05-08-2001 (City Council) Agenda Packet NOTICE OF MEETING REMINDER:
Board& Commission
WYLIE CITY COUNCIL AGENDA Applicant's Reception
4:30 p.m. —6:00 p.m.
Tuesday, May 8, 2001
6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
Wylie,Texas 75098
Action Taken
Rev. John Thornton,Wylie United Methodist Church
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A. Approval of the Minutes from the April 24, 2001.
Approval of Ordinances
1. Consider and act upon repealing Wylie Ordinance Nos. 82-23, 93-17 and 95-26 and
establishing an ordinance to provide regulations for the provision of wrecker service
to the City of Wylie.
2. Consider and act upon an Ordinance establishing a license agreement with Aerie
Network Services, Inc.
Board Appointment
3. Consider and act upon appointment of a board of director to the North Texas
Municipal Water District Board.
Planning Items—Public Hearings
4. Hold a public hearing to consider and act upon approval of a request for a change in
zoning from Agriculture (A) District to Planned Development(PD) District for Single
Family Residential uses, generally located west of Country Club Road (FM 1378) and
north of McMillen Road(CR 298), being a 99.814 acre tract of land conveyed by deed
from Plano-Wylie Road Limited to Frederick Veninga, trustee as recorded in Volume
8783, Page 628 of the Collin County Deed Records, and being situated in the William
Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning
Case 2001-02)
Planning Items—Public Hearings—continued
5. Hold a public hearing to consider and act upon approval of a request for a Specific
Use Permit for a Commercial Amusement/Indoor, located at 600 North State Highway
78, being a 0.0413 acre portion of Lots IA and 2A, Block B of the Railroad Addition,
City of Wylie, Collin County, Texas. (Zoning Case 2001-03)
Planning Item—Final Plat
6. Consider and act upon a Final Plat for the Cascades Apartments Wylie Addition,
generally located east of Country Club Road (FM 1378) and south of Parker Road
(FM 2514), being all of a certain 12.02 acre tract situated in the James McUlmurry
Survey, Abstract No. 629, City of Wylie, Collin County, Texas, and being a portion of
The Cascade Companies, L.L.C. tract as described in Volume 4607, Page 1881 of the
Deed Records of Collin County, Texas.
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In addition to any specifically identified Executive Sessions, Council may convene into Executive
Session at any point during the open meeting to discuss any item posted on this agenda. The Open
Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to
convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this day of ,2001 at 5:00 p.m.
as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriat
news media was contacted. This agenda is also posted to the City of Wylie Website at www.ci.wy-lie.tx.tts
City Secretary Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees
must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TDD 972/442-8170.
Page 2 of 2
MINUTES
Wylie City Council
Tuesday, May 8, 2001
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue,
Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director; Claude Thompson, Planner; Chris Holsted, City Engineer; Mike Sferra, Director of
Development Services and Barbara Salinas, City Secretary.
Rev. Mona Bailey, Corinth Presbyterian Church,gave the Invocation and Councilman Trout was asked to lead the
Pledge of Allegiance.
Mid-Year Budget FY2000-2001
Mr. Brady Snellgrove, Finance Director provided the presentation on the Mid-Year Budget Amendments. It was
clarified that the funding for the amendments were previously approved by Council, however, there were some
items that were new requests, specifically within Development Services, Library overtime, to which Mr.
Snellgrove provided detailed explanation.
Mr. Dale Jackson, Building Official was present to provide more detail on the new computer system to be utilized
by the Building Inspections department. He described how the system will enhance customer service and
streamline the permitting system. Mr. Jackson stated that the time frame for operation will depend on how long it
will take to get the server built. He estimated that if it takes 3 weeks to build, they could be on line within an
additional 2-3 weeks. Mr. Jackson also offered an explanation of the personnel upgrade from Permit Clerk to
Permit Technician, stating that the position will involve more than clerical paper work and will now include the
review and approval of fence, lawn irrigation and accessory building permits. There was also some discussion
regarding the certification pay for the inspectors, Councilman Young asked that staff look also at Health
Certificate incentive.
There was some discussion regarding the requests for additional personnel during mid-year. Councilman Scott
asked that staff review their needs during the preparation of the Budget, avoiding mid-year requests. Mr. Johnson
stated that some requests were necessary due to our continued growth. Mr. Snellgrove concluded that the General
Fund remains at 14%,with 12%considered acceptable.
:
A. Approval of the Minutes from the March 26tI Special Called Meeting and the
March 27 &April 10, 2001 Regular Meetings.
Councilman Scott made a motion to approve the Minutes from the March 26th Special Called Meeting
and the March 27 and April 10, 2001 Regular Meetings. Councilman Hogue seconded the motion. A
vote was taken and the motion was approved, 7-0.
Minutes of April 24,2001
Wylie City Council
Page 1
1. Consider and act upon approval of an ordinance of the City of Wylie, Texas, establishing a
sinking fund for the funding of those certain agreements by and between the City, Collin
County and the Kansas City Southern Railway Company; providing for the levying and
collection of a sufficient tax to pay the interest on such obligation; pledging such for the
payment of said amount; containing other incidental and related matters; providing a
severability clause; repealing all conflicting ordinances; and providing an effective date.
Ms. Manson, Assistant City Manager provided Council with a brief background on the intent of the
proposed ordinance. She stated that this was necessary as a follow up to previously approved
agreements with Kansas City Southern Railway Company to create and maintain a Sinking Fund for the
debt created by the original and supplemental agreements.
Councilman Trout made a motion to approve the ordinance of the City of Wylie, Texas, establishing a
sinking fund for the funding of those certain agreements by and between the City, Collin County and the
Kansas City Southern Railway Company; providing for the levying and collection of a sufficient tax to
pay the interest on such obligation; pledging such for the payment of said amount; containing other
incidental and related matters; providing a severability clause; repealing all conflicting ordinances; and
providing an effective date. seconded the motion. A vote was taken and the
motion was approved, 7-0.
Items 2, 3, and 5 were advertised for 7:00 p.m., therefore the Mayor moved to Item 4.
4. Consider and act upon adopting the Water and Waste Water Master Plan Update.
Mr. Chris Holsted provided Council with a brief presentation of the process and intent of the Water and
Waste Water Master Plan Update.
Councilman Trout made a motion to approve the Water and Waste Water Master Plan Update.
Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 7-0.
The Mayor then moved to Item 6 on the Agenda.
6. Consider and act upon an appointment to the Planning & Zoning Commission, filling an
unexpired term.
Councilman Scott made a motion to appoint Mr. Michael Phillips to fill the unexpired term of Mr.
Phillip Trammel on the Planning and Zoning Commission, expiring July of 2002. Councilwoman Reta
Allen seconded the motion. A vote was taken and the motion was approved, 7-0.
7. Consider and act upon an appointment of an alternate member to the Zoning Board of
Adjustment.
Councilman Scott made a motion to appoint Mr. Wayne Morman to fill the unexpired term of Mr. Michael
Phillips, expiring July of 2002; and Mr. Layne LeBaron to fill the vacancy as an alternate, term expiring July of
2002. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0.
Minutes of April 24,2001
Wylie City Council
Page 2
8. Consider and act upon a waiver of alleys and a Final Plat for the Twin Lakes Phase IV
Addition, generally located south of Alanis Drive and east of South Ballard Avenue (FM
2524), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in
the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County, Texas.
Mr. Claude Thompson, Planning Director provided Council with a detailed presentation of the history of
the request for the waiver of alleys and final plat. Mr. Thompson reminded Council that at the Planning
and Zoning Meeting of April 17, 2001 the Commission voted to deny the final plat because it conflicts
with the City's alley requirements, therefore, to overturn the Commission's recommendation, a 3/4
majority vote by the Council is required. Additional considerations are that the final plat as submitted,
does not conform to the approved Preliminary Plat or to the Subdivision regulations of the City of
Wylie, both of which require alleys. Also, no documentation is available to explain why alleys were not
required in two phases that have been approved and accepted by the City.
Phase I incorporated alleys; the Preliminary Plat for Phase II, which includes the area currently under
consideration as Phase IV, was approved in 1988, but no final plats were approved and no further
development occurred at that time beyond the Phase. Another version of a Phase II Preliminary Plat for
the overall tract, very similar to the 1988 version, was approved by the Planning and Zoning
commission in January of 1998 and by the City Council in February of 1998. That 1998 Preliminary
Plat included alleys.
The Final Plat substantially conforms to the Preliminary Plat approved in 1998, except that the current
plat does not include alleys. However, two subsequent phases of the Twin Lakes Addition have been
approved and developed without the required alleys. A smaller Phase II was completed in August of
1998 and Phase III was completed in November of 2000. The infrastructure was accepted by the City
and Final Plats were filed with the County for both of the phases with no alleys. The applicant believes
that the Council specifically granted a waiver of alleys for the Final Plats of both Phase II and III, as
developed and accepted without alleys, as well as Phase IV and future Phase V. Both the applicant and
staff concur that no documentation can be provided for issuance of an alley waiver.
Ms. Brenda McDonald, representing Zena Land Development, 270 North Denton Tap Road, Ste 100,
Coppell, Texas, 75019 was present and addressed Council. Ms. McDonald provided Council with a
detailed background of the history of the property, dating back prior to 1987 when Phase I was initially
platted. Ms. McDonald stated that she felt that the existing staff views the alley waiver procedure as a
separate request. Ms. McDonald stated that if Council now required alleys, they will no longer meet the
lot depth requirements. She stated that the alley width was put this into the lots; not creating more lots,
only making larger lots and if alleys are now required, they will not meet the minimum lot size
requirement. She also added that the existing plat kept the continuity of the development. Ms.
McDonald stated that all of the engineering work has been completed based on the prior waiver which
she feels that staff and the commission both believe was not done as a separate approval. She stated that
if the waiver is not granted it would be a significant hardship on the developer at this point. As a
representative of the developer, she asked that the Council acknowledge the prior waiver without alleys.
There was some clarification for Councilman Worley as to the separation and future connection of
Phase IV and V.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or
opposition of the alley waiver and Final Plat to come forward, stating their name and address for the
record and limiting their comments to five minutes.
Minutes of April 24,2001
Wylie City Council
Page 3
Mr. Pat Difonzo,Zena Land Developer
Mr. Difonzo stated that he felt they had adhered to the requirements of the City of Wylie. He stated that
if denied, they would have to reengineer Phase IV which would mean a 2-3 month delay in the project.
Mr. Difonzo clarified for staff that he has owned the property since 1997, after Phase I was complete.
It was discussed and suggested that if the applicant chose to withdraw the request, they could readjust
the southern portion of Phase IV and present to the Planning and Zoning Commission at their next
meeting for their recommendation to Council. Mr. Difonzo again stated that City of Wylie submittal
procedures would require them to re-engineer, which could take up to six weeks.
A motion was made by Councilman Scott at 7:20 p.m. to table the item temporarily, moving to the next
agenda item for Council consideration, to return within thirty minutes for action by the Council.
Councilman Worley seconded the motion and the motion was approved, 7-0.
2. Consider and act upon an Ordinance annexing all of a certain 359.66 acre tract of land
being a part of the J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey,
Abstract No. 979; generally located on the south side of Stone Road and east of Troy Road.
Mr. Mike Sferra, Director of Development Services provided Council with a brief background on
request for annexation of the 359.99 acre tract of land.
Councilman Joel Scott made a motion to approve the ordinance annexing all of a certain 359.66 acre
tract of land being a part of the J.G. Jouett Survey, Abstract No. 475 and the Aaron West Survey,
Abstract No. 979; generally located on the south side of Stone Road and east of Troy Road.
Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0.
3. Consider and act upon an Ordinance annexing all of a certain 1.00 acre tract of land being
a part of the Francisco de la Pina Survey, Abstract No. 688; generally located on the north
side of State Highway 78.
Mr. Mike Sferra, Director of Development Services provided Council with a brief background on
request for annexation of the 1.00 acre tract of land.
Councilman Scott made a motion to approve Ordinance annexing all of a certain 1.00 acre tract of land
being a part of the Francisco de la Pina Survey, Abstract No. 688; generally located on the north side of
State Highway 78. Councilman Worley seconded the motion. A vote was taken and the motion was
approved, 7-0.
The Mayor then moved to Item 5.
5. Hold a Public Hearing to receive public input regarding the 10 year Capital Improvements
Program (2001-2010) and the Maximum Calculated Impact Fees recommended by the
Impact Fee Advisory Board Committee and consider adoption of the 10-Year Capital
Improvements Program (2001-2010) and consider and act upon an ordinance of the City
of Wylie, Texas amending the Impact Fees.
Mr. Chris Holsted, City Engineer provided Council with a brief background on the process of the 10-
Year Capital Improvements Program and the maximum calculated impact fees as recommended by the
Impact Fee Advisory Board.
Minutes of April 24,2001
Wylie City Council
Page 4
The Mayor opened the Public Hearing asking that anyone wishing to speak either in favor or opposition
of the 10 Year Capital Improvements Program (2001-2010) and the Maximum Calculated Impact Fees
to come forward, stating their name and address for the record and limiting their comments to five
minutes.
Mr. Gary Defrain, 8235 Douglas, Dallas, Texas
Mr. Defrain asked that staff clarify the application of the new fees, with regard to how it effects
developments already in the platting process. Ms. Manson stated that the ordinance states that impact
fees are paid at the time of final plat. Mr. Defrain stated that he has received correspondence during the
preliminary platting phase that indicate the existing fees. The Mayor asked that staff respond to Mr.
Defrain regarding his concerns.
Mr. Harry James,Developer, Board of Directors for the Volunteers of America & HUD.
Mr. James clarified that he was before Council as a member of the Volunteers group, one of the largest
developers of affordable housing. Mr. James asked that Council consider the effect that the proposed
impact fees will have on first time home buyers and asked that they also consider carefully when using
impact fees.
With no further comment the Mayor then closed the Public Hearing.
Councilman Trout made a motion to approve the adoption of the 10-Year Capital Improvements
Program (2001-2010) and consider and adoption of an ordinance of the City of Wylie, Texas amending
the Impact Fees. Councilman Young seconded the motion. A vote was taken and the motion was
approved, 7-0.
The Mayor then moved to Item No. 9.
9. Consider and act upon approval of an Ordinance of the City of Wylie, amending the
budget for Fiscal Year 2001, beginning October 1, 2000 and ending September 30, 2001;
repealing all conflicting ordinances; containing a severability clause and providing for an
effective date.
The amendments to the FY2000-2001 budget were discussed previously during the posted worksession.
Councilman Hogue made a motion to approve the Ordinance of the City of Wylie, amending the budget
for Fiscal Year 2001, beginning October 1, 2000 and ending September 30, 2001; repealing all
conflicting ordinances; containing a severability clause and providing for an effective date. Councilman
Trout seconded the motion. A vote was taken and the motion was approved, 7-0.
The Mayor called for a five minute recess before returning to Item 8.
A motion was made by Councilman Scott at 7:37 p.m. to remove Item 8 from the table for further discussion and
action. Councilman Hogue seconded the motion and the motion was approved,7-0.
The Public Hearing still open,Mr. Difonzo again addressed Council.
Mr.Pat Difonzo,Zena Land Developer
Mr. Difonzo stated that he felt that it would cause a hardship to change philosophy, with regard to alley
requirements, -in the middle of a development as well as hampering the interest of the community. He asked that
Council honor the prior waiver,without alleys.
Minutes of April 24,2001
Wylie City Council
Page 5
With no further comment,the Mayor then closed the Public Hearing.
A motion was made by Councilman Young to deny the waiver of alleys and a Final Plat for the Twin Lakes
Phase IV Addition, generally located south of Alanis Drive and east of South Ballard Avenue (FM
2524), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in the Allen
Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas.
Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-1.
Councilwoman Allen voting in opposition.
There were no citizens who came forward for participation.
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The captions for Ordinance Nos, 2001-16 through 2001-20 were read into the record, as required by Wylie City
Charter, Article III, Section 13-D.
With no further business to come before the Council,the meeting was adjourned.
John Mondy,Mayor
ATTEST:
Barbara A Salinas,City Secretary
Minutes of April 24,2001
Wylie City Council
Page 6
WYLIE CITY COUNCIL
AGENDA ITEM NO. I .
May 8, 2001
Issue
Consider and act upon repealing Wylie Ordinance Nos. 82-23, 93-17 and 95-26 and establishing an
ordinance to provide regulations for the provision of wrecker service to the City of Wylie.
Background
The proposed ordinance will allow the City of Wylie to contract wrecker service in a competitive bid
process. Advantages of contracting wrecker service include:
*It will generate a small amount of revenue for the city.
•It gives staff more flexibility in dealing with quality of service issues.
*Allows for changing and adapting service levels, standards, and specifications without having
to re-write the ordinance every time
•We are likely to receive free towing of City vehicles as part of the contract.
Financial Considerations
The contract should generate revenue for the City, however it is impossible to know how much until the
bidding process.
Other Considerations
Other cities and counties have successfully bid and contracted wrecker service. It is a common practice
among cities. The solicitation of competitive proposals and the recommended contract award comply
with Chapter 252.021 of the Local government Code.
Board/Commission Recommendations
None
Staff Recommendations
Repeal Ordinance Nos. 82-23, 93-17 and 95-26 and approve the proposed wrecker service ordinance.
Attachments
Proposed ordinance
Prepared by evie by Finance City Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING
WYLIE ORDINANCE NOS. 82-23, 93-17 AND 95-26; ESTABLISHING
REGULATIONS FOR THE PROVISION OF WRECKER SERVICES TO
THE CITY OF WYLIE, TEXAS; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance Nos. 82-23, 93-17 and 95-26; and
WHEREAS, the City Council has further investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to establish regulations for the provision of
wrecker services to Wylie as set forth below.
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: Ordinances Repealed. Wylie Ordinance Nos. 82-23, 93-17 and 95-26 are
hereby repealed.
SECTION 3: Wrecker Services.
A. Wrecker Service Contract. No person or business entity shall provide wrecker
service to Wylie without first executing a contract therefor with Wylie.
Wylie shall have the power and authority to prepare wrecker service specifications for
bidding by wrecker operators in accordance with state law. Wrecker operators will be required to
pay Wylie an amount determined by the bidding process in return for being granted the contract to
tow for Wylie. Upon approval by the City Council, the City Manager, or his designee, shall
execute a contract with the successful bidder. Bids will be awarded for a period of one (1) year.
The contract may be renewed for two additional one year terms upon the written agreement of
Wylie and the wrecker operator.
WRECKER SERVICE ORDINANCE-Page 1
Wrecker Service Ordinance-2
The contract wrecker shall respond, upon the request of Wylie, to the scene or site of any
wreck, motor vehicle accident or collision, occurring within the corporate limits of Wylie, or to
any other scene or site at which the services of a wrecker are required by Wylie.
B. Rates. Maximum rates for wrecker service provided to Wylie shall be specified in
the contract.
C. Inspection. Wylie's Police Department shall have the authority to inspect all
wreckers belonging to the contract operators to ensure the wreckers meet the following
requirements: 1) be not less than one (1) ton and be equipped with booster brakes and dual rear
wheels; 2) be equipped with a power winch, winch line and boom with a sling-type lift; 3) carry as
standard equipment tow arms, safety chains, fire extinguisher, wrecking bars, booms and a towing
dolly; and 4) any other requirement set forth by Wylie.
Wylie's Police Department shall also ensure that the wrecker contractor and all operators
and/or drivers associated therewith are properly insured.
D. Dispatch by Police. It shall be unlawful for any wrecker operator and/or driver to
proceed to the scene or site of a wreck, motor vehicle accident or collision, or follow an
ambulance or police car which is traveling in response to a report of a wreck, motor vehicle
accident or collision, unless such wrecker has been duly and legally dispatched by Wylie's Police
Department to the scene or site or has been requested to come to the scene by a party involved in
the wreck, motor vehicle accident or collision.
E. Promulgation of Additional Requirements. Wylie's Chief of Police shall have
authority to promulgate any other reasonable rules, regulations and requirements as may become
necessary to ensure that the contract wrecker protects each vehicle and its contents.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's
violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
WRECKER SERVICE ORDINANCE-Page 2
Wrecker Service Ordinance-2
SECTION 6: 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 7: Effective Date. This Ordinance shall become effective upon its adoption
and publication as required by Wylie's City Charter and by law.
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this day of , 2001.
JOHN MONDY, Mayor
ATTEST:
BARBARA SALINAS, City Secretary
Dates of Publication: ,in the .
WRECKER SERVICE ORDINANCE-Page 3
Wrecker Service Ordinance
WYLIE CITY COUNCIL
AGENDA ITEM NO. a .
May 8, 2001
Issue
Consider and act upon an Ordinance establishing a license agreement with Aerie Network Services,
Inc.
Background
Aerie Network Inc. is wishing to utilize public rights-of-way within the City of Wylie for the
purpose of installing a fiber optic transmission system in order to be able to provide
telecommunication services authorized by law. The Agreement does not authorize the company
to provide service within Wylie. In order for the company to provide such services, a separate
franchise agreement would have to be negotiated and approved by Council.
The Agreement establishes that the City is not liable to Aerie Network for any damages that are
not "willfully or necessarily occasioned". Further, the company agrees to move their lines as
necessary, at their expense, in the event that a project such as widening a street, or constructing
any other city-owned underground or aboveground facility requires relocation.
Other Considerations
Article II, Section 1.E. of the City Charter establishes the authority of the City to layout, widen,
maintain streets, alleyways and parks, and to regulate the use thereof
Financial Consideration
Changes in the telecommunication industry and in subsequent changes in federal regulations have
altered the means by which municipalities may deal with telecommunication companies. Cities
cannot establish franchise agreements and the associated revenue generation on agreements such as
this in which the company is simply "passing through" the community.
Board/Commission Recommendations
N/A
Staff Recommendations
N/A
Attachments
Ordinance
Prep d by Revi w d by Finance City Ma ger Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AUTHORIZING AN AGREEMENT
WITH AERIE NETWORK SERVICES INC. FOR THE PURPOSE OF CONSTRUCTION,
MAINTAINING AND OPERATING A FIBER OPTIC TRANSMISSION SYSTEM IN, UNDER,
OVER AND ACROSS THE STREETS AND PUBLIC WAYS IN THE CITY OF WYLIE,
REGULATING THE CONSTRUCTION WORK IN THE CITY • IN THIS REGARD,
PRESCRIBING THE RELATIONSHIP AND RELATIVE RIGHTS BETWEEN AERIE
NETWORK SERVICES INC. AND OTHERS WITH RESPECT TO CONSTRUCTION IN THE
CITY AND LOCATION OF FACILITIES; REQUIRING CERTAIN RECORDS AND REPORTS;
PROVIDING FOR INSPECTIONS; PROVIDING THE RIGHTS AND RESPONSIBILITIES OF
THE CITY COUNCIL; PROVIDING FOR ENFORCEMENT OF THE AGREEMENT;
PRESCRIBING THE COMPENSATION TO THE CITY FROM AERIE NETWORK SERVICES
INC., UNDER THE AGREEMENT; PROVIDING INDEMNITY OF THE CITY AND ITS
EMPLOYEES; SETTING FORTH THE TERM OF THE AGREEMENT AND PRESCRIBING
MISCELLANEOUS REQUIREMENTS FOR ADMINISTRATION OF THE AGREEMENT;
PROVIDING FOR TERMINATION OF THE AGREEMENT, PROVIDING FOR A PENALTY;
REQUIRING CONFORMITY WITH CONSTITUTION, STATUTES, CHARTER AND CITY
CODE; LENGTH OF AGREEMENT TERMS; PROVIDING AN EFFECTIVE DATE;
PROVIDING VENUE AND PROVIDING FOR A SEVERABILITY CLAUSE.
WHEREAS, Aerie Network Services Inc., hereinafter "Licensee," desires the use of certain
public rights-of-way within the City of Wylie for the purposes set forth below pursuant to the
provisions of the laws of the State of Texas; and
WHEREAS, it is the position of the City of Wylie that Licensee must obtain in order to use
the public rights-of-way; and
WHEREAS, the City Council has determined that it is appropriate to enter into the
following agreement with Licensee;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1. PURPOSE
The City and Licensee enter into this nonexclusive license agreement for the period
commencing on the date of acceptance by Licensee of this ordinance and continue for a period of
five (5) years after acceptance by Licensee. Under this license agreement, Licensee may acquire,
erect, construct, replace, reconstruct, maintain, use and operate in the City of Wylie, Texas,
hereafter sometimes referred to as "City," a fiber optic transmission system in, across, over or under
the streets, highways, alleys and public ways of the City (hereinafter the "Right-of-Way"), including
all necessary or desirable under ground conduits, manholes and other structures and appurtenances
(hereinafter the "Facility" or "Facilities") in connection with such transmission system (hereinafter
the "System") for the purpose of providing any telecommunications services authorized by law,
regulation or certification, subject to this agreement. This license does not authorize Licensee to
operate or provide in the City of Wylie an open video system ("OVS"), enhanced services related to
OVS, advanced video gateways, other related non-programming OVS functions or similar types of
services, gateways, platforms or functions, video common carriage services, "cable services," or
"cable television services," as those terms may be defined from time to time under City ordinance,
Texas law, the Communications Act of 1934, as amended, the Cable Communications Policy Act
of 1984 (47 U.S.C.A. § 521, et seq., as amended) or recognized by the Federal Communications
Commission or applicable rulings of the courts or FCC, or services regulated directly or indirectly
by the Texas Public Utility commission (the "PUC") under the Texas Public Utility Regulatory Act
without first securing a franchise or other required authorization from the City. Notwithstanding the
foregoing nothing herein shall preclude Licensee from entering into a contract for the use of any
portion of its system with any person or other entity for any services, whether specified herein or
not, provided that said person or other entity is another franchisee, licensee or permittee of the City.
SECTION 2. AGREEMENT AREA
That this license agreement shall extend to all Rights-of-Way located in the City of Wylie.
SECTION 3. CONSTRUCTION WORK-REGULATION BY CITY, UNDERGROUND
CONDUIT USE BY CITY, JOINT USE OF TRENCH SPACE
(a) The work done by Licensee in connection with the construction, reconstruction,
maintenance or repair of said System shall be subject to and governed by all pertinent laws, rules,
regulations of the city and State of Texas that are applicable to insuring the work done does not
unduly inconvenience the public in the use of the surface of the Right-of-Way.
(b) All excavations and other construction in the Right-of-Way shall be so carried on as to
interfere as little as practicable with the use of the Right-of-Way and with the use of private
property, in accordance with any lawful and reasonable direction given by or under the authority of
the governing body of the City under the policy and regulatory powers of the City necessary to
provide for public safety or convenience.
SECTION 4. CONSTRUCTION AND MAINTENANCE, EXCAVATION
(a) The City shall have the power at any time to order and require Licensee to remove and
abate any pole, wire, cable or other Facility that is imminently dangerous to life or property, and in
case Licensee, after written notice, fails or refuses to comply, the City shall have the power to
remove the same at the expense of Licensee, all without compensation or liability for damages to
Licensee. Licensee shall promptly restore all Rights-of-Way excavated by Licensee to substantially
the same condition as before such excavation to the reasonable satisfaction of the City. Prior to
construction, Licensee shall submit engineering plans to the City for review and approval when
such plans are for projects which involve significant amounts of both new buried cable and
underground systems in public Rights-of-Way. Approval of such plans shall not be unreasonably
delayed, withheld or conditioned by the City.
(b) Except in an emergency, Licensee shall not excavate any pavement in any Right-of-Way
or significant amounts of any unpaved public Right-of-Way without first securing permission of the
City, but such permission shall not be unreasonably delayed, withheld or conditioned if the
proposed excavation is in accordance with the terms of this agreement. The City shall be notified as
soon as practicable regarding work performed under emergency conditions.
SECTION 5. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS,
ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS
(a) The City reserves the right to lay, and permit to be laid, sewer, gas, water and other pipe
lines or cables and conduits, as well as drainage pipes and channels and streets and to do and permit
to be done, any underground and overhead installation or improvement that may be deemed
necessary or proper by the governing body of the City of Wylie, in, across, along, over or under any
Right-of-Way occupied by Licensee, and to change any curb or sidewalk or the grade of any street
and to maintain all City of Wylie facilities provided that such work is for the municipal purposes of
the City. In permitting such work to be done, the City shall not be liable to Licensee for any damage
so caused, nor shall the City be liable to Licensee for any damages arising out of the performance
by the City or its contractors or subcontractors, not willfully and unnecessarily occasioned;
provided, however, nothing herein shall relieve any other person or corporation from liability for
damage to Facilities or System of Licensee. City shall not be liable for any damage to Licensee's
property or for any direct or consequential damage to Licensee or its customers that may arise if
City, its agents, employees or contractors for any reason causes the flow of data or light impulses
through said Facilities to be interrupted or stopped and Licensee shall hold City harmless and
indemnify City for said damages including damages arising from City's own negligence. Nothing
herein shall relieve any person, other than the City, of liability, including without limitation the
City's contractors or subcontractors from liability for damage to Facilities or System of Company.
(b) Whenever by reason of changes in the grade or widening of a street or in the location or
manner of constructing a water pipe, gas pipe, drainage channel, sewer, or other City-owned
underground or aboveground Facilities, it is deemed necessary by the City to move, alter, change,
adapt, or conform the underground or aboveground facilities of Licensee, Licensee shall make the
alterations or changes, on alternative Right-of-Way provided by the City, if necessary, as soon as
practicable when ordered in writing by the City without claim for reimbursement or damages
against the City.
(c) If the City requires Licensee to adapt or conform its Facilities, or in any way or manner
to alter, relocate or change its property to enable any other corporation or person, except the City, to
use, or to use with greater convenience, any right-of-way, street, alley, highway or public place,
Licensee shall not be required to make any such changes until such other corporation or person shall
have undertaken, with solvent bond, to reimburse Licensee for any loss and expense which will be
caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of
Licensee's Facilities; provided, however, that the City shall never be liable for such reimbursement.
SECTION 6. INDEMNITY AND INSURANCE
A. Indemnity
As a condition hereof, Licensee agrees and is bound to defend, indemnify and hold the City,
its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs
and expenses (including attorney's fees and costs) for personal injury (including death), property
damage or other harm for which recovery of damage is sought, suffered by any person or persons,
that may arise out of or be occasioned by Licensee's use, occupancy and maintenance of the Right-
of-Way or Licensee's System within the Right-of-Way, from any act or omission of any
representative, agent, customer and/or employee of Licensee, or by Licensee's breach of any of the
terms or provisions of this license agreement, or by any negligent or strictly liable act of omission
of Licensee, its officers, agents, employees or subcontractors in the use, occupancy and
maintenance of the Right-of-Way or Licensee's installations and improvements within the licensed
premises; except that the indemnity provided for in this paragraph shall not apply to any liability
resulting from the sole negligence or fault of the City, its officers, agents, representatives,
employees or separate contractors, and in the event of joint and concurring negligence or fault of
both the Licensee and the City, responsibility and indemnity, if any, shall be apportioned
comparatively in accordance with the laws of the State of Texas, without, however, waiving any
governmental immunity available to the City under Texas law and without waiving any defenses of
the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties
hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or
entity. This obligation to indemnify and defend shall also include any claim for damage that any
utility or communication company, whether publicly or privately owned, may sustain or receive by
reason of Licensee's use of the Right-of-Way or Licensee's Facilities located thereon. Not
withstanding the foregoing, Licensee shall not be responsible in any way for any claim or damages
incurred or alleged to be incurred by any utility or communications company arising as a result of
the City's grant of this license to Licensee. In addition to the foregoing, Licensee covenants and
agrees never to make a claim of any kind or character whatsoever against the City for damage of
any kind that it may suffer by reason of the installation, construction, re-construction, operation or
maintenance of any public improvement, utility or communication facility, whether presently in
place or which may in the future be constructed or installed, including but not limited to, any water
or wastewater mains or storm sewer facilities, regardless of whether such damage is due to flooding,
infiltration, back flow or seepage caused from the failure of any installation, natural causes of City
negligence. It is the intention of this indemnity agreement on the part of Licensee, and as a
condition of this license, that except as otherwise provided herein, it shall be full and total
indemnity against any kind or character of claim whatsoever that may be asserted against the City,
by reason of or as a consequence of having granted permission to Licensee to use and maintain the
Right-of-Way.
City should give Licensee written notice of the making of any claim or the commencement
of any action, suit or other proceeding for which Licensee could be liable for indemnification under
this license. In all instances in which Licensee is required under this license to indemnify City, such
indemnification obligations shall be expressly conditioned upon Licensee having the right to
investigate, compromise and defend against such claims. City shall cooperate with Licensee in the
defense of any litigation by furnishing such information and Licensee may request assistance in the
disposition of such matter.
B. Insurance
It is understood and agreed and a condition hereof, that Licensee shall procure and keep in
full force and effect commercial general liability insurance coverage issued by an insurance
company authorized and approved by the State of Texas, acceptable to the City and issued in the
standard form approved by the State Board of Insurance. The insured provisions of this policy must
name the City, its officers and employees as additional insured protecting the City against any and
all claims for damages to persons or property as a result of or arising out of the use, operation, and
maintenance by Licensee of the Right-of-Way and Licensee's Facilities in connection therewith and
located therein. The commercial general liability coverage must provide combined single limits of
liability for bodily injury and property damage of not less than $1,000,000 for each occurrence. The
coverage must be on an "occurrence" basis and must include coverage for premises operations,
independent contractors, products/completed operations, personal injury, contractual liability, and
medical payments. This insurance shall also include coverage for underground, explosion, and
collapse hazards.
I. Each policy must include a cancellation provision in which the insurance company is
required to notify Licensee and the City in writing not fewer than 30 days before canceling,
failing to renew, or making a material change to the insurance policy.
2. Licensee shall carry said insurance at its expense and shall furnish the City proof of such
insurance. In the event said insurance should terminate during the license term hereof, or
Licensee fails to furnish proof of insurance coverage in accordance with the specifications as
required by this section, City may in its sole discretion terminate this license agreement.
SECTION 7. ADMINISTRATION OF LICENSE
(a) The City Manager or his designee is the principal City officer responsible for the
administration of this agreement and shall review the operations of Licensee in the Right-of-Way
under this agreement.
(b) It shall be the right of the governing body of the City of Wylie at all times to keep fully
informed as to all matters in connection with or affecting the construction, reconstruction,
maintenance, operation and repair of Licensee's Facilities in the Right-of-Way and the recording
and reporting by Licensee of all material changes to such Facilities.
SECTION 8. RECORDS
(a) Licensee shall keep complete and accurate maps and records of its Facilities under this
ordinance and agreement. The City may require the keeping of additional records or maps, which
are reasonably necessary for purposes of identifying, accounting for, and reporting changes in the
System.
(b) The City may, at reasonable times and for reasonable purposes under this ordinance and
agreement, examine, verify or review the documents, maps, plans and other records of Licensee
directly related to this agreement, Licensee shall make the above records available to City for
review at 2000 N. Hwy. 78, Wylie, TX 75098, within a reasonable time after demand by City
Manager or designee. To the extent permitted by the Texas Public Information Act, the City agrees
to keep any information provided to it by Licensee under this agreement as confidential and shall
treat such confidential information as the City treats its own confidential and proprietary
information; however, this shall not include records or maps which are reasonably necessary for
purposes of identifying, accounting for, and reporting changes in the System for the reason many
others use the Rights-of-Way.
(c) The City shall have the power to require that the Licensee report to the City such
information relating to the Licensee as the City may consider useful in the identifying, accounting
for, and reporting of System changes for the purposes of this ordinance. The City shall have the
right to establish forms for all reports, determine the time for reports and the frequency with which
any reports are to be made, and require that any reports be made under oath.
(d) The City may, at any time, make inquires pertaining to this license relating to the
Licensee's operation of the System within the City of Wylie. The Licensee shall respond to such
inquires on a timely basis.
(e) At the time of completion and any time Facilities have been changed, or upon request of
the City, Licensee shall file with the City Manager or designee, a corrected list of Facilities located
in the public right-of-way, and an up-to-date map of the System, showing all Facilities newly
installed, expended and removed during previous year, as well as those which are currently in use.
(f) Copies of all petitions, applications, communications and reports submitted by the
Licensee to the Federal Communications Commission or any other regulatory agency, in respect to
any matters directly affecting the System located in whole or in part within the City pursuant to this
license, shall be provided to the City upon request.
SECTION 9. VIOLATIONS
Upon evidence being received by the City Manager that violations of this license agreement
are occurring, or has occurred, he shall at once cause an investigation to be made. If the City
Manager finds that such a violation exists or has occurred, he shall take appropriate steps to secure
compliance with the terms of this license agreement. Such steps shall include the provision of a
written notice to Licensee detailing the alleged violation and permitting Licensee a reasonable
opportunity (no less than thirty days) to cure the violation.
SECTION 10. ASSIGNMENT OF AGREEMENT
The rights granted by this ordinance inure to the benefit of Licensee. Licensee shall notify the City
of Wylie of any proposed transfer or assignment of these rights. The City of Wylie shall have 180
days to act upon or deny said assignment or transfer. If the City of Wylie fails to render a final
decision in 180 days, said assignment or transfer shall be deemed approved. Any successor shall be
required to fulfill all the obligations of this licensee.
(a)For purposes of this ordinance, an assignment or transfer means any transaction in which
(i) any ownership of other right, title, or interest of more than two (2) percent in a licensee, a parent,
of the system is transferred, sold, assigned, leased, sublet, or mortgaged, directly or indirectly, in
whole or in part, or (ii) there is any change, acquisition, or parent under the license, are transferred,
directly or indirectly, to another party; or (iii) any change or substitution occurs in the managing
general partners, if any, of the licensee or parent.
SECTION 11. ACCEPTANCE OF AGREEMENT
(a) Licensee shall, within sixty (60) days of the final reading of this ordinance, file in the
Office of City Secretary, a written instrument signed and acknowledged by a duly authorized officer
in substantially the following form:
To the City Council of City of Wylie
Licensee, acting by its undersigned official hereunto duly authorized, hereby accepts
Ordinance No. authorizing an agreement with Licensee.
By:
Attest:
Secretary
Executed this, the day of ,2001.
(b) Upon filing of the acceptance, this agreement shall become effective. In the event such
acceptance is not filed within sixty (60) days after the final reading of this ordinance, this ordinance
shall terminate and become null and void.
(c) As a further condition precedent to this agreement becoming effective, Licensee shall
send to the City Manager or designee of the City of Wylie, Texas, the name and address of the
person Licensee designates to receive official notices from the City of Wylie.
SECTION 12. TERMINATION OF AGREEMENT AND REMOVAL OF FACILITIES
(a) If Licensee fails to make payment as provided by this ordinance and agreement, the City
shall send two written notices to Licensee. Thirty (30) days after the second written notice of breach
or default from the City, the City may order that this ordinance shall become null and void and send
a written notice of termination from the City of Wylie and City may order the removal of any of
Licensee's Facilities which are above the surface of the rights-of-way and if Licensee should refuse,
City may remove such Facilities at Licensee's expense.
(b) It is further agreed that upon Licensee's failure to cure a default as set forth in
subparagraph (a) above, the City shall reserve and have the absolute right to terminate this license
agreement. The City shall upon such determination become immediately entitled to possession of
the Right-of-Way without giving any notice and without the necessity of legal proceedings to obtain
possession thereof, that any rentals paid in advance shall be returned to Licensee in proportion to
the unexpired rental period; and in any event upon termination or cancellation by City or Licensee,
Licensee shall, unless otherwise agreed to by the City, remove any Facilities from the Right-of-Way
at Licensee's expense. All work shall be done to the satisfaction of City.
SECTION 13. CONFORMITY TO CONSTITUTION, STATUTES, CHARTER AND
CITY CODE
This ordinance is passed subject to the provisions of the Constitution and the laws of the
United States of America, the State of Texas and the charter provisions of the City of Wylie and
applicable sections of the Wylie City Code.
SECTION 14. USE OF PREMISES
Licensee is prohibited from using the Rights-of-Way in any manner which violates any
applicable Federal, State or local laws, regulations, rules and orders, regardless of when they
become or became effective, including without limitation, those relating to health, safety, noise,
environmental protection, waste disposal and water and air quality, and shall provide satisfactory
evidence of compliance upon the request of the City. Should any discharge, leakage, spillage,
emission or pollution of any type occur upon or from the Rights-of-Way due to Licensee's use and
occupancy thereof, and not due to any pre-existing condition, Licensee, at its expense, shall be
obligated to clean up the affected Rights-of-Way to the satisfaction of the City and any other
governmental body having jurisdiction there over. The City may, at its option, clean the affected
Rights-of-Way if the City elects to do so, at the Licensee's expense. Licensee agrees that the
indemnity provisions contained in Section 6.A herein shall be fully applicable to the requirements
of this paragraph, in the event of Licensee's breach of this paragraph or as a result of any such
discharge, leakage, spillage, emission or pollution arising out of the Licensee's use of the licensed
premises. Licensee must also obtain any and all necessary governmental licenses and permits
necessary in order to use the Rights-of-Way and Facilities for Licensee's intended purpose.
SECTION 15. EFFECTIVE DATE
This ordinance shall take effect immediately from and after its final reading, acceptance and
filing in accordance with the provisions of Section 11 of this ordinance.
SECTION 16. EXTENT OF AGREEMENT
This license agreement embodies the complete agreement of the parties, superseding all oral
or written previous and contemporary agreements between the parties and relating to matters in this
license agreement, and except as otherwise provided in this license agreement cannot be modified
without written agreement of City and Licensee to be attached to and made a part of this license
agreement.
SECTION 17. SEVERABILITY
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of any section, subsection, sentence, clause or phase of this ordinance should be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
any other section, subsection, sentence, clause or phrase of this ordinance. If any material term or
provision of this ordinance is so declared invalid, the parties shall promptly begin negotiations for a
replacement.
SECTION 18. VENUE
This agreement is performable in the State of Texas and exclusive legal venue for any
litigation arising under this license shall lie in Collin County, Texas, and shall be governed by the
laws of the State of Texas
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this day of , 2001.
JOHN MONDY, Mayor
ATTEST:
BARBARA SALINAS, City Secretary
WYLIE CITY COUNCIL
AGENDA ITEM NO. 3 ,
May 8, 2001
Issue
Consider and act upon appointment of a board of director to the North Texas Municipal Water District Board.
Background
The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City
Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD
operations occur in accordance with law,in alignment with NTMWD policy, and in the best interests of the cities
receiving services.
NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their
communities in other capacities and who have a solid understanding of municipal concerns to share with other
Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining
experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's
needs are met in the most effective manner.
All NTMWD programs provide service based on cost to serve,with all cities provided equal treatment. Therefore,
NTMWD policy established by the Board of Directors affects cost,performance and quality of service.
The City of Wylie has two board members on the NTMWD Board. Mr. Harry Tibbals,whose term expires May 31,
2001 and, Mr. Marvin Fuller whose term expires May 31,2002. Mr. Tibbals has stated that he would be willing
to serve another two years. The City Council will need to make this appointment before the term expires May 31,
2001.
Financial Considerations
N/A
Other Considerations
In accordance with the statue creating the District,(Article 8280-141),the qualifications of a Director include the
following: "No person shall be appointed a Director unless he resides in the City from which he is appointed. No
member of a governing body of a City, and no employee of a City,shall be appointed as a Director." Under other
State Law,no other government official that receives compensation could be appointed.
Board/Commission Recommendation
N/A
Staff Recommendation
N/A
Attachment
Corresponde from NTMWD
011 .
r red Revi d by Finance City M. ter 7ova1
'ice
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Sen.ice Through Unity
March 12, 2001
Mr. Anthony Johnson, City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
RE: NTMWD BOARD MEMBER APPOINTMENT
Dear Mr. Johnson:
This is your official notification that Mr. Harry Tibbals's term of office as an
NTMWD Board Member expires May 31, 2001. The City Council, by a majority
vote, should reappoint Mr. Harry Tibbals or appoint another Director to serve a term
from June 1, 2001 to May 31, 2003.
In accordance with the statute creating the District (Article 8280-141), the
qualifications of a Director include the following: "No person shall be appointed a
Director unless he resides in the city from which he is appointed. No member of a
governing body of a city and no employee of a city shall be appointed as a Director."
Under other state law, no other government official that receives compensation could
be appointed.
The cities served by the NTMWD appreciate the work and effort expended by the
appointed Directors. It is my practice to visit with new Directors in an orientation
session prior to their first meeting; therefore, please notify my office in writing when
the City Council has appointed a Director for the new term. Should you have any
questions or need additional information, please do not hesitate to contact my office.
Sincerely,
JA ES M. PARKS
ecutive Director
JMP/mcf
cc: Mr. Harry Tibbals
505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405
WYLIE CITY COUNCIL
AGENDA ITEM NO. L
May 8, 2001
Issue
Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture (A) District to Planned Development (PD) District for Single Family Residential uses,
generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298),
being a 99.814 acre tract of land conveyed by deed from Plano-Wylie Road Limited to Frederick
Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin County Deed Records, and
being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,
Texas. (Zoning Case 2001-02)
Background
The applicant is requesting rezoning of the subject property in order to develop a single-family
residential subdivision. The subject property contains a total of 99.814 acres of land, and fronts
approximately 1,662 feet along Country Club Road. The property is unplatted and is zoned for
Agriculture (A) uses.
The property to the north of the tract is zoned Planned Development District for Single Family
Residential uses(PD 99-31) and is developing as the Riverchase Addition Phase Two with minimum
lots of 7,200 square feet (although most exceed 8,000 sq. ft.). The property to the east across
Country Club Road is zoned Single Family Residential-2 (SF-2) and currently developing as the Quail
Meadow Addition with minimum lots of 8,500 square feet (although most exceed 9,000 sq. ft.), and
Single Family Attached (SF-A)which is currently undeveloped. The adjoining property to the south
is undeveloped and zoned for Agriculture(A) uses. The property to the west is undeveloped and is
within unincorporated Collin County but is within Wylie's Extraterritorial Jurisdiction.
Public Comment Forms were mailed to fifteen(15) property owners within 200 feet of this property.
One Public Comment Form has been returned in favor of the request.
Financial Considerations
The rezoning application fee has been paid. The applicant is aware that the property must be platted
and impact fees paid prior to initiation of development.
Other Considerations
1. The Comprehensive Plan recommends Suburban Residential uses for this property. Suburban
Residential is defined by the Plan as allowing single family detached houses on lots ranging in size
from a minimum area of 8,500 square feet to one acre, served by urban streets with curbs and
gutters and sidewalks. Dwelling units must also be within 3,000 feet walking distance of the
retail/institutional village Center and provide clearly defined, effective pedestrian linkages to it.
The requested zoning change is generally consistent with these recommendations of the Future
Land Use Plan.
2. However, the recently revised Residential District provisions of the Zoning Ordinance classifies
single family residential lots of 8,500 square feet within the Village Residential Districts, which
are intended to be located more immediately adjacent to the nonresidential Village Centers
(suggesting that no dwelling be more than 1,300 feet distance). Suburban Residential Districts
within the new Zoning requires lots of 10,000 square feet or larger. Neither the distance of the
property from the nearest village retail center(on Country Club Road at McMillen Road) nor the
proposed lower density of the subject request is consistent with this intent of the Zoning
Ordinance.
3. The newly adopted Residential District Provisions of the Zoning Ordinance establish a flexible
point system with which all developments must comply in order to obtain approval for
construction. These provisions list certain Base Design Standards which all developments must
meet, and provide several optional Desirable Design Standards from which the developer may
choose in meeting a given required total number of points before a development may be approved
for construction. The following compares the proposed special development requirements of the
Planned Development District with standard provisions of the Zoning Ordinance.
a. The minimum lot size proposed by the PD is approximately 9,125 square feet, compared
to the 8,500 square feet minimum required by the ZO.
b. The minimum house size proposed by the PD is 2,000 square feet, compared to the 1,700
square feet required by the ZO.
c. The PD proposal includes some curvilinear streets, which are Desirable elements for
which points are achieved within the new ZO criteria.
d. The PD proposes a landscaped entry feature with landscaped street median as well as a
20 feet wide exterior landscape and lighted buffer for the sidewalk linking the
development to the Village Center, which are Desirable elements for which points are
achieved within the ZO.
e. The PD proposes a Mandatory Homeowners Association for maintenance of all open
space and landscaping, whereas HOAs are not a consideration of the ZO (although such
are logically required for maintenance of desired common areas).
f The PD proposes 8.5 feet wide interior side yard setbacks and fifteen feet side yards
adjacent to streets, whereas the ZO now requires 10 feet for interior side yards and
twenty-five feet for side yards adjacent to streets.
4. The only change in the lot configuration requirements between the old SF-2 District and the new
SF-8.5 is an increase in the minimum required side yard from seven feet to ten feet. The direct
consequence of this change is the decrease in the width of the house building pad in favor of
increased side yard open space. The applicant has stated that the development will conform to
or exceed all requirements of the new SF-8.5 District except for the side yard width, and is
proposing the PD for the primary reason of allowing this change in the side yard regulation. He
states that the wider house front allowed by the narrow side yard is required by builders of larger
houses and desired by buyers of these larger dwellings, and is therefore an industry standard.
5. The lot sizes, yard setbacks and house sizes of the proposal are consistent with development
trends on adjacent properties.
6. Funds will be paid to the City in lieu of land to satisfy the park dedication requirements, in order
to avoid the proliferation of small park sites which are less efficient for recreational use and more
costly to maintain. A small amenity center will be operated and maintained by the HOA.
7. The stated function of Planned Development Districts is"to permit flexibility in the use and design
of land and buildings in situations where PD modification of specific provisions of the Zoning
Ordinance are not contrary to its intent and purpose or significantly inconsistent with the planning
on which it is based and will not be harmful to the neighborhood." The proposed PD is obviously
primarily intended to achieve a variance of the required side yard setback and offers no flexibility
or innovation greater than that provided by the standard requirements of the Zoning Ordinance.
Board/Commission Recommendations
At the April 17, 2001 Planning and Zoning Commission meeting, the Commission voted 4-1 to
approve the zone change request with the stipulation that the lot widths be changed to 73' and the
side yards be changed to 8.5'.
Staff Recommendations
Denial. Although the proposal is consistent with the Comprehensive Plan, the requested reduction
in side yard width will not create the image of wider lots with greater open space between narrower
houses which the recent revisions of the Zoning Ordinance are intended to create. The proposed
Conditions of the PD offer little innovation other than the options offered by the provisions of the
ZO.
The Departments of Development Services, Public Works, and Fir concur with this recommendation.
Attachments
Ordinance
Exhibit"A" - Conditions of the Planned Development District (attached to Ordinance)
Concept Plan
Prepared by evie by Finance City Manage royal
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY, COUNTRY RIDGE ESTATES -
ZONING CASE NUMBER 2001-02 TO PD, PLANNED
DEVELOPMENT DISTRICT CLASSIFICATION;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property, the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is
hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described
property a new zoning classification of PD, Planned Development District Classification, said
property being described in Exhibit "A and B" attached hereto and made a part hereof for all
purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2001.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
EXHIBIT "A"
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT
COUNTRY RIDGE ESTATES
WYLIE, TEXAS
General Conditions:
1. This Planned Development District shall not affect any regulation found within the Code of
Ordinances, except as specifically provided herein.
2. All regulations of SF-8.5 District set forth in Article 2, Section 3.3 A.3 of the Comprehensive
Zoning Ordinance(adopted as of July 25, 2000) are included by reference and shall apply except
as provided herein.
Special Conditions:
1. The side yard setback shall be not less than eight and one-half(8 1/2) feet on each side. A side yard
adjacent to a street shall be not less than fifteen (15) feet.
2. Mandatory Homeowners Association.
3. All open space and landscape to be maintained by the Homeowners Association.
4. Minimum house square footage shall be 2,000 square feet.
5. Twenty-foot landscape buffer with a four-foot walk.
6. Landscape entry feature with landscape median.
7. Minimum lot width of seventy-three (73) feet at the building lot.
WYLIE CITY COUNCIL
AGENDA ITEM NO. J .
May 8, 2001
Issue
Hold a public hearing to consider and act upon approval of a request for a Specific Use Permit for
a Commercial Amusement/Indoor, located at 600 North State Highway 78, being a 0.0413 acre
portion of Lots 1 A and 2A, Block B of the Railroad Addition, City of Wylie, Collin County, Texas.
(Zoning Case 2001-03)
Background
The applicant is requesting a Specific Use Permit (SUP) in order to install and operate an Indoor
Commercial Amusement (video game room) in approximately 1,800 square feet of leased space
within an existing retail center. The applicant anticipates operation of up to forty-five video games,
as well as various service-products vending machines.
Although the complex has been developed and operated as a unified retail center(First Wylie Center),
it has never been platted as a single or separate parcel of record, and the center occupies Lots 1 A,
1B and 2A of the Railroad Addition. The subject property is platted as Lots lA and 2A.
The subject property is zoned for Retail (R) uses. Indoor and Outdoor Commercial Amusements are
allowed within the Retail District with an approved Specific Use Permit. The SUP is intended to
establish development and operational conditions for the specific site and use which assure that the
operation is"harmonious and adaptable to building structures and uses of abutting property".
Public Comment Forms were mailed to fourteen(14) property owners within 200 feet of the request.
Five Comment Forms have been returned, all five in opposition to the request.
Financial Considerations
The rezoning application fee has been paid. The applicant is aware of the City of Wylie's annual
Coin-Operated Machine Tax of$7.50 per machine.
Other Considerations
1. On-site parking is not sufficient to serve both the proposed game room and the current tenants
of the retail center. There are 69 existing parking spaces within the center, and the current
tenants require 62 spaces. The proposed game room will require an additional 30 spaces. (See
attached Analysis of On-Site Parking).
2. The retail center has four drives for access/egress onto State Highway 78 and one onto Fifth
Street. The close proximity of these drives does not comply with current design standards, and
creates the potential for vehicular circulation conflicts both within the center's parking lots and
on S.H. 78. The significant additional traffic generated by the proposed game room will
aggravate this conflict.
3. The proposed conditions of the Specific Use Permit establish specific limits of the operation,
including maximum floor area and number of machines, currency exchange and prize redemption,
time of operation and age of participants.
Board/Commission Recommendations
At the April 17, 2001 Planning and Zoning Commission meeting, the Commission voted 5-0 to deny
the Specific Use Permit request due to insufficient parking.
Staff Recommendations
Denial. There is insufficient on-site parking to support the proposed use.
The Departments of Development Services, Public Works, and Fire concur with this
recommendation.
Attachments
Analysis of On-Site Parking at First Wylie Center
Ordinance
Exhibit"A" - Conditions of the Specific Use Permit and Site Plan (attached to Ordinance)
Prepared by Revi d by Finance City Manage,pproval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY, ZONING CASE NO. 2001-03 TO
R(S), RETAIL DISTRICT CLASSIFICATION WITH A
SPECIFIC USE PERMIT FOR INDOOR COMMERCIAL
AMUSEMENTS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property, the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is
hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described
property a new zoning classification of R(s), Retail District Classification with a Specific Use Permit
for a private club serving alcoholic beverages, said property being described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2001.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
EXHIBIT "A"
Zoning Case No. 01-03
SPECIFIC USE PERMIT CONDITIONS FOR COMMERCIAL AMUSEMENT -
INDOOR
600 North Highway 78, Suites 609 & 611
General Conditions:
1. The purpose of this Specific Use Permit is to allow for an indoor commercial amusement
subject to conditions to make it harmonious and adaptable with the surrounding area.
2. This Specific Use Permit shall not affect any regulation found within the Code of
Ordinances, except as specifically provided herein.
3. All regulations of the Retail (R) District set forth in Section 17 of the Comprehensive Zoning
Ordinance (adopted as of November 12, 1991) are included by reference and shall apply
except as specifically provided herein.
Special Conditions:
1. This specific Use Permit shall apply only to Hai P Vo as operator and only to suites 609 and
611 as location, and shall not be transferred in any way. The applicant and operation shall
remain in compliance with all applicable local, Sate and Federal laws at all times, and failure
to do so may be considered a violation of the terms of this SUP and grounds for revocation of
the SUP.
2. No more than forty-five (45) coin-operated game machines shall be allowed (excluding
machines such as telephones, Automated Teller Machines, and vending machines for food,
drinks and other such service products).
3. All prizes, awards and gifts from games and promotional activities shall be provided in the
form of products or coupons/certificates redeemable only on the premises. There shall be
absolutely no monetary exchange for prizes, either on or off of the premises.
4. No persons seventeen years of age or younger shall at any time be permitted to play the game
machines.
5. No fresh food or drink shall be provided for sell or consumption on the premises, except for
those provided by coin-operated vending machines.
6. The games may be open for play 24-hours per day. At least one employee shall be located
on the premises at all times when games are open for play.
7. Front windows shall allow at least 75 percent through vision at all times, and through vision
shall not be obstructed by paint, tented solar film, signs, shades, game machines, displays or
other obstruction.
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ANALYSIS OF ON-SITE PARKING AT FIRST WYLIE CENTER
USE REQUIRED PARKING
BUILDING 1
Cleaners 2,025 s.f. @ 1/200 10
Donuts 11 seats @ 1/3 4
Barber 900 s.f. @ 1/200 5
Tobacco 675 s.f. @ 1/200 3
22
BUILDING 2
Restaurant 84 seats @ 1/3 28
Pizza 7 seats @ 1/3 2
Tax 675 s.f. @ 1/300 2
[Game Rm 1,800 s.f. @ 30] [30]
32 or [62]
BUILDING 3
Clothing 1,950 s.f. @ 1/400 5
Pizza 0 seats 0
5
BUILDING 4
Plumbing 1,024 s.f. @ 1/300 3
Vacant 2,144 s.f. 0
3
TOTAL PARKING REQUIRED = _
62
TOTAL PARKING PROVIDED 69
WYLIE CITY COUNCIL
AGENDA ITEM NO. 6.
May 8, 2001
Issue
Consider and act upon a Final Plat for the Cascades Apartments Wylie Addition, generally located
east of Country Club Road (FM 1378) and south of Parker Road (FM 2514), being all of a certain
12.02 acre tract situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin
County, Texas, and being a portion of The Cascade Companies, L.L.C. tract as described in Volume
4607, Page 1881 of the Deed Records of Collin County, Texas.
Background
The Final Plat under consideration is for the Cascades Apartments Wylie Addition. The owner
proposes to plat the subject 12.02 acre property in order to develop an apartment complex of 180
dwelling units as well as a club house/leasing office and recreational open space.
The Planning and Zoning Commission, on February 6, 2001, approved a Site Plan and recommended
approval to the City Council for a Preliminary Plat for the subject development and property. The
Council approved the Preliminary Plat on March 13, 2001.
Financial Considerations
The Final Plat application fee has been paid. The applicant is aware that impact fees must be paid
before the Final Plat can be filed with Collin County. Water - $50,400 Sewer - $190,620
Other Considerations
• Staff has reviewed the proposed Plat and found it to conform to the approved Preliminary Plat
and to be in technical compliance with the Subdivision Regulations and all other pertinent
ordinances of the City of Wylie and State of Texas.
• The Plat provides additional right-of-way for the future widening of Country Club Road (FM
1378).
• Internal drives are dedicated as access and utility easements so that they can be always accessible
to emergency vehicles, utility maintenance and service personnel and solid waste collections, but
will be private and maintained by the owner.
Board/Commission Recommendations
At the April 17, 2001 Planning and Zoning Commission meeting, the Commission voted 5-0 to
approve the Final Plat.
Staff Recommendations
Approval. The Department of Development Services, Public Works and fire concur with this
recommendation.
Attachments
Final Plat
Prepared by Rev' ed by Finance City Mana e proval