04-27-2004 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, APRIL 27, 2004
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
CALL TO L.1;IDEt1
ROCLA ATION &FRESENT TIONS
• Proclamation declaring the week of May 2-8, 2004 as Municipal Clerks Week.
;CITIZENS PARTI I+ATION
CONS N ` END
All.eln tiers: I ir.tbe.Consei t 4404**M considered a routine by the City Council anal will** by
one. notion..:here l.n .be.se.ar te:e s ssion f.tb items.f disea t is d red,that :wil : e removed
from t e Cs nsen t Agenda d wi l be con i red sep y
A. Approval of the Minutes from the regular City Council Meeting of April 13, 2004.
B. Consider and act upon a Final Plat for the American National Bank Addition No.2,being all of a certain 1.730
acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being
comprised of two lots described in a deed to American National Bank,recorded in Volume 4497,Page 1611 of
the Deed Records of Collin County,Texas(DRCCT),and being situated in the E.C.Davidson Survey,Abstract
No.266,City of Wylie,Collin County,Texas.
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1. Hold a Public Hearing and consider and act upon accepting the withdrawal of the application for a change in
zoning from Community Retail (CR) to Planned Development (PD)for mixed commercial and light industrial
uses, subject property being an un-platted site totaling 6.22 acres located at 901 and 903 W. Kirby Road,
situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case
2004-04)
Executive Summary
This Public Hearing was scheduled and advertised for consideration of a change in zoning from Community Retail (CR)to Planned
Development(PD) for mixed commercial and light industrial uses for the facilities previously constructed for Carlisle manufacturing
company. The proposal includes subdividing the property into two separate lots,one of which will be developed at a later date for as yet
undetermined commercial and retail uses similar to those developing in the vicinity. The other lot is proposed to be for light assembly
and distribution of residential shutters.The applicant officially withdrew the application prior to the Planning and Zoning Meeting when
the proposal was to be considered. Notification of the withdrawal was sent to all property owners within 200 feet of this request as
required by State law.The Public Hearing is required even after withdrawal by the applicant to be in accordance with State law.
2. Consider and act upon Ordinance #2004-13 adopting amendments to City of Wylie Animal Control
Ordinances.
Executive Summary
The proposed ordinance will update and improve the ordinances affecting animal control.The five amendments include the definition of
dangerous dog,the updating of the appeals process to be in accordance with State law,the addition of unprovoked attack on an animal to
the penalty section,making it unlawful to slaughter,skin,or de-feather an animal within the City limits,and requiring compliance with
the sterilization requirement set forth in the Texas Health and Safety Code.
3. Consider and act upon an appeal requested by Melanie Hancock representing Wal-Mart, in response to a
variance denial made by the Construction Code Board.
Executive Summary
On March 25,2004 a variance regarding the maximum allowable area of a monument sign to be located at 2050 N. Highway 78 was
requested by Melanie Hancock representing Wal-Mart.According to Section 8(A).1 of the Sign Regulations for the City of Wylie,the
maximum size of a multiple tenant sign is limited to one hundred fifty square feet(150). The size of the proposed monument sign is two
hundred square feet(200). The variance request was denied by the Construction Code Board. Written request to appeal the decision of
the Construction Code Board was made by Melanie Hancock and was received on April 8,2004. Sign Regulations require that three(3)
of four(4)criteria be met in order to approve a request for variance. The sign regulations are included in the agenda communication.
4. Consider and act upon approval to increase delinquent tax collection fees from 15%to 20% passed by the State
Legislature(H.B.490)to the Texas Property Tax Code Sections 33.07 and 33.08 amended.
Executive Summary
Delinquent tax collections are currently being handled for the City by the firm of Linebarger Goggan Blair&Sampson,LLP,(the firm),
in association with Jackson Dillard Hager&Smith,LLP. The contract specifies in Section VI that the firm will be compensated at a rate
of fifteen percent(15%)of the amount collected of all delinquent taxes,penalty and interest of the years covered by the contract. The
firm is requesting that the contract be amended to raise the rate to twenty percent (20%). The rate allowable to be charged for the
collection of delinquent taxes is set by state law. The fifteen percent rate has been in effect for the past 24 years. The allowable rate was
increased to twenty percent in 2001. Since that time many taxing entities have increased the allowable rate.There is no fmancial impact
to the city.The costs are paid by the delinquent taxpayer at the time of payment.
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EXECUTIVE SESSION
In accordance with Chapter 551,Government Code, Vernon's Texas Code Annotated(Open Meeting Act), Section 551.
§551.074 Personnel Matters; Closed Meeting
(a)This chapter does not require a governmental body to conduct an open meeting:
(1) to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline,or dismissal of a public officer or employee; or
(2) to hear a complaint or charge against an officer or employee
(b) Subsection (a)does not apply if the officer or employee who is the subject of the deliberation
or hearing requests a public hearing.
• Applicant Finalists Report from the Mercer Group for the City Manager position.
RECONVE E INTO::OPE MEETIN
Take any action as a result of the Executive Session.
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was po`kp>'�oth� s 2�fl�p M¢y of April,2004 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the xas Governn u�Cgde aud'thet�ye ,propriate news media contacted. As a courtesy,this agenda
is also po d to the CityyLie Websitg`� _.".ci. h .txt1
< Ct ijjjjj�� � = SEAL - /=110,
Carole Ehrlich,City Se� _ t Removed
i
The Wylie Municipal Complex is Wheelchaifrjicce ib,1 .Siiy.ifitaiprction or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting th'd��� Rerf eta *at 972/442-8100 or TD 972/442-8170.
I''iiiin;ii10 ��
WYLIE CITY COUNCIL
AGENDA ITEM NO. B.
April 27, 2004
Issue
Consider and act upon a Final Plat for the American National Bank Addition No. 2, being all of a
certain 1.730 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said
tract of land being comprised of two lots described in a deed to American National Bank,recorded in
Volume 4497,Page 1611 of the Deed Records of Collin County, Texas(DRCCT),and being situated
in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas.
Background
The Final Plat under consideration will create 2 lots totaling 1.730 acres. Lot 1 is 1.390 acres in size
and will be developed in the future for as yet undetermined retail uses. Lot 2 is 0.340 acre in size and
will be developed immediately as the American National Bank automated teller machine (ATM)
facility. Joint access is provided between the two lots. The Site Plan was approved by the
Commission on February 17, 2004 and the Preliminary Plat was approved by the City Council on
March 9, 2004.
Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations". Section
212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat
within 30 days after the plat is filed. A plat is considered approved by the municipality unless it is
disapproved within that time period"
Financial Considerations
Plat application fees—Paid
The applicant is aware that park dedication fees must be paid prior to filing of a final plat for this
property and development impact fees must be paid prior to issuance of a building permit.
Other Considerations
1. The proposed Final Plat for the American National Bank Addition No. 2 complies with the
approved Site Plan, Preliminary Plat and Subdivision Regulations and all other pertinent code
requirements of the State and City of Wylie.
2. No additional right-of-way for the expansion of either Westgate Way or F.M. 544 is required by
this plat. A joint access easement that also serves as a fire lane provides public and emergency
vehicle access to both lots.
Board/Commission Recommendations
On April 6, 2004, the Planning and Zoning Commission voted 6-0 to recommend approval of the
Final Plat.
Staff Recommendations
Approval.
Attachments
Final Plat
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1.
April 27, 2004
Issue
Hold a Public Hearing and consider and act upon accepting the withdrawal of the application for a
change in zoning from Community Retail(CR)to Planned Development(PD)for mixed commercial
and light industrial uses, subject property being an un-platted site totaling 6.22 acres located at 901 and
903 W. Kirby Road, situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin
County, Texas. (Zoning Case 2004-04)
This request was officially WITHDRAWN prior to being considered by the Planning and
Zoning Commission (see attached letter by applicant). However, the mail notification and
newspaper publication, as required by law, for public hearings by both the Commission and
Council had been advertised prior to the withdrawal. Notification of the withdrawal was sent to
all notified by mail (see attached letter), but the item is being posted as WITHDRAWN to
inform those who may not have as yet been notified.
Background
The subject property totals 6.2 acres in two tracts under single ownership, although in has never been
platted. Tract 2 contains 4.9 acres to the rear(south) of the property, and is occupied by the facilities
constructed for the previous operations of the Carlisle manufacturing company. Tract 2 includes a
masonry/metal building of approximately 41,000 square feet and the wood office building of
approximately 6,000 square feet, and the remainder of the site is largely paved with concrete and
asphalt. Carlisle relocated to a new site in 2001 and the subject facilities have been vacant since that
time. Tract 1 (1.3 acres) fronts W. Kirby and has never been developed.
The subject property was rezoned from Industrial(I)District to Community Retail(CR)District with
the adoption of the revised City-wide Zoning Ordinance in November of 2001. The Community Retail
(CR) District permits more intense commercial uses providing comparison shoppers and consumers
goods, as well as lighter convenience retail, personal services and offices. However, the CR District
permits few industrial and manufacturing or wholesale and distribution uses as has been the historic use
of the site and is proposed by the Planned Development District.
The subject property is located within Wylie's planned new central business area, which is in the
process of converting to commercial uses from the previous Industrial zoning. Abutting properties to
the west are occupied by the new Albertsons and Home Depot retail center, and the new CVS
Pharmacy is to the east across an undevelopable drainage channel and the railroad corridor. Properties
to the north across Kirby are zoned Corridor Commercial(CC), and are largely developed in a variety
of commercial and light commercial uses under the previous Zoning requirements.
The proposed Planned Development District envisions subdividing the subject property into at least
two separate lots, which differ from the previously described ownership tracts. New Tract A, a 2.3
acre lot fronting Kirby, will be developed at a later time for as yet undetermined commercial and retail
uses similar to those developing in the vicinity. Tract B is 3.9 acres and will immediately utilize a
portion of the existing Carlisle facility for a light assembly and distribution use (the fabrication of
residential shutters), and ultimately lease the remainder of the building to other compatible
commercial/retail or light industrial uses. Industrial uses such as assembly and warehousing are not
allowed within the current CR District. The applicant reports that limited improvements will be made
to the Carlisle facility to accommodate the initial use, but will include restriping the parking and
painting the building. The detached office building will likely be removed.
Public Comment Forms were mailed to eighteen(18)property owners within 200 feet of this request as
required by State law. No Comment Forms have been returned at time of posting.
Financial Considerations
Zoning Application Fee has been paid.
Other Considerations
1. The adopted Comprehensive Plan recommends that the subject property be developed as a Business
Center, accommodating diverse commercial uses and clean light manufacturing. The Planning and
Zoning Commission is in the process of reevaluating the Comprehensive Plan, but has endorsed a
similar philosophy for the subject area, located at Wylie's most significant street intersection,
becoming the community's new central place and major shopping and employment area. The
proposed rezoning, limiting additional uses to commercial and light industrial/distribution which
allow no outside storage, is in general compliance with this recommendation of the Plan.
2. The stated purpose of a Planned Development District is to permit flexibility and innovation in the
use and design of land and development. The proposed PD allows some limited additional uses not
currently allowed by the standard requirements of the Zoning Ordinance, which are believed to be
compatible with the intensive commercial intent of this new central shopping and employment area.
The proposal provides for use of an existing facility which has been vacant and deteriorating for
nearly three (3) years, and in turn provides added public revenue.
3. The property has never been platted, and a plat must be approved by the City and filed with the
County as an official lot of record prior to issuance of a Certificate of Occupancy for the existing
Carlisle building on the new Tract B. The remaining Tract A fronting Kirby must be platted prior to
issuance of building permits on that area, as either a single or multiple retail lots.
4. In its current state, the new Tract B, the old Carlisle operations, is classified as a "legally
nonconforming" structure. That is, it was legally constructed under the provisions of a previous
code but does not now conform to the regulations of the current code — and a change in code
requirements cannot render a structure illegal. It is the intent of the Zoning Ordinance that legally
nonconforming structures be permitted to continue but that they not be encouraged to survive in
their nonconformity nor to be expanded. Such nonconforming structures may continue to be used
until and unless they have been abandoned for a period of six(6)months(defined as the termination
of City utilities) or are to be expanded or structurally altered in excess of fifty percent(50%)their
floor area or if damaged by an "act of God" in excess of seventy-five (75%) of their reasonable
value. The Carlisle structure has never been abandoned as City water has never been discontinued,
and the PD does not propose to expand the land or building but to utilize the facility as is (but for
uses which are currently not permitted within the CR District unless and until the Conditions of the
PD are approved).
5. The proposed utilization of the Carlisle building as light assembly will require the provision of 62
parking spaces, at the required ratio of one space for each 500 square feet of building area. These
spaces must be properly stripped, with service isles and fire lanes, prior to issuance of a Certificate
of Occupancy for the initial user of the building. Any future use of the building for retail uses will
require as many as 150 parking spaces, at the retail ratio of one space for each 200 square feet.
Tract B contains sufficient area to accommodate these parking requirements.
6. Recent requests by private telecommunications companies, have revealed a need for a
telecommunications tower and antennas in the immediate proximity of S.H. 78 and F.M. 544 to
assure uninterrupted service along these regional traffic corridors. Such towers are allowed within
the Community Retail District with an approved Special Use Permit. This Planned Development
District provides that such towers may be developed by right on the rear of Tract B with no further
review or SUP. The tower and its ground-level equipment will be partially screened from view
from F.M. 544 by the large footprint buildings, but is likely to remain visible from S.H. 78 across
the rail corridor unless provided additional screening. This site was proposed by Commissioners to
a cell phone communication provider during recent deliberations concerning a nearby tower site.
7. As submitted,the Development Plan does not require improvements of the existing site or building
of the old Carlisle facility within the new Tract B, but envisions their utilization as they are currently
developed. Such maintenance cannot be required of a legally nonconforming use which has not
been abandoned or is not to be expanded.
8. Site Plans must be approved prior to issuance of any building permits on new Tract A. All
improvements on this site must comply fully with the requirements of the currently-adopted Zoning
Ordinance.
9. It is also the expressed intent of the Zoning Ordinance that nonconforming structures such as the
old Carlisle facilities be brought into compliance as much and as soon as possible with the current
code regulations and be allowed to continue indefinitely in their nonconformity. The requested
Planned Development District allows the City to require measures which will at least reduce if not
eliminate completely the nonconformities of the existing development. The PD proposes to provide
limited improvements to the property and structure and will therefore continue indefinitely the
nonconformity from the current Zoning requirements in the following ways:
Development Current Requirements Existing Conditions
Item of the Community Retail of the Carlisle Site&Building
District
Building Footprints No larger than 20.000 sq.ft. 41.000 sq.ft.in main building&6.000
sq.ft.in office building
Parking Placement To the side and rear of buildings Most of parking in front
Access 24 ft._w'separated median 25 feet_no median
Drive when serving larger than 30.000
sq.ft.
Loading&Service Not visible from street or Facing street(may be somewhat
Areas screened with masonry wall screened by buildings in front)
Parking Concrete paving. Deteriorating concrete,no striping of
w' 10'x 20' spaces spaces or fire lane
Landscaping of Site 100 0 of site_also win side& None_except limited lawn in rear
rear
Landscaping of Parking 50 sq.ft.per space_all spaces None
win 60 ft._landscaped islands
Landscaping 500 0 of front.win 10 ft.strip. None except front lawn to be given to
at Street wy'trees and 5 ft.sidewalk other lots_no sidewalk
Building 100°-0 31.000 sq.ft.Masonry and
Facade Masonry 10.000 sq.ft.metal additions
Roofs Pitched greater than 2:12 Flat
Mechanical Equipment Roof-mounted_and screened Roof-mounted but visible at street_
from view of street Some ground-mounted in front
Building Design Compatible w'surroundings Not compatible w'new masonry&
articulated retail to west
Board/Commission Recommendation
The request was officially withdrawn prior to being considered by the Planning and Zoning
Commission at the April 6, 2004 meeting.
Staff Recommendation
Denial. The proposed uses for the property (including the added light assembly and distribution) are
compatible with both the existing older and newer neighboring uses and the recommendation of the
Comprehensive Plan that this area transition to the City's commercial center. However, the existing
structure and site development do not comply with the current regulations of the Zoning Ordinance nor
with the planned image of this area becoming the new central place of Wylie, and the applicant has
indicated no agreement to include within the PD any improvements to the facilities toward achieving
such compliance.
Attachments
Letter of withdrawal from applicant
Notification letters of withdrawal sent to property owners
Original attachments not included due to the withdrawal
Prepared by Reviewed by Finance City Manager Approval
From the Des kof CaroC&EMU' TRW
•
City ecretar Office
UViemo
To: Mayor Mondy
From: Carole Ehrlich TRMC
Date: March 6,2008
Re: Item#1 Zoning Case#2004-04
Mayor,
Item#1 on the agenda is zoning case#2004-04 which was withdrawn by the applicant after
notifications had been mailed to property owners and the paper for publication. Please
announce at the beginning of the meeting that this item will not be on the agenda for
consideration of approval but rather to approve the withdrawal of the application. No
public hearing will be heard in consideration of this item but if anyone would like to speak,
they may do so.
Thanks!!
1
WYLIE CITY COUNCIL
AGENDA ITEM NO. 2.
April 27, 2003
Issue
Consider and act upon Ordinance #2004-13 adopting amendments to City of Wylie Animal Control
Ordinances.
Background
We are proposing several amendments in an attempt to update and improve the ordinances affecting
animal control.
The first proposed amendment (Section 2) changes the definition of Dangerous Dog to include a dog
that makes an unprovoked attack on another animal. The current definition of dangerous dog only
includes dogs that attack a person.
The second amendment(Section 3) deals with the appeal process available to a dog owner if the Wylie
Animal Control Authority deems their dog a dangerous dog. Our current policy gives the owner of a
dangerous dog 30 days to appeal, The Texas Health and Safety Code gives the owner of a dangerous
dog 15 days to appeal. The proposed amendment will allow us to go by State Law. It is advantageous to
amend the ordinance to conform with State Law instead of changing the amount of days needed to
appeal every time the law changes. A thirty day appeal process is also problematic as the City is
responsible for feeding and caring of the dangerous dog during the entire thirty days that the owners may
be considering an appeal.
The third amendment(Section 4) adds the unprovoked attack on an animal to the penalty section of the
ordinance. Previously it was a penalty only if the attack was on a person.
The fourth amendment(Section 5)makes it unlawful to slaughter, skin, or de-feather an animal within
the City limits. We recently had a situation where a citizen was trapping and skinning animals in the City
and displaying the pelts in his back yard, while not properly disposing of the skinned carcass. This section
was added to deal with skinning and similar situations. We have not had anything in our ordinance to
deal with skinning animals in the past.
The fifth amendment (Section 6 and 6A) requires that people who adopt an animal comply with the
sterilization requirement set forth in the Texas Health and Safety Code. The Health and Safety Code
requires that a dog or cat adopted from a shelter be sterilized within thirty days. Prior to this amendment
we have not had a sterilization requirement in our ordinance.
Financial Considerations
If the ordinance is amended to adopt the State requirement of fifteen days for appeal it will save the City
the expense of caring for a dangerous dog the additional 15 days.
Other Considerations
None
Board/Commission Recommendations
NA
Staff Recommendations
Adopt Ordinance#2004-13 amending the Animal Control Ordinances.
Attachments
Proposed Ordinance#2004-13
Prepared by Reviewed by Finance City Manager Approval
ORDINANCE NO. 2004-13
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 92-5, SECTION 1 (DANGEROUS DOGS), SECTIONS
15.01(B), 15.02(D) AND 15.04(A) AND (B); AMENDING ORDINANCE NO.
94-51, SECTION 1 (DANGEROUS DOGS); AMENDING ORDINANCE NO.
87-57, SECTION 22(ANIMAL WASTE); AMENDING ORDINANCE NO.87-
57, ADDING SECTION 6A TO PROVIDE FOR DOG AND CAT
STERILIZATION; 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 THEREOF.
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 Wylie Ordinance No. 92-5, Section 1 (Dangerous Dogs), Sections
15.01(b), 15.02(d) and 15.04(a) and(b),Wylie Ordinance No. 94-51, Section 1 (Dangerous Dogs),
Wylie Ordinance No. 87-57, Section 22 (Animal Waste) and Wylie Ordinance No. 87-57, adding
Section 6A to provide for dog and cat sterilization as provided herein; and
WHEREAS, it is in the interest of the public health, safety and welfare that animals are
controlled; and
WHEREAS,the City Council finds that all legal notices, hearings, procedures and publishing
requirements for this Ordinance have been performed and completed in the manner and form set forth
by law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT TO WYLIE ORDINANCE NO. 92-5, SECTION 1
(DANGEROUS DOGS), SECTION 15.01(B) AND ORDINANCE NO. 94-51, SECTION 1
(DANGEROUS DOGS). Wylie Ordinance Nos. 92-5, Section 1 (Dangerous Dogs), Section
15.01(b) and 94-51, Section 1 (Dangerous Dogs) are hereby amended by replacing the definition of
"dangerous dog" to read as follows:
"Dangerous Dog means a dog that:
(1) makes an unprovoked attack on a person or another animal that causes bodily
injury and occurs in a place other than an enclosure in which the dog was being
kept and that was reasonably certain to prevent the dog from leaving the
enclosure on its own; or
(2) commits unprovoked acts in a place other than an enclosure in which the dog was
being kept and that was reasonably certain to prevent the dog from leaving the
Ordinance#2004-13
ANIMAL CONTROL ORDINANCE(AMENDING ORDINANCE NOS.92-5,94-51 AND 87-57)
Page 1
enclosure on its own, and those acts cause a person to reasonably believe that the
dog will attack and cause bodily injury to that person or other animal."
SECTION 3: AMENDMENT TO WYLIE ORDINANCE NO. 92-5, SECTION 1
(DANGEROUS DOGS), SECTION 15.02(D). Wylie Ordinance No. 92-5, Section 1 (Dangerous
Dogs), Section 15.02(d) is hereby amended to read as follows:
"(d) Appeals of determinations. An owner,in accordance with§822.0421,
Texas Health and Safety Code, as it exists or may amended, may appeal the
determination of the animal control authority to a justice or municipal court of
competent jurisdiction. An owner may appeal the decision of the justice or municipal
court in the same manner as an appeal for other civil cases."
SECTION 4: AMENDMENT TO WYLIE ORDINANCE NO. 92-5, SECTION 1
(DANGEROUS DOGS) SECTIONS 15.04(A) AND (B). Wylie Ordinance No. 92-5, Section 1
(Dangerous Dogs) Sections 15.04 (a) and (b) are hereby amended to read as follows:
"(a) Unprovoked attack; owner's offense. A person commits an offense if
the person is the owner of a dangerous dog and the dog makes an unprovoked attack
on another person or animal outside the dog's secure enclosure and causes bodily
injury to the other person or animal.
(b) Misdemeanor classification. An offense under this section is a class C
misdemeanor, unless the attack causes serious bodily injury or death of a person or
animal, in which event, the offense is a class A misdemeanor.
SECTION 5: AMENDMENT TO WYLIE ORDINANCE NO. 87-57, SECTION 22
(ANIMAL WASTE). Wylie Ordinance No. 87-57, Section 22 (Animal Waste)is hereby amended to
rename the section and add the following subsection (c):
"ANIMAL WASTE/SLAUGHTERING OF ANIMALS.
(a) [as written]
(b) [as written]
(c) It shall be unlawful for any person to slaughter, skin or defeather an animal
within the City,unless as part of a bona fide, licensed business. It shall further
be unlawful for any person to butcher or display the carcass of an animal on
residential property within the City whereby it is in the view, in whole or in
part, of the public, except an animal carcass actually cooking over a barbecue
pit or a dead animal being prepared by a licensed taxidermist for the purpose
of display."
SECTION 6: AMENDMENT TO WYLIE ORDINANCE NO. 87-57,ADDING SECTION
6A TO PROVIDE FOR DOG AND CAT STERILIZATION. Wylie Ordinance No. 87-57 is hereby
amended to add Section 6A (Sterilization) as follows:
Ordinance#2004-13
ANIMAL CONTROL ORDINANCE(AMENDING ORDINANCE NOS.92-5,94-51 AND 87-57)
Page 2
"SECTION 6A: DOG AND CAT — GENERALLY
(a) Sterilization. It shall be unlawful for any person to adopt a dog or cat without
complying with the sterilization requirements set forth in Chapter 828, Texas Health and Safety
Code, as it exists or may be amended."
SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing
day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 8: Savings/Repealing Clause. Wylie Ordinance Nos. 92-5, 94-51 and 87-57 shall
remain in full force and effect, save and except as amended by this or any other ordinance. All
provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are
in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 9: 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 10: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 27th day of April, 2004.
JOHN MONDY, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Carole Ehrlich, City Secretary
Date(s)of Publication: 05-05-04
Ordinance#2004-13
ANIMAL CONTROL ORDINANCE(AMENDING ORDINANCE NOS.92-5,94-51 AND 87-57)
Page 3
WYLIE CITY COUNCIL
AGENDA ITEM NO. I
April 16, 2004
Issue
Consider and act upon an appeal requested by Melanie Hancock representing Wal-Mart,in response to a
variance denial made by the Construction Code Board.
Background
On March 25, 2004 a variance regarding the maximum allowable area of a monument sign to be located
at 2050 N. Highway 78 was requested by Melanie Hancock representing Wal-Mart. According to
Section 8 (A).1 of the Sign Regulations for the City of Wylie, the maximum size of a multiple tenant
sign is limited to one hundred fifty square feet (150). The size of the proposed monument sign is two
hundred square feet(200). The variance request was denied by the Construction Code Board. Written
request to appeal the decision of the Construction Code Board was made by Melanie Hancock and was
received on April 8, 2004. Sign Regulations require that three(3)of four(4)criteria be met in order to
approve a request for variance.
(See excerpt below from page 10 of the Sign Regulations.)
Variances
1.Variances to the provisions of this Ordinance shall be heard by the
Construction Code Board.A simple majority vote of the board in favor
of the variance will be required to approve any variance request. In
order to approve a request for variance,the Construction Code Board
shall determine that the request meets three(3)of the following four
(4) criteria:
a. The proposed sign shall not adversely impact the adjacent property
(visibility, size, location, etc.);
b. The proposed sign does not conflict with the spirit of this Ordinance,
which is one of providing public safety, open space, and air,
preservation, and enhancement of the appearance of the City and
protection of property values;
c. The variance is needed due to restricted area, shape,topography or
physical features that are unique to the property on which the
proposed sign would be located;
d. The proposed sign is of a unique design or configuration.
Financial Considerations
N/A
Other Considerations
Upon denial of the request for a variance by the Construction Code Board,the applicant may appeal the
request to the City Council. A vote of three-fourths(3/4) of the full membership of the City Council is
required to approve the appeal. The decision of the City Council is final.
Board/Commission Recommendations
The variance request was denied by the Construction Code Board. The Construction Code Board
determined that the request did not meet the needed criteria in order to approve the request for variance.
The Construction Code Board determined that neither criteria items (c.) nor (d.) were met.
Staff Recommendations
N/A
Attachments
• Copy of letter requesting appeal
• Copy of sign drawing
• Site plan
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. _
April 16, 2004
Issue
Consider and act upon an appeal requested by Melanie Hancock representing Wal-Mart,in response to a
variance denial made by the Construction Code Board.
Background
On March 25, 2004 a variance regarding the maximum allowable area of a monument sign to be located
at 2050 N. Highway 78 was requested by Melanie Hancock representing Wal-Mart. According to
Section 8 (A).1 of the Sign Regulations for the City of Wylie, the maximum size of a multiple tenant
sign is limited to one hundred fifty square feet (150). The size of the proposed monument sign is two
hundred square feet(200). The variance request was denied by the Construction Code Board. Written
request to appeal the decision of the Construction Code Board was made by Melanie Hancock and was
received on April 8, 2004. Sign Regulations require that three(3)of four(4)criteria be met in order to
approve a request for variance.
(See excerpt below from page 10 of the Sign Regulations.)
Variances
1.Variances to the provisions of this Ordinance shall be heard by the
Construction Code Board.A simple majority vote of the board in favor
of the variance will be required to approve any variance request. In
order to approve a request for variance,the Construction Code Board
shall determine that the request meets three(3)of the following four
(4) criteria:
a. The proposed sign shall not adversely impact the adjacent property
(visibility, size, location, etc.);
b. The proposed sign does not conflict with the spirit of this Ordinance,
which is one of providing public safety, open space, and air,
preservation, and enhancement of the appearance of the City and
protection of property values;
c. The variance is needed due to restricted area, shape,topography or
physical features that are unique to the property on which the
proposed sign would be located;
d. The proposed sign is of a unique design or configuration.
Financial Considerations
N/A
Other Considerations
Upon denial of the request for a variance by the Construction Code Board,the applicant may appeal the
request to the City Council. A vote of three-fourths(3/4) of the full membership of the City Council is
required to approve the appeal. The decision of the City Council is final.
Board/Commission Recommendations
The variance request was denied by the Construction Code Board. The Construction Code Board
determined that the request did not meet the needed criteria in order to approve the request for variance.
The Construction Code Board determined that neither criteria items (c.) nor (d.) were met.
Staff Recommendations
N/A
Attachments
• Copy of letter requesting appeal
• Copy of sign drawing
• Site plan
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 4.
APRIL 27, 2004
Issue
Consider and act upon approval to increase delinquent tax collection fees from 15%to 20% passed by
the State Legislature (H.B. 490) to the Texas Property Tax Code Sections 33.07 and 33.08 amended.
Background
Delinquent tax collections are currently being handled for the City by the firm of Linebarger Goggan
Blair& Sampson,LLP, (the firm),in association with Jackson Dillard Hager& Smith,LLP. We entered
into our current contract with the firm on June 26, 2001. The contract specifies in Section VI that the
firm will be compensated at a rate of fifteen percent (15%) of the amount collected of all delinquent
taxes, penalty and interest of the years covered by the contract. The firm is requesting that the contract
be amended to raise the rate to twenty percent (20%).
The rate allowable to be charged for the collection of delinquent taxes is set by state law. The fifteen
percent rate has been in effect for the past 24 years. The allowable rate was increased to twenty percent
in 2001. Since that time many taxing entities have increased the allowable rate.
Financial Considerations
There is no financial impact to the City in making this change. All costs are paid by the delinquent
taxpayer at the time of payment.
Other Considerations
None
Staff Recommendation
Staff recommends that the contract be amended to reflect a 20 percent (20%) rate and that the
Resolution 2004-13 (R) reflecting such increase be adopted.
Attachments
Letter-Linebarger Goggan Blair& Sampson, LLP
Resolution 2004-13 (R)
Amended Contract
Prepared by Reviewed by Finance City Manager Approval
STATE OF TEXAS §
COUNTY OF COLLIN §
AMENDMENT NO. 1
TO THE CONTRACT BETWEEN
CITY OF WYLIE AND LINEBARGER GOGGAN BLAIR& SAMPSON, LLP
IN ASSOCIATION WITH
NICHOLS, JACKSON, DILLARD, HAGER& SMITH, L.L.P.
WHEREAS,on June 26, 2001, City of Wylie hereinafter("CITY")approved a Contract with the law
firm of Linebarger Heard Goggan Blair Graham Pena& Sampson, LLP (now known as Linebarger Goggan
Blair & Sampson, LLP) in association with Nichols, Jackson, Dillard, Hager & Smith, L.L.P. (hereinafter
"FIRM"), under which Contract a fifteen (15%) percent commission on the taxes, penalty and interest
collected is provided as compensation for the FIRM; and
WHEREAS, the Texas State Legislature has found and declared, by its enactment of TEX. TAX
CODE§ 6.30(c),that a twenty(20%)commission on the taxes, penalty and interest collected is a reasonable
fee for delinquent tax collection services of a private attorney; and
WHEREAS, TEX. TAX CODE §§ 33.07 and 33.08 were amended by the Seventy Seventh
Legislature, by Act of May 17, 2001, to provide that certain taxes, in order to defray the costs of collection,
may incur an additional penalty equal to the compensation specified in the contract with private counsel; and
WHEREAS,the source of the funds for private counsel's compensation is the additional penalty paid
by the delinquent taxpayer, rather than the public treasury;
NOW THEREFORE,for and in consideration of the recitals shown above,of the FIRM'S increased
costs of doing business, and of enhanced services by the FIRM that will result from the devotion of additional
technological and human resources toward collection of delinquent taxes, the Contract, by execution of this
Amendment No. 1, is amended hereby as set forth below.
I.
THE AMENDMENT
The following italicized language is hereby substituted for Section VI of the Contract:
CITY agrees to pay to FIRM as compensation for services required herein the following amounts:
(a) fifteen(15%) cif the amount collected()fall 2002 and prior year delinquent taxes,penalty
and interest that are subject to the terms()Phis contract, actually collected and paid to
the collector of taxes during the term ()Phis contract, as and when collected; and
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(b) twenty percent (20%) of the amount collected of all 2003 and subsequent year
delinquent taxes, penalty and interest that are subject to the terms of this contract,
actually collected and paid to the collector of taxes during the term of this contract, as
and when collected.
All compensation above provided for shall become the property of the FIRM at the time payment of
taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by
check.
II.
EFFECT OF THE AMENDMENT
By execution of this Amendment No. 1, the Contract is amended. No other sections,
provisions, clauses or conditions of the Contract are waived or changed hereby, and they shall all
remain in full force and effect throughout the term of the Contract and any duly authorized
extensions.
IN WITNESS WHEREOF,by their signatures below,the duly authorized representatives of
City of Wylie and of Linebarger Goggan Blair& Sampson,LLP in association with Nichols,Jackson,
Dillard, Hager& Smith, L.L.P. do hereby agree and append this Amendment No. 1 to the Contract
dated June 26, 2001.
EXECUTED THIS the 27th day of April, 2004.
LINEBARGER GOGGAN
CITY OF WYLIE BLAIR& SAMPSON, LLP
By: By:
John Mondy Partner
Mayor
NICHOLS, JACKSON, DILLARD
HAGER& SMITH, L.L.P.
By:
Partner
Dated:
ATTEST
By:
Carole Ehrlich, City Secretary
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RESOLUTION 2004-13 (RI
A RESOLUTION IMPOSING ADDITIONAL PENALTY FOR 2003 AND
SUBSEQUENT YEARS DELINQUENT TAXES AND AUTHORIZING AN
AMENDMENT TO THE EXISTING SERVICES CONTRACT WITH
LINEBARGER GOGGAN BLAIR& SAMPSON,LLP,ATTORNEYS AT
LAW, IN ASSOCIATION WITH NICHOLS JACKSON DILLARD
HAGER& SMITH, ATTORNEYS AND COUNSELORS AT LAW
WHEREAS, the City of Wylie contracts with LINEBARGER GOGGAN BLAIR& SAMPSON,
LLP(formerly known as Linebarger Heard Goggan Blair Graham Pena& Sampson,LLP)Attorneys
at Law, in association with NICHOLS JACKSON DILLARD HAGER& SMITH, Attorneys and
Counselors at Law("the private law firm")to enforce the collection of all delinquent taxes, penalty
and interest by virtue of a written contract dated June 26, 2001 ("the Contract"); and
WHEREAS, the Texas Property Tax Code Sections 33.07 and 33.08 were amended by the Seventy
Seventh Legislature by Act of May 17, 2001; and
WHEREAS, under said Sections 33.07 and 33.08, the governing body of the City of Wylie is
empowered to authorize the addition of a collection penalty in an amount that does not exceed the
amount of the compensation specified in the contract with the private law firm;
WHEREAS,the source of the funds for private counsel's compensation is the additional penalty paid
by the delinquent taxpayer, rather than the public treasury; and
WHEREAS,the City of Wylie desires to amend the existing contract with the private law firm as per
the attached Amendment No. 1 to the Contract.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of
Wylie that the attached Amendment No.1 to Contract between the the City of Wylie and the private
law firm is hereby PASSED and APPROVED on this day.
IT IS FURTHER RESOLVED AND ORDERED that taxes for the year 2003 and taxes for all
subsequent years that become delinquent on or after February 1 but not later than May 1,that remain
delinquent on July 1 of the year in which they become delinquent, incur an additional penalty in the
amount of twenty percent(20%) of taxes, penalty and interest due, pursuant to Texas Property Tax
Code Section 6.30 and 33.07, as amended.
IT IS FURTHER RESOLVED AND ORDERED that the taxes for the year 2003 and taxes for all
subsequent years that remain delinquent on or after June 1 under Texas Property Tax Code Sections
26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in the amount of
twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax Code
Section 6.30 and Section 33.08, as amended.
Resolution=2004-13(R)
Delinquent Tax Collection Fee Amendment
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This resolution shall take effect immediately from and after its passage in accordance with the
provisions of the law.
PASSED AND APPROVED this 27th day of April, 2004.
THE CITY OF WYLIE
By:
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution#2004-13(R)
Delinquent Tax Collection Fee Amendment
2