The URL can be used to link to this page

05-11-2004 (City Council) Agenda Packet • NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, MAY 11, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CA1.E TO OR DER IN 3CATIO 8 FLEDG O .kLLE�GIANCE ' OCLAMATIO &PRESENTATIONS • Presentation of Star Student for demonstrating the character trait of"Fairness" CITT NS PARTIcIPA' ' N CO SENT'AGENDA... 'l::and will be'ienacted..b :< e:.�,nns�en#::A . da;are..cnnstd�red::t�::b±�<roitie:�.::<tl,�;; �3*:;�Oi��a�c�.::::::::::::::::::::::::::.;:.::.;;:.;:.;;:.;:.;:.;:.:.;y. Ail::makers::luted:end ::t#.....................:.::::.g�n.:::::::::::::::...... ...................:.:: . ::�.:................:..........::..::::::::.::. ::::.:::::......................... .:........:.......i...:.:.:::: ..:......::. .. ' ;.: ..: araTe:::d4scussto�:>of:these::�ts::: ::�iiseu�Qu:::�s:cl�:sx � ;fly : tic :�€�;b ;; ;�e:::: one:mohon..:: x�#►t.;bse .............. : ::.:: : ::: : :..............:::::::::::::::.::::: :::: .................::::;; :::::::::::::::;:::::::;::;:::. frona<:tlue;:��msent:;A en�a: td;; ll:#re:ca .d.::::. ::::::.p. ::.:::::::.y.:::::::::::::::::::::::.:.:........................................................................................ A. Approval of the Minutes from the April 27,2004 City Council Meeting. B. Consider and act upon the appointment of an Ad Hoc member to the Planning&Zoning Commission to serve on the Impact Fee Advisory Committee. INDIVIDUAL CQi NIDE A'T'TON Public Hearings 1. Hold the second of two Public Hearings for the annexation of a 185.1449 acre tract of land out of the E.M.Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey,Abstract No. 860, Collin County,Texas and the E. M.Price Survey,Abstract No. 1114,Dallas County,Texas,and generally located at the northwest corner of Vinson Road and FM 544. Executive Summary This annexation is at the request of the property owner. A zone change request is being processed concurrently with the annexation,with a public hearing to be conducted on June 8,2004. Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two(2)public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21,2004 First Public Hearing May 10,2004 Second Public Hearing May 11,2004 Adoption of Ordinance June 8,2004 • 2. Hold the second of two Public Hearings for the annexation of a 14.7751 acre tract of land out of the L.B.Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and generally located east of Troy Road, south of Sunrise Drive. Executive Summary This annexation is at the request of the property owner. Should the City Council approve the proposed annexation,the property will be zoned as I(Industrial)zoning to accommodate expansion of the North Texas Municipal Water Supply District. Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two(2)public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21,2004 First Public Hearing May 10,2004 Second Public Hearing May 11,2004 Adoption of Ordinance June 8,2004 3. Hold the second of two Public Hearings for the annexation of a 44.039 acre tract of land out of the Francisco De La Pina Survey,Abstract 688 and the James Truett Survey,Abstract 920,Collin County,Texas,and generally located north of Brown Street,east of Ballard Street. Executive Summary This annexation is at the request of the property owner. Should the City Council approve the proposed annexation,the property will be zoned as A(Agricultural). Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two(2)public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law,staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21,2004 First Public Hearing May 10,2004 Second Public Hearing May 11,2004 Adoption of Ordinance June 8,2004 4. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A), Single-Family Residential (SF-8.5/17) and Neighborhood Services (NS) Districts to Industrial (I) for the North Texas Municipal Water District utility operations, subject property being multiple tracts acquired by the NTMWD since 1951 totaling approximately 420 acres generally located north of State Highway 78 and south of Skyview Drive (C.R 384), between Paul Wilson Road and Eubanks/Forrest Ross Road (C.R. 389), situated in the Francisco De La Pina Survey,Abstract No. 688 and the James Truett Survey,Abstract No. 920,City of Wylie, Collin County,Texas. (Zoning Case 2004-05)(Ordinance No. 2004-14) Executive Summary The NTMWD campus in Wylie totals approximately 420 acres, which is currently zoned in various land use classifications. Water treatment facilities were allowed by right in most nonresidential districts prior to the adoption of the new Zoning Ordinance and City- wide Map in November of 2001,but are currently permitted only in the Industrial(I)District.The subject request is intended to classify all NTMWD properties within Wylie as Industrial(I),thereby allowing the planned additional treatment facilities as well as remove the nonconforming status of existing facilities. The request includes rezoning three (#) tracts totaling 28.73 acres from Neighborhood Services to Industrial. These include 5.39 acres on the west off Paul Wilson Road, 16.7 acres to the east north of the railroad corridor and fronting Eubanks Lane and Lynda Lane,and 6.64 acres on the northeast fronting Forrest Ross Road(which will accommodate some of the new construction). An additional 153.97 acres in three tracts are to be rezoned from Single Family Residential 8.5/17 to Industrial,including 55.47 acres to the west fronting Paul Wilson Road,84.79 acres within the center of the site north of the rail corridor and east of the electric transmission lines (which will accommodate most of the new construction), and 13.71 acres to the northeast between Lynda Lane and Forrest Ross Road(which will accommodate some to the new construction). Three tracts will also be rezoned from Agriculture(A)to Industrial,including 8.33 acres which is land-locked south of the railroad,34.45 acres on the west between Paul Wilson and the railroad, and 15.48 acres north of Skyview Drive. Public Comment Forms were mailed to fifty-seven (57)property owners within 200 feet of this request as required by State law. Three(3)Comment Forms have been returned,all favoring the request. At the April 20,2004 Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend approval of this zone change request. • Tabled Items Tabled from the 3/23/04 Council Meeting 5. Consider and act upon removing Item 5 from the table and hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP)for a Telecommunications Tower,subject property being located at 713 Cooper Drive,and being part of Lot 3,Block A of Wylie Industrial Park Addition,City of Wylie,Collin County,Texas. (Zoning Case 2004-01) Executive Summary This item was tabled by Council at the March 23,2004 City Council meeting in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites. The applicant has demonstrated research of alternate locations,but has not as yet completed plans, and is requesting an additional 90 day extension. Council is asked to remove the request from the table and consider granting an additional extension to August 10,2004. The applicant is requesting a Special Use Permit(SUP)in order to install a Telecommunications Tower and Antennas on a leased portion of Lot 3,Block A of the Wylie Industrial Park,at 713 Cooper Drive. The property is currently zoned Commercial Corridor(CC)and such towers are allowed within the CC District only with an approved SUP. The installation is planned to comply with all requirements of the Zoning Ordinance,except that a height of 150 feet is requested rather than the maximum 120 feet allowed by the Ordinance although the applicant has offered to limit the height to the required 120 feet. The location is within Wylie's new Central Business District as proposed by the Comprehensive Plan,and visible from the major S.H. 78 and F.M. 544 intersection. Five of the property owners within the required notification area of 200 feet have provided written responses in opposition to the request,requiring a 75%affirmative vote of the Council to approve the request.(6 votes to approve) The Planning and Zoning Commission recommends denial of the request because the applicant has failed to demonstrate that no alternative sites are available which do not have such significant visual impact to the CBD. Because of the Commission's recommendation for denial,a 75%affirmative vote of the Council is required to approve the request. Tabled from the 4/27/04 Council Meeting 6. Consider and act upon removing Item 6 from the table and 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 This item was tabled by Council at the April 27,2004 City Council meeting in order to allow time for more information to be gathered and presented. Our delinquent tax attorney has requested that the item be moved forward until the May 25,2004 City Council meeting due to a medical conflict with the person that will present the additional items. Council is asked to remove the request from the table and consider granting an additional extension to May 25, 2004. 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 financial impact to the city. The costs are paid by the delinquent taxpayer at the time of payment. Tabled from the 4/27/04 Council Meeting 7. Consider and act upon removing Item 7 from the table and an appeal requested by Melanie Hancock representing Wal-Mart,in response to a variance denial made by the Construction Code Board. Executive Summary On April 27,2004 Council approved the tabling of this item due to the applicant not being present to provide pertinent information.The applicant has stated that she will be present at the May 11,2004 Council meeting to answer Councils questions and concerns relating to the appeal of the Construction Code Board decision.Council is asked to remove the item from the table for consideration.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. • Adoption of Ordinance 8. Consider and act upon adopting amendments to the City Ordinance regulating the discharge of firearms in the City of Wylie. (Ordinance No. 2004-15) Executive Summary As part of the Code update the "Discharge of Firearms and Weapons" Ordinance has been reviewed and several amendments are suggested. The proposed amendments add four exceptions with the first exception corresponding with the current Health Code,and the other three exceptions corresponding with the current Penal Code; 1) Where the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal. 2) Where deadly force is used in self-defense. 3) Where deadly force is used to protect a third person. 4) When force is used to protect life or health. Board Appointment 9. Consider and act upon appointment of a board member to the North Texas Municipal Water District Board. Executive Summary The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with law,in alignment with NTMWD policy,and in the best interests of the cities receiving services.NTMWD's existing Board(18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors.The City of Wylie has two board members on the NTMWD Board; Mr.Harry Tibbals,whose term expires May 31,2005 and Mr.Marvin Fuller whose term expires May 31,2004. Mr.Fuller stated that he would be willing to serve another term. The City Council will need to make this appointment before the term expires May 31,2004. 2EA ING A1I & CAPTION APPROVED BY COUNCIL S QUIRED B , <WY.L E TX CHA TE ,ARTicLE Ordinance Nos. 2004-14 and 2004-15 • Discussion of future park projects and grants EItECUTIVE:SESSION . In accordance with Chapter 551,Government Code, Vernon's Texas Code Annotated(Open Meeting Act), Section 551. §551.072 Deliberation Regarding Real Property; Closed Meeting A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Highway 78 between First and Third Streets • FM 1378 at Brown Street .DJOURNEIT `. . 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 SessiO4'4 ill Yita]cpn and recorded in open session. J•.•`y 0 F )- // 2004 at 5:00p.m. as required bylaw in accordance with I certify that this Notice of Meeting was pallekfep•tliis 7tedow6j,14ay, q Section 551.042 of the Texas Governmetketr lea that a 9pp'criate news media contacted. As a courtesy, this agenda is also posted to the City 'e Website a wwvv.ci .us Car le Ehrlich,Ci etary , =• \ Date Notice Removed The Wylie Municipal Complex is Wheelchair a&e,ol 1 ESifjjilf tation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City9tyr w'bhiice at 972/442-8100 or TD 972/442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. B. May 11, 2004 Issue Consider and act upon the appointment of an Ad Hoc member to the Planning&Zoning Commission to serve on the Impact Fee Advisory Committee. Background The Planning & Zoning Commission has been serving as the designated Impact Fee Advisory Committee for the purpose of reviewing the existing Land Use Assumptions, Water and Sewer Master Plan, Capital Improvement Plan and Impact Fees. State Law enables the Commission to serve in that function so long as an additional ad hoc member is appointed who represents the building community and resides in the City's ETJ. Mr. Tommy Pulliam served as this member on the previous committee and staff has contacted Mr. Pulliam, who has indicated a willingness to serve on the committee again. Financial Considerations N/A Other Considerations Section 395.058 of the Local Government Code establishes the requirements for the composition of the Impact Fee Advisory Committee. The Ad Hoc member only serves in that capacity when the Planning &Zoning Commission acts as the Advisory Committee. Board/Commission Recommendations N/A Staff Recommendations Staff recommends the appointment of Mr. Tommy Pulliam as the ad hoc member of the Impact Fee Advisory Committee. Attachments N/A Prepared by Reviewed by Finance City Manager Approval Tabled Items Tabled from the 3/23/04 Council Meeting 5. Consider and act upon removing Item 5 from the table and hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP)for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3,Block A of Wylie Industrial Park Addition,City of Wylie,Collin County,Texas. (Zoning Case 2004-01) Executive Summary This item was tabled by Council at the March 23,2004 City Council meeting in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites. The applicant has demonstrated research of alternate locations,but has not as vet completed plans, and is requesting an additional 90 day extension. Council is asked to remove the request from the table and consider granting an additional extension to August 10,2004. The applicant is requesting a Special Use Permit(SUP)in order to install a Telecommunications Tower and Antennas on a leased portion of Lot 3,Block A of the Wylie Industrial Park, at 713 Cooper Drive. The property is currently zoned Commercial Corridor(CC)and such towers are allowed within the CC District only with an approved SUP. The installation is planned to comply with all requirements of the Zoning Ordinance,except that a height of 150 feet is requested rather than the maximum 120 feet allowed by the Ordinance although the applicant has offered to limit the height to the required 120 feet. The location is within Wylie's new Central Business District as proposed by the Comprehensive Plan,and visible from the major S.H. 78 and F.M. 544 intersection. Five of the property owners within the required notification area of 200 feet have provided written responses in opposition to the request,requiring a 75%affirmative vote of the Council to approve the request. (6 votes to approve) The Planning and Zoning Commission recommends denial of the request because the applicant has failed to demonstrate that no alternative sites are available which do not have such significant visual impact to the CBD. Because of the Commission's recommendation for denial,a 75%affirmative vote of the Council is required to approve the request. Tabled from the 4/27/04 Council Meeting 6. Consider and act upon removing Item 6 from the table and 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 This item was tabled by Council at the April 27,2004 City Council meeting in order to allow time for more information to be gathered and presented. Our delinquent tax attorney has requested that the item be moved forward until the May 25,2004 City Council meeting due to a medical conflict with the person that will present the additional items. Council is asked to remove the request from the table and consider granting an additional extension to May 25, 2004. 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 financial impact to the city. The costs are paid by the delinquent taxpayer at the time of payment. Tabled from the 4/27/04 Council Meeting 7. Consider and act upon removing Item 7 from the table and an appeal requested by Melanie Hancock representing Wal-Mart,in response to a variance denial made by the Construction Code Board. Executive Summary On April 27,2004 Council approved the tabling of this item due to the applicant not being present to provide pertinent information. The applicant has stated that she will be present at the May 11,2004 Council meeting to answer Councils questions and concerns relating to the appeal of the Construction Code Board decision. Council is asked to remove the item from the table for consideration. 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 Wvhe 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. Adoption of Ordinance 8. Consider and act upon adopting amendments to the City Ordinance regulating the discharge of firearms in the City of Wylie. (Ordinance No. 2004-15) Executive Summary- As part of the Code update the "Discharge of Firearms and Weapons" Ordinance has been reviewed and several amendments are suggested. The proposed amendments add four exceptions with the first exception corresponding with the current Health Code,and the other three exceptions corresponding with the current Penal Code: 1) Where the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal. 2) Where deadly force is used in self-defense. 3) Where deadly force is used to protect a third person. 4) When force is used to protect life or health. Board Appointment 9. Consider and act upon appointment of a board member to the North Texas Municipal Water District Board. Executive Summan The Board of Directors of North Texas Municipal Water District is a police making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWI)operations occur in accordance v'-ith law,in alignment with NTMWD policy,and in the best interests of the cities receiving services.NTMWD's existing Board(18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. The City of Wylie has two board members on the NTMWI)Board: Mr.Harry Tibbals,whose term expires May 31,2005 and Mr.Marvin Fuller whose term expires May 31,2004. Mr.Fuller stated that he would be willing to serve another term. The City Council will need to make this appointment before the term expires May 31,2004. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. Ordinance Nos. 2004-14 and 2004-15 WORK SESSION • Discussion of future park projects and grants EXECUTIVE SESSION In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated(Open Meeting Act), Section 551. 3551.072 Deliberation Regarding Real Property; Closed Meeting A governunental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Highway 78 between First and Third Streets • FM 1378 at Brown Street ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 7th day of May,2004 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 contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ei.wvlie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Office of the City Secretary Memo To: Mayor and Council From: Carole Ehrlich, City Secretary CC: Mindy Manson, Acting City Manager Jeff Butters, Chief of Police Mike Sferra, Director of Development Services Date: March 6, 2008 Re: 5/11 Agenda Packet Agenda Please insert the revised agenda in your packet. The executive summaries for items 2 and 3 were reversed. Item 8 Attached is a revised copy of Ordinance 2004-15 - Regulating the discharge of firearms and weapons. This copy should replace your agenda packet copy. The revision is the addition of Section 2 (H). Packet Copies After the packets were distributed, we realized that our copier had some technical problems during the agenda preparation, therefore you may notice some copy errors throughout the packet. If you find that you need a corrected copy of a certain page from the packet, please let me know. I will have the original packet available. We apologize for this oversight. 1 WYLIE CITY COUNCIL AGENDA ITEM NO. 1. May 11, 2004 Issue Hold the second of two Public Hearings for the annexation of a 185.1449 acre tract of land out of the E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas, and generally located at the northwest corner of Vinson Road and FM 544. Background This annexation is at the request of the property owner. A zone change request is being processed concurrently with the annexation, with a public hearing to be conducted on June 8, 2004. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21, 2004 First Public Hearing May 10, 2004 Second Public Hearing May 11, 2004 Adoption of Ordinance June 8, 2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan Prepared by Reviewed by Finance City Manager Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA RICE TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 185.1449 acres SURVEY, ABSTRACT & COUNTY: The E.M. Price Survey, Abstract No. 725, the D. W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E. M. Price Survey, Abstract No. 1114, Dallas County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. 2. May 11, 2004 Issue Hold the second of two Public Hearings for the annexation of a 14.7751 acre tract of land out of the L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and generally located east of Troy Road, south of Sunrise Drive. Background This annexation is at the request of the property owner. Should the City Council approve the proposed annexation, the property will be zoned as A (Agricultural). Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21, 2004 First Public Hearing May 10, 2004 Second Public Hearing May 11, 2004 Adoption of Ordinance June 8, 2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan Prepared by Reviewed by Finance City Manager Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA TROY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 14.7751 acres SURVEY, ABSTRACT & COUNTY: L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one- half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10)years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. I May 11, 2004 Issue Hold the second of two Public Hearings for the annexation of a 44.039 acre tract of land out of the Francisco De La Pina Survey, Abstract 688 and the James Truett Survey, Abstract 920, Collin County, Texas, and generally located north of Brown Street, east of Ballard Street. Background This annexation is at the request of the property owner. Should the City Council approve the proposed annexation, the property will be zoned as I (Industrial) zoning to accommodate expansion of the North Texas Municipal Water Supply District. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings April 21, 2004 First Public Hearing May 10, 2004 Second Public Hearing May 11, 2004 Adoption of Ordinance June 8, 2004 Financial Consideration The current property tax rate for the City of Wylie is .705 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan Prepared by Reviewed by Finance City Manager Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA NTMWD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 44.039 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688 and James Truett Survey, Abstract 920, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. 4. May 11, 2004 Issue Hold a Public Hearing to consider and act upon a change in zoning from from Agriculture (A), Single-Family Residential(SF-8.5/17)and Neighborhood Services(NS)Districts to Industrial(I)for the North Texas Municipal Water District utility operations, subject property being multiple tracts acquired by the NTMWD since 1951 totaling approximately 420 acres generally located north of State Highway 78 and south of Skyview Drive (C.R. 384), between Paul Wilson Road and Eubanks/Forrest Ross Road (C.R. 389), situated in the Francisco De La Pina Survey, Abstract No. 688 and the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas. (Zoning Case 2004-05) Background The North Texas Municipal Water District(NTMWD)is a special-purpose district established by the State legislature in 1951. Its initial facilities were completed and it began to pump water in November of 1956. During the intervening years, the District's water treatment facilities have continued to expand, and today the NTMWD serves a population of nearly one million people with fresh water, waste-water treatment and solid waste disposal. The District plans to expand the water treatment capacity by construction of a fourth plant on the campus of its original facility in Wylie. The new plant is to be constructed on the northeast side of the NTMWD property, adjacent to the existing treatment complex. The new construction will begin in the Fall of 2004 and be completed in 2007. The NTMWD campus in Wylie totals approximately 420 acres, which is currently zoned in various land use classifications. Water treatment facilities were allowed by right in most nonresidential districts prior to the adoption of the new Zoning Ordinance and City-wide Map in November of 2001, but are currently permitted only in the Industrial (I) District. The subject request is intended to classify all NTMWD properties within Wylie as Industrial (I), thereby allowing the planned additional treatment facilities as well as remove the nonconforming status of existing facilities. The request includes rezoning three(#)tracts totaling 28.73 acres from Neighborhood Services to Industrial. These include 5.39 acres on the west off Paul Wilson Road, 16.7 acres to the east north of the railroad corridor and fronting Eubanks Lane and Lynda Lane, and 6.64 acres on the northeast fronting Forrest Ross Road (which will accommodate some of the new construction). An additional 153.97 acres in three tracts are to be rezoned from Single Family Residential 8.5/17 to Industrial, including 55.47 acres to the west fronting Paul Wilson Road, 84.79 acres within the center of the site north of the rail corridor and east of the electric transmission lines (which will accommodate most of the new construction), and 13.71 acres to the northeast between Lynda Lane and Forrest Ross Road(which will accommodate some to the new construction). Three tracts will also be rezoned from Agriculture (A) to Industrial, including 8.33 acres which is land- locked south of the railroad, 34.45 acres on the west between Paul Wilson and the railroad,and 15.48 acres north of Skyview Drive. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Public Comment Forms were mailed to fifty-seven (57) property owners within 200 feet of this request as required by State law. Three(3)Comment Forms have been returned, all favoring the request. 2. This request will allow an established use to continue to operate as a legal use. The property has bee owned by the NTMWD for decades and water treatment plants have been located and operating at the site since 1956, and were in place when the current Zoning Ordinance was adopted. 3. It is not clear why so much of the NTMWD facilities were not previously zoned Industrial or some intensively-commercial district more in character with the use. The property is largely fenced and recognized as an industrial-type use. However, the anticipated construction is currently illegal on properties zoned other than Industrial, and the requested rezoning will conform all NTMWD properties to the appropriate zoning. The lands currently zoned for residential and retail uses will not likely develop as such because they are owned and intended for future use by the NTMWD, so represent no economic loss to Wylie. 4. The NTMWD water treatment function is a public service more so than a commercial venture, providing clean water to and cleaning the sewage of nearly on million citizens of North Texas. Such water treatment operations are built to the specifications of the State and Federal environmental regulations, and monitored and controlled by these agencies. These controls include assuring safety and non-noxious operation. As an original and continuing member client community of the NTMWD,Wylie depends totally on such facilities for potable water aw well as treatment of sewage. The plant(s) also provide employment for nearly 300 local citizens. 5. The new treatment facilities are to be located to the northeast of the NTMWD campus which has previously not been actively developed. This area abuts the newly-platted Wylie Lakes residential subdivision within Wylie and the existing Glad Acres mobile home subdivision and neighboring rural ranchette lots. Screening is required when such Industrial uses are located adjacent to residential zoning/uses, but such screening may be accomplished by earthen berms and live plant hedges(like that provided at the new sewer treatment plant on Pleasant Valley Road)rather than masonry walls (like that provided by the Eastfork Special Utility District's water storage facility on South Ballard Avenue). 6. Approximately 44 acres of the NTMWD property, to the southwest between Brown Street and the railroad corridor and abutting the St. Anthony's Catholic Church and Anderson parcels,is not within the City of Wylie but remains within unincorporated Collin County. This area is currently not zoned and any uses would be allowed, as no governmental entity can legally control land uses within county jurisdiction. This are is currently being considered for annexation by the City of Wylie, and will be brought into the City as Industrial District to complement the subject request to rezone the entire NTMWD property as Industrial. Board/Commission Recommendation At the April 20, 2004 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this zone change request. Staff Recommendation Approval Attachments Ordinance Location Map Site Plan Illustrating Proposed Facilities Notification List and Map with responses Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 5. May 11, 2004 Issue Consider and act upon removing Item 5 from the table and hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP)for a Telecommunications Tower, subject property being located at 713 Cooper Drive,and being part of Lot 3,Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01) Background This item was tabled by Council at the March 23, 2004 City Council meeting in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites. The applicant has demonstrated research of alternate locations, but has not as yet completed plans, and is requesting an additional 90 day extension. Council is asked to remove the request from the table and consider granting an additional extension to August 10, 2004. The subject property was created in 1972 as Lot 3, Block A of the Wylie Industrial Park Addition. The entire lot totals 22,769 square feet or 0.523 acre in size, and is currently vacant. Prior to the Citywide revision of the Zoning Ordinance and Map in November of 2001, the property was zoned Industrial (I), and Microwave Towers were allowed by right. It is currently zoned Corridor Commercial (CC) District, and Telecommunications Microwave Towers are allowed within the CC District only with an approved Special Use Permit (SUP). The applicant is leasing 625 square feet (0.014 acre) at the rear of the lot, as well as an access easement to Cooper Drive,for the location of the telecommunications tower and equipment for commercial purposes. No use has been announced for the remainder of the lot. An existing utility easement abuts the subject tower location along the south side, in which are located underground sanitary sewer lines and overhead electric lines. The remainder of the subject lot will not be developed immediately, but is of sufficient size to accommodate many of the retail and office uses allowed within the Corridor Commercial District. The proposed telecommunications facility will be enclosed by an eight(8)feet high masonry wall. The tower will be a tapered monolithic pole, 150 feet in height, with no supporting guy wires. Electrical and telecommunications equipment will be located within a metal cabinet within the walled compound. All transmission and service wiring will be located underground, entering the compound from utility easements to the west and north. A paved drive and parking, within an easement, will provide access between the facility and Cooper Drive. Neighboring properties are zoned for Corridor Commercial uses. The abutting property to the east is occupied by an older masonry building and the property to the north across Cooper is occupied by a metal building,both constructed under the previous Industrial criteria. The new Walgreens building occupies the abutting lot to the south, and a drainage easement separates the two parcels. Further to the southeast is the site of the new Auto Zone retail store now under construction. Section 5.4 of the Zoning Ordinance allows consideration of a Special Use Permit(SUP)for certain uses within certain districts as a means to more carefully and specifically evaluate the effects of certain uses on surrounding properties or when necessary to establish for such uses in such locations any special conditions of development and/or operation necessary to insure that the use is more compatible and consistent with the character of adjacent properties than that use may be normally in other locations. An SUP does not change the zoning of the land but overlays the existing zoning with site- and project-specific additional uses and regulations. The Planning and Zoning Commission and the City Council shall evaluate a request for an SUP to determine its probable effect on adjacent properties and the community as a whole, and may impose any reasonable conditions for the granting of an SUP. The Zoning Ordinance requires such special regulations in many cases. Failure at any time to comply fully with the approved conditions of the SUP, whether as generally stated within the Ordinance or as special Conditions for a given site, will result in the revocation of the SUP and cancellation of the Certificate of Occupancy. Section 5.2.G.14 of the Zoning Ordinance(see attached)requires an approved Special Use Permit(SUP)for the construction and operation of Telecommunications Towers and Antennas and specifies requirements with which all such towers must comply. The Ordinance encourages towers to accommodate the antennas and operations of several communications providers, and regulates their location and construction to minimize visual impact on residential districts and public rights-of-way. The towers must be of a monopole construction and shall not exceed one hundred twenty(120)feet in height, and ground-level equipment must be screened by a masonry wall. Construction and operation must be in compliance with current requirements of the Federal Communications Commission which ultimately regulates such towers and antennas. The Commission may make the SUP subject to any special conditions deemed appropriate for this particular site and operation. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Public Comment Forms were mailed to twelve(12)property owners within 200 feet of this request. Four (4)Comment Forms have been returned representing eight(8)parcels within the notification area,three(3) favoring and five(5) opposing the request. This negative response of twenty(20)percent or more of the land within the notification area requires an affirmative vote of seventy-five (75) percent of the City Council in order to approve the request. 2. The overall height of the tower is proposed to be one hundred fifty (150) feet, rather than the 120 feet maximum height allowed by the Zoning Ordinance. This additional height is requested in order to accommodate multiple antennas and dishes (encouraged by the Ordinance) as well as attain the required line-of-sight alignment required for transmitting/receiving of the microwaves and the distances between such towers established by the Ordinance. The proposed tower and associated development will comply fully with all of the specific regulations of the Zoning Ordinance except for this difference in height, so the Conditions of the SUP provide only for this variation. In September of 2002, the Planning and Zoning Commission approved construction of a 150 feet high telecommunications tower and similar equipment building for another provider on Regency Drive (because that property was zoned Industrial and application had been made prior to revisions to the Zoning Ordinance, only site plan approval was required rather than an SUP). 3. That limited portion of the lot on which the tower is to be located and to which the SUP will apply is leased by the owner to the third-party utility T-Mobile. The SUP will run with the land and the land ownership rather than with the tower ownership (T-Mobile), but all future users of the tower must comply with the Conditions of the SUP. 4. The somewhat triangular shape of the subject property and the undevelopable utility and drainage easements restrict the use of this rear portion of the property for other urban uses allowed within the zoning district. The remaining front majority of the lot is of sufficient size, shape and character to accommodate a variety of future uses as allowed by the Zoning Ordinance. 5. The intersection of S.H. 78 and F.M. 544 is the new central place of Wylie, and the tower will be visible from these public streets and the abutting developments. However, future retail construction on the properties south and east of the tower and between it and the highways should effectively screen the ground-level equipment as well as the lower portion of the tower. Furthermore, the proposed tower location is within a somewhat lower drainage area, and the monolithic shape and silver color of the pole, with no signage or lighting, should blend with the background sky and lessen its visual impact at this important location. 6. The communication function of the tower is a public/community service(if not necessity)as much as it is a private economic venture. Towers of similar height and greater visibility provide electric power and emergency communications (City police and fire dispatch), and elevated storage tanks provide water for consumption and fire protection largely immune from the level of regulation required of private telecommunications facilities. Board/Commission Recommendation At the March 2, 2004 Planning and Zoning Commission meeting,the Commission voted 4-2 to table this item until the March 16, 2004 Planning and Zoning Meeting. At their March 16, 2004 meeting, the Commission voted 6-1 to recommend denial of Zoning Case#2004-01. Because of the recommendation for denial by the P&Z, a 75% affirmative vote of the Council is required to approve the request. Staff Recommendation Remove the request from the table and grant an additional 90-day extension of the consideration to allow the applicant time to research alternative locations. Staff will mail notices of the tabling and new date for consideration to 200-foot notification area, should Council decide to table the request. Attachments Ordinance with Conditions of the SUP Location Map Site Plan and Details Applicant's letter reflecting compliance with requirements of the ZO Requirements of the ZO for Telecommunications Towers Photographs of the site and comparable towers Notification List and Map, with Responses Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-01, TO COMMERCIAL CORRIDOR (CC)DISTRICT WITH A SPECIAL USE PERMIT(SUP)ALLOWING FOR A TELECOMMUNICATIONS TOWER AND ANTENNA; 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 Commercial Corridor (CC) District with a Special Use Permit, allowing for a telecommunications tower, said property being described in Exhibit"A" and Exhibit"B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person,firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2004. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Zone Change #2003-14 PROPERTY DESCRIPTION BEING a tract of land located at 117 Cooper Drive, and being Lot 2, Block A in the Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. Exhibit "B" SPECIFIC USE PERMIT CONDITIONS for a Telecommunications Tower and Antennas 117 Cooper Drive Lot 2, Block A, Wylie Industrial Park (Zoning Case 2004-01) General Conditions: 1. The purpose of this Special Use Permit is to allow the construction and operation of a Telecommunications Tower and Antennas, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Special Use Permit shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Commercial Corridor (CC) District set forth in Sections 4.2.B and 5.2.G.14 of the Zoning Ordinance (as adopted November 2001) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Special Use Permit shall apply on that +/- 625 square feet portion of Lot 2, Block A of the Wylie Industrial Park as described in Exhibit "A", and shall not be transferred or applied to other uses or properties in any way. 2. Permitted land uses within this Special Use Permit shall permit a Telecommunications Tower and Antennas, as well all of but only those uses permitted within the Commercial Corridor District as specified in Section 5.1 of the Zoning Ordinance. 3. All development provisions and regulations of Section 5.2.G.14 of the Zoning Ordinance shall apply, except that the tower may not exceed one hundred fifty (150) feet in height. 4. The operations shall remain in compliance at all times with the above and all other applicable local, state and federal laws, and failure to do so shall be considered a violation of this Special Use Permit and subject to revocation of the SUP. WYLIE CITY COUNCIL AGENDA ITEM NO. 6. May 11, 2004 Issue Consider and act upon removing Item 6 from the table and 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 This item was tabled by Council at the April 27, 2004 City Council meeting in order to allow time for more information to be gathered and presented. Our delinquent tax attorney has requested that the item be moved forward until the May 25,2004 City Council meeting due to a medical conflict with the person that will present the additional items. Council is asked to remove the request from the table and consider granting an additional extension to May 25, 2004. 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 (as detailed in Exhibit A), 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 1 (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 8th day of June, 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 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 7. May 11, 2004 Issue Consider and act upon removing Item 7 from the table and an appeal requested by Melanie Hancock representing Wal-Mart, in response to a variance denial made by the Construction Code Board. Background On April 27, 2004 Council approved the tabling of this item due to the applicant not being present to provide pertinent information. The applicant has stated that she will be present at the May 11, 2004 Council meeting to answer Councils questions and concerns relating to the appeal of the Construction Code Board decision. On March 25, 2004 a variance regarding the maximum allowable area of a monument sign to be located at 2050 N. Highway was requested by Melanie Hancock representing Wal-Mart. According to Section 8(A).1 of the Sign Regulations of 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 must be met in order to approve a request for variance. (See excerpt below from page ten of 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 a variance, the Construction Code Board shall determine that the request meets three (3) of the following'bur(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,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. 8. May 11, 2004 Issue Consider and act upon adopting amendments to the City Ordinance regulating the discharge of firearms in the City. Background As part of the Code update the"Discharge of Firearms and Weapons" Ordinance has been reviewed and several amendments are suggested. The Ordinance makes it unlawful to discharge firearms or weapons in the City Limits. In reviewing the ordinance we believed that there are several valid reasons that a person may discharge a firearm in the City that are not addressed in the exceptions of the current ordinance. The proposed amendments add four exceptions; 1. Where the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal. 2. Where deadly force is used in self-defense. 3. Where deadly force is used to protect a third person. 4. When force is used to protect life or health. The first exception exists in the Health Code. The remainder of the above exceptions exist in the Penal Code. Financial Considerations None Other Considerations None Board/Commission Recommendations N/A Staff Recommendations Pass the proposed Ordinance amendment. Attachments Proposed Ordinance Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 87-5, REGULATING THE DISCHARGE OF FIREARMS AND WEAPONS, SECTION 2 (EXCEPTIONS); 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 Wylie Ordinance No. 87-5, regulating the discharge of firearms and weapons, Section 2 (Exceptions) as provided herein. 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. 87-5, SECTION 2 (EXCEPTIONS). Wylie Ordinance No. 87-5, Section 2 (Exceptions) is hereby amended to add the following: cc (D) Where the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code, as it exists or may be amended. (E) Where deadly force is used in defense of a person as prescribed by §9.32, Penal Code, as it exists or may be amended. (F) Where deadly force is used against another to protect a third person as prescribed by §9.33, Penal Code, as it exists or may be amended. (G) Where force, deadly or otherwise, is used to protect life or health as prescribed by §9.34, Penal Code, as it exists or may be amended. (H) Where force is used to protect one's property as prescribed by §9.41, Penal Code, as it exists or may be amended." ORDINANCE#2004-15 ORDINANCE ESTABLISHING ADD'L DEFENSES FOR FIREARMS DISCHARGE Page 1 SECTION 3: PENALTY PROVISION. Any person, firm, corporation or business entity violating Ordinance No. 87-5, as amended by this or any other Ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not to exceed FIVE HUNDRED DOLLARS ($500.00). Each continuing day's violation under Ordinance No. 87-5, as amended by this or any other Ordinance, shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: SAVINGS/REPEALING CLAUSE. Wylie Ordinance No. 87-5 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this Ilth day of May, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary DATE OFPZ,BLIC 4TIOV: Mal 19, 2004 iri the Wylie News. ORDINANCE#2004-15 ORDINANCE ESTABLISHING ADD'L DEFENSES FOR FIREARMS DISCHARGE Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 9. May 11, 2004 Issue Consider and act upon appointment of a board member to the North Texas Municipal Water District Board. Background The Board of Directors of North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member cities for assuring that NTMWD operations occur in accordance with law,in alignment with NTMWD policy,and in the best interests of the cities receiving services. NTMWD's existing Board(18 member cities)is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board,thereby gaining experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's needs are met in the most effective manner. All NTMWD programs provide service based on cost to serve, with all cities provided equal treatment. Therefore,NTMWD policy established by the Board of Directors affects cost,performance and quality of service. The City of Wylie has two board members on the NTMWD Board;Mr.Harry Tibbals,whose term expires May 31, 2005 and Mr. Marvin Fuller whose term expires May 31, 2004. Mr. Fuller has stated that he would be willing to serve another term. The City Council will need to make this appointment before the term expires May 31,2004. Financial Considerations N/A Other Considerations In accordance with the statue creating the District,(Article 8280-141),the qualifications of a Director include the following:"No person shall be appointed a Director unless he resides in the City from which he is appointed. No member of a governing body of a City,and no employee of a City,shall be appointed as a Director." Under other State Law,no other government official that receives compensation could be appointed. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Correspondence from NTMWD Prepared by Reviewed by Finance City Manager Approval