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12-31-1984 (City Council) Agenda Packet AGENDA SUMMARY MONDAY, DECEMBER 31 , 1984 ITEM NOS. 1-3 - APPROVAL OF ANNEXATION ORDINANCES FOR 35 . 7 ACRES , 2 ACRES AND 0.996 ACRES - These three ordinances will be the final step in annexing these properties . One tract of 35 . 7 acres is out of the Duke Strickland Survey and is located on Hwy 78 just south of Roddy & Assoc . The other two tracts are adjacent tracts in Steel Industrial Park . These are final actions that needed to be completed prior to the end of the calendar year in order for them to appear on next year ' s tax roll and to be counted in our accumulated involuntary annexation allotment . ITEM NO. 4 - VALIDATION OF BALLOTS - This is the "blessing" of the ballots for the January 19, 1985 election for Wylie ' s Home Rule Charter. This step is required by law. ITEM NO. 5 - ACCEPTANCE OF 1 .930 ACRES OUT OF E.C. DAVIDSON SURVEY - This tract of land is outlined on the map in your packet and is being donated to the city by Mr . K. C. Swayze . It is located in the Holiday Terrace addition and is adjacent to another tract that was donated by Mr . Melvin St . John . There are no restrictions on the use of this land by the donor ( this statement should be included in the motion so that it may be incorporated into the official minutes of the city) . It is the city ' s intention to use it along with the St . John donation for a "mini-park" . It has limited access and can be used for informal gatherings by families and children in the area. Mr . Swayze is anxious to have the city accept this donation before the end of the year . ITEM NO. 6 - APPROVAL OF FINAL PLAT FOR MURRY-WILLIAMS SD IN STEEL INDUSTRIAL PARK - This plat has been reviewed by all the appropriate departments in city hall and the plat review committee . In all cases recommended changes have been made by the engineer . The plat review committee recommends approval . The decision of the P & Z was not made at the time this summary was compiled ; however , we expect approval and will report the results orally at the time of the meeting . ITEM NO. 7 - APPROVAL OF PRELIMINARY PLAT FOR REGENCY BUSINESS PARK - This business park is a part of Steel Industrial Park. The plat has been reviewed by the appropriate departments and all recommended changes have been made by the engineer . The plat review committee recommends approval . See above final comments . ITEM NO. 8 - APPROVAL OF PRELIMINARY PLAT FOR WYLIE PLAZA This plat has been reviewed by all the appropriate departments and all recommended changes have been made by the engineer . The plat review committee recommends approval . This is actually a combining of several smaller tracts into one large tract . See above final comments . ITEM NO. 9 - APPROVAL OF REPLAT OF KINSINGTON MANOR - This plat has been reviewed by the appropriate departments and all recommended changes have been made . The plat review committee recommends approval . This replat became necessary because a portion of the Kinsington Manor area was not platted as a separate lot and therefore could not be sold in accordance with our subdivision regulations . This replat allows the owner to make some transaction regarding this strip . ITEM NO. 10 - APPROVAL OF FINAL PLAT FOR POINTE NORTH - This plat has been reviewed by all appropriate departments and committees . Minor changes have been marked on the plat and will be made prior to any construction . The plat review committee recommends approval . Like a number of the above 1 items , the P & Z recommendation was not final at the time this summary was written and will be reported orally to the council at the meeting. All requirements of the staff and the advisory boards have been met ; however , there does remain some minor offsite engineering problems that require coordination with several other public bodies . This coordination will obviously be resolved and there is no reason to delay final plat approval because of these considerations . ITEM NO. 11 - APPROVAL OF PLAT FOR CANTERBURY HILL (ETJ APPROVAL) - Since the staff and the plat review committee first saw this project and rejected it , the developer has met with members of the city staff and after much discussion has resubmitted the plat in it ' s current form. Changes from the original submission include conformance to the city ' s requirements of proper street dedicated right-of-way and the provision of a utility and drainage easement , mostly for storm drainage runoff . Finally , the developer has agreed to the relocation of fire plugs in order to better serve the development . These are the only changes which the developer feels that he should "reasonably" be required to do and has engaged an attorney , Mr . Paul Phy , to argue his case ( you will recall a letter distributed to you addressing that subject some two or three weeks ago) . At the plat review meeting held recently , only two members were able to attend . Their vote was split . Thus this item comes before you without recommendation of the plat review committee or the city staff . Since P & Z has not met yet , I am unable to report their feelings at this time . In spite of this , Mr . Cook desires that this plat be forwarded through all of the available steps so that he may receive an official denial of his subdivision - he is entitled to that request . It is also clear that he does not meet the requirements of the subdivision ordinance - nor does he desire to . The staff has made him aware of a number of alternatives which are available to him and which we would help him champion before the various boards and the council . These variations include the installation of underground sanitary sewer lines discharging into a holding tank which the city would pump out - until sewer service became available ; thus , he could increase his number of lots to help defray the cost of the sewer lines and the street improvements . However , even this discussion does not seem to have swayed their determination . Based upon these facts, it would seem that the council has little choice but to deny approval . Please remember that a "variation" from the specific requirements of the subdivision ordinance ; not those areas where we are given some latitude , would require an amendment to the ordinance . ITEM NO. 12 - APPROVAL OF ZONING REQUEST FOR EAST RIDGE ADDITION - This is a re-submittal for zoning by the developer , Danny Holley . You will recall , the original zoning was approved by the P & Z and subsequently denied by the council . It was indicated by the council that their desire was to see SF-1 zoning in the area closely bordering Rush Creek and the proposed Quail Hollow Addition . IIr . Holly has complied with the council ' s desires and has resubmitted his zoning request following those guidelines . P&Z ' s comments will be reported to you at the council meeting . ITEM NO. 13 - ANNUAL LICENSE FEES FOR MOBILE HOME PARKS - See discussion below. ITEM NO. 14 DISCUSSION OF DEVELOPMENT OF MUDDY CREEK RESERVOIR AREA - See discussion below. ITEM NO. 15 - AUTHORITY TO PARTICIPATE IN LEGAL FEES FOR CHALLENGE TO PRIVATE SECTOR SEWER TREATMENT PLANTS - See discussion below. 2 We got problems . They all center around existing and proposed mobile home parks . In a complicated way they are all interlocked and similar . It is my opinion that we need to discuss the current dilemmas and put ourselves in a better posture for dealing with mobile home parks in the future . By placing these items on the agenda, I am asking for an opportunity to speak with you , at length , about my feelings and gain some guidance and insight from the council as to what direction we should pursue . I need to discuss our mobile home park ordinance and it ' s legal enforceability . Also , that ordinance ' s practical enforceability is questionable . All this comes to light because of two large mobile home developers who apparantly want to develop on our extreme western border and our southeastern border . I believe that we can control , but not eliminate , these developments , while at the same time accomplishing significant advantages in the development of the city . However , in order to do that , and not simply spend all of our time in court , only to end up with the mobile home developers doing what they will , we must prepare ourselves better . My story and explanation at the council meeting will , I hope, make this clear and from that we can re—posture our goals to be in a more defendable and progressive position . I appreciate , in advance , your taking the time to listen to this explanation . 3 / L7; p( 6A,or.A.1 AGENDA CALLED MEETING CITY COUNCIL OF THE CITY OF WYLIE MONDAY, DECEMBER 31 , 1984 3:00 P.M. CITY HALL CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 1 1-4 Consider approval of annexation ordinance for 35. 700 acres out of Duke Strickland Survey , Abst . No .841 . (Located on Hwy 78 south of Roddy & Assoc . ) 2 5-8 Consider approval of annexation ordinance for 2 acres out of Wm. Sachse Survey , Abst . 835 . ( Pt . of Steel Ind . Pk . ) 3 9-12 Consider approval of annexation ordinance for 0. 996 acres out of Wm . Sachse Survey , Abst . 835 . (Pt . of Steel Ind . Pk . ) NEW BUSINESS 4 13 Consider validation for ballots for January 19 , 1985 Home Rule Charter election . 5 14-16 Consider acceptance of 1 . 930 acres out of E. C. Davidson Survey , Abst . 267 from K . C . Swayze . 6 17 Consider approval of final plat for Murry-Williams Subdivision in Steel Industrial Park . 7 18-20 Consider approval of preliminary plat for Regency Business Park in Steel Industrial Park . 8 21 Consider approval of preliminary plat for Wylie Plaza . 9 22-23 Consider approval of replat of Kinsington Manor . 10 24 Consider approval of final plat for Pointe North . 11 25 Consider approval of plat for Canterbury Hill . ORDER OF PAGE BUSINESS REFERENCE BUSINESS 12 26 Consider approval of resubmittal of zoning request for East Ridge Addition . (Located on old FIwy 78) . 13 Consider annual license fees for mobile home parks . 14 Consider discussion of development of Muddy Creek Reservoir . 15 Consider authority to participate in legal fees for challenge to private sector wastewater treatment plants . 16 ADJOURN ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE Duke Strickland SURVEY, ABSTRACT NO. 841 ,, UPON PETITION OF Percy Simmons WHEREAS, Percy Simmons has filed a written petition to annex tc the City of Wylie, Collin County, Texas , the tract of land hereinafter descrihea , which said tract of land less than three (3) qualified voters reside , all of 4hich said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows , to-wit: 35.70 Acres out of Duke Strickland Survery (adjacent to Roddy Real Estate on Highway 78) See attached for legal ORDINANCE NO. CONT' D ,'^GE be received, annexed to, and made part of - and the same is hereby received , annexed to, and made part of - the City of Wylie, Collin County , Texas , subject to all laws , rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements coon laic lands create an emergency, a necessity exists requiring that this ordinance �e passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 31st DAY OF December , 19 84 . Don Hughes, MAYOR Pro Tem ATTEST: Carolyn Jones , City Secretary 10-29-84 #84060 PROPERTY DESCRIPTION BEING a tract of land situated in the DUKE STRICKLAND SURVEY, ABSTRACT NO. 841 , Collin County, Texas, and being part of a 163.80 acre tract of land referred to in deed as Second Tract of 38.500 acres, from Aetna Life Insurance Co. to E. Nathan Eldridge, dated May 16, 1940, recorded in Volume 328, Page 264, Deed Records of Collin County, Texas, and being part of the same property conveyed to The Wylie Industrical Foundation, Inc. by Mercantile National Bank at Dallas, by Deed dated August 16, 1972, recorded in Volume 839, Page 293, Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the most Southerly Southeast corner of said 163.80 acre tract of land, said point being the Southeast corner of said 38.5 acre tract, an iron stake set for corner; THENCE North 84°28' West 810.96 feet along fence line to an iron stake set for corner; THENCE North 85°54' West 1026.00 feet along fence line to an iron stake for corner; THENCE North 05°04' East 59.77 feet to an iron stake for corner in the South- easterly line of State Highway #78; THENCE North 52°16' East 1196.00 feet with the Southeasterly line of said High- way to a marker for corner; THENCE North 48°01 ' East 199.05 feet with the Southeasterly line of said High- way to a marker for corner; THENCE North 52°15' East 600.00 feet with the Southeasterly line of said High- way to a marker for corner; THENCE North 57°58' East 75.71 feet with the Southeasterly line of said High- way to an iron stake for corner; THENCE South 38°44' East 445.76 feet to an iron stake for corner; THENCE South 04°20' West 1139.20 feet along fence line to the PLACE OF BEGINNING and containing 35.700 acres of land, more or less. Date eorgeoP Witt, Registered Public Surveyor 9.F rF+ K GEORGE G. PEWITT e-o•. 4171 • e b/, `T B .. $1fN�. ( . SU 1-4/; .....Vo' 15y1%5g'E ,� ti JI. /0-29-84 - eT° r11 I800 / \ Pp log �_ m , op- t Jo. tio„i, • r 0. 1.l16 G' N 1. G. o ,C e lie. 35. 700 ..4C/'ES • y I DUUE ST.P/C,rze/vo SURYEY ,4B5?.P,4CT /Va. S4/ IG E �52 . o r • a / (.--,..... N8S"s¢ .. /O?G.O' I k X/sTiAvG `� :10 28 its " J'n ?Y 4� YL/5 Tr.►�.4s k A GEORGE G. PEWITT y 4171 1-0 . T o Q \IGB '•FFrgT[R� -- `�/ U",....."-- 7 ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE William Sachse SURVEY, ABSTRACT NO. 835 UPON PETITION OF Gover Boyd WHEREAS, Grover Boyd has filed a written petition to annex to the City of Wylie, Collin County, Texas , the tract of land hereinafter descried , which said tract of land less than three (3) qualified voters reside , all of wnicr said facts the City Council hereby finds to be true and correct ; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following- described tract of land, described by metes and bounds as follows , to-wit: 2.00 Acres out of the William Sachse Survery (known as a part of Steel Industrial Park) see attached for legal ORDINANCE NO. CONT'D CAGE 2 be received, annexed to, and made part of - and the same is hereby reeivy ., annexed to, and made part of - the City of Wylie, Collin County, Texas , ct to all laws , rules and regulations of said City. The fact that such annexation of said tract of land will be to the best intert of the public and the City of Wylie, and, because planned improvements upon <: id lands create an emergency, a necessity exists requiring that this ordinance ne passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 31st DAY OF December , 19 84 Don Hughes, MAYOR Pro Tem ATTEST: Carolyn Jones , City Secretary GS CITY LIMITS Being all that certain lot , tract or parcel of land situated in Collin County , Texas , being out of the Willie Sachse Survey , Abstract No . 835 , and being part of a 67 . 870 acre tract of land conveyed to Maurice Britten recorded in Volume 1124 , Page 182 , Collin County Deed Records and being more part iculariy described as follows : Cocm ''acing in the West line of a County Road and the North line of said 67 , 670 acre tract , said point being the Northipast corner of a 7 . 50 acre tract of land conveyed to Duane C . He1Ya'berger .and wife , Alice P . Hel..kberger , thence: S 00 deg . 02 min , 51 sec . E along. the West line of Said County Road and the East line of said 7 , 50 acre tract at 542y22 feet passing the Southeast corder of staid 7.50 acre tract and continuing a total distance of 576. 32 feet, s ,id .rniint f* in.. the center' of a •60' Ingress . and Egress Easement , thence: S 89 deg, 56 min. 24 sec . W ..7O feet .along the center of said 60' Ingress and Egress Easement to an iron stake set, For comet:, the Place.of Beginning; 1 ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE William Sachse SURVEY, ABSTRACT NO. 835 UPON PETITION OF Grover Boyd WHEREAS, Grover Boyd has filed a written petition to annex to the City of Wylie, Collin County, Texas , the tract of land hereinafter described , which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows , to-wit: 0.9986 Acres out of William Sachse (adjacent to Steel Industrial Park) see attached for legal ORDINANCE NO. CONT'D -'AGE 2 be received, annexed to, and made part of - and the same is hereby received , annexed to, and made part of - the City of Wylie, Collin County, Texas , subiect to all laws , rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and ef`ect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 31st DAY OF December , 19 84 Don Hughes, MAYOR Pro Tem ATTEST: Carolyn Jones , City Secretary c,fU. ,c,ctb CITY LIMITS - - / / Being all that certain lot , tract or parcel of land situated in Collin County , Texas , being out of the William Sachse Survey , Abstract No . 835 , and being part of a 67 . 870 acre tract of land conveyed to Maurice Britten recorded in Volume 1124 , Page 182 , Collin County Deed Records and being more part icular3.y described as follows : Cosmnelicing in the West line of a County Road and the North line. of said 67 , 870 acre tract , said point being the Northi►ast corner of a 7 . 50 acre tract of land conveyed to Duine C . Helnniberger .and wife , Alice F . Helkberger , thence: S 00 deg . 02 min , 51 sec . E along. the West line of bald County Road and the East line of said 7 , 50 acre tract at 542y22 feet passing the Southeast corner of said 7 , 50 acre tract and continuing a total distance of 576. 32 feet , said .roint bet in.. the center of A '60'' Ingress , and Egress Easement , thence : S 89 deg, 56 min, 24 sec . W :18..M.,70 feet .along the center of said 60' Ingress and , Egress Easement to an iron stake set for corner, the Place .of Beginning; C ITY 0 F C ITY 0 F WYLI E WYLI E HOME RULE CHARTER HOME RULE CHARTER r-1 FOR THE ADOPTION OF THE CHARTER P1 FOR THE ADOPTION OF THE CHARTER I I AGAINST THE ADOPTION OF THE CHARTER [I] AGAINST THE ADOPTION OF THE CHARTER December 14 , 1984 Mr . John W. Akin , Mayor City of Wylie P. 0 . Box 428 Wylie , Texas 75098 Dear Mr . Akin : This letter will confirm to you and the city council of t ::c city of Wylie my intent to donate to the city of Vy lic , Lot 8A Tract 29 , out of the E. C . Davidson Survey Abstract 267 , consisting of 1 . 930 acres . I place no stipulations as to use on this tract of land and it may be used as the city council ordains . I realize this donation is subject to acceptances by the city council and await your favorable reply . K . C . Swayze KCS : bl • CITY OF WYLIE TAX STATE ME NT FOR 19 84. O9/25/84 TAX COLLECTOR RED VALUE Jim % OP VALVE P.O.BOX 428 LAND I44I5 A 100 14475 WYLIE,TX 75098 LAND IAEA.us.) rM PA OV EMEATS PERSONAL PRO ADM/ABS 267 SUB TOTAL I441 K NOMESTEAD /SHT ACCOUNT NUMBER E BL a LOT/TR 29 "D" Dr D R626700002901 wPPR.TOTAL RECEIPT NUMBER P R ACRES 1.9300 966 MEAT Ft SURVEY DAVIDS TOTAL 14475 TAX RATE-PER1 TO ON E 00000014475C DISABLED VET. $100 - .49 H 626700002901 TAXABLE VALUE 14475 MTG CODE LOAN NUMBER OCT Allilik DISCOUNT , Pw�o IN PE hwLTv O NOV 70.93 70.93 S WA YZ E K C DEC 70.93 JBOX 955 70.93 WYLIE TX 75098 FEB 7.00% 4.97 75.90 MAR 9.00% 6.38 77.31 000000000 FIRST NOTICE [TAXES BECOME DELINQUENT FEB.I (TIP 7E• 7,MAR WA 2T. 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TEXAS 75074 (214) 423-5334 December 19 , 1984 OF ':' 19R4 Mr. Z .W. Santry, P.E. 7131 Twin Tree Lane Dallas , Texas 75206 Re : Regency Business Park Wylie, Texas Dear Mr. Santry: Enclosed please find revised Preliminary Plat & Plans for the above referenced subdivision. Two prints are being attached for your review; the original mark-up print is also being returned. Please note on the back of your n rk-up print are two preliminary designs for your review : 1) Detail of a "Laydown Curb" to be used in this addition on Pegency Drive ; and 2) a detailed Plan View of the Regency Drive and Steel Road intersection with specific attention foctsed on the proposed drainage system and inlet pick-up po : t • In lieu of a grate inlet as suggested by you, I have s!, Dwn a std . curb inlet that will serve as a temporary junction structure , but remain as a permenant inlet when the entire intersection :; is completely paved. If the intersection plan and the curb detail ,is acceptable i ', to you, I will incorporate these into the final plans upon Hi ', approval of the preliminary plat. If you have any additional questions , please 'n ' t `)c-F, t-a: ' ' to call . jilj', S ' cerely . ril, , Roland Foerster , P. E. !I ill i, RF/bf cc : Mr. Gus Pappas, with attachment ' i� ' '; Mr. K.C. Swayze isll "ir I 1 , . . - . --- ' _r_—__. , . Eei5/. 2-Coarse Su.Lee,,/ --. 4••-•- ' -. .. _. 571./3' 77.-ec I/new/ /1/7-77/ --, - .. -_. ,L'1.t,..';4il,li1,,7o''yt,.;i 1';,.•c--„-/-,,,;"-7-/-. . Pf. -i, - - -:1---3---' . --"‘ -c---"--:-1-7).-,•_,)-5 ?--1.-:- 14.i*.e /( /2583 /25 97 2k ," i \ Prop 25'6/4/.9. Lif?,-7 '1,i•il' " _. 'r•i' 1 \ \ \ \\\\ .r\ '1 ' .>.. v' LOT / ... . LOT 2 , • t- . 1 \ t\i \ LOT 3 '•- .: , ti \ \ t .., ./ • A' \ . - -.;'••.• 4,5 7 5' - • 5' \ \ - —• I \ 1 \ \ I N i NI: /25.81? /r5:sg, \ /Z5.87 Lc) ,^ .377G3/ , (1, • N.,, \ . . \ i N \ \ CD \ , •,\ , ‘., 'I ' 1 i• \ \\ k GI ,, I -.., c.„.., -.,;. 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