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10-14-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, October 14, 2003 6:00p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 GALL TO ORDER t I :. CE `::: :: '::.. '';:. ::::: ::.:`< : ..:.>: �N�?`UQ�A'1''1(�N<�.)fit-��)�;AL �� . ... .. .... ....... ;: • Presentation of Star Students Awards with the character trait of Responsibility • Administer Oath of Office to New Firefighters/New Fire Marshall CITIZENS PARTICtPATI++�J►►1 GENDA ::.:: ::: :..::;:.;;:.::::::::.. .::::.,:::::.:.:... ........... e:::removed ::: tied:�hat:atem�rll.�............::.::::::.: ,... ..... ;. . . ussco�a>:of>these::�#e..ms.;�';�I�seussiaru�ssx • A. Approval of the Minutes from the Regular Meeting of September 26, 2003 B. Consider and act upon authorizing the Mayor to execute an Access Easement between the City and Harvest Real Estate Companies,L.L.0 for the property located east of City Hall. C. Consider and act upon authorizing the City Manager to execute a proposal from Analytical Surveys, Inc. for an amount not to exceed$12,800 for surveying services related to the replacement of the west extension of the Muddy Creek regional sewer system. INDIVtIDUAL C NSII)ERATIQN 1. Move Zoning Case #2003-10 tabled from the 9-09-03 Council Meeting back to an action item and Consider and Act upon accepting the withdrawal from the applicant for a change in zoning from Single-Family Residential (SF 8.5/17) to Planned Development (PD) to allow joint residential and retail uses, located at 405 N. Ballard Street, being Lot 1A, Block 2 of the Russell Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-10). This item was tabled at the September 9 City Council meeting. The applicant has subsequently withdrawn the request. Executive Summary A Public Hearing was convened on September 9,2003 to consider the subject request. At the applicant's request,the discussion was tabled until October 14 to allow sufficient time for applicant and staff to resolve several issues related to the types of materials to be sold at the retail use and the design and timing of the required drive and parking. The applicant has subsequently requested that the request be withdrawn and no longer considered. Council should remove the item from the table and accept the applicant's request for withdrawal. 2. Consider and act upon approving a Resolution to nominate a member of the Board of Directors of the Central Appraisal District. Executive Summary The City of Wylie has 30 votes that may be cast for the Board of Directors of the Central Appraisal District. This is the first step of the appointment process in which nominations are accepted. Within the next month, the Appraisal District will inform the voting entities within the county of the names of the nominees. At that time, Council will be asked to approve a resolution as to how they wish the 30 votes to be distributed. 3. Consider and act upon a bid for the installation of trees in Community Park and the Meadows of Birmingham Park. Executive Summary Competitive sealed bids have been solicited for the purchase and installation of trees in Community Park and the Meadows of Birmingham Park. The scope of the contract will provide for all materials,labor and equipment necessary for the project.Alternate bids were invited for"balled and burlap"and container grown trees(preferred). 4. Consider and act upon a Resolution recommending two streets to be named after Jerry Wayne Combest and Lanny Earl Hale, respectively. Executive Summary The existing Subdivision Regulations allow the Council to consider individual street names on a case by case basis. The proposed Resolution would establish the street names of Jerry Combest Street and Lanny Hale Street,after two Wylie residents who grew up on Hilltop Street and were killed during the Vietnam War. 5. Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. Executive Summary Currently the Wylie Code of Ordinances does not set out responsibility for sidewalk maintenance and repair. Typically, municipalities require the adjacent property owner to be responsible for maintenance and repair, the theory being that the property owners use the property and should therefore maintain it. Staff reviewed the Codes of several municipalities and has included excerpts which are attached. READING dP O INANCES TITLE& CAPTION APPROVED BY COL CIL AS REQUIRED B WYLIE tartk RTE ,AR'TIC E ifi,SECTION f3-17 WORK SESSION: • Joint work session with the Parks &Recreation Board EXECUTIVE SESSIOl .: In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Act),Section 551. SS 551.072 Deliberation Regarding Real Property; Closed Meeting. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Discussion of Alanis Property CO NE I1 TO OPEC MEETIN Take any action as a result of the Executive Session. In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 10th day of October,2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of t•• ' exas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also . d to the Ci of'' ylie Website at www.ci.wvlie.tx.us C o e Ehrlich,C. Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, September 23, 2003 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALF.TG The meeting was called to order by Mayor John Mondy at 6:02 p.m. with the following council members present: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Randal Shinn. The following staff members present were; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Planning and Zoning Director, Claude Thompson, Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. INVOCATION& PLEDCE OF ALLEGIANCE A Moment of Silence "In Memory of Joel Scott" former Councilman and Friend Reverend Jerry North of the First Assembly of God Church will lead us in Prayer A moment of silence was taken in"Memory of Joel Scott"former Councilmember and Friend after which Reverend Jerry North of the First Assembly of God Church lead the prayer. Mayor Pro Tem Eric Hogue led the Pledge of Allegiance. CITIZENS PARICIPATICIN; • There was no one present to address the council. C©r1SENT AGE1DPt All matters listed under the Consent Agenda are:;considered i s be routine by the:City Council and will be enacted by:one m otion sThere;will not be separate:discussion of these items.;if disco0on is desired,that will Ise removed from tie Consent Agenda a 1d will he co sidered see aarately. A. Approval of the Minutes from the Regular Meeting of September 9, 2003 B. Consider and act upon a Final Plat for the A&W Properties Addition, being all of a certain 25,629 square feet (0.5884 acre) tract of land, generally located north of F.M. 544 and east of Springwell Parkway, as described in a deed to Peter Parks, recorded in Volume 2152, Page 502 of the Deed Records of Collin County, Texas (DRCCT), and also being described as Lot 10 of McCord's Little Six Addition, an unapproved plat recorded in Volume 1002, Page 447 of the DRCCT, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. C. Consider and act upon a Preliminary Plat for the for the Alanis Addition, being all of a certain 5.201 acre tract of land, generally located east of Ballard Avenue and north of Alanis Drive, as described in a deed to Whisenant Properties, Inc., as recorded in County Clerk's File No. 97-0054771 of the Deed Records of Collin Minutes—09-23-03 Wylie City Council Page 1 County, texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. D. Consider and act upon a Development Plan/Preliminary Plat for the Woodbridge Phase 9 Addition, being all of a certain 49.718 acre tract of land, generally located south of Alanis Drive and west of Sachse Road, and being a part of the remainder of the 411.15 acre tract of land described in a deed to C.J. Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Collin County, Texas and being a part of the remainder of the 199.3963 acre tract of land described in a deed to Woodbridge Properties, L.L.C., as recorded in County Clerk's File No. 97-0032076 of the Deed Records of Collin County, Texas and being situated in the Richard Newman Survey, Abstract No. 660, City of Wylie, Collin County, Texas. E. Consider and act upon Ordinance#2001-30 ratifying the findings contained therein. F. Consider and act upon Ordinance#2003-23 abandoning an alley in Block 7 of the Brown and Burns Addition and declaring it is no longer necessary for a public purpose. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman J. C. Worley to approve the consent agenda with one change to the minutes changing the word park to playground on page 7. A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION' 1. Hold a Public Hearing to consider and act upon a change in zoning from Community Retail (CR) to Planned Development District(PD) for Retirement Housing,being a 7.643 acre tract of land generally located south of State Highway 78 South and west of Mardi Gras Lane, and being a portion of the 5.232 acre tract of land described in a deed to Ross S. Bagwell and Paula D. Bagwell, Agland Chemical Money Purchase Plan and Agland Chemical Profit Sharing Plan, as recorded in County Clerk's File No. 94-0078165, Deed Records of Collin County, Texas (DRCCT), and being a portion of the 20.01 acre tract of land described in a deed to Bariatric Care Center of Texas, Inc., as recorded in Volume 4621, Page 1555 of the DRCCT, and being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case 2003-11) Staff Comments Mr. Claude Thompson addressed council stating that the applicant is requesting rezoning to a Planned Development (PD) District in order to allow construction of a retirement residential complex restricted to senior citizens, including 150 attached dwelling units and common community center. Every apartment must contain at least one person who is 55 years of age or older, and minor children are not allowed. The subject property totals 7.643 acres, reflecting a gross density of 19.63 dwelling units per acre. However, development will be confined to a 5.139 acre parcel, reflecting a net density of 29.3 dwellings per acre, with the remaining 2.504 acres to remain undeveloped open space. Traditional apartments as well as Assisted Living for seniors are allowed by right within the current Community Retail zoning when included within multi-use structures, but the proposal anticipates no such mixed uses and can be permitted only by Planned Development District. The proposal will contain only 2-and 3-bedroom suites and all dwellings will have full kitchens. The Conditions of the PD propose several variances from the standard regulations of the Zoning Ordinance, including,taller buildings, smaller setbacks, less masonry on exterior walls and reduced parking. The property's limited access and visibility limit its potential for the retail uses for which it is currently zoned. The Planning & Zoning Commission recommends approval, while staff recommends Minutes—09-23-03 Wylie City Council Page 2 denial of the requested rezoning. Public comment forms were received from eleven (11) property owners within 200 feet of the request, with four favoring and seven opposing the rezoning. Consultant/Developer Comments Mr. Karl Crawley of 500 S. Ervay, Dallas, Texas, a consultant representing the applicant stated that the development would be a senior housing project and not a traditional housing project. He also explained a survey that had been done on parking availability in other cities for like developments already in existence. He stated that the parking, according to this survey was adequate for this proposed development. A vehicle would be on site to take persons living in the development to doctors, stores and other locations. He stated that he found in the survey that 50%of the residents would not have vehicles. Mr. Crawley explained that the 80/20 mix for the masonry would be an exception that the development would need. He explained that the apartments would rent for around $600.00 to $700.00 per apartment to make it affordable to persons on a fixed income. Mr. Biff Johnson asked Mr. Crawley if the city approved the zoning change, would the developer be coming back to the city for support to get the lending phase of the project through the state agencies. Mr. Tony Sisk representing Churchill Residential (applicant) addressed council stating that the only support needed from the city would be for support of the payment in lieu of taxes portion of the funding. Council Discussion Councilman Worley asked why staff recommended denial. Mr. Thompson stated that staff recommended denial based on the fact that by definition the proposal was for Multi-Family Development rather than Planned Development and the density is significantly higher than the city has ever allowed for Multi-Family Zoning. Other issues that staff had were the parking,the number of stories and the closeness to the residential properties. Mayor Mondy asked why the facility had only two and three bedroom apartments and not one bedroom apai lments which would be designed more for senior living. Mr. Thompson stated that staff had some questions pertaining to this issue as well and were told that the extra bedrooms could be used for guests and office space within the apartment. Councilman Shinn asked how long the zoning change if approved would last if the property was sold and someone wanted to convert the proposed development into apartments for multi-family use. Mr. Thompson stated that the zoning went with the land and the new land owner would have to come back to council to change the zoning. Some discussion by council addressed several issues pertaining to: lack of a hospital in Wylie, lack of a mass transit system, lack of 1 bedroom units, and affordability of the proposed housing to the elderly. Public Hearing Mayor Mondy opened the public hearing at 6:50 p.m. asking anyone wishing to address council to come forward and state their name and address for the record and keep their comments to 3 minutes. No one was present to address the council. Mayor Mondy closed the public hearing at 6:51 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to deny the zoning change from Community Retail (CR) to Planned Development District (PD), ( Zoning Case 42003-11). A vote was taken and passed 7-0 Minutes—09-23-03 Wylie City Council Page 3 2. Consider and act upon a Payment in Lieu of Ad Valorem Taxes Agreement with PWA-Wylie Senior Community, L.P. Council Action Based on the denial of Zoning Case#2003-11,there was no action taken on this item. 3. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 (SF-8.5/17) to Townhouse (TH) District for residential uses, being located at 414 N. Jackson Avenue, and being Lot 3A, Block 2 of the Russell Addition, and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. (Zoning Case 2003-12) Staff Comments Planning and Zoning Director, Mr. Claude Thompson addressed council stating that the applicant is requesting rezoning from Single-Family 8.5/17 to Townhouse (TH) in order to continue redevelopment from detached single- family homes to duplexes, similar to the recent pattern to the west side of Jackson Street. The subject lot is vacant, and is of sufficient size to accommodate the proposed duplexes. The property must be re-platted prior to issuance of a building permit. The Planning &Zoning Commission and staff recommend approval of the requested rezoning. Public comment forms were received from three (3) property owners within 200 feet of the subject property, all favoring the request. Developer Comments Larry DeBerry representing L.G.D. Properties addressed council stating that the projects his company had done in the City of Wylie previously were done to the high standards his company is known for. He stated that the proposed duplexes would only enhance the existing area. Councilman Trout inquired about the landscaping to other projects Mr. DeBerry had done. Mr. DeBerry stated that there would be grass on the properties. Public Hearing Mayor Mondy opened the public hearing at 7:00 p.m. asking anyone wishing to address council to come forward and state their name and address for the record and keep their comment to 3 minutes. There was no one present to address council. Mayor Mondy closed the public hearing at 7:00 p.m. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Trout to approve Ordinance #2003-24 (Zoning Case #2003-12), changing the zoning from (SF-8.5/17) to Townhouse (TH). A vote was taken and passed 6-0 with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Shinn, Councilman Trout and Councilman Young voting for and none against with Councilman Worley absent for the vote. WO S SSION • Discuss new sign regulations Mayor Mondy convened into work session at 7:05 p.m. Minutes—09-23-03 Wylie City Council Page 4 Staff Comments Building Official, Dale Jackson addressed council showing a short power point presentation regarding signs used in other cities to direct citizens to the new homes in a development. He stated that some cities were using panel (kiosk) signs in lieu of the small row directional signs. These larger panel signs would list several companies in the area with homes for sale along with the designated direction arrows. He stated that there was some interest by the Home Builders Association of Greater Dallas to construct and maintain such signs within the city. These panel signs would be approved by council and carry a two year permit, after which time the company would be required to re- submit a new application to allow the sign to remain for an additional two year period. Council asked who would be responsible for the maintenance of such signs. Mr. Jackson stated that the person applying for the permit would be responsible for the maintenance of the approved sign. There would be a time period in which the repairs would have to be completed. Councilman Trout asked how the re-application process would work for companies wishing to leave signs up for an additional time period. Mr. Jackson stated that once the initial two year period had expired, the city would send notice to the applicant explaining that the applicant could apply for a new permit to leave the sign up for an additional two year period, if approved by council, or would be responsible for removing the sign within a designated time period. Mr. Johnson stated that other changes within the proposed new sign ordinance included: increased size allowed for attached signs, increased square footage from 300 square feet to 400 square feet, the allowable sign list has been expanded to include all signs to conform to state law, the Construction Code Board would hear all sign variances rather than the Board of Adjustment as is currently done, and non-conforming sign verbiage has been changed to conform with state law. RECOi'�T I1El�lE T+[)REGULAR;SSIOI� Mayor Mondy reconvened the regular session at 8:10 p.m. 4. Consider and act upon Ordinance #2003-14, adopting new sign regulations, repealing Ordinance #2002-27 and repealing all conflicting ordinances. Mr. Paul Cauduro representing Home Builders Association of Greater Dallas addressed council stating that his association would like to give support and input into the smooth transition from row directional signs to the panel signs. He stated that at some point his association would like to propose to be the third party administrator of the new sign program. Mr. Cauduro explained that the transition would take approximately one year and his recommendation to council would be to phase out over time the directional signs until the panel signs could be fully implemented. Persons representing local builders spoke to council reiterating their desire to retain the directional signs. Council Action A motion was made by Councilman Worley, seconded by Councilman Shinn to table this item for 45 days to obtain additional information. A vote was taken and passed 7-0. Minutes—09-23-03 Wylie City Council Page 5 5. Hold a Public Hearing to consider and act upon adoption of revisions to the Comprehensive Zoning Ordinance of the City of Wylie, Collin County, Texas. Planning and Zoning Director, Claude Thompson addressed council stating that in February of 2002, the City Council adopted a new Zoning Ordinance, significantly revising the previous Ordinance which had been in place since 1985. Since their adoption, administration of the new regulations have identified certain areas in need of revision, including exterior materials for residential uses (Section 3.4.F), the size and materials for accessory buildings (Section 2.5.D), the permitting of Temporary Uses (Section 5.5), and the allowance of some building encroachments into required yards (Section 2.5.E). Section 211.006 of the Texas Local Government Code requires that the governing body hold a publicized public hearing before adopting zoning regulations. The Planning & Zoning Commission and staff recommend adoption of the revisions as proposed. Public Hearing Mayor Mondy opened the public hearing at 8:25 p.m. With no one present to address council on this item, Mayor Mondy closed the public hearing at 8:25 p.m. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance #2003-25 adopting revisions to the Comprehensive Zoning Ordinance of the City of Wylie, Collin County, Texas. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE && CAPTIOJtN :APPROVED EY COUNICIL AS REQUIRED BY WYLIE CI'T'Y CHARTER ARTICLE III,;SECTI JN 1.3-D City Secretary, Carole Ehrlich read Ordinance#2003-23, 2003-24 and 2003-25 into the official record. Mayor Mondy recessed the Regular Session into Executive Session at 8:30 p.m. EXECUTIVE SP'SSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551. Section 551.071, Government Code. Meeting with city attorney to receive information pertaining to a personnel issue in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. RECONVENE IT# OPEl MEETING Take any action as a result of the Executive Session. Mayor Mondy reconvened in open session at 9:00 p.m. There was no action taken as a result of executive session. Minutes—09-23-03 Wylie City Council Page 6 ADJ.URN ENT . With no further business before council the meeting was adjourned at 9:01 p.m. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—09-23-03 Wylie City Council Page 7 WYLIE CITY COUNCIL AGENDA ITEM NO. B. October 14, 2003 Issue Consider and act upon authorizing the Mayor to execute an Access Easement between the City and Harvest Real Estate Companies, L.L.0 for the property located east of City Hall. Background The proposed access easement will allow access from City Hall to the east and subsequently to the Wal-Mart site as shown on the attached drawing. The expansion of SH 78 to a four lane divided thoroughfare greatly limits two-way access to adjacent properties. The median openings for the extension of SH 78 have been submitted to TxDOT for approval and are located at the Wal-Mart site, the eastern drive of City Hall and at a point approximately half way between Eubanks and City Hall. Because of the limited access, cross access is being established as the Retail/Commercial properties develop along SH 78. Other Considerations N/A Financial Consideration Construction of the drive will be the responsibility of the developer. The City has no financial responsibility for establishment of the cross access. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the proposed Access Easement. Attachments Access Easement Site Plan SH 78 preliminary plans Prepared by Rev ed by Finance City M ger pproval AFTER RECORDING, RETURN TO: DRAFT ACCESS EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That the City of Wylie, hereinafter called "Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by, the Harvest Real Estate Companies, L.L.C., hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does hereby give, grant, and convey unto Grantee, subject to the terms and provisions hereinafter stated, a non-exclusive easement for vehicular and pedestrian ingress, egress, and access over that portion of Grantor's land located in Collin County, Texas,being approximately 0.0572 acres out of the Francisco de la Pina, Abstract No. 688, and being more particularly described on Exhibit "A", attached hereto and incorporated herein for all purposes (the"Easement Property"). The purpose of this easement is to provide access from Grantee's Property, and is for the benefit of Grantee, its successors in interest, their tenants and the customers, employees and invitees of any of the foregoing. This easement does not include the right to park vehicles on Grantor's Property. Grantor grants Grantee a temporary easement to enter onto Grantor's Property to the extent reasonably necessary to construct the improvements. With regard to any entry or work conducted by Grantee on the Easement Property, Grantee shall, to the extent permitted by applicable law, indemnify and hold harmless Grantor from any loss or damage, including costs, expenses and attorney's fees resulting from such entry or work. Grantor reserves the right to grant additional easements over, across, and within the Easement Property as long as the use thereof does not unreasonably interfere with the use of the Easement Property or Facilities by Grantee. This instrument shall not be considered as a deed to said Easement Property or any part thereof, and the right is hereby reserved to Grantor, its successors and assigns, to use such Easement Property in such a way that it does not interfere with the Grantee's use of such Easement Property. If Grantee is unable to access the Easement Property due to physical barriers or conditions, then the Grantee, its successors and assigns, shall have, and are hereby granted, the right of ingress and egress over that portion of the servient estate within fifteen feet (15') of the Easement Property as is reasonably necessary to and for the limited purpose of accessing the Easement Property herein granted. There are no liens, attachments, or other encumbrances which will affect the title or right of the Grantor to convey the Easement Property to the Grantee for the purposes described herein. TO HAVE AND TO HOLD the Easement Property unto the Grantee for the purposes herein set forth, Grantor hereby binds Grantor, Grantor's heirs, executors, administrators, successors and assigns, to warrant and forever defend the easement and rights granted herein unto Grantee, its successors and assigns against every person whomsoever lawfully claiming or attempting to claim the same or any part thereof, by and through Grantor, but not otherwise. The easement and rights granted herein are expressly made upon the following conditions, which shall be binding upon the Grantee, its successors and assigns: The Grantee, its successors and assigns, will at all times, after doing any work in connection with the construction, reconstruction or repair of said Facilities, immediately restore said premises to as near as is practicable to the condition in which they were found before such work was undertaken, and to pay to Grantor monetary damages in the event restoration of the premises is not possible. WITNESS THE GRANTOR'S HAND to be effective as of the day of , 2003. GRANTOR: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2003,by . Notary Public, State of Texas 09/29/2003 13:16 9723809515 HARVEST REAL ESTATE PAGE 03/03 Exhibit"B" to ia1.9 e CAPPED RCH EBBARR STAMPED Ce'� Cam,lzaw "NH LAND SURVEYING" R M N co m City of Wylie L� U Pa Volume 2216,Page 990 c u F' D.R.C.C.T. o M. cn U z 31 //17- /1 '':/.7/ U S88°31'13"E //4/�7.9 ''/, r /f /� _C 2,493 / Square Feet L�1 f 3 / /// �D/,/ cae; O / A 47.90' N88°31'04"W Point of Beginning FOUND 1/2 INCH REBAR Exhibit Showing 2,493 Square Feet State Highway 78 in the Francisco de la Pina Survey (Variable Width RO.W.) Abstract Number 688 City of Wylie, Collin County, Texas Sketch showing,to the best of my knowledge and belief,an accurate delineation of field survey and office computations performed by me or under my supervision. N i l"[ ,://.2 •JONP:'.::•a '_ • •'S 5478 r , 1 .1 P, oebelh 'nrich l'!o r • Registered Professtomal , Pea 9�.4O� Land Surveyor No.5478 .., 8uHVt=,. Harvest Real Estate JPH Land Surveying Inc. Seale: l"=20' PROJECT No: 2002.072 200 North Rufe Snow,Suite 123,Keller,Texas 76248 Tel: (817)431-4971 Fax: (817)337-2876 July 31,2003 09/29/2093 13:1E 9723Rrtqi c, HARVEST REAL ESTATE PAGE 92 93 Exhlbxt"A" Legal Description Being a tract of land situated in the Francisco de la Pits Survey,Abstract Number 688 in the City of Wylie,Collin County,Texas,said tract of land being a portion of a parcel of land deeded to the City of Wylie as described in Volume 2216,Page 990 of the Deed Records of Collin County, Texas,said tract of land being described as follows: BEGINNING at a found 1/2 inch rebar at the southeast corner of said parcel of land deeded to the City of Wylie,said found 1/2 inch rebar also being at the southwest corner of Lot 1,Block C, Woodlake Village according to the plat recorded in Cabinet a Slide 385 of the Flat Records of Collin County,Texas; THENCE NORTH 88 degrees 31 minutes 00 seconds WEST,along the South line of said parcel of land deeded to the City of Wylie,a distance of 47.90 feet; t HkNCE NORTH 01 degree 29 minutes 00 seconds EAST,a distance of 52.05 feet; THENCE SOUTH 88 degrees 31 minutes 13 seconds EAST,a distance of 47.90 feet to a point on the East line of said parcel of land deeded to the City of Wylie and the West line of said Lot 1,from said point,a set 5/8 inch aluminum capped rebar stamped"'PH LAND SURVEYING"at the northeast corner of said parcel of land deeded to the City of Wylie and the northwest corner of said Lot 1,bears NORTH 01 degree 29 minutes 00 seconds EAST,a distance of 825.37 feet; THENCE SOUTH 01 degree 29 minutes 00 seconds WEST,along the East line of said parcel of land deeded to the City of Wylie and the West line of said Lot 1,a distance of 52.06 feet to the POINT OF BEGINNING,containing 2493 square feet. The basis of bearings for this description is the East line of a parcel of land deeded to the City of Wylie as described in Volume 2216,Page 990 of the Deed Records of Collie County. (S 01 deg. 29 minutes 00 sec W) g��f s Y Ad!' - JoN Pmceesitirlert• J Hoebelheinrich M 3 o `+ Registered Professional R'tg ego • - Land Surveyor No.5478 G SUBVE'ia Date: July 31,2003 CU 15L phei.as A city(W Iie Aes�.dae J Radius=1970.00' Arc Length=187.977 w E Delta Angle=05.27'54" ___�� w,Block➢ Chord Length=187.83'\ �- Chord Bearing=N79°OTOB"E Cabinet G.Slide 385 403.16 Line Table s P.Rcc.r. �l 'The delta angle 1s incorrectly stated . sNLIMBER I3.101MN 38.02.DISTANCE /io Can Iao N81's7 OS'ET On:he Original pla[a13°IO'I S" u s16n31°w s]_BT'/ 'E MAT- / \ � I �� abnm G.9lhJef U N8a•11 I] 9i-- IIPRCC.T. S 588J IfE I8.3Sink:I•.60 =----_,_------. 15LI tl anmal of l0 Ue.y Easement(153 I ' $2gl �� 26,Pe ai 20R" me RRC.C.T -=--II! \ tiCabmatG Slide 385 Cente[ iOa1tiDe / Cit Build,,3hlay'R y .' / P,t7 / xic..r. Radius=1450.00' curve Table NUMBER DELTA.ANGLE CHORD DIRECTION RADIUS IARC LENGDg CHORD LEVGT/ • Arc Length=333.60' CI 65°Sa59 Swr2,MINV 10, a 2' ]'� Delta Angle=13°10'55"• CZ t;36°,3'11'E��, ) ' I Chord Length-332.86' c �s nW roe°z4^s-E 20ua 26.51. 21.61' )' i a'j / Chord Bearing=SOS 06'i l"E w 50�, 63°22'S5 N31•IS'13�v 55.11' S3.53' I rlPema C.! II CS e•2"'a6 S]]°14'S1'w S.W la8 2.a6' %`MU.,Easement 'b4"e / C6 61°3T1a Sm°IaN°W T.59 / • Cabin c,s0@lBs C7 90°OflW Sa6°ze'fYw 35.00 549a i / P.RC<.T. yt Ca 90V000 S13°31'IS°E OO 94.25 P \25'Bekiug Lee C9 9060.0 NO3.31'13MV 000 1'.71 1 Cabinet G,Sr4385 p8u�gLine CIO 90,1000 '28617,' 30.00 4 IS 22.43' « -GCT Obinn G.Slick 385 CII "Wtl0 N6T3MIEN NY. MAN 28.28. P.RCC.T. CI WNW. Ill'13'E 1500 Sa.% CI3 543°31'll"E 3300 54.9RMN 19.50 C. 90E0000 N16°28'4]R 35 W _�,% M.50 C15 90°WW °28YTE 35.00' 19.50 94'l 31111.E 50 33.7T CI] 90°0123 'N'E 2IJ0 33.78. 30.1, 20 Drum Be Ememmt I C1 2I. IJ316' Cabmn G.Slide lYS Ct9 S49284 9000. 37. w ISa 53.03 -' P.0.CC.T. Lot IR-1 18935 Acres - _- I Wm vet Rol..Bod«u Trust 3 Nwa Volume 52.,P. 01 D.RC.C.Te3 .^+ I.All 'M amen are an 59 inch aluminum capped mbar atemped-Ian LAND StfIevEYO.'G' SUSSEC.T - r.4. unless noted . a.....hmemem ..385 2.TM Pas,or beategs Mr MD surrey ie we Souls line of Lot I.el.nk Crrwu,dlake V i.,n �� I �� Lo[1,Blockeminw e.swe3as ofiac� aTeem aiea«wmYba.e Peet r«we.ImC.s�e G.Slide 185 of Me Pm R«obr a� olio C.a./um,rate C' F� Woodlake Village �AL WART.' 3.Tide encumbrance�h Mom,dm product era commitment r«Date insurance,vol.by 1 Cabinet G,Slide 385 Fidel,Nava Two k mince CamPnr.GP No.31192um,tamed aq I],tom am ercemK 3wrn>��d,2002.No.mmmb r«my ee+®na...team«wer m.,®enq eiram,«omed« HALL P.R.C.C.T. I wnp,o,med tuber than Mat Pmvidee by said Immnee Comp,.Therefore,locomen MQ�,L, mare at that atlem.subject PmPaM�are not reflected on Wie,urrey. "I , ,•I .0 V 1.Yl4n a portion of0uaddition by me and bounds u °Mn m a violadm deity a Sine law and is eubjs fin al withholding ofuws titid®nd buddies,niw. Lot IR-3 5.311 Acres i I° R R B vmmre,LP. 38803,13"E 1 Q I VabmN5A66.C.T.1559 R 30A«evEaem¢nt a2<.6r � YA 82d63' (perdue Phil 9, Y I1 3e!i-.ei!LI N8863113°9/ tC \ \\_I __ __ _� __ __ _. __ __ ._ __ II 4 STATE HIGHW Y78 a r. °mirage Channel Earemen� cvrv0xAlx ti r�1°2a4]'W "'P.P G,C.T.385 S83°74'I I'E'111 __I- ..l 116' RRc.cT. r v'� 347.6I' 1 IramsNeap l 1735a _ ma1�.Myro Page n =I b'ea°31.36"E 3949. II; S8M31'13"E �� "S1• Re lot Lot 1R-0 S:.-3,1l-E p �Y a Of bss "'�31'13°w Lot 1R-1,Lot 1R-2&Lot 1R 3,Block I.034.4cre 4 I>_o Lot 1R- R f m/ ev na,LP. 1_028 Acre _ II/,•/ '�Q I ^ I (" Woodlake Village ,k Volume SI66.Page 1559 vm JI ; //' v I oI R D.Ri C.T. 0.mS366,P, 15 1"" € F z Volume R.C.urge 1e,v tu Lot 1A-2 l NE T 3 being a replat of Lot I,Block C,Woodlake Village r S m^ DxccT. L065 Acre _ e I46 ro an addition to the City of Wylie,Collin County,Texas ` r_ I m �e z96 Paee 3zc5 I 21 I as recorded in Cabinet G,Slide 385 of the Plat Records of e IR 50 Bull,Lee N6 a �3 zI�^ D0.CC'.T. z = Cab.G.Slide ,P.R,C.CT. liry Easement I g Collin County,Texas-27.37 Acres-Zoned CC l / tee/ 2 - I z�e G.Slide 385 =1 r .�7R/�i/- ��arS / set Budding Line,Cab.asloe ..P.Rccr. II j�� cr J1 r / ) - Page1of2-August 2003 1 I v _�- - -- ' ' sae°nu"e_ �-...,,. ._.. I / P 13. ?RoposET S EX167i,J61 Aesss EAseV4E-Arr Viserisnlrr (peg- PLAT? CITY f}ALL — 1 Su3TEGT 114, przpPosEj EAhEncrur I o.� — Pi o + O II-" - --. -.-- .I Existing R.O.W. _ a -}5( _ — in ro ,/4 K'+ m o al --_ 19.5' NIeC. 7.5' N to — _ _ < —•—-. •—..-- _ _ 1DOCU4EN1 1NCpl L"cTEs NOT INTENDED FOR PERMIT. BIDDING n E Ist lnq R.O.VI. OR CONSTRUCTION. ENGINEER. JEFFREY S. GROUND P.E. REGISTRATION NO., 82648 DATES 07/15/2003 100' 50' 25' 0' 50' look' L LL I HORIZONTAL SCALE IO' 5' 2.5' 0' 5' 10' IOW I I VERTICLE SCALE Wff W. m mu l um 08..0 ev I 1 1 I I I { I1 545 _' K 'II . look.OC' V-C. 535 535 540 ELEV. • 531.521 -_ PVI STA • 583.00 EX IS Iso GROL ND 4t m Q m m -0.407. - � _ .. -_ _ _ ELEV. 529.300 m 530 -q 65; _ — _- — < v a.,_• 591•.G_ _.. -_ 535 �n ww v`i L'��' .0.}5'/. _ ---. Ir.Js-.I-u.J rr.� _ _ . -0.3-2 VOL 0 I 525 ELEV. •I 528.25 _ 530 t Pvi 5-. z¢6•nn 1 525 71 mw K •I139 ✓tw 520 - 'Ioo.oat v.c: 520 525P I on Profile 15 520 1 515 Sheet 'In 5 I S s l 0 eras DeAMmrV co'7ronsm-lartm p 2003 Scale NsI'•I00' III I vr•10• 5 0 - m ry_ � dm eEr''01 rrxn.�.a lS89.o. w. m� 2 6 ' SaTP 200I 15697Lw1 ai �r•_ in �n or sr qn ut m cri TEXAS DAL COLLIN 585.00 N 590.00 595.00 JOB JOLT 15. 2003 - 028*I 02 048 NSH'78 1 ' 1I ii _.. i i o, I z �w ' O Ezi St inq R.O.W, I 5 88• 32' 05.66' E - O ' v -19.5 Lied -•• . _ -..,/I/- . . c - a ..._ _.... m \ 600.00 19.5' med. r' r'—————r —--- 605,00 — ————— -- 0 N N In R30' __. __....._ t 1 I I - DOCUMENT INCOMPLETE, NOT INTENDED FOR PERMIT, BIDDING OR CONSTRUCTION. I r I j ENGINEER. JEFFREY S. GROUND I j P.E. REGISTRATION NO., 82648 I 1, DATE,07/15/2003 100' 50' 25• 0' 50' 100' NOR IZONTAL SCALE 10' 5' 2.5' 0' 5' IO' vERTICLE SCALE Awe mua m. mw MU mm�rvsi - 1 I F 1 l 4 K • 165 ,_ 535 Ilo.00• v.c. _ _ krr 535 i• N V., N N E%IST NG GROU D 0 Q 530 -- _- <_ _ _ •�- -0.03Z 530 1- :it' •0130Z • - '- - -- -O.37%T.0.30Y.N W -- __ _ P;L e f 525 525 Cl EV. 527.45 PSI STA. • 596.00 520 P I an 520 Profile �'� I `IS Sheet I 5 1 0 51 CI ,..rL U .n;s0 am5mr d 1',asco•lollon U m 2D3 Scale N,I••I00' I v,Imo•10' . ,n ¢ ,n_ r n I 6•TE'S�TP 2001(589�MN �� '"I" TEAS OALST I COLLIN 595•00 600+00 605.00 '��•••«u. 02BI 502 048 SN 7B JULY 15. 2003 BY OTHERS _._.._.._._ . . j.. - .._. ' ._.._. O 0 _._s. T'_ __ __ _ 19.5' Mach -.--I- __ oCO v o \ seo•oo r— I m m. +v RIO. a - Ln .7 7' u 0 p I — orb= moo -- o o o I"-' DOCUUENT INCOLIPLETE. NOT (� y a Sao - __r EKist ln0 R 0.w. � !._.._ _.:= 1z,a �•--., 7 ' q. V) INTENDED FOR PERM!T• BIDDING '" / o Exist lnq R,O.W.- O , o < - _ - AI ---- o ----- OR CONSTRUCT ION. n < Fn i- ^ - ^ ^ ^ ENGINEER. JEFFREY S. GROUND Ln P.E. REGISTRATION NO.. 82648 DATE.07/15/2003 a N ..._ 100' 50• 25' 0' 50' 100' _ L� I i �-o HORIZONTAL SCALE BY OTHERS, 10• 5' 2.5' 0' 5' ICY I�_L_�I I I _ __..._ VERT ICU SCALE mr rxu we mrmary I I I I I I I I 545 545 540 2 Y'2 540 N _ a EXISTING dOUND a C 535 _ f - _ _ _.. _. _, —I - _.- ( 535 PG_w I -_ ._ _. _ fL 530 530 I Plan 525 525 Profile Sheet 520 d 520 W.-.- I0 200 atcrirsyv d TrwttAa-IO/m 515, I I Scale H.I••i00' r ^. N N N 5 15 vEOEP.L200 PROJECT w. rE6 r SW ' r•I - �6 SCTP 2001 t589)AM I� 5 I 0 ,n.. r'' ,N7.2 h ,.rE T.I Cw.. 510 TEXAS GAL COLLIN 573.00 575.00 580.00 awl'0281 IEECT 02( 0JOR48 MSN L78 JULY IS. 2003 WYLIE CITY COUNCIL AGENDA ITEM NO. C. October 14, 2003 Issue Consider and act upon authorizing the City Manager to execute a proposal from Analytical Surveys, Inc. for an amount not to exceed $12,800 for surveying services related to the replacement of the west extension of the Muddy Creek regional sewer system. Background The proposed Muddy Creek Regional Wastewater System connects the City of Murphy and the City of Wylie to the new regional Wastewater Treatment Plant (MCRWWTP). Portions of the northwest, northeast and middle sections were constructed in 1998 prior to the development of Woodbridge Golf Course. Design for the extensions of these lines is complete and was funded in the 1999 Bond and is included in the sewer impact fees. Currently, the Muddy Creek Regional Wastewater System is largely owned by the City of Wylie. The Cities of Wylie and Murphy have approached the North Texas Municipal Water District (the District) about including the gravity sewer lines in the Muddy Creek system, which would transfer ownership and maintenance of the lines to them. Any money spent to date on the installation or design on the sewer lines would be reimbursed or credited to the Cities. Details of the contract are being discussed with the District and will be presented to Council at an upcoming meeting. The west extension is currently an 18-inch diameter sewer, however, future wastewater flows for Murphy and Wylie indicate that a 36-inch diameter sewer main will be necessary. The estimated construction cost for the west extension is $456,000. Council authorized a contract for engineering services for the project on July 22, 2003. The proposal includes services to establish current ownership and boundaries to describe the various easements within the tracts. Most of the tracts were platted with the development of the Premiere Business Park and there should be very little easement research necessary, thereby greatly reducing the cost of the surveying services. Financial Considerations A summary of fees is shown below: Summary of Fees Easement Research ($800/tract) $6,400 Field Survey $4,000 Legal Descriptions and Easements ($300/tract) $2,400 Total $12,800 The 1999 Bond included $1,180,000 for the design and construction of the Muddy Creek Outfall Sewers and approximately $70,000 has been spent to date. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Consider and act upon authorizing the City Manager to execute a proposal from Analytical Surveys, Inc. for an amount not to exceed $12,800. Attachments Proposal from Analytical Surveys, Inc. Prepared by Rev ed by Financ City Ma g:•er Approval Analytical Surveys, Inc. JOB#73118-03 PAGE 1 OF 1 707 Easy Street Garland,TX 75042 (972)272-6287 Main (972)272-8407 Fax SURVEY PROPOSAL Date: 07-30-03(Revised 10-07-03) Attention: Chris Hoisted c/o Paul Duncan City of Wylie Phone#: 972-380-4646 2000 Highway 78 North Fax#:972-380-4633 Wylie,Texas 75098 Project: City of Wylie—Muddy Creek West Sewer Extension Property Location:Area to include tracts lying between Hensley Lane and S.H.78 and lying West of Sanden Boulevard,Wylie,Texas. Descripton of Services: I. Establish current ownership and boundaries of approximately 8—12 tracts sufficient to describe various easements within said tracts. Estimated Costs: Not to exceed$800 per tract II. Locate existing sewer easement to establish the center of proposed easement for topo 30 feet on either side for approximately 4,000 feet to include the following: a) Location and grades on all visible utilities and ground shots on 50—70 feet sections; b) Establish elevations of existing sewer manholes and flowlines of manholes at appropriate locations; c) Prepare cad drawing showing boundaries of existing and proposed sewer lines with topo and utilities as mentioned above(4,000±linear feet). Estimated Costs: Not to exceed$4,000.00 Ill. Prepare legal descriptions and easements(8—12 tracts)of proposed easement area in each tract. Estimated Costs:$300 per tract Notes: 1) Vertical datum will be based on TXDOT Benchmark or NAVD 88'; 2) This price assumes that documents for existing easements will be provided by the City of Wylie. (Abstracting for easements,if necessary,will be at hourly rates listed below). 3) Any additional offsite work will be billed at hourly rates below. Hourly Rates: $ 65.00/HR=Office—drafting,research,computations,etc. $110.00/HR =2—Man Crew Terms: To be paid within 30 days upon date of invoice. Client Information: Please print name of person/Company responsible for Payment: Title: Signature: Date: CREDIT CARD AUTHORIZATION(optional): Print Name of Card Holder: Credit Card Number: Expiration Date: Select a Credit Card: Master Card Visa Card Holder Signature: Today's Date: ***FOR OFFICE USE ONLY*** AUTHORIZATION NUMBER: **We will begin working on the above-mentioned services as soon as we receive this signed proposal. You may fax your proposal at(972)272-8407.Please do not hesitate to contact us with any questions you may have. We thank you for your business and look forward to working with youl WYLIE CITY COUNCIL AGENDA ITEM NO. 1. October 14, 2003 Issue Move Zoning Case#2003-10 tabled from the 9-09-03 Council Meeting back to an action item and Consider and Act upon accepting the withdrawal from the applicant for a change in zoning from Single-Family Residential(SF 8.5/17)to Planned Development(PD)to allow joint residential and retail uses,located at 405 N. Ballard Street, being Lot 1A, Block 2 of the Russell Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-10). This item was tabled at the September 9 City Council meeting. The applicant has subsequently withdrawn the request. Background A Public Hearing was convened on September 9, 2003 to consider the subject request. At the applicant's request, the discussion was tabled until October 14 to allow sufficient time for applicant and staff to resolve several issues related to the types of materials to be sold at the retail use and the design and timing of the required drive and parking. The applicant has subsequently requested that the request be withdrawn and no longer considered. Council should remove the item from the table and accept the applicant's request for withdrawal. The applicant is requesting rezoning to a Planned Development (PD) District in order to allow initially the operation of a gift shop on their residential property and the ultimate operation of a Bed & Breakfast Inn within the family home. The subject property is currently zoned Single-Family Residential(SF 8.5/17)District, having been rezoned from Single-Family 2 (SF-2) District in February of 2002 with the adoption of the revisions to the Zoning Ordinance and Map in February of 2002. Both the current SF 8.5/17 and the previous SF-2 Districts allow residential uses on lots of 8,500 square feet or larger. Retail uses are not allowed within either of these residential Districts. Bed and Breakfast lodging was not a specified use within the previous Ordinance but is allowed within some residential and nonresidential districts of the current Ordinance. The Russell Addition is one of the oldest subdivisions within Wylie, and the subject property was initially platted as part of Lot 1, Block 2 which was approximately one (1) acre. The lot has been subsequently divided and Lot lA currently totals approximately 20,385 square feet(0.47 acre)in size. It is developed with a wood two-story Victorian-style residence which is approximately 115 years old, a wood detached garage and storage building of undocumented age, and a metal carport. A gravel drive, primarily located on the neighboring lot to the north and used by both property owners, provides access to the garage/storage building and carport. The applicant plans to initially convert the storage building of approximately 536 square feet to use as a gift and antique sales shop. Later, it is proposed to operate a Bed&Breakfast lodging as a secondary use within the family residence. Surrounding properties are developed for residential uses of varied age, size and style. Similar properties along Jackson Street to the west are redeveloping into townhouses, although the subject request is the first evidence of redevelopment along the Ballard Avenue frontage. A church complex occupies the property across Ballard to the east. There are no retail uses currently within the neighborhood. Within the center of the block partially abutting the subject property to the northwest, are three land-locked lots accessible only by the gravel drive serving the subject property. These lots were created by some undocumented previous division of the single Lot 2, but appear on County records as official lots and have provided public and private utilities. One of the lots, that abutting the subject lot and served by the joint gravel drive, is developed with a small wood-frame house which is occupied. The lots were intended to be provided access by an alley which was never officially dedicated and has since been barricaded by the City to restrict traffic short-cuts through the residential block. However, with no access to a publicly-dedicated street, the land-locked lots are both Legally Nonconforming and inadequately accessed for emergency and refuse services and some solution to this issue should be addressed. Public Comment Forms were mailed to twenty-five(25) property owners within 200 feet of this request, as required by State Law. Five Comment Forms have been returned at the time of posting, four favoring and one opposing the proposed rezoning. Because the property owner expressing written opposition to the request represents more than twenty(20)percent of the land within the notification area, State Law requires the affirmative vote of three-fourths (3/4) of the City Council to approve the change in zoning. Considerations 1. The Comprehensive Plan recommends Suburban Residential uses for the subject property. The proposed mixed uses, especially the free-standing retail, does not conform with this recommendation of the Plan. However, the area is the second lot(one-half block)north of the Downtown Historic District(DTH),and the requested rezoning conforms more to the mixed-use philosophy of the DTH. Although the Comprehensive Plan recommends confining the DTH District to south of Brown Street,the area north of Brown is transitioning from the older single-family residences to higher-density Townhouses more appropriate for DTH adjacency, and could be reconsidered for extension of the Downtown Historic District. 2. Planned Development(PD)Districts are intended to allow innovative development projects which assist in the implementation of the Comprehensive Plan which are compatible with the character of the subject property and neighboring development, as well as to allow appropriate response to constraints to development imposed by the site. The requested PD provides a response to the neighboring land-locked properties which is otherwise not readily available to the City. Conditions of the PD require that a paved joint access drive be provided to serve the land-locked parcels, which will be accomplished by the partnership of private owners, but would otherwise require costly land purchases and alley construction and maintenance as well as possible condemnation and legal action to be accomplished by the City. The Planned Development District is justified because it addresses this off-site constraint, and allows innovative mixed uses on the single site as already allowed within the neighboring Downtown Historic District. 3. Home Occupations are allowed by right in all residential districts. However,the proposed gift shop does not qualify as a Home Occupation because it requires customers to come to the property for the sale/service, thereby increasing traffic and parking within a residential environment. Additionally, the applicant desires to place a sign on the property to advertise the retail use, and such is not permitted for Home Occupations. 4. The Conditions of the Planned Development District prohibit any exterior change to the existing residence as well as the accessory buildings, protecting the historic character of the subject lot as well as neighboring properties. 5. The proposed gift shop is clearly a retail use, and is not allowed within any residential district. Furthermore, the limited access to the location by the jointly-used gravel drive will attract heavier retail traffic into an existing residential neighborhood, although parking for the gift shop will be located entirely on the subject lot. The proposed sign, desired for the retail, is a further visual nonresidential intrusion into the residential character of the neighborhood. The Conditions of the PD establish no time limitation for the operation of the gift shop. The PD could limit the tenure of the gift shop to the start of operation of the Bed & Breakfast (allow either individual use but not both at any one time) as well as establish hours of daily operation of the retail use, but no specific time limitation can legally be placed on the duration of the zoning (which must run with the land). 6. The proposed Bed and Breakfast Inn is a residential type use, but is intended for larger lots (20,000 square feet and larger) and is not allowed within the smaller-lot SF 8.5/17 District. Althought zoned for the smaller lots, the subject lot, as well as those abutting to the north and south, are larger than the 20,000 sq. ft. lower threshold allowing B&B Inns. Parking for the Bed&Breakfast will be provided on- site. The site's amenities such as size, off-street parking and swimming pool, as well as its location within walking distance of downtown retail and entertainment venues, supports the requested short-term lodging. The Bed and Breakfast will not, therefore, detract from the neighborhood's historic residential appearance or use. 7. The Development Plan illustrates the layout of existing facilities. The Planned Development District prohibits new development or major modification of existing development, and this plan illustrates both current and future development patterns. 8. It is possible that the three land-locked lots could be eliminated by replatting and redevelopment as either single-family or duplex/townhouse residences fronting Jackson Street. Such reorientation and redevelopment would leave the narrow access drive within the subject request available for only the two residential properties fronting Ballard Avenue. This would better support the mixed use request, especially the residentially-related Bed and Breakfast. 9. The neighboring property owners, most effected by the zoning change, support the mixed-uses request. A conceivable future scenario might include both of the adjoining and joint-access lots providing Bed and Breakfast lodging. This entire block might conceivably be redeveloped similar to the mixture of uses within the nearby Downtown Historic District. The concern about potential on-street parking raised by the church is eliminated by the requirement of the PD that all parking for all uses be provided on-site Board/Commission Recommendation At the August 19, 2003 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of the proposed zoning change. Staff Recommendation Approval. The most objectionable part of the request is the free-standing gift shop, which is not compatible with the residential neighborhood. However,the proposed gift shop is small and all parking will be provided on the large lot, so it is not anticipated to impose a negative impact on the surroundings. Related Home Occupations, such as craft making without sales, could be performed on the lot currently, and the limited scale of the requested retail is no more obnoxious than a backyard craft shop. The Bed and Breakfast Inn is a compatible and appropriate accessory use for the neighborhood, and can be accommodated within the existing facilities without spillover of negative impacts in the neighborhood. The proposed sign is appropriate for the B&B operation. The proposed development and use provide at least a temporary and limited response to servicing the land- locked properties, especially the currently occupied residence. The requirement to secure a legal joint access drive and to ultimately pave it cannot be achieved in any other means currently available to the City. Unless the land-locked properties redevelop in some residential orientation toward Jackson Street, these interior parcels (including the one currently occupied) will remain inaccessible and unproductive. Attachments Applicant's letter requesting withdrawal of the request Prepared by Re wed by Finan City Man r Approval September 24,2003 Claude Thompson Planning Director City of Wylie 2000 Highway 78 North Wylie,Texas 75098 In regards to:ZONING CASE 2003-10 Dear Claude Thompson: Thank you for your patient assistance in preparing our request for rezoning 405 North Ballard Avenue,Wylie Texas, (Lot 1A,Block 2,Russell Addition) to a Planned Development(PD) in order to open an Antique Shop and Bed and Breakfast. When the Zoning Board approved the request unanimously we were encouraged and went before the City Council with high hopes. However, the City Council made it clear that approval of the request as presented was unlikely; that a cement driveway was a prerequisite to opening either the Antique Shop or the Bed and Breakfast. We desire to preserve the historic residential character of the existing structures and properties and feel that the current trees and shrubbery enhance both. It is our understanding that a commercial driveway is normally required to be a minimum of twenty four feet wide to accommodate two-way traffic. It is also our understanding that the City Engineer was willing to approve reducing the minimum width to twenty two feet. Installing a driveway, even at the reduced width, would require removing a significant amount of trees and shrubbery. Our request for rezoning presumed that we would be able to open the Antique Shop immediately with the current driveway. Delaying the opening of the Bed and Breakfast would be necessary because our children are still in high school.The stated intent was to use the proceeds from the shop to install the cement driveway and parking prior to opening the Bed and Breakfast. Installing the cement driveways and parking to open just the Antique shop is cost prohibitive. As one of the City Council members pointed out, the proceeds from the Antique Shop would probably not justify the expense of installing the concrete driveway and parking. We respectfully withdraw our request for rezoning 405 North Ballard Avenue,Wylie Texas, (Lot IA,Block 2, Russell Addition) to a Planned Development(PD). Si cerely, Archie and Rebecca Henderson 405 NORTH BALLARD WYLIE, TEXAS 75098 WYLIE CITY COUNCIL AGENDA ITEM NO. 2. October 14, 2003 Issue Consider and act upon approving a Resolution to nominate a member of the Board of Directors of the Central Appraisal District. Background The City of Wylie has 30 votes that may be cast for the Board of Directors of the Central Appraisal District. This is the first step of the appointment process in which nominations are accepted. Within the next month, the Appraisal District will inform the voting entities within the county of the names of the nominees. At that time, Council will be asked to approve a resolution as to how they wish the 30 votes to be distributed. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Resolution Letter from Central Appraisal District of Collin County Enclosure to Correspondence with Appraisal District-Board Qualifications Aar Prepare r Revie d by finance City Manag pproval RESOLUTION NO. 2003-17 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS, MAKING A NOMINATION FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, the Wylie City Council is required by the State Property Tax Code to cast votes for the Board of Directors of the Central Appraisal District; and WHEREAS, said votes must be cast no later October 15, 2003, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: SECTION 1: The Wylie City Council nominates , of , Wylie Texas to become a member of the Central Appraisal District for Collin County Board of Directors. SECTION 2: The City Secretary is hereby directed to notify all appropriate parties of this action. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ON THIS 14TH DAY OF OCTOBER, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary A - it II Collin Central Appraisal District August 8, 2003 Barbara Salinas, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 RE: Election of Central Appraisal District of Collin County Board of Directors. Dear Ms. Salinas: Please be advised that the City of Wylie will have 30 votes to cast in the election of the Board of Directors for the Central Appraisal District of Collin County. The terms will be for two years beginning January 1 , 2004. Each voting unit may nominate from one to five candidates. Nominations must be made in an open meeting. A written resolution from the presiding officer should include the name and address of each candidate nominated. The resolution must be delivered to the Chief Appraiser before October 15, 2003. 9Sincerely,414,—..- - e kcg...,6,._ immie Honea Chief Appraiser JCH/mlr Enclosure www.collincad.org 2404 K Avenue -- Metro 972-578-5200 Admin Fax 972-578-0733 Plano, Texas 75074-5911 McKinney 972-562-1404 Appraisal Fax 972-578-0933 Collin Central Appraisal District DIRECTOR QUALIFICATIONS An appraisal district director must reside in the appraisal district for at least two years immediately preceding the date he or she takes office. A person may serve on the governing body of a taxing unit in the appraisal district that is; a city councilman, school board trustee, county commissioner, or other board member, and still be eligible to serve as a director. The common-law doctrine of incompatibility (holding offices that have conflicting demands on the holder) does not prohibit the same person from holding both offices. There is no limit to the number of elected officials that may serve on the board. An employee of a taxing unit within the appraisal district may not serve as a director. The only time that a taxing unit's employee may serve is if that employee is also an elected official or member of the governing body. For example, a city councilman who is employed as the school business manager may serve as a director. A person may not serve as a director if he or she is related to someone who appraises property for use in proceedings before the appraisal review board or in subsequent court proceedings, or represents property owners in such proceedings. A person may not serve on the board of directors if that person has a substantial interest in a business entity which has a contract with the appraisal district or, in the case of a taxing unit, has a contract related to the performance of an activity governed by the Tax Code. (Example- a partner in a law firm engaged in collecting delinquent taxes for a taxing unit.) In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate, or taxation. www.collincad.org 2404 K Avenue Metro 972-578-5200 Admin Fax 972-578-0733 Plano,Texas 75074-5911 McKinney 972-562-1404 Appraisal Fax 972-578-0933 WYLIE CITY COUNCIL AGENDA ITEM NO. 3. October 14, 2003 Issue Consider and act upon a bid for the installation of trees in Community Park and the Meadows of Birmingham Park. Background Competitive sealed bids have been solicited for the purchase and installation of trees in Community Park and the Meadows of Birmingham Park.The scope of the contract will provide for all materials,labor and equipment necessary for the project. Alternate bids were invited for"balled and burlap"and container grown trees (preferred). The following bids have been submitted. Bidder Name Balled and Burlap Bid Container Grown Bid Alternate Coffey's Landscape $40,867.75 $42,419.30 Classic Gardens $40,800.00 $51,000.00 Southwest Nursery $26,430.00 $51,221.00 Fannin Tree Farm No Bid No Bid $34,697 It should be noted that the bid from Southwest Nursery was incomplete and not responsive because they did not bid on all the required tree types. The bid from Fannin Tree Farms is for"containerized" trees and does not meet the City's specifications. Financial Considerations These projects will be financed with Parkland Dedication funds and reimbursed by the Collin County Parks and Open Space Grant. Other Considerations Competitive sealed bids were advertised and solicited in accordance with Chapter 252 ofthe Texas Local Government Code. Staff Recommendation Staff recommends that Council award a contract, in the amount of$42,419.30, to Coffey's Landscape Services for the installation of container grown trees in Community Park and the Meadows of Birmingham Park. Attachments None 8't/1" 1- 1,4A4tx Prepared by Revi ed by Finance City M ge Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 4. October 14, 2003 Issue Consider and act upon a Resolution recommending two streets to be named after Jerry Wayne Combest and Lanny Earl Hale, respectively. Background Section 5.4 of the Subdivision Regulations addresses the process for establishing street names and signage within the City of Wylie. Specifically Section 5.4.B. states that surnames of people shall not be used as street names, unless approved by the City Council. Staff contacted the cities of Rockwall, Murphy, Garland, Rowlett, Plano, Richardson, Mesquite, McKinney and Allen to request their policies regarding naming streets after individuals. None of the cities have any written criteria as to living or dead, level of contribution, etc. The cities of Plano and Mesquite require specific requests to be approved by Council. The cities of Richardson and Murphy do not permit streets to be named after people. The existing Subdivision Regulations allow the Council to consider individual street names on a case by case basis. The proposed Resolution would establish the street names of Jerry Combest Street and Lanny Hale Street, after two Wylie residents who grew up on Hilltop Street and were killed during the Vietnam War. Other Considerations N/A Staff Recommendations N/A Attachments Resolution Prepared Revie by Finance City Ma ger Approval RESOLUTION NO. 2003-16 WHEREAS, the City of Wylie wishes to honor the memory of Lanny Earl Hale and Jerry Wayne Combest; and WHEREAS, Lanny Earl Hale and Jerry Wayne Combest were born with 3 weeks of each other, grew up together on Hilltop Lane, and both gave their lives in 1968, serving their country during the Vietnam War. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas: That as new development occurs, the street names of Lanny Hale Street and Jerry Combest Street be utilized. Duly passed and approved by the City Council of the City of Wylie, Texas, on this the 14th day of October, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. 5. October 14, 2003 Issue Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. Background Currently the Wylie Code of Ordinances does not set out responsibility for sidewalk maintenance and repair. Typically, municipalities require the adjacent property owner to be responsible for maintenance and repair, the theory being that the property owners use the property and should therefore maintain it. The proposed ordinance establishes that it is the duty of the person responsible for the adjacent property to keep the sidewalk in good and safe condition. If the City inspects the sidewalk and finds it to be unsafe, notice will be given declaring it a nuisance and requiring repair within 30 days. Staff reviewed the Codes of several municipalities and has included excerpts which are attached. Other Considerations N/A Financial Consideration The 1999 Bond Election set aside $500,000 for sidewalks, which has not yet been issued. Discussion regarding the future use of the bond funds has centered on the proposed construction of new sidewalks to provide links, as opposed to the maintenance of existing sidewalks. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Survey of other Municipalities Ordinance r ., Prepared b Revi ed y Finan City Manag Ap royal Flower Mound Sec. 58-33. Notice to reconstruct a repair. Any sidewalk, alley, driveway or curb which has become defective, unsafe and hazardous is hereby declared a nuisance, and it shall be the duty of the owner of the property abutting such sidewalk, alley, driveway or curb, or his agent, to reconstruct or repair such sidewalk, alley, driveway or curb, in accordance with the standard specifications of the town. Such expense shall be borne by the abutting property owner or whoever created the condition. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, alley, driveway or curb ordered to be reconstructed or repaired by the town's engineering department shall be punishable as provided in section 1-13 of this Code. (Code 1989, ch. 7, § 3.03) Mesquite Sec. 15-44. Repair of defective, etc., sidewalk, etc., by abutting property owner; notice to repair; failure to comply with notice. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same, and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the building official shall notify the owner of the abutting property to reconstruct or repair same. (Code 1960, § 15-27; Ord. No. 2930, § 1, 10-18-93) Grand Prairie Sec. 29-113. Maintenance of the sidewalk and right-of-way. In all provisions of this Code relative to the responsibility of a homeowner, lessor, lessee, resident, etc. of property within the city, it shall be the responsibility of a homeowner, lessor, lessee, and/or resident of any such premises to maintain the sidewalk and all areas of the property, including the curb and all right-of-way, in a safe and efficient manner. Whenever any provision of this code shall provide that any property shall be maintained, it is to be read to include all such area, including the buildings, the property, the adjacent right of way and sidewalk, and the surface of all easements, and such persons shall do nothing that would prevent the purpose and all incidental uses of such easements. (Ord. No. 6234, § 4, 3-21-00) Richardson Sec. 20-11. Hazardous driveways, curbs, gutters, etc., to be repaired. When a sidewalk, driveway, curb, gutter or appurtenance becomes defective, unsafe or hazardous, it shall be the duty of the owner of the abutting property to reconstruct or repair same and the expense of such work shall be borne by the abutting property owner. When a sidewalk, driveway, curb, gutter or appurtenance is found to be defective, unsafe or hazardous, the chief building official shall notify the owner of the abutting property to reconstruct or repair same. Any owner who fails to reconstruct or repair such defective, unsafe or hazardous condition within 30 days from the date of the written notice from the chief building official to do so shall be guilty of a misdemeanor. (Code 1966, § 20-6) Sec. 20-8. Liability of abutting property owners and special users. (a) The abutting property owner or person enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized in this chapter or by reason of the approval or disapproval of any access, facilities, surfacing, or appurtenances not made in accordance with standards or specifications of this chapter. (b) It shall be the duty of any property owner, landlord, tenant, lessee, sublessee or person making special use of any sidewalk or curb for the purpose of ingress or egress, for loading elevators, downspout drains or any other special use of whatsoever kind or character, whether recited in this article or not, to keep such sidewalk, parkway, curb and driveway abutting such property in a good and safe condition and free from any defects and hazards of whatsoever kind and character. Such special user shall be liable in damages for any loss or damage sustained as a result of any defective condition of the sidewalk, driveway, curb, loading elevator, downspout drain or any other special use or facility of whatsoever kind or character. Allen Sec. 13-3. Sidewalk maintenance; homeowners participation in cost. (a) The official policy of the City of Allen shall be that owners of property situated within a zoning district of the city other than single-family residential and adjacent to and abutting sidewalks that are in need of repair, maintenance, replacement or reconstruction, are responsible for all the costs associated therewith. The city will participate, upon the terms and conditions adopted pursuant to subsection (c) hereof, with owners of property situated within a single-family residential zoning district of the city in the repair, maintenance, replacement or reconstruction of sidewalks adjacent to and abutting such property and requiring same. (b) In the event any property owner in the city is unwilling to participate voluntarily in the repair, replacement or maintenance of a sidewalk that is determined by the city council to be a hazard to the public safety and welfare, the city council shall undertake involuntary assessment proceedings to effect the necessary repairs. (c) The property owner and the city shall each be responsible for fifty (50) percent of the total repair and/or replacement costs, including costs of labor, material, equipment, engineering and inspection services. The procedures and forms for maintenance, repair, and replacement of sidewalks within single-family residential zoning districts of the city, as such procedures and forms are set forth on exhibit "A" hereto, made a part hereof for all purposes, are hereby approved and adopted by the city council. (Ord. No. 1286-9-94, §§ 1--3, 9-15-94) Garland Sec. 31.134. Duty to keep sidewalks in safe condition. It shall be the duty of any abutting property owner to keep the sidewalk, parkway, curb and driveway abutting such property in a good and safe condition, free from any defects and hazards of whatsoever kind and character. By way of example and not of limitation, a sidewalk is hazardous if it contains a separation of line and grade in excess of three (3) inches between adjacent sections of sidewalk or if it contains surface deterioration to such an extent that it may not be safely negotiated by a person in a two (2) inch heeled shoe. Sec. 31.135. Liability for damages resulting from defective sidewalks. The abutting property owner or person making a special use of a sidewalk or enjoying the use of any property abutting on a sidewalk or curb that has become defective or hazardous and has resulted in causing damage or injury as a result of such defective or hazardous condition shall be primarily liable in damages for any loss or damage sustained as a result of such defective or hazardous condition. The City shall not be held as assuming any such liability by reason of inspection of any sidewalk or providing notice as authorized in this article. Sec. 31.136. Notice to reconstruct or repair. Any sidewalk, parkway, driveway or curb which has become defective or hazardous is hereby declared a nuisance and it shall be the duty of the owner of property abutting such sidewalk, parkway, curb or driveway to reconstruct or repair such sidewalk, parkway, curb or driveway in accordance with the standard specifications of the City and such expense shall be borne by the abutting property owner. The failure of any owner or the agent of any owner to reconstruct or repair any such sidewalk, parkway, curb or driveway within thirty (30) days from receipt of a notice to repair from the Engineering Department shall constitute an offense. Sec. 31.137. Repair by City; costs to be a lien against abutting property and owner personally liable for costs. If any person fails or refuses to comply with the provisions of Section 31.136 within the time limits specified therein, the City may in its discretion, but assumes no duty to, go upon such property and do or cause to be done the work necessary to obtain compliance with this article. The expense so incurred by City in correcting the condition shall be a personal obligation of the owner of the abutting property. In the event the owner fails or refuses to pay such expense within thirty (30) days after the work was done, the City shall file with the Clerk of the county where the property is located a statement of the expense incurred in correcting the condition of the property. When such statement is filed, the City shall have a privileged lien on such property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended. Such amount shall bear interest at the rate of 10% per annum from the date the City incurs the expense. For any such expenditure and interest and reasonable attorneys fees, suit may be instituted and recovery and foreclosure had by the City. Nothing herein shall inhibit the right of the City to make immediate repair of any condition considered to be of unusual and immediate danger to persons or property. In such instance, the Director of Engineering shall send an invoice for expenses incurred in the repair of such condition to the owner of the abutting property, and within ten (10) days the owner shall have the right to a hearing on the matter of the reasonableness of the action and cost of repair. The owner shall pay the reasonable expenses as determined by the Director. In the event the owner fails or refuses to pay such expense within thirty (30) days after notice of the reasonable charge by the Director of Engineering, the City shall follow the procedure written above to perfect a lien on such property, which lien shall have the same character as written above. Sec. 31.138. City participation in sidewalk/curb and gutter reconstruction. The City may participate in the reconstruction provided monies are available for this program from bond funds. If monies are available, City participation in the cost of improvements will be on a 50/50 basis with the abutting property owner as provided for in Section 31.76. If the property owner's share of the cost of improvements is equal to or greater than $1,000.00, payment may be made in not more than thirty-six (36) equal monthly payments at an interest rate not to exceed the maximum interest rate allowed by State law as provided for in Section 31.77. DeSoto Sec. 3.1105 Maintenance of Public Rights-of-Way and Easements (a) Maintenance of Public Rights-of-Way. (1) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the adjacent curb, and if no curb exists, then to a line ten (10) feet from the edge of the street pavement toward the property line. (2) Any owner, occupant or tenant of any lot or parcel of land located within the city shall maintain or cause to be maintained the area of land located between the property line of the lot, tract or parcel and the edge of the adjacent alley pavement. (3) Any owner of property abutting on a public street and sidewalk shall clean and maintain in good repair the sidewalk and any driveway approach apron crossing the sidewalk. (4) The owner of property which abuts on any public street, sidewalk or driveway approach apron shall be liable for any injury or damage arising from a defect or defects caused by any act of omission, failure or negligence relative to the maintenance or repair of such sidewalk or driveway approach apron crossing such sidewalk. Lancaster Sec. 3.903 Liability (a) Abutting Owner's Liability. The abutting property owner or person, firm or corporation enjoying the use of any property abutting on a sidewalk or curb that has become defective and has resulted in causing damage or injury as a result of such defective condition, shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition. The city shall not be held as assuming any such liability by reason of inspection or reinspection authorized herein or by reason of the approval or disapproval of any access, facilities, surfacing or appurtenance not made in accordance with standards or specifications of this article. ORDINANCE NO. 2003-26 AN ORDINANCE AMENDING CHAPTER 102 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" OF THE CODE OF ORDINANCES OF THE CITY OF WYLIE, TEXAS; ESTABLISHING RULES AND REGULATIONS GOVERNING PERSONS RESPONSIBLE FOR MAINTENANCE AND REPAIR OF SIDEWALKS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING 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 beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to adopt rules and regulations governing persons responsible for maintenance and repair of sidewalks; and WHEREAS, it is in the interest of the public health, safety and welfare that streets, sidewalks and other public places are repaired and maintained; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for this Ordinance have been performed and completed in the manner and form set forth by law. 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: Amendment to Chapter 102 "Streets, Sidewalks and Other Public Places" of Wylie's Code of Ordinances. Chapter 102 "Streets, Sidewalks and Other Public Places" of Wylie's Code of Ordinances is hereby amended by adding the following: Section 102-76. Sidewalk Repair; Persons Responsible. (a) At any time after the construction of any sidewalk, the city reserves the right to inspect such facility and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be assessed against and borne by the owner, agent in charge or tenant of the property abutting the sidewalk. All repairs and maintenance shall meet the standards for construction of sidewalks set forth in the City of Wylie Thoroughfare Standards Manual, Section V, Sidewalk Location and Design Standards and City of Wylie Thoroughfare Standards Manual, Standard Construction Details. (b) It shall be the duty of the owner, agent in charge or tenant of property abutting on any sidewalk to keep such sidewalk in good and safe condition and free from any defects of whatever kind or character. In this connection, any sidewalk which has become or is defective, unsafe or hazardous is hereby declared to be a nuisance, and the failure of any owner, agent in charge or tenant, to construct, reconstruct or repair any such sidewalk within thirty (30) days from the date of written notice from the city's building official to do so, shall constitute a misdemeanor. SECTION 3: 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 subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). 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 4: Savings/Repealing Clause. Chapter 102 of Wylie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 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: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 14th day of October, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Publication Date 10-22-03