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09-14-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA SEPTEMBER 14, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 GALL TO i(IRDhR TNVOCATIC)2 LET E OF ALLEGIAI� E PRESENTATIONS&PROcLA MA'I { NS • Presentation "Humanitarian Award" to Angela Helms • Presentation to "Friends of the Library" CITIZENS PARTICIPA,TIOI�T CONSENT AGENDA All matters ltted under t#e Consent Agenda are considered to be routine by the City Council:and will be enacted by one motion. `herre, ill notbe separate discussion of these items. If discussion is:desired,that item ill be remove€I ;frond t ie Consent Amanda and#will be coto idered scpar-ate1y A. Approval of the Minutes from the Regular Meeting of August 24, 2004 and the Special Called Meeting of August 31, 2004. B. Consider and act upon the approval of an ordinance designating Springwood Lane and a portion of Lanwood Drive as Temporary One-Way Streets in School Zones between the hours of 2:15 p.m. and 3:15 p.m. on all school days for Akin Elementary. C. Consider and act upon a Resolution ratifying Mindy Manson as Acting City Manager in the absence of Mark B. Roath, City Manager. D. Consider and act upon an approval of a request from the Lucas Christian Academy (L.C.A.)to have a homecoming event at Community Park on Saturday, October 22,2004 RECESSIiielTrCOUNCIL CALL.T£ O EII CILITIF D LOPME T CORPO A O >>> >>> 'PARRa&�>RECRE `�' Q�N:�,A............................................ la. Consider and act upon approval of the FY 2004-2005 4B Budget, authorizing expenditures for the FY04 Community Services Facilities Capital Improvement Plan. ADJOERN. PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION RECOI NE;C1TYiirQ 11 > ITFMS FO :;INDI DUAL CONSIDE ATION ACTI: 1. Consider and Act Upon Approval of the FY05 4B Budget and the Community Services Facilities Capital Improvement Plan. Executive Summary As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council and to implement the Community Services Facilities Capital Improvement Plan as adopted by the City of Wylie. Further,the Bylaws state that"It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." 2. Consider and act upon an ordinance of the City of Wylie, Texas, adopting a budget and appropriating resources for Fiscal Year 2005, beginning October 1, 2004, and ending September 30, 2005. Executive Summary The tax rate for fiscal year 2004-2005 is proposed to decrease$0.01 per$100 assessed valuation from$0.705 to$0.695. This will be the fourth year in a row that the tax rate has decreased. The combined decrease for the four-year period is $0.03 per$100 assessed valuation. A rapid increase in our total assessed taxable valuation has made this decrease possible. Since fiscal year 2000,the taxable tax base has increased$852 million or 157.1%. For fiscal year 2004-2005,the total assessed value increased by $253,858,535. Of this amount$182,573,710 represented new construction. An increase in the assessed valuation in FY2004 in combination with a decrease in the tax rate will generate an additional $1,729,584 in ad valorem tax revenues. Because no general obligation debt was issued during FY2004 the tax revenues required for debt service will remain constant and the increased revenues will be credited to the General Fund. 3. Consider and act upon an ordinance fixing the tax rate/levy for 2004 and for the fiscal year 2004-2005 Budget. The tax rate proposed is sixty-nine and one-half cents ($0.695) per$100 of assessed value. Executive Summary In accordance with the Truth-in-Taxation laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103% of the effective tax rate. The City Council is required to vote on the proposed tax rate and the City must publish the results of the roll call vote at least seven days prior to the scheduled public hearing. The results of the roll call vote were published in The McKinney Courier-Gazette on August 23, 2004 and The Wylie News on August 25, 2004, and a public hearing was held August 31, 2004. The proposed tax rate of$0.695 represents a one-cent decrease from the FY2004 rate. One cent of the proposed tax rate will generate approximately$139,500. The tax rate for maintenance and operations is$0.555908 per$100 of assessed valuation and the debt service rate is $0.139092. This tax ordinance will generate new levies of$7,601,545 in the General Fund and $1,901,959 in the General Obligation Debt Service Fund. The revenue from the ad valorem taxes is the primary source of funding in the General Obligation Debt Service Fund and represents approximately 51% of total General Fund revenues. Article 7, Section 3(D), Failure to Adopt, of the City's Home Rule Charter states that if the City fails to adopt the budget by the twenty-seventh day of September,the tax rate adopted will be the same as the current fiscal year. The adopted Fiscal Year 2004-2005 budget requires the support of this ordinance. Public Hearings 4. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) District to Single Family Residential (SF-10/19) District. Subject property being all of a certain 14.7751 acre tract of land generally located east of Troy Road and north of County Line Road, being part of tract of land deeded to Ishmael Leon Whitsell and wife as recorded in Volume 44, Page 204 of the Deed Records of Rockwall County, Texas, and part of a tract conveyed Lola M. Kinser as recorded in Volume 40, Page 591 of the Deed Records of Rockwall County, and situated in the L.B. Outlaw Survey, Abstract No. 173, City of Wylie, Rockwall County, Texas. (Zoning Case No. 2004-15) Executive Summary The subject property was annexed into the City of Wylie on June 8,2004,and was at that time zoned as Agriculture(A)District. The applicant earlier submitted a request for rezoning of the property, which would have created 4.8 acres of Neighborhood Service (NS) retail and 10 acres of Single Family 1A(SF-1A/26)Residential with the intent to create 5 acre tracts rather than one acre lots. That request was withdrawn prior to consideration by the Planning and Zoning Commission. On July 27,the City Council denied a request by the applicant to waive the alleys that are required by the Subdivision Regulations. The current request is to rezone the property to Single Family 10 Residential(SF-10/19)in order to divide the property into lots of at least 10,000 square feet. At the August 17,2004 meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of Zoning Case 2004-15. Staff recommends denial although the request does conform to the general philosophy of the Comprehensive Plan as well as to development trends in the immediate vicinity,it does not comply with the specific recommendations of the Future Land Use Map to provide larger lots throughout the Exterritorial Jurisdiction. 5. Hold a Public Hearing and act upon a change in zoning from Neighborhood Services (NS) District to Community Retail (CR)District. Subject property being all of a certain 11.429 acre tract of land generally located east of Country Club Road (F.M. 1378) and north of West Brown Street (F.M. 3412), being part of tract of land deeded to Ronald J. Johnson as recorded in Volume 5142, Page 3171 of the Deed Records of Collin County, Texas, and all of a 0.50 acre tract conveyed Ronald J. Johnson as recorded in Volume 5180, Page 1067 of the Deed Records of Collin County, and situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-16) and ACCEPT THE WITHDRAWAL BY THE APPLICANT. Executive Summary At the public hearing held by the Planning and Zoning Commission on August 17, 2004, the applicant requested that the proposed rezoning be withdrawn in order to allow time to conform the proposal more closely to the recommendations of staff and Commission. The applicant's letter of withdrawal is attached. Because the request for rezoning has been publicized and adjacent properties notified of the public hearing,the Council should convene the hearing to receive any citizen comments and accept the withdrawal. 6. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS)Districts to Planned Development(PD) District for mixed uses including retail, multi- family and singly-family residential of varied types and densities. Subject property being all of a certain 214.18 acre tract of land generally located in the south corner of South Ballard Avenue (Sachse Road) and Pleasant Valley Road (C.R. 378),being part of a 118.67 acre tract of land deeded to Grove Farm, Ltd. as recorded in Volume 5317, Page 5455 of the Deed Records of Collin County, and Volume 2002250, Page 5070 of the Deed Records of Dallas County, and part of a 38.129 acre tract conveyed Joy Grove Bruner as recorded in Volume 555, Page 232 of the Deed Records of Collin County, and part of a 38.13 acre tract deeded to Joy Grove Bruner as recorded in Volume 3535, Page 292 of the Deed Records of Collin County and Volume 91100, page 1278 of the Deed Records of Dallas County, and situated in the Guadalupe De Santos Survey, Abstract No. 1384, City of Wylie, Collin and Dallas Counties, Texas. (Zoning Case No. 2004-17) Consider and act upon the Tabling of Zoning Case#2004-17 until the September 28th Council Meeting. Executive Summary The applicant has requested that consideration of the request be postponed until the September 28, 2004 City Council meeting. However,the request has already been published in the newspaper,notices have been mailed to adjacent property owners as required by State law and notification signs have been placed on the subject property. Several neighboring property owners have submitted response forms. Because of this notification, Council should convene the public hearing and table consideration until the September 28 meeting. 7. Hold a Public Hearing and act upon a change in zoning from Business Center (BC) District to Business Center with a Special Use Permit (SUP) for warehouse and distribution use. Subject property located at 2803 Capital Street, being Lot 11, Block B of the Regency Business Park Phase II Addition, and situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-18) Executive Summary The subject property was created in 1987 in the Regency Business Park Phase 2 Addition. The lot totals approximately 0.9 of an acre, and fronts 50 feet on the north side of Capital Street. An 8,000 square feet masonry building occupies the lot,having been developed in March of 2003 in conformance to a Site Plan approved by the Planning and Zoning Commission. The building is now vacant. The property is currently zoned Business Center(BC)District,having been rezoned from Industrial (I)with the adoption of the City-wide revision of the Zoning Ordinance and Map in November of 2001. The previous use was a Showroom/Warehouse for an electrical fixtures company,which is allowed by right in both the previous Industrial and the current Business Center zoning.The applicant desires to use the facility for the warehousing and distribution of construction materials. Warehousing and distribution was allowed by right under the previous Industrial zoning,but is allowed within the Business Center District only by an approved Specific Use Permit. At the August 17, 2004 meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of Zoning Case 2004-18. Staff also recommends approval. 8. Consider and act upon a bid for two rescue hovercraft for the Wylie Fire Department. Executive Summary The fiscal 2004 operating budget for the Fire Department included funding for a Fire Prevention Inspector's vehicle and a mobile breathing air system. The department obtained TEEX grants to cover the cost of both of these items, thereby freeing up the budgeted funds for other purposes.The Fire Department has been authorized to use those available funds to purchase two hovercrafts for swift water rescue operations. Competitive sealed bids have been solicited and received from Neoteric Hovercraft in the amount of$44,473.00 and West Coast Hovercraft in the amount of$37,610.00. Although it is the low bid,the unit offered by West Coast Hovercraft does not meet the City's specifications. The total budget allocation for the vehicle and breathing air system was $63,430. Because delivery is likely to be after October 1, it may be necessary to carry the funds over into the fiscal 2005 budget. Staff recommends that Council award a contract in the amount of$44,473.00 to Neoteric,Inc. for the purchase of two rescue hovercraft. READIN G OE O INTANCE TITLE & CAPTTION AP .O' D D' COUNCIL AS REQUIEM BAY' :NY 'LI CITY C RTER,ARTI E DI,SE TIONi],3 D. 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. ````oiltitttttttt,' I certify that this Notice of Meeting was posted hiO0;;•c *f i ember,2004 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Governme�it kb .p•dnd that tha priate news media contacted. As a courtesy,this agenda is also •os ed to the Cii ie Website at g'.Ci ylic„.14.us'•. S.. Ca .le Ehrlich,Cit ecre . - -f Date Notice Removed • • The Wylie Municipal Complex is Wheelchair acotissi•••.•Eafwant'•• n or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the Crisjzy, e >`e ' 972/442-8100 or TD 972/442-8170. ``'` Mayor: For your Presentation "Humanitarian Award" to Angela Helms On August 31st at 12:56 p.m. an emergency dispatch to Wylie Fire Rescue (WFR) was made for a"child not breathing" at 620 W. Brown. Three minutes later Wylie Fire Rescue units arrived, and found an employee, Angela Helms, providing CPR to the child. She continued assisting while WFR set up the equipment. Wylie Fire Rescue Paramedics secured an airway, and started a life-line by intravenous injection. Total on scene time for Wylie Fire Rescue was eight minutes and 27 seconds. Enroute to the Hospital the child regained a pulse and a measurable Blood Pressure. The efforts by Highly Trained Paramedics and especially the effort by Angela Helms, in providing CPR in the first few minutes gave the child the best possible chances for survival. We are so proud to have a great citizen in our community taking care of our children. The City of Wylie is proud to present Angela Helms with the"Humanitarian Award" Mayor: This is a surprise for Rita Smith. Below is the presentation and Council presentation to Rita Smith "Friends of the Library" Presentation Presentation for "Rita Smith" Jerri Smith, Friends of the Library President will introduce Rita Smith and Mignon Morse. Rita will present the City Manager and City Council Members with library cards. After Rita presents Council with the cards, the surprise will be for the Mayor and Council to present Rita with a "gold library card" and a plaque depicting September 30th as "Rita Smith Day". She knows nothing about this. The library card and plaque will be at your desk before the meeting starts. ce WYLIE CITY COUNCIL AGENDA ITEM NO. B. September 14, 2004 Issue Consider and act upon the approval of an ordinance designating Springwood Lane and a portion of Lanwood Drive as Temporary One-Way Streets in School Zones between the hours of 2:15 p.m. and 3:15 p.m. on all school days for Akin Elementary. Background This school year there has been considerable congestion in front of Akin Elementary during afternoon pick-up. The traffic congestion has been much worse than in years past. The result of the increased traffic has been long lines and logjams at the W.A. Allen and Springwood and Springwood and Lanwood intersections. Staff including Police Chief Butters and City Engineer Chris Holsted have studied the traffic flow during afternoon pickup and have discussed the issue with the Akin Principal and Dr. Fuller and his staff. Some factors involved in the congestion are: cars picking up students in front of the school attempting to exit by going eastbound on Springwood adding to the congestion at the W.A. Allen intersection, drivers exiting westbound toward Lanwood getting blocked by traffic traveling North on Lanwood, and buses and cars picking up students traveling on Lanwood that must get to the back of the school for fourth grade and daycare pickups. The logjams at the intersections(mentioned above)are keeping cars that have already picked students up from exiting in a timely fashion and backing up the entire process. The solution staff has proposed is to make Springwood a temporary one-way street westerly from the Springwood and W.A. Allen intersection and to the Springwood and Lanwood intersection.We are also proposing to make Lanwood a temporary one-way southerly from its intersection with Springwood to the intersection of Lanwood and Heatherwood. (See Attached Diagram) The designated time for these temporary one way streets will be from 2:15 p.m. until 3:15 p.m. on all school days for Akin Elementary. Lanwood will be blocked,just north of the Springwood/Lanwood intersection. Blocking Lanwood will force traffic picking up in the back of the school onto Foxwood. The proposed solution should substantially reduce the logjam at the Springwood and Lanwood intersection and allow the cars picking up in front to exit more quickly. Financial Considerations Signs and installation will cost approximately $800.00 Staff Recommendations Pass the proposed Ordinance. Attachments Proposed Ordinance Diagram of traffic flow Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. C. September 14, 2004 Issue Consider and act upon a Resolution ratifying Mindy Manson as Acting City Manager in the absence of Mark B. Roath, City Manager. Background Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Mindy Manson has been designated by Mark B. Roath, City Manager, to function in this capacity, in the event of his absence or disability. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Resolution. Attachments Designation Letter Resolution#2004-21 (R) Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-21(R) RESOLUTION OF THE CITY OF WYLIE RATIFYING MINDY MANSON AS ACTING CITY MANAGER IN THE EVENT OF THE ABSENCE OF MARK B. ROATH, CITY MANAGER. WHEREAS, Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence, and; WHEREAS, Mark B. Roath has filed with the City Secretary a letter designating Mindy Manson as Acting City Manager in the event of his absence or disability. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. Mindy Manson is hereby ratified as Acting City Manager in the absence or disability of Mark B. Roath. PASSED AND APPROVED this 14th day of September, 2004. Mayor, John Mondy ATTEST: Carole Ehrlich, City Secretary August 30, 2004 Honorable John Mondy and Members of the City Council City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Honorable John Mondy and Members of the City Council: Pursuant to Article IV, Section 1. D. of the City of Wylie Home Rule Charter, I Mark Roath, City Manager for the City of Wylie, do hereby designate Mindy Manson as Acting City Manager in the event of my absence or disability. I have filed this letter with the City Secretary within 30 days of my appointment. I request the City Council to ratify this designation. Sincerely, Mark B. Roath City Manager cc: City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. D. September 14, 2004 Issue Consider and act upon a approval of a request from the Lucas Christian Academy (L.C.A.) to have a homecoming event at Community Park on Saturday, October 22, 2004. Background Representatives with L.C.A. are requesting to have their homecoming football game at Community Park on October 22, 2004. Staff is coordinating with the sports leagues and the L.C.A. on the field usage and fees. L.C.A. is also requesting that they would like to make this like a festival event and fundraising opportunity by offering their own concessions and charging admission to the event. Financial Considerations N/A Other Considerations Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, filiiis or corporations, or the agents of any person, or organization, film or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Board/Commission Recommendation The Parks and Recreation Board unanimously approved the request at their meeting, August 23, 2004. Staff Recommendation Staff recommends approving the request. Attachments Parks and Recreation Vendor Request Form Prepared by Reviewed by Finance City Manager Approval CITY RFtYLIEI It II11III6l0lili I1�lill IIII��IIIIIIIIII�Iliilllll'lli�lll�'ll�ll CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Lucas Christian Academy Location Community Park Address 415 W. Lucas Rd. Lucas,Texas 75002 Date(s) 10/22/2004 Phone No. 972-429-4362 x439 Start Time 4pm Alternate Phone No. End Time 10pm Contact Person Name Jordan Hulcy/Denise Olson Number of Individuals Vending Items 10 Address Po Box 250 Anna,Texas 75409 Target Audience families Phone No. 214-693-9107 Anticipated Number in Attendance at Event 4-500 Alternate Phone No. 972-924-2712 Specific Items to be Sold Emergency Contact Name Carl Bindhammer, Dir. food items-chips,candy,soda,sports drinks,cookies, Address hambrugers,hot dogs, Phone No. Alternate Phone No. 469-878-2135 non-food items-shirts,fan gear,facepainters Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation,community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city. Parks & Recreation Facilities Development Corporation AGENDA ITEM NO. la. September 14, 2004 Issue Consider and Act Upon Approval of the FY05 4B Budget, authorizing expenditures for the FY05 Community Services Facilities Capital Improvement Plan. Background The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the cent sales tax for parks,recreation,and library projects. The Board of Directors of the Corporation are: Mayor John Monde Mayor Pro Tern Eric Hogue Councilmember J.C.Worley Councilmember Chris Trout Shirley Burnett—Library Board Member Dan Chesnut-Parks Board Member Ann Hiney—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Changes in State law during the 2003 Legislative Session made it so that 4B funds can no longer be used for Library purposes. Items that had been previously funded for the Library from 4B were shifted to the General Fund in FY2004. Proposed for FY2005 is the transfer of all Community Center expenditures to the General Fund. This is to allow a growth in fund balances for future capital expenditures. Proposed expenditures are for four personnel in the Parks Department. The proposed Park projects in Olde City Park constitute the Community Services Capital Facilities Improvement Plan for FY2005. Financial Considerations Attached is a draft summary of the 4B Revenue Fund from the FY04 Budget. The beginning fluid balance, coupled with the anticipated Sales Tax revenue for the coining budget year yields a total available resource of$1,540,500. Other Considerations The authority to levy the '/-cent sales tax is established in the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The Act required the creation of the Parks and Recreation Facilities Development Corporation which receives and manages the sales tax receipts. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Proposed 4B Sales Tax Revenue Fund Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 1. September 14, 2004 Issue Consider and Act Upon Approval of the FY05 4B Budget and the Community Services Facilities Capital Improvement Plan Background The Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the'/2 cent sales tax for parks,recreation, and library projects. The Board of Directors of the Corporation are: Mayor John Monde Mayor Pro Tern Eric Hogue Councilmember J.C.Worley Councilmember Chris Trout Shirley Burnett—Library Board Member Dan Chesnut-Parks Board Member Ann Hiney—Parks Board Member As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Changes in State law during the 2003 Legislative Session made it so that 4B funds can no longer be used for Library purposes. Items that had been previously funded for the Library from 4B were shifted to the General Fund in FY2004. Proposed for FY2005 is the transfer of all Community Center expenditures to the General Fund. This is to allow a growth in fund balances for future capital expenditures. Proposed expenditures are for four personnel in the Parks Department. The proposed Park projects in Olde City Park constitute the Community Services Capital Facilities Improvement Plan for FY2005. Financial Considerations Attached is a draft summary of the 4B Revenue Fund from the FY05 Budget. The beginning fund balance, coupled with the anticipated Sales Tax revenue for the coining budget year yields a total available resource of$1,540,500. Other Considerations The authority to levy the '/-cent sales tax is established in the Development Corporation Act of 1979, Article 5190.6, Section 4B, Vernon's Annotated Civil Statutes, as amended. The Act required the creation of the Parks and Recreation Facilities Development Corporation which receives and manages the sales tax receipts. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Proposed 4B Sales Tax Revenue Fund Prepared by Reviewed by Finance City Manager Approval From the JDeskof Carole EFcrCcly TRW City Secretaiy Office UViemo To: City of Wylie Parks&Recreation 4B Board Mayor John Mondy,Mayor Pro Tem Eric Hogue,Councilmember J.C.Worley,Councilmember Chris Trout,Library Board Member Shirley_ Burnett,Parks Board Member Anne Hiney and Parks Board Member Dan Chestnut. From: Carole Ehrlich TRMC CC: Date: March 7,2008 Re: Parks&Recreation Facilities Development Corporation FY05 Proposed 4B Sales Tax Revenue Fund and proposed expenditures for FY05. Board Members, Attached is the agenda for the September 14,2004 City Council Meeting in Which the Parks&Recreation Facilities Development Corporation(4B)will convene to review and approve the FY05 proposed budget and Community Services Facilities Capital Improvement Plan(FY05 expenditures). I have attached the proposed budget along with the agenda communication Which will detail the proposed Park projects for FY 05. If you need further assistance please feel free to call myself or Ron Hutchison in Finance and we will assist you in anyway we can. See you on September 14,2004 at 6:00 p.m.in the Council Chambers. Kind Regards, Carole Elulich,TRMC 1 WYLIE CITY COUNCIL AGENDA ITEM NO. 2. September 14, 2004 Issue Consider and act upon an ordinance of the City of Wylie, Texas adopting a budget and appropriating resources for Fiscal Year 2005, beginning October 1, 2004, and ending September 30, 2005. Background The tax rate for fiscal year 2004-2005 is proposed to decrease $0.01 per $100 assessed valuation from $0.705 to $0.695. This will be the fourth year in a row that the tax rate has decreased. The combined decrease for the four-year period is$0.03 per$100 assessed valuation. A rapid increase in our total assessed taxable valuation has made this decrease possible. Since fiscal year 2000, the taxable tax base has increased $852 million or 157.1%. For fiscal year 2004-2005, the total assessed value increased by $253,858,535. Of this amount $182,573,710 represented new construction. An increase in the assessed valuation in FY2004 in combination with a decrease in the tax rate will generate an additional$1,729,584 in ad valorem tax revenues. Because no general obligation debt was issued during FY2004 the tax revenues required for debt service will remain constant and the increased revenues will be credited to the General Fund. The original estimate of the General Fund Balance at the end of fiscal year 2004 was $1,810,830. After staff review, revenues at the end of fiscal year 2004 are now estimated to increase$1,003,900 over the original estimate to $12,436,000. Significant increases in fiscal year 2003-2004 revenues over the amended budget are estimated in Sales Taxes ($218,140), Franchise Fees ($269,000), Licenses and Permits($265,400), and Service Fees($237,700). Year-end expenditures are estimated to be $213,450 less than amended budget figures and are spread across the whole fund. As a result, the fiscal year 2004 ending fund balance in the General Fund is now estimated to be $3,374,830. The FY2005 budget was prepared to maintain the same level of fund balance as in prior years. Typically, the City attempts to maintain a fund balance that is 15% of total estimated expenditures. The budget process begins with departments preparing requests that include a base-line projection, which is basically a projection to continue the same level of service as the current year. Additionally, they project any expanded levels of service. The base-line request and the expanded levels of service are compared to the projected revenues and the fund balance requirement to develop a proposal for City Council consideration. The major increase in the General Fund for FY2005 is the addition of (19.4)Full Time Equivalent positions. The new positions include one Warrant Officer/Bailiff in the Municipal Court; one CID Detective and six Patrol Officers in the Police Department;one Emergency Medical Services Officer, one Administrative Clerk, and the conversion of 3 FTE part-time Firefighters to 3 full-time Firefighters; one Plans Examiner in Building Inspections; one Street Crewleader and two Maintenance Workers in the Street Department; one Parks Crewleader in the Parks Department; one Wylie Wave Program Leader and one Wylie Wave Assistant Site Supervisor in the Recreation Department. Current Wylie Wave staff and Management were relocated to the General Fund's Recreation Department from 4B. The Library added one Library Clerk and reduced 10 hours part-time. In the Utility Fund, fund balance (working capital) is budgeted to decrease $1,173,840 from the estimated ending fund balance of$3,273,960 for 2004. Three general areas have a major impact on this decrease. First, is the completion of the Muddy Creek Wastewater Treatment Plant. In prior years the City has made various payments for engineering, bond reserve funding, and debt service payments. Beginning in FY2005 we will become responsible for operational costs as well as continued debt service. Second, is the addition of the five additional positions detailed below. The third area is an additional $0.05/1,000 gallon increase in the price that we pay NTMWD for water purchases. The Utility Fund in FY2005 will be adding 5 new FTE positions. The new positions include one Utility Administration clerk in the Utilities-Administration department; one Water Utility Supervisor in Utilities-Water department; one Engineering Technician in Engineering; one Maintenance Worker II in Utilities-Sewer and one Utility Billing Clerk in Utility Billing. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. Financial Considerations For all budgeted funds, the projected totals for revenues and expenditures are $33,959,050 and $35,435,140, respectively. Projected expenditures will be$1,476,090 greater than budgeted revenues for all funds. The net$1,476,090 spending in excess of revenues is due to drawdowns in fund balance in the General and Utility Funds. The budgeted ending fund balance for the General Fund in FY2005 is $2,528,870. This amount equates to a reserve of 15.8% of budgeted expenditures or approximately 58 days of operating expenses. The budgeted ending fund balance (working capital) in the Utility Fund in FY 2005 is $2,033,120. This amount equates to about 83 days of operating expenses or 22.9% of budgeted expenditures on hand. Three items were changed from the proposed budget prepared for the public hearing on August 31, 2004. Two items have been rolled forward from FY2004 into FY2005 and one item was a correction. The two items rolled forward have no effect on ending fund balance. One item rolled forward ($3,000) is in the 4B Sales Tax Fund and is for street banners that were not purchased in FY2004. The other item rolled forward ($67,000) is in the Water and Sewer Fund and is for the completion of a sewer construction project. Again, neither of these items will change our previously projected ending balances in the two funds. The third item was to make our Transfers from Other Funds agree with our Transfers to Other Funds agree. Other Considerations Two action items will be placed on the September 14, 2004, City Council agenda. The first item will be an ordinance to adopt the FY2005 budget. An ordinance to adopt a tax rate of$0.695 per$100 of assessed valuation will be the second item. Attachments Exhibit A-All Funds Summary of the 2004-2005 Budget Budget Ordinance#2004-29 Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2005, BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2005; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 31, 2004, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures therein contained is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. That the proposed budget of the revenue of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2005. Section 2. That the sum of Thirty Five Million Four Hundred and Thirty-five Thousand, One Hundred and Forty Dollars ($35,435,140) is hereby appropriated out to the General, Wylie Economic Development Corporation, 4B Sales Tax Revenue, Emergency Communications, Fire Training Center, Park Acquisition & Improvement, General Obligation Debt Service, 4B Debt Service, Street Capital Project, Utility, Utility Construction and Fleet Replacement Funds for payment of Operating Expenses and Capital Outlay of the operation and administration of the City according to the various purposes and intents therein described. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance#2004-29 Approval of Budget 2004-2005 1 Section 4. Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 14th day of September, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The f1yIie News-September 22,2004 Ordinance#2004-29 Approval of Budget 2004-2005 2 ORDINANCE NO. 2004-30 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2005; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2005; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2005 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2004, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of$0.695 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: a) An ad valorem tax of and at the rate of$0.555908 on each $100 of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending Ordinance 2004-30 Approval of Tax Rate 2004/2005 1 September 30, 2005, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax of and at the rate of$0.139092 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, capital lease payments, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of said City of Wylie, Texas, for the fiscal year ending September 30, 2005. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. 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. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. 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 Ordinance 2004-30 Approval of Tax Rate 2004/2005 2 or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision 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, on this thel4th day of September, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The f1yIie News-September 22,2004 Ordinance 2004-30 Approval of Tax Rate 2004/2005 3 WYLIE CITY COUNCIL AGENDA ITEM NO. I September 14, 2004 Issue Consider and Act Upon an ordinance fixing the tax rate/levy for 2004 and for the fiscal year 2004-2005 Budget. The tax rate proposed is sixty-nine and one-half cents ($0.695) per $100 of assessed value. Background In accordance with the Truth-in-Taxation laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103% of the effective tax rate. The City Council is required to vote on the proposed tax rate and the City must publish the results of the roll call vote at least seven days prior to the scheduled public hearing. The results of the roll call vote were published in The McKinney Courier-Gazette on August 23, 2004 and The Wylie News on August 25, 2004, and a public hearing was held August 31, 2004. The proposed tax rate of$0.695 represents a one-cent decrease from the FY2004 rate. One cent of the proposed tax rate will generate approximately$139,500. The tax rate for maintenance and operations is $0.555908 per $100 of assessed valuation and the debt service rate is $0.139092. Financial Considerations This tax ordinance will generate new levies of$7,601,545 in the General Fund and $1,901,959 in the General Obligation Debt Service Fund. The revenue from the ad valorem taxes is the primary source of funding in the General Obligation Debt Service Fund and represents approximately 51%oftotal General Fund revenues. Other Considerations Article 7, Section 3(D),Failure to Adopt, of the City's Home Rule Charter states that if the City fails to adopt the budget by the twenty-seventh day of September, the tax rate adopted will be the same as the current fiscal year. The adopted Fiscal Year 2004-2005 budget requires the support of this ordinance. Staff Recommendation It is recommended that the City Council adopt the proposed 2004 Tax Rate and Levy Ordinance as submitted. Attachments Ordinance#2004-30 2004 Property Tax rates in City of Wylie as published in The Wylie News, August 4, 2004 Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 4. September 14, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture(A)District to Single Family Residential (SF-10/19) District. Subject property being all of a certain 14.7751 acre tract of land generally located east of Troy Road and north of County Line Road, being part of tract of land deeded to Ishmael Leon Whitsell and wife as recorded in Volume 44,Page 204 of the Deed Records of Rockwall County, Texas, and part of a tract conveyed Lola M. Kinser as recorded in Volume 40, Page 591 of the Deed Records of Rockwall County, and situated in the L.B. Outlaw Survey,Abstract No. 173, City of Wylie, Rockwall County, Texas. (Zoning Case No. 2004-15) Background The subject property was annexed into the City of Wylie on June 8, 2004, and was at that time zoned as Agriculture (A) District. Agriculture is applied as a "holding" classification to undeveloped properties only until such time as appropriate urban uses are determined for the land. The applicant earlier submitted a request for rezoning of the property, which would have created 4.8 acres of Neighborhood Service(NS)retail fronting Troy Road and 10 acres of Single Family lA(SF- 1A/26) Residential to its rear toward the east— although the applicant stated the intent to create 5 acre tracts rather than one acre lots. That request was withdrawn prior to consideration by the Planning and Zoning Commission. On July 27,the City Council denied a request by the applicant to waive the alleys that are required by the Subdivision Regulations. The intent was to develop larger lots for which, in the view of the applicant, alleys are not appropriate. The current request is to rezone the property to Single Family 10 Residential(SF-10/19)in order to divide the property into lots of at least 10,000 square feet. All future development will comply fully with the standard requirements of the current Zoning Ordinance and other applicable City of Wylie codes. Approval of preliminary and final plats will be required for each tract prior to the initiation of any development. When platted, the development must provide alleys as well as comply with all other requirements of the Zoning Ordinance. The subject property totals 14.776 acres, and is undeveloped forest and pasture lands. The property is part of a nearly twenty(20)acre tract under the same ownership. This larger tract is traversed by a major electric transmission line of the Garland Power and Light Company which is the corporate jurisdiction of the City of Garland. The remaining 5 acres to the southeast is within unincorporated Rockwall County and within the Extraterritorial Jurisdiction of the City of Rowlett, and abuts Lake Ray Hubbard which is owned and managed by the City of Dallas. The property to the west of the subject property across Troy Road is within the City of Wylie and is undeveloped but zoned for Multi-Family(MF)Residential uses. Properties abutting to the north of the subject property are within unincorporated Rockwall County, and are largely developed with single-family residences as the Sunrise Beach Estates subdivision with lots which range from 6,000 sq. ft. to 10,500 sq. ft. Properties to the south are undeveloped and within unincorporated Rockwall County. The applicant also owns the lake-fronting property to the east of the City of Garland power transmission corridor as well as the property to the south of the subject property, and is currently offering this area for sale as rural lots of 5 acres or larger in order to accommodate on-site septic sewerage. Public Comment Forms were mailed to two(2)property owners on the Municipal tax rolls and within 200 feet of this request as required by State law. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning application fee has been paid. Other Considerations 1. The currently-adopted Comprehensive Plan recommends that the entirety of the subject property be developed for low-density County Residential uses, with lots in excess of one acre each. The Planning and Zoning Commission is currently reevaluating the Comprehensive Plan, but has indicated general affirmation of these recommendations of current Land Use Plan. The requested SF-10/26 District does not conform to this recommendation of the Plan. However, the Comprehensive Plan is based on a Village Center philosophy, which recommends decreasing densities as distances increase from such retail Village Centers. The closest retail is both identified by the Plan and already zoned as NS on County Line Road approximately 1,500 feet from the subject property, and the philosophy of the Comprehensive Plan is to allow high- densities within this distance. Properties beyond that distance, such as the subject tract, are recommended as Suburban Residential uses with lots of 10,000 to 30,000 square feet, and Country Residential lots of an acre and larger are recommended for distances beyond 3,000 feet distance. The requested rezoning to 10,000 square feet lots does conform to the strict application of this philosophy. 2. If developed as recommended by the currently-adopted Comprehensive Plan, as Country Residential uses accommodating lots of at least an acre in size,the entire 14.8 acre property could accommodate no more than 14 residential lots. The 14.8 acres could yield as many as 44 lots of the proposed size of 10,000 square feet including 25%for streets(or a gross density of 3 lots per acre). 3. All developments within the City of Wylie must be connected to the City's sewerage system, and the entirety of the subject property can be connected to the public system. Properties outside of the City's jurisdiction may not be connected to City sewerage, so the remainder of the parent property outside of the City must be served by private on-site septic systems and must be of sufficient size to accommodate such systems. Rockwall County and the City of Rowlett have endorsed the use of septic tanks for this area, but lots must generally be at least one and three- fourths (1 3/4) acres to such on-site treatment. 4. The recent annexation of the subject property into the City of Wylie, and subsequent compliance with the City's development codes, provides a significant upgrading of the quality of residential construction as well as adequate sewerage, streets and other public services. The applicant could develop residential lots of one and three-fourths acre without annexation into the City but at a lower cost/quality by compliance with the lesser development codes of the County. The development as proposed could encourage the future annexation and improvement of the immediate area. However, some of the neighboring property is already divided and developed contrary to Wylie requirements, greatly limiting the capability for such collective actions as annexation and provision of central sewerage. 5. The proposed minimum lot size of 10,000 square feet is larger than the existing lots within the neighboring Sunrise Beach Estates Addition, which is located within unincorporated Rockwall County to the north. However,this area does not have access to public sewerage and in order to accommodate on-site septic systems,most of the houses within Sunrise Beach occupy as many as four lots combined. The closest subdivisions within the City of Wylie are the Redwood Mobile Home Park and the developing Pheasant Creek Addition, both of which have lots of 7,200 square feet. 6. The limited frontage which the property has along Troy Road (approximately 350 feet), its triangular configuration, the traversing power transmission corridor, and differing governmental jurisdictions, present constraints to the development of the subject property. The proposed subdivision into smaller lots better addresses these constraints, and allows it to be developed more efficiently. Board/Commission Recommendation At the August 17, 2004 meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of Zoning Case 2004-15. Staff Recommendation Denial. Although the request does conform to the general philosophy of the Comprehensive Plan as well as to development trends in the immediate vicinity, it does not comply with the specific recommendations of the Future Land Use Map to provide larger lots throughout the Exterritorial Jurisdiction. Attachments Ordinance Location Map Notification Map Notification List 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 2004-15, TO SINGLE-FAMILY 10/19 (SF-10/19) DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL USES; 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 Single-Family 10/19(SF-10/19)District, allowing for single- family residential uses, said property being described in Exhibit"A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 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 14th day of September, 2004. By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the Wylie News Exhibit "A" Zoning Case #2004-15 Legal Description Being a tract of land situated in the L.B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas, and being a portion of a tract of land conveyed to Ishmael Leon Whitsell and wife, as recorded in Volume 44, Page 204, Deed Records, Rockwall County, Texas, and the west portion of a called 40-acre tract of land conveyed to Lola M. Kinser, as recorded in Volume 40, Page 591, Deed Records, Rockwall County, Texas, and being more particularly described as follows: Beginning at a 3/8 inch iron rod found on the centerline of Troy Road, said point being the northwest corner of said Whitsell tract; Thence, along the north line of said tract, South 89 degrees 07 minutes 00 seconds East, a distance of 1,049.05 feet to a concrete monument found for corner; Thence, South 09 degrees 08 minutes 19 seconds East, a distance of 302.45 to a concrete monument found for corner; Thence, South 2ldegrees 13 minutes 20 seconds West, a distance of 99.95 feet to a concrete monument found for the northwest corner of a called 32.90 acre tract as conveyed to the City of Dallas, as recorded in Volume 65, Page 560, Deed Records, Rockwall County, Texas; Thence, along the west line of said City of Dallas tract, South 23 degrees 37 minutes 54 seconds West, a distance of 110.95 feet to a point for corner on the north line of a 100.00 foot easement to the City of Garland; Thence, along the north line, South 65 degrees 18 minutes 04 seconds West, a distance of 632.95 feet to a point for corner on the northeasterly line of a tract of land conveyed to A.A. Iliya, as recorded in Volume 67, Page 347, Deed Records, Rockwall County, Texas; Thence, along said northeasterly line, North 48 degrees 48 minutes 35 seconds West, a distance of 593.87 feet to a '/2 inch iron rod found on the centerline of the aforementioned Troy Road; Thence, along said centerline, North 00 degrees 50 minutes 41 seconds East, a distance of 383.02 feet to the Point of Beginning and containing 14.7751 acres of land. WYLIE CITY COUNCIL AGENDA ITEM NO. 5. September 14, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Neighborhood Services(NS)District to Community Retail (CR) District. Subject property being all of a certain 11.429 acre tract of land generally located east of Country Club Road (F.M. 1378) and north of West Brown Street (F.M. 3412), being part of tract of land deeded to Ronald J. Johnson as recorded in Volume 5142, Page 3171 of the Deed Records of Collin County, Texas, and all of a 0.50 acre tract conveyed Ronald J. Johnson as recorded in Volume 5180,Page 1067 of the Deed Records of Collin County, and situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County,Texas. (Zoning Case No. 2004-16) and ACCEPT THE WITHDRAWAL BY THE APPLICANT Background At the public hearing held by the Planning and Zoning Commission on August 17, 2004,the applicant requested that the proposed rezoning be withdrawn in order to allow time to conform the proposal more closely to the recommendations of staff and Commission. The applicant's letter of withdrawal is attached. Because the request for rezoning has been publicized and adjacent properties notified of the public hearing, the Council should convene the hearing to receive any citizen comments and accept the withdrawal. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation At the August 17, 2004 meeting, the Planning and Zoning Commission voted 6-0 to recommend acceptance of the withdrawal of Zoning Case 2004-16. Staff Recommendation Convene the public hearing and accept withdrawal Attachments Applicant's letter requesting withdrawal of the request. Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 6. September 14, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Agriculture (A) and Neighborhood Services(NS)Districts to Planned Development(PD)District for mixed uses including retail,multi- family and singly-family residential of varied types and densities. Subject property being all of a certain 214.18 acre tract of land generally located in the south corner of South Ballard Avenue (Sachse Road)and Pleasant Valley Road(C.R. 378), being part of a 118.67 acre tract of land deeded to Grove Farm, Ltd. as recorded in Volume 5317,Page 5455 of the Deed Records of Collin County, and Volume 2002250, Page 5070 of the Deed Records of Dallas County, and part of a 38.129 acre tract conveyed Joy Grove Bruner as recorded in Volume 555, Page 232 of the Deed Records of Collin County, and part of a 38.13 acre tract deeded to Joy Grove Bruner as recorded in Volume 3535, Page 292 of the Deed Records of Collin County and Volume 91100, page 1278 of the Deed Records of Dallas County, and situated in the Guadalupe De Santos Survey, Abstract No. 1384,City of Wylie, Collin and Dallas Counties, Texas. (Zoning Case No. 2004-17) Consider and act upon the Tabling of Zoning Case #2004-17 until the September 28th Council Meeting. Background The applicant has requested that consideration of the request be postponed until the September 28, 2004 City Council meeting. However, the request has already been published in the newspaper, notices have been mailed to adjacent property owners as required by State law and notification signs have been placed on the subject property. Several neighboring property owners have submitted response forms. Because of this notification, Council should convene the public hearing and table consideration until the September 28 meeting. Property owners within the notification area, as well as others within the vicinity who have submitted written comments, have been sent revised notices of the change in date, and new dates were published in the newspaper. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation At the August 17, 2004 meeting, the Planning and Zoning Commission voted 5-0 to recommend acceptance of tabling Zoning Case 2004-17 until the September 7, 2004 Planning and Zoning meeting and the September 28, 2004 City Council meeting. Staff Recommendation N/A Attachments Applicant's Letter Requesting Tabling Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 7. September 14, 2004 Issue Hold a Public Hearing and act upon a change in zoning from Business Center (BC) District to Business Center with a Special Use Permit (SUP) for warehouse and distribution use. Subject property located at 2803 Capital Street, being Lot 11,Block B of the Regency Business Park Phase II Addition, and situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. (Zoning Case No. 2004-18) Background The subject property was created in 1987 as Lot 11, Block B of the Regency Business Park Phase 2 Addition. The lot totals approximately 0.9 of an acre, and fronts 50 feet on the north side of Capital Street. An 8,000 square feet masonry building occupies the lot, having been developed in March of 2003 in conformance to a Site Plan approved by the Planning and Zoning Commission. The building is now vacant. The property is currently zoned Business Center(BC)District, having been rezoned from Industrial (I) with the adoption of the City-wide revision of the Zoning Ordinance and Map in November of 2001. The previous use was a Showroom/Warehouse for an electrical fixtures company, which is allowed by right in both the previous Industrial and the current Business Center zoning. The applicant desires to use the facility for the warehousing and distribution of construction materials. Warehousing and distribution was allowed by right under the previous Industrial zoning, but is allowed within the Business Center District only by an approved Specific Use Permit. Public Comment Forms were mailed to twelve(12)property owners within 200 feet ofthis request as required by State law. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning application fee has been paid. Other Considerations 1. The currently-adopted Comprehensive Plan recommends that the subject property be developed for medium-density Suburban Residential uses, with single-family lots of between 10,000 and 30,000 square feet. The requested light industrial use does not conform with this recommendations of the Plan. However, the subject area was developed as a business park and remains zoned for such nonresidential uses, and residential development as recommended by the Plan is not likely to occur. The Planning and Zoning Commission is currently reevaluating the Comprehensive Plan, and has indicated support for some commercial classification similar to the current nonresidential zoning rather than to the recommended residential of the Plan. 2. The request Specific Use Permit provides no special Conditions other than the standard regulations of the current Zoning Ordinance, but these are considered sufficient without additional conditions to ensure that the proposed use is compatible with current and future neighboring uses. Like other zoning classifications the SUP will run with the land,rather than the use or applicant, and all future occupants must abide fully with code requirements. 3. The existing structure and site improvements were constructed in 2003, in full compliance with the current development requirements of the Zoning Ordinance. The proposed use requires less parking than the previous use and site provides more than the required parking. The proposed use has no outside storage of materials. Board/Commission Recommendation At the August 17, 2004 meeting, the Planning and Zoning Commission voted 6-0 to recommend approval of Zoning Case 2004-18. Staff Recommendation Approval Attachments Ordinance Location Map Notification Map Notification List 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 2004-18, TO BUSINESS CENTER(BC) DISTRICT WITH A SPECIAL USE PERMIT (SUP) ALLOWING FOR WAREHOUSE AND DISTRIBUTION USES; 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 Business Center (BC) District with a Special Use Permit (SUP) allowing for warehouse and distribution uses, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 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 14th day of September, 2004. By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the Wylie News Exhibit "A" Legal Description Zoning Case #2004-18 Being a tract of land at 2803 Capital Street, being Lot 11, Block B of the Regency Business Park Phase II Addition, and situated in the William Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. ORDINANCE NO. 2004-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,DESIGNATING ONE- WAY STREETS IN SCHOOL TRAFFIC ZONES AND REQUIRING VEHICLES ON SAID STREETS TO MOVE IN ONE DIRECTION DURING SPECIFIED TIMES; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas("City Council")has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie")to designate one-way streets in school traffic zones and require vehicles on said streets to move in one direction during specified times; and WHEREAS, the City Council further finds that in accordance with §542.202, Transportation Code, it is a reasonable exercise of its police power to designate one-way streets in school traffic zones and require vehicles on said streets to move in one direction during specified times as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DESIGNATION OF ONE-WAY STREETS IN SCHOOL ZONES. Wylie hereby designates the following streets, located in school traffic zones, as one-way streets, and all vehicles shall, on school days, move in one direction during the times specified below: a. On Springwood Lane from the point of its intersection with W. A. Allen Boulevard in a westerly direction to its intersection with Lanwood Drive, between the hours of 2:15 p.m. and 3:15 p.m. b. On Lanwood Drive from the point of its intersection with Springwood Lane in a southerly direction to the point of its intersection with Heatherwood Lane, between the hours of 2:15 p.m. and 3:15 p.m. It shall be unlawful for any person to operate or drive, on school days during the times described above, any vehicle on the aforementioned streets in a direction other than as allowed above. SECTION 3: PLACEMENT OF SIGNS. The City Manager, or his/her designated representative,is hereby authorized and directed to cause the placement of signs on the streets designated herein as one-way, indicating the direction and times during which said streets shall be one-way. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The signs shall be permanently affixed to a stationery post or installed on permanent buildings or walls Ordinance#2004-27 ORDINANCE DESIGNATING ONE-WAY STREETS IN SCHOOL ZONES Page 1 or as approved by the City Manager or his/her designated representative. The signs shall in no way be obstructed from view, and shall comply with applicable state laws. SECTION 4: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14th day of September, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary Date of publication in The 1Iylie'Vews-September 22_2004 Ordinance#2004-27 ORDINANCE DESIGNATING ONE-WAY STREETS IN SCHOOL ZONES Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 8. September 14, 2004 Issue Consider and act upon a bid for two rescue hovercraft for the Wylie Fire Department. Background The fiscal 2004 operating budget for the Fire Department included funding for a Fire Prevention Inspector's vehicle and a mobile breathing air system. The department obtained TEEX grants to cover the cost of both of these items, thereby freeing up the budgeted funds for other purposes. The Fire Department has been authorized to use those available funds to purchase two hovercrafts for swift water rescue operations. Competitive sealed bids have been solicited and the following bids were received. Neoteric Hovercraft $44,473.00 West Coast Hovercraft $37,610.00 Although it is the low bid, the unit offered by West Coast Hovercraft does not meet the City's specifications. The equipment has been evaluated by the Fire Department and the following deficiencies were noted: (1) unit is not capable of backing up, (2)is not capable of stationary hover requirement, (3)does not provide the specified range of travel, (4) has dual fans instead of single fan, (5) exceeds physical height requirement, (6) lacks specified cockpit drainage feature, (7) lacks specified dual battery system Financial Considerations The total budget allocation for the vehicle and breathing air system was$63,430. Because delivery is likely to be after October 1, it may be necessary to carry the funds over into the fiscal 2005 budget. Other Considerations Competitive sealed bids were solicited for this procurement in accordance with Chapter 252 of the Texas Local Government Code. Staff Recommendation Staff recommends that Council award a contract in the amount of$44,473.00 to Neoteric,Inc.for the purchase of two rescue hovercraft. Prepared by Reviewed by Finance City Manager Approval