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12-15-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL Agenda Tuesday, December 15, 1998 5:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Reverend Todd Nivens, Shiloh Baptist Church Pledge of Allegiance Proclamations & Presentations Declaring December 22, 1998 as Christopher Michael Ryan Day in Wylie, Texas in recognition of his achievement of Eagle Scout. Citizens Participation Consent Agenda All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of October 27 and November 10, 1998 and the Joint Meeting of November 17, 1998. ITEMS FOR INDIVIDUAL CONSIDERATION Approval of Ordinances 1. Consider and Act Upon Approval of an Ordinance Annexing property owned by Keith Anderson,containing 2.33 Acres,being out of the James Truett Survey,Abstract No. 920, City of Wylie, Collin County, Texas, and being part of that tract as recorded in Volume 158,Page 457,Deed Records,Collin County, Texas. 2. Consider and Act Upon Approval of an Ordinance Annexing property owned by Conrad E.Boyer,containing 1.717 Acres out of the L.K. Pegues Survey,Abstract No. 703,being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715,Page 708 of the Deed Records of Collin County,Texas. 3. Consider and Act Upon Approval of an Ordinance Annexing property owned by Charles Bunting,containing 1.50 Acres,situated in the Francisco de la Pina Survey,Abstract 688, Collin County,Texas 4. Consider and Act Upon Approval of an Ordinance Annexing property owned by Mark Clayton,containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688,Collin County,Texas and being out of a 43.24 acre tract of land conveyed to C. Truett Smith,et al,by Jack Parr,et ux, as recorded in Volume 484,page 121 of the Deed Records of Collin County, Texas. 5. Consider and Act Upon Approval of an Ordinance Annexing property owned by C. Connelly,containing 5.0 Acres,out of the W.D. Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268,Deed Records of Collin County, Texas. 6. Consider and Act Upon Approval of an Ordinance Annexing of property owned by Benny Coomer, containing 1.57 Acres, out of the Henry L. Douglas Survey, Abstract No. 292, about 2 'A miles South of Wylie, and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs. Rose Rogers Coleman, recorded in Vol. 214, Page 602, Deed Records of Collin County, Texas, said 108.5 acres being the same land described in a deed from M. J. P. Haymas to George Rogers by deed dated April 6, 1874,and recorded in Vol. W,Page 956, Deed Records of Collin County,Texas. 7. Consider and Act Upon Approval of an Ordinance Annexing property owned by Antonio Curcio,containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstract No. 688 and being part of a 43.24 acre tract conveyed to C. Truett Smith recorded in Volume 484,Page 121,Deed Records of Collin County,Texas. 8. Consider and Act Upon Approval of an Ordinance Annexing property owned by Danny Justus,containing 1.16 Acres,out of the William Sutton Survey,Abstract No. 860 and the Henry L.Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County, Texas. 9. Consider and Act Upon Approval of an Ordinance Annexing property owned by William Downs, containing 2.857 Acres,out of the W. D. Penny Survey,Abstract No. 696, Collin County, Texas; and being part of a certain 25.679 acre tract as described in deed to L. D. Pearce recorded in Volume 496,Page 268,Deed Records,Collin County,Texas. 10. Consider and Act Upon Approval of an Ordinance Annexing property owned by William Downs,containing 1.871 Acres,being a part of a 6 acre tract out of the W.D. Penny Survey, Abstract No. 696, conveyed to Ray Price and wife, Pauline Price, by Ray Tiller, a single man,and Mary L.Tiller,a single woman,by Deed recorded in Volume 817,Page 596, Deed Records of Collin County,Texas. 11. Consider and Act Upon Approval of an Ordinance Annexing property owned by Jesus Espinoza,containing 5.0 Acres,out of the W.D.Penny Survey,Abstract No. 696, and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County, Texas. 12. Consider and Act Upon Approval of an Ordinance Annexing property owned by Diane E. Getty,containing 1.413 Acres,out of the James Truett Survey,Abstract No. 920,being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County,Texas. 13. Consider and Act Upon Approval of an Ordinance Annexing property owned by Don Hoeft, containing 1.414 Acres,being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920,conveyed to Orville Kreymer by G. C. Kreymer,Archie Kreymer,Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. 14. Consider and Act Upon Approval of an Ordinance Annexing property owned by Janish,Inc., containing 2.5971 Acres,out of the James Truett Survey,Abstract No. 920 situated in the City of Wylie, Collin County, Texas and being that same property described in substitute trustee's deed executed by Mark S.Houser recorded in Volume 3851,Page 148 of the Deed Records of Collin County,Texas,and also being a part of Kinsington Manor Estates Section Three, Section Four and Section Five,additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568,Cabinet C,Page 571 and Cabinet C,page 570,respectively,of the Plat Records of Collin County,Texas. 15. Consider and Act Upon Approval of an Ordinance Annexing property owned by Charles Kerin,containing 4.453 Acres,out of the W. D. Penny Survey,Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer,et ux as recorded in Volume 618, Page 312,Deed Records,Collin County, Texas. 16. Consider and Act Upon Approval of an Ordinance Annexing property owned by Kreymer Investments,Ltd.,containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer,et al,by Media Kreymer, a widow, by deed recorded in Volume 645, Page 627 of the Deed Records of Collin County,Texas. 17. Consider and Act Upon Approval of an Ordinance Annexing property owned by Vicki S. Monson,containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573, Page 533 of the Deed Records of Collin County, Texas. 18. Consider and Act Upon Approval of an Ordinance Annexing property owned by Vicki S. Monson,containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573, Page 533 of the Deed Records of Collin County,Texas. 19. Consider and Act Upon Approval of an Ordinance Annexing property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L.Douglas Survey,Abstract No. 292 and the William Sutton Survey,Abstract No. 860,Collin County,Texas, and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance, Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969, Deed Records of Collin County,Texas. 20. Consider and Act Upon Approval of an Ordinance Annexing property owned by Norma Motsenbocker, containing 3.93 Acres,out of the Henry L. Douglas Survey,Abstract No. 292,about 2 1/2 miles South of the Town of Wylie,Texas, and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959,By Addison G. Wilson,Jr., said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214,Page 602,Deed Records of Collin County, Texas. 21. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas, containing 7.32 Acres, located on Old Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of the Henry L. Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County,Texas. 22. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas,containing 3.590 Acres,out of the Henry L.Douglas Survey,Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll,et ux,as recorded in Volume 1184,Page 893, Deed Records of Collin County,Texas. 23. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas,containing 2.7624 Acres,out of the Henry L. Douglas Survey,Abstract No. 262, and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W. Housewright as recorded in Volume 773,Page 291,Deed Records of Collin County,Texas. 24. Consider and Act Upon Approval of an Ordinance Annexing property owned by Robert E. Nolan,containing 0.681 Acres out of the E.C.Davidson Survey,Abstract No. 266,conveyed to L.W. Self and wife, Glenda O. Self by R.H. Wilson and wife,Grace L. Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records,and being a part of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamon Reynolds and wife, Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. 25. Consider and Act Upon Approval of an Ordinance Annexing property owned by North Texas Municipal Water District,containing 7.94 Acres,out of Francisco de la Pina Survey, Abstract 688,Collin County, Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners,by order of probate Court,December 29, 1923, and recorded in Volume 249,page 346,Deed Records of Collin County, Texas. 26. Consider and Act Upon Approval of an Ordinance Annexing property owned by North Texas Municipal Water District, containing 32.078 Acres, being out of Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L. Creel and evidenced by Order on Report of Commissioners recorded in Volume 249, Page 346 of the Deed Records of Collin County,Texas. 27. Consider and Act Upon Approval of an Ordinance Annexing property owned by O. V. Justus,containing 1.003 Acres,out of the Henry L. Douglas Survey,Abstract No. 292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County, Texas. 28. Consider and Act Upon Approval of an Ordinance Annexing property owned by Kenneth Putman, containing 3.459 Acres, being a part of an original 12 acre first tract out of the James Truett Survey, Abstract No. 920 conveyed to Orville Kreymer, et al, by Media Kreymer, a widow, by deed recorded in Volume 645, Page 627, of the Deed Records of Collin County, Texas. 29. Consider and Act Upon Approval of an Ordinance Annexing property owned by Ivan W. Stewart, containing 1.0 Acre, being a part of a 6.327 acre tract out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer by G.C. Kreymer,Archie Kreymer, Clifton Kreymer, and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. 30. Consider and Act Upon Approval of an Ordinance Annexing property owned by Melvin St. John, containing 28.333 Acres, being part of a called 58 acre tract out of the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey, Abstract No. 860, conveyed to W.O.Houston and John D.Houston by G.H. Drewery and recorded in Volume 339,Page 436 of the Deed Records of Collin County,Texas. 31. Consider and Act Upon Approval of an Ordinance Annexing property owned by Choya Tapp,containing 3.491 Acres,out of the Henry L. Douglas Survey,Abstract No. 292 and the William Sutton Survey,Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L. Bass and wife, Helen R. Bass to William E.Butler and wife,Charlene L.Butler, as recorded in Volume 855,Page 745,Deed Records of Collin County,Texas. 32. Consider and Act Upon Approval of an Ordinance Annexing property owned by Thomas Brown,containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No. 696, and being a part of a 25.679 acre tract conveyed by C. I.Norton and Lyda P.Norton to L. D. Pearce, L. G.Pearce and F. W. Pearce, as recorded in Volume 496,page 268,of the Deed Records of Collin County,Texas. 33. Consider and Act Upon Approval of an Ordinance Annexing property owned by Garry White,containing 1.089 Acres, out of the I. &G.N. Railroad Company Survey,Abstract No. 1059,Collin County,Texas,and also being part of a 4.00 acre tract as conveyed to Glen E. Pockrus and wife, Joyce Pockrus, recorded in Volume 1293, Page 84, Deed Records, Collin County,Texas. 34. Consider and Act Upon Approval of an Ordinance Annexing property owned by W.L. Brown,containing 1.0_Acres out of the William Sachse Survey,Abstract No. 696 of 640 acres,about 14 miles Southeast from McKinney,Collin County,Texas, and being out of that 40 acres of land which is described as First Tract in a Warranty Deed from Jick Housewright et al to D.R.Moore and Kathleen G.Moore,dated April 15, 1954,recorded in Volume 484, Page 379,Deed Records of Collin County,Texas_ 35. Consider and Act Upon Approval of an Ordinance Annexing property owned by William F.Young,containing 1.0 Acre being out of the Elliot C.Davidson Survey,Abstract No. 266, being a 1.00 acre tract of land out of a 72.5 acre tract, save and except previous conveyances, conveyed to J.R. Eaves by deed dated the 9th day of March, 1958, by J.W. Barnett et ux,of record in Volume 411,page 494,Deed Records of Collin County,Texas. 36. Consider and Act Upon an Ordinance annexing all of a certain 110 Acre tract out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife,Pearl A. McWhirter,by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. 37. Consider and Act Upon an Ordinance Annexing all of a certain .998 Acre tract out of the Francisco De La Pina Survey,Abstract No. 688, Collin County,Texas and being the same property conveyed to Doyle R.Mitchell and wife Nancy Kaye Mitchell,by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610,Page 702,Land Records,Collin County, Texas. Approval of Preliminary Plats/Final Plats 38. Consider and Act Upon a preliminary plat for the Winding Creek Estates Addition,proposed by D.R. Horton Custom Homes for the property generally located in the City of Wylie Extraterritorial Jurisdiction(ETJ)along the south side of Parker Road west of the FM 1378 and Parker Road intersection, and being all of a 44.531 acre tract out of the Lewis M. Marshall Survey,Abstract No. 594,Collin County,Texas. 39. Consider and Act Upon a Final Plat for the Lakeside Estates Phase I addition,proposed by Carter and Burgess,Inc.for Vista Oaks Development,generally located along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway(Marshall Lane), and being all of a certain 39.529 acre tract out of the Moses Sparks Survey,Abstract No. 849, City of Wylie,Collin County,Texas. Public Hearings - 7:00 p.m. 40. Consider and Act Upon a request from Gonzalo Cerda for approval of a Specific Use Permit (SUP)for a private club serving alcoholic beverages (restaurant)for the property generally located at the northeast corner of Fifth Street and SH 78,and being part of Lots 1 &2,Block 12 of the Railroad Addition,an Addition to the City of Wylie,Collin County,Texas. 41. Consider and Act Upon a request from Mike Douglas for FarmTex Inc.,for approval of a of a zone change from A(Agricultural)to I(Industrial)for the property generally located at the northwest corner of SH 78 and Eubanks Lane,and being all of a certain.998 acre tract out of the Francisco De La Pina Survey,Abstract No 688, City of Wylie, Collin County, Texas. 42. Consider and Act Upon a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A(Agricultural); B-1 (Business); SF-A (Single Family Attached); SF-2& SF-3 (Single Family Residential)to B-1 (Business) and I (Industrial) for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey,Abstract No. 688,City of Wylie,Collin County,Texas. Agreements and Appointments 43. Authorize the City Manager to enter into an agreement with the North Texas Municipal Water District for the cost sharing and specific financing terms relating to the reconstruction of South Ballard Street between Butler and Stone and the Stone Road and Ballard Street intersection and other matters relating thereto,including a reimbursement resolution. 44. Consider and act upon appointing a replacement to the Library Advisory Board for an unexpired term ending July of 2000. 45. Consider and Act Upon the approval of a formal agreement between Collin County,the City of Wylie and the Kansas City Southern Railway Company. 46. Authorizing the City Manager to enter into a two-year Contract with Foerster Engineering for an amount not to exceed$96,000. Staff Reports Wylie City Council/Planning & Zoning Commission Joint Worksession Update on the Comprehensive Plan Review Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. I certify that this Notice of Meeting was posted on this the I 1 th day of December, 1998 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code. 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 TDD 972/442-8170. MINUTES Wylie City Council Tuesday, October 27, 1998 - 7:00 p.m. Wylie Municipal Complex-Council Conference Room 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, October 27, 1998 at 7:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director and Barbara Salinas, City Secretary. Invocation • The invocation was given by Councilman Scott. Pledge of Allegiance • The Pledge of Allegiance was led by Mayor Pro Tern Worley. Proclamation Mayor Mondy stated that the Proclamation on this evenings agenda was presented by Mayor Pro Tern Worley, earlier today during the Chamber Luncheon. The proclamation was to Declare the Week of November 9-13 as Wylie Chamber of Commerce Week in Wylie,Texas. Mayor Mondy administered the Oath of Office to the Wylie Police Department's two new officers, Officer Jeffery C. Ward& Officer Vilai Thonginh. Consent Agenda Approval of the Minutes from the September 29, October 6 & October 11 Special Called Meetings and the Regular Meeting of October 13, 1998. Councilman Young made a motion to approve the minutes from the September 29, October 6 and October 11 Special Called and October 13 Regular Meeting with the following correction to the minutes of the September 29 Special Called Meeting. Councilman Young clarified his motion of September 29 as to the appointments to the two vacancies on the Planning&Zoning Commission. Mr.Carter Porter was appointed to fill the unexpired term of Ms. Donna Edge whose term expires in July of the year 2000; and Mr. Don Hughes was appointed to fill the unexpired term of Mr. Mark Clark whose term expires in July of 1999. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously. Items for Individual Consideration 1. Discuss and consider approval of a Resolution Changing Authorized Representative for Local Government Investment Cooperative(LOGIC). Wylie City Council Minutes • October 27,1998 Page 1 Mr. Brady Snellgrove addressed this item. Mr. Snellgrove introduced Ms. Judy Klusmann,Assistant Finance Director to the Council and explained that the Resolution was to accommodate her as the Authorized Representative for TexPool. Councilman Scott made a motion to approve the Resolution Changing the Authorized Representative for Local Government Investment Cooperative(LOGIC). Councilman Young seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 2. Discuss and consider approval of a Resolution Amending Authorized Representatives for TexPool (Texas Local Government Investment Pool). Mr. Snellgrove addressed this item. Mr. Snellgrove stated that this item served the same purpose as Agenda Item No. 1,only specific for TexPool. Councilman Scott made a motion to approve the Resolution Amending Authorized Representatives for TexPool (Texas Local Government Investment Pool). Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 3. Discuss and consider the adoption of amendments to the water and sewer rates and fees ordinance allowing a utility customer 60 years of age or older additional days to pay a current utility bill without penalty; decreasing the number of days before a utility account becomes delinquent; and discuss and consider the adoption of an amendment to the water works ordinance adding a confidentiality of billing information clause. Mr. Brady Snellgrove addressed this item. Mr. Snellgrove explained that this amendment was to allow utility customers 60 years of age or older additional days to pay a current utility bill without imposing a penalty. He stated that the amendment also addresses decreasing the number of days before a utility account becomes delinquent and the addition of a confidentiality clause. Mr. Snellgrove reported that at present, the utility department has a 2%delinquency rate,which in his opinion was good. Councilwoman Allen made a motion to adopt the amendments to the water and sewer rates and fees ordinance allowing a utility customer 60 years of age or older additional days to pay a current utility bill without penalty; decreasing the number of days before a utility account becomes delinquent; and adding a confidentiality of billing information clause. Mayor Pro Tem Worley seconded the motion. A vote was taken and the motion passed unanimously,7-0. 4. Hold the Second of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture,Inc. by deed recorded in Volume 2610,Page 702,Land Records,Collin County,Texas. Mr.Tobin Maples addressed this item. Mr.Maples stated the City of Wylie has received a request for annexation from Mike Douglas for a.998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane and that the applicant is requesting annexation in order to establish connections to City of Wylie utilities. Wylie City Council Minutes October 27,1998 Page 2 Mr.Maples stated that Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipates a request for rezoning subsequent to Council approval of the annexation request and that should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural)until permanent zoning is established by the City Council. Mr. Maples stated that the procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Mr.Maples explained to Council that before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard,tonight being the second of two public hearings. As he further explained,staff prepared a schedule for public hearings and institution. He stated that the two (2)public hearings have been scheduled for the October 13, 1998,and October 27, 1998,City Council Meetings and the date for the institution of the annexation proceedings has been scheduled for November 17, 1998. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then closed the Public Hearing. 5. Hold the Second of Two Public Hearings for the Annexation of 110 Acres out of the J.W.Mitchell Survey,Abstract No.589,Collin County,Texas and being the same property conveyed to Patsy Sue Donihoo by J.O.McWhirter and wife,Pearl A.McWhirter,by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County,Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that the City of Wylie has received a request for annexation from Mrs.Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road and that the applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Mr.Maples stated that per the applicants request the City of Murphy,Texas,has released this property from their extraterritorial jurisdiction(ETJ)due to the fact that Murphy utilities are unavailable at this time. He also stated that staff has held preliminary discussions with the development community regarding the zoning and development of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request and should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. Mr. Maples stated that the procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Mr.Maples explained to Council that before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard,tonight being the second of two public hearings. As he further explained,staff prepared a schedule for public hearings and institution. He stated that the two (2) public hearings have been scheduled for the October 13, 1998,and October 27, 1998,City Council Meetings and the date for the institution of the annexation proceedings has been scheduled for November 17, 1998. • Wylie City Council Minutes October 27,1998 Page 3 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then closed the Public Hearing. 6. Consider and Act Upon a Final Plat for the Twin Lakes Phase II addition proposed by Corwin Engineering,Inc., generally located at the northeast corner of South Ballard Street and Alanis Drive and being all of a certain 34.639 acre tract out of the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that the final plat under consideration is the Twin Lakes Phase II addition. The applicant is final platting 34.639 acres in order to develop the property with 110 single family lots. The property is currently vacant, unplatted, and zoned for SF-1, SF-2, and SF-3 (Single Family Residential)uses. Mr. Maples stated that staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for thoroughfare screening and block length. Specifically, Section 5.03 of the Subdivision Regulations states that where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his/her sole expense. The plat under consideration incorporates a note indicating that the required screening will be accomplished by the construction of a 6-foot high wooden fence(finished side of the fence will face the thoroughfare)with steel fence posts constructed by the home builder, and maintained by the individual homeowner. Mr.Maples stated that when the Planning and Zoning Commission recommended approval of this case,the plat incorporated a wall maintenance easement indicating that the required screening would be a wall. He stated that the wooden fence element is new and,therefore,requires Council approval. Mr. Maples advised that Staff is recommending approval of the fence subject to the screening note being revised to indicate that the fence will be constructed prior to final acceptance of the subdivision. Mr. Maples stated that this change does comply with the Subdivision Regulations and that the applicant is in agreement. Mr. Maples stated that Section 5.02 D (2) of the Subdivision Regulations states that the block length in residential areas shall not exceed 1,200 feet and that the applicant is requesting a variance to this requirement as the length being proposed for Block H is 1,280 feet. Mr. Maples stated that approval is recommended. Mr.Maples stated that at the September 21, 1998,Planning and Zoning Commission meeting,the Commission voted by 6-0 to favorably recommend this case and that Staff was recommending approval for construction, subject to the applicant revising the screening note accordingly. Mr. Maples was then available for questions from Council. Council had concerns on some issues regarding changes to screening wall; sidewalks and vision problems created by the future widening of existing road, to which the applicant addressed. Councilman Scott made a motion to approve the Final Plat for the Twin Lakes Phase II addition proposed by Corwin Engineering,Inc.,generally located at the northeast corner of South Ballard Street and Alanis Drive and being all of a certain 34.639 acre tract out of the Allen Atterberry Survey,Abstract No. 23, City of Wylie, Collin County,Texas,subject to the applicant revising the screening note accordingly. Wylie City Council Minutes October 27,1998 Page 4 Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. Staff Reports Mindy Manson,Assistant to the City Manager reminded Council that the Annual TML Conference was scheduled for October 28 through October 31 and that Chief Butters would be in charge during this time. Brady Snellgrove,Finance Director reported that the finance systems upgrade was progressing and would actually take a shorter time frame than the two days originally reported. Citizens Participation Mr.Henry Garland,Wylie North East Water Supply. Mr. Garland spoke regarding the annexation issues Council will be considering and his interest in discussing the issues and maintaining an open dialogue. Executive Session The Mayor then adjourned into Executive Session In accordance with Chapter 551, Government Code,Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.074, Personnel Matters, Deliberation of Appointments to the Parks and Recreation Board to fill an unexpired term. Reconvene into Open Meeting The mayor then reconvened into Open Meeting and as a result of the Executive Session, Councilman Scott made a motion to appoint Mr. Douglas House to fill the unexpired term of Mr. Kerry Carouthers whose term expires in July of 1999; and to appoint Mr. Gary Wiseman to fill the unexpired term of Mr. Carter Porter whose term expires in July of the year 2000. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed,7-0. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes October 27,1998 Page 5 MINUTES Wylie City Council Tuesday, November 10, 1998 - 5:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday,November 10, 1998 at 5:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director;Tobin Maples,Planning Director; Jack Jones,Public Works Superintendent; Greg MacLean,Consulting Engineer and Barbara Salinas,City Secretary. Invocation • The Invocation was given by Councilman Joel Scott. Proclamation The Mayor Proclaimed the week of November 14-22, 1998, as National Children's Book Week in Wylie,Texas. Ms. Mignon Morse and members of the Horizon Group were present to receive the Proclamation. The Mayor Proclaimed Wednesday,November 11, 1998 as Student Government Day in Wylie, Texas. Students from the Wylie High School were present to receive the Proclamation. Mayor Mondy introduced the students to the audience and asked them to take their places with their previously assigned Councilmembers. Citizens Participation All Citizens wishing to address Council were for annexation purposes only, and would be heard individually during each public hearing. Items for Individual Consideration Public Hearings 1. Hold the First of Two Public Hearings for the Annexation of property owned by Keith Anderson, containing 2.33 Acres, being out of the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas, and being part of that tract as recorded in Volume 158, Page 457, Deed Records, Collin County, Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings in compliance with state law. Mr.Maples stated that the request for annexation was to ensure the goal of protecting the quality of life and the provisions of services within the area and that some of the property should be within the Wylie city limits and should Council chose to annex any of the properties,they would be temporairily zoned "A"Agriculture. Mr.Maples explained the annexation procedure,schedule for annexation and the service plan. Mr.Maples stated that his comments would be applicable to all thirty-five(35)annexation cases on this evenings agenda. Wylie City Council Minutes November 10,1998 Page 1 Mr.Maples gave a general property description and indicated property on the map. (No. 115) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the Public Hearing. 2. Hold the First of Two Public Hearings for the Annexation of property owned by Conrad E. Boyer, containing 1.717 Acres out of the L.K. Pegues Survey, Abstract No. 703, being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715, Page 708 of the Deed Records of Collin County, Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr. Conrad Boyer,Property Owner. Mr.Boyer stated his opposition to the annexation of his property. He cited inadequate police protection due to the numerous vacancies within the police department and problems with the regularity of maintenance,erosion and drainage problems in the creek area of his property. Mr.Boyer also asked the why the 1995 Council excluded his property when they annexed the surrounding property. Mr. Maples stated that he could not give an answer. With no further response,the Mayor then closed the Public Hearing. 3. Hold the First of Two Public Hearings for the Annexation of property owned by Charles Bunting, containing 1.50 Acres, situated in the Francisco de la Pina Survey, Abstract 688, Collin County, Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 34) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 4. Hold the First of Two Public Hearings for the Annexation of property owned by Mark Clayton, containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688, Collin County,Texas and being out of a 43.24 acre tract of land conveyed to C.Truett Smith,et al,by Jack Parr,et ux,as recorded in Volume 484,page 121 of the Deed Records of Collin County,Texas. Wylie City Council Minutes • November 10,1998 Page 2 Mr. Maples gave a general property description and indicated property location on the map. (Tract 31 & 32) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 5. Hold the First of Two Public Hearings for the Annexation of property owned by C. Connelly, containing 5.0 Acres, out of the W.D.Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L.D.Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 102) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 6. Hold the First of Two Public Hearings for the Annexation of property owned by Benny Coomer, containing 1.57 Acres, out of the Henry L.Douglas Survey,Abstract No. 292, about 2 1/2 miles South of Wylie,and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs.Rose Rogers Coleman, recorded in Vol.214,Page 602,Deed Records of Collin County,Texas,said 108.5 acres being the same land described in a deed from M.J.P. Haymas to George Rogers by deed dated April 6, 1874,and recorded in Vol.W,Page 956,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 96) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Benny Coomer,2302 Sachse Road. Mr.Coomer stated his opposition for annexation. He stated that 36 years ago he came before Council and asked the City for water he was denied. Mr. Coomer stated that he now has his own water system through East Fork and is provided police and fire protection from the County and solid waste collection by a private company. He also stated that he did not feel the city could provide adequate street service,citing Jackson Street as an example. Mr. Coomer stated that he does not need city services. The Mayor advised Mr. Coomer that his property would not be annexed at this time, however as future development with Woodbridge progresses,there is a possibility within the next few years to be annexed into the community. With no futher response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 3 The Mayor then announced for the sake of expedience,that if there were public participants in the Colonial Acres subdivision,those properties will not be considered for annexation,however,the process requires that we hold both public hearings,however,no action will be taken at this time. The Mayor restated that as the Woodbridge properties develope,they may then be considered for annexation. He also stated the same for the property owned by Mr. Choah Tapp. Mr. Maples stated that the parcel the Mayor referred to are parcel numbers, 94, 95, 96 and 97, and for clarity stated that those property owners are Mr. Montgomery,Mr. Tapp,Mr. Coomer and Ms. Motsenbocker. 7. Hold the First of Two Public Hearings for the Annexation of property owned by Antonio Curcio, containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstract No.688 and being part of a 43.24 acre tract conveyed to C.Truett Smith recorded in Volume 484,Page 121,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 30) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Antonio J. Curcio, 1200 Paul Wilson Road. Mr. Curcio spoke in opposition to the annexation of his property. Mr. Curcio stated he when he purchased the land he cleared it himself,resulting in his current condition. Mr. Curcio is wheelchair bound. He stated that the electric company has a five-acre Right of Way and that he has water and newly installed septic tank which he spent$4000 on in order to meet the state's rigid guidelines. Mr. Curcio stated that he built a new house two years ago and wants to spend the last of his days there and does not plan on paying taxes with his limited social security income. Mr. Curcio stated that he has solid waste service, county sheriffs department protection and there is nothing the city can provide. With no further response,the Mayor then closed the public hearing. 8. Hold the First of Two Public Hearings for the Annexation of property owned by Danny Justus, containing 1.16 Acres, out of the William Sutton Survey, Abstract No. 860 and the Henry L. Douglas Survey,Abstract No.292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 91) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Wylie City Council Minutes November 10,1998 Page 4 Mr.Danny Justus,P.O.Box 1714 Mr. Justus spoke in opposition to the annexation of his property. Mr. Justus stated that he felt that the city services would not be enough to warrant taxation. He stated that the annexation of his property would have no benefit to the city other than taxation. Mr. Justus stated that he feels that to be taxed for services he is already receiving is `robbery' and that if he is annexed and forced to pay taxes,he will remember who placed the taxes on him (with regard to voting). Mr. Justus then asked that his comments also be recorded for Item No. 27, property owner O.V. Justus(father). With no further response,the Mayor then closed the public hearing and moved to Item No. 27 on the agenda. 27. Hold the First of Two Public Hearings for the Annexation of property owned by O. V.Justus, containing 1.003 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Mr. Justus on Item No. 8 also be recorded for Item No. 27. With no further response,the Mayor then closed the public hearing. 9. Hold the First of Two Public Hearings for the Annexation of property owned by William Downs, containing 2.857 Acres,out of the W.D.Penny Survey,Abstract No.696,Collin County,Texas; and being part of a certain 25.679 acre tract as described in deed to L. D.Pearce recorded in Volume 496,Page 268,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 101) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.William Downs,601 Parker Road Mr. Downs spoke in opposition of the annexation of his property. Mr. Downs advised Council that he did not challenge their motives,but the wisdom of their decisions. Mr. Downs stated that because he is an American, he is resistant to a government who tries to impose their will on him. Mr. Downs stated that he was forced into the city eleven years ago and during that time the Planning& Zoning Commission recommended not to annex the properties and the same pleas were heard by Council. Mr.Downs stated that the Mayor cast the deciding vote and was arrogant about his decision. Mr.Downs stated that he paid taxes for five years and received nothing and was told that sewer services were based on future development,not current,though he would like to have sewer services. Mr. Downs stated that he does not feel that the city cannot at this time take on additional responsibilities when they cannot fulfill current responsibilities. He stated that he feels that it is a money issue. He asked that Council not make he and his neighbors go through the process as they once did before. Wylie City Council Minutes • November 10,1998 Page 5 With no further response,the Mayor then closed the public hearing. 10. Hold the First of Two Public Hearings for the Annexation of property owned by William Downs, containing 1.871 Acres,being a part of a 6 acre tract out of the W.D.Penny Survey,Abstract No. 696, conveyed to Ray Price and wife,Pauline Price, by Ray Tiller, a single man, and Mary L. Tiller, a single woman, by Deed recorded in Volume 817, Page 596, Deed Records of Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.William Downs,601 Parker Road Mr. Downs asked that he be allowed to continue with Item No. 10. Mr. Downs stated that the process did not involve the citizens and it was only through a posting of an October 13 meeting notice did he find out about the annexation possibility. He stated that a year and a half ago he had conversation with a member of Council regarding government and was told not to trust it and keep an eye on it. He then asked the Mayor how,unless he watched the bulletin board every two week,how is he to protect himself,and why have property owners not been involved? He then asked the Council to leave them alone,they have been through the process once. The Mayor then asked Mr. Maples for the date and time of the next scheduled meeting for the Comprehensive Plan Workshop. Mr. Maples stated it would be held this Thursday'evening at 7 p.m. The Mayor invited Mr. Downs to attend. With no further response,the Mayor then closed the public hearing. 11. Hold the First of Two Public Hearings for the Annexation of property owned by Jesus Espinoza, containing 5.0 Acres, out of the W. D.Penny Survey,Abstract No.696,and being a part of the 25.679 acre tract conveyed to L. D.Pearce et al by C.L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (103) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 12. Hold the First of Two Public Hearings for the Annexation of property owned by Diane E. Getty, containing 1.413 Acres,out of the James Truett Survey,Abstract No.920,being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County,Texas. Wylie City Council Minutes November 10,1998 Page 6 Mr. Maples gave a general property description and indicated property location on the map. (Tract 17) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Diane Stone, 140 Paul Wilson Road. Ms. Stone spoke in opposition of the annexation of her property. Ms. Stone stated that currently she is provided services, with the exception of sewer, and would only gain the right to vote. Ms. Stone also stated that she expected any future development to be with St. Paul,since she believes she is in their ETJ. Mr. Maples clarified that the properties to the North are either in St. Paul or St. Paul's ETJ. She asked Council with the number of parcels under consideration,what is the 'big picture' development plan? The Mayor asked that she attend the Comprehensive Plan meeting on Thursday so that those plans and thoughts could be made clear. She asked Council if there was any possibilty that her property would also be removed from consideration to annex. The Mayor stated that it is possible and that is why public hearings are held. With no further response the Mayor then closed the public hearing. 13. Hold the First of Two Public Hearings for the Annexation of property owned by Don Hoeft, containing 1.414 Acres, being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G. C. Kreymer, Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Don Hoeft,302 Paul Wilson Road. Mr. Hoeft spoke in opposition to the annexation of his property. Mr. Hoeft stated that he did not want city services nor did he want the city telling him what he could or could not do on his property. Mr. Hoeft strongly opposes the annexation of his property. With no further response,the Mayor then closed the public hearing. 14. Hold the First of Two Public Hearings for the Annexation of property owned by Janish, Inc., containing 2.5971 Acres, out of the James Truett Survey,Abstract No.920 situated in the City of Wylie, Collin County,Texas and being that same property described in substitute trustee's deed executed by Mark S.Houser recorded in Volume 3851,Page 148 of the Deed Records of Collin County,Texas,and also being a part of Kinsington Manor Estates Section Three,Section Four and Section Five,additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568, Cabinet C,Page 571 and Cabinet C,page 570, respectively,of the Plat Records of Collin County, Texas. Wylie City Council Minutes November 10,1998 Page 7 Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr. Charles Janish,President of Janish,Inc. Mr.Janish spoke in opposition of the annexation of his property. Mr. Janish stated a brief history of surrounding properties and problems with maintenance and control of Paul Wilson Road. He stated that he would not gain anything and that it would not be adventageous for him for the city to annex his property. He stated that one-half of his property is already in the City and gave Council a brief desciption of some sewer problems. He stated that he has septic sewer system, county law enforcement protection and solid waste pick up. He restated that he cannot see any advantage to being annexed into the City. With no further response the Mayor then closed the public hearing. 15. Hold the First of Two Public Hearings for the Annexation of property owned by Charles Kerin, containing 4.453 Acres, out of the W. D. Penny Survey,Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer,et ux as recorded in Volume 618,Page 312,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 104) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Dr.Charles Kerin,property owner. Dr.Kerin spoke in opposition to the annexation of his property. Dr. Kerin stated that he moved his practice to Wylie in 1984 when said property was then outside the city limits. They were involuntary annexed and had asked about the city providing him sewer services and was told that it was not possible,unless he was willing to pay for the cost of a lift station. Dr. Kerin stated that he then decided to install a septic system. After five years and no services,they were disannexed. Dr. Kerin stated that they are now in the same position as before and could not see the justification for taking in his property if the city cannot provide water and sewer services at this time. With no further response the Mayor then closed the public hearing. 16. Hold the First of Two Public Hearings for the Annexation of property owned by Kreymer Investments,Ltd.,containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No.920,conveyed to Orville Kreymer,et al,by Media Kreymer, a widow,by deed recorded in Volume 645,Page 627 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 15) Wylie City Council Minutes November 10,1998 Page 8 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response the Mayor then closed the public hearing. 17. Hold the First of Two Public Hearings for the Annexation of property owned by Vicki S.Monson, containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey, Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms. Vicki Monson, 1330 W.Brown Street. Ms.Monson spoke in opposition to the annexation of her property. Ms. Monson stated that most had stated her feelings regarding the annexations. Ms. Monson stated that she moved her a year ago so that she would not be in the city. Ms. Monson stated that she currently has all services and can see no advantage therefore strongly opposes annexation. Ms. Monson asked that her comments be recorded for Item No. 18 as well. With no further response the Mayor then closed the public hearing. 18. Hold the First of Two Public Hearings for the Annexation of property owned by Vicki S. Monson, containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey, Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Ms.Monson on Item No. 17 also be recorded for Item No. 18. With no futher response,the Mayor then closed the public hearing. 19. Hold the First of Two Public Hearings for the Annexation of property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and the William Sutton Survey,Abstract No.860,Collin County,Texas,and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance,Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969,Deed Records of Collin County,Texas. Wylie City Council Minutes November 10,1998 Page 9 Mr. Maples gave a general property description and indicated property location on the map and stated that Council has previously indicated that this consideration of annexation of this property would be dropped. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Claude Montogmery,2220 Sachse Road Mr. Montogmery then read into the record a statement that the undersigned ask the City to reject and deny annexation of our properties. Mr. Montgomery advised Council of all the taxes he now pays and stated that he is not aware of any additional services the city can provide,only taxation. With no further response,the Mayor then closed the public hearing. 20. Hold the First of Two Public Hearings.for the Annexation of property owned by Norma Motsenbocker, containing 3.93 Acres, out of the Henry L. Douglas Survey, Abstract No. 292, about 2'A miles South of the Town of Wylie,Texas,and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959,By Addison G.Wilson,Jr., said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214, Page 602,Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. Mr. Maples stated that this property is one that Council had previously indicated that it would be dropping from the process. (Tract 97) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no further response,the Mayor then closed the public hearing. 21. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 7.32 Acres, located on Old Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of the Henry L.Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Wylie City Council Minutes • November 10,1998 Page 10 Ms.Sue Nicklas,1 Goll Road Ms.Nicklas spoke in opposition the annexation. She stated that her property lies in the middle of 15 acres and no street or road that goes past their property. She also stated that there is an adjoining strip of property to their pasture that they were hoping would be taken in as well. She stated that Mr. Maples indicated that it would not be taken in at this time. She stated that it is unsightly and filled with junked cars,trash,campers and possibly undocumented workers living in this area. She was hoping that if it were taken in there would be some kind of control. She stated that for the last 15 years to have the property cleaned up,however, this is in the city and nothing has been done to clean it up. Ms.Nicklas stated that she currently has all services including, police,fire. trash, city water, and septic system. She asked that if everyone else south of them has been dropped from annexation consideration that they also be dropped and reconsidered when the others are taken in. Ms.Nicklas asked that the same comments be recorded for Item No. 22 and Item No. 23. With no further response,the Mayor then closed the public hearing. 22. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 3.590 Acres, out of the Henry L. Douglas Survey, Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll, et ux, as recorded in Volume 1184, Page 893, Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Ms.Nicklas on Item No. 21 also be recorded for Item No. 22. With no further response,the Mayor then closed the public hearing. 23. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 2.7624 Acres,out of the Henry L.Douglas Survey,Abstract No.262,and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D.Houston to W.W.Housewright as recorded in Volume 773,Page 291,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Ms.Nicklas on Item No. 21 also be recorded for Item No. 23. With no further response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 11 24. Hold the First of Two Public Hearings for the Annexation of property owned by Robert E.Nolan, 'containing 0.681 Acres out of the E.C.Davidson Survey,Abstract No. 266,conveyed to L.W.Self and wife,Glenda O.Self by R.H.Wilson and wife,Grace L.Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records,and being a part of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamon Reynolds and wife,Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 6) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Robert Nolan, 1320 W.Brown Mr. Nolan spoke in opposition to the annexation of his property. Mr. Nolan feels that the reason for the annexations is only for tax purposes. He is strongly opposed to the annexation. With no further response,the Mayor then closed the public hearing. 25. Hold the First of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District, containing 7.94 Acres, out of Francisco de la Pina Survey,Abstract 688, Collin County,Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners, by order of probate Court,December 29, 1923, and recorded in Volume 249, page 346,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 20) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 26. Hold the First of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District, containing 32.078 Acres,being out of Francisco De La Pina Survey, Abstract No.688,in the City of Wylie,Collin County,Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L.Creel and evidenced by Order on Report of Commissioners recorded in Volume 249,Page 346 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 22) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 12 The public hearing for Item No. 27 was heard previously after Item No. 8. 28. Hold the First of Two Public Hearings for the Annexation of property owned by Kenneth Putman, containing 3.459 Acres, being a part of an original 12 acre first tract out of the James Truett Survey,Abstract No. 920 conveyed to Orville Kreymer,et al,by Media Kreymer,a widow,by deed recorded in Volume 645,Page 627,of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 14) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 29. Hold the First of Two Public Hearings for the Annexation of property owned by Ivan W.Stewart, containing 1.0 Acre,being a part of a 6.327'acre tract out of the James Truett Survey,Abstract No.920,conveyed to Orville Kreymer by G.C.Kreymer,Archie Kreymer,Clifton Kreymer,and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Carrie Stewart, 102 Paul Wilson Road Ms. Stewart spoke in opposition the the annexation. Ms. Stewart stated that the city has no services to offer and she does not want to pay taxes. She stated that there is no room for future development therefore nothing for the city. She lives next door to the cabinet shop which was annexed 10-11 years ago and to the best of her knowledge,they do not have sewer services therefore she does not want to pay taxes and not receive services. With no further response,the Mayor closed the public hearing. 30. Hold the First of Two Public Hearings for the Annexation of property owned by Melvin St.John, containing 28.333 Acres,being part of a called 58 acre tract out of the Henry L.Douglas Survey, Abstract No.292 and the William Sutton Survey,Abstract No.860,conveyed to W. O.Houston and John D. Houston by G. H. Drewery and recorded in Volume 339, Page 436 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 13 31. Hold the First of Two Public Hearings for the Annexation of property owned by Choya Tapp, 'containing 3.491 Acres, out of the Henry L.Douglas Survey,Abstract No.292 and the William Sutton Survey, Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L.Bass and wife,Helen R.Bass to William E.Butler and wife, Charlene L.Butler,as recorded in Volume 855,Page 745,Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. Mr. Maples stated that this property is one that Council had previously indicated that it would be dropping from the process. (Tract 95) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 32. Hold the First of Two Public Hearings for the Annexation of property owned by Thomas Brown, containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No.696,and being a part of a 25.679 acre tract conveyed by C.I.Norton and Lyda P.Norton to L.D.Pearce,L. G.Pearce and F.W.Pearce,as recorded in Volume 496,page 268,of the Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. (Tract 105 & 106) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Thomas Brown, 709 Parker Road Mr. Brown spoke in opposition to the annexation. Mr. Brown stated that he has resideded at this property for two years and he purchased his property specifically outside of the city limits. He stated that the city cannot offer him services that he doesn't already have. He does not want to pay taxes for services he is not going to receive. Mr. Brown owns a commercial business,specifically auto repair. With no further response,the Mayor then closed the public hearing. 33. Hold the First of Two Public Hearings for the Annexation of property owned by Garry White, containing 1.089 Acres,out of the I.&G.N.Railroad Company Survey,Abstract No. 1059, Collin County,Texas,and also being part of a 4.00 acre tract as conveyed to Glen E.Pockrus and wife, Joyce Pockrus, recorded in Volume 1293,Page 84,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Wylie City Council Minutes November 10,1998 Page 14 Ms.Shirley White,711 Parker Road Ms.White spoke in opposition to the annexation. She stated that she is in the same position as Dr. Kerin (Item No. 15) She stated that she could not see any future development in this area. She stated that the city cannot provide her with any services they do not already have. She stated that she would only be paying money to the city of Wylie and would not receive any benefit of services. Ms. White stated that she strongly opposes the annexation. With no further response,the Mayor then closed the public hearing. 34. Hold the First of Two Public Hearings for the Annexation of property owned by W.L. Brown, containing 1.0 Acres out of the William Sachse Survey,Abstract No.696 of 640 acres,about 14 miles Southeast from McKinney, Collin County, Texas, and being out of that 40 acres of land which is described as First Tract in a Warranty Deed from Jick Housewright et al to D.R.Moore and Kathleen G.Moore,dated April 15, 1954,recorded in Volume 484,Page 379,Deed Records of Collin County,Texas, • Mr. Maples gave a general property description and indicated property location on the map. (Tract 1) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Alfred Brown,property owner. Mr.Brown spoke in opposition to the annexation of his property. He asked Council why they have not annexed him before now and what would his property be zoned. He cited problems with the maintenance of the creek area. Mr. Maples explained the zoning would be"A"Agriculture and would not effect taxation. The Mayor clarified Mr.Brown's name for the record. Mr.Brown stated that he does have a warrenty deed for this property. With no further response,the Mayor closed the public hearing. 35. Hold the First of Two Public Hearings for the Annexation of property owned by William F. Young,containing 1.0 Acre being out of the Elliot C.Davidson Survey,Abstract No. 266, being a 1.00 acre tract of land out of a 72.5 acre tract,save and except previous conveyances, conveyed to J.R. Eaves by deed dated the 9' day of March, 1958, by J.W. Barnett et ux, of record in Volume 411,page 494,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 9) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 15 Staff Reports City Manager,Mike Collins gave Council an update on the status of the New Wastewater Treatment Plant and plans to come before Council in January with the terms of the agreement. Mr.Collins reported that on Thursday morning at 9:00 a.m staff would be conducting a walk through of the route for the water transmission main to be installed by the water district. Council is invited. The Mayor asked about the dirt and agreement to provide dirt to the intermediate school. Greg Maclean stated that the School District will coordinate with the contractor the excess dirt. Mr. Collins reported that correspondence has been sent to TCI Cable regarding the status of our current franchise with them after recent changes with AT&T now being the parent company. Staff will be reevaluating their response and what opportunity this might represent. Assistant to the City Manager,Mindy Manson reported status of the construction of the new park by the High School. She reported that all grading and irrigation is done and concrete for the parking lot has been initiated and will continue as weather permits. She reported that the fencing contractor will be putting up fencing for the ball fields next week. The City Manager's office is working with the School District on coordinating a contest to name the park. Mr. Greg MacLean reported that in regard to the Thursday morning walk through,that he and Mr. Forester are working closely with the district to coordinate traffic control. He also reported that work is proceeding on the preparations for the Wastewater Treatment Plant and they are working closely with the district. Mr. MacLean reported that they are working on one city project currently and that is the miscellaneous water mains which are underway and on schedule. City Secretary,Barbara Salinas reported that tomorrow is Student Government Day at the Complex and that all the students present this evening would be here tomorrow along with an additional 70 students, for planned activities. She stated that there would be a brief ceremony in the Courtyard in honor of Veteran's Day and the public was invited to attend the days events. Public Works Superintendent,Mr. Jack Jones reported the status of Mardi Gras,Valentine and Memorial. Mr. Jones reported that Pugsley Construction has nearly completed the area on Mardi Gras Valentine and Memorial. Mr. Jones reported that some options have been discussed to lower contract time to speed up the process of getting clean up complete. The Mayor then adjourned into Executive Session n accordance with Chapter 551, Government Code,Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071, Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting No action was taken as a result of the Executive Session. Wylie City Council Minutes November 10,1998 Page 16 Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes November 10,1998 Page 17 MINUTES • Wylie City Council Tuesday, November 17, 1998 - 5:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday,November 17, 1998 at 5:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Lavern Ramsey, J.C. Worley and Chris Trout. Councilman Young was absent. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas, City Secretary. Invocation The Invocation was given by Reverend Al Draper,First Baptist Church. Pledge of Allegiance Councilman Trout led the Pledge of Allegiance. Citizens Participation There was no citizens participation other than those present for the annexation public hearings. Consent Agenda A. Consider and Act Upon a Final Plat for the Wylie Assisted Living addition,proposed by Cascade Companies,L.L.C.,generally located at the northeast corner of SH 78 and Eubanks Lane and being all of a certain 6.5 acre tract out of the Francisco De La Pina Survey,Abstract No.688,City of Wylie, Collin County, Texas, and being a part of Lot 1, Block A, of Woodlake Village, an addition to the City of Wylie, as recorded in cabinet G,Page 386,of the Plat records of Collin County,Texas. B. Consider and Act Upon a Preliminary Plat for Southfield Estates, proposed by Southfork Development,Ltd., generally located at the southeast corner of FM 544 and Vinson Road and being all of a 34.5528 acre tract out of the E.M.Price Survey,Abstract No. 1114,City of Wylie, Dallas County,Texas. C. Consider and Act Upon a Preliminary Plat for the Southplace Estates Phase II addition,proposed by Ballpen Venture II, L.P., generally located along the east side of Taos Lane between Cloudcroft Drive and Silvercreek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. D. Consider and Act Upon a Preliminary Plat for the Harvest Bend Addition, proposed by Doupharate and Associates,Inc.,generally located at the southwest corner of FM 2514 and Dog Drop Road and being all of a certain 16.356 and all of a certain 20.042 acre tract out of the W.D. Penny Survey,Abstract No.696,City of Wylie,Collin County,Texas. Wylie City Council Minutes • November 17,1998 Page 1 Mayor Pro Tem Worley made a motion to approve Items A-D on the Consent Agenda. Councilman Scott 'seconded the motion. A vote was taken and the motion passed,6-0 The Mayor stated that staff has provided a breakdown of the assessed value of an average home in Wylie what the property taxes are,including WISD, County and City and what portion is spent in the community. Items for Individual Consideration Public Hearings 35. Hold the Second of Two Public Hearings for the Annexation of property owned by William F. Young, containing 1.0 Acre being out of the Elliot C.Davidson Survey,Abstract No. 266,being a 1.00 acre tract of land out of a 72.5 acre tract,save and except previous conveyances,conveyed to J.R. Eaves by deed dated the 9' day of March, 1958, by J.W. Barnett et ux, of record in Volume 411,page 494,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 9) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. For recording purposes, no one was present at the public hearing on November 10,1998. With no response,the Mayor then closed the public hearing. 34. Hold the Second of Two Public Hearings for the Annexation of property owned by W.L.Brown, containing 1.0 Acres out of the William Sachse Survey,Abstract No.696 of 640 acres,about 14 miles Southeast from McKinney, Collin County,Texas, and being out of that 40 acres of land which is described as First Tract in a Warranty Deed from Jick Housewright et al to D.R.Moore and Kathleen G.Moore,dated April 15, 1954,recorded in Volume 484,Page 379,Deed Records of Collin County,Texas,. Mr. Maples gave a general property description and indicated property location on the map. (Tract 1) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Sister of Mr.Brown,representing the property owner. Mr.Brown's sister advised Council that her brother was present at the last public hearing and spoke in opposition of the annexation. She advised Council that her brother passed away on Thursday. She stated that as his heirs they do not want annexation either. She requested that Council leave them alone and not consider annexation of the property. With no further response,the Mayor closed the public hearing. Wylie City Council Minutes November 17,1998 Page 2 33. Hold the Second of Two Public Hearings for the Annexation of property owned by Garry White, containing 1.089 Acres,out of the I.&G.N.Railroad Company Survey,Abstract No. 1059,Collin County,Texas,and also being part of a 4.00 acre tract as conveyed to Glen E.Pockrus and wife, Joyce Pockrus,recorded in Volume 1293,Page 84,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 107) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Shirley White,711 Parker Road Ms.White spoke in opposition to the annexation. Ms. White restated her comments from the last public hearing of November 10, 1998. She stated that when the city can furnish water,sewer and city streets then she would be acceptable to annexation. With no further response,the Mayor then closed the public hearing. 32. Hold the Second of Two Public Hearings for the Annexation of property owned by Thomas Brown,containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No.696,and being a part of a 25.679 acre tract conveyed by C.I.Norton and Lyda P.Norton to L.D.Pearce,L. G.Pearce and F.W.Pearce,as recorded in Volume 496,page 268, of the Deed Records of Collin County, Texas. Mr.Maples gave a general property description and indicated property location on the map. (Tract 105 & 106) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Thomas Brown,709 Parker Road Mr.Brown spoke in opposition to the annexation. Mr. Brown restated his comments from the public hearing of November 10, 1998. He does not see the city providing services within the four and one half years. He stated that if the city provides services,he would not object to annexation. The Mayor stated that the information provided gives a breakdown of all services provided including police,fire, library,streets,parks and general government and debt service for financing roads and capital investments such as fire truck,police cars,and water. City Manager Mike Collins clarified that reference was made to the county's reimbursement to the city for fire calls made. He stated that this is true,the County does reimburse the city at an amount of$45,while the actual expense of making a fire call,without a structure fire,is $360. • Wylie City Council Minutes November 17,1998 Page 3 Mr. Brown asked if it was currently in the plan to paving the road and provide sewer services. The Mayor responded that no,because he is not in the city,we cannot not plan sewer services to an unincorporated area. City Manager Mike Collins stated that the breakdown provided was to clarify the services provide with tax dollars and that water and sewer services was a separate issue. Mr. Collins clarified that if you are not receiving sewer service you are not nor will not pay for those services. With no further response,the Mayor then closed the public hearing. 31. Hold the Second of Two Public Hearings for the Annexation of property owned by Choya Tapp, containing 3.491 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and the William Sutton Survey, Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L.Bass and wife,Helen R.Bass to William E.Butler and wife, Charlene L.Butler,as recorded in Volume 855,Page 745,Deed Records of Collin County,Texas. The Mayor asked that the record show that at the last public hearing of November 10,it was determined that this property is one that Council has indicated that it would be dropping from the process. (Tract 95)Mr. Maples stated that the public hearing was advertised and a hearing would need to be conducted. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 30. Hold the First of Two Public Hearings for the Annexation of property owned by Melvin St.John, containing 28.333 Acres,being part of a called 58 acre tract out of the Henry L.Douglas Survey, Abstract No.292 and the William Sutton Survey,Abstract No.860,conveyed to W. O.Houston and John D. Houston by G. H. Drewery and recorded in Volume 339, Page 436 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 93) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. For recording purposes,no one was present at the public hearing on November 10, 1998. With no response,the Mayor then closed the public hearing. 29. Hold the Second of Two Public Hearings for the Annexation of property owned by Ivan W. Stewart,containing 1.0 Acre,being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G.C. Kreymer, Archie Kreymer, Clifton Kreymer,and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 16) Wylie City Council Minutes November 17,1998 Page 4 .The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor closed the public hearing. 28. Hold the Second of Two Public Hearings for the Annexation of property owned by Kenneth Putman, containing 3.459 Acres,being a part of an original 12 acre first tract out of the James Truett Survey,Abstract No.920 conveyed to Orville Kreymer,et al,by Media Kreymer,a widow, by deed recorded in Volume 645,Page 627,of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 14) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Diane Stone, 140 Paul Wilson Road Ms. Stone addressed Council on behalf of Mrs. Putman,who has recently lost her husband. She asked that Ms. Stone voice her opposition to the annexation. With no further response,the Mayor then closed the public hearing. 27. Hold the Second of Two Public Hearings for the Annexation of property owned by O. V.Justus, containing 1.003 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 92) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Danny Justus,P.O.Box 1714 Mr.Justus spoke in opposition to the annexation of his father's property. He asked Council how many Council members have had property annexed or how many have ever gone through an eminent domain proceeding? Mr. Justus stated that he had gone through it once with the State,he stated that he does not question the desire of the city's expansion but his problem is with forcing his individual rights to be suppressed. Mayor Mondy reminded Mr.Justus that he was to address only Item No.27 at this time. Mr. Justus stated that this property is not within the city limits adjacent to a field and has been that way since his father has owned it. He feels that it is only to raise finances and this in the only benefit he can see. He asked Council what the benefit to the city is to annex his father's property? He stated that he felt that the Council was suppressing his father's individual rights to not be within the City,as so expressed by many in attendance. He stated that his ancestors fought in many wars and this country was established not only for independence of other powers,but for individual expression. Wylie City Council Minutes November 17,1998 Page 5 With no further response the Mayor then closed the public hearing. The Mayor then moved to Item No. 8 on the Agenda. 8. Hold the Second of Two Public Hearings for the Annexation of property owned by Danny Justus, containing 1.16 Acres, out of the William Sutton Survey, Abstract No. 860 and the Henry L. Douglas Survey,Abstract No.292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Danny Justus,P.O.Box 1714 Mr.Justus stated that this property has been in his family for twenty years and has never served any purpose to the city. He again stated that the only purpose he can see for taxation purposes. He stated that his quote in the City paper was not accurate and that he did not want to suggest that the city has no right to grow,however,some purchased property outside the city and do not want to be a part of the city. He stated that he feels that many are concerned that they are overtaxed. With no further response,the Mayor then closed the public hearing. 26. Hold the Second of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District, containing 32.078 Acres,being out of Francisco De La Pina Survey, Abstract No.688,in the City of Wylie,Collin County,Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L.Creel and evidenced by Order on Report of Commissioners recorded in Volume 249,Page 346 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 22) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. For recording purposes,no one was present at the public hearing on November 10, 1998. With no response,the Mayor then closed the public hearing. 25. Hold the Second of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District, containing 7.94 Acres, out of Francisco de la Pina Survey,Abstract 688, Collin County,Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners,by order of probate Court,December 29, 1923, and recorded in Volume 249, page 346,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 20) Wylie City Council Minutes November 17,1998 Page 6 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. For recording purposes,no one was present at the public hearing on November 10, 1998. With no response,the Mayor then closed the public hearing. 24. Hold the Second of Two Public Hearings for the Annexation of property owned by Robert E. Nolan, containing 0.681 Acres out of the E.C. Davidson Survey,Abstract No. 266,conveyed to L.W.Self and wife,Glenda O.Self by R.H.Wilson and wife,Grace L.Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records, and being a part of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamon Reynolds and wife,Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 6) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Robert Nolan, 1320 W.Brown Mr. Nolan spoke in opposition to the annexation of his property. Mr. Nolan restated his comments from the November 10 public hearing. Mr.Nolan feels that the reason for the annexations is only for tax purposes. He is strongly opposed to the annexation. With no further response,the Mayor then closed the public hearing. 23. Hold the Second of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 2.7624 Acres,out of the Henry L.Douglas Survey,Abstract No.262,and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W.Housewright as recorded in Volume 773,Page 291,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 87) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Peter Nicklas, 1 Goll Road Mr. Nicklas wished his comments to be recorded for Item Nos. 22 and 21 as well. Mr. Nicklas stated that Council mentioned closing donut holes. He stated that by taking in his property,they would create a donut hole by leaving out a distasteful area that is out of control. He asked that if we take his property,that we also take the remaining area as well to control both. He asked that until this area is developed or unless the donut hole is also taken in,that Council not annex his property at this time. Wylie City Council Minutes November 17,1998 Page 7 ,With nq further response,the Mayor then closed the public hearing. 22. Hold the Second of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 3.590 Acres, out of the Henry L. Douglas Survey, Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll, et ux, as recorded in Volume 1184, Page 893, Deed Records of Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Mr.Nicklas on Item No. 23 also be recorded for Item No. 22. With no further response,the Mayor then closed the public hearing. 21. Hold the Second of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 7.32 Acres, located on Old Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of the Henry L.Douglas Survey,Abstract No.292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Mr.Nicklas on Item No. 23 also be recorded for Item No. 21. With no further response,the Mayor then closed the public hearing. 20. Hold the Second of Two Public Hearings for the Annexation of property owned by Norma Motsenbocker, containing 3.93 Acres, out of the Henry L. Douglas Survey, Abstract No. 292, about 2'/2 miles South of the Town of Wylie,Texas,and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959,By Addison G.Wilson,Jr., said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214, Page 602,Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. Mr. Maples stated that this property is one that Council had previously indicated that it would be dropping from the process. (Tract 97) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no further response,the Mayor then closed the public hearing. Wylie City Council Minutes November 17,1998 Page 8 19. Hold the Second of Two Public Hearings for the Annexation of property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and the William Sutton Survey,Abstract No.860,Collin County,Texas,and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance,Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map and stated that Council has previously indicated that this consideration of annexation of this property would be dropped. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 18. Hold the Second of Two Public Hearings for the Annexation of property owned by Vicki S. Monson, containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 8) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 17. Hold the Second of Two Public Hearings for the Annexation of property owned by Vicki S. Monson, containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 7) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response the Mayor closed the public hearing. 16. Hold the Second of Two Public Hearings for the Annexation of property owned by Kreymer Investments,Ltd.,containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No.920,conveyed to Orville Kreymer,et al,by Media Kreymer, a widow,by deed recorded in Volume 645,Page 627 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 15) Wylie City Council Minutes November 17,1998 Page 9 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. For recording purposes, no one was present at the public hearing of November 10, 1998. With no response the Mayor then closed the public hearing. 15. Hold the Second of Two Public Hearings for the Annexation of property owned by Charles Kerin, containing 4.453 Acres, out of the W. D. Penny Survey, Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer,et ux as recorded in Volume 618,Page 312,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 104) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Dr. Charles Kerin,property owner. Dr.Kerin spoke again in opposition to the annexation of his property. He added that last week Mr. Jack Jones, Public Works Superintendent,confirmed that a lift station would be required to provide sewer service and connect to the Pointe North system. He stated that this is the same situation as was ten years ago when his home was built and this is why he installed a septic sewer system. Dr. Kerin stated that he did attend the Comprehensive Plan Workshop last Thursday and his property was not in either scenario and felt that his property was not important enough to be included on a map or workshop yet the city is willing to annex his property for its tax base. He stated that most of the growth is projected to the go to the south east. He stated that to make the parcel contiguous,his neighbor Ms. Turner,who is on social security and has no means to pay taxes,may be annexed as well. He stated that he felt this issue deals with both morals and ethics. He stated that if services were not provided,you should not be expected to pay for them and that the only reason he could see for annexation was for tax purposes. He asked Council to carefully consider the annexation,stating that he is happy with the current services provided and that with no evidence of growth, to annex now would be premature. He stated that Council's individual votes would be a demonstration of their values to him and those interested. With no further response the Mayor then closed the public hearing. 14. Hold the Second of Two Public Hearings for the Annexation of property owned by Janish,Inc., containing 2.5971 Acres, out of the James Truett Survey,Abstract No.920 situated in the City of Wylie, Collin County,Texas and being that same property described in substitute trustee's deed executed by Mark S.Houser recorded in Volume 3851,Page 148 of the Deed Records of Collin County,Texas,and also being a part of Kinsington Manor Estates Section Three,Section Four and Section Five,additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568, Cabinet C,Page 571 and Cabinet C,page 570,respectively,of the Plat Records of Collin County, Texas. „_ Mr. Maples gave a general property description and indicated property location on the map. (Tract 19) Wylie City Council Minutes November 17,1998 Page 10 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Charles Janish,President of Janish,Inc. Mr. Janish spoke in opposition of the annexation of his property. Mr. Janish restated his comments from the November 10 public hearing. He further stated that he sees no benefit from the annexation. He reported that this evening they had vandalism at his property and he was unsure of whom to call, since part of his property is in the City. He asked that since the city does not maintain Paul Wilson Road,that the city return it to the County and leave them in the County as well. He stated that he can see no benefit from taxation. Mr. Janish then asked, if he is annexed,when the taxes would be assessed. He was advised that the taxes would be due at the end of 1999. The Mayor clarified that he currently has an 8'water line, a TU Electric easement in his backyard, and two septic systems. Mr. Janish confirmed this was correct. With no further response the Mayor then closed the public hearing. 13. Hold the Second of Two Public Hearings for the Annexation of property owned by Don Hoeft, containing 1.414 Acres, being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G. C. Kreymer, Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 18) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Don Hoeft,302 Paul Wilson Road. Mr. Hoeft spoke in opposition to the annexation of his property. Mr. Hoeft restated his comments from the November 10 public hearing. He does not see any advantage of being a part of the city. He stated that this is taxation without representation,something that this country went to war over. He felt that most cannot afford additional taxes. Mr. Hoeft strongly opposes the annexation of his property. With no further response,the Mayor then closed the public hearing. 12. Hold the Second of Two Public Hearings for the Annexation of property owned by Diane E. Getty, containing 1.413 Acres, out of the James Truett Survey,Abstract No.920,being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County,Texas. • Wylie City Council Minutes November 17,1998 Page 11 ,Mr. Maples gave a general property description and indicated property location on the map. (Tract 17) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Diane Stone, 140 Paul Wilson Road. Ms. Stone spoke in opposition of the annexation of her property. Ms. Stone restated her comments from the November 10 public hearing. She further stated that the city could not provide any additional services. She restated that she is across from St. Paul with four other properties being considered for annexation. She stated that her family is on a limited budget and additional taxes present a burden to their family. With no further response the Mayor then closed the public hearing. 11. Hold the Second of Two Public Hearings for the Annexation of property owned by Jesus Espinoza,containing 5.0 Acres,out of the W.D.Penny Survey,Abstract No.696,and being a part of the 25.679 acre tract conveyed to L.D.Pearce et al by C.L.Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (103) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. For recording purposes, no one attended the November 10 public hearing. With no response, the Mayor then closed the public hearing. 10. Hold the Second of Two Public Hearings for the Annexation of property owned by William Downs, containing 1.871 Acres, being a part of a 6 acre tract out of the W.D. Penny Survey, Abstract No.696,conveyed to Ray Price and wife,Pauline Price,by Ray Tiller,a single man,and Mary L.Tiller, a single woman,by Deed recorded in Volume 817,Page 596, Deed Records of Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.William Downs,601 Parker Road Mr. Downs asked Council if this is simply about taxation and asked for a response from Council. The Mayor responded that it was not,in his opinion. Mr. Downs stated that the letter had no explanation for the annexation and Council's actions to drop several parcels,without explanation,leaves the remaining property owners to only imagine what the city intend is and asked Council to offer an explanation. Wylie City Council Minutes November 17,1998 Page 12 .The Mayor stated that the reason for dropping several parcels was because of the city's inability to provide services at the most cost effective manner. He stated that this area would be under construction within the next 24 months. Mr.Downs stated that this was difficult for him because they have been through the process before. He did not feel that morally, this was the correct thing to do. Mr. Downs stated that the outcome of the annexations will effect the lives of those Council imposes their will on and asked that Council not use the law like a club. With no further response,the Mayor then closed the public hearing. 9. Hold the Second of Two Public Hearings for the Annexation of property owned by William Downs,containing 2.857 Acres,out of the W.D.Penny Survey,Abstract No.696,Collin County, Texas; and being part of a certain 25.679 acre tract as described in deed to L.D.Pearce recorded in Volume 496,Page 268,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 101) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.William Downs,601 Parker Road Mr. Downs continued that this process is a charade and he understood that we are simply following a process. He asked that Council respond to him,and if this is not about taxes,then what is it about? The Mayor responded to Mr.Downs stating that if he had been in the city,his neighbor would not be there with a double wide mobile home. Mr.Downs asked if the Mayor was suggesting that he wants the city to protect him and that he could not work out his differences with his neighbor. Mr. Downs restated that he did not need or want the city to protect him from his neighbor,nor did he want to pay the city to protect him but that he would pay the city paper to take out a quarter page ad to voice his opinion about these kinds of proceedings of using the law like a club. He again asked that Council respond to his question,and that to be protected from his neighbor is not rational reason to be annexed into the city. The Mayor stated that approximately six months ago when a developer asked to put in an apartment complex close to his area,his neighbors came and asked for protection,which the Council gave. With no further response,the Mayor then closed the public hearing. Item 8 had previously been heard after Item No. 27. 7. Hold the Second of Two Public Hearings for the Annexation of property owned by Antonio Curcio,containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstract No.688 and being part of a 43.24 acre tract conveyed to C.Truett Smith recorded in Volume 484,Page 121,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 30) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Wylie City Council Minutes November 17,1998 Page 13 Ms.Mary Curcio, 1200 Paul Wilson Road. Ms. Curcio spoke in opposition to the annexation of her parent's property. Ms. Curcio spoke on behalf of her parents, her father spoke at the last public hearing of November 10, 1998. She stated that she felt the annexations are random. She stated that her parents currently have all services required and they had concerns regarding improvements and maintenance of the road in front of their home. She stated that it appears that annexation is for tax purposes only. She stated that her parents are senior citizens living on a fixed income. She stated that they had cleared the land and built their home in hopes of living out their `golden years' and that the annexation could diminish their quality of life. She asked that Council please omit this property from annexation consideration. With no further response,the Mayor then closed the public hearing. 6. Hold the Second of Two Public Hearings for the Annexation of property owned by Benny Coomer, containing 1.57 Acres,out of the Henry L.Douglas Survey,Abstract No.292, about 2 '/2 miles South of Wylie,and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs.Rose Rogers Coleman,recorded in Vol.214,Page 602,Deed Records of Collin County,Texas,said 108.5 acres being the same land described in a deed from M.J.P. Haymas to George Rogers by deed dated April 6, 1874,and recorded in Vol.W,Page 956,Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. Mr. Maples stated that this property was one that Council had indicated it would be dropping from the process. (Tract 96) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. 5. Hold the Second of Two Public Hearings for the Annexation of property owned by C. Connelly, containing 5.0 Acres, out of the W.D. Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated Mardi 1, 1955,of record in Volume 496,Page 268,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 102) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 4. Hold the Second of Two Public Hearings for the Annexation of property owned by Mark Clayton,containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No.688,Collin County,Texas and being out of a 43.24 acre tract of land conveyed to C.Truett Smith,et al,by Jack Parr,et ux,as recorded in Volume 484,page 121 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 31 & 32) Wylie City Council Minutes November 17,1998 Page 14 Mr. Maples gave a general property description and indicated property location on the map. (Tract 31 & 32) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Unidentified Female Participant -property owner Mark Clayton. The speaker advised Council that she did not attend the first public hearing, however, this should not be an indication that they approve of the annexation. She stated that she was in favor of city growth,however, she did not understand why the property across the street was not included and that between the two properties there is land that is in the city. She wanted to know why the property across the street was not considered and\v by some parcels were dropped. She stated that she does not wish to be a part of the city since we are not annexing the property across the street and stated that this would be spot annexation. With no further response,the Mayor then closed the public hearing. 3. Hold the Second of Two Public Hearings for the Annexation of property owned by Charles Bunting,containing 1.50 Acres,situated in the Francisco de la Pina Survey,Abstract 688, Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 34) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 2. Hold the Second of Two Public Hearings for the Annexation of property owned by Conrad E. Boyer,containing 1.717 Acres out of the L.K.Pegues Survey,Abstract No. 703,being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715,Page 708 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 2) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr. Conrad Boyer,Property Owner. Mr. Boyer stated his opposition to the annexation of his property. He asked that Mr. Justus' and Dr. Kerin's statements read into his reasons for opposition to the annexation. Mr. Boyer stated that at the last meeting he asked some questions,one of them being,if anyone knew why his land was excluded from the 1995 annexations. He asked if anyone had researched his question. He stated that he asked around and found out that the storm drains the city installed diverted water to the creek on his property and the city did not want to take on the maintenance of the creek. Wylie City Council Minutes November 17,1998 Page 15 He stated that part of him does not mind being a part of the city and he has done business within the Wylie community . He also stated that he did attend the Comprehensive Plan Workshop and applauded the city's efforts and vision. However,Mr. Boyer stated that he did not want to be annexed because he does not believe that the city will not protect his rights on how he uses his land as he would. He cited Hooper Road as an example and stated that this will change only with development. He asked that the city not take on the expense of creek and road maintenance and wait for future development to help with the costs and expenses. With no further response,the Mayor then closed the Public Hearing. 1. Hold the Second of Two Public Hearings for the Annexation of property owned by Keith Anderson,containing 2.33 Acres,being out of the James Truett Survey,Abstract No.920,City of Wylie,Collin County,Texas,and being part of that tract as recorded in Volume 158,Page 457, Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property on the map. (No. 115) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Marvin Fuller,355 Donna Drive Mr.Fuller stated that he was asked to speak on behalf of Mr. Anderson. Mr. Fuller stated that Mr. Anderson's concerns are that his property is next to the railroad tracks and the property south is not being annexed. He is a tax payer and resident in Wylie. Mr. Maples stated that the property to the south is one that the legal description research is not complete due to records at the County level,however,the research is ongoing. With no response,the Mayor then closed the Public Hearing. Approval of a Resolution 36. Consider and act upon a resolution, formally requesting that the Farm-to-Market (FM) designation for a portion of Ballard Street between Butler and Stone streets be eliminated by the Texas Department of Transportation(TxDOT) and establishing the City of Wylie maintenance responsibility for the same portion. Mr.Mike Collins addressed this item. Mr. Collins stated that the North Texas Municipal Water District's will be installing a 72" water main located down South Ballard resulting in a four-lane divided thoroughfare. Mr. Collins stated Mr.Fuller's efforts on behalf of the water district to encourage the city to look at an alignment to save the canopy of trees on Ballard. After some discussion between the engineers and North Texas the results are an alignment saving the trees. Mr. Collins stated that the Texas Department of Transportatation does not allow any type of facialitis to be constructed beneath their pavement,therefore a change in the FM designation is neccessary to move forward on this project. Mr.Collins explained that TxDot would be returning the road to the city in order to be maintained. • Wylie City Council Minutes November 17,1998 Page 16 A motion was made by Mayor Pro Tem Worley to approve a resolution,formally requesting that the Farm-to- Market(FM)designation for a portion of Ballard Street between Butler and Stone streets be eliminated by the Texas Department of Transportation(TxDOT) and establishing the City of Wylie maintenance responsibility for the same portion. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0. RESOLUTION NO.98-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WUYLIE, COLLIN COUNTH, TEXAS, REQUESTING THE TEXAS DEPARTLMENT OF TRANSPORTATION TO REMOVE THE FARM-TO - MARKET DESIGNATION FOR A PPORTIN OF BALLARD STREE,BWTEWEN BUTLER AND STONE STREETS;AND ESTABLISHING THE CITY OF WYLIE'S RESPONSIBLITY FOR MAINTENANCE OF THE ROADWAY. Staff Reports City Manager Mike Collins reported that discussions will continue with the North Texas Municipal Water District with regard to the Wastewater Treatment Plant and hope to come before Council in late January or early February with a draft of the agreement. The Mayor announced that the city has reached an agreement with the County and Kansas City Soutern Railroad. A press release has been released and information has been provided on the table at the chamber entrance. The Mayor reported approximatley 9 million has been leveraged to hopefully make the community safer, quieter and easier to move through. The Mayor stated that all details are not lined out,but the legal teams will come forward with a timeline and Council hopes to have an agreement on the 15th of December. Council was then in recess for approximatley 45 minutes to allow the Planning and Zoning Commission to conduct their scheduled meeting. Wylie City Council/Planning & Zoning Commission Joint Worksession Discussion Regarding Residential Zoning Districts and Development Standards. The Mayor reconvened in Worksession at 8:05 in the Council Conference Room for a joint worksession with the Planning and Zoning Commission. The Council and the Planning and Zoning Commission held disucssions on the status of the Comprehensive Plan review and the visions from the community. It was determined that zoning strategies must first be in place in order to establish a vision and that this is the basis for zoning decisions. It was agreed that the issue of residential zoning is the primary focus. There was considerable discussion regarding future requests for SF-3 zoning designation and the time frame in addressing this issue with regard to the Comprehensive Plan Review. It was decided that the Planning and Zoning Commission would meet again with the Council for another joint worksession on December 15, 1998. • Wylie City Council Minutes November 17,1998 Page 17 Adjournment. 'As there was no further business to come before the Council,the meeting was adjourned. John Mondy, Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes November 17,1998 Page 18 WYLIE CITY COUNCIL ;4,11 INDIVIDUAL CONSIDERATION December 15, 1998 Item No. Issue Consider and Act Upon an Ordinance annexing all of a certain 110 Acre tract out of the J.W. Mitchell Survey,Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. Background The City of Wylie has received a request for annexation from Mrs. Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Specifically,per the applicant request the City of Murphy, Texas,has released this property from their extraterritorial jurisdiction (ETJ) due to the fact that Murphy utilities are unavailable at this time(see attached resolution# 268). Also, staffhas held preliminary discussions with the development community regarding the zoning and development of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see,the two(2)public hearings have been scheduled for the October 13, 1998, and October 27, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for November 17, 1998. Notice published for the first public hearing: September 30, 1998 First Public Hearing: October 13, 1998 Notice published for the second public hearing: October 14, 1998 Second Public Hearing: October 27, 1998 Institution date(Adopt Ordinance): December 15, 1998 Individual Consideration Annexation-McWhirter Paae 1 Financial Considerations According to the Collin County Central Appraisal District,the marketing value of the property is $363,000 with an accessed taxable valuation of$21,450. Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). • Section 43.057 of the Local Government Code, states that if a proposed annexation causes an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find,before completing the annexation,that surrounding the area is in the public interest. Should the Council approve this annexation, a five(5) acre out parcel in Murphy's extraterritorial jurisdiction(ETJ)will be totally surrounded by the City of Wylie proper. The five(5) acre out parcel is generally located along the north side of McMillan Road east of the 110 acre tract requested for annexation(see attached map). As a result, Council must find that surrounding this area is in the public interest prior to completing the annexation proceedings. Staff is of the opinion that surrounding this property is in the public interest due to the fact that the property will no longer be contiguous with the City of Murphy and based upon Wylie's ability to provide public services to the area. Also,please note that staff has contacted the City of Murphy in order to initiate a boundary agreement process and add the out parcel to the City of Wylie extraterritorial jurisdiction(ETJ). Commission Recommendation Not applicable Staff Recommendation Approval Attachments Applicant's letter Exhibit "A"legal description Resolution No. 268(Rclease from Murphy ETJ) City limits boundaries map Service Plan Annexation Ordinance Prepared by Reviewed by Finance City Manager Approval Individual Consideration Annexation-McWhirter Paae 2 ff • Mrs. ]Patsy Lerris • 8421 Privafe Road#5201 Princeton,Texas 75407 March 5, 1998 Mr. Mike Phillips City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Annexation into the City of Wylie of an approximate 110 acre tract of land located at the northeast corner of McMillan and McCreary Roads, being situated in the J.M. Mitchell Survey, Abstract •No. 589, Collin County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property") Dear Mr. Phillips : Please accept this letter as my formal request to the City of Wylie to annex the Property into the jurisdiction of the City of Wylie promptly upon the disannexation of the Property from within the jurisdiction of the City of Murphy. Simultaneously with this annexation request, I have formally requested the City of Murphy to disannex the Property from within the jurisdiction of the City of Murphy. If there is anything further that I need to do in order to expedite the conclusion of this request, please let me know at once. Please do not hesitate to contact me should you have any questions with respect to the foregoing or need anything further. I look forward to hearing from you. Very truly yours, 171).44 ve Mrs . Patsy Lewis cc: Mr. Roy Bentle - Mayor City of Murphy Route 3, Box 448 Plano, Texas 75094 jjm\ltr\0198\lewis.ann It f-,y\ 1 </I6/f 4• BEING ell that certain lot, tact of parcel- of land situated in the J. W. Mitchell Survey, Abstract No: • 589, Collin County, Texas, cnd being the same property conveyed'.to Patsy Sue Doningo by J. 0. .McWhi o and..wrfe, Purl Mc`, hirter, by deed as recorded in Volume 942•att Page 468 of the Deed Records of Collin County, Texas, cafed•110 acres in two tracts' of land end being more particularly described as 'follows: • . • • • BEGINNING et'a 5/8- iron rod aet.for comer for the Southeast corner of Tract 2 of said Donihoo,.property, said point•being .the Southwest corner of c celled • 5.00 ccro tract of land' conveyed' to. Gene Lewis by deed cs recorded ord alsoi bol umein 606 et Page 546 of•the Deed Records,of Collin County, Texas, the old canter of McMillan Road (County Road No. 298), (70 :foot right—of—way, the North 20 feet .by prc?criptive easement -and the,South 50 feet by dedication); • • - TNENCE North 89' 33' 04'•..West along the South lino•of said Donihoo tract and following the North line.'of a•called,'120.6•42 ocro tract''described• in. Deed of Trust as recorded in-Volume, 1915'ct .Fags•654 of:the. Deed Records of Collin County, Texas, cnd following. the old center of Mc?.!itlon Raid .at 50.0 feet North of and parcltei to the. North.line of a celled 115.155 acre•trcct conveyed to Clayton/Combridge 'Joint Venture as •recorded•in•County Clerk'File No. 920045237 of the Deed Records of Coilin'County; Texas, and the South The of Mc?lillan Road for a distance of. 1818,08 feet:(1815 feet'deed) to e railroad spike set for the Southwest.corns; of said Donihoo proper•iy; - ' THENCE rth OCT .36' 4.c•East along• the West line of said Donihoo property end the coiled West line' of•the J. W. 'Mitehci Survey cnd the called East line of the C. A. ?.lcMilien`Survey, 'Abstract No. • foot and folio following right—of—way)the erof for c McCreary Rocd (County•Rood No. 245), ^( p distance of 2669.91 (eet••(26.40 feet deed). to a railroad spike sot in os hott for corner, said point being the _North-West corner of the Donihoo 110 acre tract and the celled Northwest-corner of said J. W. Mitchell Survey end else being the Southwest corner of 'celled EO acre 'tract conveyed to E. Donihoc by deed cs re-corded in Volume 549- et Page 461 of the Deed Records of• Collin County, Texas; THENCE North 89' 33 32' East along the common line of said coiled 110 acre tract and the 80 acre tract cnd following the called .North di d)e of tee J. ion Mitchell Survey for a d'rs,ance of 18_1.6 . feet pipe found for corner, sold point being the Northeast corner of said celled 110 core tract end also being in the West line of McCreary called .113.40 Liz acre eFa,ct of ship land conveyed to•VIiliicm E. Campbell, Jr. — �Mc�merrY by deed cs recorded in Volume 6.81 at Pcge 802 of the Deed Records of Collin County, Texas; THENCE South 00" 40' 53- West along the common gline of the coiled e 110olacre tract and the called 113.407 acre tract and following the general the PLACE ld fence line for a distance of•2698.21 .feet (2640 feet deer) too the of whichO 2.6596 BEGINNING and CONT J NG 112.1246 ACRES OF LAND, r1 ACRES crc located in' the undedicated 20 foot right—of—way of McMillan ..Rood and the undedicated' 30.foot right—of—way of },►cCreory Road leaving e net crec of 109.4650 ACRES OF LAND. 24 98 12:O6p p.2 RESOLUTION NO. 268 WHEREAS, Patsy Lewis, the owner of a 110 acre tract of land situated in the extraterritorial jurisdiction of the City of Murphy, Texas, has requested that the City release that property from its extraterritorial jurisdiction; and WHEREAS, Patsy Lewis, desires to have the property annexed into the City of Wylie, Texas; and WHEREAS, the City of Murphy, Texas, is willing to cooperate in the release of the land from its extraterritorial jurisdiction to the extraterritorial jurisdiction of the City of Wylie and consent to the annexation of said land, conditioned upon the initiation of the annexation proceedings within six months of the date of this resolution.and the completion of the annexation within eighteen months of the date of this resolution: NOW, THERF.FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS: That the 110 acres of land, more particularly described in Exhibit A,-attached hereto and made a past hereof for all purposes as though fully set out herein, is hereby released from the extraterritorial jurisdiction of the City of Murphy, Texas, and the City of Murphy does hereby consent to the annexation of said property to be annexed by the City of Wylie, Texas; IT IS FURTHER RESOLVED, HOWEVER, that this consent and release of the extraterritorial jurisdiction is valid onlyi f the Cityof Wylie initiates annexation proceedings within six months 'Y of the date of this resolution and completes such proceedings within eighteen months of the date of this resolution. ADOV1"ED this 6th day of April _ , 1998. Roy W. Benue, Mayor ATTEST: Linda B. Marley, bly Sectietary APPROVED AS TO FORM: �, Je . G ore, City Attorney • (PARKER CITY LIMITS�� ) :.,,,_. _// . ..,--Th . H 111111 1 . r..) PARKER CITY 1a; T L M II \\:.\:.:-..---..\\,, •,-4 .,••• .': t.?:;&. e.... ;;.,..,.. er �,$-� . Orr'-.4-"....q-..r.:...1:-* :r,;.3iLital e R---d r 0- .3 r L. nej . .. .... .. .. ,... .. ..... .. . :., ..,..... „... „ :7,.....:,.. _, ... „..:;,::1 7!;ri -:.;::i.4i.t.•-",..1:.;;-7.4-, -06'''Itl.. zr e ,, ,o ,„--..figl!:**-..Fr..-..47.4,-1'..:ir :::11..::‘,:-.I.•.1z4 :;11.'.::',$:'4?"ir,-,,..:•,, eg''''-: . :,..:„..,.,....,., ,....:.:Ix.:xi;;Ir!_,:F•S"X.'M.. • unium.amain%ni��� '=•ai s anteosrr 1 — -- Itw_ _'hIiU�gnnrtwnw7,_!I_ -.:-= __whine $. O��21.0J! E2J ANL ink 1 I 1 iI -Si% ! 1r _ f I (I "Exhibit B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: October 13, 1998 ACREAGE ANNEXED: 110 +ACRES SURVEY, ABSTRACT & COUNTY: J. W. Mitchell Survey Abstract No. 589 Collin County, Texas Municipal Services to the acreage described.above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. • G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten (10) years from the effective date of the Ordinance. 4.--/"../“.d Owner i n Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 110 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT NO. 589, BEING THE SAME PROPERTY CONVEYED TO PATSY SUE DONIHOO BY J.O. McWHIRTER AND WIFE, PERAL A. McWHIRTER, BY DEED AS RECORDED IN VOLUME 942 AT PAGE 488 DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 deed records, Collin County, Texas. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. • SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: • BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. Issue Consider and Act Upon an Ordinance Annexing all of a certain .998 Acre tract out of the Francisco De La Pima Survey,Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell-and wife Nancy-Kaye Mitchell, by deed asrecorded_in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. Background The City of Wylie has received a request for annexation from Mike Douglas for a .998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane. The applicant is requesting annexation in order to establish connections to City of Wylie utilities. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2)public hearings have been scheduled for the October 13, 1998, and October 27, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for November 17, 1998. Notice published for the first public hearing: September 30, 1998 First Public Hearing: October 13, 1998 Notice published for the second public hearing: October 14, 1998 Second Public Hearing: October 27, 1998 Institution date(Adopt Ordinance): December 15, 1998 Individual Consideration Annexation-Mitchell Pace I Financial Considerations According to the Collin County Central Appraisal District, the accessed taxable valuation of the property is$335,412.00 Other Considerations • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered,under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute(see attached service plan). Commission Recommendation Not applicable Staff Recommendation Approval Attachments • Applicant's letter Exhibit "A"legal description City limits boundaries map Service Plan Annexation Ordinance /AAJAAILA.A.44.) 701.4-1te Pre pared by Reviewed by Finance City Manager Approval Individual Consideration Annexation-Mitchell Paae 2 FarmTek/ • Sport Timing Specialists • r:armTek, Inc. 5113 Heritage Avenue (972) 495-6529 Sachse,TX 75048 FAX: 530-6103 July 1, 1998 City of Wylie,Texas 2000 Highway 78 North Wylie,TX 75098 To Whom It May Concern, On behalf of FarmTek;Inc., owner of the property and buildings located at 1000 East Highway 78 North (also know as 1001 Easy Highway 78 North), and formally defined in the attached Survey and Legal Description, I request annexation of said property into the City of Wylie, Texas in the most expeditious manner possible. Please contact me with any questions. Thank you. Sincerely, 47._ e Douglas President, FarmTek, Inc. mwd/csh • • • • • Rai) J U N 1 91998 Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, C'ity of )S'ylie, Collin County, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell by deed recorded in Volume 2689, Page 793 and the saute tract of land • conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page .702, Land Records, Collin County, Texas and being more particularly described as follows: Beginning at a 3/8 inch iron rod found in the south right-of-way line of the St. Louis and Southwest Railroad (100'R.O.)).)for the northwest tourer'of a 2.939 acre tract of land conveyed to Paul C. Merritt and Richard A. Williams by deed recorded in Volume 2070, Page 140, Land Records, Collin County, Texas; Thence, S 00'00'00" E, along the west line of said 2.939 acre tract, a distance of 325.98 feet to- o 112 inch iron rod set in the north.right-of--way line of State Highway No. .78 for the southwest corner of said 2.939 acre tract and being in a curve to the left having ti radius of 2924.93 feet; Thence, along said curve to the left, through a central angle of 02° 59' 04", an arc length of 152.35•feet and a chord of S 75° 0.5' 48" )l; 1.52.34 feet to a 1/2 inch iron rod found for the southeast corner of a northerly tract of land described in a deed to A.U. Boyd.Family Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin County, Texas; Thence, N 00° 00' 00" F:, along the east line of said Boyd Family Trust Tract, a distance of 265.15 feet to a 1/2 inch iron rod set in the south right-of-way fine of said Railroad in a curve to the right having a radius of 5741.78 feet for the northeast corner of said Boyd Family Trust Tract, Thence, along the south right-of-way line of.said Railroad and curve to the right, through a central angle of O1° 46' 341, an arc leargtlt of 177.98 feet and a chord of N 5. ° 48' 36" E, 177.97 feet to the Point of Beginning and containing 43,492 square feet or 0.998 acres of land. i .11 aii ai ii ix i :a 1 ,, 7 a IMF . ue;;= .,.-,,,,,,a,- -- O • c� - . - A .ma rr �;s _ K• iFiiii /• � '� L i I I o • I r• \\\S,• MS DC W KS I i , , ' r if i w • as9si ' ../. ,-A %• , r >:�_ • �. �• ---1 3 .• • \\*.\O O . 1 . , SV\ , .• 1 .../ .• ,' 1 . . , ,• .. • , Q.) . c 0 , • PROPOSED _.._.._.._.._ ,,_ • ANNEXATION MAP ir i Cr "Exhibit B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: October 13, 1998 ACREAGE ANNEXED: .998 ACRES SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey Abstract No. 688 Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon • commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department,within the limitations of available water and distances from existing fire stations,and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 1 • 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four. and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level .of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. • 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. • 4. All inspection services furnished by the City; but not mentioned above, will be • provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty(60) days of the effective date of;the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. • G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr • 3. The same level of maintenance shall be provided to streets Within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property,water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty(60) days of the effective date of the annexation ordinance. 4. Private water .lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2)years after that date. 4 C:Annex.ltr • J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten (10) years from the effective date of the Ordinance. - - weer Signatur 17re5i eit f • • 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A .998 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, BEING THE SAME PROPERTY CONVEYED TO DOYLE R. MITCHELL AND WIFE NANCY DAYE MITCHELL, BY DEED AS RECORDED IN VOLUME 2689 AT PAGE 793 AND THE SAME TRACT OF LAND CONVEYED TO HOME TOWN FURNITURE, INC. BY DEED RECORDED IN VOLUME 2610, PAGE 702, LAND RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW•IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; PROVIDING.FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and • ' WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: .998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. • SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this .day of 1998. JOHN MONDY,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News NYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. gJ• Issue Consider and Act Upon a preliminary plat for the Winding Creek Estates Addition,proposed by D.R.Horton Custom Homes for the property generally located in the City of Wylie Extraterritorial Jurisdiction(ETJ)along the south side of Parker Road west of the FM 1378 and Parker Road intersection, and being all of a 44.531 acre tract out of the Lewis M.Marshall Survey,Abstract No. 594,Collin County,Texas. Background The preliminary plat under consideration is for the proposed Winding Creek Estates subdivision. The applicant is preliminary platting 44.531 acres of land in order to develop the property with single family residential uses. The property is currently vacant, unplatted, and located within the City of Wylie Extraterritorial Jurisdiction(ETJ). Other Considerations • Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for cul- dec-sac length. Specifically, Section 5.04 B(13)(b) of the Subdivision Regulations states that no cul-de-sac shall exceed 600 feet in length. The applicant is requesting a variance to this requirement. • In order to ensure emergency access to this development the applicant is proposing a divided entry and two (2) emergency access easements constructed in a manner suitable fore emergency vehicle traffic, while maintaining the appearance of a pedestrian greenbelt (see letter from applicant). • Preliminary water plans indicate water will be provided by Pecan Orchard Water Supply. Preliminary sewer plans indicate sanitary sewer service will be extended to this property from McMillen Road(see plat sheet C2). Financial Considerations Preliminary plat application fee in the amount of$245.00 - Paid Commission Recommendation This case will be heard by the Planning and Zoning Commission at their December 15, 1998,regular business meeting. As a result, staff will provide an update at the City Council meeting should the Commission take action. Individual Consideration Winding Creek Estates Paae 1 Staff Recommendation Approval . The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Applicant's Letter Preliminary Plat Preliminary Plat Application ,/.4:druffiz-k_- etaito Prepared by Reviewed by Finance CityManager Approval Individual Consideration • Winding Creek Estates Paae 2 Kurtz • Bedford Associates, Inc. ZOE CONSULTING ENGINEERS U SURVEYORS December 6, 1998 Mr. Tobin Maples ..E.. Director of Planning City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Dear Tobin: Re: Preliminary Plat 44.53 Acres D.R. Horton Custom Homes Attached you will find our resubmittal of the preliminary plat for Winding Creek Estates, a 44.53 acre development by D.R. Horton Custom Homes located on Parker Road in Wylie's ETJ. Per your request, we are sending you 22 prints (each) of the Preliminary' Plat, the Preliminary Utility Plan, and the Preliminary Drainage Plan. The preliminary plat shows two emergency access easements. These easements are intended to provide access for emergency vehicles only,not access for public vehicles. We would propose to prepare/construct the emergency access easements in a manner suitable for emergency vehicle traffic,while maintaining the appearance of a pedestrian greenbelt. We could construct an 8'wide hike& bike trail along the centerline of the easements. The hike & bike trail would be constructed if 6" reinforced concrete, suitable for emergency vehicle loads. This would provide the appearance of a pedestrian walkway, while at the same time providing access for fire trucks and other emergency vehicles. We would be willing to dicuss any alternate method the City might have for cnstruction of the emergency access easements. We look forward to working with you on this project. If you have any questions, please call. Sincerely, Jim I urtz, P.E. • 4222 ROSEHILL ROAD, SUITE NO.2 GARLAND,TEXAS 75043 (972)240 5999 FAX(972)240-4466 352 CEDAR CREST DRIVE COPPELL,TEXAS 75019 (972)462-7441 FAX(972)462-7661 . VVYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. • Issue Consider and Act Upon a Final Plat for the Lakeside Estates Phase I addition, proposed by Carter and Burgess, Inc. for Vista Oaks Development, generally located along the north side of the railroad at the northwest corner of FM 544and Springwell Parkway(Marshall Lane), and being all of a certain 39.529 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The final plat under consideration is the Lakeside Estates Phase I addition. The applicant is final platting 39.529 acres in order to develop the property with 146 single family lots. The development also incorporates one city park and one community park. The city park will incorporate soccer fields and off-street parking to be utilized by the general public. The community park incorporates a cabana, swimming pool, and off-street parking to be utilized and maintained by the Home Owner's Association(HOA). The property is currently vacant, unplatted, and zoned PD(Planned Development)for single family uses. Other Considerations • Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • The applicant intends to utilize temporary off-site drainage easement along northern property line during the construction phase of this development. Staff recommends that the plat be approved for construction subject to the applicant forwarding copies of said temporary easements to the Community Development Department. The applicant is aware and has agreed. • When this case was heard by the Planning and Zoning Commission, the applicant had indicated that temporary off-site drainage easements would also be utilized along the western property line during the construction phase of this development. However, due to an inability to acquire said off-site easements, the applicant has incorporated a permanent drainage easement along the rear property line of Lots 1-12, Block D. Staff does recommend approval ofthis easement subject to the note on the plat referencing a 6 foot rear building and fence line being corrected to indicate a 6 foot fence setback only. The zoning encompassing this property requires a 15 foot rear building line and,therefore, should not be reduced via the plat. Individual Consideration Lakeside Estates Paae 1 Other Considerations continued • The applicant has incorporated a landscape and berming plan along the southern property line parallel to the railroad right-of-way which will be part of the improvements built during the construction phase of this development. The plans call for a three(3)foot high berm with shrubs and trees planted in clusters on 100'-120' centers. • The applicant is aware that the PD (Planned Development) zoning encompassing this property stipulates that secondary access shall be required for the development at the time one of the following three events occur: 1. Application for housing permits have been submitted for 50% of the lots within the Development Plan of Lakeside Estates Phase I or the Development Plan of Sage Creek Phase I; 2. At the time of submittal of any additional phases within.the Lakeside Estates Concept Plan, approved by City Council on November 11, 1997. 3. Two calendar years beginning with the date of adoption of the zoning encompassing this property(January 27, 1998). Financial Considerations Impact fees for this development amount to $315,549.81 Commission Recommendation At the November 3, 1998, Planning and Zoning Commission meeting,the Commission recommended approval of this case. Staff Recommendation Approved for Construction, subject to the applicant providing copies of all applicable off-site easements and revising the rear yard building line as referenced above. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Final Plat Application Final Plat Berming Plan )71)4/14-e- etealf4 Prepared by Reviewed by Finance City Manager Approval Individual Consideration Lakeside Estates Paae 2 Ut/Z9/88 )SU\ 15:56 FAA 1z14b365b3z (ARIER & tiltll;t:SS 41ooz Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date June 29_, 1998 Name of Proposed Development_ lakeside Estates, Phase 1 Name of Property Owner/Developer Vista. Oaks Development - Address _ 1431 Greenway Drive, .Suite 710 Phone (972)' 751-1499 Irving, TX 75038 Owner of Record Pulte Homes, L.P. * • Address 1431 Greenway Drive, Suite 710 Phone (972) 518-0177 Irving, IX T5U38 Name of Land Planner Carter & Burgess, Inc. Surveyor/Engineer • • Address 7950 Elmbrook Drive, Dallas, TX 75247 Phone (214) 638-0145 Total Acreage 39.110 Current Zoning SF-7 Number of Lots/Units 146 * Signed '� — 2nd Owner; Gehan Homes, Ltd. 1101 N. Union Bower Rd. , Suite 160 • Irving, TX 75061 The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100'with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shalt be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. • Page 2 of 3 VVYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. 4 0. Issue Consider and Act Upon a request from Gonzalo Cerda for approval of a Specific Use Permit(SUP) for a private club serving alcoholic beverages(restaurant)for the property generally located at the northeast corner of Fifth Street and SH 78, and being part of Lots 1 &2, Block 12 of the Railroad Addition, an Addition to the City of Wylie, Collin County, Texas. Background The applicant is requesting a Specific Use Permit(SUP) on .04 acres in order to establish a private club serving alcoholic beverages. Specifically, the applicant intends to open a restaurant in an existing building and is seeking the City's permission to serve alcoholic beverages to his customers. Currently the property is part of a strip center zoned R(Retail)and developed accordingly with various retail and business uses. Please note that approval of the SUP does not authorize other businesses in the strip center to serve alcoholic beverages. Should the Planning and Zoning Commission and City Council approve the request,the business under consideration will be the only unit in the strip center permitted to serve alcoholic beverages. Public Comment Forms were mailed to fifteen(15)property owners within 200 feet of this request. No Public Comment Forms have been returned. Other Considerations • The Comprehensive Plan recommends retail, commercial, and business uses for the property. The proposed zoning is consistent with the Comprehensive Plan and compatible with the surrounding development. • Although the City of Wylie is encompassed by a dry designation, state statues allow alcoholic beverages to be served subject to the issuance of a private club registration permit by the Texas Alcoholic Beverage Commission. The applicant has been issued said permit from the Texas Alcoholic Beverage Commission. Financial Considerations Specific Use Permit application fee in the amount of$225.00 - Paid Commission Recommendation At the November 17, 1998,Planning and Zoning Commission meeting,the Commission voted by 5-2 to recommend approval of the request with the stipulations that the hours of business be from 11:00 am to 10:30 pm and that no open bar exist (service bar only). Individual Consideration SUP-Gonzalo Cerda Paae I Staff Recommendation Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance /04,y0/2_, :uicE 6/0./.444. Prepared by eviewed by Finance City Manager Approval • Individual Consideration SUP-Gonzalo Cerda Paae 2 ..--••--..- .....--.••.... ------....\----------\ ..—•••--- .......--•---. —.•------- ..—• .......-- .......---- •-----1 •••.. ..---- ".... ..,• i ... ..... \..._...., ...... . , SUBJECT ... . . ...... • , PROPERTY lb ,44-4 . ..,. ,R... ,---/ 46÷% \ ,-." ,., . . 0._ • ,--' S. 6\. ...,. cD\- ,."(,- • • )wn Street ./. Ea , East Hriwn _.tre (County , i 1 I "L.Ell • ..' i 1 V) D ,.• e' I I j 0 .." ./. .> Li_ * •, ..e _A> • r-- — e • e C .e . e ... \'' 0 .... 0 e e .411 I 0 I a) . . , c _ ! a, .„ i „ 4 _ _ „ i „.. MIMI _.... ..•., Marble Street i , V .-/ ---:-1--'.---g. 0 i iillE ___ ___ i „ !zNom i milim _.....1 0 —Oak Street 90k Scree: _ , I law , i -I.-. a) .. a) _c . tile onismirieeilk. ) -I-, 4— Masters Avenue LE e -0 e C -0 _C ..." • t.- 0 , / 1111111111 CD Min Lane i&645 11111 an ewoo.g Pnv .1117400, e...........f 0 ,— u er eet lirel 11 I I I Ilk ./ I j j I ID — e a r-- e k/Unve PROJECT LOCATION MAP Eir ZONING CASE #98-09 fc' . . A . .. --------„ • (e.5_, -.--- I] ' ' * \ .9 Flipp . . as : town•BCa . i � / 1 R 1 13 / 1 Bit Z Z • / 1 3 2 • 2 • /�� n` 3 / e" 38 W lV /• • / N 3C 1 ��SUBJECT '� 4 G. � SIF65 .. / to 1• 20 519 3D• 362C 2A 2BI 4nC8 38 1 3A I W 7 B /�' S n 9 14 w) M 49 `� B 9 2AU Ell. t"' 8 10 D rble ° Street , 7 11 1 10 12 inliall t•MC IA I I II 8 12 10 11 • TA 29 � 9 13 11 12 1 10 14 I �l� l u=2001 12 13 . 9 IMP MF 11 15 BA 58 4 13 14 ® 12 16 6 5 13 17 14 15 1 • a Stree 15 to 18 F2 F 7 6 5 4 3 2 1 1 5 6 2 2 4 7 13 9 d 8 8 7 6 5 4 1 10 9 • 1 A A ZONING AREA MAP / A ZONING CASE #98-09 • • ' I 2 Z q. ../ 3A . 1 0 3B CD a : SUBJECT 1 Ardano, Inc. I PROPERTY 3C R-1169-012-001A-1 G. CERDA D. Bell 1A • 1 R-1467-002-003C-1 _. 2 1B 3D Ardano, Inc. - Bell R-1169-012-001 A-1 Fortune Elite, Inc. R-1467-002-003D-1 R-1467-002-0010-1 3 LU Same 2C 2A LI 2 B Ardano, Inc. 4 V. Marlow R-1169-012_-OOIA-1 ria R-1169-012-002E-1 _ B. Green __ 38 3A R-1467-002-002A-1 L. Ga' er,Jr. Ardano, Inc. 5 R-1169-012-003E1-1 R-1169-012-001 A-1 J. I 2A 4A 4B TJ.\Mlllarnson F.Vega 6 R-1169-012-004A-1 R-1169-012-004B-1 • X H ?:-5,:i.-.. .„i4?,::.1,,.r;::: `'▪ ass ' LL EVO41- F� B. L_ F- i k V . •a .1,-,}..�, A , `H�t -,r ui^t+ 1k{.Tk v. '*_' l+,'3i* yy, G'ris.9 I• -.,'9,, 3' iw r g'S� ',+,i , 5. {r f ti � `'t' ei 1x "5 `�Ydi,,, [IA 1 A 1 B --q.,4-,- • • i" -- 100' 2A 2 B a' ,, r 9 5 r 3A 3B t' ,; >p-4. i r i1 fki Pu- .�.._. 4 .,..Y.,= r rti: PROPERTY OWNER NOTIFICATION MAP c =: 12 ZONING CASE #98-09 i t NOTIFICATION REPORT APPLICANT: Gonzalo Cerda APPLICATION FILE # 98-09 600 N. Highway 78 Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Railroad Addition 5924 Stone Meadow 1 12 1 A R-1169-012-001 A-1 Ardano, Inc. Piano, Texas 75093-4616 Railroad Addition 5924 Stone Meadow 2 12 1 B R-1169-012-001 A-1 Ardano, Inc. Plano, Texas 75093-4616 Railroad Addition 5924 Stone Meadow 3 12 2A R-1169-012-001 A-1 Ardano, Inc. Plano, Texas 75093-4616 Railroad Addition 5924 Stone Meadow 4 12 2C , R-1169-012-001 A-1 Ardano, Inc. Plano, Texas 75093-4616 Railroad Addition 310 S. First Street 5 12 2B R-1169-012-002E-1 Virginia Marlow Wylie, Texas 75098 Railroad Addition 5924 Stone Meadow 6 12 3A R-1169-012-001A-1 Ardano, Inc. Plano, Texas 75093-4616 Railroad Addition 412 Dogwood 7 12 3B R-1169-012-003B-1 Lester Gayler, Jr. Wylie, Texas 75098 Railroad Addition 407 Dogwood 8 12 4A R-1169-012-004A-1 Jeffrey Williamson Wylie, Texas 75098 Railroad Addition P.O. Box 1721 9 12 4B R-1169-012-004E-1 Faustina Vega • Wylie, Texas 75098 Oaks Retail 2921 Housley 10 2 1 R-1467-002-0010-1 Fortune Elite, Inc. Dallas, Texas 75228-1707 Oaks Retail P.O. Box 356 11 2 2A R-1467-002-002A-1 Billy R. Green Wylie, Texas 75098 • Oaks Retail 701 N. Hwy. 78 • 12 2 3C R-1467-002-003C-1 Dave &Dennis Bell Wylie, Texas 75098 Oaks Retail 701 N. Hwy. 78 13 2 3D R-1467-002-003D-1 Dave &Dennis Bell Wylie, Texas 75098 Texas Department of Transportation P.O. Box 90 14 S.H. 78 Bill Lovil McKGnney, Texas 75069 Applicant 600 N. Highway 78 15 Gonzalo Cerda Wylie, Texas 75098 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-09 Applicant: Gonzalo Cerda Location: Generally located at the northeast corner of Fifth Street and SH 78 Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: R(Retail) Requested Zoning: SUP(Specific Use Permit)for a private club serving alcoholic beverages Proposed Restaurant. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,November.17,1998,7:00 PM City Council: Tuesday,December 15, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. • • • !C 45e4 d,r A „ PROPERTY DESCRIPTION • Being a tract of land situated in the Town of Wylie, Collin County, Texas and being part of a 1.502 acre tract of land conveyed to Ardano Inc., a Texas Corporation by deed as recorded under County Clerk's File No. 94-0094728, Deed Records of Collin County, Texas, and being part of Lot 1 and Lot 2, Block 12 of Railroad Addition, an Addition to the City of Wylie, Collin County, Texas by plat recorded in Volume 77, Page 494, Map Records, Collin County, Texas, and being more particularly described as follows: Commencing at a 5/8" iron rod found on the southeast right—of—way line of State Highway No. 78 for the northeast corner of aforesaid 1.502 acre tract and the northeast corner of said Lot 1, Block 12 of Railroad Addition; Thence, South 02'37'36" West, along the east line of said 1.502 acre tract and the east line of Block 12, (Basis of Bearing), a distance of 260.18 feet to point for corner; Thence, North 8722'24" West, a distance of 0.81 feet to the east building corner and POINT OF BEGINNING; Thence, South 52'17'14" West, along the southeast line of building, a distance of 40.00 feet to a point on the southeast line of building; Thence, North 3742'46" West, a distance of 45.00 feet to a point on the northwest line of building; Thence, North 52'17'14" East, along the northwest line of building, a distance of 40.00 feet to the north building corner; Thence, South 37'42'46" East, along the northeast line of building, a distance of 45.00 feet to the POINT OF BEGINNING and containing 1,800 square feet of land. POINT OF COMMENCING "a/s- 1.11. rn-D. CONTROL WON. �O , �� OCR SCALE: 1"=50' �� ti rc co co LIN 1 o a ARDANO INC A TEXAS CORPORATION CC # 94 0094728 �A 1.502 ACRES Op �-v�. • Ix �1za;JN 8722'24" iv HIik o°i`i° 'I cx Fri BLOCK 12 ,0 6 LI POINT OF r'I ,s�- '4 BEGINNING F-�-I ---r��o- o (� O Dx CID S • L97 2 ill ti 1---1 PROPERTY DESCRIPTION Being a tract of land situated in the Town of Wylie, Collin County, Texas and being part of a 1.502 acre tract of land conveyed to Ardano Inc., a Texas Corporation by deed as recorded under County Clerk's File No. 94-0094728, Deed Reoords of Collin County, Texas, and being part of Lot 1 and Lot 2, Block 12 of Railroad Addition, an Addition to the City of Wylie, Collin County, Texas by plat recorded in Volume 77, Page 494, Map Records, Collin County, Texas, and being more particularly described as follows: Commencing at a 5/8" iron rod found on the southeast right—of—way line of State Highway No. 78 for the northeast corner of aforesaid 1.502 acre tract and the northeast corner of said Lot 1, Block 12 of Railroad Addition; Thence, South 02'37'36" West, along the east line of said 1.502 acre tract and the east line of Block 12, (Basis of Bearing), a distance of 260.18 feet to point for corner; Thence, North 8722'24" West, a distance of 0.81 feet to the east building corner and POINT OF BEGINNING; Thence, South 52'17'14" West, along the southeast line of building, a distance of 40.00 feet to a point on the southeast line of building; ence, North 3742'46" West, a distance of 45.00 feet to a point on the northwest line of gilding; Thence, North 52'17'14" East, along the northwest line of building, a distance of 40.00 feet to the north building corner; Thence, South 3742'46" East, along the northeast line of building, a distance of 45.00 feet to the POINT OF BEGINNING and containing 1,800 square feet of land. SIiI2VFYTIR'S C FRTTFTf ATV' Page 1 of 2 CITY OF WYLIE P.O. BOX 428 WYLIE, TX 75098 APPLICATION FOR SPECIFIC USE PERMIT Case No. 2 -G 7 SUP Date Submitted Filing Fee $ . �� Applicant GONZALO CERDA =.r Address 600 N. HIGHWAY 78 Phone No. 972-333-8575 WYLIE, TEXAS 75098 Work No. 972-487-6172 1 1 Owner Tenant ✓ Prospective Purchaser Legal description of property for which Specific Use Permit is requested (if additional space is needed,the description may be typed legibly on a separate sheet and attached hereto)2 (000 714 ux4.1?- k) > C01.q i,morels l(� G bid9 , 0-- I hereby request that a Specific.Use Permit be issued for the above described property for: . The current zoning on this property is eb-7 \ These are/are not deed restrictions pertaining to the irrtended use of this property. I have attached hereto as Exhibit A a plat showing the property which is the subject of this requested Specific Use Permit and have read the following note concerning the importance of my submitting to the City a sufficient legal description. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO R(S), RETAIL DISTRICT CLASSIFICATION WITH A SPECIFIC USE PERMIT FOR A PRIVATE CLUB SERVING ALCOHOLIC BEVERAGES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of R(s), Retail District Classification with a Specific Use Permit for a private club serving alcoholic beverages, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1998. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary fC d; „ PROPERTY DESCRIPTION Being a tract of land situated in the Town of Wylie, Collin County, Texas and being part of a 1.502 acre tract of land conveyed to Ardano Inc., a Texas Corporation by deed as recorded under County Clerk's File No. 94-0094728, Deed Records of Collin County, Texas, and being part of Lot 1 and Lot 2, Block 12 of Railroad Addition, an Addition to the City of Wylie, Collin County, Texas by plat recorded in Volume 77, Page 494, Map Records, Collin County, Texas, and being more particularly described as follows: Commencing at a 5/8" iron rod found on the southeast right—of—way line of State Highway No. 78 for the northeast corner of aforesaid 1.502 acre tract and the northeast corner of said Lot 1, Block 12 of Railroad Addition; Thence, South 02'37'36' West, along the east line of said 1.502 acre tract and the east line of Block 12, (Basis of Bearing), a distance of 260.18 feet to point for corner; Thence, North 8722'24" West, a distance of 0.81 feet to the east building corner and POINT OF BEGINNING; Thence, South 52'17'14" West, along the southeast line of building, a distance of 40.00 feet to a .point on the southeast line of building; (hence, North 3742'46" West, a distance of 45.00 feet to a point on the northwest line of building; Thence, North 52'17'14" East, along the northwest line of building, a distance of 40.00 feet to the north building corner; Thence, South 3742'46" East, along the northeast line of building, a distance of 45.00 feet to the POINT OF BEGINNING and containing 1,800 square feet of land. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. 4 Issue Consider and Act Upon a request from Mike Douglas for FarmTex Inc., for approval of a of a zone change from A(Agricultural)to I(Industrial)for the property generally located at the northwest corner of SH 78 and Eubanks Lane, and being all of a certain .998 acre tract out of the Francisco De La Pina Survey,Abstract No 688, City of Wylie, Collin County, Texas. Background The applicant is requesting rezoning on.998 acres in order to utilize the property for business purposes. Specifically, the applicant intends to utilize the existing structures for his own business and up to four tenants that may engage in light manufacturing and assembly type uses. Currently the property is in the process of being annexed into the City. The City Council public hearing for this zoning case has been scheduled for the same night the City Council votes on the annexation ordinance. The properties to the north, east, and west are vacant and zoned for I(Industrial)uses. The property to the south is vacant and zoned for A(Agricultural)uses. Public Comment Forms were mailed to eight(8)property owners within 200 feet of this request. One(1)Public Comment Form in support of the request has been returned. Other Considerations • At the December 1, 1998, Planning and Zoning Commission meeting, a motion to approve the request for I(Industrial)zoning failed due to a lack of a second. However, the Commission voted unanimously to recommend approval of rezoning the property B-2 (Business). The applicant does not have a problem with the B-2 (Business)recommendation. • The existing structures encompass approximately 8,300 square feet. The B-2 (Business) district regulations stipulate that structures utilized as light fabrication and assembly process facilities shall not exceed 8,000 square feet. As a result, and in order to comply with said zoning regulations, at least 300 square feet must be utilized for something other than light fabrication and assembly. The applicant is aware and has agreed. • The Comprehensive Plan recommends retail, commercial, and business uses for the property. The recommended B-2 (Business)zoning is consistent with the Comprehensive Plan. • Individual Consideration Zone Change-Farm Tex Inc. Paae 1 Financial Considerations Application fee in the amount of$225.00 - Paid Commission Recommendation At the December 1, 1998, Planning and Zoning Commission meeting, a motion to approve the request for I(Industrial)zoning failed due to a lack of a second. However, the Commission voted unanimously to recommend approval of rezoning the property B-2 (Business). The applicant does not have a problem with the B-2 (Business)recommendation. Staff Recommendation Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments Public Comment Form Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance 7Yr-U1-4.& ebege,14' Prepared by Reviewed by Finance City Manager Approval Individual Consideration Zone Change-Farm Tex Inc. Paae 2 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 V I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-12. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-12. Date,Location&Time of Planning&Zoning •. • Commission meeting: Tuesday,December 1, 1998,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 15, 1998,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: Zeg.1 .1 0L'( T S eIO AwAryiwGc 809� TU$' E- (please print)p ' /r ..`` np Address: 3 (Z it& �octi /L(Q(J(1 Ti41/V .!J Iel Vr WA-Coj TX 7(7/ a - Scpt( Wylie Tax Account Number k...(0/ QQ '"J r (if shown on enclosed map): —OD —0110 — —0 ` 14 Signature: kL • Date: f(,-30-1 Lp S COMMENTS: T4Q I ? 7-c.et�e, -TY i to `l-ra -� - 07774..( is sly. , �s �eint o LdA a �D a v �� s l , -t-�.� popr-1y (s cYJ)4,o-L by d ra.46 ( m -H ( rilald , . ° I.I.5 14 \\ = . . /:///74(at : ti\ SUBJECT zz. /�PROPERTY / j ' 7,i:,.-'-"- - . \ ` a . \ State Highway No. /8 I i �, I 1 °- k‘t) 4 i L1�f � t V \ r I F I I ,40'‘ UM Ilik - - 1 li X. \‘' - z�SSti0• i r 1 l I i 8 mown n Kona 4 Ih. I i l I 1 Street_ —c �, Y U 111A -a III I _,17::: 1:yrousitf.ii 114-7- _ ( _ I 1 liillll I+lnni � i `\ PROJECT LOCATION MAP ZONING CASE #98- 12 . . _ .._.._.._.._.._.._.. _.._ .. _. ._ . ._ .._.._.._.._.._.._.._.. _.. 11, I A ,„ ,...•. 1°=200' LR DA • D • (KCS) A .. e .. . � C\411 5O F G I0 an '•�P ' : 1 D ' � :: r• +-• . • r rrp; =w.r 0 mot- ... • ../... 'WI.' •'‘ B ://„. \\A O u I „z• SV\ .„ ,. . •• _ . u ..1_.. I 1 CIO 11 ZONING AREA MAP ZONING CASE #98- 12 • II\1\1 1'=200' — LR0 AD RAC ( GS) • D ARC \J� � i a) R-6688-001-0760-1 " ' �' M Ji r•• ` + . e ' SO • I R-6688-001- ' P. Merttt'• 1960-1 i" R-6688-- • c 0 " I o , , 001- I I _o • "loa 5 2030-1 . D ' Sr�. Marshall I w " 4....1 , R-6688-001 077A-1 - , :, TOOT .• , , . • , '13 o . • SV\ Boyd FamilyTrust / . R-6688-001-0770.1 • IP PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98-12 NOTIFICATION REPORT APPLICANT: Farmtek, Inc. Mike Douglas APPLICATION FILE # 98-12 • 5113 Heritage Sachse, Texas 75048 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS P.O. Box 2408 1 Abst. 688-1 Tract 76 R-6688-001-0760-1 North Texas Municipal Water District Wylie, Texas 75098 407 Masters 2 Abst. 688-1 Tract 77A R-6688-001-077A-1 David Marshall Wylie, Texas 75098 Boyd Family Trust 312 Meadow Mountain Drive 3 Abst. 688-1 Tract 77 R-6688-001-0770-1 c/o Dwayne Boyd ,Trustee Waco, Texas 76712-8164 114 W. 11 th Street 4 Abst. 688-1 Tract 83 R-6688-001.0830.1 Kansas City Southern Railway Co. Kansas City, MO 64105-1804 1776 N. Hwy. 78 5 Abst. 688-1 Tract 196 R-6688-001-1960-1 Paul Merritt Wylie, Texas 75098 1776 N. Hwy. 78 6 Abst. 688-1 Tract 203 R-6688-001-2030-1 Paul Merritt Wylie, Texas 75098 Texas Department of Transportation P.O. Box 90 7 Abst. 688-1 SH 78 Attn: Bill Lovil McKinney, Texas 75069 R-6688-001-0204-1 (Applicant) 5113 Heritage 8 Abst. 688-1 Tracts 204 &209, R-6688-001-0209-1 Mike Douglas Sachse,.Texas 75048 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL • An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-12 Applicant: FarmTek Inc.,Attn:Mike Douglas Location: Generally located at the northwest corner of SH 78 and Eubanks Lane Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: I(Industrial) Proposed light manufacturing and assembly. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,December 1,1998,7:00 PM City Council: Tuesday,December 15,1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2400 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. ilfx1,L / . !/ Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 588, City of Wylie, Collin County, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell by deed recorded in Volume 2689, Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas and being more particularly described as follows: Beginning 'at a 3/8 inch iron rod found in the south right-of-way line of the St. Louis and Southwest Railroad (100'R.O.W.)for the northwest corner of a 2.939 acre tract of land conveyed to Paul C. Merritt and Richard A. Williams by deed recorded in volume 2070, Page 140, Land Records, Collin County, Texas; • Thence, S 00°00'00" E, along the west line of said 2.939 acre tract, a distance of 325.98 feet to a 1/2 inch iron rod set in the north right-of-way line of State Highway No. 78 for the southwest corner of said 2.939 acre tract and being in a curve to the left having a radius of 2924.93 feet; Thence, along said curve to the left, through a central angle of 02° 59' 04", an arc length of 152.35 feet and a chord of S 75° 05' 48" W, 152.34 feet to a 1/2 inch iron rod found for the southeast corner of a northerly tract of land described in a deed to A.D. Boyd Family Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin County, Texas; Thence, N 00° 00' 00" F, along the east line of said Boyd Family Trust Tract, a distance of 265.15 feet to a 112 inch iron rod set in the south right-of-way line of said Railroad in a curve to the right having a radius of 5741.78 feet for the northeast corner of said Boyd Family Trust Tract, Thence, along the south right-of-way line of said Railroad and curve to the right, through a central angle of 01° 46'34", an arc length of 177.98 feet and a chord of N 55° 48'36" E, 177.97 feet to the Point of Beginning and contdining 43,492 square feet or 0.998 acres of land. • Page 1 of 2 (5/S CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 RED AUG 2 4 1998 APPLICATION FOR ZONING CHANGE Case No. qs - I a Filing Fee • Date Applicant Faon1-rek, Inc. / ,'1 tkt Do u /o S Phone No. 074 105--65,2-? Mailing Address: Work No. et LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 AtccLd 7g '' y Nor I hereby request that the above described property be changed from its present zoning which is f j re c k Jt ura J District Classification to 1 - Snc4 k s f r co. I District Classification for the following reasons: (attach separate sheet if necessary) EYrSirnc, 54utigrc5 W(U Lt. 1.,cft.ivz d 'for - �ac�r t2nani5 "f�a-� flAc fa a cd rA � l� inaAIA-G rind Al y . There (are) tare not) eed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed r ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO B-2, BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of B-2, Business District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. • SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this day of , 1998. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary , "f-xl,st;/ Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 588, City of Wylie, Collin County, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell by deed recorded in Volume 2689, Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas and being more particularly described as follows: Beginning 'at a 318 inch iron rod found in the south right-of-way line of the St. Louis and Southwest Railroad (100'R.0.W)for the northwest corner of a 2.939 acre tract of land conveyed to Paul C. Merritt and Richard A. Williams by deed recorded in Volume 2070, Page 140, Land Records, Collin County, Texas; • Thence, S 00°00'00" E, along the west line of said 2.939 acre tract, a distance of 325.98 feet to a 1/2 inch iron rod set in the north right-of-way line of State Highway No. 78 for the southwest corner of said 2.939 acre tract and being in a curve to the left having a radius of 2924.93 feet; Thence, along said curve to the left, through a central angle of 02 59' 04", an arc length of 152.35 feet and a chord of S 75° 05' 48" W, 152.34 feet to a 1/2 inch iron rod found for the southeast corner of a northerly tract of laird described in a deed to A.U. Boyd Family Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin County, Texas; Thence, N 00° 00' 00" E, along the east line of said Boyd Family Trust Tract, a distance of 265.15 feet to a 112 inch iron rod set in the south right-of-way line of said Railroad in a curve to the right having a radius of 5741.78 feet for the northeast corner of said Boyd Family Trust Tract, Thence, along the south right-of-way line of said Railroad and curve to the right, through a central angle of 01° 46'34", an arc length of 177.98 feet and a chord of N 55° 48' 36" E, 177.97 feet to the Point of Beginning and contdinirrg 43,492 square feet or 0.998 acres of land. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. • Issue Consider and Act Upon a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A(Agricultural);B-1 (Business); SF-A(Single Family Attached); SF-2 & SF-3 (Single Family Residential)to B-1 (Business) and I(Industrial)for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. Background The applicant is requesting rezoning on 202.392 acres in order to develop the property with a high quality, rail-oriented industrial business park. Currently the property is vacant and zoned for A (Agricultural), B-1 (Business), SF-A (Single Family Attached), and SF-2 & SF-3 (Single Family Residential) uses. The properties to the north are vacant and zoned for I (Industrial) and A (Agricultural)uses The properties to the east and northeast are not within the City of Wylie proper. The properties to the south are zoned for A(Agricultural) and B-1 &B-2 (Business)uses and partially developed with a variety of uses, both conforming and non-conforming. The property to the west is vacant and zoned for MF(Multi-Family)uses. The property to the northwest is zoned I(Industrial) and developed with military uses(Armory). Public Comment Forms were mailed to twenty-nine (29)property owners within 200 feet of this request. One(1)Public Comment Form in support of the request has been returned. Other Considerations • The Comprehensive Plan recommends industrial, retail, commercial, and business uses for the property. The proposed zoning is consistent with the Comprehensive Plan and compatible with the surrounding development. • At the November 17, 1998, Planning and Zoning Commission meeting, the applicant amended his application to include a request for a B-1 (Business) district zoning buffer along the SH 78 frontage. Specifically,the applicant stated that they would like to rezone the area fronting SH 78 at a depth of 300 feet to B-1 (Business). The request to rezone the remainder of the property I (Industrial)has not changed. • The applicant is aware that the property must be platted prior to the issuance of any building permits. Individual Consideration PH-KCS/Tolmak Inc.Zone Change Paae I Financial Considerations Application fee in the amount of$425.00 - Paid Commission Recommendation At the November 17, 1998, Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case per the applicant's request to incorporate a 300 foot deep buffer of B-1 (Business) district zoning. Staff Recommendation Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments Public Comment Forms Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance tiL. 6ig1;3- Prepared by Reviewed by Finance City Manager Approval Individual Consideration PH-KCS/Tolmak Inc.Zone Change Paae 2 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 17, 1998, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 15, 1998,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: ilex-ly (please 6rint) Address: ,cf:343-- UA/L..� C Wylie Tax Account Number (if shown on enclosed map): — /d'�Z — 0—tr-0 0-7) 6 S— Signature: /-7 441 Date: /J/9 —1 COMMENTS: ttz-elAJ 7-4-c( ) • __„7—) 4.---.7---..... ... ) i , .3.1 Itirp . SUBJECT h PROPERTY e I r ��, l C.--� ;. __ ID / 1.1 45c 9'1' \ .4- .--4.,•... . _ O J pi ._. estate i. W❑ o. `° MIN — T_ I I I \iIIIIIIT III i ' - I _ IIIIiII_ LI iII _ -ITI - III I II I1„1.1r T II I I I I I I I�- I l _ I I I I I I '' \ — _ - IIIIIIIII nIIIIiIIiIInIiI t- II _ - IIIIIIi III-iiiiiii111111l E� I r .__ ' 111111111 11111111111 L(IIIl i _'__ Iilllh�_ i _ 1 J - /, Iilll 1 - - 11'111iiulrl 4.1,, I I I r ii I ,Ilur H5 ' , i —I / . — I III I I PROJECT LOCATION MAP ZONING CASE #98- 16 1 if r fj /; ) I ' L-.-- ,' I - A 1 - 700' �' ar i pPD �� _.. _ �V _. 1 _.._. . R-6688-002-2020-1 _.._.;..___ o.ekd and R-6688-002-1960-1 _.._.-Atchiso .._.._ R-6688-003-0370-1 I R-6688-003-0360-1 SUBJE4T PROPERTY R-6688-003-2080-1 KCS SOUTHERN RAILWAY CO. &ITOLMAK f .. rr"" -I1!.-...__, -"-.- --n-r-----7--------..._-____-__-___-_-_ 1 0. L .• ,-,...._,,.•. ....„.„. ...• ,..„ .... rr „. ! j i i i B-1 -1 B-2 i i i i , i ' , ...„ � n0 I.OVft ! • 91II l � �� 1 F a 1Ti I I I I w I I ., , i — ZONING AREA MAP _._._._.._.._._._.._._..___. .._.._.._._._._.._._._. ZONING CASE #98- 16 • % ; / ) ' j ; i• / i i %% i /1- ...- j j / e i ��� li :4♦ Ott - 700' f -_ % % 1 1 12 -- 25 24 6 � ?`�`��� 14 -_ e.. dlroa`_ - --- - - - - 1 15 _.._._ nd-" a� a 3 R 6688 002 2020 1 __�o.eka R-6688- 2-19 -1 _.-Atch�sOn 20 R-6688-003-0370-1 _.._.._ _ 13 R-6688-003-0360-1 9 1 7 R-6688-003-2080-1 SUBJE T PROPERTY 10 3 KCS SOUTHERN RAILWAY CO. . ,,____,...A le.. :CC '• • 19 27 -_.. :._J- o. HWY 78 11 1 23 ` 4 5 6 7 8 22211 •1g ..„ 1 1 r.._.._.._I_.._.._..� a �. 1 1 �• 1 1 j 1 I I I 1 `'�. II 1111111 a_ i - '� � n1 I 111�1111111M �_ 11111111/1ii s4 Court 'ud1•I fin• i ' �1111it , o » '1 ' ' 11 11 \ —,---Ig PROPERTY OWNER NOTIFICATION MAP -_.._._..__.._.._.. .._.._.._.._.._._._.._.._.. ZONING CASE #98- 16 NOTIFICATION REPORT APPLICANT: Kansas City Railway &Tolmak, Inc. APPLICATION FILE # 98-16 1601 Bryan, 30th Floor Dallas, Texas 75201 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 1 Lot 1 R-1182-000-0010-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 2 Lot 2 R-1182-000-0020-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 3 Lot 3 R-1182-000-0030-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 4 Lot 4 R-1182-000-0040-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 5 Lot 5 R-1182-000-0050-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 315 Callie Court 6 Lot 6 R-1182-000-0060-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 7 Lot 7 R-1182-000-0070-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 8 Lot 8 R-1182-000-0080-1 Roy Neely Wylie, Texas 75098 Woodlake Village 7557 Rambler Road #1023 9 B Lot 1 R-2381-OOB-0010-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 Woodlake Village 7557 Rambler Road #1023 10 C Lot 1 R-2381-00C-0010-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 5949 Sherry Lane #1225 11 Abst. 688-2 Tract 2 R-6688-002-0020-1 Myran Corporation Dallas, Texas 75225-8008 7557 Rambler Road #1023 12 Abst. 688-2 Tract 50 R-6688-002-0500-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 114 W. Eleventh 13 Abst. 688-2 Tract 196 R-6688-002-1960-1 Tolmak Inc. Kansas City, MO 64105-1804 7557 Rambler Road #1023 14 Abst. 688-2 Tract 198 R-6688-002-1980-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 2000 Hwy. 78 North 15 Abst. 688-2 Tract 199 R-6688-002-1990-1 City of Wylie Wylie, Texas 75098 2000 Hwy. 78 North 16 Abst. 688-2 Tract 200 R-6688-002-2000-1 City of Wylie Wylie, Texas 75098 7557 Rambler Road #1023 17 Abst. 688-2 Tract 202 R-6688-002-2020-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 T Wylie Highway 78 JV 5949 Sherry Lane #1225 18 Abst. 688-3 Tract 35 R-6688-003-0350-1 c/o Bobby Beilue Dallas, Texas 75225-8008 _ 114 W. Eleventh 19 Abst. 688-3 Tract 36 R-6688-003-0360-1 Tolmak Inc. Kansas City, MO 64105-1804 114 W. Eleventh 20 Abst. 688-3 Tract 37 R-6688-003-0370-1 Tolmak Inc. Kansas City, MO 64105-1804 1103 Dodd Drive 21 Abst. 688-3 Tract 41 R-6688-003-0410-1 Amy Parker Wylie, Texas 75098 1103 Dodd Drive 22 Abst. 688-3 Tract 44 R-6688-003-0440-1 Amy Parker Wylie, Texas 75098 23 Abst. 688-3 Tract 187 R-6688-003-1870-1 Arapaho East Inc. 114 W. Eleventh 24 Abst. 688-3 Tract 203 R-6688-003-2030-1 Tolmak Inc. Kansas City, MO 64105-1804 2000 Hwy. 78 North 25 Abst. 688-3 Tract 205 R-6688-003-2050-1 City of Wylie Wylie, Texas 75098 2000 Hwy. 78 North 26 Abst. 688-3 Tract 206 R-6688-003-2060-1 City of Wylie Wylie, Texas 75098 Wylie Enterprise Inc. 6206 Royal Lane 27 Abst. 688-3 Tract 208 R-6688-003-2080-1 c/o Robert Alexander Dallas, Texas 75230 Texas Department of Transportation P.O. Box 90 28 SH 78 Bill Lovil McKinney, Texas 75069 Applicant -Attn:Wm. Boyd 1601 Bryan, 4th Floor 29 KCS Railway Co &Tolmak, Inc. Dallas, Texas 75201 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-16 Applicant: The Kansas City Southern Railway Company and Tolmak, Inc. Location: Generally located at the northeast corner of Spring Creek Parkway and SH 78 Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural),B-1 (Business), SF-A(Single Family Attached),and SF-2&SF-3 (Single Family Residential) Requested Zoning: I (Industrial) Proposed rail-oriented industrial business park. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie, Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,November 17, 1998,7:00 PM City Council: Tuesday,December 15, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial, a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. CITY OF WYLIE P.O. BOX 428 REC'D OCT 141998 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE 98 - 16 Case No. Filing Fee $425.000 Date: October , 1998 Applicants: The Kansas City Southern Railway Company Phone No.(214) 979-3000 and Tolmak, Inc. Work No. (214) 979-3000 Mailing Address: c/o Worsham. Forsythe & Wooldridge, L.L.P. 1601 Bryan, 30th Floor Dallas, Texas 75201 Attn: Wm. Stephen Boyd LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto). 1 See attached separate sheet Applicant hereby requests that the above described Property be changed from its present zoning, which, according to the City of Wylie zoning map, is variously A. Agricultural: B-1. Business-1; SF-A, Single-Family Attached; SF-2, Single-Family-2; and SF-3, Single-Family-3 District Classifications to an I. Industrial District Classification for the following reasons: (attach separate sheet if necessary) See attached separate sheet There is a deed restriction recorded at Volume 620, Page 545 of the Real Property Records of Collin County, Texas which affects a portion of the Property and involves fencing along The Kansas City Southern Railway Company right-of-way but which does not, however, pertain to the intended use of the Property. 2 Status of Applicant: Owner V Tenant Prospective Purchaser Applicants have attached hereto as Exhibit "A" a plat showing the Property which is the subject of this requested zoning change and have read the following concerning the importance of submitting to the City a sufficient legal description. Signed: The Kansas City Southern Railway Company Date #of pages FAN G 2 By: �f y�+•M� Fax Note R7 73 Wm. Stephefi Boyd, its atto ney Fax# .2W 2:1.0 2( • Tolmak, Inc. From O�i- /. Phone# By: 0.72111, Wm. Steph n Boyd, its att rney ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO B-1, BUSINESS AND I, INDUSTRIAL DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of B-1, Business and I, Industrial District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1998. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exh;I, The Property to be variously rezoned consists of four(4)contiguous parcels of land situated in the Francisco De La Pina Survey,Abstract No.688,Collin County,Texas,generally lying gQUth of The Kansas City Southern Railway Company mainline and north of State Highway 78 and generally between Spring Creek Parkway on the west and Skyview Drive on the east,to the extent that such Property lies within the boundaries of the City of Wylie, Texas, more particularly described as follows: Parcel 1 The portion of The Kansas.City Southern Railway Company mainline right of way lying south of the railroad's mainline tracks,which right of way is described in that certain deed from The Atchison Topeka and Santa Fe Railway to Tile-Kama Gty Southern Railway Company dated May 5, 1992 recorded in the Real Property Records of Collin County,Texas on November 23, 1993 as Document Number 93-0102440. Parcel 2 The parcel of land abutting Parcel 1,The Kansas City Southern Railway Company mainline right of way,on the north,Parcel 3(and other property)onthe south, and Skyview Drive on the east, being more particularly described in the deed of said parcel from Bobbie Harris and his wife, Nellie Harris, to The Kansas City Southern Railway Company recorded in the Real Property Records of Collin County, Texas and on Attachment 1-2 hereto,containing 8.052 acres of land. Parcels 3 and 4 The parcels of land variously abutting Parcels 1, 2(and other property)on the north and State Highway 78 on the south and being more particularly described in that certain deed of said parcel from Alumet Corporation to Tolmak, Inc,recorded in Volume 3285,Page 956 of the Real Property Records of Collin County,Texas and on Attachment 1-3 and B-1 hereto,containing in the aggregate 202.392 acres of land,the northernmost portion of which constitutes Parcel 3 and the southernmost portion of which constitutes Parcel 4. ATTACHMENT 1-2 • Parcel 2(Industrial District) sEI3U • tract of land situated La the Francisco Do La Pisa Survey, Abstruse No. 588, Collis County. Tasas and being al1 of a ealled 7,12-acts tract of land i. • conveyed co Bobbie 8.arr!a and wit.. Rollie L. Har is, as evi4gtad La a +ar:anry Dead recorded in 7oluoe 1013 at rage 3U. of the Official Racores of Real ?rop.rtf of Coixin County. Texas (0.t.R.p.C.C.t.) and balm more ?arsiculagly described by uca8 and bounds at !ollovs {bearin;s based on :he Dssd co iltus:et Corperzciaa, recorded in loiuran 3235 at Page 0954 0.3..3..P.C.C.T.): 3E017011SG ac a 1/4-tack trod god sac for the nort weal corner of said 7.l2-aces ;race. said L,roet red also being at the intersection of the southerly Lana of the Acclhisan. Toyaka & Santa re Railroad right-of.sey (200-root vide right•of-vat at this point) with the vest right-of-vey line of County Road Ito. 384 (Skyviav Drive) (a called 60-font vide eight-of-vay3; tN 1CI South 0l degree 00 ,iotttaf ii mends Ei1C, alo l.la-sera Crass and tlto root rtgtte•ot-way dug tilt •County loaed 1No. 3f .said distanea of 337.00 feat to a 5/8-Lstoh Leon rod sees tee the southeast cornerr of said 7.12-ants tract. sane being on the north lino of a naffed 12.365-acre =ant as conveyed to A.D. Boyd as eridancsd in a Dead retarded in Volume 490 ac Vigo 417 0.A.A.P.C.C.Y.; THENCE North 86 degrees 03 aimutes 22 entente teat, along the starch line of said 7.12-ace;e treat and the aortal line of said 82.163.acre crane. passing at a distance of 140.00 fast the scat northerly ooreS.ast corner of a e:act: of laced as eosaveyed to R. Scot; Steinbach. 'frusta. as outdated im a Deed snorted La poluno 30$4 ac tale 0936 Q,&.&.i.G.G.T., canU iin g said R. Scott Steinbach. Trustee tract, & total distances esa! S4&$0 R to tkt torch lit* eh. northvest; oosuer et said R. Scott Steinbach ?rraiosa stags and the eerthease corner of a trace of Land as aonvsyed to alustee Corps:atlas as evidanead is a Deed tar-ordad in gobs* 32113 sC tags 0!?i O.R.S.F.C.C.?., fres said point a found 1-inch it pip. baars Vetch 07 degree, IAaiautes Vast. 4.6 rest X10E Nor SS dews** 42 motes 23 satomde neat, alarm the starch lima of said Aluaet tiae r+aot, passing a 1276.$7 teat, the most northerly ssorchvsst; corner at said Limit corporation crane and the northeast corner of a ergot: of tend as tenvsyed to Arapaho East, no. as evidenced La a Deed recorded is Clerk's gala Mabee 434Q17,43 MLA.y.C.C.T., Qo0 tiattag deg the tine of said Atapah. lase, Lam. watt, a total discaooe of 9.30 !sated S/i.ingh iron rod see he a sorms, en the aforsa•aciane4 soetrssly tine of said Atchison. Topeka & Santa ?a Ratlread right-of-way (US-foot vide at this point); ?lttGt is a north.aseer)y dLreottoel, along the o.seh tits of the aforementioned 7.12-sore crams and the sourimrly Use of said As: Le lseed risise•ef-vey, doteU2.vins= eltise� Topeka ` Sages re Nereh Al dawns* St atausos OS soset de &U , a d#stemte at 839.$4 lest to a (Cancinuad) found fence corner post; :forth 03 degrees 1S minutes 05 seconds oast, along 'a barbed-wire fence, a distance of 25 .09 feet co a found Pence corner post, said railroad right-of-way' being 100-feet vide at this point; North 81 degrees 51 minutes 05 seconds ?.4sc, continuing along said barbed-vire fence, a distance of 116.5.00 £aat to the POINT OF BEGINNING and CONTAINING 8.052 acres of land, more or lass. ATTACHMENT I-3 and B-1 Parcel 3(Industrial District) BEING situated in the Francisco De La Pina Survey,Abstract No.688,Coffin County,Texas and being a portion of the property described in a deed to Alumet Corporation recorded in Volume 3285,Page 956 of the Official Records of Real Property of Coffin County,Texas (ORRPCCT)and being more particularly described by metes and bounds as follows(bearings referenced to said Deed); CveaENc NG ac the intersection of the east Lime of Spring Creek Parkway (100' right-of-way) with the north line of State Highway 78 (a variable width right-of-way) ; THENCE South 88 degrees 31 minutes 13 seconds Easc, along said north Liza of State Highway 78, a distance of 82.34 feet to a point for corner; THENCE South 09 degrees 14 minutes 10 seconds FFaat, along an offset in said north line, a distance of 11.96 feet to a point for corner; • THENCE South 88 degrees 29 minutes 55 seconds East, continuing along said north line, a distance of 283.64 feet to the_ PLACE OF BEGINNING being on the common Line between said Alumec Corporation trace and Tract 2 described in a deed to Wylie Woodlake Partners L.C., recorded in County Clerk's File No. 93-0052880, ORR2CCT; THENCE North 01 degree 29 minutes 04 seconds East, along said common line, a distance of 1587,32 feet to a 5/8-inch iron rod sac in a fence line on the southerly line of Atchison, Topeka & Santa Fe gw'lroad (IQO' right-of-way); THENCE :North 76 degrees 23 minutes 11 seconds East. along the southerly line o said Railroad and along said fence, a distance of 23.72 feet co a 5/8-inch iron rod sec ac the beginning of a curve co the right; THENCE in a northeasterly direccioe, along said curve, passing through 'an angle of 05 degrees 27 minutes 54 seconds, a radius of 8544.37 feet, as arc distance of 814.98 feet to a found 1/2-inch iron rod found at the end of said curve; THENCE North 8.1 degrees 51 mattes O5 seconds East, along the southerly line of said Railroad, a distance of 741.22 feet to a point for corner be1,ga the common earner of said Allmon Corporation trace and a tract described in a deed to Arapaho East Inc. recorded is Collin County Clark's File No. 93-0017643, ORRCCT, from said point, a fotmd 1/2-inch iron rod bears South 48 degrees 14 minutes East, 0.6 fast; THENCE South 01. degree 19 einu es 00 seconds Vest, along a common lino between said Alumec Corporation tract and Arapaho East Inc. tract, a distance of 50.72 feet to a found. 1/2-inch iron rod for corner; THENCE North 81 degrees SI minutes 05 seconds East, continuing along the Last mentioned common lint, a distance, of 2047.13 feet to a point for corner in a • (Continued) wire. fence; THENCE South 88 degrees 42 minutes 25 seconds East, generally along said wire fence, a distance of 1276.87 feet to a point on the common line between said Alumet Corporation and a tract described in a deed conveyed GO a, SCoGt Steinbach, trustee and recorded in. Volume 3054-, Page 937 of the ORRPCCT, from said point a found I.-inch iron pipe bears North 07 degrees 16 minutes West, 4.6 feet; THENCE South 03 degrees 26 minutes 30 seconds East, along the last mentioned common line, a distance of 1373.00 feet to a found 1/4-inch iron rod at a fence post on the northerly right-of-way line of Lavon Dam Road; TKtCE South 48 degrees 24 minutes 4S seconds West .(called South 49 degrees 21 minutes 30 seconds West), along said northerly right-of-way line and along a wire fence, a distance of 58.00 (called 64.37 fee;) fuc cc a found 5/5.inch iron rod ac a bois d'art fence post on the common line between said Alumet Corporation tract and a tract described in a deed to Royce Banks; • THENCE North 88 degrees 16 minutes 08 seconds West (called North 86 degrees 45 minutes 49 seconds West), along the last mentioned common line and along a wire fence, a distance of 147.25 (called 141.96 feet) feet to an angle point in said common line; THENCE North 89 degrees 09 minutes 49 seconds West, along the last mentioned common line and along said fence, a distance of 206.00 fear Ea a 5/8-inch iron rod found for an angle point; iFtblvt,t. North 88 degrees 34 minutes 49 seconds West, along the common line between said Alumet Corporation tract and a tract described in a deed to Alton W. Hensley recorded in Volume 2099, Page 977 and a tract described in a deed co Jerry L. Hensley recorded in Volume 2099, Page 980 of the ORRPCCT and along said wire fence, in all a total distance of 577.80 feet co a 5/8-inch iron rod found for corner: THENCE South 01 degree 10 minutes 39 seconds West continuing along said wire fence and, along the common line between said Alumet COrparati0n ti1GC and Said Jerry L. Hensley tract, a distance of 487.21 feet to a point on the curving . northerly line of State Highway 78 (a variable width right-of-way), whose ---- center bears North 16 degrees 51. minutes 13 seconds Neat, a464 ers,,,.e of 5729.58 feet from said point, a found 1/2-inch iron rod bears North 15 degrees 30 minutes East, 1.4 fent; THENCE in a westerly along the last mentioned curving northerly line of State Highway 78 and along the arc of said curve to. the right having a central angle of 18 degrees 17 minutes 36 seconds, a radius of 5729.58 feet and an arc distance of 1829.33 feet to a 5./8-inch iron. rod set at the end of said curve; THENCE North 88 degrees 33 minutes 37 seconds West, continuing along said (Concinusd) norrharLy Lin., a disco:ice of 643.23 toot co an amgi* potoc in said nor'th.rly ling; THENCE North 88 degrees 29 minutes 55 seconds West,along said northerly line,a distance of 1548.21 feet t4 Um PLACE OF BEGINNING SAVE AND EXCEPT Parcel 4,hereinafter described. Parcel 4(B-1 Business District Classification) BEING situated in the Francisco De La Pina Survey,Abstract No.688,Collin County,Texas and being a portion of the property described in a deed to Alumet Corporation recorded in Volume 3285,Page 956 of the Official Records of Real Property of Collin County,Texas(ORRPCCT) and being more particularly described by metes and bounds as follows(bearings referenced to said Deed): COMMENCING at the inte rvetioa of the east line of Spring Creek Parkway(104'right-of-way) with the north line of State Highway 78(a variable width right-of-way); THENCE South 88 degrees 31 minutes 13 seconds East,along said north line of State Highway 78,a diatan'e of 8234 feet to a point for corner; THENCE South 09 degrees 14 minutes 10 seconds East,along an offset in said north line,a distance of 11.96 feet to a point for corner, THENCE South 88 degrees 29 minutes 55 seconds East,continuing along said north line,a distance of 283.64 feet to the PLACE OF BEGINNING being on the common line between said Alumet Corporation tract and Tract 2 described in a deed to Wylie Woodlake Partners L.C., recorded in County Clerk's File No.43.0052880,ORRPCCT; THENCE North 01 degrees 29 minutes 00 seconds East,along said common line,to a point lying 300 feet from the northerly line of State Highway 78(a variable width right-of-way) measured perpendicularly from said northerly line; THENCE in a generally easterly direction parallel to and at all times 300 feet from the curving northerly line of State Highway 78(a variable width right-of-way)measured perpendicularly from said northerly line to a point in the common line between said Alumet Corporation tract and a tract described in a deed to Jerry L.Hensley recorded in Volume 2099,Page 980 of the ORRPCCT at a.wire fence for a corner; THENCE South 01 degrees 10 minutes 39 seconds West along said wire fence and along the common line between said Alumet Corporation tract and said Jerry L.Hensley tract to a point on the curving northerly line of State Highway 78(a variable width right-of-way),whose center bears North 16 degrees 51 minutes 13 seconds West,a distance of 5729.58 feet from said point,a found 1/2-inch iron rod bears North 15 degrees 30 minutes East, 1.4 feet; THENCE in a generally westerly direction along the last mentioned curving northerly line of State Highway 78 and along the arc of said curve to the right having a central.angle of 18 degrees 17 minutes 36 seconds,a radius of 5729.58 feet and an arc distance of 1829.33 feet to a 5/8-inch iron rod set at the end of said curve; THENCE North 88 degrees 33 minutes 37 seconds West,continuing along said northerly line,a distance of 645.25 feet to an angle point in said northerly line; THENCE North 88 degrees 29 minutes 55 seconds West,along said northerly line,a distance of 1548.21 feet to tha PLACE OF BEGINNING. 'WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. Issue Authorize the City Manager to enter into an agreement with the North Texas Municipal Water District for the cost sharing and specific financing terms relating to the reconstruction of S. Ballard Street between Butler and Stone and the Stone Rd. and Ballard St. intersection and other matters relating thereto, including a Reimbursement Resolution. Background The North Texas Municipal Water District (NTMWD) has awarded a contract for the installation of a 72-inch water main to be extended from its Wylie Water Treatment Plant to Mesquite and Garland, Texas. Any street in which the water main will be installed through Wylie will be completely reconstructed to its original condition, including curb and guttering, driveway approaches and asphalt paving. The NTMWD will pay the cost of the project. The NTMWD considered several alignment options. One option would locate the water main from the Wylie Plant site west on Brown St., south on Second St., crossing S.H. 78 to Butler St., continuing south on Second St. to Stone Road. The NTMWD would consider another option at the City of Wylie's request (Ballard St. route) in which the water main would follow the same alignment as above, however, the main would be located down Ballard St. between Butler St. and Stone Road. The City of Wylie also requested, in looking at the Ballard St. route, that the cost of a four lane divided concrete thoroughfare be issued for bid. A calculation was made for the Second St. route and compared with the actual bid amount for the Ballard St. route. Second St. would have cost $448,194 less than the Ballard St. option. The NTMWD and the City of Wylie have discussed a cost sharing arrangement in which the two parties would split the cost difference. Specific financing terms will be discussed under Financial Considerations. Approximately 2,100 square feet of roadway from one hundred (100) feet north of Butler St. to the south side of Stone Rd. will be rebuilt as a concrete four lane divided thoroughfare. The installation of the 72" water line will require the removal of the trees on the west side on the existing Ballard St. alignment. Several engineers designs were considered in order to save the trees, but no individual option could guarantee that the trees could be preserved. The current design plan contemplates a landscape design that will create a healthy, beautiful tree line far into the future. Irrigation systems will be installed in the newly constructed medians. Conduits will also be installed to accommodate street lighting and traffic signals. Item for Individual Consideration NTMWD Agreement Page 1 Background -continued The City's desire for the NTMWD to consider the Ballard St. alignment option was primarily based on the reality that as a State maintained farm-to-market road (F.M. 544), no funds have been earmarked for improvements of any kind in the foreseeable future. The NTMWD project represents the only realistic and affordable opportunity for improvements to be completed on S. Ballard. The City of Wylie requested that the NTMWD accommodate an additional consideration that an alternate bid item be included in the Request for Proposal for the reconstruction of the Ballard St. and Stone Rd. intersection. The City of Wylie would pay the cost of this additional work. The construction project is expected to be completed in approximately eight months beginning in January 1999. Installation of the water main would begin first, and would take approximately four months to reach a location south of Stone Rd. The pavement on the west side of Ballard St. would begin after the installation of the water main. A traffic control plan that accommodates the construction sequencing would require Ballard St. to operate one-way north bound for approximately six months beginning in late January. Birmingham St. between Butler and Kirby, would operate one- way south. Financial Considerations The City of Wylie and the NTMWD will enter into an agreement based on the following terms. The City of Wylie will make 7 equal payments on or before October 15, in years 1999 through 2004. The first payment will be made on July 1, 1999. The total amount financed would be $667,764.00 or 7 payments of$95,394. In order to provide options to the City Council to finance the source of funds used to pay the NTMWD, staff is recommending that the Council approve a Reimbursement Resolution. This action would establish the intent to use proceeds from a future bond election, tentatively discussed for May 1999, to finance the S. Ballard reconstruction and the S. Ballard St./Stone Rd. intersection. This action in no way obligates the City Council or a Citizen's Bond Advisory Committee to use local bonds to finance the project. The action simply provides an option to finance all or a portion of the project. Absent any local bond funds being used, the general and utility funds would split the costs paid to NTMWD. Summary of Costs Original Estimate: Cost estimate for Second Street Route $1,832,952.00 Cost estimate for Ballard Street Route $2.470.471.00 Estimated Cost Difference $ 637,519.00 Actual Cost: Cost estimate for Second Street Route $1,849,919.00 Cost estimate for Ballard Street Route $2.746.307.00 Actual Cost Difference $ 896,388.00 City Share of Cost Difference: $ 448,194.00 Ballard St./Stone Rd. Intersection: $ 219.570.00 Total cost for Ballard St. and Intersection: $ 667,764.00 Item for Individual Consideration NTMWD Agreement Page 2 Other Considerations The NTMWD and the City of Wylie will host a meeting in which all affected property owners, business owners and tenants will be invited to attend. Routine communication will take place throughout the duration of the construction. The NTMWD will be the owner of the project and the contractor will report directly to the Water District. All inspections will be facilitated by the District as well. )4/10. CeLQI‘^t44 Prepared by tteviewed by Finance City Manager Approval Item for Individual Consideration NTMWD Agreement Page 3 WYLIE CITY COUNCIL rt/If INDIVIDUAL CONSIDERATION December 15, 1998 Item No. zA q Issue Consider and act upon appointing a replacement to the Library Advisory Board for an unexpired term ending July of 2000. Background Kenna Johnson was appointed tot he Library Advisory Board in July 1998. Her term would have ended in July 2000. Kenna Johnson has missed three consecutive meetings, and she has only attended one meeting since her appointment in July 1998. Kenna served as the Library Advisory Board's representative to the Comprehensive Plan Committee. The role of the Library Advisory Board is a seven member board who reviews long range goals and approves policies for the Rita and Truett Smith Public Library. The Library Advisory Board has no budgetary responsibilities or authority regarding the administrative responsibilities of the Library. The Board meets monthly. Legal Consideration Article 8, Section 3(f) of the Wylie Home Rule Charter sets rules and regulations for attendance of board meetings. The City Charter states that any board member who misses three consecutive meetings,his/her position will be declared vacant. The Library Advisory Board bylaws support the Wylie Home Rule Charter. Financial Consideration N/A Board/Commission Recommendation N/A Staff Recommendation N/A Ti) epared by eviewed by Finance City Manager Approval Individual Consideration Appointment to Library Advisory Board Paae I ,Opit&1/-/M_14) Board and Commission Information & Application PFZ- 71,9g „,... �oning Board .:.:... 3- :.::......�:::.::::::::.:::::.:.::...;;::.::::.;>;;..;«:::.:>:: ;:<;;:;;•::>::: Consists of 5:members<a,id 2 alternates who meetonan'as needed"basis to consider applications forvanances to zoning ordinance regulations qhe board<nears appeals regarding determinations of the Zornng Administrator,and considers action concerning non- Library Board Consists of 7 members v;ho meet on the 2nd Monday of every month and advise the Council on library services and programs. Parks and Recreation Board • P,7 member boardwhich meets the4th Monday of every month and advises the Council on acquisitions,ma►ntenance,operation and use Construction Code Board Consists of 7 members who meet on an"as needed" basis to review building code requirements. Plumbing, contractor, and electrical experience helpful. Ambulance Advisory Board Consists of 3 members wtto meet on an'as needed basis and advise Gouncit Oj ambulance sernces Planning and Zoning Commission A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning applications,subdivision plats and site plans, and advise Council regarding comprehensive planning issues. Wylie Economic Development Corp Board Consists•of 5 members vho meet the third Tuesday of each month and recommends to Council funding pnorlies to assist new,prospective and existing businesses.- CITY OF WYLIE Boards & Commission Application Please type or print Full Name: p\€S .L Na�h 6;5 Home Address: 4-O Ji i I flop City, State,Zip: J,(/y L I fJ -r-o1. "iSD 1 V Home Phone: if tp.2 Business Address: City, State,Zip: • Work Phone: Resident of Wylie for A• Years Are you a qualified voter in the City of Wylie? y 4z n se>ndicate.::. cur;first:secondand third: reference:forsery ce below::....: :. btf Planning:and Zoning Commission Zoning Board ofkdjustments Library Boards:> > _Ambulance Advisory Board `Constructton Code Board: Parks&Recreation Hoard W e o ent::CoE Ile Eeonon .. .. .... .............................. Please list any special skills or qualifications: Why do you desire to serve on these boards? ct / j 7'."AC. �ho� � ess- o f 7 /ic_ CL ignature Date Please return completed application to: Paid(c-U Commission Information & A lication 0 Board and pp 107J� Z+onin Boarci'of.Ad ustments Consists of 5 members and 2 alternates who meet on an"as needed'bass to consider applications forvariances to zoning ordinance regulations The board hears appeals regarding determinations of the Zoning Administrator, and considers action concerning non Library Board Consists of 7 members who meet on the 2nd Monday of every month and advise the Council on library services and programs. Parks and Recreation Baard A7member boardwhich meets the 4th Monday of every month and advises the Council on acquisitions; maintenance,operation and use of parksplaygroands,..and.openapaces,:ai:;>: :::«::<>:<:>::.:;:.... . ;:> .:.: :::;. ::.;;:::.:.;........ : _:..:..:... :.. . ..:.... . :... Construction Code Board Consists of 7 members who meet on an"as needed"basis to review building code requirements. Plumbing, contractor, and electrical experience helpful. Ambulance Advisory Board Consists;of 3 members,who meet on an;°as needed'basis and advise Gouncrt on ambulance sennces Planning and Zoning Commission A7 member board that meets the 1st and 3rd Monday of every month to review rezoning applications,subdivision plats and site plans,and advise Council regarding comprehensive planning issues. Wylie Economic Development Corp Board Consists of 5 memberswho meet the third.Tuesday of each month and recommends to Council fun.ding priorities to assist,new,prospective and existing businesses.: CITY OF WYLIE Boards & Commission Application v /� Please type or print Full Name: 4(fl A. `) 1�e'M' Home Address: // lu6jY�i(-61-`) City, State,Zip: 4t i( fx 7 Z'? Home Phone: '72- Business Address: �,fj City,State,Zip: /10/Jl fvzt / 7x 77)t(e 2 3 U Work Phone: Resident of Wylie for 7. 3 Years Are you a qualified voter in the City of Wylie? IC) Please?ind►gate your first, econd and third preference for sernce below `> ivi _Planning and Zoning Commission Zoning Board ofAdjustments Library board Ambulance Advisory Board Construction Code Board' ?( Parks&.Recreation Board oration o. ic::Develo meat.Cor ....... . Wylie Econ:.m:;::::;.. .;>:,::;;.;p .:. Please list any special skills or qualifications: f'G C?� �V'► C�`�b y fiKs /t2 64( 6.) GG- �-N,gfihi / ,Attic cice%, 4e-e Why do you desire to serve on these boards? • l fig_ Sic tune Date Please return completed applicati to: .. _ . nrinn U..... 70 w1....41.. A IA/..17.. T........ 7Gnno .___...i,cicu LaC: —.,.. -- room air dryers collect bacteria CITY OF WYLIE Full Name: by l.t ct5 (ftki N 04 - Boards & Commission Application Home Address:a� L;' er- br Please print or type. Return completed City, State, Zip:(,A.)11 11 C TX 1 S Jg8' application to: City Secretary's Office Business Address: i93 1-3 C f rL s � 2000 Hwy. 78 North City, State, Zip: -vut.% TX ITC-0 3, Wylie, Texas 75098 C.Q7z) Home Phone: 1av7 Work#:`7 i9'atkg Board or Commission Resident of Wylie for 7' C Years (indicate first, second, and third choice) . Are you a quay ied voter of the City of Wylie? yes ❑ no (i] Planning and Zoning Commission Please list an special skills or qualifications: 0 Zoning Board of Adjustments t),t- . L.k l-t ❑ Library Board Why do you desire to serve on these boards? ❑ Ambulance Advisory Board To ck--6 1- cur -E&L.A.` (Construction Code Board p---- Sinture a Parks and Recreation Boar g LI Wylie Economic Dev. Corp. Board Date U Zoning Board of Adjustments Construction Code Board Consists of 5 members and 2 alternates who Consists of 7 members who meet on an"as need- meet on an"as needed"basis to consider appli- ed" basis to review building code requirements. cations for variances to zoning ordinance regu- Plumbing, contractor, and electrical experience lations. The board hears appeals regarding helpful. determinations of the Zoning Administrator,and considers action concerning non-conforming Ambulance Advisory Board " uses. Consists of 3 members who meet on an "as needed"basis and advise Council on ambulance Planning and Zoning Commission services. A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning Wylie Economic Dev. Corp. Board applications, subdivision plats and site plans, Consists of 5 members who meet the third and advises Council regarding comprehensive Tuesday of each month and recommends to planning issues. Council funding priorities to assist new,prospec- tive and existing businesses. Library Board Consists of 7 members who meet on the 2nd Parks and Recreation Board Monday of every month and advise the Council Consists of 7 members who meet on the 4th on library services and programs. Monday of every month and advise the Council on acquisitions, maintenance, operation and use of parks,playgrounds, and open spaces. CITY OF WYLIE Full Name: Boards & Commission Application Home Address: jPa, to r>l!A,c.Doci C(, Please print or type. Return completed City, State, Zip: Li 1 i C I application to: C City Secretary's Office Business Address: 2000 Hwy. 78 North City, State, Zip: Wylie, Texas 75098 Home Phone: S9nWork#: Board or Commission Resident of Wylie for Years (indicate first, second, and third choice) Are you a ified voter of the City of Wylie? yes ❑ no Planning and Zoning Commission Please list any special skills or qualifications: ❑ Zoning Board of Adjustments atte,n • .2-1h� T,��) c� ❑ Library Board J 4 Why do you desire to serve on these boards? ❑ Ambulance Advisory Board . v 1 4� 3. ❑ Construction Code Board .e.d,2iti/ , /, „ l� ❑ Parks and Recreation Board Sign. s e ❑ Wylie Economic Dev. Corp. Board Dat- 9 Zoning Board of Adjustments Construction Code Board Consists of 5 members and 2 alternates who Consists of 7 members who meet on an"as need- meet on an "as needed" basis to consider appli- ed" basis to review building code requirements. cations for variances to zoning ordinance regu- Plumbing, contractor, and electrical experience lations. The board hears appeals regarding helpful. determinations of the Zoning Administrator,and considers action concerning non-conforming Ambulance Advisory Board uses. Consists of 3 members who meet on an "as needed"basis and advise Council on n ambulance Planning and Zoning Commission services. A 7 member board that meets the 1st and 3rd Monday of every month to review rezoning Wylie Economic Dev. Corp. Board applications, subdivision plats and site plans, Consists of 5 members who meet the third and advises Council regarding comprehensive Tuesday of each month and recommends to planning issues. Council funding priorities to assist new,prospec- tive and existing businesses. Library Board Consists of 7 members who meet on the 2nd Parks and Recreation Board Monday of'every month and advise the Council Consists of 7 members who meet on the 4th on library services and programs. Monday of every month and advise the Council on acquisitions;maintenance, operation and use of parks,playgrounds, and open spaces. CITY OF WYLIE Boards & Commission Application Please type or print Full Name:O,Qrol 8I ors Home Address: H() rghrjm Ln. Mailing Address if Different l i e. 7 Sd 9a Home Phone: Z iness Phone a-( j O Business Address: Ls br4y-T.. u 1�tll 0330 1-4/Vietbe) 15 I have been a resident of the.City of Wylie for_8 years. Are you a qualified voter of the City of Wylie:Oles ONo Please indicate your first,second and third preference - for service below. • _Planning and Zoning Commission Zoning Board of Adjustments Library Board �( Ambulance Advisory Board Construction Code Board Parks &Recreation Board _Wylie Economic Development Corporation Board 0,4giked/Urh o- �I D-I--98 Signature Date Please return completed application to: City Secretary's Office 0 2000 Hwy.78 North Wylie,Texas 75098 -• CITY OF WYLIE Boards & Commission Application Please type or print Full Name: ��nEF✓ �l. l,ln�i��l� Home Address: 46 Try(kit Mailing Address if Different Home Phone:41-1-2-26E9 Business Phone:Ti I-1 12B Business Address: I4O0 "I-30 EAST 12 o041.:2a l I TX I have been a resident of the City of Wylie for ;3 years. Are you a qualified voter of the City of Wylie:E Yes ONo Please indicate your first,second and third preference. for service below. 2 Planning and Zoning Commission Zoning Board of Adjustments _Library Board Ambulance Advisory Board .3 Construction Code Board Parks&Recreation Board I Wylie Economic Development Corporation Board ?IltifnWc . 99) 1' Signature Date Please return completed application to: City Secretary's Office• 2000 Hwy.78 North Wylie,Texas 75098 CITY OF WYLIE Boards & Commission Application Please type or print Full Name:_ A‘ CJ`bu•-s Home Address: H Co l n r W i n O\et,� - Mailing Address if Different J Home Phone:4 -SSA Business Phone:clbc-a1cr Business Address: �1 OO LO. f Sk' .c)O k L )TIN —25 0 1S I have been a resident of the City of Wylie for-1 years. Are you a qualified voter of the City of WyliTliYes ONo Please indicate your first,second and third preference for service below. Planning and Zoning Commission Zoning.Board of Adjustments Library Board Ambulance Advisory Board Construction Code Board ks&Recreation Board y ie Economic Development Corporation Board ignature Date Please return completed application to: City Secretary's Office 0 2000 Hwy.78 North Wylie,Texas 75098 CITY OF WYLIE Boards & Commission_Application Please type or print' Full Name:_ 2u oi(Je I -1`1. iS'� Home Address: / ( f3i9c/d Mailing Address if Different Home Phone: //,1•VP/ Business Phone:y7 'O5 7 Busin s Address: rl i/ /J A/i 15 7,= '7 5_a5; I have been a resident of the•City of Wylie fore:7 years. Are you a qualified voter of the City of Wylie:Q'rLes ONo Please indicate your first,second and third preference for service below. L- fanning and Zoning Commission Zoning Board of Adjustments Library Board 6m bulance Advisory Board 3 t/ nstruction Code Board '7 \"Parks&Recreation Board Wylie Economic Development Corporation Board >/:51' Signat re Date Please return completed application to: City Secretary's Office 0 2000 Hwy.78 North Wylie,Texas 75098 • • CITY OF WYLIE Boards & Commission Application Please type or print Full Name: C.k.rkbe_A-VA (0 ) 6 Home Address: 22_1 OC..4-14-bc-cro K.- • Mailing Address if Different Home Phone:42.C1-q515Business Phone: Business Address: I have been a resident of the City of Wylie for / years. Are you a qualified voter of the City of Wylie:0YesVNo Please indicate your first,second and third preference for service below. 2- Planning and Zoning Commission Zoning Board of Adjustments Library Board Ambulance Advisory Board Construction Code Board f Parks&Recreation Board 3 Wylie Economic Development Corporation Board II /V 5 Signature Date Please return completed application to: City Secretary's Office• 2000 Hwy.78 North Wylie,Texas 75098 • • CITY OF WYLIE Boards & Commission Application Please type or print (1 Full Name: l�-�''Gt P p_ Home Address: I t € &jell `<14/7 Mailing Address if Different Home Phone:il g-/f ' Business Phone: Business Address: I have been a resident of the City of Wylie for .years. Are you a qualified voter of the City of Wylie: Yes ONo Please indicate your first,second and third p/ref`erence. for service below. _Planning and Zoning Commission _Zoning Board of Adjustments i Library Board `q Ambulance Advisory Board Construction Code Board '2 Parks&Recreation Board _Wylie Economic Development Corporation Board A—ttri_tp . )/140-61,064// I1 16—7S' Signature Date Please return completed application to: City Secretary's Office 0 2000 Hwy.78 North Wylie,Texas 75098 I Will Yam 1V 141 Fjeycli c )I� I -2 -1J vlcQ twill k CITY OF WYLIE Boards & Commission Application Please type or print pprint Full Name: -�mPS �o,(N�Cj)Atli`/4-C Home Address: £/o l�c'cZtllac?r (z,D Mailing Address if Different Home Phone: ).-S[' 9" Business Phone: Business Address: 1rd-d- I have been a resident of the City of Wylie fore- years. Are you a qualified voter of the City of Wylie:Wes❑No Please indicate your first,second and third preference for service below. Planning and Zoning Commission Zoning Board of Adjustments _Library Board Ambulance Advisory Board Construction Code Board Parks& Recreation Board Wylie Economic Development Corporation Board irirh • --au&. Siinature Date Please return completed application to: City Secretary's Office• 2000 Hwy.78 North Wylie,Texas 75098 Lvoo Id- A:We o 0'0 et f-tp '�i3? i Z17`ee_ or S6recam. t-e pp.;!^ 4 8,c pA.vSc,v, iza: Um.9 cv d,(Ks ; ,v 6-rasis woere.- C, :lzre /1,,z) co i O d i tt r •V �N e- SL`+^�c�tS D r SS A mud, WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. 4 Consider and Act Upon the Approval of a Formal Agreement between Collin County, the City of Wylie and the Kansas City Southern Railway Company. There is no back up material for this item. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION December 15, 1998 Item No. 46. Issue Authorizing the City Manager to enter into a two-year Contract with Foerster Engineering for an amount not to exceed $96,000. Background If the agreement between the City of Wylie, Collin County, and the Kansas City Southern Railway Company is approved by the Wylie City Council on December 15, the community will have the opportunity to begin planning the expenditures of approximately$10.5 million in capital funds. These funds are a combination of federal, state, and county funds which total$9.4 million. The receipt of these funds will require a local match of$1.1 million. The possibility of a County Bond Election in February 1999 would mean an additional$2.75 million in County fiords,which would be matched by a local match of$1.45 million. These funds will finance capital projects along S.H. 78,F.M. 544 and the Cottonbelt Rail Corridor which will impact every major thoroughfare in the City. Because of the multiple jurisdictions providing funding, a strong and consistent level of coordination will be required. This effective coordination will result in an engineering and design process that appropriately and cost effectively integrates the capital projects with one another and the development of a construction sequencing among contractors that minimizes adverse impacts on the public and affected property owners. The firm of Stanton Foerster Engineering, Inc. is recommended to provide the professional services of capital project coordination. The principle of the firm, Stanton Foerster, is a registered professional engineer with over eight years experience with the Texas Department of Transportation(TxDOT) and three years of private consultant experience. While employed with TxDOT, Mr. Foerster worked in the North Central Expressway Project Office in which he developed and implemented the Traffic Control Plans for the expressway reconstruction project. Mr. Foerster will bring to the Wylie projects a level of experience and knowledge to cost effectively and successfully coordinate the planning and construction of the capital projects expected to be completed during the next five to seven years. Financial Considerations The terms of a contract are for a fixed amount for each of the first two years,with a two year extension option. Changes or modifications may be made at any time during this agreement if mutually agreed upon by the client and consultant. The contract amount will be paid equally between the General and Utility Funds. Services provided to the Client by the Consultant will be billed on a flat monthly fee of $4,000. • Individual Consideration Contract-Foerster Engineering Paae 1 Attachments Letter from Foerster Engineering, LLC Prepared by eviewed by Finance City Manager Approval Individual Consideration Contract-Foerster Engineering Paae 2 To:Mike Collins Paget of Friday,November 20,1998 3.13:04 P;r FOERSTER ENGINEERING, LLC PO Box 2492,ROWLETT, TEXAS 75030-2492 FOERsTER_ENGRING Cr,HOTMAIL.COM (214) 704-4374 November 20, 1998 Mr. Mike Collins City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: Engagement of Foerster Engineering, LLC to Provide Engineering Services and Project Assistance to the City of Wylie Dear Mr. Collins: This letter sets forth the terms and will constitute our agreement(the "Agreement"). This Agreement will outline the nature and limitations of the engineering services and project assistance Foerster Engineering, LLC (the "Consultant") will provide to the City of Wylie (the "Client" or"City") in connection with transportation issues, and other related matters, impacting the Client. The objective of this Agreement is for the Consultant to provide two items: (i) provide timely transportation related information to the Client on general matters determined by the Client or Consultant and(ii) assist the Client's management of design and construction projects, as identified by the Client. Consultant responsibilities will include: (i) coordination and communication with City staff, City's consulting engineer, City Attorney, consultants, and contractors and (ii)maintain communication with other governmental agencies regarding funding, scheduling, etc. The Client is authorizing the Consultant to pursue the needs of the Client and communicate with other public and private entities on the Client's behalf. Sub-consultants may be employed by the Consultant to assist in this Agreement. Services provided to the Client by the Consultant will be billed on a flat monthly fee of $4,000.00. The Consultant will determine the appropriate expenses depending on the type of services requested, or needed, by the CIient. Time and expense fees will be billed as they occur. The Consultant's billing statements will reflect the nature of the services provided and any necessary expense incurred, or advanced, on behalf of the Client. Expenses include, but are not limited to: telephone charges (cellular, long-distance, etc.); travel; photocopies; faxes; To:Mike Collins Page 3 of 3 Friday,November 20,1998 3:14:05 P4 Engineering Services and Project Assistance Agreement City of Wylie November 20, 1998 Page 2 schematics; CADD; traffic counts; postage and deliver services; secretarial overtime and word processing; and sub-consultants and contractors. The term of this Agreement is two years with two-year extensions. Changes or modifications may be made at any time during this agreement if mutually agreed upon by the Client and Consultant. Confidential information obtained by, and/or supplied to, the Consultant regarding the Client will not be disclosed to any one other than the Client. This Agreement shall be governed by and shall be construed and enforced in accordance with the laws of the State of Texas. Sincerely, • Stanton Foerster, PE ACCEPTED AND AGREED TO, effective as of the day of , 199 : CITY OF WYLIE and FOERS I'ER ENGINEERING, LLC By Mike Collins, By Stanton Foerster, PE City Manager .I WYLIE CITY COUNCIL Agenda Tuesday, December 15, 1998 5:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Reverend Todd Nivens, Shiloh Baptist Church Pledge of Allegiance Proclamations & Presentations Declaring December 22, 1998 as Christopher Michael Ryan Day in Wylie, Texas in recognition of his achievement of Eagle Scout.�`0C 1;;) "1(�,/Yl Citizens Participation Consent Agenda All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of October 27 and November 10, 1998 and the Joint Meeting of November 17, 1998. ITEMS FOR INDIVIDUAL CONSIDERATION Approval of Ordinances 1. Consider and Act Upon Approval of an Ordinance Annexing property owned by Keith Anderson,containing 2.33 Acres,being out of the James Truett Survey,Abstract No. 920, City of Wylie, Collin County,Texas, and being part of that tract as recorded in Volume 158,Page 457,Deed Records, Collin County,Texas. 2. Consider and Act Upon Approval of an Ordinance Annexing property owned by Conrad E.Boyer,containing 1.717 Acres out of the L.K. Pegues Survey,Abstract No. 703,being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume ,, ,,,n 715,Page 708 of the Deed Records of Collin County,Texas. 3. Consider and Act Upon Approval of an Ordinance Annexing property owned by Charles -- Bunting,containing 1.50 Acres,situated in the Francisco de la Pina Survey,Abstract 688, Collin County,Texas Item No. Agenda Item Action Taken 4. Consider and Act Upon Approval of.an Ordinance Annexing property owned by Mark Clayton,containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688,Collin County,Texas and being out of a 43.24 acre tract of land conveyed to C. Truett Smith,et al,by Jack Parr,et ux, as recorded in Volume 484,page 121 of the Deed Records of Collin County, Texas. 5. Consider and Act Upon Approval of an Ordinance Annexing property owned by C. Connelly,containing 5.0 Acres,out of the W.D. Penny Survey,Abstract No. 696 and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268,Deed Records of Collin County, Texas. 6. Consider and Act Upon Approval of an Ordinance Annexing of property owned by Benny Coomer, containing 1.57 Acres, out of the Henry L. Douglas Survey,Abstract No. 292, Qdpabout 2 '/2 miles South of Wylie, and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs. Rose Rogers Coleman, recorded in Vol. 214, Page 602, Deed Records of Collin County, Texas, said 108.5 acres being the same land described in a deed from M. J. P. Haymas to George Rogers by deed dated April 6, 1874, and recorded in Vol. W,Page 956, Deed Records of Collin County,Texas. ci �A 7. Consider and Act Upon Approval of an Ordinance Annexing property owned by Antonio V" Curcio.containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstra&1'lo. 688 and being part of a 43.24 acre tract conveyed to C. Truett Smith recorded in Volume 484,Page 121,Deed Records of Collin County,Texas. 8. Consider and Act Upon Approval of an Ordinance Annexing property owned by Danny Justus,containing 1.16 Acres,out of the William Sutton Survey,Abstract No. 860 and the CI�`� Henry L.Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County, Texas. . Consider and Act Upon Approval of an Ordinance Annexing property owned by William Downs, containing 2.857 Acres,out of the W. D. Penny Survey,Abstract No. 696, Collin te) County, Texas; and being part of a certain 25.679 acre tract as described in deed to L. D. Pearce recorded in Volume 496,Page 268,Deed Records, Collin County,Texas. 10. Consider and Act Upon Approval of an Ordinance Annexing property owned by William Downs,containing 1.871 Acres,being a part of a 6 acre tract out of the W.D. Penny Survey, Abstract No. 696, conveyed to Ray Price and wife, Pauline Price, by Ray Tiller, a single man,and Mary L.Tiller,a single woman,by Deed recorded in Volume 817,Page 596, Deed Records of Collin County,Texas. 11. Consider and Act Upon Approval of an Ordinance Annexing property owned by Jesus Espinoza,containing 5.0 Acres,out of the W.D.Penny Survey,Abstract No. 696,and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed if dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County, �V Texas. QU .. 12. Consider and Act Upon Approval of an Ordinance Annexing property owned by Diane E. Getty,containing 1.413 Acres,out of the James Truett Survey,Abstract No. 920,being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County,Texas. Page of 7 Item No. Agenda Item Action Taken 13. Consider and Act Upon Approval of an Ordinance Annexing property owned by Don Hoeft, / ,� containing 1.414 Acres, being a part of a 6.327 acre tract out of the James Truett Survey, .. � �'"" Abstract No. 920,conveyed to Orville Kreymer by G. C. Kreymer,Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. 14. Consider and Act Upon Approval of an Ordinance Annexing property owned by Janish, Inc., ",'7 containing 2.5971 Acres,out of the James Truett Survey,Abstract No. 920 situated in the yi...t " City of Wylie, Collin County,Texas and being that same property described in substitute trustee's deed executed by Mark S.Houser recorded in Volume 3851,Page 148 of the Deed Records of Collin County,Texas,and also being a part of Kinsington Manor Estates Section Three, Section Four and Section Five, additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568,Cabinet C,Page 571 and Cabinet C,page 570,respectively, of the Plat Records of Collin County,Texas. 15. Consider and Act Upon Approval of an Ordinance Annexing property owned by Charles Kerin,containing 4.453 Acres,out of the W. D. Penny Survey,Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer,et ux as recorded in Volume 618, Page 312,Deed Records, Collin County,Texas. 16. Consider and Act Upon Approval of an Ordinance Annexing property owned by Kre}mer Investments,Ltd.,containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer,et al, by Media Kreymer, a widow, by deed recorded in Volume 645, Page 627 of the Deed Records of ,R Collin County, Texas. u. 17. Consider and Act Upon Approval of an Ordinance Annexing property owned by Vicki S. Monson,containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573, Page 533 of the Deed Records of Collin County,Texas. 18. Consider and Act Upon Approval of an Ordinance Annexing property owned by Vicki S. \ Monson,containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey,Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573, Page 533 of the Deed Records of Collin County,Texas. 19. Consider and Act Upon Approval of an Ordinance Annexing property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L.Douglas Survey,Abstract No. 292 and the William Sutton Survey,Abstract No. 860,Collin County,Texas,and being a part of an 85.319 acre tract of land conveyed to Richard D. Nance, Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969, Deed Records of Collin County,Texas. 20. Consider and Act Upon Approval of an Ordinance Annexing property owned by Norma . Motsenbocker, containing 3.93 Acres,out of the Henry L. Douglas Survey,Abstract No. 292,about 2 '/2 miles South of the Town of Wylie,Texas, and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959,By Addison G.Wilson,Jr., said _ 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214,Page 602,Deed Records of Collin County,Texas. • Page 3 of 7 Item No. Agenda Item Action Taken 21. Consider and Act Upon Approval of.an Ordinance Annexing property owned by Peter Nicklas, containing 7.32 Acres, located on Old Highway No. 78, Sachse-Wylie Road in Collin County,Texas and being a tract out of the Henry L. Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County,Texas. 7 22. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas,containing 3.590 Acres,out of the Henry L.Douglas Survey,Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll,et ux, as recorded in Volume 1184,Page 893, Deed Records of Collin County,Texas. 23. Consider and Act Upon Approval of an Ordinance Annexing property owned by Peter Nicklas,containing 2.7624 Acres,out of the Henry L. Douglas Survey,Abstract No. 262, and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W. Housewright as recorded in Volume 773,Page 291,Deed Records of Collin County,Texas. 24. Consider and Act Upon Approval of an Ordinance Annexing property owned by Robert E. Nolan,containing 0.681 Acres out of the E.C.Davidson Survey,Abstract No. 266,conveyed to L.W. Self and wife, Glenda O. Self by R.H. Wilson and wife,Grace L. Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records, and being a part.of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamori Reynolds and Wife, Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. 25. Consider and Act Upon Approval of an Ordinance Annexing property owned by North Texas Municipal Water District,containing 7.94 Acres,out of Francisco de la Pina Survey, Abstract 688,Collin County,Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners,by order of probate Court,December 29, 1923, and recorded in Volume 249,page 346,Deed Records of Collin County,Texas. 26. Consider and Act Upon Approval of an Ordinance Annexing property owned by North Texas Municipal Water District, containing 32.078 Acres, being out of Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L. Creel and evidenced by Order on Report of Commissioners recorded in Volume 249, Page 346 of the Deed Records of Collin County,Texas. 27. Consider and Act Upon Approval of an Ordinance Annexing property owned by O. V. Justus,containing 1.003 Acres,out of the Henry L. Douglas Survey,Abstract No. 292 and being a part of a 27.644-acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County,Texas. S28. Consider and Act Upon Approval of an Ordinance Annexing property owned by Kenneth Putman, containing 3.459 Acres,being a part of an original 12 acre first tract out of the James Truett Survey, Abstract No. 920 conveyed to Orville Kreymer, et al, by Media Kreymer, a widow, by deed recorded in Volume 645, Page 627, of the Deed Records of Collin County,Texas. Page of 7 Item No. Agenda Item Action Taken _ 29. Consider and Act Upon Approval of an Ordinance Annexing property owned by Ivan W. Stewart, containing 1.0 Acre, being a part of a 6.327 acre tract out of the James Truett Survey,Abstract No. 920,conveyed to Orville Kreymer by G.C. Kreymer,Archie Kreymer, Clifton Kreymer, and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. 30. Consider and Act Upon Approval of an Ordinance Annexing property owned by Melvin St. John, containing 28.333 Acres, being part of a called 58 acre tract out of the Henry L. Douglas Survey, Abstract No. 292 and the William Sutton Survey, Abstract No. 860, conveyed to W. O.Houston and John D.Houston by G.H. Drewery and recorded in Volume 339,Page 436 of the Deed Records of Collin County,Texas. 31. Consider and Act Upon Approval of an Ordinance Annexing property owned by Choya Tapp,containing 3.491 Acres,out of the Henry L. Douglas Survey,Abstract No. 292 and the William Sutton Survey, Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L. Bass and wife, Helen R. Bass to William E.Butler and wife,Charlene L.Butler, as recorded in Volume 855,Page 745,Deed Records of Collin County, Texas. 32. Consider and Act Upon Approval of an Ordinance Annexing property owned by Thomas Brown,containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No. 696, and being a part of a 25.679 acre tract conveyed by C. I.Norton and Lyda P.Norton to L. D. Pearce, L. G.Pearce and F. W. Pearce, as recorded in Volume 496,page 268,of the Deed Records of Collin County,Texas. 33. Consider and Act Upon Approval of an Ordinance Annexing property owned by Garry White,containing 1.089 Acres, out of the I. & G.N. Railroad Company Survey,Abstract No. 1059,Collin County,Texas,and also being part of a 4.00 acre tract as conveyed to Glen E. Pockrus and wife, Joyce Pockrus, recorded in Volume 1293, Page 84, Deed Records, Collin County,Texas. 34. Consider and Act Upon Approval of an Ordinance Annexing property owned by W.L. Brown,containing 1.0_Acres out of the William Sachse Survey, Abstract No. 696 of 640 acres,about 14 miles Southeast from McKinney,Collin County,Texas, and being out of that 40 acres of land which is described as First.Tract in a Warranty Deed from Jick Housewright et al to D.R Moore and Kathleen G.Moore,dated April 15, 1954,recorded in Volume 484, Page 379,Deed Records of Collin County,Texas, 35. Consider and Act Upon Approval of an Ordinance Annexing property owned by William F.Young,containing 1.0 Acre being out of the Elliot C.Davidson Survey,Abstract No. 266, being a 1.00 acre tract of land out of a 72.5 acre tract, save and except previous conveyances, conveyed to J.R. Eaves by deed dated the 9th day of March, 1958, by J.W. Barnett et ux,of record in Volume 411,page 494,Deed Records of Collin County,Texas. 36. Consider and Act Upon an Ordinance annexing all of a certain 110 Acre tract out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife,Pearl A. McWhirter,by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County,Texas. _.. 37. Consider and Act Upon an Ordinance Annexing all of a certain .998 Acre tract out of the Francisco De La Pina Survey,Abstract No. 688, Collin County,Texas and being the same property conveyed to Doyle R Mitchell and wife Nancy Kaye Mitchell,by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610,Page 702,Land Records,Collin County,Texas. Page,4 of Cove Item No. Agenda Item i(1_ ( ` r W Action Taken Approval of Preliminary'Plats/Final Plats ��. .,,.y/ COUln1C insider and Act Upon a preliminary plat for the Winding Creek Estates Addition,proposed C ,��4,Y6 D.R. Horton Custom Homes for the property generally located in the City of Wylie o'` Extraterritorial Jurisdiction(ETJ)along the south side of Parker Road west of the FM 1378 and Parker Road intersection, and being all of a 44.531 acre tract out of the Lewis M. Marshall Survey,Abstract No. 594,Collin County,Texas. 39. Consider and Act Upon a Final Plat for the Lakeside Estates Phase I addition,proposed by Carter and Burgess,Inc.for Vista Oaks Development,generally located along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway(Marshall Lane), and being all of a certain 39.529 acre tract out of the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County,Texas. Public Hearings - 7:00 p.m. vy.\, 40 Consider and Act Upon a request from Gonzalo Cerda for approval of a Specific Use Permit (SUP)for a private club serving alcoholic beverages(restaurant)for the property generally located at the northeast corner of Fifth Street and SH 78,and being part of Lots 1 & 2,Block 12 of the Railroad Addition, an Addition to the'City of Wylie, Collin County, Texas. K41. Consider and Act Upon a request from Mike Douglas for FarmTex Inc.,for approval of a of a zone change from A(Agricultural)to I(Industrial)for the property generally located at the northwest corner of SH 78 and Eubanks Lane, and being all of a certain .998 acre tract out of the Francisco De La Pina Survey,Abstract No 688, City of Wylie, Collin County, Texas. 42. Consider and Act Upon a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A (Agricultural);B-1 (Business); SF-A /„(jt,& (Single Family Attached); SF-2 & SF-3 (Single Family Residential)to B-1 (Business)and / �/" I (Industrial) for the property generally located at the northeast corner of Spring Creek �(It v Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La ` ` Pina Survey,Abstract No. 688, City of Wylie, Collin County,Texas. Agreements and Appointments C-li43. Authorize the City Manager to enter into an agreement with the North Texas Municipal Water District for the cost sharing and specific financing terms relating to the reconstruction of South Ballard Street between Butler and Stone and the.Stone Road and Ballard Street intersection and other matters relating thereto,including a reimbursement resolution. 4. Consider and act upon appointing a replacement to the Library Advisory Board for an 4 / v2 unexpired term ending July of 2000. � `"45. Consider and Act Upon the approval of a formal agreement between Collin County,the Cit y /� ., of Wylie and the Kansas City Southern Railway Company. /r' �"466. Authorizing the City Manager to enter into a two-year Contract with Foerster Engineering for an amount not to exceed$96,000. Staff Reports • Page 6 of 7 Item No. Agenda Item Action Taken _ Wylie City Gouncil/Planning & Zoning Commission Joint or session Update on the Comprehensive Plan Review • • Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad;and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. • • I certify that this Notice of M eting was posted on this the 11 th day of December, 1998 at 5:00 p.m. as re uired by law• ac r ante with Section 551.042 of the Texas Government Code. • i Secretary Date Notice Removed The Wyhe Municipal Complex is Wheelchair accessible Sign interpretation or other special assistance fob disabled attendees Must be requested 48 hours in advance by contacting the City Secretary's Office at 972C442 8100 orTDD 972/442 8i74 Page 7 of , City of Wylie Worksession/Discussion Item City Council/Planning and Zoning Commission Joint Worksession: December 15, 1998 Discussion Item No. 1 RE: Discussion regarding the status of the Comprehensive Plan Update - Wallace, Roberts, & Todd Background: Brief Presentation by Donal Simpson with Wallace, Roberts, & Todd.