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08-11-2009 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda August 11, 2009 — 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tem David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation of the "Battle of the Badges". (J. Duscio, Police Chief/R. Corbin, Fire Chief) • Presentation to the Citizens Police Academy. (I Duscio, Police Chief) August 11,2009 Wylie City Council Regular Meeting Agenda Page 2 of 3 • Presentation, and place on file, a Performance Agreement between the Wylie Economic Development Corporation and Sanden International (U.S.A.), Inc. (S. Satterwhite, WEDC Executive Director) • Presentation, and place on file, the FY2009-2010 Budget of the Wylie Economic Development Corporation. (S. Satterwhite, WEDC Executive Director) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the July 28, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2009-23(R) accepting the proposed property tax rate for fiscal year 2009-2010 and accepting the calculation of the effective tax rate as provided by the Texas Property Tax Code. (L. Vaughan, Finance Director) Executive Summary In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other statements and schedules must be published. The proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is $0.921992 and the rollback tax rate is $0.971237. Any change in the proposed tax rate will require revision of the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public hearings on the tax rate are required. 2. Consider, and act upon, Ordinance No. 2009-21, repealing Ordinance No. 2008-33 (Sign Regulations); adopting an ordinance establishing sign regulations; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (M. McAnnally, Building Official) Executive Summary Staff is presenting the attached sign ordinance to repeal and replace the existing sign ordinance setting forth new sign regulations in the City of Wylie, Texas. The ordinance seeks to standardize the City of Wylie regulations for sign heights and display areas throughout our jurisdiction. This ordinance has been reviewed and prepared by our City Attorney's office. The recommended version of the ordinance incorporates the August 11,2009 Wylie City Council Regular Meeting Agenda Page 3 of 3 three additional instructions provided by Mayor/Council originating during the July 7, 2009 Joint Work Session. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certj that this Notice of Meeting was posted on this 7`"day of August, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 8-11-09 Item Number: Presentation#1 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 7-31-09 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, a Performance Agreement between the Wylie Economic Development Corporation and Sanden International (U.S.A.), Inc. Recommendation N/A Discussion As presented to Council in Executive Session on June 23, 2009 and as approved by the WEDC Board of Directors on July 17, 2009, an executed Performance Agreement between the WEDC and Sanden International (U.S.A.), Inc. is attached for your review. With the assistance of the WEDC, Sanden will be undertaking an $8.5 million expansion/upgrade to an existing compressor manufacturing line. The expansion will take place in two phases; the first phase ($5.8 million) will be completed by April 1, 2010 with the second phase ($2.7 million) complete by April 1, 2011. Following receipt of documentation required within the agreement, Sanden will be reimbursed $200,000 for Phase I expenditures and $100,000 for Phase II expenditures. In addition to providing documentation supporting the expenditure of$8.5 million, Sanden must maintain no less than 275 production employees, pay all property taxes due for the prior year, and maintain an appraised value for real and personal property of no less than $58 million. In an effort to ensure that the upgraded manufacturing line is functional as well as ensuring that the public investment was utilized properly, Sanden must provide documentation supporting the production of no less than 340,000 compressor units by April 1, 2012 attributed to the proposed real and personal property improvements. Should Sanden be in default of this provision, all incentives funded will be required to be returned to the WEDC. Approved By Initial Date Department Director SS 8-1-08 City Manager Page 1 of 1 r/e PERFORMANCE AGREEMENT Between W %LIE ECONOMIC DEVELOPMENT CORPORATION And SANDEN INTERNATIONAL(U.S.A.), INC. This Performance Agreement (this "Agreement") is made and entered into by and between the 'Wylie Economic Development Corporation (the "WEDC"), a Texas corporation organized and existing under the Development Corporation Act of 1979, as amended from time to time (the "Act"), and Sanden International (U.S.A.), Inc. a Texas Corporation (the"Company"). RECITALS WHEREAS, the Company is desirous of making real and personal property improvements to its existing facility and PXF Compressor Line (the "Project"). The improvements will have a minimum cost of Eight Million Five Hundred Twenty Thousand Dollars ($8,520,000.00) and will be located at 601 South Sanden Boulevard in Wylie, Texas (the"Facility"); and WHEREAS, the Company has requested that the \ hut., provide economic assistance to facilitate the construction of the proposed improvements by providing cost reimbursement for improvements including research& development, new equipment& modification, quality control, technical expertise, new washers, and facility improvements(the"Improvements"); and WHEREAS, the Improvements for the Company's Facility in the City of Wylie, Texas will retain "primary jobs", as that term is defined in the Act, being a job available at a company for which a majority of the products or services of the company are ultimately exported to regional, statewide, national or international markets; and WHEREAS, primary jobs retained by the Improvements undertaken by the Company falls within the North American Industry Classification System(NAICS) Sector No. 551; and WHEREAS, the WEDC has determined that it is in the best interest of the public and the City and promotes the purposes authorized by the voters of the City of Wylie for which the WEDC was established to encourage the development and use of industrial and business properties within the City; and WHEREAS, the WEDC is willing to provide the Company with economic assistance hereinafter set forth on the terms and subject to the conditions as stated herein and Company is willing to accept the same subject to all terms and conditions contained in this Agreement. NOW,THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the WEDC and Company agree as follows: I. Economic Assistance. Subject to the terms of this Agreement, the WEDC will provide the Company economic assistance in the form of Performance Cost Reimbursements ("Reimbursement Incentives") in an amount up to, but not to exceed Three Hundred Page 1 of C Document,end Scamp Gerry learns"vb Documents 1R.B.1 g5529(13-‘1-Performance_-kg:en-lent Sandoi_International)DOC Thousand Dollars (S300.000.00) (the "Economic Incentives"). The Reimbursement Incentives will be paid according to the criteria set forth herein with the WEDC's obligation to pay the Reimbursement Incentives terminating on April 1, 2011. Upon meeting the qualifications and requirements (the "Performance Requirements"). the Company shall be entitled to the following economic Reimbursement Incentives: Economic Incentive and Performance Requirements Schedule: Expected Cost of Max WEDC Total WEDC Eligibility Year Incentive Jobs* Improvements Incentive Incentive Expiration 2010 No. 1 275 55.790,000 5200,000 S200.000 4-1-2010 2011 No. 2 275 $2,730,000 $100,000 $300,000 4-1-2011 Cumulative full and part-time production,jobs 11. Requirements for each Reimbursement Incentive. a. Incentive No. I: A Reimbursement Incentive of Two Hundred Thousand Dollars (S200,000) will be paid to Company upon completion of the following Performance Requirements for Incentive No. 1: 1) Receipt of documentation by WEDC supporting the expenditure of Five Million Seven Hundred Ninety Thousand Dollars (S5,790,000) for Improvements associated with the redesign of the PXF Compressor Line on or before April 1, 2010, approval of said documentation at the sole and absolute discretion of the WEDC; and 2) Documentation that the Company has not less than two hundred seventy five (275) full-time and part-time production employees, acceptance of said documentation at the sole and absolute discretion of the WEDC; and 3) Company has paid all ad valorem taxes and other property taxes due on the Facility by January 31 of the year after they are assessed and provide written notice and evidence of such payment to WEDC in a form satisfactory to WEDC by February 28 of the year after the taxes are assessed. 4) Documentation of taxable real and personal property with a certified value as determined by the Collin County Central Appraisal District (—CAD") of not less than Fifty Eight Million Dollars (S58.000,000): and 5) Elii.nbility expiration for the Comixiny to qualify tbr this Incentive No. 1 is April I, 2010. Page of6 Do,:unent, ink. n Gcrr!. Kum‘1:. 11,cuinent, -P.n-torm4rt,:c_k:rcemcFPC,,,Sami<m_interiatIonal DOC b. Incentive No. 2: A Reimbursement Incentive of One Hundred Thousand Dollars (5100,000) will be paid to Company upon completion of the following Performance Requirements for Incentive No. 2: 1) Receipt of documentation by WEDC supporting the expenditure of S2,730,000 for Improvements associated with the redesign of the PXF Compressor Line on or before April 1, 2011, approval of said documentation at the sole and absolute discretion of the WEDC; and; 2) Documentation that the Company has not less than two hundred seventy five (275) full-time and part-time production employees, acceptance of said documentation at the sole and absolute discretion of the WEDC; and 3) Company has paid all ad valorem taxes and other property taxes due on the Project by January 31 of the year after they are assessed and provide written notice and evidence of such payment to WEDC in a form satisfactory to WEDC by February 28 of the year after the taxes are assessed: and ) Dc.:'u.,m,:ntat cn of a obi .. real and persona1. pr�i�.icity sAitll 1 a.eit iced as determined by the CAD of not less than Fifty Eight Million Dollars (S58,000,000.00); and 5) Eligibility expiration for the Company to qualify for this Incentive No. 2 is April 1, 2011. For the purposes of this Agreement, a"full-time employee"is defined as an employee hired to work a minimum of Two Thousand Eighty (2,080) hours of work over a twelve (12) month term [forty (40) hours per week, which shall include business travel and irregular otTsite work commitments such as training], including allowance for vacation and sick leave, with full company benefits and employed exclusively and on-site at the Company's facility in Wylie, Texas. For the purposes of this Agreement, a "part-time employee" is defined as an employee hired to work a minimum of One Thousand Forty(1,040) hours of work over a twelve (1 2) month term [twenty (20) hours per week, which shall include offsite work commitments such as training], employed exclusively and on-site at the Company's facility in Wylie, Texas. For the purposes of this Agreement, the "payment date" of each Reimbursement Incentive shall be the date the Reimbursement Incentive is actually paid, or the date the Reimbursement Incentive would have been paid if earned. III. WEDC Recapture of Reimbursement Incentives: In the event the Company moves a portion or all of the Project, or any other products currently produced at the Facility, outside the City, for any reason, before April I, 2012, the Company agrees to refund the WEDC the total amount of Reimbursement Incentives received from the WEDC in one lump sum payment within thirty (30) days of the Company's decision to relocate andor Page 3 of 6 C Document .rna i,-`11Pv t.m Harris 3J-4', ,yr,t.•l i.Ntonrsr... .v_rrcment 5a7 l'n In-:rna*aanat E DOC expand these product lines outside the City. Further, prior to April 1, 2012 the Company will provide documentation to the WEDC supporting the production of no less than 340,000 compressor units attributed to real and personal property improvements to its existing facility and PXF Compressor Line, acceptance of said documentation at the sole and absolute discretion of the WEDC. IV. WEDC Payment of Reimbursement Incentives. Subject to the terms of this Agreement, the WEDC shall pay the Reimbursement Incentives within approximately thirty (30) days of receipt of the required documentation from the Company, subject to verification by the WEDC that the Performance Requirements have been met or exceeded by the Company, V. Non-Attainment of Performance Requirements. In the event that the Company does not meet or exceed a Performance Requirement as specified in Section II, the WEDC Reimbursement Incentive will be voided in advance of payment at the sole discretion of the WEDC, The Company will not be eligible to receive the Reimbursement Incentive after the date of the Economic Incentive Termination. VI. Economic Assistance Termination. Th,:. Agrz.21m:nt may 1.),?. b‘) alutual agreement of the parties or by either party, upon the failure of the other party to fulfill an obligation as set forth in Section II above. Regardless of the Company's level of attainment of the Performance Requirements set forth in Section II above, the WEDC's obligation to pay the Reimbursement Incentive will expire in full on April 1, 2011. VII. Employee Ilirina. Materials and Supplies Purchase. Although not an event of default or a condition to any advance in the Agreement, WEDC requests that the Company satisfies its need for all additional employees from Wylie residents and purchase all materials, supplies and services necessary to affect the renovations and subsequent occupancy of the Facility from Wylie merchants and businesses. Moreover, the WEDC requests that the Company utilize a local lodging establishment for any individuals providing technical expertise to the Project. VIII. Community Involvement. Although not an event of default or condition of any advance hereunder, the Company agrees to actively participate in community and charitable organizations and/or activities, the purpose of which are to improve the quality of life in the City of Wylie. Texas, and to actively encourage its employees to be involved in such organizations and/or activities. IX. Verification and Compliance. The Company will allow the WEDC to audit necessary Company's records, documents, agreements and other instruments in furtherance of the following purposes: (i) to ensure the Company's compliance with the affirmative covenants set forth in this Agreement; (ii) to determine the existence of an Event of Default under the terms of this Agreement; (iii) to ensure compliance with any other terms and conditions set forth herein or any related documents. Company will provide reports certifying the status of compliance,jobs retained, new ink estments and any other relevant information until the termination of this Agreement. Documentation for jobs may be in the form of quarterly Pagt 4 of 6 C Do,unt,nt.ard Settm.4,Gem. flara,, IX,urticnt; Sand:n_Iptzmarional,[)OC .7;4,463 IRS 941 returns, Texas Workforce Commission Quarterly Unemployment Summary, or employee rosters that show the hours of work and the position filled, and such other reports as may reasonably be required. X. Cessation of Economic Assistance. Notwithstanding anything herein to the contrary, WEDC shall have no obligation to disburse WEDC Economic Incentives if the Company becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt, or is delinquent on any property tax payments or an Event of Default under the terms of this Agreement occurs. XI. Non-Payment of Economic Assistance. The following will constitute an Event of Default and any advance shall not be forgiven in an Event of Default, but shall become due and payable: the Company becomes insolvent, makes any materially false statements to the City and/or the WEDC, fails to pay ad valorem taxes, or tiles suit against the City andfor the WEDC, XII. Miscellaneous. a. This ..A.,7,.cernent shall inure f3 the ben::tit 3f the pa,„-,-tles hereto and shall :wt. bc assignable by Company without the prior written consent of the WEDC, which consent may be withheld by the WEDC in its sole and absolute discretion. b, This Agreement shall be construed according to the laws of the State of Texas and is subject to all provisions of Vernon's Ann. Civ. St. Art. 5190.6, which are incorporated herein by reference for all purposes. In the event any provision of the Agreement is in conflict with article 5190,6, article 5190.6 shall prevail. e. This Agreement contains the entire agreement of the parties regarding the within subject matter and may only be amended or revoked by the written agreement executed by all of the parties hereto. d. This Agreement shall be governed by the laws of the State of Texas and is specifically performable in Collin County,Texas, e. Any notice required or permitted to be given under this agreement shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other address as any part hereto might specify in writing: WEDC: Samuel D. R. Satterwhite Executive Director Wylie Economic Development Corporation 108-C W. Marble Wylie, Texas 75098 With copy to: Abernathy, Roeder. Boyd and Joplin. P.C. 1700 Redbud Blvd., Suite 300 Page 5 of 6 11,1 Settml,uerv, Ram, ri,tatwrit,ARSJ $ OI P,:rk-min k.,,rnIment 4anc,icn_Int:rnatioreal DOC 4i3245.*., With copy to: Abernathy. Roeder, Boyd and Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney,Texas 75069 Attention: Mr. G. Randal Hullett COMPANY: Sanden international (U.S.A.), Inc. 601 South Sanden Boulevard Wylie,TX 75098 Attention: Jim Phaup By the execution hereof, each signatory hereto represents and affirms that he is acting on behalf of the party indicated, that such party has taken all action necessary to authorize the execution and delivery of the Agreement and that the same is a binding obligation on such party. EXECUTED this 2-a t day of July, 2009. WEDC: Wylie Economic Development Corporation 14/104044. By: Marvin Fuller,President COMPANY: Sanden International (U.S.A.), inc., a Texas Corporation By: -N„ Ji J.22.)en e P ident Page 6 of 6 C Documents and Settings Sam Satterwhite My Documents Word Fttes Sathien.1009 ARBJ-4552.963-v I- Perforrnance_Agreement jSanden_intemationalt DOC 1552%3 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 8-11-09 Item Number: Presentation#2 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 7-30-09 Budgeted Amount: Exhibits: 2 Subject Consider, and place on file,the FY 2009-2010 Budget for the Wylie Economic Development Corporation. Recommendation N/A Discussion As approved by its Board of Directors on July 9, 2009, the FY 2009-2010 WEDC Budget is presented for Council's review. In line with Finance Department estimates, sales tax is projected at $1.475 million. Assuming flat receipts for the balance of the fiscal year, WEDC sales tax receipts for FY 2008-2009 are projected at $1.324 million resulting in a conservative estimate for FY 2009-2010 of a 2.31% gain over prior year. Sales tax attributable to Woodbridge Crossing has been estimated at $151,800. There is however an offsetting entry ($129,030) within the WEDC Incentives budget based upon an existing Performance Agreement between the WEDC and Direct Development. Other revenue sources include $119,400 in rental income from WEDC properties on Industrial Court and $3,000 in interest earnings. As well, the WEDC will begin FY 2009-2010 with an estimated $710,865 cash reserve. The WEDC has budgeted for $2,308,685 in expenses. Of total expenses budgeted, Personnel Services represents 10.2%, Operating 3.4%, Travel & Recruitment 1.5%, Advertising & Community Development 3.8%, Debt Service 10.2%, Land Acquisition 17.3%, Audit & Legal 1%, and Incentives & Related Expenditures 52.8%. Of the three core components within the WEDC Budget, Land Acquisition, Debt Service, and Incentives represent 80% of the proposed expenditures for FY 2009-2010. While the WEDC utilizes a zero based budget strategy, a great deal of latitude is built into the WEDC budget to react to relocation/expansion projects. For example, while the WEDC anticipates acquiring additional land in pursuit of existing redevelopment strategies, those monies could be shifted to a project requiring significant up front capital. Further exemplifying flexibility within the WEDC budget, with Council approval a minimum of $1.07 million could be amassed from Land, Miscellaneous Incentives, and other budget areas for an individual project worthy of that level of investment. Additionally, the WEDC utilizes properties within Premier Plaza and Premier Industrial Park as an incentive for industrial relocation/expansions. Approved By Initial Date Department Director SS 8-1-08 City Manager Try) b 1 Page 1 of 1 WYLIE ECONOMIC DEVELOPMENT CORPORATION FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET PROJECTED BUDGET 2007-2008 2008-2009 2008-2009 2009-2010 BEGINNING AVAILABLE BALANCE $ 271,992 $ 456,221 $ 523,085 $ 710,865 REVENUES: Sales Taxes 1,293,676 1,300,000 1,323,620 1,475,420 Interest Revenues 11,974 10,000 5,337 3,000 Miscellaneous Income 76,608 109,600 49,608 119,400 Other Financing Sources - - - TOTAL REVENUES 1,382,258 1,419,600 1,378,565 1,597,820 TOTAL AVAILABLE RESOURCES 1,654,250 1,875,821 1,901,650 2,308,685 EXPENDITURES: Development Corporation 1,044,397 1,809,495 1,104,065 2,303,685 Transfers to Other Funds 86,768 66,326 86,720 5,000 TOTAL EXPENDITURES 1,131,165 1,875,821 1,190,785 2,308,685 ENDING AVAILABLE BALANCE $ 523,085 $ - $ 710,865 $ - 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED PERSONNEL SERVICES 5611-51110 SALARIES 175,170 174,722 174,722 166,778 5611-51130 OVERTIME 0 0 0 0 561 1-5 1 140 LONGEVITY PAY 676 770 772 960 5611-51145 SICK LEAVE BUYBACK 1,799 1,900 1,782 1,924 5611-51160 CERTIFICATION INCENTIVE 0 0 0 0 5611-51170 PARAMEDIC INCENTIVE 0 0 0 0 5611-51210 CAR ALLOWANCE 9,379 11,320 11,320 11,320 5611-51220 PHONE ALLOWANCE 2,976 2,976 2,976 3,456 5611-51230 CLOTHING ALLOWANCE 0 0 0 0 5611-51310 TMRS 17,636 18,992 18,992 20,142 5611-51410 HOSPITAL&LIFE INSURANCE 18,288 15,870 19,870 15,145 5611-51420 LONG-TERM DISABILITY 442 1,040 1,040 951 5611-51440 FICA 8,700 11,820 11,820 11,404 5611-51450 MEDICARE 2,683 2,900 2,900 2,667 5611-51470 WORKERS COMP PREMIUM 548 490 420 464 5611-51480 UNEMPLOYMENT COMP(TWC) 198 540 540 540 TOTAL PERSONNEL SERVICES 238,495 243,340 247,154 235,751 SUPPLIES 5611-52010OFFICE SUPPLIES 15,284 9,000 6,100 9,000 5611-52040 POSTAGE 673 2,220 585 2,220 5611-52130 TOOLS&EQUIPMENT 0 0 0 0 5611-52810 FOOD SUPPLIES 5,490 6,300 2,724 4,700 5611-52990 OTHER 0 0 0 0 TOTAL SUPPLIES 21,448 17,520 9,409 15,920 MATERIALS FOR MAINTENANCE 5611-54630 TOOLS&EQUIPMENT 0 0 0 0 5611-54810 COMPUTER HARD/SOFTWARE 1,413 3,000 1,680 3,000 5611-54990 OTHER 0 0 0 0 TOTAL MATERIALS FOR MAINTENANCE 1,413 3,000 1,680 3,000 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 72,047 551,509 140,596 1,163,826 5611-56040 SPECIAL SERVICES 38,645 49,495 65,523 21,220 5611-56080 ADVERTISING 34,855 44,735 31,659 43,060 5611-56090 COMMUNITY DEVELOPMENT 48,773 56,963 47,062 45,263 5611-56110 COMMUNICATIONS 3,146 3,060 3,307 2,940 5611-56180 RENTAL 16,452 19,500 18,312 15,600 5611-56210 TRAVEL AND TRAINING 12,950 28,279 18,073 34,134 5611-56250 DUES&SUBSCRIPTIONS 6,927 7,733 6,993 8,163 5611-56310 INSURANCE 303 2,500 303 303 5611-56510 AUD►T AND LEGAL SERVICES 20,562 17,560 15,595 22,500 5611-56570 ENGINEERING-ARCHITECT SVCS 8,688 25,500 16,873 25,000 5611-56610 UTILITIES-ELECTRIC 3,913 4,000 3,412 4,000 TOTAL CONTRACTUAL SERVICES 267,261 810,834 367,708 1,386,009 DEBT SERVICE&CAP.REPL 5611-57110 DEBT SERVICE 289,880 274,501 274,501 235,005 5611-57710 BAD DEBT EXPENSE 17 0 0 0 TOTAL DEBT SERVICE&CAP.REPL 289,896 274,501 274,501 235,005 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES 2007-2008 2008-2009 2008-2009 2009-2010 ACTUAL BUDGET PROJECTED PROPOSED CAPITAL OUTLAY 5611-58110 LAND 218,958 400,000 192,236 400,000 56 1 1-5 8120 DEVELOPMENT FEES 0 0 0 0 5611-58210 STREETS&ALLEYS 0 52,300 30,713 25,000 5611-58810 COMPUTER HARD/SOFTWARE 1,351 3,000 193 3,000 5611-58830 FURNITURE&FIXTURES 5,575 5,000 865 0 5611-58995 CONTRA CAPITAL OUTLAY 0 0 0 0 TOTAL CAPITAL OUTLAY 225,884 460,300 224,007 428,000 OTHER FINANCING(USES) 5611-59111 TRANSFER TO GENERAL FUND 86,768 66,326 66,326 5,000 5611-59190 TRANSFER TO THORUGHFARE IMPA 0 0 0 0 5611-59990 PROJECT ACCOUNTING 0 0 0 0 TOTAL OTHER FINANCING(USES) 86,768 66,326 66,326 5,000 TOTAL DEVELOPMENT CORP-WEDC 1,131,165 1,875,821 1,190,785 2,308,685 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 28, 2009 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:02 p.m. with the following Wylie City Council members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, and Councilman Rick White. Councilman Bennie Jones arrived at 6:25 p.m. and Mayor ProTem Red Byboth arrived at 8:17 p.m. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Building Official, Mike McAnnally; Police Chief, John Duscio; Finance Director, Linda Vaughan; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Public Services Director, Mike Sferra; Construction Manager, Shane Colley; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Boy Scout Troop 302 led the Pledge of Allegiance. Scouts in attendance were: Eric Balser, David Feldman, David Harris, Tyler Humphreys, Brendan Stephens, Lawson Taylor, Jacob Ward, and Travis Wright. Scout leaders were Tim McCord and Jeanine Stevens. PRESENTATION • Presentation of Life Saving Award (J. Duscio,Police Chief) o Officer Jacob Perry o Officer Amanda Peeples o Officer Shane Varner Mayor Hogue and Police Chief John Duscio presented Life Saving Awards to Officer Jacob Perry and Amanda Peeples; both officers were in field training and helped save the lives of two Minutes July 28, 2009 Wylie City Council Page 1 individuals at Southfork Mobile Home Park on May 24, 2009. Chief Duscio explained that Officers Hermes, Peeples, McIntosh, and Perry arrived and discovered an adult male and an adult female lying on their backs and appearing to be unconscious. The female did respond to a sternum rub but the male was not breathing. Officer McIntosh retrieved the AED from his car and Officer Perry retrieved a breathing mask. Officers Perry and Peeples began CPR on the male subject. The subject responded to the CPR and began breathing. EMS arrived and took over care of the patients. Mayor Hogue and Police Chief John Duscio presented the Life Saving Award to Shane Varner who saved the life of an infant found face down in a swimming pool. Chief Duscio explained that on July 8, 2009 at approx. 1515 hrs. Patrol Officer, Shane Varner, was dispatched to a call involving an unresponsive infant found face down in a pool. Officer Varner arrived prior to Fire Department personnel. Officer Varner immediately went to the child who was not breathing and was blue in color. He immediately started life saving techniques including CPR and was able to bring the child back. She started coughing and crying and regained color. Officer Varner's quick actions saved the child's life. Police Chief Duscio commented that these police officers' selfless actions are a direct reflection of the excellent caliber of Wylie Police personnel and the department as a whole. WORK SESSION • Discussion regarding alignment options for McMillen Road at Muddy Creek. (C. Hoisted, City Engineer) City Engineer Hoisted addressed Council stating that on March 10, 2009 Council approved an engineering agreement with Binkley & Barfield for the design of the expansion of McMillen Road from McCreary Road to FM 1378. He reported that Collin County Bond funds are being used for the engineering services. He presented two alignment options that had been developed at the bridge crossing with Muddy Creek as shown on the displays. He asked for direction regarding which option to further research for possible consideration within the final design. He reported that both options would have a similar cost associated with the alignment. Direction from council was to further research Option #2. • Discussion of the relocation options of Water Delivery Point No. 1. (C. Hoisted, City Engineer) City Engineer Hoisted addressed Council stating that the City of Wylie currently operates three water delivery points from the North Texas Municipal Water District (NTMWD). He explained that Delivery Point #1 is comprised of four pumps located on top of a wet well along the outside wall of the original NTMWD Water Treatment Plant. The Water Distribution System Master Plan Update, completed in 2005, assumed that the pumps could be moved to a separate structure and connected to the existing wet well. Upon further conversation with NTMWD over the past year, it has been determined that an air gap must be provided between the City of Wylie pumps and the NTMWD supply which the current configuration does not provide. He noted, the addition of an air gap will require the construction of a ground storage tank. City Engineer Hoisted suggested that one possible location for a new tank site is on Brown Street just west of Eubanks Lane. On March 30, 2009 the City requested that Minutes July 28, 2009 Wylie City Council Page 2 NTMWD participate in the cost of relocating the delivery point. The District agreed to participate in the amount of $475,000 above their normal participation in the cost of construction and installation of a meter and control valve vault. He asked council for direction in continuing to research this site for the new delivery point. Direction from the council was to continue to research the Brown Street, west of Eubanks Lane location for the new delivery point. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 6:15 p.m. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Tim McCord, residing at 203 Riva Ridge, Wylie, Texas, addressed council requesting consideration of a left turn lane on Country Club Road turning into the Wylie High School parking lot. He commented that it currently was difficult to maneuver the turn. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the July 7, 2009 Special called Meeting and the July 14,2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Replat for Woodbridge Crossing Addition, Block A, Lots 1R-7R to dedicate the necessary utility easements to accommodate the development on seven (7) commercial lots on 27.07 acres, generally located on the southeast corner of FM 544 and McCreary Road. (R. 011ie, Planning Director) C. Consider, and act upon, approval of a Replat for Woodbridge Crossing Addition, Block A, Lots 8R-17R to dedicate the necessary utility easements to accommodate the development on ten (10) commercial lots on 34.50 acres, generally located on the southwest corner of FM 544 and Springwell Parkway. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of June 30,2009. (L. Vaughan, Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of June 30, 2009. (S. Satterwhite, Executive Director, WEDC) Minutes July 28, 2009 Wylie City Council Page 3 Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. Mayor Hogue announced at 6:45 p.m. there would be a short recess, with the Regular Session beginning at 7:00 p.m. due to a published public hearing that will be heard at 7:00 p.m. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed expansion of the Downtown Historic District to include property on Ballard Avenue north of Brown up to approximately 419 North Ballard on the west and Block 1 Tract 48 of the Truett Abstract on the east. ZC 2009-04 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that periodically staff has been approached by developers with an interest in commercial development along North Ballard from Brown Street extending north to the city limit boundary. Staff has been cautious to support any request that may be construed as spot zoning; therefore extension of DTH to the north seemed to be in the best interest of the community. The extension of DTH to the north will allow existing Single-Family to continue and flexibility of limited commercial development to occur within certain guidelines, and would preserve the pedestrian friendly atmosphere and architectural character of the Downtown Historic District. Ms. 011ie reported that the commissioners discussed the current housing make up of the subject area. There are 12 single family dwelling units located within the subject area, of which 5 conform to the current SF-10/24. The Commission questioned the reasoning for the requested change. With the higher traffic volume along Ballard and Brown staff reiterated that the area lends itself for a more light commercial type uses as opposed to strictly single-family development. Extending the Downtown Historic District north of Brown would be the simplest approach to allow for more of a mixed use district. Phillip Johnson, Planning and Zoning Commission chair, addressed council stating that a few members of the commission were concerned that Saint Anthony's Catholic Church owned 4 parcels/lots (8.3975 acres) within the proposed expansion including a single family dwelling of approximately .5485 acres on the northwest corner of Ballard and Brown. He reported that the church was against the zoning change. The commission felt because the church owned property on both sides of the proposed change it would be impossible to approve without including the church. Ms. 011ie noted of the 9 single family homes along the west side of North Ballard, 6 are legally nonconforming structures as it relates to exterior materials. If those structures were damaged in excess of 75%, the repair and/or replacement of such structures must conform to all the regulations of the current SF-10/24 district. However, if the area were rezoned to Downtown Historic District, then those properties would be conforming in that they meet the requirements of the DTH exterior material and could be rebuilt/repaired to match existing structure. She reported that fifty-seven (57) notifications were mailed to property owners within 200 feet in accordance with State Law. As of July 1, 2009, twelve (12) responses were received; four(4) in favor and eight (8) against the request. Ms. 011ie explained that one of the commission members had been in contact with the local priest and explained the zoning change in detail, however the bishop of the diocese was opposed to the zoning change giving no reason for the opposition. She reported that the proposed change would be more of a benefit to the church then an issue. Minutes July 28, 2009 Wylie City Council Page 4 During the Planning Commission meeting, the commissioners made a motion to approve the requested zoning. The motion failed 3-3. Another motion was made to deny the requested zoning change. The Commission voted 4-2 to recommend denial of the proposed amendment. She explained that because the Commission is recommending denial, it will take a three-fourths majority vote (6 of 7 members) of the Council to reverse the Commission's vote. Council Discussion Councilman Porter noted that in his opinion, what was needed was citizen education regarding the DHD extension proposal. He suggested that staff contact the residents affected, that voiced opposition, and explain how these changes would help; this would greatly simplify the issue. Councilman Goss stated that he was for communication but not having the city staff do the communicating. Planning Director 011ie replied that communicating with the residents was part of the duties that staff provides. Mayor Hogue noted that the correct procedure was to direct the City Manager to provide communication to the residents and she would direct staff to communicate the appropriate information. Councilman Goss stated that he believed the council should confirm the wishes of the Planning Commission and deny this zoning change, noting that he felt the commission was appointed to make these recommendations and the council should follow their recommendations. Mayor Hogue replied that he had served on the Planning Commission for three years and had chaired the commission and he appreciated the time they spent on reviewing zoning cases, however they are an advisory board and their job is to advise us; the"buck" stops with us to make the tuff decisions that benefit all the citizens of Wylie. Councilman Porter stated that in view of the super majority needed to vote on this item, he recommended tabling the item until the full council could be present and communication with the residents could be completed. Councilman Goss stated that he was totally against tabling the item. Councilwoman Spillyards stated that she wished to communicate and take additional time on the zoning change because it was such an important issue. Councilman Porter concurred. Public Hearing Mayor Hogue opened the public hearing for Zoning Case No. 2009-04 at 7:10 p.m. No one was present to address the Wylie City Council on Zoning Case No. 2009-04. Council Action A motion was made by Councilman Porter, seconded by Councilman White to table Zoning Case No. 2009-04 and continue the public hearing to the August 25, 2009 city council meeting. A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman Spillyards, Councilman Jones, Councilman White and Councilman Porter voting for and Councilman Goss voting against. Mayor Pro Tern Byboth was absent. General Business 2. Consider, and act upon, Resolution No. 2009-21(R) authorizing continued participation with the Atmos Cities Steering Committee and Authorizing the Payment of 2 Cents per Capita to the Atmos Cities Steering Committee to Fund the Regulatory and Related Activities. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the Atmos Cities Steering Committee (ACSC) has historically intervened in Atmos rate proceedings and gas utility related rulemakings to protect the interests of municipalities and gas customers residing within municipal boundaries. ACSC is participating in Railroad Commission dockets and projects, as well as court proceedings, affecting gas utility rates. In Minutes July 28, 2009 Wylie City Council Page 5 order for ACSC to continue its participation in these activities which affects the provision of gas utility service and the rates to be charged, it must assess its members for such costs. She noted that the expertise the member cities receive in these rate cases from the ACSC well outweighs the fees charged to each member city. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to approve Resolution No. 2009-21(R) authorizing continued participation with the Atmos Cities Steering Committee and authorizing the payment of 2 cents per capita to the Atmos Cities Steering Committee to fund the regulatory and related activities. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. 3. Consider, and act upon, Ordinance No. 2009-20 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the Company's Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction; declaring existing rates to be unreasonable; requiring the company to reimburse cities reasonable ratemaking expenses; adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this Ordinance to the company and the steering committee's legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the city, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). Pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP procedures. Manson reported the original request by Atmos back in March was for a twenty million dollar increase in rates. ACSC negotiated that rate down to a 2.6 million dollar increase which is a 70% reduction in the original amount. This settlement rate will affect the average consumer by about fifteen cents. She noted that working with ACSC and their experts that negotiate with Atmos greatly benefit the many cities who are members of the ACSC. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Ordinance No. 2009-20 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp. Mid-Tex Division regarding the company's rate review mechanism filing in all cities exercising original jurisdiction. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-20 into the official record. Minutes July 28, 2009 Wylie City Council Page 6 Mayor Hogue recessed into Executive Session noting the exceptions below at 7:25 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.087 Deliberation Regarding Economic Development Negotiations; Closed Meeting • Discussion regarding negotiations with Direct Development. §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Right-of-way and related easements for the construction of improvements to Brown Street East. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into open session at 8:36 p.m. 4. Consider, and act upon, authorizing the Mayor to enter into an amended and restated Retail Development Agreement with Direct Development. (M. Manson, City Manager) Staff/Developer Comments Wylie Economic Development Corporation executive director Sam Satterwhite addressed Council stating that he was here today after many months of negotiations because, as of August 1, 2009, Direct Development will be in default of their development agreement with WEDC and the City of Wylie. He explained that the only item they would be in default for is the required square footage performance agreement. He stated that he wanted to be clear regarding any lack of effort or commitment on the part of Direct Development; if you speak to any retailers or merchants, you will find that commitment is not something that Direct Development lacks. He explained that it was two and one half years ago, prior to signing the original agreement that the city decided to put performance measures in place to gauge the success of this project. He noted that the city did not create performance measures, but asked Direct to put those performance measures in place. Direct came to the city recommending that the following performance measures be implemented: Phase #1 — August 1, 2009 - all public infrastructure (4.5 miles of roadway) and signals; overhead electrical and 280,000 square feet of retail space be completed. Phase#2—August 1, 2011 — 530,000 cumulative square feet be completed. Valuation—July 2012 —total development be valued at $83,000,000. Mr. Satterwhite reported that the original performance measures were considered conservative. He reported that since that time, Direct Development has seen a shift to non-activity by retail merchants; the retailers are just not there. "Direct cannot provide what the market cannot give." Minutes July 28, 2009 Wylie City Council Page 7 He reported that Direct has complied with all infrastructure funding and construction required by the agreement. He explained that tonight he was presenting a set of re-stated performance measures that have been recommended by both Direct Development and staff. He noted that the phases were smaller to allow closer tracking of the development process. They include: Phase I —Target— 186,000 sq ft— September 1, 2009 (completed) Phase II —35,000 sq ft— November 30, 2009 Phase III —64,000 sq ft— May 1, 2011 (24 month extension) Phase IV—385,000 sq ft— September 1, 2012 Phase V—530,000 sq ft— September 1, 2013 (25 month extension) Valuation - July 31, 2014 - $83,000,000 (24 month extension) Mr. Satterwhite reported that there is a new provision within the agreement that is very important to the city and to Direct Development that addresses default of the new re-stated agreement. If any portion between Phase III and Phase V or the valuation requirement fall short, the 12 million dollar cap in sales tax reimbursement to Direct will be reduced to 6 million. No other amendments or discussion will be made unless requested by the city council. If the cap is reduced for any reason, the performance measures from that point forward would not be required. He noted that 4B sales tax was not included in the original reimbursement provisions. David Watson, representing Direct Development, addressed council stating that he wanted to comment how much he appreciated City Manager Manson and WEDC Director Sam Satterwhite leading this effort through the city to re-evaluate the agreement in light of the tsunami that has hit the retail sector over the past year. He thanked the Wylie City Council for taking the time to consider the re-stated development agreement. He thanked city staff and council for having the forethought and talent on staff to evaluate this agreement and react in a fashion that is a win-win for the city and Direct Development. He commented that this partnership is unique not only in the metroplex but in the state. Direct Development is currently working with similar communities and developers nationwide that do not have Target Stores opening and the development progress is far behind; with no public infrastructure in place. "This is the best example of a public-private partnership that I have ever been associated with." Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to authorize the Mayor to enter into an amended and restated Retail Development Agreement with Direct Development. A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman Spillyards, Councilman Porter, Councilman Jones, and Councilman White voting for and Councilman Goss voting against. Mayor ProTem Byboth was absent. 5. Consider, and act upon,Resolution No. 2009-22(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to Brown Street from SH 78 to Stone Road. (C. Holsted, City Engineer) Minutes July 28, 2009 Wylie City Council Page 8 Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve Resolution No. 2009-22(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to Brown Street from SH 78 to Stone Road. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. Mayor Hogue convened into work session at 8:05 p.m. Mayor ProTem Byboth arrived for the work session at 8:17 p.m. WORK SESSION • Discussion regarding the City of Wylie FY2009/2010 Annual Budget. (M. Manson, City Manager) City Manager Manson addressed council stating that in the July 28, 2009 budget work session most of the general funds were discussed. Since that time, the certified tax valuations have come in from the three taxing entities. She reported that the certified values are down from the preliminary valuations by $43,625,191 or 1.96%. She reported that the proposed budget was still balanced but had little excess. Some of the recommendations made to the current proposed budget were: • Transfer of $37,000 to the Recreation Fund for Summer Concert Series from City Council not-for-profit contributions account • Reduce transfer to Emergency Communications Fund by $100,000 • Increase of street budget by $150,000 for Railroad Quiet Zones paid from General Fund to Fund Balance City Manager Manson presented Utility revenues and expenditure source percentage forecasts for FY 2009/10. Revenues were forecast to be $10,960 with the biggest portion collected from service fees and expenditures forecast at $10,794,124 with the largest portion in non- departmental expenditures. The public hearing on the FY 2009-10 Budget will be held on August 25, 2009. Two public hearings will be held on the tax rate; August 25, 2009 and a special called meeting scheduled for September 1, 2009. Approval of both the FY 2009-10 Budget and the FY 2009-10 Tax Rate will be considered on September 8, 2009 at the regular city council meeting. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 8:45 p.m. ADJOURNMENT Minutes July 28, 2009 Wylie City Council Page 9 With no further business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilman Porter to adjourn the meeting at 8:46 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes July 28, 2009 Wylie City Council Page 10 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 11, 2009 Item Number: 1 Department: Finance (City Secretary's Use Only) Prepared By: Linda Vaughan Account Code: Date Prepared: August 3, 2009 Budgeted Amount: Resolution, Property Tax Exhibits: Distribution Calculations Subject Consider, and act upon, Resolution No. 2009-23(R) accepting the proposed property tax rate for fiscal year 2009-2010 and accepting the calculation of the effective tax rate as provided by the Texas Property Tax Code. Recommendation Motion approving Resolution No. 2009-23(R) accepting the proposed property tax rate for fiscal year 2009- 2010 and accepting the calculation of the effective tax rate as provided by the Texas Property Tax Code. Discussion In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other statements and schedules must be published. The proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is $0.921992 and the rollback tax rate is $0.971237. Any change in the proposed tax rate will require revision of the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public hearings on the tax rate are required. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Approved By Initial Date Department Director LV v8/3/09 City Manager lY) v A/D7 Page 1 of 1 RESOLUTION NO. 2009-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2009-2010 AND ACCEPTING THE CALCULATION OF THE EFFECTIVE TAX RATE AS PROVIDED BY THE TEXAS PROPERTY TAX CODE. WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides the specific procedures in which to consider the proposed tax rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of $0.8989 per $100 valuation as the proposed property tax rate for fiscal year 2009-2010. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 11, 2009, and accepted this resolution with a majority vote as follows: Mayor Eric Hogue YEA NAY ABSTAIN ABSENT Mayor Pro Tern Red Byboth YEA NAY ABSTAIN ABSENT Councilmember Kathy Spillyards YEA NAY ABSTAIN ABSENT Councilmember Richard White YEA NAY ABSTAIN ABSENT Councilmember Bennie Jones YEA NAY ABSTAIN ABSENT Councilmember David Goss YEA NAY ABSTAIN ABSENT Councilmember Carter Porter YEA NAY ABSTAIN ABSENT DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 11 th day of August 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2009-23(R) Proposed Property Tax Rate FY2009-2010 PROPERTY TAX DISTRIBUTION CALCULATIONS FY2009-10 FY2008-09 Tax Year 2009 Tax Year 2008 TAX ROLL: Assessed Valuation(100%) $2,222,617,094 $2,184,235,238 Rate per $100 0.89890 0.89890 Tax Levy Freeze Adjusted 19,979,105 19,634,091 Tax Levy- Frozen (Disabled/over 65)* 618,267 491,418 Total Tax Levy 20,597,372 20,125,509 Percent of Collection 100% 100% Estimated Current Tax Collections $ 20,597,372 $ 20,125,509 SUMMARY OF TAX COLLECTIONS: Current Tax $ 19,979,105 $ 19,634,091 Revenue From Tax Freeze Property 618,267 491,418 Delinquent Tax 100,000 342,141 Penalty and Interest TOTAL TAX COLLECTIONS $ 20,697,372 $ 20,467,650 FY2009-10 PERCENT FY2009-10 OF FY2009-10 FY2008-09 TAX RATE TOTAL AMOUNT AMOUNT GENERAL FUND: Current Tax $ 0.55022 $ 12,229,268 $ 12,274,276 Revenue From Tax Freeze Property 378,444 307,211 Delinquent Tax 61,210 213,890 Penalty and Interest Total General Fund $ 0.55022 61.21% $ 12,668,922 $ 12,795,377 DEBT SERVICE FUND: Current Tax $ 0.34868 $ 7,749,837 $ 7,359,815 Revenues From Tax Freeze Property 239,823 184,207 Delinquent Tax 38,790 128,251 Penalty and Interest Total Debt Service $ 0.34868 38.79% $ 8,028,450 $ 7,672,273 DISTRIBUTION $ 0.89890 100.00% $ 20,697,372 $ 20,467,650 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 11, 2009 Item Number: 2 Department: Building Inspections (City Secretary's Use Only) Prepared By: J.M. "Mike" McAnnally Account Code: Date Prepared: July 31, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2009-21, repealing Ordinance No. 2008-33 (Sign Regulations); adopting an ordinance establishing sign regulations; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Recommendation Motion to approve Ordinance No. 2009-21, repealing Ordinance No. 2008-33 (Sign Regulations); and establishing sign regulations. Discussion Staff is presenting the attached sign ordinance to repeal and replace the existing sign ordinance setting forth new sign regulations in the City of Wylie, Texas. The ordinance seeks to standardize the City of Wylie regulations for sign heights and display areas throughout our jurisdiction. This ordinance has been reviewed and prepared by our City Attorney's office. The recommended version of the ordinance incorporates the three additional instructions provided by Mayor/Council originating during the July 7, 2009 Joint Work Session. 1. (Administrative Correction) Section 3 number 2: Appendix A was changed to Appendix C in order to properly reference our current Fee Ordinance. 2. Council inquired as to allowing a total of 3 flags for commercial locations limited to one United States flag with two separate flags of either the state of Texas, County, City of Wylie or a recognized corporate flag: Our City Attorney utilized a definition of flag in Section 6, Number 5 - A businesses or nonprofit entity may erect a maximum of three flags per tract of land, only one of which may include the flag for the business and/or nonprofit entity. A flag showing the emblem or logo of a business or nonprofit entity must be located on the same tract of land as that business or nonprofit entity. No flag shall show the emblem or logo of a business or nonprofit entity that is located on a separate tract of land. 3. As per instruction, the Building Department researched the City of Plano regulations for allowing more frequent message changes: Plano's sign ordinance was revised to allow change of display intervals to not exceed one for every eight seconds on May 11, 2009. This is mirrored in the final version of our ordinance. This sign ordinance is an effort by the City of Wylie Building Inspections to enhance the sign regulations for a more business friendly environment by allowing improvements in advertising and resulting in better business Page 1 of 1 Page 2 of 2 traffic, community aesthetics, public traffic safety and an attempt to limit future unsightly storm or wind damage to new signage in our gateway commercial corridors. The new regulations allow for business owners or operators to entice consumers to their location by improving their onsite advertising and traffic visibility by allowing adjustments to sign display sizes, distance separations, the better use of their privately owned property and the employment of current advertising systems for existing and future businesses in our City. Approved By Initial Date Department Director JMM 7/31/09 City Manager MIA(' tic I 0, ORDINANCE NO. 2009-21 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2008-33 (SIGN REGULATIONS); ADOPTING AN ORDINANCE ESTABLISHING SIGN REGULATIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has previously adopted Ordinance No. 2008-33 (Sign Regulations) of the City of Wylie, Texas ("Wylie") establishing sign regulations; and WHEREAS, the City Council has investigated and determined that various additions, deletions and amendments should be made to Ordinance No. 2008-33 to allow Wylie to more effectively regulate signs; and WHEREAS, the City Council has investigated and determined that in order to most effectively make the additions, deletions and amendments necessary, it is in the best interest of the citizen's of Wylie to repeal Ordinance No. 2008-33 in its entirety and replace it with this ordinance; and WHEREAS, the City Council has investigated and determined that Ordinance No. 2008- 33 (Sign Regulations), should be repealed in its entirety and this Ordinance adopted to regulate signs located in Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2008-33 Repealed. Wylie Ordinance No. 2008-33 is hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2008-33 shall be repealed. Such repeal shall not abate any pending prosecution Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 1 549364.v1 and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2008-33, occurring before the effective date of this Ordinance. SECTION 3: Establishing Sign Regulations. The City of Wylie hereby establishes the sign regulations attached hereto as Exhibit"A", and incorporated herein for all purposes. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred and 00/100 Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: No Change in Forums Created. Wylie hereby declares that it would not have passed any section of this Ordinance that changes the character of any non-public forum to a limited public forum or a designated/open public forum or changes the character of any limited public forum to a designated/open public forum, and that any section found to do so by a Court of competent jurisdiction shall be severed and considered repealed effective on the date of the Court's order/ruling. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 2 549364.v1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 1 lth day of August 2009. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—August 19, 2009 Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 3 549364.v1 SIGN REGULATIONS SECTION 1: INTENT 8 SECTION 2: DEFINITIONS 9 SECTION 3: ADMINISTRATION 14 A. Permits 15 B. Applications 16 C. Work Started Without a Permit 16 D. Permit Revocable 16 E. Non Conforming Signs 17 F. Inspection 18 G. Removal of Obsolete Signs 18 H. Removal or Repair of Dilapidated or Deteriorated Signs 18 I. Removal of Illegally Erected Signs 18 J. Variances 19 SECTION 4: PROHIBITED SIGNS 19 A. Signs Imitating Traffic or Emergency Signs 19 B. Portable Signs 20 C. Signs Violating other Laws or Ordinances 20 D. Signs Attached to Trees or Utility Poles 20 E. Signs on Sidewalks, Curbs, Gutters or Streets 20 F. Moving, Flashing, Revolving or Color Changing Signs 20 G. Pole Signs 21 H. Off-Premise Signs 20 I. Signs Attached to or Painted on a Fence, Wall or Railing 20 J. Signs Causing a Nuisance or Hazard Because of Illumination 21 Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 4 549364.v1 K. Signs Advertising the Sale of a Vehicle 21 L. Signs Attached to a Vehicle 21 SECTION 5: EXEMPT SIGNS 22 A. Nameplates 21 B. Building Identification/Memorial 22 C. Traffic 22 D. Signs Inside a Building 22 E. Changeable Copy 22 F. Movement Control Signs 23 G. Protective Signs 23 H. Government Signs 23 I. Holiday Lights and Decorations 23 J. Political Signs 23 K. Special Event or Public Announcement Signs 24 L. Garage Sale Signs 25 M. Home Improvement Signs 24 N. Temporary Religious Signs 26 O. Yard Signs 26 P. Zoning Signs 26 • Q. Signs Held by Pedestrians 26 SECTION 6: GENERAL SIGN REGULATIONS 27 A. Flags 27 B. Obscenity 26 C. Obsolete Signs 27 D. Maintenance of Signs 28 Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 5 549364.v 1 E. Wind Pressure and Dead Load Requirements 28 F. Obstructing Doors, Windows, or Fire Escapes 27 G. Placement of Advertising Matter 27 H. Signs Prohibited On or Over Public Property 29 I. Illumination of Signs 29 J. Searchlights 29 SECTION 7: ATTACHED SIGN REGULATIONS 30 A. Wall Signs 29 B. Signs attached to a Building(s) 31 C. Illumination of Attached Signs 30 D. Window Signs 30 E. Awning Signs 31 F. Projecting Signs 32 G. Canopy Sign 31 H. Electrical Signs 33 SECTION 8: MONUMENT SIGN REGULATIONS 33 A. General Requirements 32 B. Fuel Pricing Signs 35 C. Material Regulations 36 D. Illumination 36 SECTION 9: OTHER TYPES OF SIGNS 35 A. Menu Board Signs 36 B. Subdivision Entry Signs 36 C. Directory Signs 37 Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 6 549364.v1 D. Institutional Signs 36 E. Kiosk Signs 37 SECTION 10: REGULATIONS FOR TEMPORARY SIGNS ..39 A. Development Signs 40 B. Real Estate Sign 41 C. Promotional Signage 41 Attachment- Illustration 2-1 Sign Sight(Visibility) Triangle Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 7 549364.v1 SECTION 1: INTENT A. Signs are an important component of the urban built environment, providing important information, and directions to community residents and visitors. However: 1. The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the City's transportation network; and 2. Unless the location, number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and 3. The proliferation of signs in the City has an adverse affect on adjacent property values; and 4. The orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City. B. Therefore it is the intent of these regulations: 1. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; 2. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; 3. To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; 4. To enhance the image of the City which is conveyed to tourists and visitors by controlling the location, number, and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and Ordinance No.2009-21 Repealing Ordinance No.2008-33 Establishing Sign Regulations Page 8 549364.v1 6. To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight. SECTION 2: DEFINITIONS Alter means to change the size, shape or outline, or type of sign or to change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel. Attach means to stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or otherwise mark on an object. Awning means an architectural projection that provides weather protection, identity and decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials, and may be illuminated. Banner means a sign composed of cloth, plastic, paper, canvas or other light fabric. Building means a structure which has a roof supported by columns, wall or air for the shelter, support, or enclosure of persons, animal or chattel. Building Official means the building official for the City of Wylie or his/her designee. Canopy means a roof-like structure which shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: a. Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or b. Where the structural support or frame or sign panels are visibly bent, broken, dented, or torn as to constitute an unsightly, hazardous or harmful condition; or c. Where the sign, or its elements, are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support); or d. Where the message or wording can no longer be clearly read by a person under normal viewing conditions; or e. Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 9 549364.v1 Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. Flag means a piece of fabric or other flexible material usually rectangular in shape, attached to a ground supported staff on one end, and used and commonly recognized as a symbol of a nation, state, political subdivision,business, or nonprofit entity. Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide night time viewing of, the subject matter on the sign face. Incidental means information on a sign that is incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Non-combustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature. Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind. Premises means a lot or unplatted tract, or a combination of contiguous lots and/or unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under single ownership and is reflected in the plat record of the City. Public Right-of-Way means a dedicated road or street including the easement for that road or street. Roof means any exterior surface of a structure that has a slope of less than sixty(60) degrees and shall also include the top most portion of any structure. Searchlight means an apparatus capable of projecting a beam or beams of light in excess of 1 million peak candlepower. Sign means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque, or poster visible from outside the lot on which it is located and designed to inform or attract the attention of persons not on that lot. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 10 549364.v1 Sign area means the actual area of a face of the sign, unless the sign is not of a regular (square, rectangle, triangle, and circle) shape. In the case of an irregularly-shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area." In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign, Attached means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers usable space. Neon tubing attached directly to a wall surface shall be considered a "wall sign" when forming a border for the subject matter, or when directing attention to the subject matter or when forming letters, logos, or pictorial designs. Sign, Awning means a sign attached to an Awning. Sign, Canopy means a sign attached to a Canopy. Sign, Changeable Message means a sign whose face is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of the sign or changed by electronic means. Sign, Development means a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that development,but shall not include a subdivision marketing sign. Sign, Directional means any on-site sign to direct the public to entrances, exits and services located on the property on which the sign is located. Sign, Garage sale means any on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit entity. Sign, Home Improvement means any on-site sign that displays the name of a roofing, fence, pool painting, landscape or other home improvement contractor. Sign Height means the highest elevation of any part of a sign structure measured from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer of the street or road for which the sign fronts. Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign, Institutional means a permanent on-site sign used to identify governmental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 11 549364.v1 Sign, Kiosk means a ladder-style sign with multiple panels that is installed within the public right-of-way, complies with Section 9(E), and either provides direction to Wylie residential subdivisions and/or municipal facilities or provides the public with information about upcoming city-sponsored events. To aid in the identification and location of residential subdivisions, a Kiosk Sign may include the name of a developer or homebuilder when providing directions to that developer's or homebuilder's residential subdivision. Sign, Menu Board means an on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as being a builder's or contractor's model open to the public for inspection. Sign, Movement Control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign. Movement Control Signs shall not advertise or otherwise draw attention to the premises, an individual, business, commodity, service, activity or product. Sign, Monument means any detached sign made from masonry, concrete materials, wood or plastic provided that a masonry or metal base is incorporated into the sign, with no separation between the base of the sign and grade. Sign,Nonconforming means a sign and its supporting structure which does not conform to all or part of the provisions of this Ordinance, and: 1. Was in existence and lawfully erected prior to the effective date of this Ordinance; 2. Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming there under, and has since been in continuous or regular use; or 3. Was in existence, located, and used on the premises at the time it was annexed into Wylie and has since been in regular and continuous use. Sign, Obsolete means any sign that no longer serves a bona fide use or purpose. Sign, Off-Premise means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the lot on which the sign is located. Sign, Pole means any sign erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 12 549364.v1 Sign, Political means a sign (1) relating to the election of a person to a public office, (2) relating to a political party, (3) relating to a matter to be voted upon at an election called by a public body, or(4) containing primarily a political message. Sign, Portable means a sign that is not securely connected to the ground in such a way that it can easily be moved from one location to another and is not a vehicular sign. Sign, Projecting means any sign which is attached to and supported by a building or wall and which projects outward from the building or wall, generally at a right angle. Sign, Promotional means any type of sign used for special promotions including, but not limited to, grand openings, anniversary celebrations, sales, and other such events. Promotional signs include, but are not limited to, banners, pennants, streamers, balloons, flags, bunting, inflatable signs and other similar signs. Sign, Protective means signs that identify or warn of any security devices located on the premises, including guard dogs. Sign, Reader board means any sign comprised of changeable letters that allows a change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this Ordinance. Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign, Secondary means a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building, but that does not project above the highest point of the building. Sign Sight Triangle interchangeable with Sight Visibility Triangle shall mean the triangle formed at an intersection by intersecting curb lines and a non-curb line joining the curb lines. The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive or at the intersection of two (2) (or more) public streets. The motorist's eye is assumed to be at a point fifteen (15') from the edge of the roadway. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. No sign shall be placed in or above the triangular area created by the motorist's view described by this subsection (see Illustrations 2-1). This will include those areas that may pose a pedestrian safety concern as determined by the City of Wylie. Sign, Subdivision Entry means any permanent on-site sign identifying a subdivision located in a residential zoning district. Sign, Temporary Religious means a sign that advertises the name of and provides direction to a religious organization or group that is temporarily operating in a school or other facility. Ordinance No. 2009-21 Repealing Ordinance No.2008-33 Establishing Sign Regulations Page 13 549364.v 1 Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs being transported to a site for permanent erection. Sign, Window means any sign, banner, poster or display located on the internal or external surface of the window of any establishment for the purpose of advertising services, products or sales available within such establishment or which announces the opening of such establishment. Sign, Yard means any sign that publicizes the arrival of a newborn, a birthday, a personal special event or the participation of a family member in a school activity or sport. Yard signs shall also include signs that advertise the presence of a home security system. Sign, Zoning means any sign provided by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. Sign Contractor means a General Contractor. Sign Setback means the horizontal distance between a sign and the front or side property line, as measured from that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane projecting vertically from the front or side property line. Sign Support means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch (1") in height, nor is internally or decoratively illuminated. Sign Width means the widest dimension determined by the largest measurement of all supports, projections or any part of a sign structure on any horizontal plane. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning District, Non-Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF-8.5/17, TH/15, MF, and MH. SECTION 3: ADMINISTRATION The provisions of this Ordinance shall be administered by the Building Official. Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 14 549364.v1 A. Permits 1. Permit Required: In addition to the other permitting requirements set forth in this Ordinance, no person shall erect, construct, relocate, alter, repair or maintain any of the following type of signs unless a permit has been issued by the City of Wylie and the fee paid for such erection, construction, relocation, alteration, repair, or maintenance of such sign: a. Awning Signs b. Canopy Signs c. Changeable Message Signs d. Directory Signs e. Institutional Signs f. Menu Board Signs g. Movement Control Signs h. Monument Signs i. Nonconforming Signs (for relocation, alteration, and/or repair only) j. Projecting Signs k. Reader board Signs 1. Secondary Signs m. Subdivision Entry Signs 2. Permit Fees and Sign Contractors. Permit fees are contained in Appendix C of the Code of Ordinances. A permit may only be issued to a Sign Contractor that carries at least three hundred thousand dollars ($300,000.00) of general liability insurance and provides evidence of such insurance coverage to the Building Official when they submit the permit application. 3. Permit Expiration: A permit for a sign shall expire if the work is not commenced within ninety (90) days from the date of issuance of such permit. 4. Electrical permit: Where signs contain electrical wiring and connections, an electrical permit must also be obtained in addition to the permit for the sign. No sign shall be erected in violation of the City's electrical code or regulations. 5. Not to Issue to Persons Previously Failing to Pay Fees: The City shall not issue a permit under the provisions of this Ordinance to any person, business, entity, organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Ordinance. 6. Easements: No sign shall be located in any easement other than a landscape easement. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 15 549364.v1 B. Applications All applications for permits shall include each of the following: 1. A completed permit application. 2. A plot plan declaring all property lines, setbacks, easements, Right of Ways, other existing signs maintained on the lot and the required distance separation to the closest monument sign in any direction scaled to linear feet. 3. A scaled drawing of the height, width and display area of the proposed sign. 4. A drawing of the lot plan or building facade indicating the proposed location of the sign, specifications, materials and landscaping plan. 5. Electrical plan and load requirements. C. Work Started Without a Permit No sign requiring a permit may be erected or installed without first having a permit. If any work for which a permit is required by this Ordinance has been commenced without first obtaining a permit the following shall apply: 1. Investigation. A special investigation to determine compliance shall be made before a permit may be issued for the work. 2. Investigation Fee. In addition to the permit fee, an investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this City. The payment of the investigation fee shall not exempt any person from compliance will all other provisions of this Ordinance nor from any other penalty prescribed by law. D. Permit Revocable 1. The City may suspend or revoke any permit issued under the provisions of this Ordinance whenever it shall be determined that the permit is issued: a. in error; or b. on the basis of incorrect or false information supplied; or c. in violation of any of the provisions of this Ordinance; or Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 16 549364.v 1 d. in violation any other Ordinance of this City or laws of this State or the Federal government. 2. The suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the sign owner, or to the property owner upon whose property the sign is located. 3. Any signs installed or existing under a revoked permit shall be removed by the permit holder, sign owner, or property owner within ten (10) days of written notice of the revocation. E. Non Conforming Signs 1. Non conforming signs in the City of Wylie shall be subject to the regulations set forth in the Wylie Building Code, as amended, except as otherwise set forth herein. 2. A nonconforming sign and/or its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent (60%) of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. Permits granted prior to the passage of this Ordinance shall be renewed only if the applicant complies with all provisions of this Ordinance. 3. A nonconforming sign or supporting structure that is lawfully repaired, reproduced, or renovated as a nonconforming sign may be increased in area or height. 4. A nonconforming sign may be relocated on the same lot or tract of land if(1) the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain; and (2) the location for which the nonconforming sign is to be relocated complies with all requirements set forth in the Wylie Code of Ordinances. 5. The material used in the repair, replacement or modification to an existing nonconforming sign must be approved by the City of Wylie Planning Department and the Building Department. Pole or stanchion supports must be designed, modified and constructed to appear as a solid base Monument Sign in accordance with this ordinance. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 17 549364.v1 F. Inspection The City may inspect annually, or at such other times as it deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the same complies with provisions of this Ordinance, is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair. G. Removal of Obsolete Signs Any sign which the City determines no longer serves a bona fide use or does not conform to this Ordinance shall be removed by the owner, agent or person having the beneficial use of the land,buildings or structure upon which the sign is located within ten(10) days after written notification to do so from the City. H. Removal or Repair of Dilapidated or Deteriorated Signs If the City shall determine that any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, he shall give written notice to the person or persons responsible for the sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten (10) days after the notice. The City may remove or have removed, without notice, and assess the owner for the costs, any sign which is an immediate peril to persons or property. Removal of Illegally Erected Signs Any temporary sign that is erected, constructed or otherwise displayed, which the City determines to be in violation of this Ordinance, may be removed by City personnel. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of the time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the property on which the sign is located within ten (10) days after the City sends written notice to remove the sign. Upon failure to comply with the notice or to file an appeal of the decision in accordance with this Ordinance, the City is authorized to cause the removal of the sign and assess the permit holder, owner of the sign and/or owner of the property on which the sign is located for all costs associated with of removal. The permit holder, owner of the sign, and the owner of the property on which the sign is located shall be jointly and severally liable for such costs. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 18 549364.v1 J. Variances 1. Variances to the provisions of this Ordinance shall be heard by the Construction Code Board. A simple majority vote of the board in favor of the variance will be required to approve any variance request. In order to approve a request for a variance, the Construction Code Board shall determine that the request meets three (3) of the following four(4) criteria: a. The proposed sign shall not adversely impact the adjacent property (visibility, size, location, etc.); b. The proposed sign does not conflict with the spirit of this Ordinance, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the City and protection of property values; c. The variance is needed due to restricted area, shape, topography or physical features that are unique to the property on which the proposed sign would be located; d. The proposed sign is of a unique design or configuration. 2. Should the Construction Code Board deny a request for a variance, the applicant may appeal the request to the City Council, provided that, such appeal is requested in writing within thirty (30) days of the date the Construction Code Board denied the variance. A vote of three-fourths (3/4) of the full membership of the City Council is required to approve the appeal. The decision of the City Council is final. 3. A variance from this Ordinance is valid only if a permit is secured within ninety(90) days from the date of the Board's or the Council's decision. 4. Each applicant shall pay a fee of one-hundred fifty dollars ($150.00) before the Construction Code Board shall hear any variance request. Exception: No variance fee shall be required for any variance requested by any applicant that the Building Official determines to be a bona fide non-profit organization. 5. All variance requests shall be made in writing to the Building Official. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 19 549364.v1 SECTION 4: PROHIBITED SIGNS Any sign which is not specifically allowed by this Ordinance shall be prohibited. In addition, the following types of signs are expressly prohibited within the City of Wylie: A. Signs Imitating Traffic or Emergency Signs Signs may not contain any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals. B. Portable Signs Portable signs, unless specifically allowed by this Ordinance. C. Signs Violating other Laws or Ordinances Signs erected in violation of any ordinance adopted by the City of Wylie or any state or federal law. (e.g. traffic visibility requirements, zoning, building code, or electrical code). D. Signs Attached to Trees or Utility Poles Signs attached to, painted or maintained upon any tree or public utility pole or public utility structure. E. Signs on Sidewalks, Curbs, Gutters or Streets Signs attached to or painted on any sidewalk, curb, gutter, or street (except street address numbers). F. Moving, Flashing, Revolving or Color Changing Signs Signs that move, flash light intermittently, change color or revolve, unless specifically allowed in this Ordinance. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 20 549364.v1 G. Pole Signs Pole signs and flag poles unless specifically allowed by this Ordinance in Sections 3: E, 6:A. and 10. H. Off-Premise Signs Off-Premise signs, unless specifically allowed by this Ordinance. I. Signs Attached to or Painted on a Fence,Wall or Railing Signs attached to or painted on the outside of a fence, wall or railing, unless specifically allowed by this Ordinance. Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed one and one-half (11/2') square feet. J. Signs Causing a Nuisance or Hazard Because of Illumination Signs illuminated to intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. K. Signs Advertising the Sale of a Vehicle Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way. Vehicles legally parked at one location, with for sale signs visible from the right-of-way for two (2) hours or more, shall be prima facie evidence of non-compliance with this Section. Exception: A maximum of two (2) vehicles may be parked at the vehicle owner's residence or on the street adjacent to the residence advertising, the sale of the vehicles provided that the vehicles are registered to the person residing at the residence. L. Signs Attached to a Vehicle Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 21 549364.v 1 right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. SECTION 5: EXEMPT SIGNS A permit shall not be required for the following signs, provided however, such signs shall otherwise comply with all other applicable sections of this Ordinance. A. Nameplates Nameplates, or signs reflecting the name of a building or structure (i.e., a fence) or the name of the company that built or designed the building or structure, not exceeding one (1) square foot in area. B. Building Identification/Memorial A memorial sign, plaque or tablets identifying the names of buildings, sponsors and date of construction may be cut into a masonry surface or constructed of bronze or other noncombustible materials. C. Traffic Traffic or street signs, legal notices, railroad crossing signs, danger, and emergency, temporary or non-advertising signs as may be approved by the City Council or the City Manager or his authorized representative. D. Signs Inside a Building Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code. E. Changeable Copy Copy change only for previously permitted signs designed to provide a changeable copy area. Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 22 549364.v1 F. Movement Control Signs Movement Control Signs may be erected at any occupancy or any lot, other than single family or duplex premises, may be attached or detached and may be erected without limits as to number; provided that such signs shall comply with all other applicable regulations of this Ordinance. Movement Control Signs shall be premise signs only. The occupant of a premise who erects a Movement Control Sign shall comply with the following regulations: 1. Each sign must not exceed five(5') square feet in effective area. 2. If a sign is an attached sign, as defined, the words must not exceed six (6") inches in height. 3. Each sign must convey a bona fide message which directs vehicular or pedestrian movement within or onto the lot on which the sign is located. G. Protective Signs The occupant of a premise may erect a maximum of two (2) Protective Signs, in accordance with the following regulations: 2. Each sign must not exceed six (6') square feet in effective area. 3. Detached signs must not exceed three(3') feet in height. H. Government Signs Flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. I. Holiday Lights and Decorations Temporary lights and holiday decorations with electrical connections displayed ninety (90) days or less must be listed by a recognized listing agency, but otherwise shall be exempt from the terms of this ordinance. J. Political Signs Political signs that: Ordinance No. 2009-21 Repealing Ordinance No.2008-33 Establishing Sign Regulations Page 23 549364.v1 1. Are on private real property with consent of the property owner; and 2. Are not greater than thirty-six (36') square feet; and 3. Are not taller than eight (8') feet measured from the ground to the highest point of the sign; and 4. Are not illuminated; and 5. Do not have any moving elements or parts. A sign not meeting each of the above requirements or containing primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political is not exempt from the requirements of obtaining a permit, assuming the sign is otherwise allowed by this Ordinance. K. Special Event or Public Announcement Signs Signs providing public information concerning special events, bazaars, rallies, or other similar activities sponsored by non-profit organizations including charitable, religious, philanthropic, educational, or civic institutions with the following regulations: 1. Signs must be located on private property and the organization must have permission from the property owner to place the sign on their property. (Signs of this type can be off-premise signs and are exempt from Section 4.H. 2. The maximum sign area is thirty-two (32') square feet. 3. The maximum height is six (6') feet. 4. A maximum of six (6) off-premise signs may be located in the City at a given time advertising the non-profit organization function. 5. The advertised function must occur within the corporate limits of the City of Wylie, it's ETJ, or an adjacent municipality and be sponsored by a non-profit organization located within the City of Wylie. 6. Signs shall not be located on a residential premise. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 24 549364.v1 L. Garage Sale Signs 1. Garage sale signs shall not be erected earlier than two (2) days prior to the sale and must be removed immediately after the sale but in no case longer than one(1) day following the sale. 2. Garage sale signs shall be located only on private property with the consent of the property owner. 3. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 4. Garage sale signs shall not exceed six (6') square feet in area. M. Home Improvement Signs 1. Home improvement signs may be erected that display the name of a roofing, fence, pool, landscape or other home improvement contractor currently providing such services on the premises. 2. A home improvement sign is allowed only on the lot on which the improvement is occurring. 3. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 4. The home improvement sign must be removed thirty (30) days after it is erected or upon the completion of the work, whichever occurs first. 5. Home improvement signs shall not exceed six (6') square feet in area. 6. A maximum of one home improvement sign shall be allowed on the lot at any one time. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 25 549364.v 1 N. Temporary Religious Signs 1. Temporary religious signs may be erected during times of worship provided the sign is placed no earlier than two (2) hours prior to worship and is removed no later than two (2)hours after worship. 2. Signs shall be located only on private property with the consent of the property owner. 3. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 4. Signs shall not exceed thirty-six (36') square feet in area. O. Yard Signs 1. Signs shall be located only on lots containing an occupied single-family, two (2) family or multi-family dwelling. 2. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 3. Signs shall not exceed six (6') square feet in area. P. Zoning Signs 1. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 2. Signs shall not exceed six (6') square feet in area. Q. Signs Held by Pedestrians Any sign held or carried by a person for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity or product, or a person dressed in a costume for such purposes, must be located at least six (6') feet from the street pavement of any right-of-way, and located on the Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 26 549364.v1 property where the event, activity or thing that the sign advertises or draws attention to occurs or is located. SECTION 6: GENERAL SIGN REGULATIONS A. Flags 1. All flags shall comply with Title 4 of the U.S. Code, when applicable. 2. Flag poles must be located at least fifteen(15') feet from any property line. 3. The maximum height of a flag on a lot with a residential use is twenty-five (25') feet. The maximum height of a flag on a lot with a non-residential use is thirty-five (35') feet. 4. No flag or flag pole may be located within any governmental or utility easement. 5. A businesses or nonprofit entity may erect a maximum of three flags per tract of land, only one of which may include the flag for the business and/or nonprofit entity. A flag showing the emblem or logo of a business or nonprofit entity must be located on the same tract of land as that business or nonprofit entity. No flag shall show the emblem or logo of a business or nonprofit entity that is located on a separate tract of land. B. Obscenity No person shall display on any sign any obscene matter as defined by Section 43.32(a) (1), Texas Penal Code, as amended, or any matter soliciting or promoting unlawful conduct. Any sign which contains obscene matter must be removed within twenty-four (24) hours of notice. The owner or person in control of the property on which the sign is located shall be responsible for compliance with this Section. C. Obsolete Signs All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after over painting. The owner of the property on which the sign is located shall be responsible for removal of the sign within thirty (30) days of obsolescence. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 27 549364.v1 D. Maintenance of Signs All signs shall be maintained in good condition. Signs which are damaged in any way, rusty or have peeling paint do not meet minimum maintenance criteria and shall be brought into compliance, or the sign must be removed, no later than the tenth (10th) day after written notice of such violation is sent to the property owner, permit holder or person in control of the property, via certified mail. The owner of the property, permit holder or person in control of the property on which the sign is located shall be jointly and severally responsible for compliance with this subsection. E. Wind Pressure and Dead Load Requirements All signs shall be designed in accordance with all of the following requirements; set forth in Section 8 Table B-1, Building Code Exposure Category C, constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and shall be constructed to receive the minimum dead loads as required by the Building Code and regulations of the City of Wylie. F. Obstructing Doors,Windows, or Fire Escapes It shall be unlawful to erect, relocate, or maintain a sign in any manner that prevents free ingress to or egress from any door, window or fire escape, or to attach any sign to a standpipe or fire escape. G. Placement of Advertising Matter 1. No person shall place on or suspend from any building, light fixture, pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this Ordinance, except as otherwise allowed by this Ordinance or another ordinance. 2. No person, firm, corporation or association of persons shall paste, stick, tack, nail or otherwise place any advertisement, handbill, placard, printed, pictured or written matter or thing for political advertising or other advertising purposes upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon or to knowingly cause or to permit the same to be done for his benefit. 3. It shall be unlawful for any person to scatter or throw any handbills, circulars, cards, tear sheets or any other advertising device of any description, along or upon any street or sidewalk in the City of Wylie. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 28 549364.v 1 H. Signs Prohibited On or Over Public Property Except as otherwise provided for in this ordinance, no portion of any sign shall be erected on or over public property, or in the right-of-way of any thoroughfare within the City, except for Projecting Signs in the Downtown Historic District meeting regulations in Section 5.P and Section 8.F in this Ordinance. Signs violating this provision shall be considered illegal signs and may be removed and disposed of by the City in accordance with this Ordinance. I. Illumination of Signs 1. No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. 2. Moving, flashing, changing color, beacons, revolving or similarly constructed signs shall not be allowed, except for electronic signs showing time and temperature. 3. Sign illumination may only alternate on and off at a rate equal to or less than twelve(12) times in an hour, excluding time and temperature signs. 4. A sign in a residential district, where allowed by this Ordinance, may be illuminated. Any illumination shall be located so as not to produce intense glare or direct illumination across the bounding property line. Internal illumination shall not exceed forty (40) watts per every twenty-five (25') square feet or any portion thereof of the sign face. J. Searchlights Searchlights may be permitted in accordance with any applicable regulations. A permit for use of an advertising searchlight may be granted under the following additional regulations: 1. A searchlight shall be located a minimum distance of fifty (50') feet from a public right-of-way and positioned so as to project all beams at a minimum angle of thirty(30) degrees from grade level. 2. The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foot candlepower. No more than four (4) beams of light may be projected from any premises. 3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the rights-of-way or adjoining Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 29 549364.v1 property, and no light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle, or to create greater than 0.5 foot candles at four(4') feet height at the property line. 4. No advertising searchlight may be operated between the hours of 11:00 p.m. and 7:00 a.m. 5. No advertising searchlight may be operated on a premise for more than seven consecutive days. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six (6) months preceding the date of the permit application. SECTION 7: ATTACHED SIGN REGULATIONS Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance. A. Wall Signs 1. Where Allowed. Wall signs shall be limited to buildings located in a nonresidential zoning district or to churches, apartments, schools and other nonresidential uses, with the exception of model homes, located within a residentially zoned district. 2. Installation Requirements. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen (18") inches from that surface, except for Projecting signs as allowed in Section 7.F. Wall signs shall not extend above the wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs, but only as Promotional Signs as allowed in Section 10.C. 3. Maximum Sign Area Wall signs shall not exceed the following area schedules: a. An attached sign located at a height of twenty-six (26') feet or less is limited to one (1') square foot of sign area for each linear foot of building frontage for a single tenant building, or lease space frontage in a multiple tenant building, not to exceed four hundred fifty(450') square feet. b. An attached sign located above a height of twenty-six (26') feet shall be permitted an increase in maximum effective area. Such increases shall not Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 30 549364.v1 exceed four (4') square feet in effective area for each additional one foot (1') of height above twenty-six (26') feet measured from the base of the sign. Signs may be increased hereunder to a maximum size of six hundred (600') square feet. c. Attached signs may be located on any facade except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district. d. The sum of the effective area of all attached signs shall not exceed the allowable effective area specified in paragraphs (a) or (b) above, whichever paragraph is applicable. Signs on a single façade shall not exceed the sign area allowed in paragraph (a) above. B. Signs attached to a Building(s) No portion of any type or style of a sign will be allowed to project above the vertical plane of the exterior wall, parapet, mansard or the fascia panels of a canopy upon which they are attached. C. Illumination of Attached Signs Attached Signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. D. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations: 1. Window Signs must not obscure more than twenty-five (25%) percent of the window area per facade. 2. The sign area shall be measured by drawing a rectangular or square box around the sign elements, then multiplying the height by the width. For signs whose shape is irregular, the box must enclose all elements of the sign. 3. No illuminated Window Signs shall be allowed within two (2') feet of the window surface, except for open/ closed signs. E. Awning Signs Awning Signs must meet the following regulations: Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 31 549364.v1 1. An Awning may extend the full length of the wall of the building to which it is attached and shall be no more than six (6') feet in height and shall not be placed less than eight(8') feet above the sidewalk. 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed twenty (20%) percent of the area of the Awning and shall extend for no more than sixty (60%) percent of the length of the Awning. F. Projecting Signs 1. Signs shall be constructed of noncombustible material. 2. Signs shall not project more than three (3') feet, measured from the building face and shall not be closer than two (2') feet from the back of the curb line. 3. Signs shall be at least eight (8') feet above the sidewalk. 4. Signs may be illuminated in conformance with this Ordinance or other applicable City regulations. 5. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 6. Signs shall not exceed sixteen (16') square feet per sign face. G. Canopy Sign Canopy Signs must meet the following regulations: 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten (10%) percent of the face of the canopy, or a maximum of twenty-five (25') square feet, whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 32 549364.v1 thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. H. Electrical Signs Every sign with any type of electrical connection must be recognized by an approved listing agency with a permanent label properly affixed or be designed and assembled by a state licensed Master or Sign Electrician registered with the City of Wylie. An electrical permit and approved inspection are required prior to the erection or attachment to the permanent structure. SECTION 8: MONUMENT SIGN REGULATIONS A. General Requirements. 1) All Monument Signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign. Sculpted aluminum sign panels and plastic panel signs are allowed to be utilized on Monument Signs. 2) No sign shall be installed in such a way as to obstruct a motorist's view of oncoming traffic when stopped at an exiting drive or at the intersection of two (2) (or more) public streets. The motorist's eye is assumed to be at a point fifteen (15') feet from a point determined by the intersecting curb lines or the edge of the roadway whichever is more stringent. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. This shall be applied to all public and private approaches affected. See Illustration 2-1. 3) No sign shall be placed in or extend beyond the vertical plane of a property line, public street, sidewalk, easement or right-of-way. 4) A monument sign must be separated by at least one hundred (100') feet from any other monument sign on the same property, measured along the right-of-way. 5) Changeable message signs. Monument signs shall include a maximum area of thirty-two (32') square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, or scroll. Changeable message signs are allowed to change their message a maximum of once every eight seconds. 6) Street addresses. On-premises signs shall display the street addresses of the business location it advertises in numbers at least five (5) inches high on each monument sign in legible form within forty (40') feet of the nearest public roadway. Such numbers shall increase one (1) inch in height for each additional forty (40') feet, or fractional part thereof, the sign is located from such roadway and utilize contrasting colors) Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 33 549364.v1 7) Every sign with any type of electrical connection must be listed by a recognized listing agency with a permanent label properly affixed. 8) Properties with Single Tenants. Businesses located on individually platted land including individual pad sites within a shopping center, apartments, schools, model homes and other nonresidential uses located on residentially zoned property are permitted to erect monument signs that comply with the following regulations: a. Maximum Display Area allowance is Ninety(90') square feet. b. Maximum Height is Twelve (12') feet. c. Maximum Width is Eight (8') feet. 9) Properties with Multiple Tenants. Multiple business signs (MBS) advertising multiple business in a common center(s) shall observe the following specific rules and regulations as identified in Table B-1, in addition to all other regulations herein contained. Shopping centers and/or office complexes with multiple tenants are permitted to erect monument signs that comply with the following regulations: a. A multiple business sign shall not be erected, constructed, or maintained within one hundred (100') feet of any other sign except for signs on the buildings of the businesses advertised on the multiple business sign and traffic, street or directional signs. b. There may be more than one (1) multiple business signs on each street frontage. The minimum distance between each such multiple business sign shall be in compliance the requirements of Table B-1. c. A multiple business center (MBC) with less than one hundred (100') feet of street frontage shall be permitted no more than one(1) multiple business sign. d. Maximum size shall be in compliance the requirements of Table B-1. e. Maximum height shall be in compliance the requirements of Table B-1. TABLE INSET B-1 Number of Maximum Maximum Display Minimum Minimum Tennant Allowable Allowable Area Max Distance Wind Load Spaces* Height Width Between Design MBS Speed ** 2-4 14 feet 12 feet 128 feet 100 feet 100 MPH 5-8 16 feet 12 feet 160 feet 100 feet 100 MPH Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 34 549364.v 1 9-12 19 feet 14 feet 216 feet 300 feet 110 MPH 13-16 25 feet 16 feet 320 feet 300 feet 110 MPH * The minimum dimension allowance of any business or otherwise tenant space shall not be less than thirty (30') linear feet in width as measured along the display or advertised frontage of any building, space or structure. In no case will this consideration take precedence over any zoning building and/or fire code requirements or amendments through adoption by the City of Wylie. ** The Minimum Wind Load Design Speed shall be designed and engineered to Wind Exposure Category C or better and bear the stamp of a Professional Structural Engineer legally licensed by the state of Texas. B. Fuel Pricing Signs A Fuel Pricing Sign must be integral to the permitted sign for the site and shall satisfy the following additional requirements: a. The Fuel Pricing Sign shall only reflect the most current price of fuel available for purchase at that location and must be a Monument Sign. b. The pricing display may not scroll, flash, or change more frequently than twice a day. c. The overall sign dimension shall be in compliance with Table B-1, must comply with all other regulations and the pricing display may not exceed two-thirds of the gross sign area per sign face. d. Only one pricing display is allowed per site. e. Internal illumination may be used for the pricing display. f. Changeable reader boards of a manual type may be used if proper design is employed to keep the changeable panels safely in place at the minimum wind load design speed in compliance with Table B-1. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 35 549364.v1 C. Material Regulations All Monument Sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick. The Sign Support must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum or plastic sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six (6") inches from the outer limits of the sign structure. D. Illumination Monument Signs may be illuminated by a ground lighting source where the light itself and supporting structure are screened from the public right-of-way. Ground lighting must be of one constant color and not pose a traffic concern as determined by the City of Wylie. Signs may be back lit using internal lighting. SECTION 9: OTHER TYPES OF SIGNS This Section provides standards for specific types of permanent signs permitted by this Ordinance. A. Menu Board Signs Menu Board Signs must meet the following regulations: 1. Menu Board Signs may be Attached or Monument Signs. 2. The maximum height is six (6') feet. 3. The maximum sign area is twenty-four(24') square feet. Only one sign face is allowed per sign, but may be compartmentalized to appear as only one sign panel face assembly. 4. All Menu Board Signs shall be located at the side or rear of the principal building. If two signs are erected they must be at least twelve (12') feet apart. 5. Internal illumination may be utilized for the sign panel. 6. Any sign must be located at least fifteen (15') feet from any property line. B. Subdivision Entry Signs Subdivision Entry Signs must meet the following regulations: 1. Comply with the General Requirements of Monument Signs. Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 36 549364.v1 2. May not exceed seven (7') feet in height from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer. 3. Subdivision Entry Signs may be attached to a wall at the subdivision entrance or installed as a Monument Sign. 4. Attached Signs may not project above the top of the wall on which they are attached. 5. The maximum sign area is thirty-two (32') square feet for Attached Signs. 6. Only one (1) Monument Sign or two (2) attached signs may be placed at each subdivision entrance. A Monument Sign may have the subdivision name on both sides. 7. Monument Signs may be located in the median at the street entrance if approved by the City in an approved plat, within a developer's agreement, or by separate approval of Planning and Zoning Commission. C. Directory Signs Directory signs must meet the following regulations: 1. Directory Signs may be either Attached or Monument Signs. 2. Directory Signs must be located a safe distance from the entry drive and the public right-of-way as determined by the City's Engineer. 3. Only one Directory Sign is allowed per street entrance. D. Institutional Signs Institutional Signs must meet the following regulations: 1. Institutional Signs may be Attached and/or Monument Signs. 2. Institutional Signs may include a reader board, subject to the following limitations: a. Reader board must be integral to the permitted sign for the site; b. Messages on the reader board, whether electronic or manual, may not scroll, flash, or change more frequently than once a day; Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 37 549364.v1 c. Manual reader boards using movable lettering must have a lockable covering; d. The reader board display cannot exceed two-thirds of the gross sign area per sign face, excluding a Monument Sign border. e. Internal illumination may be utilized for the reader board sign panel. E. Kiosk Signs Kiosk Signs must meet the following regulations: 1. Procedures for Installing a Kiosk Sign a. Kiosk signs may only be installed pursuant to an executed concession contract approved by City Council. This concession contract shall grant a person or company (the "Concessionaire") the right to design, erect, and maintain Kiosk Signs within Wylie and administer the Kiosk program as set forth by that concession contract. b. Once a concession contract is approved by City Council, the Concessionaire shall submit a map, elevations, and any other documentation deemed necessary by city staff, showing the location and design of the proposed Kiosk Signs to the Director of Planning, Building Official, and the Director of Public Works. Upon review of the map, elevations, and any other applicable documentation, the Director of Planning, Building Official, and Director of Public Works shall make a recommendation to City Council as to whether the location and design of the proposed Kiosk Signs should be approved, denied, or modified. c. City Council may approve, deny, or approve with modifications the location and design of the proposed Kiosk Signs as shown on the map, elevations, and other applicable documentation. Modifications include, but are not limited to, modifications to the color of, or materials used in, the sign panels. No party may erect a Kiosk Sign without City Council approval of the location and design of the kiosks. d. The Concessionaire must comply with all permitting requirements set forth in this Ordinance. 2. Location of Kiosk Signs. Although the City Council has the authority to determine where Kiosk Signs may be located, locations must at least meet the following criteria: Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 38 549364.v1 a. The location of Kiosk Signs must not create traffic hazards. The obstruction of the visibility of motorists, pedestrians, or traffic control signs will constitute a type of traffic hazard. Wylie's Engineering Division shall review the location of each proposed Kiosk Sign. A Kiosk Sign shall not be installed if Wylie's Engineering Division determines that the location of the proposed sign would create a traffic hazard. b. The location of Kiosk Signs must not interfere with the general use of and handicap accessibility of sidewalks, walkways, bike, and hiking trails. c. The location of Kiosk Signs must not interfere with any public utilities or be located in a utility easement. d. Kiosk Signs must not be located within a sight visibility triangle. e. Kiosk Signs must not be placed adjacent to a lot with a residential use without the prior written consent of the owner(s) of that lot as shown on the most current tax roles. Proof of prior written consent must be attached to the Concessionaire's permit application. If a residential use is placed on a lot adjacent to a pre-existing Kiosk Sign, no written consent is necessary for that Kiosk Sign to remain. f. A Kiosk Sign must be located at least one-hundred (100') feet from all other Kiosk Signs. g. Kiosk Signs must not be located within a median. h. Kiosk Signs must be located at least five (5') feet from the edge of curb or pavement line, which includes improved surfaces and shoulders. 3. Design of Kiosk Signs. Although City Council has the authority to determine which designs are appropriate, designs must at least meet the following criteria: a. At least one sign panel on each Kiosk Sign must provide directions to a municipal facility or provide information about an upcoming city- sponsored event. b. Kiosk Signs may not exceed twelve (12') feet in height and four (4') feet in width. c. Kiosk Signs must include breakaway design features as required by the Texas Department of Transportation's Sign Mounting Details for Roadside Signs. Break-away fittings must be installed below grade or Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 39 549364.v1 concealed from public view in another manner approved by City Council through the Building Inspections Department. d. The font and color of the Kiosk Signs must be uniform throughout the entire sign. e. Kiosk signs shall not be illuminated. f. There must be an identification panel at the top of each Kiosk Sign that displays only the name and official logo of the city. g. No signs, pennants, flags, streamers, balloons or other devices or appurtenances used for visual attention may be attached to Kiosk Signs. 4. Variances to Kiosk Sign Regulations. No person or party may obtain a variance to the Kiosk Sign procedures or regulations set forth in this Ordinance. SECTION 10: REGULATIONS FOR TEMPORARY SIGNS A. Development Signs 1. Development Signs are allowed subject to the following regulations. 2. Development Signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts. 3. Development Signs must be related only to the property on which they are located. They may be Monument or Pole Signs provided that a minimum of two vertical sign supports are utilized. 4. Maximum height of a Development Sign shall be fifteen(15') feet. 5. The required setback shall be ten (10') feet from the front property line and ten (10') feet from the side property line. 6. The maximum sign area per sign face shall not exceed sixty(60') square feet. 7. Each development site may have one such sign for each fifty (50') acres, or any portion thereof, under active development. 8. A Development Sign must be removed when the project is ninety (90%) percent complete. In the case of a commercial project, ninety (90%) percent complete means when a certificate of occupancy is issued for a shell building. Ordinance No. 2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 40 549364.v 1 For a residential project, ninety (90%) percent complete means when ninety (90%)percent of the lots in the subdivision have received building permits. B. Real Estate Sign Real Estate Signs are subject to the following regulations: 1. Real Estate Signs may be erected in nonresidential and residential zoning districts and shall not require a permit. 2. Real Estate Signs may be Attached, Monument or Ground Signs. 3. The maximum sign area shall not exceed nine (9') square feet and a maximum height of four (4') feet for property located in a Residential Zoning District. Signs located in a Non-Residential Zoning District shall not exceed thirty-two (32') square feet in sign area and ten (10') feet in height. 4. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 5. No more than one sign shall be located for every two (2) acres in a tract of land or portion thereof and must be related only to the property on which they are located. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. C. Promotional Signage Businesses that erect signs under the provisions of this Section shall not display a sign that states "Going out of Business", "Quitting Business" or similar message more than one time. Promotional Signs are subject to the following regulations: 1. All Promotional Signage requires a permit. A maximum of two (2) permits are allowed for each calendar year. A separate permit is required for each two- week period Promotional Signage will be used. Promotional signs will be considered as a group and not as each individual sign, streamer,banner, etc. 2. Promotional Signage may include flags, pennants, streamers, balloons, inflatable signs, and any legal signs allowed by this Ordinance. Additionally, a maximum of two (2) banners is allowed, in addition to flags, pennants, streamers, balloons, inflatable or other promotional signage per permit. Ordinance No. 2009-21 Repealing Ordinance No.2008-33 Establishing Sign Regulations Page 41 549364.v1 3. Promotional Signage is allowed for two, two-week periods each calendar year per legal business subject to the following: a. A two (2) week period will commence on the first day Promotional Signage is displayed. b. The two (2) week periods shall not occur in the same or consecutive months. c. A legal business shall include any commercial, industrial, or institutional use for which the building inspection department has issued a certificate of occupancy. d. In the case of a special promotion for a grand opening celebration, one period may be extended to a three (3) week period provided the promotion commences within the first three (3) months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. EXCEPTION: A business that is in its initial year of operation is allowed to extend the time promotional signs are displayed, one time, from two weeks to thirty(30) days. 4. Any device described as Promotional Signage shall not exceed an overall height of forty(40') feet measured from ground. 5. The setbacks are a minimum of fifteen (15') feet from street Right of Way and a minimum of forty (40') feet from property lines other than those property lines fronting the street Right of Way. Ordinance No.2009-21 Repealing Ordinance No. 2008-33 Establishing Sign Regulations Page 42 549364.v1 W C N 7. < 0 �UQ c7.) z Vl Q O cri• W O P:) n CD CD i1 zkJ s• N O O W I 0 X SPEED LIMIT I ide.#.41*# If 1 r ,..."' I [ 500 i a3QWM tr744 I 55 tifi4 co W ILLUSTRATION 2-1 SIGN SIGHT TRIANGLE