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10-23-2007 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda October 23, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation of County Bond Proposition by Collin County Commissioner, Precinct 2. (Commissioner J. Hoagland/J. Butters, Assistant City Manager) • Presentation of Proclamation - Friends of the Library Week, October 21-27, 2007. (R. Orozco, Library Director) • Presentation and recognition of participants in the National Community Planning Month. (R. 011ie, Planning Director) October 23,2007 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the October 9, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat creating two (2) lots for Oncor Lavon Switching Station, Block A, Lots 1 & 2 generally located north of Brown Street extending to SH 78 and west of Eubanks Lane. (R. 011ie, Planning Director) C Consider, and act upon, adoption of the Public Arts Advisory Board Bylaws approved by the Public Arts Advisory Board on September 20, 2007. (C. Ehrlich, City Secretary) D. Consider, and act upon, Ordinance No. 2007-35 amending the zoning from Planned Development (PD) District with a Specific Use Permit (SUP) to Planned Development (PD) District for Neighborhood Service uses on 2.029 acres, generally located on the NEC of Collins Blvd. & F.M. 544 (S. Stone Rd.) ZC 2007-05. (R. 011ie, Planning Director) E. Consider, and place on file, the monthly Revenue and Expense Report for the City of Wylie as of September 30, 2007. (L. Williamson, Finance Director) F. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2007. (S. Satterwhite, Executive Director, WEDC) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance No. 2006-04, Article 5, Section 5.1(A): Amending Agricultural and Animal-Related uses, establishing regulations specifying the location of Animal Boarding Kennel with or without pens throughout the City. (R. 011ie, Planning Director) Executive Summary Staff was approached by a property owner who wishes to operate an Animal Boarding/Kennel within the City limits of Wylie. The property is located within the Light Industrial zoning district. Animal Boarding Kennel with outside pens are allowed by right in Heavy-Industrial (HI) zoning districts, with an SUP in October 23,2007 Wylie City Council Regular Meeting Agenda Page 3 of 5 Agricultural 30 (AG/30) and Commercial Corridor (CC) Districts. Animal Boarding Kennel without outside pens is an allowed use by right in HI and CC districts. A Specific Use permitted is required within the Neighborhood Service and Community Retail Districts. Animal Boarding Kennel with or without outside pens are prohibited within the Light Industrial Zoning District. General Business 2. Consider, and act upon, Resolution No. 2007-35(R) supporting the 2007 Collin County Transportation Committee bond recommendations. (M. Manson, City Manager) Executive Summary Earlier this year the Commissioners Court appointed three committees make recommendations of projects to be included in the 2007 Bond Election. The Transportation Committee, which included Earl Newsom, began a series of meetings to review the requests from Collin County cities. The projects in Wylie are: Brown Street from FM 1378 to Ballard Avenue; Stone Road from Akin Lane to County Line Road; and McMillan Road from McCreary to FM 1378. The cities of Murphy and Sachse also have projects on the recommended list(attached)which are linked to Wylie thoroughfares. 3. Consider, and act upon, appointment of a City Councilmember to serve on the City of Wylie/Wylie Independent School District (City/School Partnerships) Partnerships Sub-committee. (M. Manson, City Manager) Executive Summary On October 25, 2007 the Wylie City Council approved Ordinance No. 2005-55 creating the City of Wylie/Wylie Independent School District Partnerships Subcommittee. This ordinance provided for a three member representation from both WISD (Trustees) and the City (Council members). The May 2007 General Election caused a vacancy to the subcommittee,with Eric Hogue not seeking re-election, therefore Council is asked to name a replacement to the City Subcommittee. Other members serving on the City Subcommittee are Mayor John Mondy and Councilman Rick White. The City Manager serves as the facilitator to the City Council Subcommittee for WISD Relations. School trustees include: Susan Shuler, Ronni Fetzer,and Barron Cook. Dr.Fuller is the facilitator for the School Subcommittee for City Relations. 4. Consider, and act upon, Ordinance No. 2007-36 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. (J. Duscio, Assistant Police Chief) Executive Summary Section 110-133. 2)(e)Expand the school on WA Allen 460' to the north to the crosswalk located at WA Allen and south Surrey Circle. This would change this subsection to read as follows: On W.A. Allen Boulevard from a point 1000 feet north of the point of its intersection with Springwood Lane to a point two- tenths of a mile south to the intersection of Stone Road. Amend section Sec. 110-133.2)(s) The times that school starts and lets out have changed. Change times from 7:15 am to 8:00am;to 7:15am to 8:45 am,and from 2:40pm to 3:15pm to 2:40 to 3:45pm. This will cover start and end times for 2 schools on Hooper Rd. Repeal section 110-133.5)(a) Stone Road from Ballard to Akin. 5. Consider, and act upon, Ordinance No. 2007-37, amending Ordinance No. 96-1 to provide regulations regarding areas of shallow flooding and flood ways. (C. Hoisted, City Engineer) October 23,2007 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The Texas Commission on Environment Quality(TCEQ)conducted a Community Assistance Visit(CAV) for the City of Wylie. The purpose of the CAV is to evaluate and assist the City in its administration of National Flood Insurance Program (NFIP) requirements. TCEQ noted during their visit that the City should update the flood damage prevention ordinance to add requirements for areas of shallow flooding as well as flood ways as identified by the NFIP. The attached ordinance adds sections to our current ordinance to meet the requirements as outlined by the TCEQ. 6. Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue of $2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2007B including the adoption of Resolution No. 2007-36(R) pertaining thereto. (L. Williamson, Finance Director) Executive Summary The citizens of Wylie approved the issuance of$1,500,000 General Obligation Bonds to build a new fire station. The estimated cost to build the fire station is approximately $3,400,000. The $2,000,000 Certificates of Obligations are being sold to complete the funding of the new station. Debt Service for this obligation is included in this year's I&S tax levy. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 consultation with Attorney; Closed Meeting • Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding potential litigation by the Homebuilders Association of Greater Dallas against the City regarding the validity of the Fire Station fees (Fire Development Fees)provided for under Ordinance 2007-12 of the City of Wylie Texas. §§ 551.072 deliberate the purchase, exchange, lease or value of real property generally located at: • In the vicinity of Olde City Park at State Highway 78 and Ballard Street. §§ 551.087 deliberations regarding economic development negotiations. • Consider Issues Surrounding the Provision of Economic Assistance to Direct Development as Authorized in Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated(Open Meetings Act). §§ 551.087 deliberations regarding economic development negotiations. • Consider issues surrounding a Performance/Incentive Agreement between the City of Wylie and Greenway Development Company as authorized in Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). October 23,2007 Wylie City Council Regular Meeting Agenda Page 5 of 5 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: ADJOURNMENT CERTIFICATION 1 cert that this Notice of Meeting was posted on this 19`"day of October, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed AP. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: Presentation Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: October 10, 2007 Budgeted Amount: Exhibits: Proclamation Subject Presentation of proclamation to the members of the Friends of the Rita and Truett Smith Public Library in honor of National Friends of the Library Week. Recommendation NA Discussion October 21-27, 2007 is designated as National Friends of the Library Week. A proclamation is being presented to the members of the Friends of the Rita and Truett Smith Public Library. Presentation is to be made by Mayor Mondy. Approved By Initial Date Department Director RO 10/10/07 City Manager f OM /07 Page 1 of 1 PROCLAMATION WHEREAS, The Friends of the Rita and Truett Smith Public Library raise money that enables our library to move from good to great -- providing the resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; and WHEREAS, the work of the Friends highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children's services; and WHEREAS, the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community. NOW, THEREFORE, BE IT RESOLVED THAT, Mayor John Mondy and the City Council of the City of Wylie, Texas hereby designate October 21-27, 2007 as Friends of the Library Week in Wylie, Texas and urge everyone to join the Friends of the Library and thank them for the service they provide to our library and community. John Mondy, Mayor City of Wylie State of Texas Wylie City Council CITY OF WYLIE AGENDA REPORT r Meeting Date: October 23, 2007 Item Number: Presentation Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 10, 2007 Budgeted Amount: Exhibits: Subject Presentation to Student/Participants in National Community Planning month. Recommendation None Discussion In recognition of their involvement and willingness to participate in the City of Wylie's National Community Planning Month (NCPM) the Planning Department humbly acknowledges our sincere appreciation to all those that made this event special. Dr. T.J. Theisen, who when first heard of the program welcomed it with open arms and immediately offered her support and ideas, to assist in making the event successful. The Art Teachers of WISD Intermediate Schools who I am sure labored long with their students in preparing the wonderful works of art that were displayed throughout City Hall: Mrs. Atlanta Tigert, Davis Intermediate; Mrs. Tina Stanfield, Draper Intermediate and Mrs. Charlotte Pickett, Harrison Intermediate. Principal Scott Winn and 1st Grade Teacher Mrs. Kecia Pilant of Smith Elementary who worked with us endlessly to set up staff presentations for the students. The Planning Department especially thanks all the City staff and officials who made this month a success. The City of Wylie is proud of the services and work we offer and believe this program may have enlightened at least a few to come to understand what we as a City provide. Approved By Initial Date Department Director RO 10/15/07 City Manager ►V I t 440-7 Page 1 of 1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, October 9, 2007 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman David Goss, Councilman Merrill Young, and Councilman Rick White. Staff present were: Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Public Library Director, Rachel Orozco; Public Information Officer, Craig Kelly, and City Secretary, Carole Ehrlich. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the Invocation and Trey Peterson representing Boy Scout Troup 302 led the Pledge of Allegiance. PRESENTATION • Presentation to 1st Six Weeks Star Students—Character Trait of"Responsibility". Mayor Mondy and Mayor Pro Tem Byboth presented certificates to WISD students from each school showing the character trait of"Responsibility". Mayor Mondy announced that the Executive Session would be held later in the meeting when the City Attorney arrived. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Minutes—October 9, 2007 Wylie City Council Page 1 • Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding potential litigation by the Homebuilders Association of Greater Dallas against the City regarding the validity of the Fire Station fees provided for under Ordinance 2007-17 of the City of Wylie Texas. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or takes action on any matter presented during citizen participation. No citizens were present to address Council during Citizens Comments. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the September 25, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, award of a concessionaire contract for Founders Park and Community Park to Bethsaida Concessions as of December 1, 2007. (R. Diaz, Superintendent, Parks and Recreation) C. Consider, and act upon, a request from the Wylie High School Jazz Band to have a special performance at Olde City Park on October 23, 2007 (rain date October 30, 2007) and for the Wylie High School Band Boosters to sell various items during the concert as a fundraiser. (R. Diaz, Superintendent, Parks and Recreation) D. Consider, and act upon, accepting the resignation of Municipal Court Judge Sydney Robinson effective December 31, 2007 and approval of Resolution No. 2007-31(R) authorizing the appointment of Art Maldonado as Municipal Court Judge for the City of Wylie effective January 1, 2008, setting terms and stipend of service. (J. Butters, Assistant City Manager) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2007. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Minutes—October 9, 2007 Wylie City Council Page 2 REGULAR AGENDA Public Hearings Tabled from Auzust 28, 2007 1. (MOTION TO REMOVE FROM TABLE) Hold a Public Hearing and consider, and act upon, a change in zoning from Agriculture (A) to Planned Development (PD) District to allow for Townhouse development, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Zoning Case 2007-06 (R. 011ie, Planning Director) Council Action A motion was made by Councilman Porter to remove Item #1 Zoning Case 2007-06 from the table and consider. Consensus of the Council was to remove and consider. Staff Comments Planning Director 011ie addressed Council stating that the subject property is located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal submitted will include approximately 27 townhouse units on 5 acres. The property is a triangular shaped tract that is bordered by Heavy Industrial (HI) District to the north and west and a Planned Development District (Wylie Lakes) currently under construction for mixed use development including residential of varied densities and commercial uses to the east. The entire tract will be developed to Townhouse (TH) District standards with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards. Minimum dwellings size shall be 1,200 square feet. The applicant is not requesting any variance from the Ordinance. Council Discussion Mayor Pro Tern Byboth stated that during the last discussion regarding this item, there was mention by the Council of moving Lynda Lane to go through the development; there is no mention of that in this proposal. Planning Director 011ie concurred that this was not addressed by the applicant. She reported that the applicant also did not submit a new drawing with fewer lots within the revisions to the original application. Mayor Mondy asked Planning Director 011ie what happened to the conversation regarding larger dwellings of around 2,500 sq. feet. Ms. 011ie replied she did not remember an exact number of square feet but did remember larger dwelling units. She reported the size did not change in the revised paperwork. Councilman Young reported that he did remember a square footage minimum discussed of 2,500 sq. ft. Councilman White asked if the applicant had submitted elevation changes as requested in the original discussion. Planning Director 011ie replied that he had not. Councilwoman Spillyards asked Planning Director 011ie how many total units could be placed on the development. Ms. 011ie replied that it could be up to 40 units. Mayor Mondy asked Council if they felt the applicant had fulfilled the spirit of the request to resubmit. Public Hearings Mayor Mondy opened the Public Hearing at 6:15 p.m. No citizens were present to address Council during the Public Hearing for Zoning Case 2007- 06. Minutes—October 9, 2007 Wylie City Council Page 3 Mayor Mondy closed the Public Hearing at 6:15 p.m. Mayor Mondy asked Council if there was any further discussion. Council Action A motion was made by Councilman White, seconded by Councilman Goss to deny Zoning Case 2007-06 changing zoning from Agriculture (A) to Planned Development (PD) District to allow for Townhouse development, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. A vote was taken and passed 5-2 with Mayor Mondy, Councilwoman Spillyards, Councilman White, Councilman Young, and Councilman Goss voting for denial and Mayor Pro Tem Byboth and Councilman Porter voting against denial. Zoning Case 2007-06 was denied. 2. Hold a Public Hearing on the City of Wylie Thoroughfare Impact Fees. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on June 13, 2006 Council adopted an Ordinance setting the date for a public hearing on the proposed Thoroughfare Impact Fees. Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. The Impact Fee Advisory Committee met on June 20th to file written comments on the proposed fees. The public hearing allows citizens and developers the chance to provide comments on the proposed capital improvements plan and thoroughfare impact fees. Public Hearings Mayor Mondy opened the Public Hearing for the Thoroughfare Impact Fee amendments at 6:17 p.m. Harry James, representing the Red Group with a business address of 1771 International Plaza #121, Richardson, Texas addressed Council. He asked questions regarding the impact fees. He first asked if the impact fees would be set pro-rata for all residents of Wylie or isolated to new residents of Wylie; if it is isolated to new residents, will the funds be separated from general funds, in a separate account. Last, he asked if the fees paid would be used for maintenance and improvements of thoroughfares and right-of-ways adjacent to the new residents or used for all thoroughfares and right-of-ways in Wylie. City Engineer Hoisted addressed the three questions stating that the fees would be charged on new building permits issued to residents or businesses. He reported that the funds are kept separate in an "Impact Fee Thoroughfare" account and the funds may only be used for new improvements to thoroughfares for increased capacity of a roadway; they can not be used for maintenance. He reported they will be used for all roads within the City as noted in the CIP. Finance Director Williamson reported that all funds for thoroughfare impact fees collected are in a separate fund which can be tracked by expenditures made from the account. With no other citizens wishing to speak on this item, Mayor Mondy closed the Public Hearing at 6:20 p.m. Minutes—October 9, 2007 Wylie City Council Page 4 General Business Tabled from September 25, 2007 3. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, a change in zoning from Planned Development (PD) District with a Specific Use Permit (SUP) to Neighborhood Services District on 2.03 acres, generally located on the northeast corner of Collins Blvd. and F.M. 544 (South Stone Road). Zoning Case 2007-05. (R. 011ie, Planning Director) Council Action A motion was made by Mayor Pro Tem Byboth to remove Item #3, Zoning Case 2007-05 from the table and consider. Consensus of Council was to remove from the table and consider. Staff Comments Planning Director 011ie addressed Council stating that the subject property is located at the northeast corner of Collins Boulevard and F.M. 544 within the Bozman Farms Estates & Lake Trails of Bozman Farms Planned Development (PD2002-52). The 475-acre planned development zoning was adopted by City Council in December 2002 allowing for medium density & multifamily residential uses and some community retail uses in certain areas. In addition, parkland dedications, a pond & landscaped open space areas and other amenities are being provided by the developer. In March 2006, the applicant's requested and City Council adopted an amendment to PD2002-52 assigning a Specific Use Permit (SUP06-14) to allow for a Day Care Facility on the subject property. At that time, developers envisioned this nonresidential use of the property as an appropriate location and a preferable use in providing childcare services to surrounding residential areas. The prospect for a day care facility has yet to materialize and the applicant is proposing other nonresidential uses for the property. This item was tabled at the September 25, 2007 Council meeting to allow the applicant to revise his SUP. She reported that the revised submission had 20% landscaping rather than the minimum of 10%; pedestrian pavers on both sides of Collins Blvd.; 40% stone exterior rather than the 20% minimum, and copy same style entire block, will be developed with a residential look. She reported that the applicant is also omitting dry cleaning services. Applicant/Council Discussion Applicant Phil Clegg representing the Red Group, 1771 International Parkway, Richardson Texas addressed Council stating that the firm had met with staff and revised the Planned Development to meet the desires of the Council. He commented that he hoped the revisions met the desires of the council stated at the last meeting. Mayor Pro Tern Byboth asked the applicant how the area would fit into the residential environment aesthetically. Mr. Clegg replied that within the PD there was a section requiring the development to keep the same block design as the residential. He stated that the proposed PD would meet that requirement. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to approve a change in zoning from Planned Development (PD) District with a Specific Use Permit (SUP) to Neighborhood Services District on 2.03 acres, generally located on the northeast corner of Collins Blvd. and F.M. 544 (South Stone Road). Zoning Case 2007-05. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tem Byboth, Councilman Young, Councilman Goss, Councilman White and Councilman Porter voting for approval and Councilwoman Spillyards voting against. Minutes—October 9, 2007 Wylie City Council Page 5 4. Consider, and act upon, selection of initial neighborhood to implement the Neighborhood A.C.T.I.O.N. Plan. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that on July 10, 2007 City Council adopted a policy to implement a neighborhood planning program whereas residents and stakeholders are afforded an opportunity to work together in addressing the community's issues through Accountable Communities through the Involvement of Neighborhoods (A.C.T.I.O.N.) Plan. This program encourages community defined plans using a city-guided program. Neighborhood planning is an opportunity for citizens to shape the neighborhoods where they live, work, own property, or manage a business. Staff has compiled an inventory of the older neighborhoods throughout the City. It includes household size and age based on the 2000 census. She reported that staff is requesting that Council evaluate the data and give direction as to which neighborhood to begin the A.C.T.I.O.N Plan process. Council Discussion Mayor Mondy asked Ms. 011ie which neighborhood was the oldest. Planning Director 011ie replied the oldest was the"Railroad Addition". She explained that this addition, due to size, was broken down into the north and south side of S.H. 78. She explained that this section had 32 homes with 13 in poor condition; this may be a good place to start. Mayor Mondy asked if certain properties could be pulled from each addition and combined to begin the plan. Councilwoman Spillyards stated there would be more mileage in picking one neighborhood rather than splitting the homes up. Planning Director 011ie concurred stating that keeping the plan within a neighborhood would make the process of the plan cohesive and would allow neighbors to keep other neighbors on board with the plan. Mayor Mondy asked what funds had been budgeted for the current year. Planning Director 011ie reported that the funding was around $5,000. She noted that these Action Plans would be ongoing over a number of years but the funds denoted this year would initiate the beginning processes. None of the initiatives will be a short term projects She stated, if the process on the chosen neighborhood started next week, it would take six months just to meet and determine what initiatives were important to those residents. The first portion of the implementation will be to educate the residents regarding city services and the availability of services to them. Councilman Porter suggested picking a smaller neighborhood based on the current available funds. He suggested the J M Butler Addition with 13 properties. Mayor Mondy asked if any members had additional suggestions. Council Action A motion was made by Councilman Porter seconded by Young to select the J M Butler Addition (#7 in the agenda packet) as the initial neighborhood to implement the Neighborhood A.C.T.I.O.N. Plan. A vote was taken and passed 7-0. City Attorney Richard Abernathy arrived at 6:23 p.m. Mayor Mondy convened into Closed Session at 6:41 p.m. citing §§ 551.071 Consultation with Attorney; Closed Meeting. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding potential litigation by the Homebuilders Association of Greater Dallas against the City Minutes—October 9, 2007 Wylie City Council Page 6 regarding the validity of the Fire Station fees provided for under Ordinance 2007-17 of the City of Wylie Texas. Mayor Mondy reconvened into Open Session at 7:36 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: NO ACTION WAS TAKEN AS A RESULT OF EXECUTIVE SESSION. 5. Consider, and act upon, approval of an Alternative Parking Agreement for A&W Properties Addition, Block A, Lots 1 and 2. Subject property being generally located north of FM 544 and west of FM 1378 (Country Club Drive). (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting approval for special off- site parking alternative in order to meet the minimum on-site parking required for Lot 1. The Zoning Ordinance requires City Council review and approval for special off-site Parking Alternatives. Article 7, Section 7.3 Off-Street Parking Requirements (F) Parking Alternatives. his provision allows for minimum required parking spaces be satisfied in lieu of on-site parking under certain conditions. The conditions as laid out in the ordinance include a legal agreement that runs with the property (land) and subject to City Council review. The applicant is requesting that the excess parking spaces on Lot 2 be counted towards meeting the required parking for Lot 1. Council Discussion Mayor Mondy asked Planning Director 011ie why the City would not require the applicant to replat the two lots to establish the required parking in lieu of a parking agreement. He stated that this would eliminate issues ten years from now when the property sold to another person. Planning Director 011ie explained that if the property was sold and did not have the required parking (Lot 1), the new property owner would have to meet the parking requirements for the business or cease operations. Mayor Mondy asked Planning Director 011ie how the Planning Department would be notified if the property sold and did not comply. Ms. 011ie replied the department would not be notified of the sale of the property. Mayor Mondy asked if the re-platting would not be in the best interest of the City. Planning Director 011ie replied that the parking agreement was allowed by ordinance and therefore she was not sure if re-platting would be in the best interest of the City. She explained that within the agreement, there was a stipulation that for the agreement to remain effective, Tract 1 (A) and Tract 2 (B) must have common ownership. If common ownership ceases, the agreement ceases, and permits become invalid. She noted that the agreement once executed by both parties must be filed with the County to become a legal record. Mayor Mondy asked what the fee was to replat the property. Planning Director 011ie reported it would be $350.00 plus $15.00 per acre. Mayor Mondy asked Planning Director 011ie if the fee could be waived in this case. Planning Director 011ie replied it could, with council approval. Mayor Mondy commented that he believed this was the best process to use. Planning Director 011ie commented that she believed re-platting was the cleanest means to zone property. She explained that unless the City had someone monitoring the agreements, they can fall through the cracks. Mayor Pro Tern Byboth stated that if the property sold, a certificate of occupancy would be required and the parking would have to be met prior to the Certificate being issued. Councilman Porter suggested asking the property owner (A. & W. Properties) which process he would prefer. Minutes—October 9, 2007 Wylie City Council Page 7 Applicant Discussion Mr. Tom Allred owner of A & W Properties (applicant) addressed Council stating that he had applied for the parking agreement in lieu of re-platting because of the cost involved in procuring a surveyor which he estimated would cost in the neighborhood of $3,000 plus new plats and filing which would run an additional $1,400; on top of any additional parkland fees. He stated that while he appreciated the waiving of zoning fees, he requested Council approve the proposed parking agreement. He reported that after reviewing the parking regulations within the zoning ordinance, he found that there were two means of parking arrangements in the event he sold the property. The first was to continue the proposed parking agreement if the same person were to purchase both lots. The second allowed for approval by Council to approve "shared parking" should separate owners purchase to two lots. He commented that at the present time he had no intention of selling the property, but those options would allow for that. He explained that should the property sell, a certificate of occupancy would be required of the new business owners thereby allowing the City a mechanism to check the parking requirements. He noted that he believed the City had ordinances in place that would track the agreements and ownership of the property. Councilman Porter stated that he believed any person wishing to purchase the lots in the future, would research the parking prior to signing a contract. Councilman Goss stated that he believed the tracking of the ownership was in place. Mayor Mondy stated that he believed the property should be re-platted so to not push a problem upstream and have to deal with it in the future. Mayor Pro Tem Byboth stated that he did not consider the lack of one parking space to be of as much importance as the tax revenue this property will generate, now or in the future. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve an Alternative Parking Agreement for A&W Properties Addition, Block A, Lots 1 and 2; Subject property being generally located north of FM 544 and west of FM 1378. A vote was taken and passed 6-1 with Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Porter, Councilman White, Councilman Young, and Councilman Goss voting for approval and Mayor Mondy voting against. 6. Consider, and act upon, Ordinance No. 2007-34 updating the Thoroughfare Impact Fees to be assessed by the City of Wylie and amending Ordinance 2006-47; establishing a collection date; establishing procedures and regulations regarding thoroughfare impact fees; and authorizing the Mayor to sign the appropriate compliance statement. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on August 28, 2007 Council adopted an Ordinance setting the date for a public hearing on the proposed Thoroughfare Impact Fees. Council also approved the 10-year Capital Improvements Plan at that same meeting. Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees, and a public hearing was conducted to receive public comments on the proposed Thoroughfare Impact Fees. The impact fee report recommends that the City be divided generally along SH 78, into the west and east service area. He reported that the Impact Fee Advisory Committee had met and made two recommendations. One was to leave the current fees for both east and west in place and the other was to confirm that the fees are comparable to other cities. Mr. Holsted reported that staff had performed a survey and found the fees to be comparable to other cities and had included that survey in the agenda packets. Minutes—October 9, 2007 Wylie City Council Page 8 Council Action A motion was made by Councilman Porter seconded by White to approve Ordinance No. 2007- 34 updating the Thoroughfare Impact Fees in the amount of $434.50 per service unit for the west zone and $718.50 per service unit for the east zone and amend Ordinance 2006-47; establishing a collection date; establishing procedures and regulations regarding thoroughfare impact fees; and authorizing the Mayor to sign the appropriate compliance statement. A vote was taken and passed 7-0. 7. Consider, and act upon, Resolution No. 2007-32(R) requesting the State of Texas Department of Transportation release ownership and control of FM 1378 from FM 544 to FM 3412, and FM 3412 from FM 1378 to SH 78. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the reconstruction of FM 1378 from FM 544 to FM 3412 (Brown St.) was funded in the 1999 City of Wylie Bond Program as well as the 1999 Collin County Bond Program. The Texas Department of Transportation also has approximately $900,000 available for the project. Since the project was originally funded, the construction cost of the project has increased significantly. Collin County has submitted a request to the North Central Texas Council of Governments for additional funding in the amount of$5,832,000. The project includes expansion to 6-lanes of concrete with sidewalks and underground storm drainage. He reported that TxDOT was 18 — 24 months from beginning the project; based on the construction of the new municipal buildings, staff is requesting the area be taken off state ownership and allow the construction to begin on schedule. Council Discussion Councilman Young asked if the section went past the railroad tracks. City Engineer Holsted replied that it did not. Councilman Porter asked if area at S.H. 544 and 1378 would be realigned. Mr. Holsted replied that it would when TxDot completed the 1378 project. Councilman Porter asked if there was any chance of losing the $900,000. Mr. Holsted replied that could happen if TxDOT determined it did not meet their requirements. Mr. Hoisted commented that he believed it would still be better to move forward with the municipal construction projects than to wait an additional 2 years. Council Action A motion was made by Councilman Young, seconded by Councilman Goss to approve Resolution No. 2007-32(R) requesting the State of Texas Department of Transportation to release ownership and control of FM 1378 from FM 544 to FM 3412, and FM 3412 from FM 1378 to SH 78. A vote was taken and passed 7-0. 8. Consider and act upon award of a contract to Tri-Con Services, Inc. in the amount of $3,713,509.45 for the reconstruction of Ballard Avenue from Stone Road to Alanis Drive. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the Ballard Ave. paving project includes the reconstruction to a 4-lane concrete roadway with an underground drainage system, the installation of an emergency traffic signal at Fire Station No. 1, and related utility relocations. On September 26, 2007 the City opened five bids with the low base bid and alternate being submitted by Tri-Con Services, Inc. The installation of the emergency signal at Fire Station No. 1 was bid as an alternate. The project includes Minutes—October 9, 2007 Wylie City Council Page 9 approximately 25,305 square yards of 8-inch concrete pavement, 2,833 square yards of concrete sidewalk, 4,800 linear feet of water line replacement, and 1,180 linear feet of sanitary sewer replacement. The water line replacement includes the installation of a 16-inch water line which will serve the future 1.5 million gallon elevated storage tank located at Fire Station No. 1. Council Action A motion was made by Councilman Goss, seconded by Councilman Porter to award a contract to Tri-Con Services, Inc. in the amount of $3,713,509.45 for the reconstruction of Ballard Avenue from Stone Road to Alanis Drive. A vote was taken and passed 7-0. 9. Consider, and act upon, Resolution No. 2007-33(R) suspending the October 25, 2007, effective date of Atmos Energy Corp., Mid-Tex Division requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with Atmos Cities Steering Committee and other cities in the Atmos Energy Corp., Mid-Tex Division Service area to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; requiring reimbursement of cities' rate case expenses; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the company and legal counsel. (M. Manson, City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Railroad Commission issued a Final Order approving new system-wide rates for customers of Atmos Energy's Mid-Tex Division in May. Residential rates were increased by$10 million annually. Also in May, Atmos Mid-Tex filed its application for its fourth GRIP surcharge in four years, seeking to increase the rates of all customers by $12 million annually. Despite both of these recent actions to increase customers' rates, Atmos Mid-Tex has filed an application with cities retaining original jurisdiction over rates and services to increase system-wide rates by another$52 million. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to approve Resolution No. 2007-33(R) suspending the October 25, 2007, effective date of Atmos Energy Corp., Mid-Tex Division requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with Atmos Cities Steering Committee and other cities in the Atmos Energy Corp, Mid-Tex Division Service area t hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals; requiring reimbursement of cities' rate case expenses; finding that the meeting at which this Resolution Is passed is open to the public as required by law; requiring notice of this Resolution to the company and legal counsel. A vote was taken and passed 7-0. 10. Consider, and possible action, on request for funding by Collin County Children's Advocacy Center, Equest Therapeutic Horsemanship, Friends of the Smith Public Library, Plano Children's Medical Clinic, and Wylie ISD Education Foundation. (M. Manson, City Manager) Minutes—October 9, 2007 Wylie City Council Page 10 Staff Comments Assistant City Manager Butters addressed Council stating that on September 25, 2007 the Council heard presentations from the above listed organizations regarding proposed funding allocations, per Ordinance No. 2005-52. A total of$33,000 has been allocated from the FY 2007/2008 Budget. Council Discussion Mayor Pro Tem Byboth suggested that the funds be divided as follows: $10,000 to Collin County Children's Advocacy Center; $5,000 to Equest Therapeutic Horsemanship; $5,000 to Friends of the Rita & Truett Smith Library; $8,000 to the Plano Children's Medical Clinic, and $5,000 to the WISD Education Foundation. Councilman Young asked if the ordinance required the Council to give these not for profit donations. Mayor Mondy replied that it did not however requests were sent this year for those wishing to apply for the funds. Councilman Young stated that he believed the Council needed to review this process during the next year's budget work sessions to determine if these funds should be given in years of revenue restraints. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to allocate funding in the amount of: $10,000 to Collin County Children's Advocacy Center; $5,000 to Equest Therapeutic Horsemanship; $5,000 to Friends of the Rita & Truett Smith Library; $8,000 to the Plano Children's Medical Clinic, and $5,000 to the WISD Education Foundation. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Goss, Councilman Young, and Councilman Porter voting for approval and Councilman White voting against. 11. Consider, and act upon, Resolution No. 2007-34(R) nominating candidates to the Board of Directors for the Central Appraisal District of Dallas County for a two year term beginning January 1,2008. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that recently passed House Bill 1010 has changed the appraisal process for cities in more than one county. Each county is required to appraise for their individual county; cutting off at each county line. Previously, each city could opt to appoint one county to appraise all property within the incorporated city, thus the city will know have three appraisal districts, Rockwall, Dallas and Collin performing appraisal of property within the City of Wylie. Council is asked to consider a Resolution nominating a candidate for the Dallas Central Appraisal District for the Board of Directors which must be delivered to the Chief Appraiser before October 15, 2007 Council Discussion Mayor Mondy asked for nominations from the Council for the Board of Directors for the Central Appraisal District of Dallas County for a two year term beginning January 1, 2008. No nominations were made. NO COUNCIL ACTION WAS TAKEN ON THIS ITEM. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2007-34 into the official record. Minutes—October 9, 2007 Wylie City Council Page 11 WORK SESSION • Discussion related to the North Texas Municipal Water District (NTMWD) "Take Or Pay" project. (C. Holsted, City Engineer) City Engineer Hoisted gave a presentation regarding current proposals being offered by North Texas Municipal Water District and the "Take or Pay" project. He explained that each city within the member cities would be required to agree on one of the ten options being offered by NTMWD. Wylie NTMWD board representation Marvin Fuller explained some of the reasons behind the "Take or Pay" requirements in relation to the ongoing infrastructure needs of NTMWD and the costs of capital improvements to the district. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 8:30 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—October 9, 2007 Wylie City Council Page 12 r NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity July 11, 2007 Mr. Mindy Manson, City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: Water Supply Contract Amendment Dear Mr. Manson: The North Texas Municipal Water District has received requests from some of its Member Cities for an amendment to the current Water Supply Contract to modify the current rate methodology. In response to these requests and in order to evaluate the potential financial impact of a modification to the current rate methodology to the Member Cities, the NTMWD Board of Directors obtained the services of R. W. Beck, Inc. Enclosed is a copy of R. W. Beck's report entitled "Analysis of Alternative Rate Methodologies" for North Texas Municipal Water District for your review. The report is based on a review of the District's recent operating and financial conditions and includes ten (10) potential modifications or alternatives to the current rate methodology based on suggestions received from NTMWD Member Cities as well as staff and consultants. Also,enclosed is a whitepaper titled"Background for Current Water Rate Methodology." Since a contract amendment involves all thirteen Member Cities, it is important that each city understand and carefully consider the impacts of an amendment. Therefore, the Board of Directors is asking that each Member City review R. W. Beck's report over the next three to four weeks. Once all thirteen Member Cities have reviewed the report, the NTMWD will be pleased to host a meeting of the thirteen Member Cities, if requested. The purpose of such a meeting would be to provide a forum for discussion among the Member Cities in order to determine if a consensus for contract change can be reached. Again, any contract change will require the approval of all thirteen Member Cities and the NTMWD. 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972J442-5405 Fax:972/442-5405 Mr. Mindy Manson July 11, 2007 Page 2 The Board of Directors is asking that each Member City notify the NTMWD in writing by August 6, 2007, if your city wishes to take part in a joint meeting or if you would like for a representative from R. W. Beck to further review the report with you individually. This is a complicated issue that affects each Member City differently. If a consensus can be reached, the NTMWD's Board of Directors can consider the change at its next available Board meeting. Action by each of the thirteen Member Cities could then occur as soon as each city is ready. Should you have any questions or if you need additional information, please contact Mr. Judd Sanderson, Director of Finance for NTMWD, at 972/442-5405. Sincerely, m,Af:,,\(v\R - J MES M. PARKS E ecutive Director JMP/mcf Enclosures cc: NTMWD Board of Directors EXECUTIVE SUMMARY In January 2007, R.W. Beck, Inc. (R.W. Beck) was engaged by North Texas Municipal Water District (NTWMD) to review and analyze the District's existing water rate contractual provisions with its Member and Customer Cities. As part of this engagement, R.W. Beck's Project Manager, Mr. Jack Stowe conducted one-on-one interviews with representatives from 12 of the 13 Member Cities. R.W. Beck was also tasked with reviewing and quantifying the historical impact of ten (10) alternative rate methodologies and the impact of each respective method on the charges to the Member Cities. The results of this analysis were presented to the NTMWD Board of Director's Water Committee on June 28`h, 2007 and, at their direction, the attached report was prepared detailing the analysis. The methodologies that were considered are summarized below: • Method #1 — Reduce the minimum annual demand by 10% every five (5) years • Method #2 — If current minimum annual demand is not reached for three (3) consecutive years, then minimum annual demand is adjusted to reflect the highest demand during the previous three (3) year period • Method #3 — 3-year rolling average used to determine minimum annual demand • Method #4 — Prior year consumption used to determine minimum annual demand • Method#5 —Eliminate the excess water rate • Method #6 — Eliminate the excess water rate and use prior year consumption to determine minimum annual demand • Method#7—Transfer excess minimum annual demand between the cities • Method#8—Two-part rate structure based upon peak day usage • Method#9—Allocate costs based upon actual consumption • Method #10 — Maintain current rate methodology and establish additional water conservation surcharge The chart contained at the end of the Executive Summary illustrates the total net impact of each method to each of the Member Cities from 2003 to 2006. A positive number on this table indicates additional charges that would be incurred under the respective method. A negative number indicates reduced charges that would be incurred. li 1 WI ii[[K EXECUTIVE SUMMARY In reviewing the results of this analysis, it is important to remember that under each alternative method, only the cost responsibility between the Cities is changing. The revenue received by NTMWD cannot be significantly reduced unless the services provided by NTMWD are reduced. R.W. Beck would also like to note that this analysis is historical in nature and does not necessarily indicate future results. Additionally, the results of this analysis must be considered in light of the assumptions utilized and presented in Section 2.2 of the attached report. It is also important to note that any change to the current contractual provisions of NTMWD will require significant effort. Specifically, any contract change would require consent of all 13 Member Cities and NTMWD. In addition, the potential also exists that approval from 51% of the NTMWD bondholders may also be required. ES-2 R. W. Beck Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 10/04/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, a Final Plat creating two (2) lots for Oncor Lavon Switching Station, Block A, Lots 1 & 2 generally located north of Brown Street extending to SH 78 and west of Eubanks Lane. Recommendation Motion to approve a Final Plat creating two (2) lots for Oncor Lavon Switching Station, Block A, Lots 1 & 2 generally located north of Brown Street extending to SH 78 and west of Eubanks Lane. Discussion The property is a portion of a 71.26 acre tract zoned in March 2006 from Agricultural to Planned Development 2006-19. At the time of zoning, the exhibit was to serve as the preliminary plat. The exhibit designate areas for industrial, commercial and parkland uses. The purpose of this plat is to establish 2 lots totaling 53.326 acres. Lot 1 consists of a 39.020 partially developed tract with an existing TXU electrical substation located towards the northern portion of the property. This area was designated by PD2006-19 for industrial uses. Additional construction onsite for utility infrastructure to accommodate a `switching station' has begun. Lot 2 consists of a 14.306 undeveloped vegetated tract that is being dedicated to the City of Wylie for park purposes. This area was designated by PD2006-19 for parkland uses. The applicant has agreed to provide an entry feature, parking and entry drive (via Brown Street) to accommodate the property for those uses. The Planning & Zoning Commission voted 7-0 to recommend approval, subject to additions/alterations by the Engineering Department. The Final Plat complies with all applicable technical requirements of the City of Wylie including the Subdivision Ordinance. Approved By Initial Date Department Director RO 10/4/07 City Manager YNIA (0 /( cc(0-1 Page 1 of 1 21.01 0374 BJ 92 124.J9 32.31 UNE TABLE BJ 5h 54.12 •AY MIL•AWE UNE BEARING LENGTH 6s`6 POINT OF LI 541.38'20 V 24.73 l2 50724.39w 103.a2 BJ„ 6 COMMENCING L O 503.40.16w 121.56 oS 615.29.16w 95.97 L5 p 50854'45w 129.08 LA 6 8 S21304.78.17 +4,05.54.91 `71.9 `, P� *n� LT L0 65'25'36w J2-68 GN�S II L9 824'12'58w 158.20 N M 'S6401 LID 75'21'12w 54.02 LI1 N1 2•4426w 43.07 V L12 871 17'35w 77.14 GRAPHIC SCALE �j.PNYS B '25'4219 Bs46 .85 lF. A=11'26'42" LIS Nzr43•ew 4Y87,85 <Tx Tm l A=T 18'51• s oo R=2609.96' €1 LIE N0 13'43 E 18.25 R-2436.54' µ,I6 L-521.34' L+ n Inst.-loon L-311.04' CH=N62'22'40'E oR.c.cT. CH=N55'21'07'E NN 520.48' 310.83' 01 \ p?o� \ p \ VP-I."' 88TOI.32w-1824• \ w w.. TEXAS PONER AND \ �I. yIw�LIGHT COMPANY \ �,?iA S2V38'11^I-MM. \ rl - \ VOL.1351,PC.434 / Q C CERTIFICATE OF APPROVAL D.R.C.C.T. ,4:'''' ,58 N \ /, \ Z RECOMMENDED FOR APPROVAL ry C6;' VI DENNIS HAIRM LARSON DATE ryN° ��r°c p 53.326 ACRES r 4 p CHAIRMAN, OFAWVYLIE.TEXAPLANNING Se ZONING COMMISSION (2,322,880 SQUARE FEET) D Nv \ \ N 0 APPROVED FOR CONSTRUCTOR m N, s ,,°.°c F°p \ TXU ELECTRIC COMPANY w h�19 VOL 1.R.0 PG.1333 JOH1 CIWINTY DATE ' �`\ D.R.GC.T. MAYOR.CITY OF WYLIE,TEXAS $3. L7 • S4P38.30•W a 3J`>r55 �,1 Y4. \ \ ACCEPTED <� LOT 1 POINT OF el) \7 \ 39.020 AC. c� BEGINNING 8 q OHN MONDY DATE $ j' MAYOR,CITY OF WYLIE.TEXAS \��" \ 'w IIIS . THE UNDERSIGNED,THE CITY SECRETARY OF THE CITY OF WYLIE.TEXAS, rL��T HEREBY CERTIFIES THAT THE FOREGOING FINAL PLAT OF THE ONCOR C \ \ JAND VCE.DOLORES SUM LAYOFF TO THESWITCHINO STATION CI OFBLOCK I S A,LOTS SUBMITTED SUBDIVISION CITY COUNCIL m 5 ON THE DAY OF 2007,AND THE COUNCIL,BY \ FORMAL ACTION.THEN AND THERE ACCEPTED THE DEDICATION OF STREETS.ALLEYS,PARKS,EASEMENTS,PUBLIC PLACES.AND WATER Os \ i J WEDGE. AND SEWER LINES AS SHOWN AND SET FORTH IN AND UPON SAID PLAT \t§4, \ . +N.. AND SAID COUNCIL FURTHER AUTHORIZED THE MAYOR TO NOTE THE \ ACCEPTANCE THEREOF BY SIGNING HIS NAME AS HEREIN ABOVE L14 fff 8 SUBSCRIBED. us FT L72 �}\ \ A A = N \ +O WITNESS MY HAND THIS_ DAY OF \ k J ..4\ ------ g I:, 'Z CARaE EHRLICH !°. 22 CITY SECRETARY S� \ # r CITY OF WYLIE,TEXAS on ccT a �t>'�4.% 0 r-. ^,>,p .... y' 305.20' l JZDENIED \ I I ,_OCT JO S E007 _ i 5p,i �� 8 N FINAL PLAT �. L. L11 L7o ? N°J671"Y7S43' -� — ONCOR LAVON SWITCHING STATION ',:NI ; IF A BLOCK A, LOTS 1 &2 O FOUND CORNER(TYPE NOTED) • N yl I2 • SET 5/8.IRON ROD W/YELLOW y o LOT 2 71 IH . j! m SITUATED IN THE FRANCISCO DE LA PINA SURVEY, PLASTIC CAP STAMPED'LAG' 4 1 Ic h o9ccT ABSTRACT NO.688 (UNLESS OTHERWISE NOTED) 14.306 AC. BI I, Su pi - - (DEDICATION TO THE CITY OF WYLIE) 1 1 B CITY OF WYLIE,COLLIN COUNTY,TEXAS 1 1 W Tn 1 1 ,A 4 1 E§ _ 1 1 SURVEYOR: OWNERIDEVELOPER: 21J0' [['' pF'R.a.w.GEIncsT�o�IO rNE ury I i 8 v LOPEZGARCIA GROUP ONCOR ELECTRIC DELIVERY COMPANY ._ 1-_ rrr'.n. - ,T v„ 1825 MARKET CENTER BLVD. 115 W.7TH STREET � w' _-_ -. -- I___;_ mN • L7 SUITE 500 ROOM 1125 428.08' DALLAS.TN_XWS 75207 WORTH,TEXAS 78102 NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS NBT57'2914 1063,08' I PHONE:(214)741-7777 IIr^ 11,1,.'r NE:(817)2158282 IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT BROWN ROAD ,,s FAX:(214)741-9413 01 SEP 372007 TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. (A VARIABLE WIDTH RIOHT-OF-WAY) SEPTEMBER 28,DEBT x. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: C Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 9/25/07 Budgeted Amount: Proposed Public Art Advisory Exhibits: Board By-Laws Subject Consider, and act upon, adoption of the Public Arts Advisory Board Bylaws approved by the Public Arts Advisory Board on September 20, 2007. Recommendation A motion to accept and adopt the Public Arts Advisory Board Bylaw approved by the Public Arts Advisory Board on September 20, 2007. Discussion Ordinance No. 2006-37 established the Public Arts Advisory Board for the City of Wylie, and the ordinance is codified in the City Code of Ordinances as Chapter 2, Article X. Pursuant to Ordinance No. 2006-37, Section 14 (e) the Public Arts Program will develop, for City Council approval, a set of bylaws governing rules of procedure for their meetings and operation. On September 20, 2007 the Public Arts Advisory Board met for their first time. Attached is a copy of the bylaws that were approved at that meeting. The minutes to the said meeting were approved on October 18, 2007. Accordingly, the board is requesting that City Council review and accept the by-laws as approved and presented. There are no financial considerations. Approved By Initial Date Department Director CE 9-25-07 City Manager t"\ LO In 107 Page 1 of 1 CITY OF WYLIE PUBLIC ARTS ADVISORY BOARD BYLAWS ARTICLE I Name Section 1. The Public Arts Program is hereby established to, among other things, promote and encourage public and private art programs, to further the development and awareness of, and interest in, the visual arts, to create an enhanced visual environment for city residents, to commemorate the city's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the city's capital infrastructure improvement and to promote tourism and economic vitality in the city through the artistic design of public spaces. Section 2. The Public Arts Advisory Board is hereby established to, among other things, promoting art, selecting works of art and artists for commissioned pieces of art and implementing the public arts master plan. The board will, among other things, oversee the public arts program and act in an advisory capacity to the City Council. Section 3. As authorized by the City Charter, City of Wylie and City Ordinance No. 2006-37, this body shall be known as the Public Arts Advisory Board. ARTICLE II Members Section 1. Number of Members/Qualified Appointment. The Board shall consist of seven (7) members, with the Board members to be appointed by the City Council for a term of two years; provided however, that the members of the first board to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (3) members shall serve two (2) year terms; provided, however, that of the initial appointments made under this Ordinance, shall be for a term commencing on August 22, 2006 and one year terms expiring on June 30, 2007 and two year terms expiring on June 30, 2008. Section 2.Terms. No Board member shall serve for more than three (3) consecutive terms; provided, however, should a Board member's replacement not be qualified upon the expiration of any term of a Board member, then that Board member shall holdover on the Board until a qualified replacement Board member has been appointed. Section 3. In addition to the seven Board members, the City Manager shall serve as an ex officio member of the Board, but shall have no right to vote on any matter before the Board. Each Board member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. Section 4. Qualifications. Each board member shall be a qualified voter of the city and shall not be an employee of the city. Each board member shall have any other qualification as the City Council deems necessary and appropriate. ARTICLE III Officers Section 1. The officers of the Board shall be a Chairperson, A Vice-Chairperson and a Secretary. Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Public Arts Advisory Board members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings. (ii) Represent the Public Arts Advisory Board at public functions (iii) Appoint special committees. (iv) Assist City of Wylie Staff Liaison in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) The secretary will be responsible for recording the minutes. Public Advisory Board Bylaws 2 Adopted: By PAAB September 20, 2007 Approved by City Council October 23, 2007 (ii) The City of Wylie Staff Liaison will be responsible for distributing minutes to the City Council, Public Arts Advisory Board and City Manager. An official record of attendance will be kept in the minutes. ARTICLE IV Meetings Section 1. The Public Arts Advisory Board shall meet at least once (1) each month at such time and place as shall be fixed by the board by its standing rules, which meetings shall be open to the public. Section 2. Special meetings may be called by the chairperson or by written request sent to the chairperson or vice-chairperson by three members of the board. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Council and the City Manager. The board shall have technical and logistical support provided as designated by the City Manager. Section 3. Four (4) board members shall constitute a quorum of the Board for the purpose of conducting its business, exercising its power and for all other purposes. No action of the Board shall be valid or binding unless adopted by the affirmative vote of a majority of those Board members present and voting. Section 4. When vacancies occur on the Board, the City Council shall appoint, by majority vote, a replacement to serve the remainder of the term. Section 5. Each Board member serves at the pleasure of the City Council and may be removed at the discretion of the City Council. Board member absences shall be controlled by Article VIII of the Wylie's Charter. Section 6. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. Section 7. The board shall have a chairperson and vice-chairperson whose terms shall be one year. The chairperson and vice-chairperson shall be elected by the board members. Neither the chairperson nor vice-chairperson shall serve as an officer for more than two (2) consecutive terms. The chairperson shall preside over meetings and shall be Public Advisory Board Bylaws 3 Adopted: By PAAB September 20, 2007 Approved by City Council October 23, 2007 entitled to vote upon each issue. The vice chairperson shall assist the chairperson in directing the affairs of the board. In the absence of the chairperson, the vice-chairperson shall assume all duties of the chairperson. ARTICLE V Powers and Duties of Board Members Section 1. The Board shall act principally in an advisory capacity to city staff and the City Council in any matter pertaining to art. Section 2. The Board may solicit, on behalf of the city, gifts, revenues, bequests or endowments of money and/or property as donations and/or grants from persons, firms or corporations, subject to the guidance, approval and acceptance by the City Council. Section 3. The Board, through its Chairperson, shall make an oral and/or written report annually to the City Council concerning its activities during the past year and its proposals for the coming year. Section 4. The Board's authority shall not extend to the direction, supervision, employment or termination of Wylie employees. No supervisory power of the Board is created. Section 5. The Board will develop, for City Council approval, a set of by-laws governing rules of procedure for their meetings and operation. Section 6. The Board shall not have the power to obligate the city for funds and/or expenditures or incur any debt on behalf of Wylie. Section 7. All powers and duties prescribed and delegated herein are delegated to the Board, as a unit, and all action hereunder shall be of the Board acting as a whole. No action of an individual Board member is authorized, except through the approval of the Board or City Council. Section 8. The Board shall advise and make recommendations to City Council pertaining to the execution of the public arts master plan. Section 9. The Board shall advise and make recommendations to the City Council pertaining to, among other things, policies and procedures as identified in the public arts master plan; artist selection juries and process; commission and placement of artworks; and maintenance and removal of artworks. Section 10. The Board shall have any other power and/or duty as prescribed and authorized by the City Council. Public Advisory Board Bylaws 4 Adopted: By PAAB September 20,2007 Approved by City Council October 23,2007 ARTICLE VI Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Public Arts Advisory Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board meeting and a final report on completion of assignments. ARTICLE VII Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least three days prior to such meeting. Such amendment would then be subject to approval by City Council. Public Advisory Board Bylaws 5 Adopted: By PAAB September 20, 2007 Approved by City Council October 23, 2007 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: D Department: Planning (City secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: October 11, 2007 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2007-35 amending the zoning from Planned Development (PD) District with a Specific Use Permit (SUP) to Planned Development (PD) District for Neighborhood Service uses on 2.029 acres, generally located on the NEC of Collins Blvd. & F.M. 544 (S. Stone Rd.)ZC 2007-05 Recommendation Motion to approve Ordinance No. 2007-35 amending the zoning from Planned Development (PD) District with a Specific Use Permit (SUP) to Planned Development (PD) District for Neighborhood Service uses on 2.029 acres, generally located on the NEC of Collins Blvd. &F.M. 544 (S. Stone Rd.). Zoning Case 2007-05 Discussion Owner: LT Lake Trails 544, L.P. Applicant: Mr. Phil Clegg, Managing Director Zoning Case 2007-05 requires an Ordinance to amend the zoning accordingly in the Official Zoning Map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. 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. Approved By Initial Date Department Director R 10/11/07 City Manager ( 1O Y� col (-7 /cq Page 1 of 1 ORDINANCE NO. 2007-35 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 NUMBER 2007-05, FROM PLANNED DEVELOPMENT (PD) DISTRICT WITH A SPECIFIC USE PERMIT (SUP) TO PLANNED DEVELOPMENT (PD) DISTRICT FOR NEIGHBORHOOD SERVICE USES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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 Planned Development (PD) District for Neighborhood Service uses, said property being described in Exhibit "A", Exhibit "B" (PD Conditions) and Exhibit "C" (Concept Plan) 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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2007-35 Amending Zoning Zoning Case 2007-05 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 23rd day of October, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 31,2007 Ordinance No.2007-35 Amending Zoning Zoning Case 2007-05 Exhibit"A" Legal Description Zone Case#2007-05 BEING situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition. Exhibit B Zoning Case No.: Conditions of the Planned Development District NE Corner of FM 544 and Collins Blvd. in the City of Wylie, Collin County, Texas Lot 1 Block E and Lot 2 Block E of Bozman Farm Estates, Comprising 2.02 Acres A. General Conditions: 1. This Planned Development District request shall not affect any regulation found within the Code of Ordinances, unless specifically provided herein. 2. All regulations of the existing Neighborhood Services (NS) Zoning set forth in Article 4 of the Zoning Ordinance (as adopted January, 2006) are included by reference and shall apply as specifically stated herein. B. Special Conditions: 1. The requirements as outlined in Figure 4-6, Site Design Requirements, Base Standard will apply as well 4 of the following design requirements listed under Desirable thereby meeting 4 of the 8 characteristics as required by the Ordinance: i. Page 55, Building Placement, (c) Front façade oriented to the street ii. Page 57, Access Drives, (a) Combined access points with adjacent tracts and (b) Direct connection between buildings and street iii. Page 58, Location of Service and Loading Areas, (a) Not visible from public street but provide masonry screening 2. The requirements as outlined in figure 4-7, Landscaping Design Requirements, Base Standard will apply as well 6 of the following design requirements listed under Desirable thereby exceeding the 4 of 8 characteristics as required by the Ordinance: i. Page 58, Landscaping in Required Yards, (a) Landscaping that exceeds the minimum by 20%, thereby increasing the desirable characteristic by an additional 10% ii. Page 59, Landscaping of Parking Lots, (a) Landscaping 10% or more in excess of 50 sq.ft./ space and (b) Parking lots with no space further than 40 feet from a landscaped area and (c) Landscaped pedestrian connection to both sides of the main entrance which exceeds the requirement of Desirable Characteristic by an additional 100% iii. Page 60, Visual Screening, although required by the Base Standard to be only 3 feet in height when planted, the plants will be 6 feet in height when planted thereby increasing the Base Standard by 100% iv. Page 61, Landscaping of Street Frontages, (a) Use of rock walls or other landscape features and (c) Provision of special benches, pedestrian lighting other streetscape elements 3. The requirements as outlined in Figure 4-8, Architectural Design requirements, Base Standard will apply as well as 4 of the following design requirements listed under Desirable thereby exceeding the 3 of 6 characteristics as required by the Ordinance: i. Page 62, Building Materials, (a) Use of two complementary primary façade materials to help achieve façade articulation, visual variety and/or architectural detailing and (b) Copy same style entire block ii. Page 62, Building Materials, Base Standard, (a) Buildings will be constructed of brick with at least 40% stone on the front façade thereby increasing the Base Standard by 100% iii. Page 63, Building Articulation, Form and Massing, (b) Use of Architectural detailing and/or materials to provide variety in visual appearance iv. Page 65, Architectural Compatibility, (b) Buildings with hip roof sections, dormers or two or more gable roof sections at right angles to each other 4. The following uses shall be permitted by right as functions of the PD: i. Day Care Facility ii. School (Public or Private) Elementary iii. School (Public or Private) Secondary iv. Financial Institution (without drive thru) v. General Office vi. Medical Clinic vii. Health Club viii. Club or Lodge (Nonprofit) ix. Dry cleaning or Laundry, Drop-Off or Self Service x. General Merchandise or Food Store 5,000 sq.ft. or less xi. Household Equipment &Appliance Repair xii. Personal Service Use xiii. Restaurant without Drive-In or Drive Thru Service xiv. Accessory Community Center (Private) xv. Accessory Game Court (Private) xvi. Swimming Pool (Private) 5. The Following uses shall be permitted with Special Use Permit (SUP): i. Animal Boarding/Kennel without Outside Pens ii. Financial Institution (with drive thru) iii. Animal Clinic or Hospital iv. Food Processing v. General Merchandise or Food Store greater than 5,000 sq.ft. vi. Motor Vehicle Fueling Station 6. Any drive-thru service windows will not be located on any wall that is facing public streets. 1,4 r.0 LOT d BLOCK X 44. r r ra CCSERV j 4401 *i. UMW .r a,-,'r - lk 43* r*T- y 1 ter T! '''�i �1 /. . , w , POINT OF ►ARKINfi , V �b 1 r2 t.1 BEGINNING r .• cso RF 58913'54'E 484.39' J�'N. ,: :, 1 Aim.SCREENING IIIIP II PROPOSED PADORAMMINAI ti — 4 SITE e4 INGI�ls ` RE�i fYY HI 1 ChK.U1G/TNG rAR1d11C TURN AROU#1D 7 �•�^• ' PRiiTfC*6 COWIN=ACCCit TO � (AIr AMA AflJAClM TRACTS d NORMp iaRSIN 10 tilt O A -- - /1 fIT WALKING O 1°9° MAIL s V0 25iii 4+ ' Now GRAPHIC SCALE IN FEET CONCEPT PLAN Planned Development District Zoning Case No. : Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: October 15, 2007, Budgeted Amount: Exhibits: Revenue and Budget Report Subject Consider, and place on file, the Monthly Revenue and Expenditure Reports for City of Wylie, Texas as of September 30, 2007. Recommendation Motion to place on file the Monthly Revenue and Expenditure Reports for the City of Wylie, Texas as of September 30, 2007. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 10/15/07 City Manager rn VY\ t7 J n (O1 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:SEPTEMBER 30,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 12,696,160.00 12,011,495.58 -684,664 a FRANCHISE FEES 1,671,130 1,671,130.00 1,793,301.95 122,172 LICENSES AND PERMITS 1,153,000 1,153,000.00 1,056,719.86 -96,280 INTERGOVERNMENTAL REV. 345,440 345,440.00 605,174.63 259,735 SERVICE FEES 2,068,400 2,068,400.00 1,924,355.55 -144,044 FINES AND FORFEITURES 541,000 541,000.00 537,266.85 -3,733 INTEREST INCOME 260,000 260,000.00 412,837.47 152,837 MISCELLANEOUS INCOME 79,470 79,470.00 96,240.72 16,771 OTHER FINANCING SOURCES 827,860 827,860.00 846,366.84 18,507 TOTAL REVENUES 19,642,460 19,642,460 19,283,759 -358,701 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 129,500.00 98,805.45 -30,695 CITY MANAGER 438,900 438,900.00 383,169.38 -55,731 CITY SECRETARY 234,220 234,220.00 203,182.26 -31,038 CITY ATTORNEY 133,000 133,000.00 90,792.89 -42,207 FINANCE 694,630 694,630.00 607,728.97 -86,901 FLEET&FACILITIES SVC 186,150 186,150.00 168,218.10 -17,932 MUNICIPAL COURT 272,340 272,340.00 251,131.21 -21,209 HUMAN RESOURCES 191,070 191,070.00 180,638.75 -10,431 PURCHASING 104,140 104,140.00 96,414.18 -7,726 INFORMATION TECHNOLOGY 234,020 234,020.00 227,011.41 -7,009 POLICE 4,490,396 4,490,395.62 4,019,491.08 -470,905 FIRE 4,347,260 4,347,260.00 3,865,727.68 -481,532 ANIMAL CONTROL 311,970 311,970.00 261,863.69 -50,106 PLANNING 424,610 424,610.00 293,572.51 -131,037 BUILDING INSPECTION 680,970 680,970.00 637,816.47 -43,154 CODE ENFORCEMENT 148,460 148,460.00 121,699.82 -26,760 STREETS 1,952,290 1,952,290.00 1,505,626.55 -446,663 PARKS 1,326,210 1,326,210.00 1,185,682.33 -140,528 RECREATION 307,540 307,540.00 296,304.63 -11,235 LIBRARY 669,430 669,430.00 598,924.42 -70,506 COMBINED SERVICES 3,169,990 3,169,990.00 3,082,949.11 -87,041 TOTAL EXPENDITURES 20,447,096 20,447,096 18,176,751 -2,270,345 REVENUES OVERI(UNDER)EXPENDITURES -804,636 -804,636 1,107,009 1,911,644 a.Approximately 4.61%short of total Property Tax collections. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF:SEPTEMBER 30,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,463,000 8,463,000.00 7,397,488.57 -1,065,511 b INTEREST INCOME 50,000 50,000.00 394,543.78 344,544 MISCELLANEOUS INCOME 136,860 136,860.00 76,513.12 -60,347 TOTAL REVENUES 8,649,860 8,649,860 7,868,545 -781,315 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 364,670 364,670.00 309,084.40 -55,586 UTILITIES-WATER 1,085,390 1,085,390.00 1,010,818.15 -74,572 CITY ENGINEER 439,660 439,660.00 387,798.30 -51,862 UTILITIES-SEWER 599,460 599,460.00 519,734.03 -79,726 UTILITY BILLING 919,730 919,730.00 789,316.92 -130,413 COMBINED SERVICES 6,486,590 6,486,590.00 6,110,101.41 -376,489 TOTAL EXPENDITURES 9,895,500 9,895,500 9,126,853 -768,647 REVENUES OVER/(UNDER)EXPENDITURES -1,245,640 -1,245,640 -1,258,308 -12,668 d. Unanticipated reduction in water usage. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 10-23-07 Item Number: F Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 10-15-07 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2007. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2007. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on October 19, 2007. Approved By Initial Date Department Director SS 10-15-07 City Manager I ` Ii7-i1-07 Page 1 of 1 10-15-2007 10:47 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 271,988.32 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 166,850.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,013,394.99 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 11,946.21 1000-14410 DEFERRED CHARGE 195,610.00 2,659,789.52 TOTAL ASSETS 2,659,789.52 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 55.67 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY i 314.48) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 4,453.98 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20540 NOTES PAYABLE 195,610.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 0.00 TOTAL LIABILITIES 199,805.17 10-15-2007 10:47 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,584,544.76 TOTAL BEGINNING EQUITY 2,584,544.76 TOTAL REVENUE 1,389,139.93 TOTAL EXPENSES 1,513,700.34 REVENUE OVER/(UNDER) EXPENSES ( 124,560.41) TOTAL EQUITY & OVER/(UNDER) 2,459,984.35 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 2,659,789.52 10-15-2007 10:47 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: SEPTEMBER 30TH, 2007 922-GEN LONG TERM DEBT (WEDC) ACCOUNTH TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 23,021.37 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 0.00 2000-28220 BIRMINGHAM LOAN 92,664.00 2000-28230 INWOOD LOAN 710,018.00 2000-28240 HUGHES LOAN PAYABLE 309,991.00 2000-28250 CITY OF WYLIE LOAN 136,493.16 TOTAL LIABILITIES 1,277,384.53 EQUITY 3000-34590 FUND BALANCE ( 1,277,384.53) TOTAL BEGINNING EQUITY ( 1,277,384.53) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,277,384.53) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 10-15-2007 10:48 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,136,130.00 99,715.32 0.00 972,449.36 0.00 163,680.64 85.59 INTEREST INCOME 22,500.00 934.82 0.00 17,961.88 0.00 4,538.12 79.83 MISCELLANEOUS INCOME 63,840.00 5,200.00 0.00 233,728.69 0.00 ( 169,888.69) 366.12 OTHER FINANCING SOURCES 0.00 0.00 0.00 165,000.00 0.00 ( 165,000.00) 0.00 TOTAL REVENUES 1,222,470.00 105,850.14 0.00 1,389,139.93 0.00 ( 166,669.93) 113.63 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 61,980.04 0.00' 1,513,700.34 0.00 263,999.66 85.15 TOTAL EXPENDITURES 1,777,700.00 61,980.04 0.00 1,513,700.34 0.00 263,999.66 85.15 REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) 43,870.10 0.00 ( 124,560.41) 0.00 ( 430,669.59) 22.43 10-15-2007 10:48 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,136,130.00 99,715.32 0.00 972,449.36 0.00 163,680.64 85.59 TOTAL TAXES 1,136,130.00 99,715.32 0.00 972,449.36 0.00 163,680.64 85.59 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 22,500.00 934.82 0.00 17,961.88 0.00 4,538.12 79.83 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 22,500.00 934.82 0.00 17,961.88 0.00 4,538.12 79.83 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 5,200.00 0.00 62,992.90 0.00 847.10 98.67 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 5,486.00 0.00 ( 5,486.00) 0.00 4000-48410 MISC INCOME 0.00 0.00 0.00 4,300.00 0.00 ( 4,300.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 160,949.79 0.00 ( 160,949.79) 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 5,200.00 0.00 233,728.69 0.00 ( 169,888.69) 366.12 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 165,000.00 0.00 ( 165,000.00) 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 165,000.00 0.00 ( 165,000.00) 0.00 TOTAL REVENUES 1,222,470.00 105,850.14 0.00 1,389,139.93 0.00 ( 166,669.93) 113.63 10-15-2007 10:48 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 157,050.00 11,437.06 0.00 151,736.55 0.00 5,313.45 96.62 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 580.00 0.00 0.00 580.00 0.00 0.00 100.00 5611-51145 SICK LEAVE BUYBACK 1,710.00 0.00 0.00 1,180.52 0.00 529.48 69.04 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 8,400.00 646.16 0.00 8,238.54 0.00 161.46 98.08 5611-51220 PHONE ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 14,930.00 1,075.40 0.00 14,338.56 0.00 591.44 96.04 5611-51410 HOSPITAL & LIFE INSURANCE 17,940.00 ( 43.57) 0.00 16,515.86 0.00 1,424.14 92.06 5611-51420 LONG-TERM DISABILITY 880.00 0.00 0.00 429.84 0.00 450.16 48.85 5611-51440 FICA 10,400.00 663.85 0.00 8,206.59 0.00 2,193.41 78.91 5611-51450 MEDICARE 2,430.00 170.27 0.00 2,280.44 0.00 149.56 93.85 5611-51470 WORKERS COMP PREMIUM 850.00 0.00 0.00 411.58 0.00 438.42 48.42 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 90.00 0.00 450.00 16.67 TOTAL PERSONNEL SERVICES 215,710.00 13,949.17 0.00 204,008.48 0.00 11,701.52 94.58 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 255.36 0.00 4,772.83 0.00 2,227.17 68.18 5611-52040 POSTAGE 1,720.00 1.31 0.00 359.85 0.00 1,360.15 20.92 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 4,200.00 167.50 0.00 3,546.41 0.00 653.59 84.44 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 12,920.00 424.17 0.00 8,679.09 0.00 4,240.91 67.18 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 59.99 0.00 1,889.89 0.00 1,110.11 63.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 59.99 0.00 1,889.89 0.00 1,110.11 63.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 139,280.00 0.00 0.00 134,492.00 0.00 4,788.00 96.56 5611-56040 SPECIAL SERVICES 149,950.00 1,086.80 0.00 146,493.71 0.00 3,456.29 97.70 5611-56080 ADVERTISING 50,500.00 2,075.00 0.00 37,640.72 0.00 12,859.28 74.54 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 2,600.00 0.00 39,759.85 0.00 11,740.15 77.20 5611-56110 COMMUNICATIONS 6,020.00 470.86 0.00 5,375.95 0.00 644.05 89.30 5611-56180 RENTAL 17,330.00 510.53 0.00 17,316.98 0.00 13.02 99.92 5611-56210 TRAVEL AND TRAINING 31,350.00 243.74 0.00 15,543.48 0.00 15,806.52 49.58 5611-56250 DUES & SUBSCRIPTIONS 7,770.00 0.00 0.00 7,761.95 0.00 8.05 99.90 5611-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 444.00 0.00 10,963.85 0.00 1,536.15 87.71 5611-56570 ENGINEERING - ARCHITECT SVC 70,020.00 10,725.95 0.00 70,012.80 0.00 7.20 99.99 5611-56610 UTILITIES - ELECTRIC 4,200.00 405.02 0.00 3,795.09 0.00 404.91 90.36 TOTAL CONTRACTUAL SERVICES 542,920.00 18,561.90 0.00 489,459.38 0.00 53,460.62 90.15 10-15-2007 10:48 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: SEPTEMBER 30TH, 2007 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 250,000.00 20,270.85 0.00 245,554.55 0.00 4,445.45 98.22 TOTAL DEBT SERVICE & CAP. REPL 250,000.00 20,270.85 0.00 245,554.55 0.00 4,445.45 98.22 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 0.00 0.00 176,431.00 0.00 28,569.00 86.06 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 25,000.00 0.00 0.00 100.00 5611-58210 STREETS & ALLEYS 485,200.00 0.00 0.00 485,183.26 0.00 16.74 100.00 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 1,900.00 0.00 7,052.81 0.00 2,947.19 70.53 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 ( 155,000.00) 0.00 155,000.00 0.00 TOTAL CAPITAL OUTLAY 726,700.00 1,900.00 0.00 538,667.07 0.00 188,032.93 74.13 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 26,450.00 6,813.96 0.00 25,441.88 0.00 1,008.12 96.19 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 26,450.00 6,813.96 0.00 25,441.88 0.00 1,008.12 96.19 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 61,980.04 0.00 1,513,700.34 0.00 263,999.66 85.15 TOTAL EXPENDITURES 1,777,700.00 61,980.04 0.00 1,513,700.34 0.00 263,999.66 85.15 REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) 43,870.10 0.00 ( 124,560.41) 0.00 ( 430,669.59) 22.43 *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Subledger September 30, 2007 Inventory- Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.00 Perry 707 Cooper 0.491 n/a 200,224.00 Hughes 211 -212 Industrial 0.74 10,000 420,361.00 R.O.W. 0.18 41,585.00 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.00 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 JTM Sale -2.00 -51,032.00 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 29.55 2,013,395.00 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. Wylie Economic Development Corporation Balance Sheet Sub ledger September 30, 2007 Notes Payable Payment Principal Interest Principal Balance August 31, 2007 $1,270,065.98 September Inwood(#23 of 120) $10,754.67 $7,319.77 $3,434.90 $710,017.29 Birmingham(#43 of 60) 5,741.48 5,170.77 570.71 92,664.57 Hughes(#14 of 120) 3,774.70 2,213.67 1,561.02 309,991.11 City of Wylie(#3 of 24) 6,813.96 6,195.64 618.32 136,493.15 September 30, 2007 $1,249,166.12 WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF SEPTEMBER 2007 MONTH WEDC WEDC WEDC DIFF % DIFF 2005 2006 2007 06 VS 07 06 VS 07 DECEMBER $58,817 $74,957 $82,910 $7,953 10.61% JANUARY 58,034 74,764 86,614 11,849 15.85% FEBRUARY 96,492 110,794 121,615 10,820 9.77% MARCH 55,710 88,544 83,172 -5,372 -6.07% APRIL 58,530 67,714 81,377 13,663 20.18% MAY 92,311 113,042 124,616 11,575 10.24% JUNE 69,185 86,454 86,779 325 0.38% JULY 69,448 89,148 90,996 1,848 2.07% AUGUST 98,067 122,188 114,655 -7,533 -6.17% SEPTEMBER 70,260 69,876 99,715 29,839 42.70% OCTOBER 53,819 78,861 NOVEMBER 104,937 122,383 Sub-Total $885,609 $1,098,726 $972,449 $74,967 8.35% AUDIT ADJ TOTAL $885,609 $1,098,726 $972,449 $74,967 8.35% WEDC SALES TAX ANALYSIS $140,000 $120,000 t $100,000 1111111111111 $80,000 w4,::414 i 1 ■ I $60,000 � � F ,;; ,.2007 1 I i 1 1„ 111 1 Itxi I. I 45 L N %so 7 7 =t0 Q 2 4 � � � � Im O Q N U d 0 (n Z Wylie City Council CI__14/TY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 10/10/07 Budgeted Amount: Exhibits: One Subject Hold a Public Hearing and consider, and act upon, an amendment to Zoning Ordinance 2006-04, Article 5, Section 5.1(A): Amending Agricultural and Animal-Related uses, establishing regulations specifying the location of Animal Boarding Kennel with or without Outside Pens throughout the City. Recommendation Motion to approve amending Article 5, Section 5.1(A): Amending Agricultural and Animal-Related uses, to allow animal boarding with indoor pens by right within Light Industrial Districts, and allow animal boarding with outdoor pens within Light Industrial Districts with a Specific Use Permit. Discussion Applicant: City of Wylie Staff was approached by a property owner who wishes to operate an Animal Boarding/Kennel within the City limits of Wylie. The property is located within the Light Industrial zoning district. Animal Boarding Kennel with outside pens are allowed by right in Heavy-Industrial (HI) zoning districts, with an SUP in Agricultural 30 (AG/30) and Commercial Corridor (CC) Districts. Animal Boarding Kennel without outside pens is an allowed use by right in HI and CC districts. A Specific Use permitted is required within the Neighborhood Service and Community Retail Districts. Animal Boarding Kennel with or without outside pens are prohibited within the Light Industrial Zoning District. BACKGROUND: The 1962 Zoning Ordinance did not specifically list "Animal Boarding Kennel with Outside Pens" as a permitted use, but allowed all uses not otherwise prohibited by law within Heavy Industrial (H-2) Districts. With the adoption of the 1985 Zoning Ordinance Kennels with outside runs were allowed by right in the B-2 & I Districts. The B-1 District is intended predominantly for commercial activities of a service/operating nature with limited outside storage or traffic requirements with greater intensity than retail shopping. The B-2 District is similar to the B-1 District but allows additional uses which are not generally carried on completely inside the building or structure. Additional revisions and amendments came in 2001 in which the old B-1 and B-2 Districts converted to either Community Retail or Commercial Corridor Districts. 2001 also introduced the Business Center District which allowed for a mix of office, high technology, light industry and business support uses. Again, the Zoning Ordinance was revised to reflect the reality of change in Wylie. In 2006, the City implemented major revisions to Article 5 of the Zoning Ordinance and the official Zoning Map. Ordinance Page 1 of 2 Page 2 of 2 2006-04 & 2006-58 eliminated Business Center (BC) District and Industrial (I) District and created Light Industrial (LI) and Heavy Industrial (HI) Districts. It is staffs opinion that the use may have gotten overlooked during the transformation from Business Center District to Light Industrial. Therefore an ordinance amendment to reflect this use is requested. Animal Boarding Kennel use is allowed by right in industrial districts throughout the Dallas metroplex area, while not allowed or allowed with conditions in other districts. (See attached permitted use city comparison) The Planning and Zoning Commission considered this amendment at its October 2nd meeting. Several issues were discussed during the public hearing. The greatest concerns were outside pens being a nuisance in regards to odor and/or noise, its proximity to a property line, and most importantly the number of animals allowed. The Commission also discussed putting guidelines in place to regulate the number of animals allowed. The Commission suggested that staff gather additional information prior to the Council meeting in regards to whether state laws were in place that regulate or provide guidelines on the number of animals allowed. Staff did not find any state or local provisions that regulate the number of animals allowed. The Commission voted 6-1 to recommend the following amendment to Article 5, Section 5.1(A.1) and Article 5, Section 5.1(A.2): Article 5, Section 5.1(A.1): Agricultural and Animal-Related — Animal Boarding Kennel with Outside Pens require a Specific Use Permit (SUP). The SUP requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Article 5, Section 5.1(A.2): Agricultural and Animal-Related—Animal Boarding/ Kennel without Outside Pens be a permitted use by right within the Light-Industrial (LI) District. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. This requirement has been met. Approved By Initial Date Department Director RO 10/15/07 City Manager5 (o/1%/07 CITY COMPARISON OF PERMITTED USES a J CITY *-A �°�°� Q\��o G �� \°� `Gr�� 4„JQr� Commercial no Outdoor Pens CC P P P P S P LI P* P P - S P HI P P P - S Commercial with Outdoor Pens CC S - S P LI P* P P - S P HI P P P - S P * Flower Mound No kennel shall be located within 50' of any property line, unless it is completely enclosed and soundproofed so that no noise from the kennel is audible at any bounding property line. Wylie Kennel History 1962 Code: Allowed in I-2 (Heavy Industrial) only. Use not specifically listed. 1985 Code: B-2 & I allowed Kennels with outside runs. 2001 Code: I allowed by right, SUP in CC & AG/28 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: 2 Department: CM (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: 10/18/07 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2007-35(R) supporting the Collin County Transportation Committee bond recommendations. Recommendation Motion to approve Resolution No. 2007-35(R) supporting the Collin County Transportation Committee bond recommendations. Discussion Earlier this year the Commissioners Court appointed three committees make recommendations of projects to be included in the 2007 Bond Election. The Transportation Committee, which included Earl Newsom, began a series of meetings to review the requests from Collin County cities. The projects in Wylie are: Brown Street from FM 1378 to Ballard Avenue; Stone Road from Akin Lane to County Line Road; and McMillan Road from McCreary to FM 1378. The cities of Murphy and Sachse also have projects on the recommended list (attached) which are linked to Wylie thoroughfares. Approved By Initial Date Department Director MM 10-18-07 City Manager /l/11'V\ Page 1 of 1 RESOLUTION NO. 2007-35 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, SUPPORTING THE 2007 COLLIN COUNTY TRANSPORTATION COMMITTEE BOND RECOMMENDATIONS. WHEREAS, Collin County, Texas is consistently ranked in the top-10 fastest growing Counties in the United States and is currently ranked seventh; and WHEREAS, Commissioners Court developed a Transportation Sub-committee to review transportation projects that will address the county and cities' thoroughfare plan needs and charged the citizen committee to select viable transportation projects for a Bond Referendum scheduled for November 2007; and WHEREAS, members of this Transportation Sub-committee attended multiple meetings to review presentations made by Collin County cities and rank the transportation needs for the County and individual cities; and WHEREAS, the Sub-committee's goal was to develop a list of projects that would provide for the initial $200,000,000 Transportation Bond Program; and WHEREAS, Collin County's portion of any project will not exceed 50% of the total project and, if passed, will not impact the County tax rate but will assist cities throughout Collin County with constructing thoroughfares that benefit the region; and WHEREAS, twenty (20) of twenty-nine (29) cities within Collin County submitted projects totaling $1,359,068,270, with $515,212,000 being allocated from the County and the remaining project cost being raised from City sources; and WHEREAS, the Sub-committee reviewed all projects submitted and recommended a referendum that would request $235,607,200 be approved by the voters of Collin County to address $484,715,862 in transportation needs throughout the County; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; SECTION 1. That the City of Wylie, goes on record to support the recommendation by the 2007 Collin County Transportation Bond Committee and thanks the individual citizens who spent their time to assist in creating a better Collin County. Resolution No.2007-35(R) Support of the 2007 Collin County Transportation Bond Committee DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS this 23rd day of October 2007. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-35(R) Support of the 2007 Collin County Transportation Bond Committee 41111111111111117 ' ; * ss _s_As s al 3 o e a J o : T T - M 1P. , i - 1 : w m u N _ _ z 1 1HI w o u 1 d X - 3 A n 3 — i n c li liM9HAo C ill f = i n u lit ; i _l Q VNai4 Q :/ s ' i i '' $ goo oiNd $ o $ $ mi $ N $ k m 3 Z, 5i i UtiiiiiiY ; - ,-.; £ f z # i z z zi # li if z m mi 1 A I m sn m m mf Ii m z z inlit IL ELK _ 2 II aft i 'a n 1 O 0 Li in: 3 M m 0 0 0 0 0 0 . . 0 a a N . . a a u 0 O O . . a a a o . . 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S 3 E g o: " TO z z z z z z z z z 4 z N o f, f t 4 rt. i 3 F. • 1Ht $ S m 8 °f 3�_ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: 10/14/2007 Budgeted Amount: Exhibits: Ordinance No. 2005-55 Subject Consider, and act upon, appointment of a City Councilmember to serve on the City of Wylie/Wylie Independent School District (City/School Partnerships) Partnerships Sub-committee. Recommendation Motion to appoint to serve on the City of Wylie/Wylie Independent School District Partnership Subcommittee. Discussion On October 25, 2007 the Wylie City Council approved Ordinance No. 2005-55 creating the City of Wylie/Wylie Independent School District Partnerships Subcommittee. This ordinance provided for a three member representation from both WISD (Trustees) and the City (Council members). Pursuant to Section 2 (B) the subcommittee shall consist of three members, to be appointed by the City Council by majority vote for the remainder of the term that said member serves on the City Council, or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his/her membership until replaced. The May 2007 General Election caused a vacancy to the subcommittee, with Eric Hogue not seeking re- election, therefore Council is asked to name a replacement to the City Subcommittee. Other members serving on the City Subcommittee are Mayor John Mondy and Councilman Rick White. The City Manager serves as the facilitator to the City Council Subcommittee for WISD Relations. School trustees include: Susan Shuler, Ronni Fetzer, and Barron Cook. Dr. Fuller is the facilitator for the School Subcommittee for City Relations. Approved By Initial Date Department Director CE 10/14/07 City Manager 1AM (0 11710'7 Page 1 of 1 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. 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: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the �- City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3) weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: 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. SECTION 8: 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 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. N 00111111iiiiii, i .. °FyV '' `y MO Y, ayor :: N.•. ATTEST: _ D E A L ..../ ... .. .. .., ,. : „„ .e.,,,,,"........,:,,,, ,,,, di,.‘ .--, z .- „„. „,E 1- -r-,,,,•`‘ /�ttr�r+s��y CAR LE EHRLI( ', City Secretary Date to be published in The Wylie News—November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: 4 Department: Police Department (City Secretary's Use Only) Prepared By: Asst. Chief John Duscio Account Code: Date Prepared: October 1, 2007 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2007-36 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. Recommendation Motion to approve Ordinance No.2007-36 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. Discussion Section 110-133. 2) (e) Expand the school on WA Allen 460' to the north to the crosswalk located at WA Allen and south Surrey Circle. This would change this subsection to read as follows: On W.A. Allen Boulevard from a point 1000 feet north of the point of its intersection with Springwood Lane to a point two-tenths of a mile south to the intersection of Stone Road. This area is in a curve making the line of sight difficult. By expanding the school zone to the north traffic will be slowed prior to entering the curve. Amend section Sec. 110-133. 2) (s) The times that school starts and lets out have changed. Change times from 7:15 am to 8:00am; to 7:15am to 8:45 am, and from 2:40pm to 3:15pm to 2:40 to 3:45pm. This will cover start and end times for 2 schools on Hooper Rd. Repeal section 110 -133. 5) (a) Stone Road from Ballard to Akin. This stretch of road way has undergone widening to 4 lanes. The area was monitored for two weeks for pedestrian traffic, specifically school aged pedestrians crossing. Minimal pedestrian traffic was observed with most crossing at the controlled intersection of Ballard and Stone where there is a crossing guard. The city engineer is in agreement that there is not a need for a school zone at this location. Approved By Initial Date Department Director JD 10/01/07 City Manager It1V►\ P1(1 10-7 Page 1 of 1 ORDINANCE NO. 2007-36 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NOS.2004-25 AND 2007-25 AND AMENDING ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONES; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie,Texas("City Council")finds it necessary to repeal Ordinance Nos. 2004-25 and 2007-25 and amend Article IV,Section 110-133 of the Code of Ordinances to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas (the "City"), and in the immediate vicinity of school areas,during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS, the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to repeal Ordinance Nos. 2004-25 and 2007-25 and amend Article IV, Section 110-133 of the Code of Ordinances 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: Ordinance Nos.2004-25 and 2007-25 Repealed. Wylie Ordinance Nos.2004- 25 and 2007-25 are repealed in their entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance Nos. 2004-25 and 2007-25 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance Nos.2004-25 and 2007-25 occurring before the effective date of this Ordinance. Ordinance No.2007-36 Repealing Ordinance Nos.2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 1 499357.v1 SECTION 3: AMENDMENT TO ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES. Article IV, Section 110-133 of the Code of Ordinances is hereby amended to establish school zones as follows: "School Zones a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: 1) Twenty(20)miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street,one hundred fifty feet(150')south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west to the intersection of Country Club (FM 1378). d. On Westgate Way from the intersection of Park Boulevard,south one hundred fifty feet(150'). 2) Twenty(20) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Kirby Street from a point two hundred feet(200')east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. Ordinance No.2007-36 Repealing Ordinance Nos.2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 2 499357.v1 b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet(525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. d. On Heatherwood Lane from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. e. On W.A. Allen Boulevard from a point one thousand feet (1000) north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f. On Stone Road from a point four hundred feet(400')west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. j. On Park Boulevard from the intersection of Country Club Road,west one hundred fifty feet (150'). k. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet(150') north of the intersection of Tuscalosa Drive. 1. On Tuscalosa Drive from the intersection of Cheyenne Road,east five hundred feet (500'). m. On McCreary Road from the intersection of Riverway Lane,south one thousand feet(1000'). n. On McCreary Road from the intersection of Riverway Lane,north one thousand feet (1000'). o. On Riverway Lane from McCreary Road, east two-tenths (2/10) of a mile to one hundred feet (100') west of the intersection of Meandering Drive. p. On Appalachian Drive from the intersection of Riverway Lane,south one hundred fifty feet(150'). q. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet(150'). 3) Thirty-five (35) miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). b. On Country Club Road from the intersection of Park Boulevard,north one thousand feet(1000'). Ordinance No.2007-36 Repealing Ordinance Nos.2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 3 499357.v1 4) Twenty(20) miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. b. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. c. On Kirby Street from the intersection of Birmingham,east to Ballard Street. d. On Ballard Street from the intersection of Stone Road, south to two hundred feet(200') north of the intersection of Stoneybrook Drive. 5) Twenty(20)miles per hour between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days, on the following streets: a. On Wylie East Drive to a point one thousand feet(1000')north of the intersection of Brown St. and one hundred feet(100')south of Brown St. b. On Brown St. to a point one hundred feet (100') west of the intersection of Wylie East Drive 6) Twenty(20) miles per hour between the hours of 7:15 a.m. to 8:45 a.m. and 2:40 p.m. to 3:45 p.m., on school day, on the following streets: a. On Hooper Road,adjacent to Raymond Cooper Jr.High School at 900 Hooper Road,Wylie,Texas,and running 500 feet north along Hooper Road from the northern property line of the school and running along Hooper Road from the southern property line of the school to Hensley within Wylie. The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices,as amended,promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs. SECTION 4: PENALTY PROVISION. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation or separate act 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. Ordinance No.2007-36 Repealing Ordinance Nos.2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 4 499357.v1 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. 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 hereof 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 from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 23rd day of October, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 31, 2007 Ordinance No.2007-36 Repealing Ordinance Nos.2004-25 and 2007-25 and Amending Article IV, Section 110-133 School Zones Page 5 499357.v1 Sec. 110-133. School zones. (a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the city during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. (b) Speed limits: The following prima facie maximum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the city in excess of the speeds set forth as follows: (1) Twenty miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:40 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point 150 feet west of the point of its intersection with Rustic Trail to a point 360 feet east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street, 150 feet south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west 1,000 feet. d. On Westgate Way from the intersection of Park Boulevard, south 150 feet. (2) Twenty miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 2:40 p.m. to 3:15 p.m., on school days, on the following streets: a. On Kirby Street from a point 200 feet east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point 525 feet north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. d. On Heatherwood Lane from its intersection with Lanwood Drive to 250 feet west of intersection with Castlewood Drive. e. On W.A. Allen Boulevard from a point 550 feet north of the point of its intersection with Springwood Lane to a point two-tenths of a mile south to the intersection of Stone Road. f. On Stone Road from a point 400 feet west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive, south 250 feet to the intersection of Bentwood Drive. j. On Park Boulevard from the intersection of Country Club Road, west 150 feet. k. On Park Boulevard from the intersection of Country Club Road, east to the intersection of Cheyenne Road. 1. On Cheyenne Road from Park Boulevard, north to 150 feet north of the intersection of Tuscalosa Drive. m. On Tuscalosa Drive from the intersection of Cheyenne Road, east 500 feet. n. On McCreary Road from the intersection of Riverway Lane, south 1,000 feet. o. On McCreary Road from the intersection of Riverway Lane, north 1,000 feet. p. On Riverway Lane from McCreary Road, east two-tenths of a mile to 100 feet west of the intersection of Meandering Drive. q. On Appalachian Drive from the intersection of Riverway Lane, south 150 feet. r. On Springtide Drive from the intersection of Riverway Lane, north 150 feet. Need to change times to reflect 7:15am to 8:45 am and 2:40pm to 3:45pm. s. On Hooper Road, adjacent to Raymond Cooper Jr. High School at 900 Hooper Road, Wylie, Texas, and running 500 feet north along Hooper Road from the northern property line of the school and running along Hooper Road from the southern property line of the school to Hensley within Wylie. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: 5 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 10/15/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2007-37 amending Ordinance No. 96-1 to provide regulations regarding areas of shallow flooding and flood ways. Recommendation Motion to approve Ordinance No. 2007-37 amending Ordinance No. 96-1 to provide regulations regarding areas of shallow flooding and flood ways. Discussion The Texas Commission on Environment Quality (TCEQ) conducted a Community Assistance Visit (CAV) for the City of Wylie. The purpose of the CAV is to evaluate and assist the City in its administration of National Flood Insurance Program (NFIP) requirements. TCEQ noted during their visit that the City should update the flood damage prevention ordinance to add requirements for areas of shallow flooding as well as flood ways as identified by the NFIP. The attached ordinance adds sections to our current ordinance to meet the requirements as outlined by the TCEQ. Approved By Initial Date Department Director CH 10/15/07 City Manager (o In 10-7 Page 1 of 1 ORDINANCE NO. 2007-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 96-1 AND CHAPTER 50, ARTICLE II, OF THE WYLIE CODE OF ORDINANCES, AS AMENDED, TO PROVIDE REGULATIONS REGARDING: AREAS OF SHALLOW FLOODING (AO/AH ZONES), AND FLOOD WAYS; 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 amend Ordinance No. 96-1 and Chapter 50, Article II, by adding Section 50-74 and Section 50-75 to provide regulations regarding the Standards for Areas of Shallow Flooding (AO/AH Zones) and Flood Ways; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Article II, by adding Section 50-74 and Section 50-75, to provide regulations regarding Areas of Shallow Flooding (A/O/AH ZONES), and Flood Ways. 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 Ordinance 96-1 and Chapter 50, Article II to add Sections 50-74 and Section 50-75. Ordinance No. 96-1 and Chapter 50, Article II as amended, to provide regulations regarding the Standards for Areas of Shallow Flooding (AO/AH Zones) and Flood Ways is hereby amended to add Section 50-74 and Section 50-75 as follows: SECTION 50-74: Standards for Areas of Shallow Flooding (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number Ordinance No.2007-37; Amending Chapter 50,Article II Adding Section Standards for Areas of Shallow Flooding(AO/AH Zones)and Flood Ways Page 1 499377.v 1 specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures;(a) have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION 50-75: Floodways (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. SECTION 3: Savings/Repealing Clause: Wylie's Flood Damage Prevention Ordinance 96-1, as amended, 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, 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 Ordinance No.2007-37; Amending Chapter 50,Article II Adding Section Standards for Areas of Shallow Flooding(AO/AH Zones)and Flood Ways Page 2 499377.v 1 occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: 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 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or Ordinance No. 96-1, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand 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 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,this 23rd day of October, 2007. John Mondy, Mayor ATTESTED TO AND APPROVED AS TO FORM: CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Julie Y. Fort, City Attorneys Abernathy, Roeder, Boyd& Joplin, P.C. Date of publication in The Wylie News—October 31,2007 Ordinance No.2007-37; Amending Chapter 50,Article II Adding Section Standards for Areas of Shallow Flooding(AO/AH Zones)and Flood Ways Page 3 499377.v 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 23, 2007 Item Number: 6 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: October 12, 2007 Budgeted Amount: Resolution; Form of Notice Exhibits: Term Sheet Subject Consider, and act upon, all matters incident and related to approving and authorizing publication of notice of intention to issue of $2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2007B including the adoption of Resolution 2007- 36(R)pertaining thereto. Recommendation Motion to approve and all matters incident and related to approving and authorizing publication of notice of intention to issue $2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2007B, including the adoption of Resolution No. 2007-36(R)pertaining thereto. Discussion The citizens of Wylie approved the issuance of $1,500,000 General Obligation Bonds to build a new fire station. The estimated cost to build the fire station is approximately $3,400,000. The $2,000,000 Certificates of Obligations are being sold to complete the funding of the new station. Debt Service for this obligation is included in this year's I&S tax levy. Approved By Initial Date Department Director LWl 10-12-07 City Manager I 10 ILI 01 Page 1 of 1 RESOLUTION NO. 2007-36(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of Wylie, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act"), for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: constructing and equipping improvements for fire station no. 3, and (ii) professional services rendered in relation to such project and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in one or more series during a meeting scheduled to begin at 6:00 o'clock P.M. on the 27th day of November, 2007, which certificates of obligation shall be issued in a principal amount not to exceed $2,000,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: constructing and equipping improvements for fire station no. 3, and (ii) professional services rendered in relation to such project and the financing thereof; and shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least thirty-one (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. Resolution No.2007-36(R) Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation Series 2007B DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas , this 23rd day of October, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2007-36(R) Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation Series 2007B EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF WYLIE, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Wylie, Texas, shall convene at 6:00 o'clock P.M. on the 27th day of November, 2007, at the Wylie Municipal Complex, 2000 State Highway 78 North, Wylie Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in one or more series in an amount not to exceed $2,000,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to wit: constructing and equipping improvements for fire station no. 3, and (ii) professional services rendered in relation to such project and the financing thereof; such certificates to be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Carole Ehrlich City Secretary City of Wylie, Texas 75032814.1 Resolution No.2007-36(R) Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation Series 2007B City of Wylie TERM SHEET $2,000,000 Certificates of Obligation Series 2008 PRINCIPAL AMOUNT OF CERTIFICATES: $2,000,000 PURPOSE: Construction of Fire Station #3 BANK QUALIFIED: No DATED DATE: December 1, 2007 INTEREST RATE: TBA TERM: 20 years; level debt service; semi- annual debt service payments. TAX- EXEMPT INTEREST: Interest will be exempt for federal income taxes purposes. Opinion to be given by Fulbright & Jaworski. SECURITY: The loan constitutes a direct obligation of the City, payable from a direct and continuing ad valorem tax levy. REDEMTION: The City reserves the right, at its option to redeem the Obligations in whole or in part at par plus accrued interest without penalty on any Interest Payment Date INTEREST PAYMENT DATE: Interest on the loan will be payable February 15 and August 15 of each year; beginning August 15, 2008 and continuing until the principal has been retired. PAYMENT OF PRINCIPAL: Principal on the loan will be payable beginning on February 15, 2009 and payable each February 15 thereafter with the final principal payment being made on February 15, 2028. CONTACT INFORMATION: Larry Williamson; Finance Director; City of Wylie, Texas; (972) 442-8141; larry.williamson@wylietexas.gov