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04-10-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, April 10, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken Reverend Harold Hembree, First Christian Church of Wylie tatettatC!..k'AttelMANNATIONMENEEEMENINIMMENNEMEMEN Presentation of the Firefighter & Paramedic of the Year Award by VFW Post 2195 represented by Mr. Roger Tedlock. Presentation by Mayor Pro Tem Scott regarding Quite Zone Workshop attended in Richardson. APPROVAL OF AN ORDINANCE 1. Consider and act upon an ordinance of the City of Wylie, Texas, declaring unopposed candidates in the May 5, 2001 General City Election, elected to office; canceling the election;providing a severability clause;and providing an effective date. PLANNING ITEMS 2. Consider and act upon a Final Plat for the Greenway Addition,proposed by Pate Engineers, for the property located at the southeast corner of FM 544 and Westgate Way, and being all of a certain 27.4852 acre tract situated in the Duke Strickland Survey, Abstract No. 841 and the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas, and being a portion of that certain 49.7438 acre tract of land conveyed to John P. Pennington Investments, Inc., as recorded in Volume 2893, Page 788 of the Deed Records of Collin County, Texas. 3. Consider and act upon a Final Plat for the McCreary Road Elementary School Addition, being all of a certain 10.3431 acre tract situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas, and being a portion of a 45.3768 acre tract of land conveyed to the Wylie Independent School District as recorded in the County Clerks File No. 98-0009496 of the Land Records of Collin County,Texas. 4. Consider and act upon a Preliminary Plat for the Walgreens-Wylie Addition,being all of a certain 5.244 acre tract situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being all of a certain tract of land conveyed to Rushin Lumber and Manufacturing Company, Inc. as recorded in Volume 843,Page 43, a certain tract land conveyed to Rushin Lumber and Manufacturing Company, Inc. as recorded in Volume 2793, Page 266, a certain tract of land conveyed to Rushin Lumber and Manufacturing Company, Inc. as recorded in Volume 828, Page 303, and a certain tract of land described as Tract I and all of a certain tract of land described as Tract II conveyed to JCM Partners, L.P. recorded in the County Clerks File No. 96-0045040, of the Deed Records of Collin County, Texas. In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551.072 Deliberation Regarding Real Property;to deliberate the purchase,exchange,lease,or value of real property(1305 S Ballard Avenue). Take any action as a result of Executive Session. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on the day of ,2001 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. City Secretary/DCS Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 WYLIE CITY COUNCIL AGENDA ITEM NO. April 10, 2001 Issue Consider and act upon an ordinance of the City of Wylie, Texas, declaring unopposed candidates in the May 5, 2001 General City Election, elected to office; canceling the election; providing a severability clause; and providing an effective date. Background On February 13, 2001 the Wylie City Council approved a Resolution calling for the general city election to be held on Saturday, for May 5, 2001, for the purpose of electing two members to the Wylie City Council. On March 21, 2001 (filing deadline) no additional applications for a place on the May 5, 2001 ballot were received by this office. After the deadline for write in candidates, it was determined that it would not be necessary to conduct an election on May 5, 2001, as per Subchapter C, Chapter 2 of the Election Code. Certification has been made that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy, and that each candidate on the ballot is unopposed for election to office, therefore, under these circumstances the code authorizes the City Council to declare the candidates elected to office and cancel the election. The following candidates are unopposed in the May 5, 2001 general election and are declared, by ordinance, elected and shall be issued certificates of election at the time the election would have been canvassed: Joel Scott, Place 1 Eric Hogue, Place 3 A copy of the ordinance will be posted on Election Day at each polling place that would have been used in the election. Financial Considerations Under the present contract with the Collin County Elections Office, the City is obligated to pay the contract preparation fee of$75.00 and is no longer liable for any further costs incurred by the Collin County Elections Officer in the conduct of the May 5, 2001 election. The city's cost estimated by the Elections Administrator was approximately $3,561.73 for the May 5, 2001 general election, had the election been conducted. $6,500 was budgeted for the city's share in the joint elections. Other Considerations Subchapter C, Chapter 2 of the Election Code allows the City Council to cancel the election, if all candidates are unopposed, there is no proposition on the ballot, and no person has made declaration of write in candidacy. The City of Wylie meets all the above conditions and is authorized to cancel their election. Board/Commission Recommendation N/A Staff Recommendation N/A Attachments Ordinance Letter to the Collin County Elections Administrator 7 ") i IP / , , , i' , "Prz„.......,i -116-4, //p a y Revi ed by Finan e City V anager VIroval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DECLARING UNOPPOSED CANDIDATES IN THE MAY 5, 2001 GENERAL CITY ELECTION, ELECTED TO OFFICE; CANCELING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the general city election was called for May 5, 2001, for the purpose of electing members to the Wylie City Council; and WHEREAS, the city secretary has certified in writing that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy, and that each candidate on the ballot is unopposed for election to office; and WHEREAS, under these circumstances, Subchapter C, Chapter 2 of the Election Code, authorizes the City Council to declare the candidates elected to office and cancel the election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE: Section 1. The following candidates, who are unopposed in the May 5, 2001 general city election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Joel Scott, Place 1 Eric Hogue, Place 3 Section 2. The May 5, 2001 general election is canceled, and the city secretary is directed to cause a copy of this ordinance to be posted on Election Day at each polling place that would have been used in the election. Section 3. It is declared to be the intent of the Wylie City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance is declared invalid by the judgment or decree of a court of competent jurisdiction, the invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance since the city council would have enacted them without the invalid portion. Ordinance No. Page 2 Section 4. This ordinance shall take effect upon its final passage, and it is so ordained. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of April, 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary • CITY OF WYLIE Office of the City Secretary 2000 S.H. 78 North Wylie, Texas 75098 Emailed 4/2/01 Original to follow April 2,2001 Ms. Sharon Rowe Collin County Elections Administrator 920 E.Park Blvd., Suite 120 Plano,Texas 75074 Re: May 5,2001 General Election -City of Wylie Dear Sharon, Please accept this letter as written confirmation that the City of Wylie will not hold a general election on May 5,2001. There is no proposition to appear on the ballot,no person has made a declaration of write-in candidacy,and all of the candidates are unopposed. We have placed on our April 10th City Council agenda a request for approval of the ordinance that will cancel the City's general election and declare the unopposed candidates elected. As per the election code, we will post a copy of the approved ordinance at all polling places during Election Day. As per section IV. GENERAL PROVISIONS, C of the Joint General Election Contract, the City understands that we are subject to the$75 preparation fee. Payment will follow accordingly. We appreciate the cooperation that we experience throughout the year with the Collin County Elections • Office and although we will not hold an election this year, we are always grateful for the assistance that you and your staff are always so willing to provide to the City of Wylie. Sincerely, B.ry ara .� /bas WYLIE CITY COUNCIL AGENDA ITEM NO. • April 10, 2001 Issue Consider and act upon a Final Plat for the Greenway Addition, proposed by Pate Engineers, for the property located at the southeast corner of FM 544 and Westgate Way, and being all of a certain 27.4852 acre tract situated in the Duke Strickland Survey, Abstract No. 841 and the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas, and being a portion of that certain 49.7438 acre tract of land conveyed to John P. Pennington Investments, Inc., as recorded in Volume 2893, Page 788 of the Deed Records of Collin County, Texas. Background The Final Plat under consideration will create a multi-tenant retail center totaling 27.4852 acres. The initial phase of the center will accommodate development of the Albertson's grocery store and fuel center on Lots 2 and 2A. The Planning and Zoning Commission approved a Site Plan and recommended approval of the Preliminary Plat to the City Council for the subject property on October 17, 2000, and the Preliminary Plat was approved by the City Council on November 13, 2000. The property has never been platted and is currently vacant and zoned for Industrial (I) uses. The anticipated retail uses are currently allowed within the Industrial District. Financial Considerations Final Plat application fee has been paid. The applicant is aware that impact fees must be paid before the Final Plat can be filed with Collins County. Water - $16,903 Sewer - $57,437.05 Other Considerations Staff has reviewed the proposed plat for the Greenway Addition and found it to conform to the approved Preliminary Plat and to be in technical compliance with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent ordinances of the City of Wylie. Board/Commission Recommendations At the March 20, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to favorably recommend this Final Plat. Staff Recommendations Approval. The Department's of Public Works, Fire, Police, and Development Services concur with this recommendation. Attachments Final Plat 1 goL112 ared b Review y Finance City Manage oval Y WYLIE CITY COUNCIL AGENDA ITEM NO. April 10, 2001 Issue Consider and act upon a Final Plat for the McCreary Road Elementary School Addition, being all of a certain 10.3431 acre tract situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas, and being a portion of a 45.3768 acre tract of land conveyed to the Wylie Independent School District as recorded in the County Clerks File No. 98-0009496 of the Land Records of Collin County, Texas. Background The Final Plat under consideration will create a tract for construction of the McCreary Road Elementary School by the Wylie Independent School District. A site plan for the elementary school was approved 4-2 by the Planning and Zoning Commission at the March 20, 2001 meeting. The property has never been platted. However, the tract was identified for the school use as part of the Planned Development District for the Sage Creek residential zoning and subdivision development (PD98-28), and these plans serve as a Preliminary Plat for the school. Financial Considerations Final Plat application fee has been paid. The applicant is aware that impact fees must be paid before the Final Plat can be filed with Collins County. Water - $5,013.75 Sewer - $16,316.37 Other Considerations • Staff has reviewed the proposed Preliminary Plat for the McCreary Road School Addition and found it to conform to the approved development plan/preliminary plat of the Sage Creek Planned Development District and to be in technical compliance with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent ordinances of the City of Wylie. • The Plat dedicates right-of-way for the widening and improvement of McCreary Road. Board/Commission Recommendations At the March 20, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to favorably recommend this Final Plat. Staff Recommendations Approval. The Department's of Public Works, Fire, Police, and Development Services concur with this recommendation. Attachments Final Plat 411-4111)47-"- Prepared by Revie d by-Finance City Manag r royal WYLIE CITY COUNCIL AGENDA ITEM NO. . April 10, 2001 Issue Consider and act upon a Preliminary Plat for the Walgreens- Wylie Addition, being all of a certain 5.244 acre tract situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas, and being all of a certain tract of land conveyed to Rushin Lumber and Manufacturing Company, Inc. as recorded in Volume 843, Page 43, a certain tract land conveyed to Rushin Lumber and Manufacturing Company, Inc. as recorded in Volume 2793, Page 266, a certain tract of land conveyed to Rushin Lumber and Manufacturing Company, Inc. as recorded in Volume 828, Page 303, and a certain tract of land described as Tract I and all of a certain tract of land described as Tract II conveyed to JCM Partners, L.P. recorded in the County Clerks File No. 96-0045040, of the Deed Records of Collin County, Texas. Background The Preliminary Plat under consideration will create a multi-tenant retail center totaling 5.422 acres. The initial phase of the center will accommodate development of the Walgreens retail store on the 1.793-acre Lot 1. A site plan for Walgreens was approved 6-0 by the Planning and Zoning Commission at the March 20, 2001 meeting. The property has never been platted and is currently vacant and zoned for Industrial (I)uses. The anticipated retail uses are currently allowed within the Industrial District. Financial Considerations Final Plat application fee has been paid. The applicant is aware that impact fees must be paid before the Final Plat can be filed with Collins County. Water- $3,339.95 Sewer - $11,330.68 Other Considerations Staff has reviewed the proposed plat for the Walgreens — Wylie Addition and found it to be in technical compliance with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent ordinances of the City of Wylie. A Final Plat must be approved by the City Council prior to the issuance of a building permit. Board/Commission Recommendations At the March 20, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to favorably recommend this Preliminary Plat. Staff Recommendations Approval. The Department's of Public Works, Fire, Police, and Development Services concur with this recommendation. Attachments Preliminary Plat /1/0414(-)44114'"--- 11! es. Prepared by Revie d by Financ City Manage royal