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07-10-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, July 10, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken CALL TO ORDER INVOCATION&FLEDGE OF ALLEGIANCE CITIZENS PARTICIPATION CONSENT AGENDA matters tip under the Consent Agenda.are considered to be routine by the City Conned and Will be eta by one i . There willnet be separate discussion of these-items-If triseassios .is tietgred, that item wilt he temoved from . t Agenda and wilt be consider seprly. A. Approval of the Minutes from the Regular Meeting of June 12, 2001, Special Called Meeting of June 25, and Regular Meeting of June 26, 2001. SAL CONSIDERATION 1. Consider and act upon an Ordinance formally closing the alley located in Block 7,Brown and Burns Addition. WJOVRNI! +'NT 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 this 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. As a courtesy, this notice is also posted on the Internet at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. VVYLIE CITY COUNCIL AGENDA ITEM NO. I. July 10, 2001 Issue Consider and act upon an Ordinance formally closing the alley located in Block 7, Brown and Burns Addition. Backiround The area in question in located generally at the southwest corner of Jackson Street and Brown Street. Within the block in which the alley is located, portions of the alley have been previously platted over, with structures built in the alley area. Staff believes that the alley has been closed, but has been unable to verify with any formal record. As a part of the sewer line replacement program in this neighborhood several years ago, permission was obtained from the railroad to place a sewer line in the adjacent railroad right-of-way, because of the apparent closure of the alley. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the formal abandonment of the alley located in Block 7, Brown and Burns Addition. 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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING AN UNUSED ALLEY: PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF COLLIN COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the property described herein is an alley in Block 7 of the Brown and Burns Addition, located South of Brown Street, north of Jefferson Street, between Jackson Street and the railroad right-of-way; and WHEREAS, the City of Wylie has determined that the alley described herein is no longer needed for public purposes, utilities or access; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the above-described alley is no longer necessary for public purposes, utilities or access; and should be abandoned. SECTION 2: That this abandonment ordinance shall constitute a Quitclaim Deed and a certified copy of the same may be filed in the Deed Records of Collin County, Texas to indicate such abandonment. SECTION 3: The abandonment provided for herein shall extend only to the public right, title and interest which the City of Wylie, Texas may have in and to said alley, and shall be construed to extend only to such interest that the governing body of the City of Wylie, Texas, may legally and lawfully abandon. SECTION 4: The fact that the above described alley is no longer needed or necessary for public purposes, utilities or access; and that such alley should be abandoned in favor of the adjacent property owner(s), creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provided. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 12th day of July, 2001. John Mondy, Mayor City of Wylie ATTEST: Barbara Salinas, City Secretary City of Wylie, Texas NOTICE OF MEETING WYLTE CITY COUNCIT, AGENDA Tuesday, July 10, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken CALL TO ORDER TGEOAIAN INVOCATION& D r. . CITIZENS PARTICIPATION w _ CONSENT`AGENDA matters lasted under the Consent Agenda are ct dered to be rout by the Coon it and be enacted b one r on 'Where wall ni t be separate discus ion of. ese items.If s Wired, #hat Item will•be remote; from the Consent agenda and ill be considered separately:','; • A. Approval of the Minutes from the Regular Meeting of June 12, 2001, Special Called Meeting of June 25, and Regular Meeting of June 26, 2001. lAteivID`C AL oNs D TIOI t 1. Consider and act upon an Ordinance formally closing the alley located in Block 7,Brown and Burns Addition. ADJOURNMENT, In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. 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 this_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. As a courtesy, this notice is also posted on the Internet at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, June 12, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL-TO ORDER Council Present:Mayor John Mondy,Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C.Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager, Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. INVOCATION&PIItiGFOF II.LEGIANCE Guy Shafer,Metro Church of Garland was present to give the Invocation. Councilman Joel Scott was asked to lead the Pledge of Allegiance. The Mayor then moved to Item 4 on the Agenda. 4. Consider and act upon appointments to the Ambulance Board,Construction Code Board,Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board,Planning and Zoning Commission, Zoning Board of Adjustment and the Wylie Economic Development Corporation to fill any vacancies and for those whose terms expire in July of 2001. Ambulance Board Councilwoman Allen made a motion to reappoint Sharon Trongaard,and appoint Eric Hogue,and Randle Henry to the Ambulance Board for two year terms expiring in July of 2003. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. Construction Code Board Councilman Hogue made a motion to reappoint Frank Spingola and Steve Repasky and appoint Wayne Morman and Mike Phillips each for two year terms ending in July of 2003; and in order to stagger the terms of office, Bradley Heflin and Anthony McElroy to one year terms ending in July of 2002. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. Library Board Councilman Trout made a motion to reappoint Dan Hendrix, Shirley Burnett and Kathy Spillyards to two year terms ending in July of 2003 and to fill a vacancy, appoint Pauline Akin to a one year term ending in July of 2001. Councilman Worley seconded the motion. A vote was taken and the motion was app oved,7-0. Parks and Recreation Board Councilman Hogue made a motion to reappoint Dan Chesnut and appoint Jules Farmer,Ceca Repasky and Steven Boyd all for two year terms expiring in July of 2003. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. Parks and Recreation 4B Board Councilwoman Allen made a motion to reappoint Shirley Burnett,Daniel Chesnut,and Joel Scott and to appoint Eric Hogue all for two year terms ending in July of 2003. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. Minutes of June 12,2001 Wylie City Council Page 1 Planning and Zoning Commission Councilman Trout made a motion to reappoint Tony Snider, Michael George, and William Chapman to the Planning and Zoning Commission for two year terms ending in July of 2003. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. Wylie Economic Development Corporation Board Councilwoman Allen made a motion to reappoint Gary Bowland and Marvin Fuller to the WEDC Board, terms expiring in July of 2004. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. The Mayor then convened into the scheduled Work Session at 6:15 p.m. WORI£SESSIOAT .; Discussion of Ambulance Contract. Chief English presented background information on the original ambulance contract with Fact Texas Medical Center Emergency Medical Service (ETMC-EMS). He stated that the contract originated in 1998 to suit the Southeast Collin County Coalition, which includes the City of Lavon,Lucas,Murphy,Parker, Sachse, St. Paul, and Wylie. Chief English explained that due to the City of Sachse considering withdrawing from the Coalition,it was necessary to renegotiate the contract in order to protect Coalition members and the Coalition as a whole.Chief English explained that the City of Sachse was considering withdrawing from the Coalition in order to begin their own EMS service. He explained that once the City of Sachse approached the Coalition with their proposal,it was decided that it would be mutually beneficial for the Coalition to renegotiate a contract with ETMC-EMS. Chief English stated that after a year of negotiations, the Coalition, including Sachse has agreed on the proposed contract. Chief English stated that the new contract would provide an additional ambulance donated to the Coalition by Fast Texas Medical Services. He stated that the new contract would use adjusted subsidy numbers based on the 2000 census including Collin County subsidies. Chief English explained that the contract would include a Uniform EMS Ordinance,an new Interlocal Agreement with a default clause for Coalition members as well as ETMC-EMS.He also stated that the contract would allow for five transfers per month. Chief English stated that the City of Wylie's subsidy is$31,650.09 per year the first year and is per capita amounts for the following two years. He stated that East Texas Medical Services pays$14,400.00 rent to the city as well as providing all disposable EMS supplies and medical control for the Fire Department EMS and First Responders which would otherwise cost the city approximately$16,000.00 to contract with an outside source. Chief English stated that the Southeast Collin County EMS Coalition recommended to approve this contract and that all member cities would be taking the contract to Council for approval during the month of June. There was some discussion regarding exploring other options for the City in the future Discussion regarding the requested provision of sewer service to a portion of the proposed Estates of Creekside,located within the City of Parker. Presentation by Mr.Gary DeFrain. Mr. Gary Defrain explained that the Planned Development District zoning has been approved within the City of Wylie for both Creekside Estates and the Estates of Creekside.He explained that a portion of the overall Estates of Creekside subdivision is located in the City of Parker between the two Wylie subdivisions.Mr.Defrain requested that Council consider the provision of sewer service to the portion of the subdivision which falls within the city limits of the City of Parker.He stated that he has a proposed interlocal agreement with the City of Wylie and the City of Parker. Discussion regarding an Interlocal Agreement with St.Paul for Sewer Service. Mr.Baron Cook addressed the Council regarding this issue. Mr. Cook requested that Council give the City Manager the authority to enter into an interlocal agreement with the City of St. Paul to provide sewer service to 165 acres. Minutes of June 12,2001 Wylie City Council Page 2 There was some discussion regarding the background of the preliminary plat approval with the City of St.Paul and the size of the lots. After a brief recess,the Mayor reconvened into Regular Session at 7:07 p.m. CONSENT-AGENDA A. Approval of the Minutes from the May 22,2001 Regular Meeting. Councilman Hogue made a motion to approve the Minutes from the May 22,2001 Regular Meeting. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. The Mayor asked that the Council consider Item 3 on the Agenda. T£EMSOR' NDIYIDAI CONSIDERATIONNL1iG�'IO 3. Consider and act upon entering into an Interlocal Agreement with the City of Parker for the provision of sewer services to the proposed Estates at Creekside Subdivision. This item was previously discussed in the scheduled work session. A motion was made by Councilman Scott to deny the Interlocal Agreement with the City of Parker for the provision of sewer services to the proposed Estates at Creekside Subdivision. Councilman Hogue seconded the motion. A vote was taken and the motion to deny was approved,6-1. Councilman Young voting in opposition. Councilman Hogue was then excused from the remainder of the Regular Meeting. 2. Consider and act upon approval of the implementation of the Master Contract for Paramedic Ambulance Services and the Uniform EMS Ordinance between East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service("ETMC-EMS") and the City of Wylie,Texas and other Southeast Collin County Coalition Members including the City of Lavon,Lucas,Murphy,Parker, Sachse, and St. Paul with the initial term of the Agreement effective on the date of final execution as indicated on the contract and ending September 30,2003. This item was previously discussed in the scheduled work session. Councilwoman Allen made a motion to approval of the implementation of the Master Contract for Paramedic Ambulance Services and the Uniform EMS Ordinance between East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS")and the City of Wylie,Texas and other Southeast Collin County Coalition Members including the City of Lavon,Lucas,Murphy,Parker,Sachse,and St.Paul with the initial term of the Agreement effective on the date of final execution as indicated on the contract and ending September 30, 2003, with instruction to staff to begin a review other options. Councilman Scott seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Hogue was previously excused. 5. Consider and act upon a Final Plat for the Shiloh Baptist Church Addition, located at 840 East Brown Street,east of State Highway 78,being all of a certain tract of land situated in the Francisco de la Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. Mr. Claude Thompson arklressed this item providing Council with a brief history of the request. A motion was made by Councilman Scott to approve the Final Plat for the Shiloh Baptist Church Addition,located at 840 East Brown Street, east of State Highway 78,being all of a certain tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Hogue was previously excused. 6. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Retail(R)District to Business-1(B-1)District,for a 4.703 acre tract generally located south of State Highway 78 and south of West Kirby Street (FM 544), situated in the E.C. Davidson Survey, Minutes of June 12,2001 Wylie City Council Page 3 Abstract No. 267 and being Lot 1,block 1 of the Wylie Shopping Village No. 1 Addition, City of Wylie,Collin County,Texas.(Zoning Case 2001-06) Mr. Claude Thompson addressed this item providing Council with a brief history of the request. The applicant was present to address any concerns of the Council. There was some discussion regarding the number of pumps and access to and from State Highway 78 and traffic concerns. Both the applicant and Mr. Thompson addressed the concerns,stating that public safety concerns were approved during the review process and the realignment of State Highway 78 features are aligned with median cuts that can control access,once complete. The Mayor opened the public hearing and asked that anyone wishing to speak either in favor or opposition of the zone change request to come forward,stating their name and address for the record and limiting their comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to approve the request for a change in zoning from Retail (R) District to Business-1 (B-1)District,for a 4.703 acre tract generally located south of State Highway 78 and south of West Kirby Street(FM 544), situated in the E.C. Davidson Survey, Abstract No. 267 and being Lot 1,block 1 of the Wylie Shopping Village No. 1 Addition, City of Wylie, Collin County, Texas. (Zoning Case 2001-06). Councilman Young seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue was previously excused. 7. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture(A)District to Planned Development(PD)District for Church Related Activities,for a 15.00 acre tract generally located at the northwest corner of Country Club Road(FM 1378) and McMillen Road (CR 298), situated in the William Patterson Survey, Abstract No. 716, City of Wylie,Collin County,Texas.(Zoning Case 2001-07) Mr. Claude Thompson addressed this item providing Council with a brief background on the request. Representative from the Wylie United Methodist Church were present to address any concerns of the Council. Reverend John Thornton expressed his appreciation for the support they have received from the City staff with regard to their request, and asked for Council's approval of the zone change. There was some discussion regarding the Council's concern that the applicant educated those property owners who voiced opposition with regard to their intent. Mr. Thompson responded by stating that concerns were addressed at during the public hearing process. It was explained that the entrance signs would be similar in structure to those used at St. Anthony's Catholic Church. The Mayor opened the public hearing and asked that anyone wishing to speak either in favor or opposition of the zone change request to come forward,stating their name and address for the record and limiting their comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Trout made a motion to approve the request for a change in zoning from Agriculture(A)District to Planned Development (PD)District for Church Related Activities,for a 15.00 acre tract generally located at the northwest corner of Country Club Road (FM 1378) and McMillen Road (CR 298), situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,Texas. (Zoning Case 2001-07) Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue was previously excused. TABLED ITEM 1. Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan. Ms.Mindy Manson,Assistant City Manager,addressed this item. She stated that Council had heard presentations from two consulting firms,Wallace,Roberts and Todd and Carter-Burgess, at the Work Session held on May 22, 2001. CITIZENS PARTICIPATION There was no citizen participation. Minutes of June 12,2001 Wylie City Council Page 4 READING OF ORDINANCES TITLE & _CAPTION_APPROVED BY COUNCIL AS' REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13=D. ADJOURNMENT. The meeting was adjourned at 7:35 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of June 12,2001 Wylie City Council Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. I. July 10, 2001 Issue Consider and act upon an Ordinance formally closing the alley located in Block 7, Brown and Burns Addition. Background The area in question in located generally at the southwest corner of Jackson Street and Brown Street. Within the block in which the alley is located, portions of the alley have been previously platted over, with structures built in the alley area. Staff believes that the alley has been closed, but has been unable to verify with any formal record. As a part of the sewer line replacement program in this neighborhood several years ago, permission was obtained from the railroad to place a sewer line in the adjacent railroad right-of-way, because of the apparent closure of the alley. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the formal abandonment of the alley located in Block 7, Brown and Burns Addition. Attachments Ordinance Map At Prepa d by �evi ed by Finance City M ager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING AN UNUSED ALLEY: PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF COLLIN COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the property described herein is an alley in Block 7 of the Brown and Burns Addition, located South of Brown Street, north of Jefferson Street, between Jackson Street and the railroad right-of-way; and WHEREAS, the City of Wylie has determined that the alley described herein is no longer needed for public purposes,utilities or access; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the above-described alley is no longer necessary for public purposes, utilities or access; and should be abandoned. SECTION 2: That this abandonment ordinance shall constitute a Quitclaim Deed and a certified copy of the same may be filed in the Deed Records of Collin County, Texas to indicate such abandonment. SECTION 3: The abandonment provided for herein shall extend only to the public right, title and interest which the City of Wylie, Texas may have in and to said alley, and shall be construed to extend only to such interest that the governing body of the City of Wylie, Texas, may legally and lawfully abandon. SECTION 4: The fact that the above described alley is no longer needed or necessary for public purposes, utilities or access; and that such alley should be abandoned in favor of the adjacent property owner(s), creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage, as the law in such cases provided. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 12th day of July, 2001. John Mondy, Mayor City of Wylie ATTEST: Barbara Salinas, City Secretary City of Wylie, Texas MINUTES Wylie City Council Monday, June 25, 2001 Wylie Municipal Complex—Council Chambers 2000 State IInghway 78 North CALL TO ORDER Council Present: Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy and Mayor Pro Tern Joel Scott were absent. Councilman Worley presided. Staff Present: Mindy Manson,Assistant City Manager and Barbara Salinas,City Secretary. INVOCATION-8r LEM -O GIM Councilman Hogue was asked to provide the invocation and Councilman Trout was asked to lead the pledge of allegiance. ��iBLIC HEE�RT��S -= 1. Hold the first of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey,Abstract No.23 and the Aaron West Survey,Abstract No.979 and located east of F.M.544 and South of Stone Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening,June 26,2001 at 6:00 p.m. with consideration of approval by ordinance on July 24,2001. She stated this annexation was voluntary. Councilman Worley then opened the public hearing, asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. Mr.Phil Clegg,6032 Richwater,Dallas,Texas 75252,representing Realty Development Trust. Mr. Clegg stated that he was representing the developer and landowner for the property proposed for annexation. He stated that this property, in conjunction with the previously annexed property (Bozman) and is part of an overall master plan community. With no further response,Councilman Worley then closed the public hearing. 2. Hold the first of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey, Abstract 688, and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening,June 26,2001 at 6:00 p.m. with consideration of approval by ordinance on July 24,2001. She stated this annexation was voluntary. Councilman Worley then opened the public hearing, asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. Mr.Gene Gilley,5062 South Bennett Road Minutes of April 11,2000 Wylie City Council Page 1 Mr. Gilley expressed his concerns as a property owner with regard to the proposed area for annexation. His concerns are the type of development, lot size and to retain the country atmosphere. He asked that Council consider putting off the annexation unless the developer agrees to build 2-acre minimum lots and have the same type of neighborhood as the surrounding area rather than suburban lots. Mr. Gilley also inquired as to what is now prod Ms. Manson stated that nothing has been submitted and described the process used by the City of Wylie for voluntary annexation. She stated newly annexed property is classified as"A"Agriculture and remains until the property owner requests rezoning Margie Eubanks,no address provided Ms.Eubanks expressed her concerns regarding the proposed annexation stating that she believes the area to be in a flood plain,therefore useless for building homes. She also stated that she like living in the country and would like to see 2 acre lots. She asked who would supply the water, sewage and maintain the streets. Ms. Manson stated that East Fork would supply the water and the City would be responsible for sewer and streets. There was some discussion regarding the proposed LakeshoreDrive. Ms. Manson stated that this was part of the Concept Plan as approved in July of 1999 and that currently there is no alignment,as it is a part of the overall thoroughfare plan and the location for the four lane drive is general only. Ms Eubanks inquired if the developer/property owners would be present at tomorrow's meeting and present some idea as to what their intentions are for the property. Ms. Manson stated that it was unknown and reminded those present that the meeting tomorrow would be exactly the same with regard to the public hearing process. She stated that they were all welcome to attend,but that their comments this evening would be part of the minutes. With no further comment,Councilman Worley then closed the public hearing. 3. Hold the first of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W. Williams Survey,Abstract No.980 and located east of S.Ballard and north of Elm Street. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening,June 26,2001 at 6:00 p.m. with consideration of approval by ordinance on July 24,2001. She stated this annexation was voluntary. Councilman Worley then opened the public hearing, asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. Steve Parsons,no address provided Mr.Parsons stated that his company owns the property adjoining to the east and that he is the property owner. Mr. Parsons stated that he would like to be annexed in order to bring in utilities and develop the property into single family lots. With no further comment,Councilman Worley then closed the public hearing £ITI7FNS PARTICIPATION There was no participation. Minutes of Apn711,2000 Wylie City Council Page 2 ADJONT With no further business to come before Council the meeting was adjourned at 6:25 p.m. Councilman J.C.Worley,Presiding ATTEST: Barbara A Salinas,City Secretary Minutes of April 11,2000 Wylie City Council Page 3 MINUTES Wylie City Council Tuesday, June 26, 2001 Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present: Mayor John Mondy, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman J.C. Worley. Councilman Joel Scott,Councilman Merrill Young and Councilman Chris Trout were absent. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager, Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. 3NXOC-ATION_- PLEDGE=OF ALLEGIANCE Councilman Hogue was asked to provide the Invocation and Councilman Worley was asked to lead the Pledge of Allegiance. )A1'II OF O IG - The Mayor administer the Oath of Office to newly appointed and reappointed Board and Commission Members. CONSENT- iGENDi= _-_ A. Consider and at upon approval of final acceptance of the Newport Harbor Pump Station, and authorize final payment to Triple D Inc., in the amount of$25,563.19 and accept the project as complete. B. Consider and act upon an Ordinance amending Ordinance No. 2001-22 establishing a license agreement with Aerie Network Services,Inc. C. Consider and act upon a Resolution authorizing the Mayor to enter into a contract with Linebarger Heard Goggan Blair Graham Pena Sampson,LLP,Attorneys at Law,in association with Nichols, Jackson,Dillard,Hager&Smith,LLP,Attorneys&Counselors at Law,for professional services in the collection of delinquent ad valorem taxes for the City of Wylie,Texas. Councilman Hogue made a motion to approve Consent Agenda Items A,B,and C. Councilman Worley seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent INDIVIDUAI;CONSIDERATION AND ACTION 1. Consider and act upon awarding a contract for the provision of Wrecker Service. Police Chief, Jeff Butters provided Council with a brief background on the request to award the Wrecker Service contract to Wylie Auto Towing. Councilman Worley made a motion to approve awarding the contract for the provision of Wrecker Service to Wylie Auto Towing. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 1 2. Consider and act upon awarding the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Robert Diaz, Assistant Superintendent for the Parks and Recreation Department addressed this item providing Council with a brief history of the request. Mr. Diaz stated that Pepsi would be replacing five score boards and would be providing two in addition,upon completion of Founders Park Councilman Hogue made a motion to award the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout were absent. Publialear`ngs -= =_ 3. Hold the second of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey,Abstract No.23 and the Aaron West Survey,Abstract No.979 and located east of F.M.544 and South of Stone Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. 4. Hold the second of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey,Abstract 688,and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. 5. Hold the second of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W.Williams Survey,Abstract No.980 and located east of S.Ballard and north of Elm Street. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. At 6:13 p.m., the Mayor then announced that the Council would convene into Executive Session in accordance with Section 551.071Consultation with Attorney to discuss issues related to the Planning Items on this evening's agenda. Minutes of June 26,2001 Wylie City Council Page 2 There was no action taken as a result of the executive session. The Mayor then reconvened into Regular Session at 7:03 p.m. Planning Items 6. Consider and act upon a Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, the M. Phelan, Survey, Abstract No. 695, and the D. Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Coffin County,Texas. Mr. Claude Thompson addressed this item providing Council with a brief history of the request for final plat and waiver of alley approval. Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 2A Addition includes 70.383 acres and will create 226 single-family residential lots and that the Plat will also create two public parks totaling approximately 5 acres, as well as parts of the Sanden Boulevard, Westgate Way and Ann Drive collector streets. The property is zoned Single Family-3 Residential(SF-3),requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. Mr. Thompson stated that on June 15, 1999, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 2 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for traffic congestion,open drainage and park land dedication. However,the City Council approved the Preliminary Plat on July 13,1999,as Phase 2 of the Birmingham Farms Addition. That earlier-approved Preliminary Plat totaled approximately 78.8 acres and included an additional 64 Two-Family(2F)Residential lots on 23.7 acres as well as 219 Single-Family-3 (SF-3) lots on 55.1 acres. The Final Plat under current consideration is the SF-3 portion of the approved Preliminary Plat, and the 2F portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Mr. Thompson stated that Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. He stated that the City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." Mr. Thompson stated that the applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2A because it lacked the required alleys,and did not adequately address concerns of open drainage and traffic access and circulation. An initial motion to approve with some alleys as proposed by the applicant died for lack of a second.Mr.Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement and that the applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Mayor confirmed with the City Attorney that it would require a majority vote, (4-0)for Council to override the denial by the Commission. Councilman Worley made a motion to approve the Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,the M Phelan,Survey,Abstract No. 695,and the D.Williams Survey,Abstract No. 1021,City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Minutes of June 26,2001 Wylie City Coundi Page 3 Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. 7. Consider and act upon a Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D.'Williams Survey, Abstract No. 1021,City of Wylie,Collin County,Texas,being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Mr.Claude Thompson addressed this item providing Council with a history of the request. Mr.Thompson stated that the Final Plat of the Birmingham Farms Phase 2B Addition includes 22.973 acres and will create 65 two-family residential(duplex)lots. The property is zoned Two-Family Residential(2F),requiring a minimum lot size of 8,500 square feet. All of the proposed lots significantly exceed the minimum required size. Mr. Thompson stated that at their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 2 of the Birmingham Farms Addition, following the City staff's recommendation of denial. Staff and Commission expressed concern for traffic congestion,open drainage and park land dedication. However,the City Council approved the Preliminary Plat on July 13, 1999, as Phase 2 of the Birmingham Farms Addition. That earlier-approved Preliminary Plat totaled approximately 78.8 acres and included an additional 219 Single-Family-3(SF-3)lots on 55.1 acres as well as 64 Two-Family(2F)Residential lots on 23.7 acres. The Final Plat under current consideration is the 2F portion of the approved Preliminary Plat, and the SF-3 portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Mr. Thompson stated that Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2B, because it failed to provide the required alleys. Mr. Thompson stated that staff recommends approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Hogue made a motion to approve the Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County,Texas,being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 4 8. Consider and act upon a Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd.as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Mr. Claude Thompson addressed this item providing Council with a brief history of the request. Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 3A Addition includes 62.885 acres and will create 174 single-family residential lots. The Plat will also create a 5.3-acra public park,as well as part of the Park Boulevard collector street. The majority of the property is zoned Single Family-2 Residential(SF-2),requiring a minimum lot size of 8,500 square feet. The eastern portion of the property is zoned Single-Family-1 Residential (SF-1), requiring a minimum lot size of 10,000 square feet. At their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 3 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled ap.roximately 116.4 acres and included 303 Single-Family-2(SF- 2)Residential lots and 54 Single-Family-1 (SF-1)as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3A An initial motion to recommend approval with the addition of some alleys as proposed by the applicant died for lack of a second. Mr. Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. He stated that the applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve the Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,and the C.McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 5 9. Consider and act upon a Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys,being all of a certain 45.182 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd.as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Mr. Claude Thompson provided Council with a brief history of the request Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 3B Addition includes 45.182 acres and will create 149 single-family residential lots. The majority of the property is zoned Single Family-2 Residential(SF-2),requiring a minimum lot size of 8,500 square feet The eastern portion of the property is zoned Single Family-1 Residential(SF-1), requiring a minimum lot size of 10,000 square feet At their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 3 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled approximately 116.4 acres and included 303 Single Family-2(SF- 2)Residential lots and 54 Single Family-1 (SF-1)as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3B. Staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Hogue made a motion to approve the Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys,being all of a certain 45.182 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,and the C.McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. 10. Consider and act upon a Final Plat for the Meadows of Birmingham Addition,including a waiver of alleys,being all of a certain 61.997 acre tract of land situated in the M.Phelan Survey,Abstract No.695,and the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Minutes of June 26,2001 Wylie City Council Page 6 Mr. Claude Thompson addressed this item providing a brief background on the request. Mr. Thompson stated that the Final Plat of the Meadows of Birmingham Addition includes 61.997 acres and will create 216 single- family lots. The Plat will also create two public parks totaling approximately 7 acres, as well as parts of the Westgate Way and Ann Drive collector streets. The property is zoned Single Family Residential-3 (SF-3), requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. At their June 1, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase I of the Birmingham Farms Addition, expressing concern for traffic congestion, limited points of ingress/egress, open drainage,park dedication and thoroughfare screening. However,based on the staff's recommendation that the Plat complied with all applicable subdivision regulations and other applicable ordinances of the City of Wylie,the City Council approved the Preliminary Plat on June 22, 1999, as Phase I of the Birmingham Farms Addition. That earlier-approved Preliminary Plat contained approximately 65.3 acres and created 219 lots,but did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its ap royal of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. The applicant must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 6-0 to deny the Final Plat for the Meadows of Birmingham because it did not provide the required alleys and did not adequately address drainage concerns. Mr. Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the sizes of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve Final Plat for the Meadows of Birmingham Addition,including a waiver of alleys,being all of a certain 61.997 acre tract of land situated in the M Phelan Survey,Abstract No. 695, and the D. Williams Survey,Abstract No. 1021, City of Wylie, Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. 11. Consider and act upon a Final Plat for the Sage Creek North Addition,including a waiver of alleys, being all of a certain 50.7752 acre tract of land situated in the John W.Mitchell Survey,Abstract No. 589, City of Wylie, Collin County,Texas,and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County,Texas. Mr. Claude Thompson addressed this item providing Council with a brief background of the request.The Final Plat of the Sage Creek North Addition includes 50.7752 acres and will create 155 single-family residential lots. The Plat will also create a 4.223-acre public park as well as a total of 3.597 of common open space to be maintained by the Homeowners Association. The Plat also provides additional right-of-way for the future improvement oaf McMillen Road. Minutes of June 26,2001 Wylie City Council Page 7 The property is zoned Planned Development District(PD 2000-22)for Single Family Residential Uses,approved by the City Council on April 11, 2000. The Conditions of the PD specifically limit the development to a total of 155 lots and an overall density of 3.05 dwelling units per acre, including 80 Single Family-3 Residential lots (7,200 square feet minimum lot size), 47 Single Family-2 Residential (8,500 square feet lots) and 28 Single Family-1 Residential (requiring a minimum lot size of 10,000 square feet). The approved PD also included a Concept Plan which established the general configuration of streets,lots and open space. The Development Conditions and Concept Plan of the approved Planned Development District does not reflect alleys, nor did the approved Development Plan/Preliminary Plat,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Concept Plan of the Planned Development District and of the Development Plan/Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 3-3 to recommend approval of the Final Plat for the Sage Creek North Addition and a waiver of the alley requirement. A previous motion to deny the Plat and requested alley waiver died for lack of a second. Staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve the Final Plat for the Sage Creek North Addition, including a waiver of alleys,being all of a certain 50.7752 acre tract of land situated in the John W.Mitchell Survey,Abstract No. 589, City of Wylie, Collin County,Texas,and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County,Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott, Young and Trout were absent. 12. Consider and act upon a Final Plat for the Walgreens-Wylie Addition,being all of a certain 5.422 acre tract of land situated in the S.B.Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. Mr. Claude Thompson provided a brief history of the request. He stated that the Final 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. The property has never been platted and is currently vacant and zoned for Industrial (I) uses. The anticipated retail use is currently allowed within the Industrial District. A Preliminary Plat and Site Plan for the subject property were approved by the Planning and Zoning Commission on March 20,2001. The City Council approved the Preliminary Plat on April 10,2001. He stated that staff has reviewed the proposed Final Plat for the Walgreens-Wylie Addition and found it to conform substantially to the approved Preliminary Plat and to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. At the June 19,2001 Planning and Zoning Commission meeting,the Commission voted 6-0 to approve the Final Plat for the Walgreens-Wylie Addition. He stated that staff is recommending approval. Councilman Hogue made a motion to approve the Final Plat for the Walgreens-Wylie Addition, being all of a certain 5.422 acre tract of land situated in the S.B. Shelby Survey,Abstract No. 820,City of Wylie,Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Coundl Page 8 13. Consider and act upon a Preliminary Plat for the Kirby 78 Addition,being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Mr. Claude Thompson addressed this item providing a brief history of the request. He stated that the Preliminary Plat under consideration will create a single lot of approximately 2.4 acres,to accommodate a free-standing retail use(CVS Pharmacy). The Plat incorporates the abandoned railroad corridor,and dedicates approximately 0.13 acres of right-of-way for the future improvement of the F.M 544/S.H. 78 intersection. The property is zoned for Industrial(I)uses. The anticipated pharmacy is currently allowed within the Industrial District Staff has reviewed the proposed Preliminary Plat for the Kirby 78 Addition and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. The Plat dedicates right-of-way for the future improvement of the intersection of P.M. 544 and S.H. 78. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 5-1 to deny the Preliminary Plat for the Kirby 78 Addition,because the applicant was not present to address concerns raised by summary review of the Site Plan of the subject property. Discussion on the Site Plan was tabled by a vote of 6-0 until the July 3,2001 Planning and Zoning Commission meeting because the applicant was not present to defend the plan. Staff is recommending approval. Councilman Worley made a motion to approve the Preliminary Plat for the Kirby 78 Addition, being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout were absent. Prior to Citizens Participation,the Mayor announced that he would like the City Manager to consult with the City Attorney drafting a policy addressing the validity of alley waivers for any purpose other than hardship. 1TIZENS PARTICIPATION =_ There was no citizen's participation ADJOURNMENT With no further business to come before Council the meeting was adjourned at 7:19 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of June 26,2001 Wylie City Counca7 Page 9 MINUTES Wylie City Council Tuesday, June 12, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present:Mayor John Mondy,Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. OCATION&PLEDGE OF ALLEGIANCE Guy Shafer,Metro Church of Garland was present to give the Invocation. Councilman Joel Scott was asked to lead the Pledge of Allegiance. The Mayor then moved to Item 4 on the Agenda. 4. Consider and act upon appointments to the Ambulance Board,Construction Code Board,Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Zoning Board of Adjustment and the Wylie Economic Development Corporation to fill any vacancies and for those whose terms expire in July of 2001. Ambulance Board Councilwoman Allen made a motion to reappoint Sharon Trongaard,and appoint Eric Hogue,and Randle Henry to the Ambulance Board for two year terms expiring in July of 2003. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. Construction Code Board Councilman Hogue made a motion to reappoint Frank Spingola and Steve Repasky and appoint Wayne Morman and Mike Phillips each for two year terms ending in July of 2003; and in order to stagger the terms of office, Bradley Heflin and Anthony McElroy to one year terms ending in July of 2002. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. Library Board Councilman Trout made a motion to reappoint Dan Hendrix, Shirley Burnett and Kathy Spillyards to two year terms ending in July of 2003 and to fill a vacancy, appoint Pauline Akin to a one year term ending in July of 2001. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. Parks and Recreation Board Councilman Hogue made a motion to reappoint Dan Chesnut and appoint Jules Farmer,Ceca Repasky and Steven Boyd all for two year terms expiring in July of 2003. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. Parks and Recreation 4B Board Councilwoman Allen made a motion to reappoint Shirley Burnett,Daniel Chesnut,and Joel Scott and to appoint Eric Hogue all for two year terms ending in July of 2003. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. Minutes of June 12,2001 Wylie City Council Page 1 Planning and Zoning Commission Councilman Trout made a motion to reappoint Tony Snider, Michael George, and William Chapman to the Planning and Zoning Commission for two year terms ending in July of 2003. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. Wylie Economic Development Corporation Board Councilwoman Allen made a motion to reappoint Gary Bowland and Marvin Fuller to the WEDC Board, terms expiring in July of 2004. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. The Mayor then convened into the scheduled Work Session at 6:15 p.m. W©R S SSJOhT Discussion of Ambulance Contract. Chief English presented background information on the original ambulance contract with East Texas Medical Center Emergency Medical Service (ETMC-EMS). He stated that the contract originated in 1998 to suit the Southeast Collin County Coalition, which includes the City of Lavon,Lucas,Murphy,Parker, Sachse, St. Paul, and Wylie. Chief English explained that due to the City of Sachse considering withdrawing from the Coalition,it was necessary to renegotiate the contract in order to protect Coalition members and the Coalition as a whole. Chief English explained that the City of Sachse was considering withdrawing from the Coalition in order to begin their own EMS service. He explained that once the City of Sachse approached the Coalition with their proposal,it was decided that it would be mutually beneficial for the Coalition to renegotiate a contract with ETMC-EMS. Chief English stated that after a year of negotiations, the Coalition, including Sachse has agreed on the proposed contract. Chief English stated that the new contract would provide an additional ambulance donated to the Coalition by East Texas Medical Services. He stated that the new contract would use adjusted subsidy numbers based on the 2000 census including Collin County subsidies. Chief English explained that the contract would include a Uniform EMS Ordinance,an new Interlocal Agreement with a default clause for Coalition members as well as ETMC-EMS. He also stated that the contract would allow for five transfers per month. Chief English stated that the City of Wylie's subsidy is$31,650.09 per year the first year and is per capita amounts for the following two years. He stated that Fast Texas Medical Services pays$14,400.00 rent to the city as well as providing all disposable EMS supplies and medical control for the Fire Department EMS and First Responders which would otherwise cost the city approximately$16,000.00 to contract with an outside source. Chief English stated that the Southeast Collin County EMS Coalition recommended to approve this contract and that all member cities would be taking the contract to Council for approval during the month of June. There was some discussion regarding exploring other options for the City in the future Discussion regarding the requested provision of sewer service to a portion of the proposed Estates of Creekside,located within the City of Parker. Presentation by Mr.Gary Derain. Mr. Gary Defrain explained that the Planned Development District zoning has been approved within the City of Wylie for both Creekside Estates and the Estates of Creekside.He explained that a portion of the overall Estates of Creekside subdivision is located in the City of Parker between the two Wylie subdivisions.Mr.Defrain requested that Council consider the provision of sewer service to the portion of the subdivision which falls within the city limits of the City of Parker.He stated that he has a proposed interlocal agreement with the City of Wylie and the City of Parker. Discussion regarding an Interlocal Agreement with St.Paul for Sewer Service. Mr.Baron Cook addressed the Council regarding this issue. Mr. Cook requested that Council give the City Manager the authority to enter into an interlocal agreement with the City of St.Paul to provide sewer service to 165 acres. Minutes of June 12,2001 Wylie City Council Page 2 There was some discussion regarding the background of the preliminary plat approval with the City of St.Paul and the size of the lots. After a brief recess,the Mayor reconvened into Regular Session at 7:07 p.m. CONSENT AGENDA A. Approval of the Minutes from the May 22,2001 Regular Meeting. Councilman Hogue made a motion to approve the Minutes from the May 22,2001 Regular Meeting. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. The Mayor asked that the Council consider Item 3 on the Agenda ITEMS FOR INDIVIDUAL.CONSIDERATION AND ACTION 3. Consider and act upon entering into an Interlocal Agreement with the City of Parker for the provision of sewer services to the proposed Estates at Creekside Subdivision. This item was previously discussed in the scheduled work session. A motion was made by Councilman Scott to deny the Interlocal Agreement with the City of Parker for the provision of sewer services to the proposed Estates at Creekside Subdivision. Councilman Hogue seconded the motion. A vote was taken and the motion to deny was approved,6-1. Councilman Young voting in opposition. Councilman Hogue was then excused from the remainder of the Regular Meeting. 2. Consider and act upon approval of the implementation of the Master Contract for Paramedic Ambulance Services and the Uniform EMS Ordinance between East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service("ETMC-EMS") and the City of Wylie,Texas and other Southeast Collin County Coalition Members including the City of Lavon,Lucas,Murphy,Parker, Sachse, and St. Paul with the initial term of the Agreement effective on the date of final execution as indicated on the contract and ending September 30,2003. This item was previously discussed in the scheduled work session. Councilwoman Allen made a motion to approval of the implementation of the Master Contract for Paramedic Ambulance Services and the Uniform EMS Ordinance between Fast Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS")and the City of Wylie,Texas and other Southeast Collin County Coalition Members including the City of Lavon,Lucas,Murphy,Parker,Sachse,and St.Paul with the initial term of the Agreement effective on the date of final execution as indicated on the contract and ending September 30, 2003, with instruction to staff to begin a review other options. Councilman Scott seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Hogue was previously excused. 5. Consider and act upon a Final Plat for the Shiloh Baptist Church Addition, located at 840 East Brown Street,east of State Highway 78,being all of a certain tract of land situated in the Francisco de la Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas. Mr. Claude Thompson addressed this item providing Council with a brief history of the request. A motion was made by Councilman Scott to approve the Final Plat for the Shiloh Baptist Church Addition,located at 840 East Brown Street, east of State Highway 78,being all of a certain tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Hogue was previously excused. 6. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Retail(R)District to Business-1(B-1)District,for a 4.703 acre tract generally located south of State Highway 78 and south of West Kirby Street (FM 544), situated in the E.C. Davidson Survey, Minutes of June 12,2001 Wylie City Council Page 3 Abstract No. 267 and being Lot 1, block 1 of the Wylie Shopping Village No. 1 Addition, City of Wylie,Collin County,Texas.(Zoning Case 2001-06) Mr. Claude Thompson addressed this item providing Council with a brief history of the request. The applicant was present to address any concerns of the Council. There was some discussion regarding the number of pumps and access to and from State Highway 78 and traffic concerns. Both the applicant and Mr. Thompson addressed the concerns, stating that public safety concerns were approved during the review process and the realignment of State Highway 78 features are aligned with median cuts that can control access,once complete. The Mayor opened the public hearing and asked that anyone wishing to speak either in favor or opposition of the zone change request to come forward,stating their name and address for the record and limiting their comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to approve the request for a change in zoning from Retail (R) District to Business-1 (B-1)District,for a 4.703 acre tract generally located south of State Highway 78 and south of West Kirby Street(FM 544), situated in the E.C. Davidson Survey, Abstract No. 267 and being Lot 1,block 1 of the Wylie Shopping Village No. 1 Addition, City of Wylie, Collin County, Texas. (Zoning Case 2001-06). Councilman Young seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue was previously excused. 7. Hold a public hearing to consider and act upon approval of a request for a change in zoning from Agriculture(A)District to Planned Development(PD)District for Church Related Activities,for a 15.00 acre tract generally located at the northwest corner of Country Club Road(FM 1378) and McMillen Road (CR 298), situated in the William Patterson Survey, Abstract No. 716, City of Wylie,Collin County,Texas.(Zoning Case 2001-07) Mr. Claude Thompson addressed this item providing Council with a brief background on the request. Representative from the Wylie United Methodist Church were present to address any concerns of the Council. Reverend John Thornton expressed his appreciation for the support they have received from the City staff with regard to their request, and asked for Council's approval of the zone change. There was some discussion regarding the Council's concern that the applicant educated those property owners who voiced opposition with regard to their intent. Mr. Thompson responded by stating that concerns were addressed at during the public hearing process. It was explained that the entrance signs would be similar in structure to those used at St. Anthony's Catholic Church. The Mayor opened the public hearing and asked that anyone wishing to speak either in favor or opposition of the zone change request to come forward,stating their name and address for the record and limiting their comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Trout made a motion to approve the request for a change in zoning from Agriculture(A)District to Planned Development(PD)District for Church Related Activities,for a 15.00 acre tract generally located at the northwest corner of Country Club Road (FM 1378) and McMillen Road (CR 298), situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,Texas. (Zoning Case 2001-07) Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue was previously excused. TABLED ITEM 1. Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan. Ms.Mindy Manson,Assistant City Manager,addressed this item. She stated that Council had heard presentations from two consulting firms,Wallace,Roberts and Todd and Carter-Burgess, at the Work Session held on May 22, 2001. CITIZENS PARTICIPATION There was no citizen participation. Minutes of June 12,2001 Wylie City Council Page 4 READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE th Y CHAR'R,ARTICLE III,SECTION 13 I). ADJOURNMENT, The meeting was adjourned at 7:35 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of June 12,2001 Wylie City Council Page 5 MINUTES Wylie City Council Monday, June 25, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present: Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy and Mayor Pro Tern Joel Scott were absent. Councilman Worley presided. Staff Present: Mindy Manson,Assistant City Manager and Barbara Salinas,City Secretary. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Hogue was asked to provide the invocation and Councilman Trout was asked to lead the pledge of allegiance. PUBLIC H PARINGS 1. Hold the first of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey,Abstract No.23 and the Aaron West Survey,Abstract No.979 and located east of F.M.544 and South of Stone Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening,June 26,2001 at 6:00 p.m. with consideration of approval by ordinance on July 24,2001. She sta ed this annexation was voluntary. Councilman Worley then opened the public hearing, asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. Mr.Phil Clegg,6032 Richwater,Dallas,Texas 75252,representing Realty Development Trust. Mr. Clegg stated that he was representing the developer and landowner for the property proposed for annexation. He stated that this property, in conjunction with the previously annexed property (Bozman) and is part of an overall master plan community. With no further response,Councilman Worley then closed the public hearing. 2. Hold the first of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey, Abstract 688, and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening,June 26,2001 at 6:00 p.m. with consideration of approval by ordinance on July 24,2001. She stated this annexation was voluntary. Councilman Worley then opened the public hearing, asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. Mr.Gene Gilley,5062 South Bennett Road Minutes of April 11,2000 Wylie City Council Page 1 Mr. Gilley expressed his concerns as a property owner with regard to the proposed area for annexation. His concerns are the type of development, lot size and to retain the country atmosphere. He asked that Council consider putting off the annexation unless the developer agrees to build 2-acre minimum lots and have the same type of neighborhood as the surrounding area rather than suburban lots. Mr. Gilley also inquired as to what is now proposed. Ms. Manson stated that nothing has been submitted and described the process used by the City of Wylie for voluntary annexation. She stated newly annexed property is classified as "A"Agriculture and remains until the property owner requests rezoning. Margie Eubanks,no address provided Ms.Eubanks expressed her concerns regarding the proposed annexation stating that she believes the area to be in a flood plain,therefore useless for building homes. She also stated that she like living in the country and would like to see 2 acre lots. She asked who would supply the water, sewage and maintain the streets. Ms. Manson stated that East Fork would supply the water and the City would be responsible for sewer and streets. There was some discussion regarding the proposed LakeshoreDrive. Ms. Manson stated that this was part of the Concept Plan as approved in July of 1999 and that currently there is no alignment, as it is a part of the overall thoroughfare plan and the location for the four lane drive is general only. Ms Eubanks inquired if the developer/property owners would be present at tomorrow's meeting and present some idea as to what their intentions are for the property. Ms. Manson stated that it was unknown and reminded those present that the meeting tomorrow would be exactly the same with regard to the public hearing process. She stated that they were all welcome to attend,but that their comments this evening would be part of the minutes. With no further comment,Councilman Worley then closed the public hearing 3. Hold the first of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W. Williams Survey,Abstract No.980 and located east of S.Ballard and north of Elm Street. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that the second public hearing is scheduled for tomorrow evening,June 26,2001 at 6:00 p.m. with consideration of approval by ordinance on July 24,2001. She stated this annexation was voluntary. Councilman Worley then opened the public hearing, asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. Steve Parsons,no address provided Mr.Parsons stated that his company owns the property adjoining to the east and that he is the property owner. Mr. Parsons stated that he would like to be annexed in order to bring in utilities and develop the property into single family lots. With no further comment,Councilman Worley then closed the public hearing CITIZENS PARTICIPATION There was no participation. Minutes of April 11,2000 Wylie City Council Page 2 ADJOURNMENT With no further business to come before Council the meeting was adjourned at 6:25 p.m. Councilman J.C.Worley,Presiding ATTEST: Barbara A Salinas,City Secretary Minutes of April 11,2000 Wylie City Council Page 3 MINUTES Wylie City Council Tuesday, June 26, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present: Mayor John Mondy, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman J.C. Worley. Councilman Joel Scott,Councilman Merrill Young and Councilman Chris Trout were absent. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. INVOCATION&PLEDGE OF ALI`F GIANCE Councilman Hogue was asked to provide the Invocation and Councilman Worley was asked to lead the Pledge of Allegiance. OATH OF OFFICE The Mayor administer the Oath of Office to newly appointed and reappointed Board and Commission Members. CONSENT AGENDA A. Consider and at upon approval of final acceptance of the Newport Harbor Pump Station, and authorize final payment to Triple D Inc., in the amount of$25,563.19 and accept the project as complete. B. Consider and act upon an Ordinance amending Ordinance No. 2001-22 establishing a license agreement with Aerie Network Services,Inc. C. Consider and act upon a Resolution authorizing the Mayor to enter into a contract with Linebarger Heard Goggan Blair Graham Pena Sampson,LLP,Attorneys at Law,in association with Nichols, Jackson,Dillard,Hager&Smith,LLP,Attorneys&Counselors at Law,for professional services in the collection of delinquent ad valorem taxes for the City of Wylie,Texas. Councilman Hogue made a motion to approve Consent Agenda Items A,B,and C. Councilman Worley seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. INDIVIDUAL CONSIDERATION AND ACTION 1. Consider and act upon awarding a contract for the provision of Wrecker Service. Police Chief, Jeff Butters provided Council with a brief background on the request to award the Wrecker Service contract to Wylie Auto Towing. Councilman Worley made a motion to approve awarding the contract for the provision of Wrecker Service to Wylie Auto Towing. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 1 2. Consider and act upon awarding the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Robert Diaz, Assistant Superintendent for the Parks and Recreation Department addressed this item providing Council with a brief history of the request. Mr. Diaz stated that Pepsi would be replacing five score boards and would be providing two in addition,upon completion of Founders Park. Councilman Hogue made a motion to award the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout were absent. Public Hearings 3. Hold the second of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey,Abstract No.23 and the Aaron West Survey,Abstract No.979 and located east of F.M.544 and South of Stone Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. 4. Hold the second of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey,Abstract 688,and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. 5. Hold the second of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W.Williams Survey,Abstract No.980 and located east of S.Ballard and north of Elm Street. Ms.Mindy Manson,Assistant City Manager addressed this item,providing Council with a brief background on the request for annexation. Ms. Manson provided a description of the property location and detailed the annexation schedule. She stated that this is the second public hearing with consideration of approval by ordinance on July 24, 2001. She stated this annexation was voluntary. Mayor Mondy then opened the public hearing,asking that anyone wishing to speak either in favor or opposition of the annexation request to come forward, state their name and address for the record and limit their comments to three minutes. With no response,the Mayor then closed the public hearing. At 6:13 p.m., the Mayor then announced that the Council would convene into Executive Session in accordance with Section 551.071Consultation with Attorney to discuss issues related to the Planning Items on this evening's agenda. Minutes of June 26,2001 Wylie City Council Page 2 There was no action taken as a result of the executive session. The Mayor then reconvened into Regular Session at 7:03 p.m. Planning Items 6. Consider and act upon a Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, the M. Phelan, Survey, Abstract No. 695, and the D. Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Mr. Claude Thompson addressed this item providing Council with a brief history of the request for final plat and waiver of alley approval. Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 2A Addition includes 70.383 acres and will create 226 single-family residential lots and that the Plat will also create two public parks totaling approximately 5 acres, as well as parts of the Sanden Boulevard, Westgate Way and Ann Drive collector streets. The property is zoned Single Family-3 Residential(SF-3),requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. Mr. Thompson stated that on June 15, 1999, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 2 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for traffic congestion,open drainage and park land dedication. However,the City Council approved the Preliminary Plat on July 13, 1999,as Phase 2 of the Birmingham Farms Addition. That earlier-approved Preliminary Plat totaled approximately 78.8 acres and included an additional 64 Two-Family(2F)Residential lots on 23.7 acres as well as 219 Single-Family-3 (SF-3) lots on 55.1 acres. The Final Plat under current consideration is the SF-3 portion of the approved Preliminary Plat, and the 2F portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Mr. Thompson stated that Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. He stated that the City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." Mr. Thompson stated that the applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2A because it lacked the required alleys,and did not adequately address concerns of open drainage and traffic access and circulation. An initial motion to approve with some alleys as proposed by the applicant died for lack of a second.Mr. Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement and that the applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Mayor confirmed with the City Attorney that it would require a majority vote, (4-0)for Council to override the denial by the Commission. Councilman Worley made a motion to approve the Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,the M Phelan,Survey,Abstract No. 695,and the D.Williams Survey,Abstract No. 1021,City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Minutes of June 26,2001 Wylie City Council Page 3 Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. 7. Consider and act upon a Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D.Williams Survey, Abstract No. 1021,City of Wylie,Collin County,Texas,being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Mr.Claude Thompson addressed this item providing Council with a history of the request. Mr.Thompson stated that the Final Plat of the Birmingham Farms Phase 2B Addition includes 22.973 acres and will create 65 two-family residential(duplex)lots. The property is zoned Two-Family Residential(2F),requiring a minimum lot size of 8,500 square feet. All of the proposed lots significantly exceed the minimum required size. Mr. Thompson stated that at their June 15, 1999 meeting, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 2 of the Birmingham Farms Addition, following the City staff's recommendation of denial. Staff and Commission expressed concern for traffic congestion,open drainage and park land dedication. However,the City Council approved the Preliminary Plat on July 13, 1999, as Phase 2 of the Birmingham Farms Addition. That earlier-approved Preliminary Plat totaled approximately 78.8 acres and included an additional 219 Single-Family-3 (SF-3)lots on 55.1 acres as well as 64 Two-Family(2F)Residential lots on 23.7 acres. The Final Plat under current consideration is the 2F portion of the approved Preliminary Plat, and the SF-3 portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Mr. Thompson stated that Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adegnatPly accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2B, because it failed to provide the required alleys. Mr. Thompson stated that staff recommends approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Hogue made a motion to approve the Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County,Texas,being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 4 8. Consider and act upon a Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd.as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Mr. Claude Thompson addressed this item providing Council with a brief history of the request. Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 3A Addition includes 62.885 acres and will create 174 single-family residential lots. The Plat will also create a 5.3-acra public park,as well as part of the Park Boulevard collector street. The majority of the property is zoned Single Family-2 Residential(SF-2),requiring a minimum lot size of 8,500 square feet. The eastern portion of the property is zoned Single-Family-1 Residential (SF-1), requiring a minimum lot size of 10,000 square feet. At their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 3 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled approximately 116.4 acres and included 303 Single-Family-2(SF- 2)Residential lots and 54 Single-Family-1 (SF-1)as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3) states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3A. An initial motion to recommend approval with the addition of some alleys as proposed by the applicant died for lack of a second Mr. Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. He stated that the applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve the Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,and the C.McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 5 9. Consider and act upon a Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys,being all of a certain 45.182 acre tract of land situated in the C.Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd.as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Mr. Claude Thompson provided Council with a brief history of the request. Mr. Thompson stated that the Final Plat of the Birmingham Farms Phase 3B Addition includes 45.182 acres and will create 149 single-family residential lots. The majority of the property is zoned Single Family-2 Residential(SF-2),requiring a minimum lot size of 8,500 square feet. The eastern portion of the property is zoned Single Family-1 Residential (SF-1), requiring a minimum lot size of 10,000 square feet. At their June 15, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property,then identified as Phase 3 of the Birmingham Farms Addition,following the City staff's recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled approximately 116.4 acres and included 303 Single Family-2(SF- 2)Residential lots and 54 Single Family-1 (SF-1)as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant has requested a waiver of the alley requirement,and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that alleys are not necessary because the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3B. Staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Hogue made a motion to approve the Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys,being all of a certain 45.182 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,and the C.McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. 10. Consider and act upon a Final Plat for the Meadows of Birmingham Addition,including a waiver of alleys,being all of a certain 61.997 acre tract of land situated in the M.Phelan Survey,Abstract No.695,and the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. Minutes of June 26,2001 Wylie City Council Page 6 Mr. Claude Thompson addressed this item providing a brief background on the request. Mr. Thompson stated that the Final Plat of the Meadows of Birmingham Addition includes 61.997 acres and will create 216 single- family lots. The Plat will also create two public parks totaling approximately 7 acres, as well as parts of the Westgate Way and Ann Drive collector streets. The property is zoned Single Family Residential-3 (SF-3), requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. At their June 1, 1999 meeting,the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase I of the Birmingham Farms Addition, expressing concern for traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. However,based on the staff's recommendation that the Plat complied with all applicable subdivision regulations and other applicable ordinances of the City of Wylie,the City Council approved the Preliminary Plat on June 22, 1999, as Phase I of the Birmingham Farms Addition. That earlier-approved Preliminary Plat contained approximately 65.3 acres and created 219 lots,but did not include alleys,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. The applicant must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development,as well as that the major functions of alleys(public and private utilities,drainage and service vehicular access/egress)are adequately accommodated by other means. On June 5, 2001,the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting,the Commission voted 6-0 to deny the Final Plat for the Meadows of Birmingham because it did not provide the required alleys and did not adequately address drainage concerns. Mr. Thompson stated that staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stagy of the planning process will result in a reduction in the sizes of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve Final Plat for the Meadows of Birmingham Addition,including a waiver of alleys,being all of a certain 61.997 acre tract of land situated in the M. Phelan Survey, Abstract No. 695, and the D. Williams Survey,Abstract No. 1021, City of Wylie, Collin County,Texas,being out of a called 629.406 acre tract conveyed to Birmingham Land,Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout absent. 11. Consider and act upon a Final Plat for the Sage Creek North Addition,including a waiver of alleys, being all of a certain 50.7752 acre tract of land situated in the John W.Mitchell Survey,Abstract No. 589, City of Wylie, Collin County,Texas, and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County,Texas. Mr. Claude Thompson addressed this item providing Council with a brief background of the request.The Final Plat of the Sage Creek North Addition includes 50.7752 acres and will create 155 single-family residential lots. The Plat will also create a 4.223-acre public park as well as a total of 3.597 of common open space to be maintained by the Homeowners Association. The Plat also provides additional right-of-way for the future improvement of McMillen Road. Minutes of June 26,2001 Wylie City Council Page 7 The property is zoned Planned Development District(PD 2000-22)for Single Family Residential Uses,approved by the City Council on April 11, 2000. The Conditions of the PD specifically limit the development to a total of 155 lots and an overall density of 3.05 dwelling units per acre, including 80 Single Family-3 Residential lots (7,200 square feet minimum lot size), 47 Single Family-2 Residential (8,500 square feet lots) and 28 Single Family-1 Residential (requiring a minimum lot size of 10,000 square feet). The approved PD also included a Concept Plan which established the general configuration of streets,lots and open space. The Development Conditions and Concept Plan of the approved Planned Development District does not reflect alleys, nor did the approved Development Plan/Preliminary Plat,nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3)states that"alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Concept Plan of the Planned Development District and of the Development Plan/Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 3-3 to recommend approval of the Final Plat for the Sage Creek North Addition and a waiver of the alley requirement. A previous motion to deny the Plat and requested alley waiver died for lack of a second. Staff is recommending approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures,and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. Councilman Worley made a motion to approve the Final Plat for the Sage Creek North Addition, including a waiver of alleys,being all of a certain 50.7752 acre tract of land situated in the John W.Mitchell Survey,Abstract No. 589, City of Wylie, Collin County,Texas,and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County,Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott, Young and Trout were absent. 12. Consider and act upon a Final Plat for the Walgreens-Wylie Addition,being all of a certain 5.422 acre tract of land situated in the S.B.Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. Mr. Claude Thompson provided a brief history of the request. He stated that the Final 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. The property has never been platted and is currently vacant and zoned for Industrial (I) uses. The anticipated retail use is currently allowed within the Industrial District. A Preliminary Plat and Site Plan for the subject property were approved by the Planning and Zoning Commission on March 20,2001. The City Council approved the Preliminary Plat on April 10,2001. He stated that staff has reviewed the proposed Final Plat for the Walgreens-Wylie Addition and found it to conform substantially to the approved Preliminary Plat and to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. At the June 19,2001 Planning and Zoning Commission meeting,the Commission voted 6-0 to approve the Final Plat for the Walgreens-Wylie Addition. He stated that staff is recommending approval. Councilman Hogue made a motion to approve the Final Plat for the Walgreens-Wylie Addition, being all of a certain 5.422 acre tract of land situated in the S.B. Shelby Survey,Abstract No. 820,City of Wylie,Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Councilman Scott,Young and Trout absent. Minutes of June 26,2001 Wylie City Council Page 8 13. Consider and act upon a Preliminary Plat for the Kirby 78 Addition,being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Mr. Claude Thompson addressed this item providing a brief history of the request. He stated that the Preliminary Plat under consideration will create a single lot of approximately 2.4 acres,to accommodate a free-standing retail use(CVS Pharmacy). The Plat incorporates the abandoned railroad corridor,and dedicates approximately 0.13 acres of right-of-way for the future improvement of the F.M 544/S.H. 78 intersection. The property is zoned for Industrial(I)uses. The anticipated pharmacy is currently allowed within the Industrial District. Staff has reviewed the proposed Preliminary Plat for the Kirby 78 Addition and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. The Plat dedicates right-of-way for the future improvement of the intersection of F.M 544 and S.H. 78. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 5-1 to deny the Preliminary Plat for the Kirby 78 Addition,because the applicant was not present to address concerns raised by summary review of the Site Plan of the subject property. Discussion on the Site Plan was tabled by a vote of 6-0 until the July 3,2001 Planning and Zoning Commission meeting because the applicant was not present to defend the plan. Staff is recommending approval. Councilman Worley made a motion to approve the Preliminary Plat for the Kirby 78 Addition, being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Councilman Scott,Young and Trout were absent. Prior to Citizens Participation,the Mayor announced that he would like the City Manager to consult with the City Attorney drafting a policy addressing the validity of alley waivers for any purpose other than hardship. CITIZENSPARTICIPATION There was no citizen's participation ADJOURNMENT With no further business to come before Council,the meeting was adjourned at 7:19 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of June 26,2001 Wylie City Council Page 9