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05-25-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA CANVASS OF ELECTION RETURNS TUESDAY, MAY 25, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 LL T( ©R�rER, NVOCATIOl PLEDGE O ALLEGiA N l PROCLAMATI `&P SE 3TATI N ITL' ElNS PART`I IPAT ON 'RECEIVE OFFICIAL CANVASS OAF ELE ION RETURNS Ft R TIDE GENERt1►L ELEC`I'ION€ F • Consider and Act upon the approval of Resolution No. 2004-13 declaring the results of the Official Canvass of the General Election of May 15,2004. TSSUANCE,O ' ER T`IFICATE ' O ELE TED O NCTL M> MBERS AD I NISTRA IO N OF`OAT 3 OF OFFICE FOR,ELE ED COUNCIL 1 BERS LEC`TION OF 1 iAYOR PR TES CONS N' AGE1 A matters::listed::: nder.the: onset.A enda are.conside is: ro fe by`:t e: Cc�l :d will b en d b won is des hat it .m'w ll be' :..:.::.... . . e�>wrll::aaa�t►►tbiK;.se .�r��::dEseu���t�: ��.,::::::.:::.::.:;�.::<.::::::� .::>�:::::::;:;; :.;:::.;::.:::: ; ,>.r.:enx.0e:.: carom the Co ettt Ag da a td will be considered separately. A. Approval of Minutes from the Special Called Meeting on May 10, 2004 and the Regular Council Meeting on May 11, 2004. B. Consider and act upon a Final Plat for the Country Ridge Phase B Addition, being all of a certain 40.2655 acre tract of land, and being a portion of the tract of land conveyed to Shaddock Developers, Ltd. As described in a deed recorded in Volume 4977, Page 1142 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. C. Consider and act upon approval of Ordinance No. 2004-16 abandoning a 1.59 acre drainage easement generally located at the south east corner of Brown St. and Kreymer Lane. D. Consider and act upon approval of Resolution No. 2004-14 acknowledging the assistance of the Trust for Public Land in the acquisition of real property for the creation of parks and other public purposes. E. Consider and act upon approval of the Muddy Creek Wastewater Interceptor System Contract with the North Texas Municipal Water District(NTMWD) and Resolution No. 2004-15. INANC�..'1`1'1TLE`&•CAPTION> PP .O ED BY OU CIL AS REQUIRED BY V LIE etTrCI CK A:RTI+ LE<II pinert f1 340 : : Ordinance No. 2004-16 EXECUTIVE SESSION 551.071. Consultation with the City Attorney on a matter involving pending litigation in the case styled City of Wylie,Texas v.Larry Van Nelson and Polly IL Nelson in Cause No.003-313-04,in County Court At Law No. 3 in Collin County,Texas .XE UTIVE SESSION :::. §551.074 Personnel Matters; Closed Meeting • Deliberate the Appointment of the City Manager. WO SESSION • Joint work session with City Council and the Planning and Zoning Commission—revised land use plan/map ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. T lal,I eet{�ti,n,,�gs Act provides specific exceptions that require that a meeting be \'Jopen. Should Council elect to convene into Exe si � 1.�,exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive S;a� rdp,,,,v41l�ba a�t0'-ecorded in open session. I certify that this Notice of Meeting was pctitedifin tlealTaity o't Maw 2004 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas vernment:Codi an tj appi-o• prittte news media contacted. As a courtesy, this agenda is ta' also pos to the City of `e ebsite awv4L.Ci. .- • GD Q Car le Ehrlich,City cretary ',i�i�y E'T,1P`�`` Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. 6ig.n interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. RESOLUTION NO 2004-13(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 15, 2004; GENERAL ELECTION FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE WYLIE CITY COUNCIL, PLACES 1, AND 3 FOR A TERM OF THREE YEARS. WHEREAS, The Wylie City Council of the City of Wylie, Texas (City) held a General Election on May 15, 2004 for the purpose of electing two members of the Wylie City Council for a term of three years. WHEREAS, A Canvass of the General Election returns was conducted on May 25, 2004. WHEREAS,it was found that the persons herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: COUNCIL PLACE 1 Earl Newsom 744 Randal Shinn 483 COUNCIL PLACE 3 Eric Hogue 838 Joe Aurelio 361 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Earl Newsom is hereby declared to be elected Council Member Place 1. SECTION 2. Eric Hogue is hereby declared to be elected Council Member Place 3. SECTION 3. The Wylie City Council hereby finds and determines, as a result ofthe Canvass, held on May 25, 2004,that a combined Election Day and Early Vote total of 1377 votes were cast in the General Election, with 748 early voters, as indicated by the poll list for the General Election held on May 15, 2004. SECTION 4. It is hereby declared that the City of Wylie approves and accepts the results of the General Election for, Council Place 1 and 3 as set forth in the Order attached hereto as Exhibit A, as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 6. This Resolution will become effective after its passage by the Wylie City Council. PASSED AND APPROVED BY THE WYLIE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of May, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary SUMMARY OF PRECINCT RETURNS I, Mayor John Mondy, the presiding officer of the canvassing authority for the General Election, held on the 15th day of May, 2004, Collin County, Texas, do hereby certify that the following is a total of all votes received by each candidate for the General Election as shown by the precinct returns. I further certify that the following vote totals include early voting votes by precinct received under Section 87.1231 of the Texas Election Code GENERAL ELECTION EARLY VOTING & ELECTION DAY COMBINED Position Candidate Name 27, 33, 41, 56, 83, 133, 1A, 2601 153, 159 Total Place 1 Earl Newsom 620 124 744 Place 1 Randal Shinn 399 84 483 Place 3 Eric Hogue 706 132 838 Place 3 Joe Aurelio 275 86 361 COMBINED ELECTION DAY & EARLY VOTING BALLOTS CAST: 1377 PERCENTAGE OF REGISTERED VOTERS: 7.94% TOTAL NUMBER OF REGISTERED VOTERS: 17,338 Dated this 25th day of May, 2004 John Mondy, Presiding Officer of Canvassing Authority GENERAL ELECTION EARLY VOTING ONLY Precincts Precincts Position Candidate Name 27, 33, 41, 56, 83, 133, 1A, 2601 153, 159 Total Place 1 Earl Newsom 372 53 425 Randal Shinn ! 210 35 245 Place 3 Eric Hogue 420 56 476 Joe Aurelio 144 37 181 TOTAL NUMBER EARLY VOTES CAST: 748 PERCENTAGE OF REGISTERED VOTERS: 4.31% TOTAL NUMBER OF REGISTERED VOTERS: 17,338 WYLIE CITY COUNCIL AGENDA ITEM NO. B. May 25, 2004 Issue Consider and act upon a Final Plat for the Country Ridge Phase B Addition, being all of a certain 40.2655 acre tract of land, and being a portion of the tract of land conveyed to Shaddock Developers, Ltd. As described in a deed recorded in Volume 4977, Page 1142 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the William Patterson Survey, Abstract No.716,City of Wylie, Collin County, Texas. Background The Final Plat for the Country Ridge Addition Phase B is the second phase of the Country Ridge Addition, and includes 40.2655 acres and will create 132 single-family residential lots. The property is zoned Planned Development District (PD 2001-24) for Single-Family Residential Uses, approved by the City Council on May 22, 2001. The PD limits the overall development to a total 312 lots, requiring a minimum lot size of 8,500 square feet and a minimum house size of 2,000 square feet. A Preliminary Plat/Development Plan for the overall development was approved by the City Council on July 24, 2001. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the Concept Plan of the approved Planned Development District as well as to the approved Preliminary Plat/Development Plan. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. Fees in lieu of land will meet Parkland dedication requirements. Board/Commission Recommendations On May 4, 2004,the Planning and Zoning Commission voted 5-0 to recommend approval ofthe Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. C. May 25, 2004 Issue Consider and act upon approval of Ordinance No. 2004-16 abandoning a 1.59 acre drainage easement generally located at the south east corner of Brown St. and Kreymer Lane. Background A temporary drainage easement was acquired across the property owned by Farmers Electric Cooperative, Inc. and Tim and Tonya Kreymer for the Avalon subdivision. The drainage has since been rerouted to the north and the existing easement is no longer needed. Approval of Ordinance #2004-16 will formally abandon the easement. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of Ordinance#2004-16 abandoning the temporary drainage easement. Attachments Ordinance#2004-16 Drainage Easement Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-16 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ABANDONING A 1.59 ACRE, MORE OR LESS, DRAINAGE EASEMENT AS CONVEYED TO THE CITY OF WYLIE, TEXAS BY FARMERS ELECTRIC COOPERATIVE, INC., TIM R. KREYMER AND TONYA SUE KREYMER HARBOUR, AND RECORDED IN CLERK'S FILE NO.2003-0156317 OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR SAVINGS, REPEALING, AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Farmers Electric Cooperative, Inc., Tim R. Kreymer and Tonya Sue Kreymer Harbour granted a 1.59 acre, more or less, drainage easement to the City of Wylie, Texas ("City") recorded in Clerk's File No. 2003-0156317 of the Land Records of Collin County, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes (the"Easement"); and WHEREAS, the City Council of the City of Wylie, Texas desires to abandon the Easement since new drainage facilities have been constructed; and WHEREAS, the City Council finds it is in the best interest and for the purpose of benefiting the public generally to abandon the Easement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as it fully set forth herein. SECTION 2: Abandonment of Easement. Wylie hereby abandons the Easement recorded in Clerk's File No.2003-0156317 of the Land Records of Collin County, Texas and more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 3: Savings/Repealing Clauses. All provisions of any ordinances in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but as such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining provisions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Ordinance#2004-16 Consent Item C Attachment-Abandoning Easement Ordinance 2004-16.doc Page 1 SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25th day of May, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary Date of Publication in the ilylie Yews on June 2, 2004. Ordinance#2004-16 Consent Item C Attachment-Abandoning Easement Ordinance 2004-16.doc Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. D. May 25, 2004 Issue Consider and act upon approval of Resolution No. 2004-14 acknowledging the assistance of the Trust for Public Land in the acquisition of real property for the creation of parks and other public purposes. Background The City of Wylie Parks, Recreation and Open Space Master Plan recommends that the City of Wylie acquire additional acreage for parks and open space to meet the demands of a growing population. Staff has contacted representatives with the Trust for Public Land (TPL) to assist in the acquisition process. TPL facilitates the acquisition of significant open space resources by employing its expertise in negotiation, public finance, tax law, and community organization in complex real estate transactions. By working in a cooperative, problem-solving manner to design creative acquisition strategies for landowners and government agencies, TPL is often able to shape previously unforeseen public investment opportunities into public parks and open space. Other Considerations N/A Financial Consideration TPL can typically structure acquisitions that result in no out-of-pocket costs to the public entity for their services. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Resolution. Attachments Resolution No. 2004-14 Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-14 (R) A RESOLUTION OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS AUTHORIZING THE CITY OF WYLIE TO ACQUIRE A PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF WYLIE WITH THE ASSISTANCE OF THE TRUST FOR PUBLIC LAND,FOR USE AS OPEN SPACE AND THE CREATION OF A PARK AND OTHER PUBLIC PURPOSES WHEREAS,the City of Wylie desires to acquire a parcel of real property(the"Property")located in the City of Wylie, County of Collin, State of Texas for use as open space and the creation of a park and other public purposes; and WHEREAS, The Trust for Public Land is a national non-profit organization that as an independent third party works with landowners to purchase their land with the intent that it be preserved and used for conservation and public purposes. NOW THEREFORE,BE IT RESOLVED,that the City of Wylie requests that the Trust for Public Land assist it with the acquisition and financing of the Property for the protection of the Property for open space and for the creation of a park and for other public purposes. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 25th Day of May, 2004. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. E. May 25, 2004 Issue Consider and act upon approval of the Muddy Creek Wastewater Interceptor System Contract with the North Texas Municipal Water District (NTMWD) and Resolution No. 2004-15. Background The Cities of Wylie and Murphy approved the Muddy Creek Regional Wastewater System Contract in May of 1999. Pursuant to the contract, the NTMWD agreed to acquire and construct a regional system for wastewater treatment to serve various parties within the drainage area. The new wastewater treatment plant is under construction and will be completed early next year. The City constructed a portion of the interceptor system in 1998 located in the Woodbridge Golf Course to serve the new plant, and additional pieces of the interceptor system are necessary to transfer flow from the City's system to the plant. The proposed contract will allow the District to provide for the acquisition, construction, improvement and operation and maintenance of the Interceptor System to achieve efficiencies of cost and operation. The agreement was approved by the City of Murphy in their May 18, 2004 meeting and will be approve by NTMWD in their May 27, 2004 meeting. Financial Considerations The City funded the design and construction of the portion located in Woodbridge through wastewater impact fees, and the additional connections were funded in the 1999 bond program. NTMWD will reimburse the City$1,168,304 for the expenses incurred to date on the projects. The City will be billed annually by NTMWD for the operation and maintenance and the bond service for the interceptor system as outlined in Section 5.03 Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Muddy Creek Wastewater Interceptor System Contract Attachments Resolution No. 2004-15 Muddy Creek Wastewater Interceptor System Contract Prepared by Reviewed by Finance City Manager Approval RESOLUTION NO. 2004-15 (R) A RESOLUTION OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AUTHORIZING AND DIRECTING THE EXECUTION OF THE "MUDDY CREEK WASTEWATER INTERCEPTOR SYSTEM CONTRACT" WITH NORTH TEXAS MUNICIPAL WATER DISTRICT, AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION I That, for and on behalf of the City of Wylie, the Mayor of the City of Wylie is hereby authorized and directed to sign, deliver, and otherwise execute, and the City Secretary of the City of Wylie is hereby authorized and directed to sign, attest, and seal, the "Muddy Creek Wastewater Interceptor System Contract" (the "Contract") with North Texas Municipal Water District in substantially the form and substance attached to this Resolution and made a part hereof for all purposes. SECTION 2 That, upon its execution by the parties thereto, the Contract shall be binding upon the City of Wylie in accordance with its terms and provisions. SECTION 3 That this Resolution shall take effect and be in full force and effect from and after the date of its adoption and passage, and it is so resolved; and all ordinances and resolutions of the City of Wylie in conflict herewith are hereby amended or repealed to the extent of such conflict, and all such ordinances and resolutions, and any contracts or agreements or parts authorized thereby, shall be of no further force or effect upon execution of the Contract to the extent of any such conflict. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 25th Day of May, 2004. John Mondy, Mayor ATTESTED: Carole Ehrlich, City Secretary CERTIFICATE OF RESOLUTION THE STATE OF TEXAS COUNTIES OF COLLIN, DALLAS AND ROCKWALL . CITY OF WYLIE We, the undersigned officers of the City of Wylie, Texas, hereby certify as follows: 1. The City Council of the City of Wylie convened in REGULAR MEETING ON THE 25THH DAY OF MAY, 2004, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: John Mondy, Mayor Eric Hogue, Mayor Pro Tem Carole Ehrlich, City Secretary Earl Newsom Reta Allen Chris Trout J. C. Worley Merrill Young and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION Authorizing AND DIRECTING THE EXECUTION OF THE "MUDDY CREEK WASTEWATER INTERCEPTOR SYSTEM CONTRACT" WITH NORTH TEXAS MUNICIPAL WATER DISTRICT, AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND CONTRACT was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Resolution be adopted and passed; and, after due discussion, said motion, carrying with it the adoption and passage of said Resolution, prevailed and carried by the following record vote: AYES: All members of said City Council shown present above voted "Aye"; except NOES: 2. That a true, full, and correct copy of the aforesaid Resolution adopted and passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption and passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption and passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City of Wylie has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed and authenticated said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing and authentication of the attached and following copy of said Resolution for all purposes. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary