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08-24-1999 (City Council) Agenda Packet NOTICE OF MEETING tf/I*11 Wylie City Council Agenda & Joint Worksession with The Planning & Zoning Commission Tuesday, August 24, 1999 6:00 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 Pledge of Allegiance Worksession Discussion of future land use and development related issues. Presentations & Proclamations Celebrating 25 year anniversary of the League of Women Voters, Plano/Collin County. Accepting on behalf of the League,Ms. Barbara Hotinski,President Citizens Participation', CONSENT AGENDA All m tiers 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 Special Called Meeting of August 9 and Regular Meetings of July 27 and August 10, 1999. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider and act upon a Preliminary Plat for the Newport Manor Addition,proposed by Douphrate&Associates,Inc. for Cascade Companies,LLC.,generally located along the east side of FM 1378 north of the Newport Harbor subdivision,and being all of a certain 12 acre tract situated in the James McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas. 2. Consider and act upon an Ordinance Disannexing all of a certain 88.965 Acre tract situated in the Maria Ignacio Giminez Survey, Abstract No. 338,Collin County,Texas. 3. Consider and act upon applying for a Telecommunications Infrastructure Fund(TIF)Grant to create a multipurpose and community based network. Staff Reports NOTICE OF MEETING Wylie City Council Agenda Page a,. of g._, Item No. Agenda Item Action Taken Joint Worksession with Planning & Zoning Commission Development Related Issues Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.072 Deliberation Regarding Real Property and Section 551.075 Conference with Employees to receive information and question employees. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. Cn addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item pasted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of IJ , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code d appropriate news media contacted. 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 i972/442-8170_ MINUTES Wylie City Council Monday, August 9, 1999 - 6:00 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,Monday, August 9, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Jim Swartz, Merrill Young, and Chris Trout. Councilman Worley 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; Chris Holsted, Consulting Engineer; Richard Abernathy,City Attorney and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the Invocation. Pledge of Allegiance Councilman Swartz was asked to lead the Pledge of Allegiance. Citizens Participation No one came forward for Citizens Participation. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearings The Mayor addressed the audience prior to the start of the Public Hearing process by reading the following opening statement. "As a City Council,we know that the issue of annexation is not very popular with those of you here tonight. The authority that the State of Texas provides to cities is a privilege and a responsibility that this City Council takes very seriously. We must make difficult decisions that affect people's lives. We must make a determination that balances individual property rights with the general public's need to control overall land use in the future. If annexed,your current use is grand fathered. In addition,we will meet State law requirements governing what services re to be provided. We have available at the back table,information describing what services the property taxes support. We will listen respectfully to your comments during the public hearing." 1. Hold the first of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W.Hood,to Chas.E.Hood,dated November 27, 1940,and recorded in Volume 33, Page 70 of the Deed Records of Collin County,Texas. Wylie City Council Minutes August 9,1999 Page 1 Mr.Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey,Abstract No. 716, and being the second and third tracts in deed from Amos W. Hood, to Chas. E. Hood, dated November 27, 1940, and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. An overhead was provided. Mr.Maples stated that in an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits 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 explained 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 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. The two(2)public hearings have been scheduled for the August 9, 1999, and August 10, 1999,City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. The statements by Mr. Maples on Item No. 1 are applicable to Items 1-6. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Ms.Barbara Mitchell,P.O.Box 503,2457 Country Club Road-Parcel 145 Ms.Mitchell stated that she represented property owners,Keith and Angie Anderson,Dennis and Sharon Baum, Robert and Jeannie Young, Kenneth and Mary Ellis, Heath and Angie Gibson, Doodie & Ruth Frederck and David Bell. Ms.Mitchell stated that she has owned her property for thirty five years and that they currently have all that they need with regard to services and do not feel they need to be annexed at this time. She does not feel that the city can provide services within a six month time period and they are satisfied with their septic tank and the water service they receive from Parker. There was some discussion with regard to the future widening of F.M. 1378 and from which side,east or west the right of way would be acquired. It was estimated by the Mayor that this could be 3-7 years into the future. Matt and Katherine Butschek, 1755 F.M. 1378-Parcel 128 & 129 Ms. Butschek described the location of their property as across from Dodd Elementary. She stated that they moved to this area to get away from development. She stated that they currently use a private service for refuse collection and have good police protection. Their property is approximately 20 acres and to develop they would require sewer service. She stated that they are satisfied with current services and that it would take too long for the city to provide services. Mr.Butschek echoed the comments of his wife,Katherine. He added that he is opposed to the annexation. He feels the property will not be developed for 5-10 years and that it is too soon to be annexed by the City. He prefers to keep the use as"A",Agriculture. Mr.Mike Morris,2065 Stone Road-Parcel 3 &4 Mr. Morris's comments are to be recorded for Item No. 3. Mr.Morris stated that he is opposed to the annexation of his property. He stated that his attempts to locate a car lot within the city limits resulted in his purchase of property outside of the city. He was concerned as to why the city wants to annex him at this time. He feels that he has done a lot of work on his property and he does not want to have to pay taxes and not be provided services. He added that his property was deannexed in December of 1992 and that he cannot be annexed within five years,and if so services must be provide within one year. Wylie City Council Minutes August 9,1999 Page 2 Mr. Morris responded to Councilman Scott with regard to length of ownership; Parcel 3 he has owned for approximately 2-3 years and Parcel 2 for approximately 1-1 ''A years. Sharon K Benner,7960 E Parker Road,Allen-Parcel 174 Ms. Benner's comments are to be recorded for Item No. 5. Ms. Benner voiced her opposition to the annexation. She described her property as west of Dove Creek. Ms. Benner read aloud the City of Wylie's Mission Statement and Pledge stating that she did not think we were acting in agreement to our Statement and Pledge. She stated that during the Parker/Wylie litigation she asked if Wylie had any plans to annex and she was told that we did not. She pointed out to Council that she had three scouts with her this evening who were in the process of earning their merit badges and were to observe Council's actions. She questioned the notification process and publication requirements. Ms. Benner cited response times with regard to police and fire from surrounding cities. She concluded by stating that her husband,who could not be present,is also opposed to the annexation and that the city had nothing to offer by including their property as part of the City. With no further response,the Mayor then closed the Public Hearing. 2. Hold the first of two Public Hearings for the Annexation of 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO.835,Collin County, Texas,and being all of that certain tract of land conveyed to Jeffrey L.Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County,Texas. Mr.Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, Collin County, Texas, and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County, Texas. An overhead of said tract of land was provided. It was noted that this property was located adjacent to the North Texas Landfill. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. With no response,the Mayor then closed the public hearing. 3. Hold the first of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No.660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck,et ux,to R.S.Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. Mr.Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County, Texas, a part of the Richard D.Newman Survey,Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R.Beck,et ux,to R.S. Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County, Texas. An overhead of said tract of land was provided. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Wylie City Council Minutes August 9,1999 Page 3 The Mayor asked that the prior comments by Mr. Mike Morris be entered into the record for Item No. 3. With no further response,the Mayor then closed the public hearing. 4. Hold the first of two Public Hearings for the Annexation of 1.089 Acres of land and being situated in Collin County,Texas,in the I.&G.N.Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61, of the Collin County Deed Records,Collin County,Texas. Mr. Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 1.089 Acres of land and being situated in Collin County,Texas,in the I.& G.N. Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61,of the Collin County Deed Records,Collin County,Texas. An overhead of said tract of land was provided. Mr. Maples noted that this area was what remained from the last annexation process in December of 1998. Mr. Chris Hoisted stated that sewer service is currently under design and completion is scheduled for the end of September or first of October of this year. Council directed staff during the annexation process in December of 1998 to begin the process of sewer provision for specifically annexed parcels surrounding the property described in Item No. 4. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments 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 approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No. 716,and also being out of the L..Marshall Survey,Abstract No.594,Collin County,Texas. Mr.Maples addressed this item. Mr.Maples stated that this was one of two Public Hearings for the Annexation of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey, Abstract No. 716, and also being out of the L.. Marshall Survey,Abstract No. 594,Collin County,Texas. An overhead of said tract of land was provided. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Mr. Dennis Bell,307 Dogwood Street-Parcel 140 Mr.Bell voiced his opposition to the annexation. Mr.Bell is currently the sole owner of the property at the corner of FM 1378 and Parker Road,or Parcel 140 which shows Mr. Robert Garner,Jr. He stated that his property is a good sized piece of land and he does have plans to develop. He stated that he currently operates with a septic tank and that the property is used only for storage. When asked how he plans to develop the property,Mr. Bell responded that more than likely it would be some type of commercial development. He stated that vehicle traffic is approximately 7,000 vehicles per day. Mr. Bell stated that the sewer service is his main issue with the annexation. Wylie City Council Minutes August 9,1999 Page 4 Mr.Bill Hallas,7940 E.Parker Road-Parcels 172 & 173 Mr. Hallas voiced his opposition to the annexation. He stated that he has been a resident for two and one half years. He stated that his property is currently used as storage for his construction type work. His concerns are that if he is annexed into the city,he will be dictated by City of Wylie rules. He stated that he has not had time to research,but feel that the city is more concerned with the tax revenues from the annexations and that he will have to wait up to five years for services. He stated that he is currently satisfied with all services provided. Ammoa Benner,7960 E.Parker Road-Parcel 174 Mr.Benner voiced his opposition to the annexation. He stated that he has lived at this address for ten years and currently attends High School in Plano. He stated that they receive services from Plano and water from Parker. He stated that he is only 21 years of age and he likes living in the rural atmosphere created by the unincorporated area. He stated that he is able to have many pets and that raising them has taught him responsibility. He feels that the city may restrict family activities such as fireworks during the holidays and the use of fire arms. Edward Sledge,4010 Bois D Arc Lane,Allen-Parcel 164 Mr. Sledge spoke in opposition to the annexation of his property. He wanted Council to note that his physical address is `Allen'. He stated that he lives quite a way from Wylie and felt that he was really outside of our community. He remarked on the ten day notification of the process and felt that this annexation was being rushed by the City and questioned whether we were working to meet a deadline. He expressed his shock at the City's attempt to annex his property. His concerns were regarding services,including sewer,refuse pick up, the paving and maintenance of his road and concerns regarding future plans to bring him into the Wylie Independent School District. Mr. Sledge concluded by stating that he feels that the benefits are all for the city and not the property owners and that the city is only concerned about bringing him in before someone else does. Pat Randolph,property unidentified Mr.Randolph spoke in opposition to the annexation of his property. He stated that he is a 25 year resident and sees no advantage to annexation in that the city can offer no services to benefit the property owners. Alvin Duncan,7750 E Parker Road-Parcel 169 Mr. Duncan spoke in opposition to the annexation of his property. He stated that he was shocked at the latest tax statement he received. He stated that he is currently paying taxes to the Plano Independent School District and asked how this would change. The Mayor stated that this would not change and he would not be assessed Wylie Independent School District taxes. He stated that he would be opposed to the annexation unless the city could furnish services such as sewer and gas. Mr.Kurt Strange,7900 E Parker Road,Allen-Parcel 171 Mr. Strange spoke in opposition to the annexation of his property. He asked how this annexation would effect his business. It was explained that he could continue to operate,unless the use changed. Mr. Strange voiced his concerns regarding the DR Horton development adjacent to his property and how this could effect his sewer service. He was advised that if annexed and sewer lines are within 500'of his property,he would be required to tie into sewer services. Mr. Strange again stated that he did not want to be annexed. Mr. Gerald Lewis,7730 E Parker Road,Allen-Parcels 166, 167,and 168 Mr.Lewis spoke in opposition to the annexation of his property. Mr. Lewis stated that the city cannot offer his anything and that he has tax dollars to offer the city. He was concerned about the Council's reasons for wanting him in their city. Wylie City Council Minutes August 9,1999 Page 5 Ms.Dolores Veninga,5531 Ursula Lane,Dallas-Parcel 130 Century Hill Investment Company,A Real Estate Partnership. Ms. Veninga spoke in opposition to the annexation of her property. She stated that she has owned the approximate 100 acres for 25 years and has farmed the land during this time. She asked how the annexation would effect her city taxes and what the tax rate was for her acreage. Staff could not give her an estimate without more specific information. She expressed her concerns regarding the recent changes in the annexation law and the time frame for completion of the annexations. Mr.Fred Veninga,5531 Ursula Lane,Dallas-Parcel 130 Mr.Veninga spoke in opposition to the annexation of his property. He expressed concerns regarding the rushed process and the two public hearings held on consecutive evenings. With no further response,the Mayor then closed the public hearing. 6. Hold the first of two Public Hearings for the Annexation of approximately 3.823 Acres of land and being a survey of a tract of land in the W.D.Penny Survey,Abstract 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 addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey, Abstract 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. An overhead of said tract of land was provided. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Mr.Bill Roberts,777 E 15th Street,Plano Representing Mr. &Mrs.Jesus Espinoza,2237 Country Club Drive,Plano-Parcel 102 As legal representation for the Espinoza's he expressed their opposition to the annexation of their property. Mr. Roberts asked whether the property surrounding the Espinoza property was within our City Limits. Mr. Maples stated that it was. Mr. Roberts explained that the Espinoza's are currently in the process of developing said property with the construction of a metal building. His concerns are for pre-existing use. He asked if the Espinozas will be able to use the building as currently constructed. There was discussion as to the permitting process,which would have been done through the County. Mr. Espinoza stated that the County did not require a building permit but they would need to issue a permit when the electricity was connected. It was stated that currently the Espinoza's have every type of service they need and asked that they not be included in the annexation. There was some further discussion regarding the placement of a mobile home,prior to possible annexation. Mr. Roberts explained that currently they have a mobile home on the property that they wish to replace with a new one. Mr. Maples explained that, if annexed, they would be allowed to bring in a new mobile home only if it contained the same square footage or less. With no further response,the Mayor then closed the public hearing. Wylie City Council Minutes August 9,1999 Page 6 The Mayor then asked Mr. Abernathy,city attorney, to address the audience with regard to the posted Work Session on recent legislative changes and provide some clarification for those who had concerns. Mr.Abernathy provided a handout to the Council that detailed the new legislation as it relates to the annexation process. Mr. Abernathy stated that Chapter 43 of the Local Government Code sets out the requirements to annex. This law changed,effective September 1, 1999. Mr.Abernathy stated that the City of Wylie does comply with these requirements and explained the time frame requirements with regard to public hearings and annexation approval. It was questioned whether the City appeared to be rushing the process. The Mayor addressed this concern. He stated that typically it has taken 30-45 days to complete an annexation process and within the past six years he recalled only four,with the most recent during November and December of 1998. Of those annexed, staff was directed to initiate the process of sewer provisions to be completed within 12 months. According the our City Engineer,sewer service should be completed within nine months. Other concerns from those present were with regard to the city's authority to annex and changes in the notification process within the new Senate Bill 89. Mr. Abernathy presented a summary of the new legislation and highlighted the main issues within the new legislation that would have an effect on municipalities. The three points clarified were regarding the preclearance requirement from the Justice Department. Previously, preclearance was sought after the annexation was complete. Under the new statute,preclearance will be required as soon as possible, up to 90 days prior to the annexation. Municipalities will also be required to notify the School District as to the proposed area of annexation and the fmancial impact including changes in utility costs. Home Rule cities have two types of annexations,voluntary and involuntary. Mr. Abernathy made reference to Senate Bill 89,Section C, `Annexation Procedure for Areas Annexed Under Municipal Annexation Plan"and CI "Annexation Procedure for Areas Exempt from Municipal Annexation Plan"and provided a brief summary of how this effects municipalities,specifically Wylie. He referenced the change with provision of services from 5 years to 2'/2 years and with regard to disannexation and the provision that can require payment of attorneys fees should the city loose a lawsuit. Also amended was the time frame to annex after disannexation. This has been amended from 5 years to 10 years. Mr. Abernathy was then available for questions from Council and the audience. Mr. Collins had a concern and referenced specifically Page 4,G. Mr. Abernathy referred Mr. Collins to Page 7 of 18 "G", Subsection of 43.056. Mr. Abernathy stated that this Section detailed the level of service required to provide. He added that this should not be an issue, unless land is annexed that will enhance the tax base, existing development. Mayor Mondy stated that Council's concerns, with regard to the annexations, are to protect the City's entryways. He stated that they receive heavy criticism with regard to the entryways into the City. Mr. Abernathy stated that though most are opposed to annexation,the council's desire to protect the entry ways are those similar to most other cities. He stated that this is a legitimate reason for annexation and that overall what the city is doing should be applauded. He added that during the last annexation process,the city chose not to annex several parcels of land,possibility as much as 60%of what was presented. Councilman Scott asked whether specific parcels within an a large tract of land could be annexed without annexing the entire acreage. Mr. Abernathy advised that this could be done,however,it must be done carefully so that parcels must be adjacent. There was some discussion from the audience regarding the conduct of an election as part of the annexation process. Mr. Abernathy clarified reference to the election stating that an election was conducted in the 1980's that adopted our Home Rule City Charter. Wylie City Council Minutes August 9,1999 Page 7 Mr.Matthew Butschek,Parcels 128& 129 addressed Council asking the City to take it's time and do the right thing, not rush into the annexations because of a September 1, 1999 deadline. He stated that the City could operate under the new legislation,concluding that this law is the People vs. the City. The Mayor stated that after the meeting has been adjourned,he wished to visit with those property owners who owned frontage on F.M. 1378. Staff Reports Mr.Mike Collins,City Manager reported the progress on Ballard Street. He suggested a possible Ribbon Cutting Ceremony for Friday morning,however,Council expressed a desire to schedule an alternate day due to scheduling conflicts. Mr.Collins stated that all work is progressing and that the completion date has not been changed. He also reported that Kirby Street would remain one way until the contractor has completed all work,including the Ballard/Stone intersection. Work Session A presentation by Richard Abernathy, City Attorney regarding recent legislative changes was conducted as a presentation during the Regular Meeting due to the number of property owners who had questions and concerns. Adjournment. With no further business to come before Council,Councilman Scott made a motion to adjourn the meeting and Councilwoman Allen seconded the motion. John Mondy,Mayor Attest: Barbara A Salinas, City Secretary Wylie City Council Minutes August 9,1999 Page 8 MINUTES Wylie City Council Tuesday, July 27, 1999 - 7:00 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,July 27, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,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 and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the Invocation. Pledge of Allegiance Councilman Swartz was asked to lead the Pledge of Allegiance. Citizens Participation Nita Spurgen,401 Fleming. Ms. Spurgen,resident of Rustic Oaks Apartments, voiced her concerns over the notification received from the management regarding the new water billing procedures to be implemented for all Rustic Oaks residents. Council asked city staff to contact the city attorney for an opinion on the water billing procedures. Jill Lowery, 1819 Spinacre Way Ms. Lowery explained that she had appeared before Council a few weeks ago and still has not seen any results with regard to her drainage issue. She described the area directly behind her home. The Mayor stated that he and some of Council would make arrangements to visit the site. Male speaker,Rustic Oaks Resident Speaker also voiced his opinion regarding the notification from the management of the Rustic Oaks Apartment Complex on the water billing procedure. His concern is based on the formula to calculate individual water usage for fair billing. The speaker did provide Council with a copy provided him explaining the calculation of water rates. CONSENT AGENDA A. Approval of the Minutes from the Regular Meetings of June 22 and July 13, 1999. Councilman Trout had the following corrections to the Minutes of June 22. 1) "Pledge of Allegiance"should be changed to reflect"Invocation"on both June 22&July 13, 1999. Wylie City Council Minutes July 27,1999 Page 1 Councilman Scott had the following corrections to the Minutes of July 13. 1) Item 3. Reflect that Councilman Worley abstained and the vote was 6-0. 2) Item 8. Reflect that Councilman Worley abstained from the vote for both the motion to remove from the table and the action taken. With no further corrections,Councilman Scott made a motion to approve the Minutes,with corrections,from the Regular Meetings of June 22 and July 13, 1999. Councilwoman Allen seconded the motion. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearing 1. Hold a Public Hearing to consider and act upon the update of the Comprehensive Land Use Plan. (Tabled at the July 12 Special Called Meeting) Councilman Scott made a motion to remove this item from the table. Councilman Swartz seconded the motion. The motion carried, 7-0. Mr. Maples, Planning Director, addressed this item. Mr. Maples provided Council with a brief history of the development of the Comprehensive Plan. He also called attention to the Memorandum provided to Council from the Planning&Zoning Commission. There was discussion and concerns regarding the Regency Park area. Reference was made as to the comments heard by Council from the property owners present at a previous worksession. They voiced concern regarding their property values. The Mayor stated that this Plan was subject to review by future Council members. Councilman Worley stated that this Plan is only used as a guideline. The Consultant, Mr. Richard K Leisner, also stated that specific decisions will be made by Council with citizens' input after adoption. The Mayor then opened the Public Hearing and asked if anyone wished to speak either in favor of or opposition to approval of the Comprehensive Plan to come forward, state their name and address for the record and limit their comments to three minutes. Cecilia Wood,515 Woodhollow Ms. Wood introduced herself a member of both the Planning&Zoning Commission and the Comprehensive Land Use Steering Committee,but wished to address Council as a citizen. She complimented the Consultant for working with the Steering Committee and incorporating committee recommendations,but doubts that the city will grow as suggested. She added that after adoption,we need to be proactive in what is right for the city and that the Plan is a good plan,but can be changed. Randy Helmburger,Business Park Property Owner Mr.Helmburger had a zoning concern regarding the current zoning of his business. He asked Mr. Maples in a situation that his building is destroyed by fire,could he rebuild as"I"or would he be subject to the Comp Plan? Mr.Maples answered that destruction by fire is considered an act of God and he could rebuild under current"I" standards. With no further response,the Mayor then closed the Public Hearing. Councilman Scott made a motion to approve the update of the Comprehensive Land Use Plan,with wording changes. Councilman Trout seconded the motion. a vote was taken and the motion passed, 7-0. Wylie City Council Minutes July 27,1999 Page 2 Resolution 2. Consider and act upon approval of a Resolution for the approval of the creation of the S.H.78 Local Design and Mobility Task Force. Ms. Manson, Assistant to the City Manager, addressed this item. Ms. Manson explained that this action is a result of the Agreement with Kansas City Southern whereby KCS will donate to Collin County portions of the S.H. 78 mainline right of way between Westgate and Eubanks. She stated that the Collin County Commissioners Court has agreed to donate this right of way to the Texas Department of Transportation (TxDOT) for the widening of S.H.78 from F.M.544 to Spring Creek Parkway. Ms. Manson stated that this donation represents a significant local financial match and that TxDOT has committed to the City and County completion of engineering and design in FY2000 and to let construction in FY2001. Ms. Manson explained that in addition to the funding allocated by TxDOT to the S.H. 78 expansion, the City will secure $3 million in Federal Demonstration Funds for intersection approach improvements along the S.H. 78 corridor. Ms. Manson stated that with Council's approval, a Task Force will be created to develop a locally preferred design for the S.H. 78 expansion. Ms. Manson suggested a fifteen member Task Force to include owners of businesses and property owners along S.H. 78,Wylie Chamber,Merchants Association,WEDC, Collin County, TxDOT,and members of the community. Ms. Manson stated that the first meeting would be held the week of August 9, 1999. Ms. Manson stated that if approved, Council would be asked to provide staff with their recommendation to the Task Force. Councilman Swartz made a motion to approve a Resolution for the approval of the creations of the S.H.78 Local Design and Mobility Task Force,stipulating Collin County representative Hoagland serve on the Task Force and requesting that each Council member recommend two appointees to serve on this Task Force. Councilman Scott seconded the motion. a vote was taken and the motion passed, 7-0. RESOLUTION NO.99-19 A RESOLUTION OF THE APPROVAL OF THE CREATION OF THE S.H.78 LOCAL DESIGN AND MOBILITY TASK FORCE. Staff Reports Ms. Manson reminded Council of the Joint Meeting scheduled for Thursday,July 29 with the School District. She also reported that the Joint Meeting scheduled with the Planning&Zoning Commission has been canceled and needs to be rescheduled. Ms. Manson advised Council of the annexation schedule for two public hearings on August 9& 10 and adoption on August 31. She advised that Mr. Abernathy would be here on August 9 for an update on the new legislation. Ms. Manson stated that all property owners have been notified and a list will be provided to Council. Ms.Manson provided an update on Ballard Street stating that despite interruptions with the gas line breakage, they remain on schedule. There was some discussion regarding driveway replacement for property owners. Ms. Manson explained that she had visited with Mr. Stanton Forester and he explained that driveway replacement would depend on the elevation of property and provision of drainage,only. Mr. Snellgrove,Finance Director,reported that Council would also be asked to hold a Public Hearing on the Tax Rate in accordance to the Truth and Taxation Laws at the Special Called Meeting of August 31, 1999. Mr. Snellgrove reported that there was a change in dates for the bond sale. He stated that this would come before Council at the Regular Meeting of September 14. Mr. Snellgrove stated that we should have our rating by the first of September. Wylie City Council Minutes July 27,1999 Page 3 The Mayor called for a ten minute recess before convening into Worksession. Work Session FY99-2000 Budget Mr. Brady Snellgrove, Finance Director,gave Council an update on the FY99-2000 Budget. Mr. Snellgrove provided inserts for the previously distributed Budget that reflected recent changes. Mr. Snellgrove provided explanation to Council with regard to changes to the Proposed Tax Distribution Calculations; General Fund Statement of Revenue and Expenditures and the General Fund Schedule of Revenue by Source. Mr. Snellgrove then presented proposed personnel changes. He provided Council with a handout that outlined the proposed changes. Mr. Snellgrove discussed the change to the Community Affairs Coordinator position stating that the position would be at a lower grade then previously presented. Also was the addition of a part time position that would offer$8.00 per hour to handle patrons of the Center. Mr. Snellgrove presented the proposed 20 year retirement plan. He explained that this could be years of service at several different municipalities and that each would pay their share, provided that they also participated in the 20 year retirement plan. Mr. Snellgrove outlined the changes in employee insurance benefits and the addition of an additional holiday, Good Friday. Ms.Manson provided Council with additional information with regard to the following. A prioritized list of the projects for Street Overlay& Concrete Rehab; Information regarding the proposed software for tracking Fleet Maintenance, Works Orders and Community Development activity; Fleet Replacement Policy and Inventory; proposed job description for the Community Services Coordinator and a draft letter to the Community Center users. Adjournment With no further business to come before Council,the meeting was adjourned at 9:10 p.m. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes July 27,1999 Page 4 MINUTES Wylie City Council Tuesday, August 10, 1999 - 6:00 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, August 10, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,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; Chris Hoisted, City Engineer and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the Invocation. Pledge of Allegiance Councilman Swartz was asked to lead the Pledge of Allegiance. Citizens Participation Ms.LeAnn Tramell,921 Heatherwood. Ms. Tramell expressed her concerns for the conditions of home under construction within her subdivision. Pictures were provided to Council so that conditions could be noted. Contractor is Lexington Homes. Ms. Tramell also expressed her concerns for the median strip maintenance in her neighborhood and provided pictures of this as well. ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearings The Mayor addressed the audience prior to the start of the Public Hearing process by reading the following opening statement. "As a City Council,we know that the issue of annexation is not very popular with those of you here tonight. The authority that the State of Texas provides to cities is a privilege and a responsibility that this City Council takes very seriously. We must make difficult decisions that affect people's lives. We must make a determination that balances individual property rights with the general public's need to control overall land use in the future. If annexed,your current use is grand fathered. In addition,we will meet State law requirements governing what services re to be provided. We have available at the back table,information describing what services the property taxes support. We will listen respectfully to your comments during the public hearing." 1. Hold the second of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W.Hood,to Chas.E.Hood,dated November 27,1940,and recorded in Volume 33, Page 70 of the Deed Records of Collin County,Texas. Wylie City Council Minutes August 10,1999 Page 1 Mr. Tobin Maples addressed this item. Mr. Maples stated that this was the second of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W. Hood,to Chas. E. Hood,dated November 27, 1940, and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. An overhead was provided . Mr.Maples stated that in an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits 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 explained 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 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. The first of the two(2)public hearings was held last evening, August 9 and the second this evening, August 10, 1999. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. The statements by Mr. Maples on Item No. 1 are applicable to Items 1-6. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to 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 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, Collin County,Texas,and being all of that certain tract of land conveyed to Jeffrey L.Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County,Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that this was the second of two Public Hearings for the Annexation of 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY, ABSTRACT NO. 835, Collin County, Texas, and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife,Maria T.Whitcraft as recorded in File No. 93-0088426,Deed Records,Collin County,Texas. An overhead of said tract of land was provided. It was noted that this property was located adjacent to the North Texas Landfill. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their remarks to three minutes. With no response,the Mayor then closed the Public Hearing. 3. Hold the second of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No.660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck,et ux,to RS.Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that this was the second of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County, Texas, a part of the Richard D. Newman Survey,Abstract No. 660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R.Beck,et ux,to R.S. Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. An overhead of said tract of land was provided. Wylie City Council Minutes August 10,1999 Page 2 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to 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 1.089 Acres of land and being situated in Collin County,Texas,in the I.& G.N.Railroad Company Survey,Abstract No. 1059, and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties, Inc. to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61, of the Collin County Deed Records,Collin County,Texas. Mr.Maples addressed this item. Mr. Maples made a correction to the total acreage reflected. Annexation is for 2.911 acres of land rather than 1.089 acres. Mr. Maples stated that this was the second of two Public Hearings for the Annexation of 1.089 Acres of land and being situated in Collin County,Texas,in the I.& G.N. Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties, Inc. to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61,of the Collin County Deed Records, Collin County, Texas. An overhead of said tract of land was provided. Mr. Maples noted that this area was what remained from the last annexation process in December of 1998. The Mayor stated that the surrounding parcels were annexed in December of 1998 and Council agreed to provide sewer within 12 months. The Mayor stated that sewer provision is on schedule and should be complete by the first of October, according to City Engineer,Chris Holsted. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their remarks to three minutes. With no response,the Mayor then closed the Public Hearing. 5. Hold the second of two Public Hearings for the Annexation of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No. 716, and also being out of the L..Marshall Survey,Abstract No.594,Collin County,Texas. Mr. Maples addressed this item. Mr. Maples stated that this was the second two Public Hearings for the Annexation of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey, Abstract No. 716, and also being out of the L..Marshall Survey, Abstract No. 594, Collin County,Texas. An overhead of said tract of land was provided. The Mayor stated that the city was in receipt of correspondence from the Mayor of Parker requesting that the City of Parker continue to serve water to the annexed area,should it be annexed into the City of Wylie. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their remarks to three minutes. Ralph James,6918 Dove Creek-Parcel 177 Representing Dove Creek Homeowners Association Mr. James spoke in opposition to the annexations. Mr. James indicated that he represented the Dove Creek Homeowners and provided a handout from the Homeowners Association which included a letter and signatures from property owners opposed to the annexation. Mr. James identified his 38 acre tract as Parcel 177 on the map. Wylie City Council Minutes August 10,1999 Page 3 Mr. James stated that he understands the city's goal with regard to the annexations was to manage growth, however,all of the lots in the subdivision have been sold and he has no intention of selling his property. He stated that they do have deed restrictions and a Homeowners Association which results in a well managed area. He stated that he is satisfied with the Fire,Police and refuse service he currently is provided. He currently utilizes a septic tank and questioned Council as to how long it would be before the City would provide sewer service. He stated that his water is currently provided by the City of Parker and he is satisfied with this service. He asked for a time frame should the City take over providing water service. He advised Council that his road is a private road that is currently maintained with home owners dues and inquired as to city maintenance if annexed. Mr. James concluded that all home owners present were opposed to the annexation and supportive of what has been stated. They do not feel that control by the city is necessary because they are developed and asked that Council consider not annexing. Councilman Scott asked what the homeowners dues were used for. Mr. James stated that the dues were used only for road maintenance. Mike Whitcomb,4420 Whitcomb Way-Parcels 153, 154 and 155 Representing the Taylor Lane Homeowners Association Mr. Whitcomb spoke in opposition of the annexations. Mr. Whitcomb provided Council with an handout that included annexation concerns and the signatures of property owners in opposition of the annexation. Mr. Whitcomb applauded the desire of the city of Wylie to manage growth. He stated that he feels that the Homeowners Association has done a good job in managing growth. Mr. Whitcomb stated that they do have deed restrictions filed with the County in 1985 and detailed some specifics. Mr. Whitcomb stated that with regard to growth,they feel that their subdivision is built out,with the exception of five lots,one owned by the city of Parker and two are unbuildable. He stated that only two are suitable for building. Mr. Whitcomb stated that the services currently received from the Wylie Fire Department are excellent and that the services provided by the Sheriff,city of Parker water and private refuse service is good. He stated that heavy truck use causes severe damage to their road that is maintained by the Homeowners dues. He expressed concerns regarding continued maintenance should the city decide to annex. He concluded by stating that they feel their growth is managed well and that the city cannot provide services that will enhance their quality of life and that all Taylor Lane homeowners are opposed to the annexation and respectfully request that the city not approve annexation. Councilman Scott also asked Mr. Whitcomb what the homeowners dues were used for. Mr. Whitcomb stated that they were used solely for road maintenance and that they pay$120 per lot annually. Mr.Dawn Henry,4403 Parker Road-Parcel 161 Ms.Henry spoke in opposition of the annexation. She stated that they currently lease their property and it is used to raise livestock. She stated that they purchased this property in 1984 with deed restrictions, giving some specifics. She stated that they have made a living for 10 and one half years and enjoy the quality of life operating the land as a farm. She stated that she currently enjoys the services provided and has concerns regarding sewer services should the city annex. She thanked Council for taking the time to listen and asked that Council not annex their property at this time. Mr.Kurt Strange,7900 Parker Road-Parcel 171 Mr. Strange spoke in opposition to the annexation. He stated that he operates his business in compliance with all TNRCC regulations and makes improvements to enhance his property and keep clean. He stated that his refuse service charges a reasonable fee compared to what BFI may charge. Wylie City Council Minutes August 10,1999 Page 4 The Mayor stated that the intent of the Council is to protect the entryways to the city due to heavy criticism from the community. He stated that the F.M. 544 entryway is not attractive and it is their intent to control metal buildings and landscaping requirements and that this is the primary purpose of looking at these properties. He further stated that in November and December of 1998 several parcels were under consideration for annexation and though some properties were annexed, approximately 60% were not, therefore the property under consideration by Council is for consideration only and may not necessarily be annexed at this time. He concluded that commitment by the City has been fulfilled with regard to the Parker Road residents who were annexed in December of 1998 and that this Council will live up to its promises. Ms.Sharon K Benner,7960 Parker Road-Parcel 174 Ms.Benner spoke in opposition to the annexation. She read from specific sections of the city charter and service plan. She expressed her concerns regarding the service plan and asked when it was developed. Mr. Maples responded that it was developed prior to July 28, 1999. Ms. Benner read from Section C of the Service Plan, specifically Item No.2. She inquired as to whether there was sufficient city staff to inspect each home annexed. Mr. Collins and Mr. Maples explained that this references only new construction, unless code violations are evident in existing structures; code enforcement officers can enforce local ordinances and violations cited. Ms. Benner read from Section G of the Service Plan, specifically Item No. 1. City Manager Mike Collins addressed her concerns by stating that State Law allow a municipality to accept and maintain at the current level. Ms. Benner read from Item No. 4 of the same section with regard to street lighting. Mr. Collins addressed her concerns by stating that the Health and Safety Code allows,if it deems a health safety risk, authorizes the city to acquire easements to install lighting. Ms. Benner read from Section H, with regard to water service. She inquired as to what the connect charges would be. Mr. Collins explained that within the Wylie city limits we are serviced by three different water supply corporation whose boundaries are defined through Certificates of Need and Necessity. Mr. Collins explained that Council would have to determine whether the existing water system meets city specification; if it does that entity could continue to provide water. Ms. Benner read from Section I with regard to Sanitary Sewer provisions. Ms. Benner interpretation of the State Law is that land owners cannot be forced to pay for capital improvements unless agreed to by the land owner. Mr. Collins addressed her concerns by stating that the intent of this section is tell municipalities that there is opportunity to annex with septic system in place and accept operations. He continued that a separate section states that in the future if sewer was extended to 500 feet or less,the property owner is required to tie into the sewer system. There was some concern by Ms. Benner as to the interpretation of where the tie in would begin and the cost to fund the tie in. She was advised that the city has the option to work with property owners to extend sewer service,however the Mayor stated that they were not prepared to discuss this issue and that he had no authority to assure that the city would assist in this situation,but could stated that the possibility existed that she would have to fund sewer tie in. Sarah Benner,7960 Parker Road-Parcel 174 Ms.Benner had several questions that were addressed by the Mayor and City Manager. She asked whether the city had a plan to develop the entryways. The Mayor responded by stating that the city could not have an actual plan until the area had been annexed into the city. He added that once annexed,these areas the city would employ current codes for new building construction. Mr. Benner asked what those codes were. The Mayor and City Manager explained that the Codes were several books that define landscaping, screening,masonry requirements, roofing, parking, fire codes, electricity and plumbing requirements. He added that these codes would be applicable to new building construction or change in existing use. Councilman Swartz stated that years ago a rendering plant was operating within the city limits that contributed to odor and water contamination problems. He stated that it took several years before the business was closed and removed from the area. He stated that it is the desire of Council to protect and manage property that could be sold and developed unfavorably and that taxes collected will not impact the city, but certain types of development could. Wylie City Council Minutes August 10,1999 Page 5 Ms. Benner asked whether the city had enough staff to provide services. The Mayor addressed this by stating that if you asked city staff,they would say,no,they need more staff to provide better services. He reminded Ms. Benner of Mr.Whitcomb's remarks commending the Wylie Fire Department for their service and the proximity of Fire Station No.2 to their property. The Mayor stated that though the Station is not currently staffed full time, they are in the Budget process for the next fiscal year and budget and staffing concerns have not been determined. Ms.Benner asked about the fire response time. The City Manager responded that response time is approximately 10-12 minutes. He added that a current interlocal agreement with the County allows the City to be reimbursed $45 per fire call; actual costs for the Wylie Fire Department to respond can range from $800 to $1,200. He concluded by stating that mutual aid can involve many surrounding cities and is applicable to both fire and police protection. Mr.Matt Butschek, 1755 FM 1378-Parcels 128 & 129 Mrs.Katherine Butschek Ms. Butschek spoke in opposition to the annexation of her property. She restated the comments and concerns from last evening public hearing and gave a brief description of the surrounding property and potential for development. She feels that the city cannot offer anything in return for their tax dollars. She stated that the taxes collected may not make or break the city budget,but it is still money out of their pockets that they could use on property improvements. She stated that she does not want the City to rush through the annexation process just to meet a deadline. Mr. Butschek spoke in opposition to the annexation of his property. He stated that all property owners are opposed to the annexation. He feels that this annexation is something that the city cannot afford to handle at this time and that September 1, 1999 is driving the annexation. He stated that before the City makes a decision to annex they should be able to provide services and that this process is premature. He stated that the property owners feel that the City should wait and take their time. He stated that SB89 is the voice of the people and the City needs to accept this,however,should the City decide to annex,they need to be prepared to provide services within a proper amount of time. He added that property owners are working with the City to protect their property. Mrs.Butschek asked with regard to sewer,if costs could be pro-rated,to which the Mayor responded that the possibility exists. Mr Bill Hallis,7940 E Parker Road,Parcels 172 & 173 Mr.Hallis stated that he did have opportunity to visit with the Mayor and Council after last evenings meeting and would like to continue discussions in more detail. Mr.John Benner,7960 E Parker Road-Parcel 174 Mr.Benner spoke in opposition to the annexation of Parcel 174. Mr. Benner stated that he was taught that the Government is for the people by the people and that he feels that his rights have been taken away with the annexation of property. He asked that Council not annex his property, as he can see no benefits. With no further response,the Mayor then closed the Public Hearing. 6. Hold the second of two Public Hearings for the Annexation of approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey, Abstract 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. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their remarks to three minutes. With no response,the Mayor then closed the Public Hearing. Wylie City Council Minutes August 10,1999 Page 6 Consideration of a Resolution 7. Consider and act upon a Resolution supporting Rail Watch and its efforts to educate the public about railroad safety. City Manager, Mike Collins addressed this item. Mr. Collins stated that the Resolution before Council is to support Rail Watch's efforts to educate the public about railroad safety. Mr. Collins stated that the original sample that had been provided to staff contained language that they felt needed to be amended. The language allowed Rail Watch to use the City of Wylie name in support of specific issues without first confirming support from the City of Wylie. City staff did wish to recommend support of educating the public on rail safety. Council members Scott,Worley,and Young expressed a concern with regard to our agreement with Kansas City Southern(KCS) and inquired as to whether KCS was aware of Council's consideration of this resolution. City Manager Mike Collins stated that they were not. Council agreed that they were in support and would as an entity promote rail safety,however,they were hesitant to consider approval of the Resolution if it could cause problems with the agreement between the City of Wylie and KCS. Councilman Scott made a motion to deny,but with instruction to staff to reconsider at the first regular meeting in January of the year 2000. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Tax Rate 8. Consider and act upon accepting the proposed Ad Valorem Tax Rate and calculation of an effective Tax Rate for Fiscal Year 1999-2000. Mr. Brady Snellgrove, Finance Director, addressed this item. Mr. Snellgrove explained that when a proposed rate will raise more revenue than the preceding year,a public hearing must be scheduled. A vote must be taken and the results published in the Wylie News in a notice entitled"Notice of Public Hearing on Tax Increase. Mr. Snellgrove explained that in accordance with the"Truth in Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate will raise more revenue(tax levy) than the preceding year. Therefore,the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the first scheduled public hearing on August 31st. He stated that the purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase and that the Council may not adopt the tax rate at this hearing; instead, at the end of the hearing, it must set and announce the date,time,and place of the meeting at which it will vote on the final proposed tax rate. Mr. Snellgrove stated that the second public hearing is scheduled for September 14th to vote on the tax rate. It is required that this hearing must take place no less than three(3)days and no more than fourteen(14)days after the first public hearing. Mr. Snellgrove stated that the proposed budget is based on the proposed tax rate of$0.70 per$100 valuation., and is within the rate previously discussed by Council. He stated that any change in the proposed rate will require revision of the proposed budget. Councilman Scott made a motion to accept the proposed Ad Valorem Tax Rate and calculation of an effective Tax Rate for Fiscal Year 1999-2000. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,6-1. Councilman Trout voted in opposition. Wylie City Council Minutes August 10,1999 Page 7 Agreement 9. Consider and act upon approval of an Agreement between the City of Wylie and the Kansas City Southern regarding the relocation of sewer lines. City Manager,Mike Collins addressed this issue. MR. Collins stated that in January of 1999 the City of Wylie and KCS entered into an agreement which called for the removal of a portion of the KCS track along S.H. 78 and for the construction of a new track connection through the City's Service Center Annex property. In order to construct this connection,it will be necessary to relocate the sewer lines on this property. Mr. Collins referred to the proposed agreement by KCS. The fmancial agreement sets out that KCS will pay to the City the lesser of $100,000 or 29%of the total cost of the replacement and relocation of the sewer line at closing. Councilman Swartz made a motion to approve the agreement between the City of Wylie and the Kansas City Southern regarding the relocation of sewer lines. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. Citizens Participation The Mayor then recognized and allowed individuals who missed the opportunity to speak earlier to come forward and address Council. Mr.Sanchez,Wylie Ranch Estates Mr. Sanchez expressed is concerns regarding the sewer and drainage work recently completed in the Wylie Ranch Estates subdivision. He stated that after recent rain his drainage problems appears to be worse than before. He stated that the assessment fee is due,however,he feels that the drainage issue was not properly addressed. City Manager Mike Collins explained that during the 2-3 month process a series of meetings were conducted with the property owners and city staff to address sewer and drainage issues. Mr. Collins stated that with regard to drainage issues,they would only improve but not solve the problems. He stated that each property owner's cost would have been specific; therefore, it was decided to divide equally the cost to improve and spread cost. Mr. Collins stated that they would look at his situation and determine a remedy. Mr.Chris Hoisted,City Engineer, advised that minor improvements could be made to the property at Council's direction. Mr. Hoisted agreed to meet with Mr. Sanchez the following morning to discuss a remedy to his situation. Mr.James Russell,929 Heatherwood Mr. Russell expressed his concerns for the lack of code enforcement with regard to high grass and weeds on property currently under construction by D.R. Horton and Lexington Homes. He stated that he has made numerous calls to city staff with no response. Mr.Tobin Maples,Planning Director stated that the enforcement of city codes has been for voluntary compliance and by not issuing building permits until compliance is obtained. The Mayor and Council instructed Mr. Maples to issue citations in order to address code violations. 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 551.072,Deliberation Regarding Real Property. Wylie City Council Minutes August 10,1999 Page 8 Reconvene into Open Meeting There was no action taken as a result of the Executive Session. Adjournment. With no further business to come before Council the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas, City Secretary Wylie City Council Minutes August 10,1999 Page 9 WYLIE CITY COUNCIL AGENDA ITEM NO. I . August 24, 1999 Issue: Consider and Act,Upon a Preliminary Plat for the Newport Manor Addition, proposed by Douphrate&Associates,Inc.for Cascade Companies,LLC., generally located along the east side of FM 1378 north of the Newport Harbor subdivision, and being all of a certain 12 acre tract situated in the James McUlmurry Survey,Abstract No.629,City of Wylie, Collin'County, Texas. Background: The preliminary plat under consideration is for the proposed Newport Manor Addition. The applicant is preliminary platting 12 acres of land in order to develop the property with multi-family uses. The property is currently vacant, unplatted, and zoned for MF (Multi-Family) uses. 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. As a result, this plat must be approved as it complies with applicable state and city codes. • The applicant is aware that the property may be encompassed by the Wylie Northeast Water Supply Corporation and that it is their(applicant's) responsibility to secure water service for the project. If it is the applicant's desire to have the City of Wylie provide water service, documentation from The Wylie Northeast Water Supply Corporation needs to be obtained by the applicant authorizing the City of Wylie to provide said service. • The preliminary utility plans indicate that the City of Wylie will be providing water service. The applicant is aware that all applicable documentation previously referenced needs to be obtained and submitted to the City of Wylie at the time application is made for approval of a final plat. Specifically, the applicant is aware that final water and sewer connections must be approved by the Consulting Engineer. • The applicant is aware that Planning and Zoning Commission approval of a site plan shall be required prior to the issuance of any building permits. Financial Considerations: Preliminary plat application fee in the amount of$185.00 -Paid Commission Recommendation: At the August 3, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to recommend approval of this case. Staff Recommendation: Approval. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Preliminary Plat Application Preliminary Plat Coe-04A.6- Prepared Revi ed by Fina e City Manager Approval Page 1 of 3 City of Wylie (1/95) RED JUN 9 1999 • APPLICATION AND PRELIMINARY PLAT CHECKLIST • Date June 9, 1999 Name of Proposed Development Newport Manor Addition Name of Property Owner/Developer Cascade Companies, LLC Address 5949 Sherry Ln.,#1225, Dallas,Texas 75225 Phone 214-739-2733 Same as Above • Owner of Record Address Phone Name of Land Planner Douphrate & Associates, Inc. Surveyor/Engineer Address 2231 Ridge Rd.,#200, Rockwall, Texas 75087 Phone 972-771-9004 Total Acreage 12 Current zoning MF 1 Number of Lots/Units Signed �r -- W.L. Douphrate II, P.E. The Preliminary Plat shall be drawn legibly In ink on a Mylar sheet not exceeding 24"x uel6M. showing hall pll data on a scale not to exceed 1" = 100'with a graphic scale provided. Three sets of prints be.submitted along with a copy of the boundary traverse calculations of the subdivision. prepared ron • using AutoCad or other computer aided design techniques shall also provide a copy of all drawings diskette to the City. The following Preliminary Plat Checklist is used to check compliance wth the for tho Wylie $ divenos Regulations. The following checklist is Intended only as a reminder andguide Provided or Not Shown on Plat Applicable 1. The boundary line (accurate in scale and orientation) of the tract to be subdivided. WYLIE CITY COUNCIL AGENDA ITEM NO. 01- . August 24, 1999 Issue: Consider and Act Upon an Ordinance Disannexing all of a certain 88.965 Acre tract situated in the Maria Ignacio Giminez Survey, Abstract No. 338, Collin County, Texas. Background: Clear Lake Park is located on the Branch Peninsula (approximately 20-30 minute drive from the City of Wylie)and is managed by the U.S. Army Corp. of Engineers. The issue of De-annexing Clear Lake Park was brought forward by the Police Department because of public safety concerns. The primary concern is that when the Police Department responds to calls for service at Clear Lake Park it sometimes leaves little or no police presence in the rest of the City. Furthermore, it takes officers 25 minutes to respond should an emergency police call in Wylie be dispatched while they are at Clear Lake Park. Several times during the Summer of 1998, all of the available on-duty officers responded to a disturbance call at Clear Lake Park and while they were there, a call requiring a quick response occurred in the City of Wylie. On both occasions, we were very fortunate that the results were not disastrous, but it could have very easily turned out badly. Longer tenured officers have expressed this issue as a long standing concern and problem. The primary concern being that if all officers are at Clear Lake Park and a major incident occurs help is 25 minutes away, but also if there is one officer left in town, backup is 25 minutes away. Financial Considerations: When the park is open, there is some revenue generated from citations for violations such as minor in possession of alcohol. The Police Chief views this as a non-issue as there is no shortage of violations that can be cited elsewhere. The time spent driving 25 minutes to Clear Lake Park, issuing a citation, and driving 25 minutes back to the City can be better utilized elsewhere. Other Considerations: • Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. • The disannexation of this property does not effect the City's Extraterritorial Jurisdiction (ETJ). Commission Recommendation: Not applicable Staff Recommendation: The Police and Development Services Departments recommend Disannexing all of a certain 88.965 Acre tract situated in the Maria Ignacio Giminez Survey, Abstract No. 338, Collin County, Texas. Attachments: Property Survey Disannexation Ordinance cgovi0 repar d by Revie by Finance City Manager Approval CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE DISANNEXING ALL OF A CERTAIN 88.965 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE MARIA IGNACIO GIMINEZ SURVEY, ABSTRACT NO. 338, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43, 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 disannex the below-described property(the "Property"); and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being disannexed; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for disannexation 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 in "Exhibit A" and all public streets, roadways and alleyways located within is hereby disannexed from the City of Wylie: SECTION 2: That the official map and boundaries of Wylie are hereby amended to exclude 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 3: Any person, firm or corporation who violates any provision of this Ordinance 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 4: Should any part or portion of this Ordinance, or the use created herein 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 5: 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 6: 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 1999. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News FIELD NOTES STATE OF TEXAS§ COUNTY OF COLLIN§ Being a tract of land situated in the MARIA IGNACIO GIM!NEZ SURVEY, Abstract No. 338, Collin County, Texas and being part of Clear Lake Cove Subdivision, Collin county, Texas and being more particularly described as follows: BEGINNING at government monument no. 3921-1 found for comer, said monument being a northeasterly corner of Clearlake Point Estates Addition, Collin County,Texas; THENCE South 87 deg. 58 min. 56 sec. East along a west line of said Clear lake Cove Subdivision and along an east line of said Clearlake Point Estates a distance of 79.41 feet to government monument no. 3921-2 found for corner and P.C. of a curve to the left, said curve having a central angle of 55 deg. 17 min. 04 sec., a radius of 240.94 feet, a tangent distance of 126.19 feet and a chord which bears N 64 deg. 23 min. 39 sec. E a distance of 223.57 feet; THENCE along said curve to the left and along said west line of Clear Lake Cove Subdivision an arc distance of 232.48 feet to government monument no. 3921-3 found for corner; THENCE North 36 deg.45 min. 07 sec. East along a west line of said Clear Lake Cove Subdivision and along an east line of said Clear Lake Point Estates a distance of 144.17 feet to government monument no. 3921-4 found for corner and P.C. of a curve to the left said curve having a central angle of 37 deg. 44 min. 02 sec., a radius of 347.43 feet, a tangent distance of 41.46 feet and a chord which bears N 17 deg. 53 min.06 sec. E a distance of 224.70 feet; THENCE along said curve to the left an arc distance of 228.81 feet to government monument no. 3908-1 found for corner and P.C. of a curve to the right, said curve having a central angle of 24 deg. 00 min. 05 sec., a radius of 115.17 feet, a tangent distance of 24.01 feet and a chord which bears N 12 deg. 57 min.20 sec.W a distance of 47.89 feet; THENCE along said curve to the right and along said west line of Clear Lake Cove Subdivision an arc distance of 48.25 feet to government monument no. 3908-2 found for corner; THENCE North 00 deg. 57 min. 18 sec. West along a west line of said Clear Lake Cove Subdivision and along an east line of said Clearlake Point Estates a distance of 68.75 feet to government monument no. 3908-3 found for comer, THENCE North 00 deg. 57 min. 18 sec. West along a west line of said Clear Lake Cove Subdivision and along an east line of said Clearlake Point Estates a distance of 140.39 feet to government monument no. 3908-4 found for corner; THENCE North 00 deg. 57 min. 18 sec. West along a west line of said Clear Lake Cove Subdivision a distance of 13.37 feet to point for corner, THENCE along the normal pool level line of Lavon Reservior the following calls and distances: Course: N42-45-33 E Distance: 350.31 Course: N 71-46-05 E Distance:469.01 Course: S 09-15-21 E Distance: 47.12 Course: S 40-59-33 E Distance: 12.83 Course: S 73-31-43 E Distance:46.19 Course: S 11-45-04 E Distance: 83.58 Course: S 15-19-46 W Distance: 62.82 Course: S 13-21-48 W Distance: 76.99 Course: S 29-19-15 E Distance: 48.50 Course: S 43-38-29 W Distance: 85.25 Course: S 47-51-17 W Distance: 74.66 Course: S 63-54-24W Distance: 7.71 Course: N 90-00-00W Distance: 8.52 Course: N 78-19-44 W Distance: 13.28 Course: N 73-52-48 W Distance: 35.48 Course: S 84-29-50 W Distance: 20.87 Course: S 59-10-58 W Distance: 14.44 Course: S 46-35-38 W Distance: 11.73 Course: S 22-04-46 W Distance: 18.41 Course: S 12-37-02 E Distance: 34.02 Course: S 18-28-49 E Distance: 143.66 Course: S 21-47-50 w Distance: 79.03 Course: S 55-40-47 W Distance: 88.39 • Course: S 31-06-33 W Distance: 66.28 Course: S 37-07-33 W Distance: 70.92 Course: S 00-32-00 E Distance: 48.35 Course: S 06-28-05 E Distance: 54.41 Course: S 38-17-58 E Distance: 72.14 Course: S 51-42-41 E Distance:43.57 Course: N 78-23-20 E Distance: 124.53 Course: S 89-34-04 E Distance: 176.29 Course: S 84-22-20 E Distance: 177.35 Course: S 27-40-24 E Distance: 146.83 Course: S 40-53-37 E Distance:47.54 Course: S 50-06-55 W Distance: 8621 Course: S 71-05-33 W Distance: 202.51 Course: S 44-32-50 W Distance: 99.90 Course: S 56-33-38 W Distance: 117.01 Course: N 87-48-46 W Distance: 120.32 Course: N 82-13-06 W Distance: 137.95 ° Course: N 65-03-14 W Distance: 115.70 Course: S 80-14-52 W Distance: 53.39 Course: S 40-00-36 E Distance: 319.12 Course: S 35-42-01 E Distance: 391.37 Course: S 69-36-13 E Distance: 161.29 Course: N 63-51-43 E Distance: 30.62 Course: S 74-02-01 E Distance: 92.58 Course: N 73-16-40 E Distance: 137.80 Course: S 79-01-22 E Distance: 130.27 Course: S 26-39-50 E Distance: 83.74 Course: S 59-24-36 E Distance: 60.17 Course: S 04-37-17 E Distance: 79.07 Course: S 04-55-49 W Distance: 115.57 Course: S 55-29-06 W Distance: 97.89 Course: S 45-21-54 W Distance:40.10 Course: S 38-33-58 W Distance: 44.57 Course: S 01-56-46 W Distance: 42.82 Course: S 69-54-05 W Distance: 206.91 Course: N 89-06-18 W Distance: 98.75 Course: N 69-11-52 W Distance: 36.39 Course: S 73-50-12 W Distance: 204.17 Course: N 86-21-40 W Distance: 109.67 Course:N 79-15-57 W Distance: 162.06 Course: S 89-02-19 W Distance: 239.88 Course: S 27-56-07 W Distance: 116.16 Course: S 18-47-12 E Distance: 112.65 Course: S 64-00-24 E Distance: 192.84 Course: S 75-16-44 E Distance: 237.57 Course: S 68-42-35 E Distance: 229.65 Course: S 70-42-22 E Distance: 50.65 Course: S 70-26-33 E Distance: 85.05 Course: S 05-15-51 W Distance: 226.04 Course: S 69-18-47 W Distance: 307.37 Course: S 67-21-29 W Distance: 246.31 Course: S 58-24-49 W Distance: 284.87 Course: S 46-27-19 W Distance: 358.80 Course: N 76-26-33 W Distance: 98.97 Course: N 36-11-11 W Distance: 282.35 Course: N 27-09-33 W Distance: 93.39 Course: N 10-21-57 W Distance: 186.75 Course: N 30-47-35 W Distance: 92.11 Course: N 63-01-42 W Distance: 66.79 ' Course: N 07-17-43 E Distance:49.37 Course: N 50-27-49 W Distance: 54.28 Course: N 35-39-10 E Distance: 35.76 Course: N 26-58-13 W Distance: 49.72 Course: N 30-37-41 W Distance: 176.51 Course: N 53-34-02 W Distance: 178.22 Course: N 14-56-34 E Distance: 616.96 THENCE South 75 deg. 48 min. 53 sec. East along a west line of said Clear Lake Cove Subdivision a distance of 351.74 feet to a government monument No. 3911-2 found for corner; THENCE North 01 deg.45 min. 29 sec East along a west line of said Clear Lake Cove Subdivision a distance of 459.32 feet to point for corner; THENCE North 87 deg. 51 min. 31 sec. West along a west line of said Clear Lake Cove Subdivision a distance of 29.95 feet to point for corner, THENCE North 02 deg. 01 min. 50 sec. East along a west line of said Clear Lake Cove Subdivision a distance of 767.67 feet to the POINT OF BEGINNING and containing 88.965 acre of land more or less.(3,875,295 sq. ft.); i • WYLIE CITY COUNCIL AGENDA ITEM NO. 3 August 24, 1999 Issue Consider and act upon applying for a Telecommunications Infrastructure Fund (TIF) Grant to create a multipurpose and community based network. Background The two TIF constituents, the Wylie Independent School District (WISD) and the City of Wylie, will engage in a partnership to pursue the grant. Other community partners will be invited to join the TIF constituents in the process. The purpose of the grant is to benefit the community with a multipurpose network. The City of Wylie will be the applicant entity for the grant. Ms. Mignon Morse, Library Director, will be appointed as the Authorized Official to administer the grant for the City of Wylie and Mr. Brady Snellgrove,Finance Director, will be the Chief Financial Officer for the City's portion of project funds. The City of Wylie and the WISD are working together to link the two entities with fiber optics. (Funds for the fiber optics installation project may be provided as a no-interest loan from Texas Utilities. The City and WISD are in the process of negotiating with TXU for the loan.) However, equipment is needed for the City of Wylie and the WISD to fully utilize the benefits of fiber optics. TIF has a competitive grant available for community networking. The purpose of the initiative is to allow TIF constituencies to involve a broad range of community residents and organizations in a multi- purpose and community-based network. A competitive grant process consisting of two funding phases will accomplish this purpose. Priority will be given to communities that do not have a Community Network. Successful applicants will receive up to $20,000 in planning funds over a four-month period to develop a comprehensive Community Networking Plan. Applicants will submit to the TIF board the Community Networking Plan developed in the planning process. These plans will be reviewed on a competitive basis. Successful plans will receive up to $500,000 over a twenty-four month period to implement the Community Networking Plan. Please refer to the attachment for grant timelines. Financial Consideration There are two phases to the grant. The first phase is the planning grant that will not exceed $20,000. The $20,000 will be used to hire a consultant to do the planning phase. Matching funds ($1,000 from each entity) are required for the phase one grant. If the phase one grant is awarded, the City and WISD will apply for the second phase of the grant. The second phase is the Implementation grant that will not exceed $500,000. Matching funds (10%) are required for the phase two grant. A committee will be formed to plan and develop the Community network. Representatives from the City of Wylie and the WISD will serve on the committee. Other partners in the community will be invited to join the committee. Other Consideration If grant funds are awarded, an interlocal agreement will be written to establish guidelines for equipment use, maintenance, and upgrades. Board/Commission Recommendation N/A Staff Recommendation Staff recommends submitting a letter of intent to apply for the Telecommunications Infrastructure Fund grant. Attachments Grant timelines r ),\a‘symt4/ WI:JAL e-662/1)° Prepared by Revie by finance City Manager Approval GRANT APPLICATION TIMELINE DATE ACTIVITY September 1, 1999 Letter of Intent due October 1, 1999 Planning Grant Application Due January 1, 2000 Planning Phase Begins April 16, 2000 Planning Phase Ends June 15, 1999 Implementation Grants Awarded July 1, 2000 Implementation Grant Phase Begins June 30, 2002 Implementation Grant Phase Ends • FILE No. 258 10/29 '97 16:21 ID:TIPTON ENGNEERING 972 226 1946 PAGE .2 rx4 • 7 LAKESIDE ESTATES WYLIE, TEXAS PROPOSED LAND USE DATA LOW DENSITY RESIDENTIAL PLANNED DEVELOPMENT LAKESIDE ESTATES RESIDENTIAL PROPOSED ZONING: TRACT ACRE ZONING NO, OF UNITS DENSITY S.F. A 133.90 Single Family 656 4.90 (4.47 acres open space and 6.5 acres community park) B 94.10Single Family 330 3.50 (10.3 acres open space and 3.00 acres community center) TOTAL ACRES: 228.102 986 4.30 I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS FOR TRACT A 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 6,000 SF. 2. FRONT YARDS Minimum front yard building line 20' (Twenty Feet). • FILE No. 258 10/29 '97 16:22 ID:TIPTON ENGNEERING 972 226 1946 PAGE 3 3. REAR YARDS There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with a minimum of 20' (Twenty Feet) for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). 5. MINIMUM LOT WIDTH There shall be a minimum lot width of 50' (Fifty Feet) measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety Feet) at Cul-de-Sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. 8. BEIGHT REGULATIONS No building shall exceed 35' (Thirty Five Feet) or two an one-half(2-1/2) stories in height. 9. MINIMUM DWELLING SIZE Minimum dwelling size shall be 1,400 (One Thousand Foud Hundred Feet) . 10. LOT COVERAGE In no case shall more than 60% (Sixty Percent) of the total lot area he covered by the combined area of the main buildings and accessory buildings. FILE No. 258 10/29 '97 16:22 ID:TIPTON ENGNEERING 972 226 1946 PAGE 4 11. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75% (Seventy Five Percent) brick, tiles, cement, concrete, stone or similar materials. IL SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS FOR TRACT B 1. PURPOSE This district is intended for low density residential uses. Planning techniques will involve traditional single family detached, residential designs with a minimum lot size of 7,200 SF. 2. FRONT YARDS Minimum front yard building line 25' (Twenty-five Feet). 3. REAR YARDS There shall be a rear yard having a depth being not less than 20' (Twenty Feet) with a minimum of 20' (Twenty Feet) for garage setbacks. 4. SIDE YARDS A side yard provided whereas a separation of 10' (Ten Feet) is always maintained between structures. A side yard adjacent to a side street shall not be less than 15' (Fifteen Feet), even when a side yard is across from a front yard, the side yard shall be 15' (Fifteen Feet). 5. MINIMUM LOT WIDTH There shall be a minimum lot width of 60' (Sixty Feet) measured at the front building line. 6. MINIMUM LOT DEPTH There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety Feet) at Cul-de-Sac. 7. USE REGULATIONS Single family detached units and accessory uses customarily incidental to the use. Churches and church related uses as permitted by specific use permit. FILE No. 258 10/29 '97 16:22 ID:TIPTON ENGNEERING 972 226 1946 PAGE 5 a, 8. HEIGHT REGULATIONS No building shall exceed 35' (Thirty Five Feet) or two an one-half(2-1/2) stories in height. 9. MINIMUM DWELLING SIZE Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet). 10. LOT COVERAGE In no case shall more than 60% (Sixty Percent) of the total lot area be covered by the combined area of the main buildings and accessory buildings. 11. BUILDING REGULATIONS All main buildings shall have exterior construction of a minimum of 75% (Seventy Pive Percent) brick, files, cement, concrete, stone or similar materials. III. DEVELOPMENT STANDARDS: 1.. Dedication of 24.27 acres of open space for a Linear Park System, Community Center, Community Park and landscape buffer adjacent to the existing railroad, to be maintained by the Master Homeowners Association. 2. Provisions for a divided entry into F.M. 544 to allow for additional access along with landscape identify features for the Master. Planned Subdivision. 3. Open space will include the extension of an 8' Hike and Bike Trail consistent with the City of Wylie's Master Planned Parks. 4. Provisions for the Master Thoroughfare Plan for the Collector Systems. 5. Provisions for Master Homeowners Association and Deed Restrictions