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12-15-1998 (City Council) Minutes MINUTES Wylie City Council Tuesday, December 15, 1998 - 5:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, December 15, 1998 at 5:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director and Barbara Salinas,City Secretary. Invocation The invocation was given by Reverend Todd Nivens, Shiloh Baptist Church. Citizens Participation Mr.Gary Bowland,owner Ballard Street Cafe Mr.Bowland expressed his appreciation for the job well done by the Wylie Fire Department with regard to the downtown fires on Wednesday evening and Thursday morning. He also expressed concerns for the modification of building codes for historic preservation purposes. Mr. Conrad Boyer, 1819 Blake Drive,Richardson,Texas. Mr. Boyer spoke in opposition to the annexation of his property,Item No. 2 on the this evenings agenda. Mr.Charles Janish,Owner,Janish Inc. Mr.Janish restated his opposition to annexation of his property,Item No. 14,on this evenings agenda. He also expressed concerns regarding vandalism that has had no response from law enforcement agencies, including Wylie Police Department. Consent Agenda A. Approval of the Minutes from the Regular Meeting of October 27 and November 10, 1998 and the Joint Meeting of November 17, 1998. Councilman Scott made a motion to approve Consent Agenda Item A. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously,7-0. Items for Individual Consideration Approval of Ordinances 1. Consider and Act Upon Approval of an Ordinance Annexing property owned by Keith Anderson,containing 2.33 Acres,being out of the James Truett Survey,Abstract No.920, City of Wylie,Collin County,Texas,and being part of that tract as recorded in Volume 158,Page 457,Deed Records,Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 1 Councilman Scott made a motion to decline annexation of the property owned by Keith Anderson,containing 2.33 Acres,being out of the James Truett Survey,Abstract No. 920,City of Wylie,Collin County,Texas, and being part of that tract as recorded in Volume 158,Page 457,Deed Records,Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. 2. Consider and Act Upon Approval of an Ordinance Annexing property owned by Conrad E.Boyer,containing 1.717 Acres out of the L.K.Pegues Survey,Abstract No. 703,being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715,Page 708 of the Deed Records of Collin County,Texas. Councilman Scott made a motion to accept the annexation of the property owned by Conrad E. Boyer, containing 1.717 Acres out of the L.K. Pegues Survey, Abstract No. 703,being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715,Page 708 of the Deed Records of Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0 ORDINANCE NO. 98-30 AN ORDINANCE ANNEXING A 1.717 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE L.K.PEGUES SURVEY, ABSTRACT NO.703,BEING A PORTION OF A FIVE ACRE PARCEL OF LAND DESCRIBED AND CONVEYED BY DEED RECORDED IN VOLUME 715,PAGE 708 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 3. Consider and Act Upon Approval of an Ordinance Annexing property owned by Charles Bunting,containing 1.50 Acres,situated in the Francisco de la Pina Survey,Abstract 688, Collin County,Texas Councilman Scott made a motion to decline annexation of the property owned by Charles Bunting,containing 1.50 Acres,situated in the Francisco de la Pina Survey,Abstract 688,Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. 4. Consider and Act Upon Approval of an Ordinance Annexing property owned by Mark Clayton, containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688, Collin County,Texas and being out of a 43.24 acre tract of land conveyed to C.Truett Smith,et al, by Jack Parr,et ux, as recorded in Volume 484,page 121 of the Deed Records of Collin County,Texas. Councilwoman Allen made a motion to decline annexation of the property owned by Mark Clayton,containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No.688,Collin County,Texas and being out of a 43.24 acre tract of land conveyed to C. Truett Smith,et al,by Jack Parr,et ux, as recorded in Volume 484,page 121 of the Deed Records of Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. 5. Consider and Act Upon Approval of an Ordinance Annexing property owned by C. Connelly, containing 5.0 Acres,out of the W.D.Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C.L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268,Deed Records of Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 2 Councilwoman Allen made a motion to decline annexation of the property owned by C. Connelly,containing 5.0 Acres,out of the W.D.Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed,6-1. Councilman Trout voted in opposition. 6. Consider and Act Upon Approval of an Ordinance Annexing of property owned by Benny Coomer,containing 1.57 Acres,out of the Henry L.Douglas Survey,Abstract No. 292,about 2 '/Z miles South of Wylie,and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs. Rose Rogers Coleman,recorded in Vol.214,Page 602,Deed Records of Collin County,Texas,said 108.5 acres being the same land described in a deed from M.J.P. Haymas to George Rogers by deed dated April 6, 1874,and recorded in Vol.W,Page 956,Deed Records of Collin County,Texas. Councilman Scott made a motion to decline annexation of the property owned by Benny Coomer,containing 1.57 Acres,out of the Henry L.Douglas Survey,Abstract No. 292, about 2 1/2 miles South of Wylie, and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs. Rose Rogers Coleman,recorded in Vol.214,Page 602, Deed Records of Collin County, Texas,said 108.5 acres being the same land described in a deed from M. J. P. Haymas to George Rogers by deed dated April 6, 1874,and recorded in Vol. W,Page 956,Deed Records of Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. 7. Consider and Act Upon Approval of an Ordinance Annexing property owned by Antonio Curcio, containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstract No.688 and being part of a 43.24 acre tract conveyed to C.Truett Smith recorded in Volume 484,Page 121,Deed Records of Collin County,Texas. Councilwoman Allen made a motion to decline annexation of the property owned by Antonio Curcio,containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstract No. 688 and being part of a 43.24 acre tract conveyed to C. Truett Smith recorded in Volume 484, Page 121, Deed Records of Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. 8. Consider and Act Upon Approval of an Ordinance Annexing property owned by Danny Justus, containing 1.16 Acres, out of the William Sutton Survey, Abstract No. 860 and the Henry L. Douglas Survey,Abstract No.292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County,Texas. Councilwoman Allen made a motion to decline annexation of the property owned by Danny Justus,containing 1.16 Acres,out of the William Sutton Survey,Abstract No. 860 and the Henry L. Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County,Texas. Councilman Ramsey seconded the motion. A vote was taken and the motion passed, 5-2. Councilman Trout and Mayor Mondy voting in opposition. 9. Consider and Act Upon Approval of an Ordinance Annexing property owned by William Downs, containing 2.857 Acres,out of the W.D.Penny Survey,Abstract No.696,Collin County,Texas; and being part of a certain 25.679 acre tract as described in deed to L.D. Pearce recorded in Volume 496,Page 268,Deed Records,Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 3 Councilman Scott made a motion to decline annexation of the property owned by William Downs, containing 2.857 Acres,out of the W.D.Penny Survey,Abstract No. 696,Collin County, Texas; and being part of a certain- -25.679 acre tract as described in deed to L. D. Pearce recorded in Volume 496,Page 268,Deed Records, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion failed, 3-4. Councilman Young,Worley, Trout and Mayor Mondy voting in opposition. ORDINANCE NO. 98-31 AN ORDINANCE ANNEXING A 2.857 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE W.D.PENNY SURVEY,ABSTRACT NO.696,COLLIN COUNTY,TEXAS;AND BEING PART OF A CERTAIN 25.679 ACRE TRACT AS DESCRIBED IN DEED TO L.D.PEARCE RECORDED IN VOLUME 496,PAGE 268,DEED RECORDS,COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FORA VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Councilman Trout made a motion to accept annexation of the property owned by William Downs, containing 2.857 Acres,out of the W.D.Penny Survey,Abstract No. 696, Collin County, Texas; and being part of a certain 25.679 acre tract as described in deed to L. D. Pearce recorded in Volume 496,Page 268,Deed Records,Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-2. Councilman Scott and Councilwoman Allen voted in opposition. 10. Consider and Act Upon Approval of an Ordinance Annexing property owned by William Downs, containing 1.871 Acres,being a part of a 6 acre tract out of the W.D.Penny Survey,Abstract No. 696, conveyed to Ray Price and wife, Pauline Price, by Ray Tiller, a single man, and Mary L. Tiller, a single woman, by Deed recorded in Volume 817, Page 596, Deed Records of Collin County,Texas. Councilman Trout made a motion to accept annexation of property owned by William Downs,containing 1.871 Acres,being a part of a 6 acre tract out of the W.D. Penny Survey,Abstract No. 696,conveyed to Ray Price and wife,Pauline Price,by Ray Tiller,a single man,and Mary L.Tiller,a single woman,by Deed recorded in Volume 817,Page 596, Deed Records of Collin County,Texas. Councilman Young seconded the motion. A vote was taken and the motion passed,5-2. Councilman Scott and Councilwoman Allen voted in opposition. ORDINANCE NO. 98-32 AN ORDINANCE ANNEXING A 1.871 ACRE TRACT OF LAND,MORE OR LESS,BEING ALL THAT TRACT OF LAND SITUATED IN COLLIN COUNTY,TEXAS,BEING A PART OF A 6 ACRE TRACT OUT OF THE W.D.PENNY SURVEY, ABSTRACT NO.696,CONVEYED TO RAY PRICE AND WIFE,PAULINE PRICE,BY RAY TILLER,A SINGLE MAN, AND MARY L.TILLER,A SINGLE WOMAN,BY DEED RECORDED IN VOLUME 817,PAGE 596,DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A; PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 11. Consider and Act Upon Approval of an Ordinance Annexing property owned by Jesus Espinoza, containing 5.0 Acres, out of the W. D. Penny Survey,Abstract No.696,and being a part of the 25.679 acre tract conveyed to L.D.Pearce et al by C.L.Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 4 Councilman Trout made a motion to accept annexation of the property owned by Jesus Espinoza,containing 5.0 Acres,out of the W. D. Penny Survey,Abstract No. 696,and being a part of the 25.679 acre tract conveyed to- -L.D.Pearce et al by C.L.Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed,5-2. Councilman Scott and Councilwoman Allen voted in opposition. ORDINANCE NO. 98-33 AN ORDINANCE ANNEXING A 5.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE W. D. PENNY SURVEY,ABSTRACT NO.696,AND BEING A PART OF THE 25.679 ACRE TRACT CONVEYED TO L.D.PEARCE ET AL BY C.L.HORTON ET UX BY DEED DATED MARCH 1,1955,OF RECORD IN VOLUME 496,PAGE 268,DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 12. Consider and Act Upon Approval of an Ordinance Annexing property owned by Diane E. Getty, containing 1.413 Acres,out of the James Truett Survey,Abstract No.920,being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County,Texas. Councilman Scott made a motion to decline annexation of property owned by Diane E. Getty,containing 1.413 Acres,out of the James Truett Survey,Abstract No. 920,being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-2. Councilman Trout and Ramsey voted in opposition. 13. Consider and Act Upon Approval of an Ordinance Annexing property owned by Don Hoeft, containing 1.414 Acres, being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G. C. Kreymer, Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. Councilman Scott made a motion to decline annexation of the property owned by Don Hoeft,containing 1.414 Acres,being a part of a 6.327 acre tract out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer by G. C. Kreymer,Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,5-2. Councilman Trout and Ramsey voted in opposition. 14. Consider and Act Upon Approval of an Ordinance Annexing property owned by Janish, Inc., containing 2.5971 Acres,out of the James Truett Survey,Abstract No.920 situated in the City of Wylie, Collin County,Texas and being that same property described in substitute trustee's deed executed by Mark S.Houser recorded in Volume 3851,Page 148 of the Deed Records of Collin County,Texas,and also being a part of Kinsington Manor Estates Section Three,Section Four and Section Five,additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568, Cabinet C,Page 571 and Cabinet C,page 570,respectively,of the Plat Records of Collin County, Texas. Wylie City Council Minutes December 15,1998 Page 5 Councilwoman Allen made a motion to decline annexation of the property owned by Janish, Inc., containing 2.5971 Acres, out of the James Truett Survey,Abstract No. 920 situated in the City of Wylie, Collin County, Texas and being that same property described in substitute trustee's deed executed by Mark S. Houser recorded- -in Volume 3851,Page 148 of the Deed Records of Collin County, Texas, and also being a part of Kinsington Manor Estates Section Three, Section Four and Section Five, additions to the City of Wylie, Texas as recorded in Cabinet C,Page 568,Cabinet C,Page 571 and Cabinet C,page 570,respectively,of the Plat Records of Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed, 5-2. Councilman Trout and Young voted in opposition. 15. Consider and Act Upon Approval of an Ordinance Annexing property owned by Charles Kerin, containing 4.453 Acres, out of the W. D. Penny Survey,Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer,et ux as recorded in Volume 618,Page 312,Deed Records,Collin County,Texas. Councilman Trout made a motion to accept annexation of property owned by Charles Kerin,containing 4.453 Acres,out of the W.D.Penny Survey,Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer,et ux as recorded in Volume 618,Page 312,Deed Records,Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion passed,5-2. Councilman Scott and Councilwoman Allen voted in opposition. ORDINANCE NO.98-34 AN ORDINANCE ANNEXING A 4.453 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE W.D.PENNY SURVEY,ABSTRACT NO.696 AND BEING PART OF A CALLED 5.0 ACRE TRACT CONVEYED TO JOHN COOMER, ET UX AS RECORDED IN VOLUME 618,PAGE 312,DEED RECORDS,COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 16. Consider and Act Upon Approval of an Ordinance Annexing property owned by Kreymer Investments,Ltd.,containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No.920,conveyed to Orville Kreymer,et al,by Media Kreymer, a widow,by deed recorded in Volume 645,Page 627 of the Deed Records of Collin County,Texas. Councilwoman Allen made a motion to accept annexation of property owned by Kreymer Investments, Ltd.. containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer,et al,by Media Kreymer, a widow,by deed recorded in Volume 645, Page 627 of the Deed Records of Collin County,Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO. 98-35 AN ORDINANCE ANNEXING A 5.571 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF ORIGINAL 30 AND 12 ACRE TRACTS OUT OF THE JAMES TRUETT SURVEY, ABSTRACT NO.920,CONVEYED TO ORVILLE KREYMER,ET AL,BY MEDIA KREYMER,A WIDOW,BY DEED RECORDED IN VOLUME 645,PAGE 627 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Wylie City Council Minutes December 15,1998 Page 6 17. Consider and Act Upon Approval of an Ordinance Annexing property owned by Vicki S.Monson, containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey, Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Councilman Trout made a motion to accept annexation of the property owned by Vicki S. Monson,containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No. 266, Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-1. Mayor Mondy voted in opposition. ORDINANCE NO. 98-36 AN ORDINANCE ANNEXING A 0.197 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN COLLIN COUNTY, TEXAS,BEING A PART OF A 2.573 TRACT OUT OF THE E.C.DAVIDSON SURVEY,ABSTRACT NO.266,CONVEYED TO ROBERT LEAMON REYNOLDS BY JICK HOUSEWRIGHT AND EARL PARSONS BY DEED RECORDED IN VOLUME 573,PAGE 533 OF DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AM)ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 18. Consider and Act Upon Approval of an Ordinance Annexing property owned by Vicki S. Monson, containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey, Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Councilwoman Allen made a motion to approve annexation of the property owned by Vicki S. Monson, containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey, Abstract No. 266, Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573. Page 533 of the Deed Records of Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. ORDINANCE NO. 98-37 AN ORDINANCE ANNEXING A 0.483 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN COLLIN COUNTY, TEXAS, BEING PART OF A 2.573 ACRE TRACT OUT OF THE E.C. DAVIDSON SURVEY, ABSTRACT NO. 266, CONVEYED TO ROBERT LEAMON REYNOLDS BY JICK HOUSEWRIGHT AND EARL PARSONS BY DEED RECORDED IN VOLUME 573,PAGE 533 OF DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 19. Consider and Act Upon Approval of an Ordinance Annexing property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L.Douglas Survey,Abstract No. 292 and the William Sutton Survey,Abstract No.860,Collin County,Texas,and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance,Coy Watkins and Thomas Chambers by David L.Goforth by Deed filed March 10, 1969,Deed Records of Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 7 Councilman Scott made a motion to decline annexation of the property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and the William Sutton Survey,Abstract No. 860,Collin County,Texas, and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance,Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969,Deed Records of Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 20. Consider and Act Upon Approval of an Ordinance Annexing property owned by Norma Motsenbocker, containing 3.93 Acres, out of the Henry L. Douglas Survey, Abstract No. 292, about 21/4 miles South of the Town of Wylie,Texas,and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959,By Addison G. Wilson,Jr.,said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214, Page 602,Deed Records of Collin County,Texas. Councilman Scott made a motion to decline annexation of the property owned by Norma Motsenbocker, containing 3.93 Acres,out of the Henry L.Douglas Survey,Abstract No.292,about 2 '/z miles South of the Town of Wylie,Texas, and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959, By Addison G.Wilson,Jr.,said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214,Page 602,Deed Records of Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. 21. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas, containing 7.32 Acres, located on Old Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of the Henry L.Douglas Survey,Abstract No.292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County,Texas. Councilman Scott made a motion to decline annexation of the property owned by Peter Nicklas,containing 7.32 Acres,located on Old Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of the Henry L. Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,4-3. Councilman Young,Trout and Mayor Mondy voted in opposition. 22. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas, containing 3.590 Acres, out of the Henry L. Douglas Survey, Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll, et ux, as recorded in Volume 1184, Page 893, Deed Records of Collin County,Texas. Councilman Scott made a motion to decline annexation of the property owned by Peter Nicklas,containing 3.590 Acres,out of the Henry L. Douglas Survey,Abstract No. 262,and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll,et ux, as recorded in Volume 1184,Page 893,Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,4-3. Councilman Young,Trout and Mayor Mondy voted in opposition. 23. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas, containing 2.7624 Acres,out of the Henry L.Douglas Survey,Abstract No.262,and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W.Housewright as recorded in Volume 773,Page 291,Deed Records of Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 8 Councilwoman Allen made a motion to decline annexation of the property owned by Peter Nicklas,containing 2.7624 Acres,out of the Henry L.Douglas Survey,Abstract No. 262,and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W. Housewright as recorded in Volume 773, Page 291, Deed Records of Collin County, Texas. Councilman Scott seconded the motion. A vote was- taken and the motion passed,4-3. Councilman Young,Trout and Mayor Mondy voted in opposition. 24. Consider and Act Upon Approval of an Ordinance Annexing property owned by Robert E.Nolan, containing 0.681 Acres out of the E.C.Davidson Survey,Abstract No.266,conveyed to L.W. Self and wife,Glenda O.Self by R.H.Wilson and wife,Grace L.Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records,and being a part of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamon Reynolds and wife,Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. Councilwoman Allen made a motion to accept annexation of the property owned by Robert E.Nolan,containing 0.681 Acres out of the E.C.Davidson Survey,Abstract No. 266,conveyed to L.W. Self and wife, Glenda 0. Self by RH.Wilson and wife,Grace L.Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records,and being a part of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamon Reynolds and wife,Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO. 98-38 AN ORDINANCE ANNEXING A 0.681 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE E.C.DAVIDSON SURVEY,ABSTRACT NO.266,BEING A TRACT OF LAND CONVEYED TO L.W.SELF AND WIFE,GLENDA O.SELF BY R.H. WILSON AND WIFE, GRACE L. WILSON BY DEED RECORDED IN VOLUME 793, PAGE 514 OF THE COLLIN COUNTY DEED RECORDS,AND BEING A PART OF A 2.573 ACRE TRACT CONVEYED TO L.W.SELF AND WWE,BY ROBERT LEAMON REYNOLDS AND WIFE,LETA REYNOLDS BY DEED RECORDED IN VOLUME 803, PAGE 181 OF THE COLLIN COUNTY DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 25. Consider and Act Upon Approval of an Ordinance Annexing property owned by North Texas Municipal Water District, containing 7.94 Acres, out of Francisco de la Pina Survey, Abstract 688, Collin County,Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners, by order of probate Court,December 29, 1923, and recorded in Volume 249, page 346,Deed Records of Collin County,Texas. Councilman Scott made a motion to accept annexation of the property owned by North Texas Municipal Water District, containing 7.94 Acres,out of Francisco de la Pina Survey, Abstract 688, Collin County, Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners, by order of probate Court, December 29, 1923, and recorded in Volume 249, page 346, Deed Records of Collin County, Texas. Councilwoman Allen seconded. A vote was taken and the motion passed,7-0. ORDINANCE NO. 98-39 AN ORDINANCE ANNEXING A 7.94 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE FRANCISCO DE LA PINA SURVEY,ABSTRACT 688,COLLIN COUNTY,TEXAS.AND BEING OUT OF A 47.5 ACRE TRACT OF LAND DESCRIBED IN A REPORT OF COMMISSIONERS,BY ORDER OF PROBATE COURT,DECEMBER 29, 1923,AND RECORDED IN VOLUME 249,PAGE 346,DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES Wylie City Council Minutes December 15,1998 Page 9 NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSWE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 26. Consider and Act Upon Approval of an Ordinance Annexing property owned by North Texas Municipal Water District, containing 32.078 Acres, being out of Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L. Creel and evidenced by Order on Report of Commissioners recorded in Volume 249, Page 346 ofthe Deed Records of Collin County, Texas. Councilman Trout made a motion to accept annexation of the property owned by North Texas Municipal Water District, containing 32.078 Acres, being out of Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L. Creel and evidenced by Order on Report of Commissioners recorded in Volume 249, Page 346 of the Deed Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO. 98-40 AN ORDINANCE ANNEXING A 32.078 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 47.5 ACRE TRACT AS CONVEYED TO LEONARD L CREEL AND EVIDENCED BY ORDER ON REPORT OF COMMISSIONERS RECORDED IN VOLUME 249, PAGE 346 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABIT ANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FORA VIOLATION OFTIDS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 27. Consider and Act Upon Approval of an Ordinance Annexing property owned by O. V. Justus, containing 1.003 Acres, out ofthe Henry L. Douglas Survey, Abstract No. 292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County, Texas. Councilman Scott made amotion to decline annexation of the property owned by O. V. Justus, containing 1.003 Acres, out of the Henry L. Douglas Survey, Abstract No. 292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-2. Councilman Trout and Mayor Mondy voted in opposition. 28. Consider and Act Upon Approval of an Ordinance Annexing property owned by Kenneth Putman, containing 3.459 Acres, being a part of an original 12 acre first tract out of the James Truett Survey, Abstract No. 920 conveyed to Orville Kreymer, et ai, by Media Kreymer, a widow, by deed recorded in Volume 645, Page 627, ofthe Deed Records of Collin County, Texas. Councilwoman Allen made a motion to accept annexation of the property owned by Kenneth Putman, containing 3.459 Acres, being a part of an original 12 acre first tract out of the James Truett Survey, Abstract No. 920 conveyed to Orville Kreymer, et al, by Media Kreymer, a widow, by deed recorded in Volume 645, Page 627, of the Deed Records of Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed 6-1. Mayor Mondy voted in opposition. Wylie City Council Minutes December 15, 1998 Page 10 ORDINANCE NO. 98-41 AN ORDINANCE ANNEXING A 3.459 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF AN ORIGINAL 12 ACRE FIRST TRACT OUT OF THE JAMES TRUETT SURVEY, ABSTRACT NO.920 CONVEYED TO ORVILLE KREYMER,ET AL,BY MEDIA KREYMER,A WIDOW,BY DEED RECORDED IN VOLUME 645,PAGE 627,OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 29. Consider and Act Upon Approval of an Ordinance Annexing property owned by Ivan W. Stewart,containing 1.0 Acre,being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G.C. Kreymer, Archie Kreymer, Clifton Kreymer,and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. Councilman Scott made a motion to decline annexation of the property owned by Ivan W. Stewart,containing 1.0 Acre,being a part of a 6.327 acre tract out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer by G.C. Kreymer,Archie Kreymer,Clifton Kreymer, and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-2. Councilman Trout and Young voted in opposition. 30. Consider and Act Upon Approval of an Ordinance Annexing property owned by Melvin St.John, containing 28.333 Acres,being part of a called 58 acre tract out of the Henry L.Douglas Survey, Abstract No.292 and the William Sutton Survey,Abstract No.860,conveyed to W. O.Houston and John D. Houston by G. H. Drewery and recorded in Volume 339, Page 436 of the Deed Records of Collin County,Texas. Councilman Ramsey made a motion to accept annexation of the owned by Melvin St. John, containing 28.333 Acres,being part of a called 58 acre tract out of the Henry L. Douglas Survey,Abstract No. 292 and the William Sutton Survey, Abstract No. 860, conveyed to W. O. Houston and John D. Houston by G. H. Drewery and recorded in Volume 339,Page 436 of the Deed Records of Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed,6-1. Councilman Scott voted in opposition. ORDINANCE NO. 98-42 AN ORDINANCE ANNEXING A 28.333 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN COLLIN COUNTY, TEXAS, BEING PART OF A CALLED 58 ACRE TRACT OUT OF THE HENRY L.DOUGLAS SURVEY,ABSTRACT NO.292 AND THE WILLIAM SUTTON SURVEY,ABSTRACT NO.860,CONVEYED TO W.O.HOUSTON AND JOHN D. HOUSTON BY G. H. DREWERY AND RECORDED IN VOLUME 339,PAGE 436 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A; PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 31. Consider and Act Upon Approval of an Ordinance Annexing property owned by Choya Tapp, containing 3.491 Acres, out of the Henry L.Douglas Survey,Abstract No. 292 and the William Sutton Survey, Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L.Bass and wife,Helen R.Bass to William E.Butler and wife, Charlene L.Butler,as recorded in Volume 855,Page 745,Deed Records of Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 11 Councilman Trout made a motion to decline annexation of the property owned by Choya Tapp,containing 3.491 Acres,out of the Henry L.Douglas Survey,Abstract No. 292 and the William Sutton Survey,Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L. Bass and wife, Helen R. Bass to William E. Butler and wife,Charlene L. Butler, as recorded in Volume 855,Page 745, Deed Records of Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. 32. Consider and Act Upon Approval of an Ordinance Annexing property owned by Thomas Brown, containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No.696,and being a part of a 25.679 acre tract conveyed by C.I.Norton and Lyda P.Norton to L.D.Pearce,L. G. Pearce and F.W.Pearce,as recorded in Volume 496,page 268,of the Deed Records of Collin County,Texas. Councilman Trout made a motion to accept annexation of the property owned by Thomas Brown, containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No. 696, and being a part of a 25.679 acre tract conveyed by C.I.Norton and Lyda P. Norton to L. D. Pearce,L. G. Pearce and F. W. Pearce, as recorded in Volume 496, page 268,of the Deed Records of Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion passed,5-2. Councilman Scott and Councilwoman Allen voted in opposition. ORDINANCE NO. 98-43 AN ORDINANCE ANNEXING A 4.859 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE W.D.PENNY SURVEY,ABSTRACT NO.696,AND BEING A PART OF A 25.679 ACRE TRACT CONVEYED BY C.I.NORTON AND LYDA P.NORTON TO L.D.PEARCE,L.G.PEARCE AND F.W.PEARCE,AS RECORDED IN VOLUME 496,PAGE 268, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 33. Consider and Act Upon Approval of an Ordinance Annexing property owned by Garry White, containing 1.089 Acres,out of the I.&G.N.Railroad Company Survey,Abstract No. 1059,Collin County,Texas,and also being part of a 4.00 acre tract as conveyed to Glen E. Pockrus and wife, Joyce Pockrus, recorded in Volume 1293,Page 84,Deed Records,Collin County,Texas. Councilwoman Allen made a motion to decline annexation of the property owned by Garry White,containing 1.089 Acres,out of the I.&G.N.Railroad Company Survey,Abstract No. 1059, Collin County,Texas, and also being part of a 4.00 acre tract as conveyed to Glen E.Pockrus and wife,Joyce Pockrus,recorded in Volume 1293, Page 84,Deed Records, Collin County,Texas. Councilman Scott seconded the motion. A vote was taken and the motion failed,4-3. Councilman Trout,Young,Worley and Mayor Mondy voting in opposition. Councilman Trout made a motion to accept annexation of the property owned by Garry White,containing 1.089 Acres,out of the I.&G.N.Railroad Company Survey,Abstract No. 1059, Collin County,Texas, and also being part of a 4.00 acre tract as conveyed to Glen E.Pockrus and wife,Joyce Pockrus,recorded in Volume 1293, Page 84,Deed Records, Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion passed,4-3. Councilman Scott,Ramsey and Councilwoman Allen voting in opposition. ORDINANCE NO. 98-44 AN ORDINANCE ANNEXING A 1.089 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. & G. N. RAILROAD COMPANY SURVEY,ABSTRACT NO. 1059,COLLIN COUNTY,TEXAS,AND ALSO BEING PART OF A 4.00 ACRE TRACT AS CONVEYED TO GLEN E.POCKRUS AND WIFE,JOYCE POCKRUS,RECORDED IN VOLUME 1293,PAGE 84,DEED RECORDS,COLLIN COUNTY,TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF- Wylie City Council Minutes December 15,1998 Page 12 OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 34. Consider and Act Upon Approval of an Ordinance Annexing property owned by W.L.Brown, containing 1.0 Acres out of the William Sachse Survey,Abstract No.696 of 640 acres,about 14 miles Southeast from McKinney, Collin County, Texas, and being out of that 40 acres of land which is described as First Tract in a Warranty Deed from Jick Housewright et al to D.R. Moore and Kathleen G.Moore,dated April 15, 1954, recorded in Volume 484,Page 379,Deed Records of Collin County,Texas, Councilman Trout made a motion to accept annexation of the property owned by W.L. Brown,containing 1.0 Acres out of the William Sachse Survey, Abstract No. 696 of 640 acres, about 14 miles Southeast from McKinney, Collin County, Texas, and being out of that 40 acres of land which is described as First Tract in a Warranty Deed from Jick Housewright et al to D.R. Moore and Kathleen G. Moore, dated April 15, 1954, recorded in Volume 484,Page 379,Deed Records of Collin County,Texas_ Councilman Worley seconded the motion. A vote was taken and the motion passed 6-0. Councilwoman Allen abstained. ORDINANCE NO. 98-45 AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, OF 640 ACRES, ABOUT 14 MILES SOUTHEAST FROM MCKINNEY, COLLIN COUNTY,TEXAS,AND BEING OUT OF THAT 40 ACRES OF LAND WHICH IS DESCRIBED AS FIRST TRACT IN A WARRANTY DEED FROM JICK HOUSEWRIGHT ET AL TO D.R. MOORE AND KATHLEEN G. MOORE,DATED APRIL 15, 1954, RECORDED IN VOLUME 484, PAGE 379, DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 35. Consider and Act Upon Approval of an Ordinance Annexing property owned by William F. Young,containing 1.0 Acre being out of the Elliot C.Davidson Survey,Abstract No.266,being a 1.00 acre tract of land out of a 72.5 acre tract,save and except previous conveyances,conveyed to J.R. Eaves by deed dated the 9th day of March, 1958, by J.W. Barnett et ux, of record in Volume 411,page 494,Deed Records of Collin County,Texas. Councilwoman Allen made a motion to accept annexation of the property owned by William F. Young,containing 1.0 Acre being out of the Elliot C. Davidson Survey,Abstract No. 266,being a 1.00 acre tract of land out of a 72.5 acre tract,save and except previous conveyances,conveyed to J.R.Eaves by deed dated the 9th day of March, 1958, by J.W. Barnett et ux, of record in Volume 411, page 494, Deed Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO. 98-44 AN ORDINANCE ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF THE ELLIOT C. DAVIDSON SURVEY,ABSTRACT NO.266,BEING A TRACT OF LAND OUT OF A 72.5 ACRE TRACT,SAVE AND EXCEPT PREVIOUS CONVEYANCES,CONVEYED TO J.R EAVES BY DEED DATED THE 91"DAY OF MARCH, 1958, BY J.W.BARNETT ET UX,OF RECORD IN VOLUME 411,PAGE 494,DEED RECORDS OF COLLIN COUNTY,TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO.85-23A;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS- ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Wylie City Council Minutes December 15,1998 Page 13 36. Consider and Act Upon an Ordinance annexing all of a certain 110 Acre tract out of the J.W. Mitchell Survey,Abstract No.589,Collin County,Texas and being the same property conveyed to Patsy Sue Donihoo by J.O.McWhirter and wife,Pearl A.McWhirter,by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County,Texas. Councilman Worley made a motion to accept annexation the 110 Acre tract out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife,Pearl A. McWhirter,by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO. 98-45 AN ORDINANCE ANNEXING A 110 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE J.W.MITCHELL SURVEY,ABSTRACT NO. 589, BEING THE SAME PROPERTY CONVEYED TO PATSY SUE DONIHOO BY J.O. MCWHIRTER AND WIFE,PERALA.MCWHIRTER BY DEED AS RECORDED IN VOLUME 942 AT PAGE 488 DEED RECORDS, COLLIN COUNTY,TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO 85-23A;PROVIDING FOR REPEALING,SAVING AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 37. Consider and Act Upon an Ordinance Annexing all of a certain .998 Acre tract out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell,by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture,Inc. by deed recorded in Volume 2610,Page 702,Land Records,Collin County,Texas. Councilman Scott made a motion to accept annexation of the .998 Acre tract out of the Francisco De La Pina Survey,Abstract No. 688,Collin County,Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell,by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture,Inc.by deed recorded in Volume 2610,Page 702,Land Records,Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. ORDINANCE NO. 98-46 AN ORDINANCE ANNEXING A.998 ACRE TRACT OF LAND,MORE OR LESS,SITUATED IN THE FRANCISCO DE LA PINA SURVEY,ABSTRACT NO.688,BEING THE SAME PROPERTY CONVEYED TO DOYLE R MITCHELL AND WIFE NANCY DAYE MITCHELL,BY DEED AS RECORDED IN VOLUME 2689 AT PAGE 793 AND THE SAME TRACT OF LAND CONVEYED TO HOME TOWN FURNITURE,INC. BY DEED RECORDED IN VOLUME 2610,PAGE 702, LAND RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Approval of Preliminary Plats/Final Plats The Mayor moved to Item No.39. Item No. 38 will be heard after the Planning&Zoning Commission meets this evening. 39. Consider and Act Upon a Final Plat for the Lakeside Estates Phase I addition, proposed by Carter and Burgess,Inc.for Vista Oaks Development,generally located along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway(Marshall Lane),and being all of a certain 39.529 acre tract out of the Moses Sparks Survey,Abstract No.849,City of Wylie,Collin County,Texas. Wylie City Council Minutes December 15,1998 Page 14 Mr.Maples stated that the final plat under consideration is the Lakeside Estates Phase I addition. The applicant is final platting 39.529 acres in order to develop the property with 146 single family lots. He stated that the development also incorporates one city park and one community park. The city park will incorporate soccer fields and off-street parking to be utilized by the general public. The community park incorporates a cabana, swimming pool,and off-street parking to be utilized and maintained by the Home Owner's Association(HOA). He stated that the property is currently vacant,unplatted,and zoned PD(Planned Development)for single family uses. Mr. Maples then addressed other considerations. He explained that staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. The applicant intends to utilize temporary off-site drainage easement along northern property line during the construction phase of this development. Mr. Maples stated that staff recommends that the plat be approved for construction subject to the applicant forwarding copies of said temporary easements to the Community Development Department. The applicant is aware and has agreed. Mr.Maples explained that when this case was heard by the Planning and Zoning Commission,the applicant had indicated that temporary off-site drainage easements would also be utilized along the western property line during the construction phase of this development. However,due to an inability to acquire said off-site easements,the applicant has incorporated a permanent drainage easement along the rear property line of Lots 1-12,Block D. Mr.Maples stated that staff does recommend approval of this easement subject to the note on the plat referencing a 6 foot rear building and fence line being corrected to indicate a 6 foot fence setback only. Mr. Maples stated that the zoning encompassing this property requires a 15 foot rear building line and,therefore, should not be reduced via the plat. Mr.Maples explained that the applicant has incorporated a landscape and berm plan along the southern property line parallel to the railroad right-of-way which will be part of the improvements built during the construction phase of this development and that plans call for a three (3) foot high berm with shrubs and trees planted in clusters on 100'-120' centers. Mr. Maples stated that the applicant is aware that the PD (Planned Development) zoning encompassing this property stipulates that secondary access shall be required for the development at the time one of the following three events occur. 1) Application for housing permits have been submitted for 50% of the lots within the Development Plan of Lakeside Estates Phase I or the Development Plan of Sage Creek Phase I; 2) At the time of submittal of any additional phases within the Lakeside Estates Concept Plan, approved by City Council on November 11, 1997;3) Two calendar years beginning with the date of adoption of the zoning encompassing this property (January 27, 1998). At the November 3, 1998, Planning and Zoning Commission meeting, the Commission recommended approval of this case. There was some discussion regarding the off-site easements and the noise protection offered by the landscape and berm plan for the southern property line parallel to the railroad right of way. Councilman Worley made a motion to approve the Final Plat for the Lakeside Estates Phase I addition,proposed by Carter and Burgess,Inc. for Vista Oaks Development,generally located along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway(Marshall Lane), and being all of a certain 39.529 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie, Collin County,Texas, subject to the note on the plat referencing a 6 foot rear building and fence line being corrected to indicate a 6 foot fence setback only. (The zoning encompassing this property requires a 15 foot rear building line and,therefore,should not be reduced via the plat). Councilman Young seconded the motion. A vote was taken and the motion passed, 7-0. Mayor Mondy directed staff to draft construction plans for sewer services to be provided within the next 4 years for properties recently annexed,identifying them as parcels 9, 10, 11, 15, 32 and 33. The Mayor then called for a recess at 6:28 p.m. Council will reconvene immediately following the conclusion of the Regular Meeting of the Planning&Zoning Commission. Wylie City Council Minutes December 15,1998 Page 15 Public Hearings The Mayor reconvened the regular session of the Wylie City Council at approximately 8:45 p.m. 38. Consider and Act Upon a preliminary plat for the Winding Creek Estates Addition,proposed by D.R. Horton Custom Homes for the property generally located in the City of Wylie Extraterritorial Jurisdiction(ETJ)along the south side of Parker Road west of the FM 1378 and Parker Road intersection, and being all of a 44.531 acre tract out of the Lewis M. Marshall Survey,Abstract No.594,Collin County,Texas. Mr. Tobin Maples,Planning Director, addressed this item. Mr. Maples stated that the preliminary plat under consideration is for the proposed Winding Creek Estates subdivision. The applicant is preliminary platting 44.531 acres of land in order to develop the property with single family residential uses. He explained that the property is currently vacant,unplatted,and located within the City of Wylie Extraterritorial Jurisdiction(ETJ). Mr. Maples stated that Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for cul-dec-sac length; Specifically, Section 5.04 B (13)(b)of the Subdivision Regulations states that no cul-de-sac shall exceed 600 feet in length. Mr. Maples stated that the applicant is requesting a variance to this requirement. Mr. Maples stated that in order to ensure emergency access to this development the applicant is proposing a divided entry and two(2)emergency access easements constructed in a manner suitable fore emergency vehicle traffic,while maintaining the appearance of a pedestrian greenbelt(see letter from applicant). Mr. Maples stated that preliminary water plans indicate water will be provided by Pecan Orchard Water Supply. Preliminary sewer plans indicate sanitary sewer service will be extended to this property from McMillen Road. Mr. Maples advised that this case was previously heard by the Planning and Zoning Commission at their December 15, 1998,regular business meeting citing reasons of emergency access,divided entry and emergency access throughout the plan. As a result, the Commission recommended denial. Mr. Maples stated that staff recommends approval. Council expressed concerns regarding Planning and Zoning's reasons for denial. The developer, Mr. Steve Toplitz,Representing D-R Horton,310 East I30,Garland,Texas,was then available to address questions from Council. Mr. Toplitz explained the"coving"concept of the proposed plat. He stated that this is a unique concept that could be beneficial to public safety concerns,citing lower speed limits due to design. He stated that there would be no intersections,nor four way stops. He explained that if the emergency access is a concern,they would work with the public safety departments to resolve. He explained that this design allows 12,000' lots which speaks to lot size issues. The Mayor then asked Mr. Steve Ahrens to come forward. Mr. Maples then defined the platting procedures. He explained that if the preliminary plat was approved,the final plat would be reviewed by a development team before routing back to Council for their review. Mr. Ahrens stated five reasons for Commission denial - 1) large cul-de-sac; 2) only one entrance: 3) access easements; 4) 6' side yard set backs; and 5) width of road - 27'. Mr. Toplitz addressed these concerns. He pointed out on the plat an additional emergency access entrance between lots 77 and 78. Mr. Toplitz explained that the `coving' design specifically addresses speed limits and that a wider street would mean an increase in speed creating a public safety hazard and that the design also contributes to the lot size,however,the staggering of structures would ensure privacy between those homes. Mr. Toplitz stated that they would work with the Commission and Council to provide the type of development that meets the approval of both. Wylie City Council Minutes December 15,1995 Page 16 Councilman Scott made a motion to approve the preliminary plat for the Winding Creek Estates Addition, proposed by D.R Horton Custom Homes for the property generally located in the City of Wylie Extraterritorial Jurisdiction(ETJ) along the south side of Parker Road west of the FM 1378 and Parker Road intersection, and being all of a 44.531 acre tract out of the Lewis M. Marshall Survey,Abstract No. 594, Collin County, Texas, with the stipulation of providing a minimum emergency access to Parker Road and emergency personnel input on access ensuring that it is friendly to traffic. Councilman Ramsey seconded the motion. A vote was taken and the motion passed, 7-0. 40. Consider and Act Upon a request from Gonzalo Cerda for approval of a Specific Use Permit (SUP)for a private club serving alcoholic beverages(restaurant)for the property generally located at the northeast corner of Fifth Street and SH 78,and being part of Lots 1 &2,Block 12 of the Railroad Addition,an Addition to the City of Wylie,Collin County,Texas. Mr.Maples addressed this item. Mr.Maples stated that the applicant is requesting a Specific Use Permit(SUP) on.04 acres in order to establish a private club serving alcoholic beverages. Specifically,the applicant intends to open a restaurant in an existing building and is seeking the City's permission to serve alcoholic beverages to his customers. He stated that currently the property is part of a strip center zoned R(Retail) and developed accordingly with various retail and business uses. Please note that approval of the SUP does not authorize other businesses in the strip center to serve alcoholic beverages. Mr. Maples explained that should the Planning and Zoning Commission and City Council approve the request,the business under consideration will be the only unit in the strip center permitted to serve alcoholic beverages. Mr. Maples stated that Public Comment Forms were mailed to fifteen (15) property owners within 200 feet of this request. No Public Comment Forms have been returned. Mr. Maples then address other considerations. He stated that the Comprehensive Plan recommends retail. commercial,and business uses for the property. The proposed zoning is consistent with the Comprehensive Plan and compatible with the surrounding development. He stated that although the City of Wylie is encompassed by a dry designation, state statues allow alcoholic beverages to be served subject to the issuance of a private club registration permit by the Texas Alcoholic Beverage Commission. The applicant has been issued said permit from the Texas Alcoholic Beverage Commission. Mr.Maples stated that at the November 17, 1998,Planning and Zoning Commission meeting,the Commission voted by 5-2 to recommend approval of the request with the stipulations that the hours of business be from 11:00 am to 10:30 pm and that no open bar exist(service bar only). The Mayor then opened the Public Hearing asking that anyone who wished to speak either in favor of or in opposition to the Specific Use Permit to come forward stating their name and address for the record and limit their remarks to three minutes. Reverend Al Draper,First Baptist Church,Wylie. Rev. Draper spoke in opposition to the approval of the SUP citing alcohol as mood alternating,effecting judgement and physical coordination,location of access/egress to State Highway 78. Reverend Draper urges the Council to consider the welfare of the community and family and not grant this SUP. Mike Snyder, 144 Park. Mr. Snyder spoke in favor of approval of the SUP. He stated that he owns a business in the same area and knows the applicant. He stated that the applicant has not had any incidents at the Garland restaurant and that his establishment is a good family run operation. He asked Council to consider approval of their request. Mr.Luis Gillman,Carrollton,Texas. Mr.Gillman spoke in favor of approval of the SUP. Mr. Gillman stated that he has been a customer for three years and that the restaurant is family oriented business and asked Council to consider approval of the SUP. Wylie City Council Minutes December 15,1998 Page 17 Rita Juarez,9429 El Centro,Dallas,Texas. Ms. Juarez spoke in favor of approval of the SUP. Ms. Juarez stated that she processed the TABC(Texas Alcohol and Beverage Commission)application for Mr. Gonzalo and that Mr. Gonzalo met all qualifications and that his restaurant is a family oriented business and the TABC has had no problems with his establishment. She asked that council consider approval of the SUP. Mr.Eric Hogue, 102 Westgate Way. Mr.Hogue stated that he shared the same concerns of Reverend Draper and asked that Council deny the SUP request. With no further response,the Mayor then closed the public hearing. Councilman Scott made a motion to deny the request from Gonzalo Cerda for approval of a Specific Use Permit (SUP) for a private club serving alcoholic beverages (restaurant) for the property generally located at the northeast corner of Fifth Street and SH 78,and being part of Lots 1 &2,Block 12 of the Railroad Addition, an Addition to the City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,5-2. Councilman Young and Trout voted in opposition. 41. Consider and Act Upon a request from Mike Douglas for FarmTex Inc.,for approval of a of a zone change from A (Agricultural) to I (Industrial) for the property generally located at the northwest corner of SH 78 and Eubanks Lane,and being all of a certain .998 acre tract out of the Francisco De La Pina Survey,Abstract No 688,City of Wylie,Collin County,Texas. Mr.Tobin Maples addressed this item. Mr.Maples stated that the applicant is requesting rezoning on .998 acres in order to utilize the property for business purposes, specifically,the applicant intends to utilize the existing structures for his own business and up to four tenants that may engage in light manufacturing and assembly type uses.He stated that the property has officially been annexed by Council's actions this evening. Mr. Maples stated that the properties to the north,east,and west are vacant and zoned for I(Industrial)uses and that the property to the south is vacant and zoned for A(Agricultural)uses. He stated that Public Comment Forms were mailed to eight(8)property owners within 200 feet of this request and that one(1)Public Comment Form in support of the request has been returned. Mr.Maples then addressed other considerations. He stated that at the December 1, 1998,Planning and Zoning Commission meeting,a motion to approve the request for I(Industrial)zoning failed due to a lack of a second. However,the Commission voted unanimously to recommend approval of rezoning the property B-2 (Business). The applicant does not have a problem with the B-2 (Business) recommendation. He stated that the existing structures encompass approximately 8,300 square feet. The B-2 (Business) district regulations stipulate that structures utilized as light fabrication and assembly process facilities shall not exceed 8,000 square feet. Mr. Maples explained that as a result,and in order to comply with said zoning regulations, at least 300 square feet must be utilized for something other than light fabrication and assembly and that the applicant is aware and has agreed. Mr. Maples stated that the Comprehensive Plan recommends retail, commercial, and business uses for the property. The recommended B-2 (Business)zoning is consistent with the Comprehensive Plan. Mr.Maples stated that at the December 1, 1998,Planning and Zoning Commission meeting,a motion to approve the request for I (Industrial) zoning failed due to a lack of a second. However, the Commission voted unanimously to recommend approval of rezoning the property B-2 (Business) and the applicant does not have a problem with the B-2(Business)recommendation. The Mayor then opened the Public Hearing asking that anyone who wished to speak either in favor of or in opposition to the Zone Change Request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. Wylie City Council Minutes December 15,1998 Page 18 Councilman Worley made a motion to approve the request from Mike Douglas for FarmTex Inc.,for approval of a of a zone change from A(Agricultural)to I(Industrial)for the property generally located at the northwest corner of SH 78 and Eubanks Lane, and being all of a certain .998 acre tract out of the Francisco De La Pina Survey,Abstract No 688,City of Wylie,Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO. 98-47 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 TO B-2,BUSINESS DISTRICT CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. 42. Consider and Act Upon a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A (Agricultural); B-1 (Business); SF-A (Single Family Attached); SF-2 & SF-3 (Single Family Residential)to B-1 (Business) and I (Industrial) for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. The Mayor opened the Public Hearing asking that anyone wishing to speak either in favor of or in opposition to the zone change request to come forward. Mr.Ron Hanson,applicant,address Council with concerns in the language of the Ordinance, specifically Section 1. Councilman Scott made a motion to recess the Public Hearing until Monday, December 21 at 6:00 p.m. Councilman Young seconded the motion. A vote was taken and the motion passed, 7-0. Agreements and Appointments 43. Authorize the City Manager to enter into an agreement with the North Texas Municipal Water District for the cost sharing and specific financing terms relating to the reconstruction of South Ballard Street between Butler and Stone and the Stone Road and Ballard Street intersection and other matters relating thereto,including a reimbursement resolution. City Manager, Mike Collins addressed this item. Mr. Collins stated that the North Texas Municipal Water District (NTMWD) has awarded a contract for the installation of a 72-inch water main to be extended from its Wylie Water Treatment Plant to Mesquite and Garland, Texas. He stated that any street in which the water main will be installed through Wylie will be completely reconstructed to its original condition, including curb and guttering, driveway approaches and asphalt paving and that the NTMWD will pay the cost of the project. Mr. Collins stated that the City of Wylie also requested, in looking at the Ballard St. route, that the cost of a four lane divided concrete thoroughfare be issued for bid. He stated that a calculation was made for the Second Street route and compared with the actual bid amount for the Ballard Street route. He stated that Second Street would have cost$448,194 less than the Ballard Street option. Mr. Collins explained the financial considerations. He stated that the City of Wylie and the NTMWD will enter into an agreement based on the following terms. The City of Wylie will make 7 equal payments on or before October 15, in years 1999 through 2004. The first payment will be made on July 1, 1999 with the total amount financed being $667,764.00 or 7 payments of$95,394. Mr. Collins explained that in order to provide options to the City Council to finance the source of funds used to pay the NTMWD, staff is recommending that the Council approve a Reimbursement Resolution. He stated that this action would establish the intent to use proceeds from a future bond election, tentatively discussed for May 1999, to finance the South Ballard reconstruction and the South Ballard Street/Stone Road intersection. Wylie City Council Minutes December 15,1998 Page 19 He stated that this action in no way obligates the City Council or a Citizen°s Bond Advisory Committee to use local bonds to finance the project, and that the action simply provides an option to finance all or a portion of the project. He stated that absent any local bond funds being used, the general and utility funds would split the costs paid to NTMWD. Mr. Collins concluded that the NTMWD and the City of Wylie will host a meeting in which all affected property owners,business owners and tenants will be invited to attend and that routine communication will take place throughout the duration of the construction. He stated that the NTMWD will be the owner of the project and the contractor will report directly to the Water District and all inspections will be facilitated by the District as well. Mr. Collins was then available for questions from the Council. Councilman Young made a motion to authorize the City Manager to enter into an agreement with the North Texas Municipal Water District for the cost sharing and specific financing terms relating to the reconstruction of South Ballard Street between Butler and Stone and the Stone Road and Ballard Street intersection and other matters relating thereto, including a reimbursement resolution. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 44. Consider and act upon appointing a replacement to the Library Advisory Board for an unexpired term ending July of 2000. Councilman Scott made a motion to nominate Ms. Grace Morrison to the Library Advisory Board to fill the unexpired term ending in July of the year 2000. Councilman Allen seconded the motion. A vote was taken and the motion passed,7-0. 45. Consider and Act Upon the approval of a formal agreement between Collin County,the City w .. of Wylie and the Kansas City Southern Railway Company. Councilman Scott made a motion to table Item No. 45. Councilman Ramsey seconded the motion. A vote was taken and the motion passed,7-0. 46. Authorizing the City Manager to enter into a two-year Contract with Foerster Engineering for an amount not to exceed$96,000. Councilman Scott made a motion to table Item 46 until December 21, 1998. Councilman Ramsey seconded the motion. A vote was taken and the motion passed, 7-0. Staff Reports City Manager, Mike Collins gave Council a brief update on the progress of the Blue Santa Program. He also advised of upcoming items for Council's consideration. Those being a draft of the Regional Wastewater Treatment Plant, Reimbursement for sewer interceptor installed by Centex and an issue whereby temporary service will be provided to the Woodbridge Club House. Finance Director Brady Snellgrove reported that staff would be coming forward with the software/hardware for the police and fire reporting systems. He also reported that the 911 system is generating $1,000 monthly. Council had questions regarding the status of the alarm monitoring program,to which the Mayor stated that this would be coming forward to Council in January. Assistant to the City Manager, Mindy Manson reported that staff would be working with the Rotary Club in application for a grant for playground equipment to be used in Olde City Park, specifically the newly acquired area. Response is expected within the next two to three months. Wylie City Council Minutes December 15,1998 Page 20 Councilman Worley gave Council an update from the Wylie Economic Development Board and status of those merchants effected by the downtown fires. He stated that the Economic Development Director, Sam Satterwhite has been working with merchants to assit them in reestablishment of their businesses. He stated that he would _ keep Council informed on the situation. The scheduled joint worksession with the Planning and Zoning Commission was cancelled and no Executive Session was held. Adj aurnment. As there was no further business to come before the Council,the meeting was adjourned. Mondy,Mayor Attest: / ? $` may r"'C✓J���'. C /d �. V r Kr.. a A. Salinas, C. .ecretary ( SEAL ,:s � ' S c) s;R Wylie City Council Minutes / ' CIE 1111gflplllilU3`��''� December 15,1998 Page 21