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11-08-1994 (City Council) Agenda Packet Wylie City Council Meeting November 8 , 1994 Agenda Wylie City Council Wylie Municipal Complex November 8, 1994 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE LIBRARY BOARD PRESENTATION TO CITY COUNCIL PRESENTATION TO FIRE DEPARTMENT - Fire Prevention Month EXECUTIVE SESSION Hold Executive Session Under Section 551.071 Government Code Regarding Pending Litigations Related to Landfill Closure Reconvene Into Regular Session and Take Any Necessary Action CONSENT AGENDA 1. Consider Approval of the Minutes of October 25, 1994 2. Consider Cancellation of the Second Council Meetings in November and December ACTION ITEMS 3. Discuss and Consider Approval of a Resolution Retracting Resolution No. 94-25 Regarding Tri-City Animal Shelter 4. Discuss and Consider Approval of an Ordinance Amending the Animal Control Provisions of the Wylie Code of Ordinances STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION 5. Discuss Ambulance Contract and Take Any Necessary Action EXECUTIVE SESSION Hold Executive Session Under Section 551.074, Government Code to Consider Appointments to the: (a) Citizens Bond Advisory Board (b) Development Corporation of Wylie, Inc. 6. Reconvene Into Open Meeting and Take Action Related to the Executive Session ADJOURNMENT Pos d on the 4 Day of November, 1994 at 5:00 p.m. VVy11e City Council Agenda Communication for 'November 8, 1994 Consider Approval of Minutes of October 25, 1994 MINUTES OF THE WYLIE CITY COUNCIL OCTOBER 25, 1994 CALL TO ORDER Mayor Swartz called the meeting to order with the following Council members present: Reta Allen, John Mondy, Bobby Jennings, Ortie Messenger and Cleo Adams. ABSENT: Steve Wright EXECUTIVE SESSION Council adjourned into Executive Session under 551-074, Government Code to discuss pending litigations related to the landfill closure. Upon reconvening into regular session, the Council resumed discussion of the agenda. CONSENT AGENDA 1. Consider approval of the minutes of October 11, 1994 Council Meeting. Corrections needed to be made, line 59 should read "with a minimum average width of 60 feet and a minimum average depth of 100 feet." 2. Consider approval of an Ordinance updating TMRS Service Credits. 3. Consider approval of a Resolution designating the first week in November as National Children's Book Week. 4. Discuss and consider approval of a contract with Abernathy, Roeder, Robertson, and Joplin for City Attorney Services. A motion was made by Ortie Messenger and seconded by Reta Allen to approve consent agenda items no. 1, 2, and 4. Motion passed, all in favor(6 votes). A motion was made by John Mondy and seconded by Bobby Jennings to approve consent agenda item no. 3 for the National Children's Book Week. Mayor Swartz then presented a certificate to Jerri Smith showing the Resolution. SITE PLANS /PLATS 5. Discuss and consider approval of a preliminary plat for Universal Displays to be located in the vicinity of County Rd 297 west of Sanden Blvd. Mr. Norwood explained that they were not certain that this deal would become final due to some financial problems Universal was having but that Universal wanting to go ahead with the platting procedure in case things do go through and then all preliminary procedures would be done. A motion was made by John Mondy and seconded by Cleo Adams to approve the preliminary plat for Universal Displays. Motion passed, all in favor(6 votes). 6. Discuss and consider approval of a replat of a ten acre tract to be known as McMillen Estates located south of McMillen Rd and west of FM 1378. Mr. Norwood explained that this had come before Council before as a preliminary and this the plat had been approved by the City's Engineering firm and this would allow the developer to continue and finish placing utilities. Mondy questioned whether the land owner had any debt to the City such as unpaid taxes and if the placement of utilities would be closely watched to ensure they were done properly and up to spec. Mr. Norwood explained that the property owner was Unity Partners and they did not owe any back taxes and yes,the utilities would be inspected closely. A motion was made by Bobby Jennings and seconded by Reta Allen to approve this final on the replat. Motion passed, all in favor(6 votes). 7. Discuss and consider approval of a final plat for the Nance Addition, a thirty-five acre subdivision located north of Stone Rd and west of W.A. Allen. Mr. Norwood explained that this had come before Council before as a preliminary and this the plat had been approved by the City's Engineering firm and this would allow the developer to continue and finish placing utilities. A motion was made by Reta Allen and seconded by Cleo Adams to approve this final plat. Motion passed, all in favor (6 votes). ACTION ITEMS 8. Discuss and consider approval of a Resolution creating an Animal Shelter Advisory Committee. Mr. Norwood reminded Council that this was before them last month. He said that all persons appointed are willing to serve on this board. They will meet approximately three times a year. They were appointed to two year terms, with the hope that within two years there will be a Tri-City Shelter. A motion was made by Ortie Messenger and seconded by Reta Allen to approve a Resolution creating an Animal Shelter Advisory Committee. Motion passed, all in favor(6 votes) 9. Discuss and consider approval of a resolution of intent to participate in tax abatement agreement with Sanden, U.S.A. Mr. Norwood said that everyone is aware of the Sanden expansions soon to happen and they are officially requesting tax abatement. At this time, there is no set amount, this is just to initiate the process. There will have to be public hearings to formally adopt tax abatement guidelines. A motion was made by Cleo Adams and seconded by Bobby Jennings to approve a resolution of intent to participate in tax abatement with Sanden. Motion passed, all in favor(6 votes) STAFF REPORTS Steve Norwood told the Council the citizens should be receiving their newsletters today, possibly tomorrow. They, also, should have received their tax bills. The bill has 3 taxing entities now--city, county, and the community college district. Persons can pay in installments but it needs to be paid in full by January 31, 1995. He then said that the ending FY'94 sales tax figures are approximately $540,000.00. He said the City is in the best financial condition it has ever been. Brady Snellgrove reiterated Mr. Norwood's comments on the sales tax figures. He then went on to say that the finance division is working hard to finish year-end and to get ready for the auditors that will be here around Thanksgiving. CITIZEN PARTICIPATION Timothy Hillary, a Wylie resident, said that he had been able to listen to the Council tapes as he had requested. He said that the ADS issue was interesting and hoped that Council was keeping an eye on the water department. He said that he, also, learned about Council's intent to have the parents of juveniles who did not show for community service time fined (community service being a type of punishment alternative for juveniles committing offenses). He said that he was strongly against that but it was another issue. He then read the letter he received from the City saying that his request was denied for written documentation concerning his case. He said that he was going to court soon and hoped that he would not have to come before Council again. Steve Norwood made a comment about the ADS. He said that the monitoring equipment would have been here this week or last but with all the rain, they decided not to sent it up yet until all the systems had time to drain off all the excess water. ADJOURN TO WORK SESSION With no other issues to discuss, Council adjourned into a worksession. Respectfully Submitted: Mayor, Jim Swartz Kirsten Fresh Community Development Secretary Wylie City Council Agenda Communication for November 8, 1994 L Consider ':Cancellation of Second Meetings in November 'a December ISSUE As Council is aware, staff usually recommends the cancellation of the second meetings in the months of November & December since they fall in and around holidays. BACKGROUND The November and December workload is generally light and business can be completed in one regular meeting. If business came up that needed to be acted on immediately, staff would naturally notify Council of the need to meet. RECOMMENDATION Staff is recommending cancellation of these two meetings. A motion to approve the Consent Agenda would cancel these meetings. 411P Submitted Approved By • Wylie City Council it3immill Agenda Communication for November 8, 1994 Resolution Retracting 'Tri-City Animal Shelter Agreement ISSUE At Council's October l lth meeting, you approved a resolution entering into an agreement with the cities of Rowlett and Sachse for a Tri-City animal shelter. Staff is now recommending Council rescind this agreement due to a change in the provisions by the City of Rowlett. BACKGROUND The original resolution provided for a location in Sachse mutually agreeable to the three cities participating. The Rowlett City Council, upon receiving pressure from their citizens, has agreed to participate only if the tri- city shelter is located within their city. Animal control/animal rights groups in that community want Rowlett to maintain full control of their own facility and have concerns about sharing costs and control with neighboring cities. RECOMMENDATION Staff is recommending Council approve the resolution retracting the agreement since all three cities are not mutually agreeable on a location for the shelter. This resolution will not prevent the City of Wylie from entering into a similar agreement at a later date with one or both of these cities. ATTACHMENT Resolution Submitted y ' \\ Approve By RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, RESCINDING RESOLUTION NO. 94-25; RESCINDING ALL PROVISIONS CONTAINED THEREIN; PROVIDING THAT THE RESCINDING OF SUCH RESOLUTION SHALL NOT PREVENT THE FUTURE DEVELOPMENT OF SIMILAR AGREEMENTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Wylie did on October 11, 1994, approve Resolution 94-25, accepting a preliminary agreement for a Tri-City animal shelter with the cities of Wylie, Sachse, & Rowlett, and WHEREAS, the terms of said resolution were not mutually agreeable to all three proposed participating cities, and WHEREAS, the issue of animal retention has been identified as an urgent need in the City of Wylie, and WHEREAS, the City of Wylie is actively seeking a solution to its animal retention needs NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie that: SECTION 1. Resolution 94-25 duly passed and approved by the City Council of the City of Wylie, is hereby rescinded in its entirety. SECTION 2. The terms and agreements identified therein are void and not accepted as obligations of the City of Wylie. SECTION 3. That the rescinding of this agreement shall not prevent the City of Wylie from considering similar agreements in the future with one or both of the former participating cities as well as cities not included in the former agreement. SECTION 4. That this resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED on this the 8th day of November, 1994. APPROVED A TTEST Wylie City Council Agenda Communication for November 8, 1994 4[±1 Ordinance Amending Animal Control Provisions of Code ISSUE Our Animal Control regulations have come under scrutiny in the past several weeks that the City has been responsible for animal control. We've found several weaknesses in the ordinance. We are proposing the following amendments: (1) Revision to the definition of "restraint" (2) Amendment to the "Pit Bull" Regulations to Include all Dangerous Dogs (3) Addition of a Clause for Vicious Animals BACKGROUND (1) The definition of "restraint" in our current ordinance still allows for an animal in its own front yard to not be held by a leash or cord. Our concern is that a dog in the front yard can still attack or chase a passing pedestrian or cyclist. The amendment proposed will no longer allow an unrestrained dog even in the front yard. (2) Our "pit bull" regulations are not enforceable. V.T.C.A. Health and Safety Code Section 822.047 prohibits municipalities from restricting a specific breed or several breeds of dogs. Our City Attorney has recommended this section be amended to address "dangerous dogs" in general. (3) Our attorney has also noticed that our ordinance does not specifically address "vicious" dogs. This is not the same provision as a dangerous dog as you'll see when you read the ordinance provisions. LEGAL CONSIDERATIONS The pit bull regulations as they currently exist are not enforceable as they conflict with statute. We would not be able to defend our enforcement of this provision in court. The "vicious dog" section will also give us additional defense should we need to destroy a vicious animal. RECOMMENDATION Staff is recommending approval of the ordinance as our animal control regulations have not been reviewed or updated in some time. ATTACHMENT - Copy of Ordinance --/i(diaed Submitt d By Approved By ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CODE OF ORDINANCES AS HERETOFORE AMENDED BY AMENDING. CHAPTER 2,TITLED "ANIMAL CONTROL";PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF 'RESTRAINT';PROVIDING FOR THE DEFINITION AND REGULATION OF DANGEROUS DOGS WITHIN THE CITY OF WYLIE; PROVIDING FOR THE DEFINITION OF "VICIOUS ANIMAL"; ESTABLISHING PROVISIONS FOR THE REMOVAL, REPORTING ND SEARCH AND SEIZURE OF VICIOUS ANIMALS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A REPEALER CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie finds that Section 15, Chapter 2, of the Wylie Code of Ordinances, does not sufficiently regulate dangerous dogs and vicious animals, and WHEREAS, the City Council finds cause for amending the definition of "restraint" to provide that all animals be controlled securely and safely, and WHEREAS, the City Council finds that the provisions in Section 15, Chapter 2, should apply uniformly to all "dangerous" dogs, and WHEREAS, the City Council finds that amendments to these provisions are needed to ensure the safety and welfare of the citizens of Wylie NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, that: SECTION 1. That Section 1, Chapter 2, be amended to include the following definition: Dangerous Animal - a dog that (a) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (b) commits unprovoked act: in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. and to amend the same section to remove the definition of "restraint" as heretofore adopted and replace it with the following amended definition: Restraint - an animal in a secure enclosure and/or completely confined by a building wall or fence of sufficient strength of construction to restrain the animal on the premises of the owner or an animal off the premises of the owner and under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain or rope. 1 That Section 15. RESTRICTIONS ON PIT BULL DOGS, of the Wylie Code of 5E-�—Ordinances, is hereby entitled as follows: Section 15. RESTRICTIONS ON DANGEROUS DOGS 1 d and 15(a)(1)(e) are 15(a)(1)(b)> 15(a)(1)(c), 15(a)( )( )� ON 3. That Section 15 (a)(1)( > and shall no longer be in effect from and after the date SECTI--_ hereby removednan from the Code of Ordinanceswith the the remaining sections shall be renumbered consecutively. ted of this ordinance and substituted pit bull dogs in Section 15 are hereby 4. That all references to provisions, regulations, and restrictions in Section 15 shall SECTT- dog' and that all former r5> Section 1, as amended hereby. applye "dangerousandogs as defined in Chap to dangerous follows: That Sections 16 through 22 are hereby renumbered as SE_�0= 17. LIVESTOCK OF ANIMALS ls. ------------PROTECTION ON 19. RESTRAINT NUISANCES 20. PREVENTION OF PUBLIC 21 ANIMAL WASTE 22. ANIMAL NOISE 23. TRAPS SECIION 6• That a new Section 16 be added as follows: 16. VICIOUS ANIMALS in at large may be destroyed 1. by nnin at Lame Any vicious animal found running public safety. peace officer or Animal Control Officer in the interest ofP owner or any any Removal of Vicious Animal The Animal Control Officer ous animal order remove such R of any animalperson having care, control or City. Thisy10 days from the City. animal must be removed immediately permanently appealed in Writing within ten (10)p be reverse ore modify the following receipt c`such an order maye may uphold, to the Municipal Judge. The Municipal Judge Officer's order and may stipulate restrictions on the anima al assga If the Municipal Animal condition tCootr lll personM having care, to allowing the animal to remain in the City. e the animal back inside the City Limits. upholds the Animal Control Officer's order, the owner or p shall not bring control or custody care, custody or control of a If the owner or person having this ordinance, such 3 Failure a Remove required by vicious animal fails to r and/Ormove cdestroyed. q animal may be impoundedor control The owner or person having care, custody 4 of ovici Re uiremenu report the disposition and relocation of such raniom Gate to must rep days after the expiration a vicious animal within ten (10) the Animal Control Officer in writing 2 • for removal of such animal from the City. Each day thereafter such information is not provided shall constitute a separate offense. 5. Search and Seizure The Animal Control Officer shall be authorized to obtain a search and seizure warrant if there is reason to believe that an animal ordered removed from the City for being vicious has not been so removed. SECTION 7. 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 8. 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 9. 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 10. 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 affecting 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 the 8th day of November, 1994. Approved Attest 3