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10-22-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, OCTOBER 22, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 Action Taken MEONSSNVEOONESMVOMNIWIONSIIIEEIIIEIIIIIEIIEEIEEMIEEEIEIIEEEEIEIIIIIEII CAVtZENSZNRTMNXKflliiiiiiiiniEBMIEEMEWMBMSEEIMIMMMMBEINEMMMM A. Approval of the minutes from the September 24,2002 Regular City Council Meeting. B. Consider and act upon a Final Plat for the American National Bank Addition, generally located south of State Highway 78 and west of Birmingham Street, being all of a certain 2.517 acre tract of land, described in a deed to American National Bank as recorded in Collin County Clerk's File No. 93-0077335, and being part of Lot 1 and all of Lots 2, 3, 4, 5, and 6, Block 5 of the Calloway Addition, and being certain tracts of land conveyed to Wylie Independent School District by deeds recorded in Volume 333, Page 48,Volume 335, Page 118,Volume 337, Page 17, Volume 337, Page 19,Volume 337,Page 21 and Volume 333,Page 160, of the Deed Records of Collin County, Texas, and being situated in the S.B.Shelby Survey,Abstract No. 820,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Wylie High School Addition, generally located south of F.M. 544 and east of Country Club Road, being all of a certain 158.407 acre tract of land, Lot 1 being a 78.341 acre tract as described in deeds to the Wylie Independent School District as recorded in Collin County Clerk's File Nos. 95-0012336 and 95-0042766,and Lot 2 being a 80.066 acre tract as described in a deed to the City of Wylie as recorded in Collin County Clerk's File No. 95- 0012334, and being situated in the L Clifton Survey, Abstract No. 193, the J.W. Curtis Survey, Abstract No. 196,the M.Milliron Survey,Abstract No. 563,and the D. Strickland Survey,Abstract No. 841,City of Wylie,Collin County,Texas. Tabled Item 1. Consider and act upon approval of an Ordinance releasing approximately 14.78 acres of land from the Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County, being located northeast of the Troy Road intersection with Vinson Road, being situated within the L.B.Outlaw Survey,Abstract No. 173,Rockwall County,Texas. Executive Summary This item was tabled at the October 8,2002 City Council Meeting. The subject,-operty is the northwestern portion of a larger 19.456 acre tract which is currently located entirely within unincorperated Rockwall County, but is also within the Extraterritorial Jurisdiction of three separate municipalities. The subject 14.78-acre tract abuts the City of Wylie corporate limits within Troy Road and is within Wylie's Extraterritorial Jurisdiction, and is therefore subject to the platting regulations of the City of Wylie. The eastern 3.3 acre portion of the property, fronting on to the City of Dallas and Lake Ray Hubbard shoreline, is within the City of Rowlett Extraterritorial Jurisdiction, and subject to the Rowlett platting regulations. A 1.3 acre strip, a 100 feet wide utility easement dissecting the property diagonally from southwest to northeast, lies within the City of Garland corporate limits and is occupied by the Garland Power and Light (now TU- Electric)electric transmission lines and is otherwise undevelopable. The current and prospective future owners desire to develop the total 19.456 acres for single-family residential uses and according to the regulations of a single governmental jurisdiction rather than the current three differing jurisdictions and regulation. Inivally desiring to annex the entire 19.456 acre tract into the City of Wylie for such common development control,the owners sought release to Wylie's jurisdiction of those portions within Garland and Rowlett control and both Garland and Rowlett have agreed to release their respective jurisdictions. However,development potential is very limited within the GP&L(TU-E)electric transmission line and this easement cannot be relocated. Property owners have now requested that the City of Wylie release the 14.78acres from its Exterritorial Jurisdiction so that the entire 19.456 acres can be consolidated under the regulatory jurisdiction of Rockwall County. The City of Wylie collects no tax revenues or service charges from the subject property, and no such revenue is available to the City unless and until the property is annexed in to the City. Approval of Ordinances and Resolutions 2. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Rush Creek force main project; establishing procedures for the acquisition,by purchase or condemnation,of property. Executive Summary Construction on the Rush Creek force main project will begin in the next few weeks. The City has been unable to acquire one of the easements necessary for construction. The easement is adjacent to the Rush Creek lift station and located on property owned by Bozman Land Partners, Ltd. The resolution will authorize the City Manager to proceed with condemnation if necessary to acquire the easement. 3. Consider and act upon approval of an Ordinance establishing water-zoning regulations for the area of Lake Lavon within the corporate limits of Wylie. Executive Summary The purpose of this ordinance is to adopt the federal water zoning regulations established by the Water Safety Act. These water-zoning regulations are already in effect on Lake Lavon and are enforced by the Army Corp of Engineers. The Regional Texas Parks and Wildlife Commander has requested that the City of Wylie adopt these water-zoning regulations so that Texas Parks and Wildlife Officers can enforce the regulations as well. Because these are Federal Regulations the State officers must have the Local Governing Body adopt the regulations before they can enforce them. Collin County has adopted the water zoning regulations for the areas of Lake Lavon that are not in the City of Wylie. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2002 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 agenda is also posted to the City of Wylie Website at www.ci.wvlie.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. Page 2 of 2 MINUTES Wylie City Council Tuesday, September 24, 2002— 6:0 0 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER-6:03 p.m. 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,Chris Hoisted,City Engineer,and Barbara Salinas,City Secretary. INVOCATION&PLEDGE OF ALLEGIANCE Rev. Al Draper, First Baptist Church of Wylie was present to provide the invocation and Councilman Trout was asked to lead the Pledge of Allegiance. PRESENTATIONS&PROCLAMATIONS Mayor Mondy and Mayor Pro Tan Worley presented the Proclamation declaring October as Domestic Violence Awareness Month. Representatives from the shelter in Sachse were present to accept. C "117FNS PARTICIPATION T None. CONSENT AGENDA A. Approval of the minutes from the September 10,2002 Regular City Council Meeting. B. Consider and act upon a Preliminary Plat for the for The Stiles Crossing Addition,being all of a certain 34.0839 acre tract of land, generally located west of North Ballard Avenue (FM 2514) and north of Brown Street (FM 4312), as described in a deed to Peerless Manufacturing Company as recorded in Volume 744, Page 515 of the Deed Records of Collin County, Texas, and being situated in the S.B. Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Barber Addition, being all of a certain 8.00 acre tract of land,generally located south of F.M. 544 and east of Regency Drive, as described in a deed to Austin Wylie Realty, LTD, as recorded in Volume 4921, Page 1206 of the Deed Records of Collin County, Texas,and being situated in the William Sachse Survey,Abstract No.835,City of Wylie,Collin County, Texas. D. Consider and act upon approval of a Resolution authorizing the City Manager to execute a Master Advanced Funding Agreement(MAFA)with the Texas Department of Transportation(TxDOT) E. Consider and act upon an Interlocal Boundary Agreement with the Town of St. Paul, amending an Agreement approved on April 8,1975. Councilman Trout asked for some clarification on the Interlocal Boundary Agreement(Item E) with regard to property lines. City Engineer Chris Hoisted stated that the map reflected boundaries only,not property lines. With no further discussion Councilman Hogue made a motion to approve Items A,B,C,D,and E of the Consent Agenda. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. Agnates—September 24,2002 Wylie City Council Page 1 The Mayor then asked that Council consider Items 4,5,and 6 on the Agenda. INDIVIDUAL CONSIDERATION 4. Consider and act upon approval of an Ordinance authorizing the issuance of$1,150,000 Waterworks and Sewer System Revenue Bonds,Series 2002,dated September 24,2002,and all other matters related thereto. Mr. David Medenich of First Southwest was present to address items 4, 5 and 6. Mr. Medenich stated that bids were received at 11:00 a.m. this day and provided Council an overview of the submissions and the recommendation of First Southwest. Mr.Medenich stated that historically,these were the best rates received since he has been working with the City of Wylie. Recommendations were for Prudential Securities with$4.399469% for the $1,150,000 Waterworks and Sewer System Revenue Bonds; with regard to Item No. 5, recommendation was for Morgan Stanley Dean Witter with 2.654600%for the$250,000 Tax Notes and with regard to Item No. 6, recommendation was for First Southwest Company with 4.193850%for the$2,500,000 General Obligation Bonds. Mr.Medenich was then available for questions. Councilman Young made a motion to approve the Ordinance authorizing the issuance of$1,150,000 Waterworks and Sewer System Revenue Bonds, Series 2002, dated September 24, 2002 to Prudential Securities with $4.399469%, as recommended by First Southwest Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 5. Consider and act upon approval of an Ordinance authorizing the issuance of$250,000 in Tax Notes, Series 2002,dated September 15,2002 and all other matters related thereto. This item was addressed previously by Mr. David Medenich of First Southwest. Councilman Hogue made a motion to approve the Ordinance authorizing the issuance of$250,000 in Tax Notes,Series 2002,dated September 15, 2002 to Morgan Stanley Dean Witter with 2.654600%, as recommended by First Southwest. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. 6. Consider and act upon approval of an Ordinance authorizing the issuance of $2,500,000 General Obligation Bonds,Series 2002,dated September 15,2002 and all other matters related thereto. This item was addressed previously by Mr. David Medenich of First Southwest. Councilman Hogue made a motion to approve the Ordinance authorizing the issuance of$2,500,000 General Obligation Bonds,Series 2002, dated September 15, 2002 to First Southwest Company with 4.193850%as recommended. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. 1. Consider and act upon a proposed amendment to the current Animal Ordinance in order to clearly define the term 'Wild Animal'. Police Chief Butters addressed this item providing Council with a brief explanation of the intent of the proposed ordinance. Councilman Trout made a motion to approve the amendment to the current Animal Ordinance in order to clearly define the term"Wild Animal". Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 2. Consider and act upon approval of a Resolution authorizing the City Manager to enter into the "Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement. Chief Butters addressed this item providing a brief explanation of the intent of the proposed resolution. Chief Butters stated the Wylie Police Department has been cooperating in Mutual Aid and that this Agreement was to Minutes—September 24,2002 Wylie City Council Page 2 establish the commitment in writing. There was some discussion regarding insurance and the coverage available to responding officers and responsibility of participating cities. Councilman Scott made a motion to approve the Resolution authorizing the City Manager to enter into the Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 3. Consider and act upon approval of an Ordinance disannexing a 2.0-acre tract of land within the Francisco de la Pina Survey,being generally located east of Paul Wilson Road and south of Skyview Drive. Mr. ClanriP Thompson, Planning Director addressed this item providing a background on the request for disannexation. Mr. Thompson stated that the subject tract was originally annexed into the City of Wylie as part of a 46.5 acre parcel in September of 1984,at the voluntary request of the property owner at that time. The City of Wylie is obligated to provide normal municipal services, including public sewer as well as police and fire response,to all newly annexed areas such as the subject property within a reasonable time. The specifics of when and how such public services are to be provided to annexed areas are to be incorporated into an Annexation Service Plan,which serves as a legal contract. However, no such Plan was apparently completed and adopted for the 1984 annexation of the subject property. Water is provided to the tract by the Wylie Northeast Water Supply Corporation District rather than the City. In April of 1994,the City disannexed approximately 14 acres of that 46.5 acre tract at the request of several new property owners,who cited the City's failure to provide municipal sewer services in a timely manner. That land disannexed in 1994 abuts to the north and south the property now owned by the Blockers and the subject of the current disannexation. Properties to the west across Paul Wilson Road are also within unincorporated Collin County. The subject property is surrounded on three sides by unincorporated Collin County, and these neighboring properties are occupied by sparse rural residential or agri-business uses. Section 43.141 of the Texas Local Government Code states that"a majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services to the area... If the governing body fails or refuses to disannex the area within 60 days after the date of the petition, any one of the signers of the petition may bring a cause of action in a district court of the county in which the area is located to request that the area be disannexed. The District court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to perform its obligations in accordance with the annexation service plan... If the area is disannexed,it may not be annexed again within 10 years after the date of disannexation." The petition complies with all requirements of Section 43.141 of the Texas Local Government Code for legally petitioning for disannexation. The applicants represent 100 percent of the property owners and qualified voters within the affected area,and have published the petition within the Wylie News as well as on the subject property. The applicant contends that he receives no City benefits for the City taxes levied to the property, and can better develop the vacant property to Collin County standards. The subject property is surrounded on three sides by unincorporated Collin County. Paul Wilson Road is a rural asphalt roadway. U.S. Corps of Engineers property to the north and North Texas Municipal Water District treatment and storage plant to the southeast limit potential expansion and further development of the existing rural settlement. Most of these neighboring properties are now sparsely developed in rural residential uses,utilizing onsite septic systems with no public sewer services. The closest City sewer services are located at least 1,500 feet to the southwest. An Annexation Service Plan,now required by State Law,was apparently not formulated when the annexation occurred. the City has no current plans to provide sewer services and urban streets to this area. To provide such services to the subject tract will be an expense to the City and existing neighboring home owners and will disrupt the area's rural character. In 1994,the City disannexed 14 acres of land which is contiguous to the subject tract and which had been part of the tract when annexed at the same tine. The stated reason for that earlier disannexation of abutting properties was similar to the stated reasons for the current request,that the City could not provide sewer and other public services Minutes—September 24,2002 Wylie City Council Page 3 as anticipated by the annexation. However,in the absence of an adopted service plan stipulating a date that such services were to be provided,the earlier voluntary annexation cannot be construed as a representation by the City that or when sewer services would be available. Furthermore, the subject property is currently provided "like services"and no less services than are provided to other undeveloped properties which were brought into the City as part of the 1984 annexation,some of which remain within the City and others which have been disannexed. Both the seller and current owner of the subject property should have known that the property was located within the City of Wylie and subject to Wylie's land use and development regulations as well as the absence of sewer services. Section 16.051 of the Texas Civil Practice and Remedies Code states that"every action for which there is no express limitations period... must be brought not later than four years after the day the cause of action accrues." As there is no expressed limitation for claims agpinst annexation actions,the statute of limitations for allowing redress of the 1984 annexation, including the subject tract, expired in 1988 regardless of changes in ownership. The Comprehensive Plan recommends that the subject property be developed as Country Residential uses, permitting single-family dwellings on lots of one acre and larger. This recommendation is consistent with the character of existing development surrounding the subject tract. The County cannot control uses of land,and only the City Zoning Ordinance can regulate uses and development regulations to assure that whatever is constructed on the vacant subject tract is compatible with the existing development. If disannexed, the subject tract cannot be again annexed for 10 years, or at least until late 2012. The properties disannexed in 1994 will be eligible for annexation again in 2004,should the existing residences desire City sewer services. This varied time constraint and the central location of the subject tract,surrounded by existing residential development,hinders the potential for coordinated annexation as well as provision of sewer services of this entire neighborhood as a single unit even if they should desire such. In October of 2001, a request was made for disannexation of an 80 acre tract along Sachse Road for similar reasons as the request currently under consideration. The Council denied that request and the applicant sued. The courts have thus far upheld the Council's denial,based on arguments that the statute of limitation for redress of the annexation had expired and that the property owner should have know that public sewer services could not likely be provided in a timely manner. The Council's 1994 approval of disannexation of 14 acres adjacent to the subject tract could establish precedent favoring disannexation of similar properties to which City services cannot be provided within a reasonable time. However the Council's 2002 refusal to disannex the 80 acre tract under similar circumstances could establish the precedent opposing disannexation, especially when no specific provision of municipal services has been contracted by a service plan. State Law now requires that the City adopt an Annexation Service Plan for each annexation, which clearly and legally established a time period in which municipal services must be provided, eliminating the possibility of future annexations without public services. Furthermore, the current level of City services is common to that provided other incorporated properties within the immediate vicinity of the subject tract. The vicinity surrounding the subject tract is already developed in properties of similar 2-acre size and rural character more comparable to unincorporated Collin County than urbanizing City of Wylie and the level of services currently provided by the County are apparently sufficient for existing property owners and uses. None of the neighboring owners have expressed desire to be annexed and the City cannot annex the properties involuntarily. It is possible that the area abutting the subject tract could remain unincorporated with rural utilities for some time. Mr.Thompson stated that staff is looking for direction from Council. He also stated that the applicant was present should Council have any questions or concerns regarding the disannexation request. Mr. Michael Trent Blocker, 1719 Mapleleaf Falls Drive, Allen Texas came forward to address Council on his request for disannexation. He stated that if disannexed, he would like operate a small business similar to neighboring property owners currently operate. He stated that he is considering a metal building to operate a boat Minutes-September 24,2002 Wylie City Council Page 4 repair business. He stated that because the County is less restrictive, he could construct a facility more affordability than under current City restrictions. There was some discussion with regard to Police and Fire protection and response by both. It was determined that if disannexed,we would still respond,as we would to all to areas within our jurisdiction. Councilman Scott stated that if this property is disannexed and a structure is built under County codes and our Police and Fire would still respond,he would prefer that the structure was built to City codes. He continued that if the property is disannexed and he builds to County codes,he is still protected at a lesser cost. A motion was made by Councilman Scott to deny the request to disannex the 2.0-acre tract of land within the Francisco de la Pina Survey, being generally located east of Paul Wilson Road and south of Skyview Drive. Councilman Hogue seconded the motion. A vote was taken and the motion to deny was approved,7-0. The Mayor called for a brief recess at 6:46 p.m. The Meeting was reconvened at 7:02 p.m. 7. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and east of the existing Southplace Estates Phase IV Addition,being a portion of a 48.516 acre tract, as described in County Clerk's File No.95-0018290 of the Deed Records of Collin County,Texas, and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. (Zoning Case 2002-08) Mr. Claude Thompson,Planning Director addressed this item providing Council with a background of the zoning request. He clarified the location and explained the comparative chart regarding the requested variances. The Mayor had questions concerning the descending votes cast by the Planning and Zoning Commission. Mr. Thompson stated that the request for the Planned Development was a means to achieve variances and that the Zoning Ordinance is was intended to forego the need for a Planned Development District because we have flexibility. Mr. Thompson stated that staff is recommending approval. He stated that staff likes the continuity of what is already developed and that the applicant did work hard to attain points. Mr.Thompson also stated that Item No. 8 is also related to this request and that if approved,this would finish out the development. At 7:11 p.m. the Mayor called for a short recess after which the meeting was reconvened at 7:16 p.m. Mr. Thompson stated that the options were to approve as presented,to deny or to approve with stipulations. The Mayor stated the need for a road to tie into the park The applicant, Mr. Robert B<>came forward to address Council. He stated that this project was a small project and he would loose a considerable amount of lots if he were to add a road that ties into the park Mr. Thompson stated that an other option would be for Council to table the request until the next regular meeting. The applicant was agreeable to the suggestion to table the request to meet and discuss with staff. The Mayor opened the Public Hearing with the understanding that the item would be tabled until the next regular meeting He asked that anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record and limit their comments to three minutes. There was no response. Councilman Young made a motion to table Item No. 7 to the next regular meeting of October 9,2002. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 7-0. Minutes—September 24,2002 Wylie City Council Page 5 8. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 8.5/17) and Neighborhood Services (NS) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard Avenue and south of the existing Southplace Estates Phase I Addition, being a portion of a 48.516 acre tract, as described in County Clerk's File No.95-0018290 of the Deed Records of Collin County,Texas,and being all of a certain 10.129 acre tract of land situated in the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. (Zoning Case 2002-09) Mr. Claude Thompson addressed this item providing Council a brief background on the request as it relates to the previous item. He provided a location description and provided a review of the variance requests. He stated that the applicant is agreeable to a motion to table this item until the next regular meeting of October 9,2002. The Mayor opened the Public Hearing with the understanding that the item would be tabled until the next regular meeting He asked that anyone wishing to speak either in favor or opposition of the request to please come forward and state their name and address for the record and limit their comments to three minutes. There was no response. Councilman Worley made a motion to table Item No. 8 until the next regular meeting of October 9, 2002. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. 9. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Park Blvd, being a portion of that tract of land described in the deed to Birmingham Land,Ltd.,as recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas,and being a 5.911 acre tract of land and an 8.044 acre tract of land situated in the J. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County,Texas. (Zoning Case 2002- 10) Mr. Claude Thompson addressed this item providing Council a brief background on the request. Mr. Thompson stated that the next two cases are related and that this is smaller continuation of larger existing subdivision which was developed in compliance with differing requirements of the previous code,and the configuration of the tract does not efficiently support the current street regulations. The proposed Conditions of the Planned Development District provide a balanced compromise between the existing conditions of abutting development and the new requirements of the Zoning Ordinance in order to assure a quality development. Mr. Thompson concluded that at the September 3, 2002 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend approval of the zoning change. Mr. Mark Footlick, applicant and Mr. Mark Donaldson of Carter Burgess were in attendance to provide a brief presentation to the Council. Mr. Footlick provided a brief address with regard to the cooperation between the city and school with regard to the required infrastructure. He then introduced Mr.Mark Donaldson who addressed the Council. Mr. Donaldson provided a location description and overview of the area and the proposed construction, including the construction of the bridge and extension of WestggtP Way. Mr. Donaldson addressed each of the proposed Phases detailing the intent of the Planned Development. Both Mr. Footlick and Mr. Donaldson were available for questions from the Council. Mr. Thompson stated that as a result of the Council Work Session held regarding this proposed Planned Development, the applicant has met all the requests that were discussed and have met the conditions. Mr. Thompson stated that the votes in opposition by the Commission were due to their desire for straight zoning as opposed to the Planned Development. He also added that the Commission bases their recommendation on land use. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request,please come forward and state their name and address for the record and limit their comments to five minutes. With no response,the Mayor then closed the Public Hearing Minutes—September 24,2002 Wylie City Council Page 6 Councilman Hogue made a motion to approve the change in zoning from Single-Family Residential(SF-8.5/17)to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378)and north of Park Blvd,being a portion of that tract of land described in the deed to Birmingham Land,Ltd., as recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas, and being a 5.911 acre tract of land and an 8.044 acre tract of land situated in the J.McUlmurry Survey,Abstract No. 629,City of Wylie,Collin County,Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. 10. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road(F.M. 1378) and south of Park Blvd, being a portion of that tract of land described in the deed to Birmingham Land,Ltd.,as recorded in County Clerk's File No.98-007022 of the Deed Records of Collin County, Texas, and being a 94.121 acre tract of land situated in the D.W. Williams Survey, Abstract No.695,City of Wylie,Collin County,Texas. (Zoning Case 2002-11) Mr. Claude Thompson,Planning Director addressed this item providing a brief background on the request stating that at the September 3, 2002 meeting of the Planning and Zoning Commission, the Commission voted 3-2 to recommend denial of this zoning change because the PD was unjustified and id not fit the spirit of the flexible system of the Zoning Ordinance. He stated that six (6) votes would be required from the Council in order to overturn the recommendation of the Commission. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request,please come forward and state their name and address for the record and limit their comments to five minutes. With no response,the Mayor then closed the Public Hearing. Councilman Trout made a motion to app ove the change in zoning from Single-Family Residential (SF-10/19)to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378)and south of Park Blvd,being a portion of that tract of land described in the deed to Birmingham Land,Ltd., as recorded in County Clerk's File No. 98-007022 of the Deed Records of Collin County, Texas, and being a 94.121 acre tract of land situated in the D.W. Williams Survey, Abstract No. 695, City of Wylie, Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0. 11. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF- 10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Birmingham Farms Phase 2A and the Meadows of Birmingham Phase 1 Additions,being a portion of a tract of land described in a deed to Birmingham Land Ltd., as recorded in Clerk's File No.98-007022,Deed Records of Collin County,Texas,and all of a tract of land described in a deed to Wylie LS.D.,as recorded in Volume 2493,Page 580 of the Deed Records of Collin County, Texas, and being a certain 80.767 acre tract of land situated in the D.W. Williams Survey, Abstract No. 1021, the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County, Texas. (Zoning Case 2002-12) Mr. Claude Thompson,Planning Director addressed this item providing Council with a brief background on the request stating that at the September 3, 2002 meeting of the Planning and Zoning Commission,the Commission voted 3-2 to recommend denial of this zoning change because the PD was unjustified and id not fit the spirit of the flexible system of the Zoning Ordinance. He stated that six(6)votes would be required from the Council in order to overturn the recommendation of the Commission. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the request,please come forward and state their name and address for the record and limit their comments to five minutes. With no response,the Mayor then closed the Public Hearing. Minutes—September 24,2002 Wylie City Council Page 7 Councilman Hogue made a motion to app,ove the change in zoning from Single-Family Residential(SF-10/19)to Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M. 1378) and north of Birmingham Farms Phase 2A and the Meadows of Birmingham Phase 1 Additions,being a portion of a tract of land described in a deed to Birmingham Land Ltd.,as recorded in Clerk's File No. 98-007022, Deed Records of Collin County,Texas,and all of a tract of land described in a deed to Wylie I.S.D.,as recorded in Volume 2493,Page 580 of the Deed Records of Collin County,Texas,and being a certain 80.767 acre tract of land situated in the D.W. Williams Survey, Abstract No. 1021, the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion was approved,7-0. READING OF ORDINANCES'. TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY VVYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. The Captions for approved Ordinance Numbers 2002-34 through 2002-40 were read into the record. ADJOURNMENT With no further business the meeting was then adjourned John Mondy,Mayor ATTEST: City Secretary Minutes—September 24,2002 Wylie City Council Page 8 WYLIE CITY COUNCIL AGENDA ITEM NO. f 3 P . October 22, 2002 Issue Consider and act upon a Final Plat for the American National Bank Addition,generally located south of State Highway 78 and west of Birmingham Street,being all of a certain 2.517 acre tract of land, described in a deed to American National Bank as recorded in Collin County Clerk's File No. 93- 0077335,and being part of Lot 1 and all of Lots 2,3,4,5,and 6,Block 5 of the Calloway Addition, and being certain tracts of land conveyed to Wylie Independent School District by deeds recorded in Volume 333,Page 48,Volume 335,Page 118,Volume 337,Page 17,Volume 337,Page 19,Volume 337, Page 21 and Volume 333, Page 160, of the Deed Records of Collin County,Texas, and being situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Background The Final Plat for the American National Bank Addition will combine the previously unplatted lot on which the existing bank is located with Lots 1 through 6, Block 5 of the Calloway Addition into a single lot for the purpose of expanding parking capacity and enhancing drive-thru teller operations for the bank. This plat will dedicate right-of-way for the future widening of State Highway 78 and provide a utility easement for an existing 10" sewer main. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations The Final Plat substantially conforms to the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Board/Commission Recommendation At the October 1, 2002, Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat /.� 0 '< ;. Prepared by Reviewed by Finance City Manager ►r al WYLIE CITY COUNCIL AGENDA ITEM NO. C October 22, 2002 Issue Consider and act upon a Final Plat for the Wylie High School Addition, generally located south of F.M. 544 and east of Country Club Road,being all of a certain 158.407 acre tract of land,Lot 1 being a 78.341 acre tract as described in deeds to the Wylie Independent School District as recorded in Collin County Clerk's File Nos. 95-0012336 and 95-0042766,and Lot 2 being a 80.066 acre tract as described in a deed to the City of Wylie as recorded in Collin County Clerk's File No. 95-0012334, and being situated in the I. Clifton Survey,Abstract No. 193,the J.W. Curtis Survey,Abstract No. 196,the M.Milliron Survey,Abstract No. 563,and the D. Strickland Survey,Abstract No. 841,City of Wylie, Collin County, Texas. Background The Final Plat for the Wylie High School Addition will create two lots,Lot 1 being a 78-acre tract of land which is the location of the existing high school and the proposed new stadium that was previously unplatted and Lot 2 which is the 80-acre site of Founders Park. When the Wylie Independent School District decided to purchase this land for the new high school the City acquired the adjoining tract for an athletic complex and purchased their half of the property using special 4b funding. The School District and City will co-develop this site to accommodate shared parking and cooperative activities through a joint use resolution approved by the City Council. Due to this cooperative development agreement, it is appropriate to combine these two tracts together by one plat. Section 212.005 of the Texas Local Government Code states that "the m nicipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations The Final Plat substantially conforms to the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Board/Commission Recommendation At the October 1, 2002, Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat /P Prepared by Reviewed by Finance i .ti . _ , ; WYLIE CITY COUNCIL AGENDA ITEM NO. ( . October 22, 2002 Issue Consider and act upon approval of an Ordinance releasing approximately 14.78 acres ofland fromthe Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County, being located northeast ofthe Troy Road intersection with Vinson Road,being situated within the L. B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas. Background This item was tabled at the October 8, 2002 City Council Meeting. The subject property is the northwestern portion of a larger 19.456 acre tract which is currently located entirely within unincorporated Rockwall County,but is also within the jurisdiction of three separate municipalities. The subject 14.78 acre tract abuts the City of Wylie corporate limits within Troy Road and is within Wylie's Extraterritorial Jurisdiction. Because this area is within Wylie's ETJ, it is subject to the platting regulations of the City of Wylie and Wylie is responsible for providing public services and utilities to the area. The eastern 3.3 acre portion ofthe larger property under single ownership,fronting on to the City of Dallas and Lake Ray Hubbard shoreline,is within the City of Rowlett Extraterritorial Jurisdiction,and subject to the Rowlett platting regulations. A 1.3 acre strip, a 100 feet wide utility easement dissecting the property diagonally from southwest to northeast, lies within the City of Garland corporate limits and is subject to the City of Garland's regulations. This strip dividing the jurisdictions of Wylie and Rowlettt is occupied by the Garland Power and Light(now TXU)electric transmission lines and cannot be developed for other uses. The current and prospective future owners of the entire 19.5 acre property desire to develop the entire tract for single-family residential uses and according to the regulations of a single governmental jurisdiction rather than the current three differing jurisdictions and regulations. Initially desiring to annex the entire 19.456 acres into the City of Wylie for such common development control, the owners sought release to Wylie's jurisdiction of those portions within Garland and Rowlett control and both Garland and Rowlett have agreed to release their respective jurisdictions. However, development potential is very limited within the GP&L (TXU) electric transmission line and this easement cannot be relocated. Property owners have now requested that the City of Wylie release the 14.78 acres from its Exterritorial Jurisdiction so that the entire 19.5 acres can be consolidated under the regulatory jurisdiction of Rockwall County. No public utilities are currently provided or readily available to the subject tract by either of the three jurisdictions. Water is provided to the area by the Eastfork Special Utility District. No sanitary sewerage is currently available,but the closest potential is to a lift station in Troy north ofthe subject property to be constructed by the Pheasant Creek Addition and transported by force main north to the City of Wylie treatment facilities. Rockwall County has approved the use of an onsite aerobic treatment system to service the entire 19.5 acres. Financial Considerations No tax revenues or service charges are available to the City of Wylie unless and until the property is annexed in to the City. Other Considerations 1. The subject property is within unincorporated Rockwall County. However, this area has also been within the Extraterritorial Jurisdiction of the City of Wylie for a number of years in anticipation of its potential annexation into the City of Wylie. When the larger City of Garland extended its corporate limits along its electric transmission line in order to incorporate its electric generation plant on the southeastern shore of Lake Lavon,the subject property was split into the current three jurisdictions. 2. In March of 2002,in response to changes in State law,the City of Wylie requested that Rockwall County extend Extraterritorial Jurisdiction to Wylie for the area between the City on the southeast and the City of Garland corporate limits(GP&L/TXU easement). Rockwall County Commission responded that the County prefers to maintain exclusive jurisdiction for development of all of its ETJ and no municipality will be approved Extraterritorial Jurisdiction of such unincorporated areas. City staff unsuccessfully discussed with Rockwall County the possibility of securing jurisdiction of at least the 19.5 acres under current consideration, due to its requested annexation and the difficulty of providing municipal sewer treatment to the entire tract. 3. The ETJ provides municipalities with the authority to control the subdivision platting(but not use and development standards)of unincorporated lands which are appropriate for future annexation into that municipality and provision of municipal services. The City is obligated to provide public utilities and services within their established ETJ. Wylie currently provides no public services or utilities to the subject property, although private sewer collection and pumping services which connect to the Wylie system are being constructed to the northwest of the subject property and will make City of Wylie sewer treatment available soon. However, due to the topography and multiple jurisdiction of the subject tract,it is not likely that the entire 19.5 acres can be efficiently serviced by a single municipal sewerage system without the use of lift stations and force mains. 4. Rockwall County has recently approved a private system which can provide sewer collection and treatment to the entire 19.5 acres. Therefore,the applicant is requesting release from the City of Wylie ETJ in order to serve the entire 19.5 acres by this Rockwall County-approved and monitored. A similar request has been made to the City of Rowlett to release the southern 3.4 acres from the Rowlett ETJ, and the Rowlett City Council will consider the request at their October 15 meeting. 5. The applicant has provided a suggested layout for development of the entire 19.5 acres which honors the varied development regulations and jurisdictional lines. City of Wylie sewerage will be available to the subject property in the near future, and the differing regulations of street and lot sizes and administration of development permitting and monitoring can be efficiently accommodated without added time or cost to the development process. 6. Similar requests as the current one have been made previously, and additional such requests are anticipated in the future, especially until the City can comply with its obligation to provide adequate utilities and services to the ETJ. The Council needs to provide clear policy direction for staffto address such requests in the future. A Resolution is provided should the Council desire to approve the current request and release of the subject ETJ to Rockwall County. Board/Commission Recommendations NA Staff Recommendations Policy direction is needed from Council. The entire 19.5 acres can be developed in a manner which honors the varied jurisdictional lines and development regulations as currently exist. These jurisdictional differences have existed for a number of years,and existed when the applicant purchased the subject tract. The applicant has demonstrated that the property can be developed efficiently under the varied regulations, and has failed to demonstrate any hardship sufficient to justify loss of control by the City of Wylie. If the subject property is released from City of Wylie control and developed according to the regulations of Rockwall County,it will not be provided City utilities or emergency services and is not likely to be appropriate for future annexation in to the City of Wylie. Such substandard development, immediately adjacent to the City of Wylie and beyond City controls, could become a visual and economic liability to the City in the future. The Rockwall County Commission has expressed its intention to maintain exclusive jurisdiction of development within the County, and has issued specific approval to sewer services for the subject property. Attachments Location Map Ordinance Letter From Owner/Applicant Requesting Release From ETJ Letter From Rockwall County Advising That The County Desires To Maintain Exclusive Jurisdiction Potential Site Plan ,, Prepar d by Reviewed by Finance City Mana_� royal o • 5 I ./ '` CO LIN COUNTY R❑ KWALL COUNTY • I 'Kifikv• -% 4 \N y• % • ♦ l 7 0 • Q U \<E Q J Q U •c" I:11 O • • • rj -- ; i 5/ LOCATION MAP ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING IN PART RESOLUTION NO. 2002-05; RELEASING A PORTION OF THE EXTRATERRITORIAL JURISDICTION BACK TO ROCKWALL COUNTY; AND PROVIDING AN EFFECTIVE DATE: WHEREAS,the property described herein includes approximately 14.78 acres northeast of Troy Road and west of the City of Garland corporate limits,being located entirely within Rockwall County; and WHEREAS, on March 26, 2002 the City Council approved Resolution No. 2002-05 establishing the Extraterritorial Jurisdiction of the City of Wylie, including the aforesaid 14.78 acres within Rockwall County;and WHEREAS,the Commissioners Court of Rockwall County did on April 1,2002 express their desire to retain jurisdiction of all lands within Rockwall County,including said 14.78 acres,and the owners of said 14.78 acres have requested that said property be excluded from the Extraterritorial Jurisdiction of the City of Wylie and be subject to the exclusive jurisdiction of Rockwall County; and WHEREAS,the City of Wylie cannot provide sewer services to said 14.78 acres as required by Section 42.024 of the Texas Local Government Code; and WHEREAS,Section 42.023 of the Texas Local Government Code provides that the Extraterritorial Jurisdiction of a municipality may not be reduced unless that governing body of the municipality gives its written consent by ordinance or resolution, the applicants of said 14.78 acres having complied with all requirements of said Section; NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,THAT: SECTION 1: That the Maps and Descriptions identifying the Extraterritorial Jurisdiction of the City of Wylie, as adopted on March 26, 2002, be amended to exclude the aforesaid 14.78 acres, and that said 14.78 acres be hereby transferred to the exclusive jurisdiction of Rockwall County. SECTION 2: That this release and transfer of jurisdiction shall extend only to the public right,title and interest which the City of Wylie may have in and to said 14.78 acre tract,and shall be construed to extend only to such interest as the governing body of the City of Wylie may legally and lawfully release and transfer. SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. PASSED AND APPROVED by the City Council of the City of Wylie,Collin County,Texas this day of September,2002. John Mondy,Mayor City of Wylie,Texas ATTEST: Barbara Salinas, City Secretary City of Wylie,Texas • September 16, 2002 Mr. Claude Thompson City Planner City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Formal Request for Release of the Extraterritorial Jurisdiction of the City of Wylie on a Portion of a 19.456-Acre Tract of Land out of the L. B. Outlaw Survey, Abstract No. 173, and Being More Fully Described in Exhibit "A" Attached Hereto. Dear Mr. Thompson: Realty Development Trust ("RDT"), as Applicant, acting for and on behalf of Viseth Saengchanthavong, owner, previously submitted on July 10, 2001 a request for consensual annexation of the above referenced property (the Property) located generally at the northeast corner of the intersection of Vinson Road (County Line Road) and Troy Road and being adjacent on the south side of Sunrise Beach Estates (Cab. A, slide 53 D.R.R.C.T.), County of Rockwall, Texas. This application was placed on hold pending resolution of certain conflicting municipal and county jurisdictional issues. As a result of numerous meetings and discussions with all governmental entities concerned, and given the difficulties of development under the current umbrella of jurisdictions, we have taken the following action to assure developmental integrity of the Property: 1. The issue involving the release of the ETJ of the southern portion of the Property south of the GP&L easement from the City of Rowlett has been resolved and the formal hearing for approval is scheduled for either October 1st or October 15th. 2. Previous request to the City of Garland for the re-routing of their existing 100' annexation strip (contained within the GP&L utility easement) has been dropped as this re-routing would by necessity retain its 100' width and therefore significantly degrade our platting efficiency and would afford no other benefit. Additionally, in support of our request, please refer to your June 13, 2002 letter to County Judge Bill Bell of Rockwall County, a copy of which is attached. It appears that the above referenced request would, as far as the subject Property is concerned, resolve any outstanding issues between the City of Wylie and the County as to the designation of a single subdivision platting authority as required by H. B. 1445. Request for Release of ETJ September 16,2002 Therefore, we respectfully request the City of Wylie take the following action: 1. Withdraw the pending annexation request by Realty Development Trust and provide a written acknowledgment of such withdrawal. 2. Process the above referenced request by either appropriate administrative action or by formal resolution by the City Council. Attached is a survey plat with a metes and bounds legal description of the Property as prepared by Barry Rhodes, registered professional land surveyor, with the subject request area so marked. If there is any additional information you require, please let me know. Sincerely, Realty Development Trust C. Phillip Clegg, Trustee Attachments Cc: Mindy Manson Legal Owner of Property: By: Name: Viseth aengchanthavong Date: � 2j ~ 0 "71 9 . o' ..... BILL BELL,J.D.,L.L.M. COUNTY JUDGE Rockwall County Government Center Telephone:(972)882-0240 1101 Ridge Road,Suite 206 Fax:(972)882-0247 Rockwall,Texas 75087 April 10, 2002 Mr. Claude Thompson Director Of Planning City Of Wylie 2000 Highway 78 North • Wylie, Texas 75098 Dear Mr. Thompson: The Commissioners Court of Rockwall County voted April 1, 2002, to correspond with each city in our county advising that the County prefers to have exclusive jurisdiction for development in all ETJ areas. If any city desires a meeting with the county, please advise my office. Sincerely, ill Bell, J.D., L. .M. County Judge Rockwall County BB/flm AI A . 1 1 t 1 , I `, 1 2 3 4 5 6 7 8 9 i0 11 J II 12 34 j----r'� t 35 T`i 43 42 13 33 46 ~5 ` 32 ` 36 14 kibe( \ ,\ 41 !/ d 4030 ",,,,, `�rll - 2823 p 3 22 "27 2E , Q 25 L 1 1 .� 16 I i / 21 I �> i I 17 ..... 4/ 20 0 L I / t,y 18 19 s''''''''\ 0 200 400 I -iS-�Ivsi GRAPHIC SCALE IN FEET VVYLIE CITY COUNCIL AGENDA ITEM NO. a.. . October 22, 2002 Issue Consider and act upon approval of a Resolution ofthe city council ofthe City of Wylie,Texas,determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Rush Creek force main project; establishing procedures for the acquisition,by purchase or condemnation, of property. Background Construction will begin on the Rush Creek force main project in the next few weeks, and we have been unable to acquire one of the easements necessary for construction. The easement is adjacent to the Rush Creek lift station and located on property owned by Boman Land Partners, Ltd. The resolution will authorize the City Manager to proceed with condemnation if necessary to acquire the easement. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends adoption of a resolution establiching a public necessity to acquire property for the Rush Creek force main project. Attachments Resolution and Exhibit 'A' Prepared by Reviewed by Finance City Manager 1p val CITY OF WYLIE,TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE,BY PURCHASE OR CONDEMNATION,CERTAIN PROPERTY;GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE RUSH CREEK FORCE MAIN; ESTABLISHING PROCEDURES FOR THE ACQUISITION,BY PURCHASE OR CONDEMNATION,OF PROPERTY. WHEREAS,the City Council of the City of Wylie,Texas("City Council"),hereby officially determines that there is a public necessity for,and the public welfare and convenience will be served by,the acquisition,by purchase or condemnation,of the property described in Exhibit"A"and it is the City of Wylie,Texas' ("Wylie") intention to acquire,by purchase or condemnation,the real property as set out and described in Exhibit"A"attached hereto and made a part of this resolution of for all purposes(the"Property")as part of the Rush Creek Force Main Project of Wylie for the purposes of the construction of a sanitary sewer force main. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council hereby officially determines that there is a public necessity for,and the public welfare and convenience will be served by,the acquisition,by purchase or condemnation,of the Property described in Exhibit"A"and it is Wylie's intention to acquire,by purchase or condemnation,the Property as set out and described in Exhibit"A"attached hereto and made a part of this resolution of for all purposes as part of the Rush Creek Force Main Project of Wylie for the purposes of the construction of a sanitary sewer force main. SECTION 2: The City Manager is hereby authorized to contract,on behalf of Wylie,with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquisition,by purchase or condemnation,of the Property for the Rush Creek Force Main Project. SECTION 3: After consideration of said recommendation,the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the Property. SECTION 4: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition,the City Manager is authorized to communicate a written offer to the owner of said Property for acquisition of said Property at the full amount determined and established to be just compensation therefore,and to negotiate with said owner on behalf of Wylie. SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to acquire the Property needed for said project,on behalf of Wylie. SECTION 6: Should the City Manager be unable to acquire the Property by purchasing the same,the City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the acquisition of the Property. SECTION 7: That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on this day of ,2002. JOHN MONDY,MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS ABERNATHY,ROEDER,BOYD City Secretary &JOPLIN,P.C. RICHARD M.ABERNATHY City Attorneys DATE(S)OF PUBLICATION: RESOLUTION-Page 2 Condemnation Resolution EXHIBIT "A" LEGAL DESCRIPTION 30' SANITARY SEWER EASEMENT Being 31,399 square feet or 0.7209 acre tract of land situated in the A. West Survey, Abstract No. 979, Collin County, Texas, and being the part of a tract of land described in the deed to Bozman Land Partners, Ltd., a Texas limited partnership recorded in Volume 5085, Page 2320, Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said Bozman tract and, said point being in the west line of Troy Road and being in the common line of said A. West Survey and the J. D. Shelby Survey, Abstract 819, Collin County, Texas; THENCE, N 89°07'04" W, departing the east line of Troy Road and with the south line of said Bozman tract, said A. West Survey and said J. D. Shelby Survey, a distance of 1048.38 feet, said point being the common south corner of said Bozman tract and a tract of land conveyed to Billy Ray Burdine by deed recorded in Volume 825, Page 240, Deed Records of Collin County, Texas; THENCE, N 00°23'11" E, with the common line of said Bozman and Burdine tracts, a distance of 30.00 feet to a point for a corner; THENCE, S 89°07'04" E, a distance of 1044.88 feet to a point for a corner, said point being in the east line of Troy Road; THENCE, S 06°15'10" E, with the east line of Troy Road, a distance of 30.25 feet to the point of Beginning. I+*; {y-'.-."7•, :•i 1 � , t JJ. tia 19- . . Burdine Tract Bozman Land Partners, Ltd. a Texas Limited Partnership "aS89'07'04"E 1044.88' a, "re) o u N p o CT Z N89'07'04"W 0.7209 Acres. v+o O 31,399.0 Sq.ft 1048.38' Q 0- BON TR AGER TRACT S LEGAL DESCRIPTION 50' TEMPORARY CONSTRUCTION EASEMENT Being 52,102 square feet or 01.1961 acre tract of land situated in the A. West Survey, Abstract No. 979, Collin County, Texas, and being the part of a tract of land described in the deed to Bozman Land Partners, Ltd., a Texas limited partnership recorded Volume 5085, Page 2320, Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the southeast corner of said Bozman tract and, said point being in the west line of Troy Road and being in the common line of said A. West Survey and the J. D. Shelby Survey, Abstract 819, Collin County, Texas, THENCE, N 06°15'10" W, with the east line of Troy Road, a distance of 30.23 feet to the point of Beginning; THENCE, N 89°07'04" W, departing the east line of Troy Road, a distance of 1044.88 feet to a point far a corner, said point being in the common line of said Bozman tract and a tract of land conveyed to Billy Ray Burdine by deed recorded in Volume 825, Page 240, Deed Records of Collin County, Texas; THENCE, N 00°23'11" E, with the common line of said Bozman and Burdine tracts, a distance of 50.00 feet to a point for a corner; THENCE, S 89°07'04" E, a distance of 1039.86 feet to a point for a corner, said point being in the east line of Troy Road; THENCE, S 01°09'54" E, with the east line of Troy Road, a distance 9.01 feet to an angle point; THENCE, S 06°15'10" E, with the east line of Troy Road, a distance 41.32 feet to the point of Beginning. >: Cr 1Qf .�_ i —i 0 Bozman Land Partners, Ltd. a Texas Limited Partnership O 50' TEMPORARY EASEMENT O a S89"07'04"E • 1039.86' S1'09'54"E Burdine Tract oN 1.1961 Acres 9.01' Lob52,1022 Sq.ft S6'15'10"E N89'07'04"W 00 1044.88' N 41.32' 0 c,+ r) BONTRAGER TRACT WYLIE CITY COUNCIL AGENDA ITEM NO. 3. October 22, 2002 Issue Consider and act upon approval of an Ordinance establishing water-zoning regulations for the area of Lake Lavon within the corporate limits of Wylie. Background The purpose of this ordinance is to adopt the federal water zoning regulations established by the Water Safety Act. These water-zoning regulations are already in effect on Lake Lavon and are enforced by the Army Corp of Engineers.The Regional Texas Parks and Wildlife Commander has requested that the City of Wylie adopt these water-zoning regulations so that Texas Parks and Wildlife Officers can enforce the regulations as well. Because these are Federal Regulations the State officers must have the Local Governing Body adopt the regulations before they can enforce them. Collin County has adopted the water zoning regulations for the areas of Lake Lavon that are not in the City of Wylie. Captain Collins of the Texas Parks and Wildlife advises that the ability to enforce these water-zoning regulations is crucial to the safety of all citizens engaged in recreational activities at Lake Lavon. Financial Considerations None Other Considerations None Board/Commission Recommendations N/A Staff Recommendations Staff recommends Adoption of the Water Zoning Regulation Ordinance. Attachments Copy of the Water Zoning Regulation Ordinance. Prepared by Reviewed by Finance Cityg Mana p s o al CITY OF WYLIE,TEXAS ORDINANCE NO. AN ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR ALL PORTIONS OF LAKE LAVON LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE,TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated and determined that it will be advantageous and beneficial to the City of Wylie,Texas("Wylie")and its inhabitants to establish water zoning rules and regulations for all portions of Lake Lavon located within the corporate limits of the Wylie; and WHEREAS, the City Council finds that it is necessary for the protection and safety of the citizens of Wylie to establish water zoning rules and regulations for all portions of Lake Lavon located within the corporate limits of Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Public Launching Sites. Each of the public launching sites including,but not limited to,East Fork Park,East Fork Marina,Avalon Park,Lavonia Park,Mallard Park,Little Ridge Park and Pebble Beach Park, on Lake Lavon, City of Wylie, Collin County, are zoned "No Wake Areas" and will be properly identified as such, by placement of at least two (2) "can"type buoys displaying "No Wake" encircled, two hundred (200) feet out from the launching ramps and two hundred(200)feet apart. All public launching sites are zoned"No Swimming Areas"and will be identified as such by placement of a sign which reads"Swimming and Bathing Prohibited in Approaches to or on the Boat Ramps"or equivalent at each launching site. SECTION 3: Watercraft Prohibited. Each of the swimming areas on Lake Lavon, City of Wylie, Collin County, including, but not limited to Little Ridge, East Fork, Avalon, Mallard and Pebble Beach Parks are zoned "No Boating Area" and will be identified as such by placement of "can"type buoys marked "Swimming Area—Keep Out"two hundred(200)feet out and along the perimeter of the swimming area which will be further identified by placement of a"capsule"buoy line outlining the perimeter of the designated swimming area. ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LAVON —Page 1 L:lAgenda Packets 110-22-02 Agenda\Atachmeds\water Zoning Regulations Ordinance.doc In any area zoned a "No Boating Area", all watercraft are prohibited, including, but not limited to,power boats, motor boats,personal watercraft, any motor-driven craft and any wind- or man-powered crafts. SECTION 4: Water Intake Structures. A. Two North Texas Municipal Water Utilities intake structures. The water area three hundred (300) feet in front of both water intake structures owned and operated by North Texas Municipal Water Utilities,is zoned as'Danger Areas"will be identified as such by placement of a sign on the face of the structures which reads'Dangerous Current— Stay 300 Feet Away,"and/or buoys displaying the universal markings of a diamond with inner cross and the words'Danger—Keep Out." B. Garland Power Plant,inlet and outlet channels. The water area three hundred feet in front of the Garland Electric Power Plant intake structure and three hundred feet below the end of the outlet structure are zoned'Danger Areas"and will be identified by placement of"can"type buoys displaying the universal markings of a diamond with inner cross and words'Danger—Keep Out"on a perimeter of three hundred feet on the water side of both structures. C. East Fork and Avalon intake structures. The water area three hundred(300)feet in front of the water intake structures known as East Fork and Avalon are zoned as "Danger Areas"will be identified as such by placement of a sign on the face of the structures which reads 'Dangerous Current — Stay 300 Feet Away," and/or buoys displaying the universal markings of a diamond with inner cross and the words "Danger—Keep Out." SECTION 5: Lavon Dam Inlet and Outlet Structure. The water area three hundred(300) feet upstream on the Lavon Dam gate facilities is zoned a 'Danger Area" and will be identified as such by placement of"can"type buoys displaying the universal markings of a diamond with inner cross and the words"Danger—Keep Out"on a perimeter of three hundred(300)feet upstream from the face of the gate facilities. Also, due to the slippery surfaces and strong water current and undertow, the immediate shoreline adjacent to the gate facilities is zoned a 'Danger Area" and will be so marked by signs reading"Restricted Area—Keep Out." The water area below the dam to the railroad bridge approximately four hundred(400)feet downstream,is zoned a'Danger Area"and will be so identified by signs reading'Danger No Floats, Boats or Wading Beyond This Point"located to face downstream and adjacent bank fishing areas. SECTION 6: Commercial Marinas and/or Floating Concession Facilities. The water areas of marinas and/or concession areas under License agreement with the U.S.Army Corps ofEngineers on Lavon Lake are zoned"No Wake Areas"and will be so identified by placement of"can"type buoys displaying"No Wake"encircled,as prescribed by the Universal State Waterways marking system,on ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LAVON —Page 2 L:\Agenda Packets\10-22-02 Agenda\AttadhmcetsWater Zoning Regulatims Ordinance.doc the perimeter of the controlled area and/or upon approaches to the controlled area,whichever is more practical. SECTION 7: Endangering Life or Property Prohibited. It shall be unlawful for any person to operate any boat or other watercraft on any portion of Lake Lavon lying within the corporate limits of Wylie in such a manner as to endanger life or property. SECTION 8: Other Areas. Other areas where Wylie identifies a hazard to life or property may be designated as "No Boating Area" or "No Wake Area" with installation of appropriate markings. These areas may include future marina sites,barge areas, shoals, shoreline abutments,and other water hazards. SECTION 9: Penalty Provision. Any person,firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a sum not exceeding FIVE HUNDRED AND NO/100 DOLLARS($500.00). Each continuing dais violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 10: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal ofthe ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11: Severability. Should any section, subsection,sentence,clause or phrase ofthis Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section, subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of , 2002. JOHN MONDY,Mayor ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LAVON —Page 3 L:\Agenda Packets\10-22-02 Agenda\Attathm its\Water Zoning Regulations Ordinance.doc ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS City Secretary DATE(S)OF PUBLICATION: ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LAVON —Page 4 L:\Agenda Packets\10-22-02 Agenda\Attad is\Water Zoning Regulations Ordinance.doc