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11-09-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA NOVEMBER 9, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO I�RII�R f.lNV()CATI4Ni&; LtD E OF'ALL.. CIANcE P"ROcLA1 ' 0 & Pam+SL+N'[A IONS • Presentation to Star Students for the character trait of"Respect". CITI EI S PARTIcIPr Ti01'�i CO1 L1 'AGEN D ill s li d d r e C tmt oda arc ci dered is be r utine by Council and will be enacted by o zuot oo ` here roll tit l be sedate discussi u :these ileins lf`discussi is desit ,`that.item will be re moved from ti e C ent en a aosl will be con i€er ;separately. A. Approval of the Minutes from the regular City Council Meeting of October 26, 2004. (C. Ehrlich, City Secretary) B. Consider and act upon a request to waive the alley requirement of the Subdivision Regulations. (C. Thompson,Planning&Zoning Director) C. Consider and act upon Ordinance#2004-36, amending section 74-2 (Smoking in Municipal Buildings) of the Wylie Code of Ordinances; providing for an effective date of this ordinance. (C. Ehrlich, City Secretary) D. Consider and act upon Ordinance #2004-37 establishing no parking areas on Foxwood Lane and Lanwood Drive and repealing Ordinance 2004-27. (M. Sferra, Community Development) E. Consider and act upon a Preliminary Plat for Birmingham Ranch Addition (C. Thompson,Planning &Zoning Director) F. Consider and act upon a Re-plat for Woodlake Village Addition. (C. Thompson, Planning & Zoning Director) G. Consider and act upon a Preliminary Plat for Watermark Estates Addition. (C. Thompson, Planning &Zoning Director) H. Consider and act upon the withdrawal, by the applicant, of the Final Plat for Wylie Lakes, Phase IA & 1B. (G Thompson,Planning&Zoning Director) I. Consider and act upon a Preliminary Plat for Akin Addition. (C. Thompson, Planning & Zoning Director) J. Consider and act upon a request from the Wylie Baseball Association to sell concessions at Community Park during their tournament the weekend of November 12-14, 2004. (R. Diaz, Parks Superintendent) K. Consider and act upon a request from the Moms Club of Wylie for a spaghetti dinner fundraiser at the Bart Peddicord Community Center on January 22, 2005. (R. Diaz,Parks Superintendent) L. Consider and act upon a request from the Blackland Prairie Playground Foundation to have "Spa Days" at the Bart Peddicord Community Center on January 8, 2005 and February 19, 2005. (R. Diaz,Parks Superintendent) INDIVIDUAI. CO�TSID� �AT`��N Public Hearing 1. Hold the first of two Public Hearings for the annexation of a 66.194 acre tract out of the Francisco De La Pina Survey, Abstract #688, Collin County, Texas and generally located west of Stone Road, east of Kreymer. (M. Manson,Assistant City Manager) Executive Summary This annexation is at the request of the property owners. A zone change request is being processed concurrently with the annexation. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings October 27,2004 First Public Hearing November 9, 2004 Second Public Hearing November 23, 2004 Adoption of Ordinance December 14,2004 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h)(2)and 43.063 of the Local Government Code. 2. Consider and act upon an Agreement for the provision of Wastewater Services to a 4.68 tract outside the City of Wylie jurisdiction. (M. Manson,Assistant City Manager) Executive Summary The developers of a 19.4 acre tract of land in Rockwall County have requested City of Wylie wastewater services for a 4.68 portion of that tract which falls outside of Wylie's jurisdiction. The balance of the property inside Wylie City limits received zoning approval on September 14,2004 for a residential development. RLADIM OF ORDiNANCF 'TITLV& CAPTION AP O' D B'l<'`;CO NCIL AS REQUI D BAY:: ADJ©URNMFNT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 5thnd day of November, 2004 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, October 26, 2004 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C. Worley. Staffs present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Library Director, Mignon Morse; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. I,4VOCATION c PLEDGE OF ALIKE IAI i E Reverend Mark Forrest, Murphy Road Baptist Church gave the invocation. Councilman Trout led the Pledge of Allegiance. • Unveiling of Star Tree "2004 Reach For A Star Program" Invite Council and Staff to "Reach for the First Stars". Aimee Nemer, Administrative Assistant and "Reach for A Star" coordinator and City Secretary Carole Ehrlich presented the "Star Tree" and asked Council members and staff to choose the first stars for the 2004 City wide program. • Rotary Club presentation of a donation to the "Reach for a Star Program". Rotary President Jeff Butters presented Reach for A Star representatives with a donation from the Rotary Club of$500.00 for the 2004 program. CITIZENS PARTIPATION There was no one present to address council. ONSENT All All matters hued ear the t~o, sent Agenda are considered to l)e rou c by the Oita Council anal will be enacted;by motion. There#all not be separate discussion ,f tlr items I discussion is desired,that item wi be roved.from Consent Aug da auto,wilt lie:co dered epara A. Approval of the Minutes from the regular City Council Meeting of October 12, 2004. Minutes—October 26,2004 Wylie City Council Page 1 B. Consider and act upon the appointment of Mayor John Mondy to serve as an Executive Board Member to the Dallas Mobility Coalition (DRMC) from October 1, 2004 through December 31, 2005. C. Consider and act upon authorizing the City Manager to execute a contract between The City of Wylie and The Library Corporation for the Library Automation System. Approved by Resolution#2004-23(R) D. Consider and act upon a Preliminary Plat for the Rubalcava Industrial Park Addition. E. Consider and act upon a proposal from The Wallace Group, Inc. in the amount of$12,000 for the development of base maps and GIS data. F Consider and act upon the acceptance of auditing services, not to exceed $31,050., for the year ending September 30, 2004 by the accounting firm of Rutledge Crain & Company, PC. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Oli VIOVAC ONSthg tATI 1 Tabled from September 28, 2004 Consensus of Council was to remove from the table. 1. Consider and act upon a change in zoning from Agriculture (A) and Neighborhood Services (NS) to Planned Development (PD) District for residential uses of varied densities, tabled from September 28, 2004. (Zoning Case No. 2004-19) (C. Thompson, Planning & Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed council stating that the Public Hearing was convened and closed on September 28, 2004. He explained that Council may, at their discretion reopen the hearing or receive public comments. Mr. Thompson stated that there were a couple of changes since the September 28, 2004 meeting. These included; the house size increasing to 2,400 sq. ft. as an average, 10,000 sq. ft. lots would now have a minimum of 2,000 sq. ft. homes and 8,500 sq. ft. lots would have a minimum of 1,900 sq. ft. homes, no garages will face the front street area, some alleys will be needed to accommodate the requirement for the back or swing garages. The subject property was annexed September 28, 2004. No written responses from within Wylie were received, but 2 written responses against the case from properties within the unincorporated County were received. He stated that the item before the council requires a simple majority to approve. Planning and Zoning Commission voted 5 — 1 to recommend approval with stipulations (incorporated into current report)on July 7, 2004. Staff recommends denial for noncompliance to the Comprehensive Plan. Applicant Comments Ryan Betz residing at 3838 Oaklawn, Dallas, Texas representing Skorburg Co., addressed council stating that he was pleased to address council once again. He stated that in the past month since the 9-28-04 council meeting, he had some time to contact builders and gather additional information. He explained the plan presented tonight gave some larger lots with minimums of 12,000 square foot lots on the north side (approx. 8-9 homes) included in the plan. Skorburg is also offering a buffer of 30 feet planted with evergreen cedars. Mr.Betz stated that the plan now Minutes—October 26,2004 Wylie City Council Page 2 called for a 2,400 sq. ft. minimum average home size. The proposed development would have a minimum of 1,900 sq. ft. home size. Mr. Betz explained that what the company was trying to accomplish with the minimum house size was to provide builders with the options to include homes for retired and young people without children. Mr. Betz stated that he was requesting tonight that those homes that had a three car garage could have a swing for two doors and a front entrance for one. The landscape and entry amenities would include hardwood and evergreen trees and define native grass as Bermuda, Buffalo and Rye grass mix. The shortfall in the park dedication from 30 acres to 18 acres is due to the decrease in homes based on the larger minimums proposed and netting out the school and parkland. Mr. Betz explained that this should reduce the 30 acre requirement in the comprehensive plan to close to the 18 acres proposed. He also stated that the quality of the amenities within the park would be more than the comprehensive plan called for. These include gazebos,pools,and trails. Mr. Betz stated that Paul Taylor Builders had committed to build in the proposed development. Mr. Betz displayed some of the homes Paul Taylor Builders has built in other areas. Most of the homes displayed were 3,000 to 3,500 sq. ft. Two amenity centers will be included along with a park and gazebo area. The plan now calls for 35% of the lots to be greater in size than 10,000 sq. ft., with 10%of that number being 12,000 sq. ft. and the remainder(65%)would not be less than 8,500 sq.ft. A typical lot would be seventy one(71)ft.wide by one hundred twenty(120)ft.deep. Council Discussion Mayor Mondy asked Mr. Betz to define average home size. Mr. Betz stated that it was an overall average of home size within the development at build out. The Mayor then asked Mr. Betz how difficult that is to manage. Mr. Thompson stated that there were some developments using this theory. He stated that the Building and Planning departments would be responsible for management of these averages. Mayor Mondy asked if the examples of homes shown tonight were 3,000 to 3,500 sq. ft. why he couldn't move the proposal to 3,000 sq. ft. minimums. Mr. Betz stated that the builder needed the margin to attract all classes of buyers. Dick Skorburg representing Skorburg Company address council stating that his company did not mind pushing the minimums up but added, what happens, if they are pushed too high, the attraction to builders is decreased and the properties do not sell as quickly. Councilman Newsom asked Mr. Skorburg how many projects his company had in progress. Mr. Skorburg replied that they had around 16 projects going on at this time. Councilman Newsom then asked how many of those 16 had 1,900 sq. ft. minimums. Mr. Skorburg stated that most all of the projects had this minimum. Councilman Newsom commented that he had seen some of the projects and stated that they were very nice projects. He then stated that he wanted to see some of these, larger home minimum projects, done in Wylie. Public Comments Nancy Hansen residing at 806 Meadow, Wylie, Texas(Wylie ETJ)addressed council stating that she did not hear Mr. Thompson nor Mr. Betz say anything about tying in Highridge Road (private property road). Mr. Betz's conversation earlier had alluded to this and she wanted to make sure this was written in the PD. She went on to explain that the reason for this was that this road was in constant need of repair and if the PD was approved it was important to residents that the road be included. Ms. Hansen also commented that she was not in favor of any front garages no matter how many garages were attached to the home. She commented she would like to see larger lots and larger homes than the proposal called for. Brent Bates residing at 1340 E. F.M. 544 addressed council reiterated some of the same issues that council had discussed earlier. Mr. Bates stated he would like to see every addition to the original plan be in writing and not inferred. The size of the dwelling and the quality of the dwelling mean more to me than the lot size. Mr. Bates felt there were enough starter homes in Wylie and what was needed were higher end homes. Marvin Fuller residing at 355 Donna, Wylie, Texas addressed council asking if Wylie was ready for this development at this time, considering infrastructure needs for this development. He also stated that he wanted to see larger homes and lots as part of the overall zoning requirements for Wylie's Comprehensive Plan. He again stated that consideration needed to be taken with reference to infrastructure for this development. Minutes—October 26,2004 Wylie City Council Page 3 Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to deny Zoning Case #2004-19. A vote was taken and passed 7-0. 2. Review and Accept Amendments to the City of Wylie Library Advisory Board Bylaws. Executive Summary Library Director Ms. Morse addressed council stating that a copy of the bylaws that were approved by the Library Advisory Board on October 11, 2004 had been attached to the agenda item which is before council. The changes are bolded in the proposed bylaws and are: Article III. Section 1. The officers will be chairperson and vice-chairperson. The position of secretary was deleted since staff serves as a secretary. Article VI Section 1 Board member shall be sworn in within 15 days of appointment or considered resigned. Article V11 Section 1 Bylaw changes will be distributed to board members 72 hours in advance rather than 10 days in advance. The Library Board recommends adopting changes to the bylaws. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the amendments to the City of Wylie Library Advisory Board Bylaws. A vote was taken and passed 7-0. 3. Consider and Act upon filling the position of Library Board Member to replace Lexie Campbell for the unexpired term of June 2004 to June 2006. Staff Comments Library Director Ms. Morse addressed council stating that Council appointed Lexie Campbell to the Library Advisory Board on June 22, 2004. Ms. Campbell has not been sworn in as a Library Advisory Board Member,and she has missed two meetings. Based on this, the Library Director sent a letter on September 24, 2004, to request that she notify staff within five (5) business days if she wanted to be sworn in and become a board member. To date, Ms. Campbell has not notified staff to make arrangements to be sworn in nor has she communicated to staff regarding the two meetings that were missed. Staff recommends the appointment of a new board member. Ms. Morse asked council if she could answer any questions. Council Action A motion was made by Councilman Young, seconded by Councilwoman Allen to approve the appointment of Mary H. Johnston as Library Board Member to fill the unexpired term of Lexie Campbell. A vote was taken and passed 7-0. 4. Consider and act upon approving Resolution No. 2004-24(R) declaring a public necessity for, and the public convenience will be served by, the taking, by acquisition or condemnation, of a sanitary sewer easement and four (4) temporary construction easements on the property owned by Larry Van Nelson and Wife Polly H. Nelson for a twenty five foot (25') sanitary sewer line, a twenty foot (20') temporary construction easement, a sixty foot (60') temporary construction easement, a two hundred eighty one square foot (281 sq. ft.) temporary Minutes—October 26,2004 Wylie City Council Page 4 construction easement and a six hundred seventeen square foot (617 sq. ft.) temporary construction easement located in the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas and authorizing the City Manager or his designee and the law firm of Abernathy, Roeder, Boyd & Joplin, P.C. to do all things to effectuate the acquisition, by purchase or condemnation, of the easements. Executive Summary City Engineer Mr. Hoisted addressed council stating that the contractor for the North Texas Municipal Water District(NTMWD) is installing the gravity sewer lines necessary to connect the City's sewer system with the new Muddy Creek Regional Wastewater Treatment Plant. The northwest portion of the sewer line runs from the existing sewer lift station on SH 78 to the northwest corner of the Woodbridge Golf Course across the Nelson property. Mr. Hoisted explained that the city has been unable to reach an agreement with Mr. Nelson and the proposed resolution will authorize the City Manager or his designee to acquire the easement by purchase or condemnation. Council Discussion Mayor Mondy asked Mr. Hoisted if anyone had been in contact with the Nelsons. Mr. Hoisted stated that staff had on several occasions tried to contact Mr. Nelson but none of the requests were returned. Mr. Hoisted stated that a certified letter had been sent but no response had been received from Mr. and Mrs.Nelson. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Resolution #2004-24(R) declaring a public necessity for, and the public convenience will be served by, the taking, by acquisition or condemnation, of a sanitary sewer easement and four (4) temporary construction easements on the property owned by Larry Van Nelson and Wife Polly H. Nelson for a twenty five foot (25') sanitary sewer line, a twenty foot (20') temporary construction easement, a sixty foot (60') temporary construction easement, a two hundred eighty one square foot (28 lsq.ft.) temporary construction easement and a six hundred seventeen square foot (617 sq. ft.) temporary construction easement located in the Richard D. Newman Survey, abstract No. 660, Collin County, Texas and authorizing the City Manager or his designee and the law firm of Abernathy, Roeder, Boyd & Joplin, P.C. to do all things to effectuate the acquisition, by purchase or condemnation, of the easements. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE & CAPTION AP 'ROVED B .' COUNCIL AS ffEQUIRED BY WYI.,IE 'ITY'CHARTER,ARTICLE III,SEC 'IO 13-D There were no ordinances approved to read into the official record. A�DJ£�IJRN> N'i` With no further business before Council, a motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting at 7:22 p.m. A vote was taken and passed 7-0. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—October 26,2004 Wylie City Council Page 5 CITY OF WYLIE Item No. B. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: Consent X Meeting of: November 9, 2004 Other: Department: Planning Prepared By: Claude Thompson Date Prepared: November 1, 2004 Exhibits: 2 AGENDA SUBJECT: Consider and act upon a request to waive the alley requirement of the Subdivision Regulations. RECOMMENDED ACTION: Approval. SUMMARY: Property is zoned SF-10, and the Preliminary Plat creates 53 lots all exceeding 10,000 square feet. Alleys serve limited functions on such larger lots, as all functions (vehicular access, drainage, utilities) are accommodated by other methods. Abutting existing development does not have alleys and undeveloped property will not have alleys. Financial: Elimination of alleys increases number of lots and property tax revenue to City and eliminates cost to City for maintenance. APPROVED BY: Initial Date Department Director: CT \ 11/01/04 City Manager: <' 1 ADAMS CONSULTING ENGINEERS, INC. CIVIL • ENVIRONMENTAL ENGINEERS October 28,2004 City of City of Wylie Planning Department 2000 State Highway 78 North Wylie, TX 75098 Re: Birmingham Ranch Alley Waiver Send via fax: Dear Sir or Madam, The purpose of this letter is to request an alley waiver for the proposed subdivision Birmingham Ranch on behalf of our client. Due to size restrictions,we feel an alley waiver for this subdivision would be in the best interest for the City of Wylie. If you have any questions or concerns,please feel free to contact me at 817-329-6990. Sincerely, A ams Consulting Engineers,Inc. dip Jason Wight,E.T.T. 500 Nolen Drive, Suite 550, Southlake, Texas 76092 Phone. (817)329-6990 Fax: (817) 329-7671 Corporate Office. Tyler, Texas Branch Offices: Garland, Texas•San Diego, California "d TLSL 6ZE LT8 I33E1 eLT :60 170 TO AOW • LEGAL OESCRIPTIW ; &&&& TERM PLANS SUBJECT TO TES 3Y.6EARRE VA C BEING o tsa 39 are Iron of lone silnvtetl n he Mane,Pholen Surge Ae troc BY JUgJgOJCTJgN1L ENTITIES wvtlE N N0. a LOCATED IN THE G.N. y 5 Pb 05.- NORTHEAST CORNER OF UArt N ✓SaUTH -C � C 3 of N Co. ar Yg ELEVATION MC WEST O 6�C B e A B' OF ALLEN WN E es WAr. ] O or [D C 7 0_ District recordedre Volume"6, g 5(DRCCI)and o mo re e pot cu ar y GRAPHIC SCALEdeserted BEGINNING l a5/8 a s«,neoet ran rod set for menorthwest corner o said 0552 eage J �1 44 'eo aw m rtn .1 p THENCE o°,Ine not.line o,said 0.552 acre tract of land os follows: 5 SOUTH 15. FAST o melm_e or 9244 feet to a 5/8 fro,Iron rod set for dbE N ' earnercOlner, VIP, SOUTH 3E71'25"[AST°Uo1once of 15,45 feet to a 1/2 Inm OOP ro_Iwna f« , ' o a9wOY.FAST a die S he LLCM NO ��Iw1 • • • ill! 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I __ t4 fNn1tGNII uVw�E6sybl A 1 O Q w,a THENCENO.. a o /2 J _sssz # _su —as.u_._.�__a>.u:.- ��. �* e1 (iji� CNCE SO 6 0 Si o d'a'a�ce of SDO.SD eat o the PONT x / mac•• -8 `1oa• '8 xr. f$®� E ill R[GNN nc E rau'--T"wrs^—.r 60m "-I—tnm--__r--__m— ea'�-'F f_—_-- _— _.—__ __�� °' I=f,J CONTAINING a .a 598 a J 1 s ce tNr +ofirw.ariaunrrcFia�,mrR— less air ocoordrng to 1.1 survey prepared oy,a,,,Openrcl Croo. r T r�,i land edmu zoo a Bedford. ea Lore E omr y , l I S p Al, R 34 1@gE p3 1ggPIq IAI �wl Pt a' 2I ;g- 0,5 7 t f$ AI sr S, es s. §I" ,L 3, 51 , ipl� a0 IlI� 02008 I� rob Ipl� IKI� fElg Igelp I �O 0. .sr � � I;:Ji F S 'u 44 _ �o p s d ��s 61 yes 1 �5 dl" ) to " .r. sr. 1 24 I B !ill! BLOCK 2 ° fgli I I • 1 1 eo.00 PI,'0 0 m 1=i11 • e a,.and a lien_ 9ao'a,IeA ane , 13 s1? 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Iv, t oee 9r. 6 aoo..cr ,6 r. ,o.we a, s. 1 0 1 32 1 9r. exact v toms sr. ese 9,. ,ggria I„ 1 F'e t Mora City of wye.Teas D t. �� —� BLOCK .. J ---- --- _s,s,�t._s.:c.t._ �- - i �� a.. I[�LW�7yl o �cyy, d,e,o la t g R - add1 anoto no y _- 500.09'00_EZItt 9a].�JJ'�� ,,n, iJill-� 19.Of�J- Ltl1B �'•; 'Mw I 9, _ s G .Ono,tee Cooed,by fongol acTion,Ina,ond tn..occ.P. .0e0:colIce:of streets.aawy.000s,easement pub!,p.a.and water ono, , sewer ilnes as shown 0600e subscribedir,tIA op lad note 0 .E..C<thereof forth in ond upon d plat ood so.Council 0y can a s name as her n Page I of 1her «I 4 tx J� Preliminary PIol I 3I §° Wnnee9 r and m, r of ,$ .. .. Birmingham Ranch ; ., j ��>.r o wN e'7exos am1 1 t1�3>'456 E 5t va0c �.N Blocks 1 —3 � an addition to the City of Wylie,Collin I I[ ..I (rr L4J w`�s ... y County, Texas being 16.036 acres In the h - "'"' •; .` Mercer Phalan Survey, Abstract Number 662 I� A In the City of Wylie,Collin County,Texas s I N. j s.na`° TOTAL LOTS : 52 October 2004 Ti-__ Nerse'2 ' r • TYP. LOT SIZES: \ssolve'ze•w sloe' P.211 moo • AN.A 60' X 126' Y41etE mating ex MIN.LOT AREA: 10,000 S.F. B or nu.ACCORD.TO 99 THE FEDERAL EMERGENCY MANAGEMENT•AGENCY,NATIONALTFLOODN INSURANCE tr[cx[Ow FRONT TRW eE140E:m' ROGR M MAP Tw5 PROPER,IS WITNIN rt..tCNC'' WNICN IS NOT A SPEC. ��OM 001SLOn�. FOOD HAZARD AREA.IF THIS Sr0E`5 NOT WITHIN A loAFIE SECIAL FLOOD ODE YARD WRACK:10'OR LOT WIDTH HAZARD ARG.THIS FLOOD THEREON EMENr GOES NOT IMPLY THATD THE PROPERTY rre No ND/OR 009 STRUCTURESM .,,a CORNER L LOT ODE YAM M' DAMAGE. N RARE OCSIORSCRGRE ERLFL00D5EGNR.WDR0303 FAA sNG FLOOD OWNER/DEVELOPER: SURVEYOR: ENGINEER: KEY LOT SIDE TARO/22' H ION MO N IN A ED - A A E N1 sr<n w. SMALL I NO1 CREATE LIABILITY ON MAN-MADE PART OF THE SURVEYOR. '�'�OW faW[ � M. A B.y�f fOx1M1K YYai1L ME e OW..ION MAN MMN M. MINK soy NON 1.0 Ie(AO MN.. "1p.w�-.w �w rdw.ea . e ce,,.Irt vn.,ern, s CITY OF WYLIE Item No. C. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: November 9, 2004 Other: Department: City Manager/City Secretary Prepared By: Carole Ehrlich Date Prepared: 11-01-04 Exhibits: Referenced Ordinances AGENDA SUBJECT: Consider and act upon Ordinance#2004-36, amending section 74-2 (Smoking in Municipal Buildings) of the Wylie Code of Ordinances; providing for an effective date of this ordinance. RECOMMENDED ACTION: Approval of Ordinance#2004-36 SUMMARY: Ordinance #2001-23, passed by council May 22, 2001, addressed the prohibition of smoking or possession of burning tobacco products and all other tobacco products in certain public areas. Ordinance #2004-36 will amend the Wylie Code of Ordinances to clarify the rights of the City Manager or his designee to designate areas that are accessible at City facilities for smoking or the use of tobacco products. These areas may be indoors and/or outdoors as determined by the City Manager or his designee. Upon approval of Ordinance#2004-36,the City Manager will provide a policy. APPROVED BY: Initial Date Department Director: CE \ 11/01/04 City Manager: itld.P \ y ORDINANCE NO. 2004-36 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING SECTION 74-2(2) OF THE WYLIE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted Section 74-2(2) of the Wylie Code of Ordinances; and WHEREAS, the City Council desires to amend the Wylie Code of Ordinances to clarify the rights of the City Manager or his designee to designate areas that are accessible at City facilities for smoking or the use of tobacco products. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 74-2 (2) of the Wylie Code of Ordinances. Section 74-2(2) of the Wylie Code of Ordinances is hereby amended to read as follows: fl USE IN CITY FACILITIES. Smoking and/or the use of tobacco in any City facility is prohibited except as provided below. The City Manager or his designee will determine the location, if any, where persons may use tobacco products or smoke. The location, if allowed, may be indoors and/or outdoors as determined by the City Manager or his designee. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions 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, Ordinance#2004-36 AMENDMENT TO SMOKING ORDINANCE Page 1 of 2 subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its passage and adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 9th day of November, 2004. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date of Publication in the Wylie News: November 17,2004 Ordinance#2004-36 AMENDMENT TO SMOKING ORDINANCE Page 2of2 ORDINANCE NO. l -a5 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, THE ALING ORDINANCE 93-55 OF THE CITY OF WYLIE, SMOKING OR POSSESSION OF BURNING TOBACCO PRODUCTS AND ALL OTHER TOBACCO PRODUCTSO IN CERTAIN EXCEE PUBLIC�XA�AB`�; PROVIDING A PENALTY OF FINE N SUM OF A CLASS C MISDEMEANOR; PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council recognizes the right and need of those who wish to breathe smoke-free air and finds and declares that smoking of tobacco,tobacco related products and tobacco substitutes, fillers and other plants or weeds is hazardous to the health of the general public. Accordingly it has been determined that the health, safety and welfare of the residents and employees of the city be furthered by the regulation of smoking in enclosed places and places of employment; and WHEREAS, the City Council recognizes that the use of other tobacco products is an imminent health hazard and leads to unsanitary and deleterious conditions within public buildings within the city as well as within the work place; and WHEREAS, the City Council further recognizes the importance of professional conduct within city facilities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Chapter 74, Section 74-2, "Smoking in the Municipal Complex" be repealed, and Chapter 74, Section 74-2 of the Wylie Code of Ordinances be hereby amended to provide for the prohibition of smoking and tobacco products in City buildings, facilities, and vehicles, to read as follows: "SECTION 74-2. Smoking and Use of Tobacco Products in Municipal Buildings, Facilities, and Vehicles. (1) DEFINITIONS. As used in this ordinance the following terms shall have the following meaning unless their content clearly indicates a different meaning intended. "City Building" means any building or facility owned, operated or leased by the City of Wylie, Texas. "City Vehicle" means any vehicle owned, leased or operated by the City of Wylie. "Smoke or Smoking" means the act of burning any tobacco product, weed, filler or plant of any kind. Any cigarette, cigar, pipe, hookah or water pipe or any other device. "Tobacco Product" means cigarette, cigar smoking, including any granulated, plug- type, crimp cut, ready rug or any form of tobacco suitable for smoking in a pipe or cigarette, or chewing tobacco, includes cavendish twist, plug, scrap or any kind of tobacco or tobacco derivative suitable for chewing, snuff or preparation of pulverized tobacco and any other article or product that is made of tobacco or having or containing a tobacco product. (2) USE IN CITY FACILITIES. No person may smoke or use any tobacco product in any City Facility, except as provided herein. Enclosed City buildings or facilities shall be subject to the pertinent provisions of this ordinance with no exception. Any persons at any city facility may use tobacco products or otherwise smoke tobacco products only at an area designated by the City Manager or his designee, provided that no city employee shall go into such area to smoke except during authorized breaks or lunch periods. (3) .- USE IN CITY VEHICLES. No person shall, at any time smoke or use any tobacco product, as defined herein, in any or while using any city vehicle. (4) POSTING OF SIGNS. Any smoking or tobacco use sign or no use tobacco signs with letters of not less than one inch in height shall be conspicuously posted in every room, building or other place where smoking or the use of tobacco is controlled by this ordinance, by the owner, or by the city and/or person having control of such premises. Such signs may have additional or different wording to explain the applicable rule in a particular area, room or location. (5) ENFORCEMENT PROCEDURES, INFRACTIONS AND PENALTIES. (a) The City has the right to inform persons violating this ordinance that they shall be guilty of a Class C misdemeanor. (b) Any citizen who wishes to register a complaint hereunder may initiate enforcement through the municipal court. (c) Enforcement shall be implemented by the city manger or through a city staff person designated by him. Such person shall have authority to issue persuasive letters or citations based upon reasonable cause in a manner most suitable to the particular incident." SECTION 2. .SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. SECTION 3. PENALTY. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a Class C misdemeanor. Any person violating any provision of this ordinance may, in addition to a fine or in lieu of a fine, be given such terms of probation as appropriate by a Court of competent jurisdiction. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 22nd day of May, 2001. John on y, Mayor • City of Wylie ATTEST: faraSf , arY� �,1.3•_T �� CITY OF WYLIE Item No. D. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: November 9, 2004 Other: Department: Community Services Prepared By: Michael Sferra Date Prepared: November 1, 2004 Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon an Ordinance establishing no parking areas on Foxwood Lane and Lanwood Drive and repealing Ordinance 2004-27. RECOMMENDED ACTION: Approval. SUMMARY: On October 28, 2004, City of Wylie staff met with representatives of the Wylie Independent School District (WISD) to discuss the traffic flow in the vicinity of Akin Elementary School. The WISD representatives stated that the school buses using Foxwood Lane have difficulty negotiating turning onto and exiting Foxwood Lane at the intersections of John Akin Lane and Lanwood Drive. Foxwood Lane is the most desirable bus route as bus drivers approach the school's parking lot located on the northwest corner of the school campus. The WISD representatives stated that cars parking close to the intersections of Foxwood Lane/John Akin Lane and Foxwood Lane/Lanwood Drive do not allow enough room for the buses to safely make the turns. They also conveyed that the bus operators have no difficulty with cars parked along the remaining sections of Foxwood Lane. The school officials requested that the City take action to eliminate parking near the above-mentioned intersections as well as along the east side of Lanwood Lane between the north and south entrances to the school parking lot. Approval of this ordinance will allow for no parking along a portion of the north and south sides of Foxwood Lane within thirty (30) feet of the intersections of John Akin Lane and Lanwood Drive; no parking along a portion of the west side of Lanwood Drive within thirty (30) feet, north and south, of the intersection of Foxwood Lane; and no parking along a portion of the east side of Lanwood Lane between the north and south entrances to the P. M. Akin Elementary School parking lot. Approval of this ordinance will also repeal Ordinance 2004-27 which prohibited parking along both sides of Foxwood Lane between 7:15 a.m. — 8:00 a.m. and 2:40 p.m. - 3:15 p.m. APPROVED BY: Initial Date Department Director: MS \ 11-01-04 City Manager: lose ORDINANCE NO. 2004-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS TO PROHIBIT THE PARKING OF A VEHICLE ALONG A PORTION OF FOXWOOD LANE AND LANWOOD DRIVE LOCATED IN WYLIE, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES (REPEALING ORDINANCE 2004-27); AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of§§542.202 and 545.302 of the Transportation Code, has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to prohibit the parking of a vehicle along a portion of Foxwood Lane and Lanwood Drive located in Wylie; and WHEREAS, the City Council further finds that in accordance with §§542.202 and 545.302 of the Transportation Code, it is a reasonable exercise of its police power to prohibit the parking of a vehicle along a portion of Foxwood Lane and Lanwood Drive located in Wylie as set forth below. SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITION. The definition of "No Parking" as used herein means an area designated for unobstructed access on a street or road. SECTION 3: NO PARKING. No parking shall occur along a portion of the north and south sides of Foxwood Lane within thirty (30) feet of the intersections of John Akin Lane and Lanwood Drive; no parking shall occur along a portion of the west side of Lanwood Drive within thirty (30) feet, north and south, of the intersection of Foxwood Lane; no parking shall occur along a portion of the east side of Lanwood Lane between the north and south entrances to the P. M. Akin Elementary School parking lot. SECTION 4: SIGNS. The City Manager, or his/her designee, shall be responsible for installing markers and, if necessary, signs to properly notify the public of the location of the No Parking lanes. The proper markings shall be one of the following: A. SIGNS - signs shall read "No Parking" and/or "No Parking Here to Corner" and shall be twelve inches (12") wide and eighteen inches (8") high. The signs shall be painted on a white background with letters, using not less than two inch (2") lettering. The signs shall be permanently affixed to a stationery post, and the bottom of the sign shall be six feet, six inches (6' 6") above finished grade. The signs shall be spaced not more than one hundred feet apart. The signs may be installed on permanent buildings or walls or as approved by the City Manager or his/her designee. B. PAVEMENT MARKINGS - pavement markings shall be marked by painted lines of yellow traffic paint six inches (6") in width to show the boundaries of the No Parking lanes. The words "NO Ordinance#2004-37 Parking Foxwood-Repeal of Ordinance 2004-27 1 PARKING" shall appear in four inch (4") white letters and ten foot (10") intervals on the yellow boarder marking along both sides of the No Parking lanes. C. CURB MARKINGS - curb markings shall be painted in yellow traffic paint from the top seam of the curb to a point even with the driving surface. The words "No Parking" shall appear in four inch (4") white letters at ten foot (10') intervals along the curbs. SECTION 5: ENFORCEMENT: The No Parking lane provided herein shall in no way be obstructed. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing a No Parking lane at the expense of the owner of such material or vehicle. SECTION 6: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: SEVERABILITYS. 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. SECTION 8: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 9: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of November, 2004. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Published in the Wylie News-November 17, 2004 Ordinance#2004-37 Parking Foxwood-Repeal of Ordinance 2004-27 CITY OF WYLIE Item No. E. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: Consent X Meeting of: November 9, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: November 2, 2004 Exhibits: Preliminary Plat AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Birmingham Ranch Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 2, 2004, 5 —0 to recommend approval. SUMMARY: This Preliminary Plat will create 53 single-family residential lots with the minimum lot size of 10,000 square feet. The Plat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. Financial Consideration- Development impact fees shall be paid at building permitting. APPROVED BY: Initial Date Department Director: CT \ 11/02/04 City Manager: 4/SC \ a . z;, n. � LEcw awnP*ar TIME PLN6 9EIBIgG7'7b SIyRIf N u 110 BEN^.0 16 029 are trod nd snwln n Ine Varner NW.Sant.Abstract 6y fURESC CT10NAL Ll!'TTTIES env HE NORTHEAST C r+5'OF NO c .LOCATED rx NON No.1059 M Ine Car CAAHU S, R a W rl tet5 WA Mx soulx k g ol Wye..CON nCan!Dlesosoane bangnot. on er ar155..86 acre Noel e!to. S 5 ALL. 5 f r WAY. S-e ELEVATION-�e2C.91 O \ ...bed 10 1.E.3BNmtnencen ona a•M l:minywm 1r«1r recaa. f (0300,;STALE Vann.2362!Pace r Dean o car Cain rn(O11.11 o • .a m r0 F beNg as 05F2 on r de... n ahe e c Nwf. cale ord. a 1162.Pager15(D.CCI)aon Dr n9^ Pac 1.0. ' oc -� WO S g- a. WM of lm«. "a ro.1 tame or re,d,S.elE acre Nat cSbnd� —� �^�---_ P l'i'a tla acre in mrodx — iii 9 Ei 10000E a n.wrto fine of eae 0.5521oae Trod 0 tare...a. H v i 9Ei SOUTH 21050 1•CASTga m,Imce of 92u INN In a 5/0 inch Non toe>el fa I i �iq fl 5001H 3n1'26'EAS1 r 410anee or 153.45 l«I,o a 1/2 Inm Von rod round,a 1' ' , M , : Cann , 1 j e � ► (^tom ,anrx ee'39ns•Ens o ehlmae or v.oa n«Ine«i Pa.Nan«1 a1 H Ir+ I Fu 1Trj 0 t�1` • .«nm of Pare.Roan Looa are bnnq Inr ro corner or«w 0.552 tour I 1 • 1 of ter. I .. 3 !It�i 10[0CE 500i0 O,Ye 16'WESi o OIrlOIKr of 2000.eel 10 p P.N.Nall x1 w,t1 '` '00'W 11,20' to e1.1 of Raen Face Loro m0 dmq 160 eatne«f can.o,«,a 0.157 VI, _ram_---.see--r .----ISO.-T— .- x a'i6�_r_ - _T-. f-r ._ .C5-1 —_--ern_-—I tR� 1�!� act.Nat el lent - j , /�I 1 r - 1 R y{iij il•ENCC n Mr of fold Os52 o Noel of TOM NORTH 69Y9 26 I, ' If BLOCK 1__ -I1q} {a I I L pi, WCS0o*long eeoleedd l27 1 n1 lo e a OM o awe 15uee en r soureal or to corn r I I Ix a]s c� 16 .� c;SI a tee 1 ae] roe 3v oa 2s 11 •,a 10 78 B +� ,a 11 a ?tc s.. I g 1'��i 1«. bang n I wn an e v o I r 518 ,121 a d ,0m,Sr 1 n •1 I 12 "I 1t I n l o.e1,S. ,1 10 u,v J OFd1 L. ::YY(( • 1NENDE am9 ff. ,5L60 vn e,of lore.SDD oL DD a ,. O 0 �8 a iIF de 7lE':.I q sr i, �]� hi; e«1 Me or ode •1ra r J pppp 5Al+ 1{ carnn M. «e1 6 acre r«1 taf bra N. ClN rod« or l : k WCY LNt I }oSMEA { D ooP0 'i 5.$ ,.�` 1 1 fill/1 or raw 16..6E acre Ira1 39 -I 1xL0cC N0Rr0 dive m'wL51 a`eec1e^ii:166;�,:01,a i o+me Non rm'e• _a___�._ __r._afl___.,__.es:___.._emu—�_—l5sli__`_ns.ii'. + n Nl �. es9:__a—?s.2�,y.•OL✓•��ro, el 1� lit); rasa ea Ine eoullnM Cana a Cr-" �'x { seJ ^ t! arelmce w r r„26 Ty o 1/2 nm ran I " os 'g 36g rte.l.r. " � MLNC(r lo. oTINn a .E9 v reel r-o ' 31i ?ii .dune for Inr nr0n,en earn..of eaa ISr66 er,e tract a•rood as blest e 1 1H[NCL SWiH l97TD1 fA61 o dP,enpe or 600.50 rre!l0 No POW Or c 'I. 1 t ,10y. __T_- _._.rx-__.���__r___E_ao_T___�'_T__��L]__ _ —_;�_0_-4.: 52 i )\rr., • -_JAin �tBCONWNQ t IA t ,,taut., tdrnrbTCmun �� ! , o-o . I py ii fW,ANINO• and b 6.039 0 a 198En Irn 1 ,1 !ill `[_#C Oolee June.]C:5 ono l',n,ia our.. .reg Lod �� 316 8L� zx3 8:9 �,5 S9 R se 5g R 6y I 'a 5 , R0 It.i) Sa...,No z mn reserenee.ar area . et mr ., _ F y2 yy "R� i re➢ IFy 1 I. 1 E 1p1R ft '� ,. s.. 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Ii •r _— 00,a 1 r xwra.thy w wpe.1.«. t BLOCK 2 t, '� o 9a m ;R s �„^ wr06'OD"[ 6e3• F6311' W i owls pea.I«eny sector,011.Cal of,ere 1e.n.ne•cY«OM.,rot r ..I \\•, '� ;; VI a Tiff /aepea,IrW plal of 1«Birmingham Rene«W W e�faealbn to 1M fly - ef Wyk. Ire l0 1 1 Coen nr -_.., ", I .,.n...,. «'o menu«cane ey^ia•na eat a �n�e O. ^I \•�... . EOO�a Inr«moo Ian a •ol•• Q �`I manse L Nava le note Me nacrAl re by[damsurd i.Coon. o.F Nothor.her m Page 1 of 1 I e I i�i s1I1 a .Ne.a. Preliminary Plot 4 wnn«e my hoe tat_____ecr ar __.A.D..=o____ of I I! I • «r.1aY Birmingham Ranch a •, "� =1•26E .e,p.,,, Ai ,• • 1,mWWK1..« Blocks t —3 fi W L t,3.L6 Aci 'VS • an addtflon to the CNy of Wylie)Collin 1 s---- i County,Texas being 16.039 acres In the j6 a A+Lt:+tlgt Mercer Phalan Survey,Abstract Number 695 �1 I Ru 4 In the City of Wylie,Collin County,Texas a_ _ /rL • October 2004 earseros'E nlosn Iv eF TOTAL LOTS 62 \mr•.e•zE•w es.m• ULA TSP aa .LOT SIZES: 3060 60' 7L 126' mlLm QA1ief1IT IS illit [MEMO OnMIN.LOT AREA: 10,000 S.F. ,Er-o INc,c 0000 .,PANL1 No.ee 50o0 D.m m 99 Eo Y0IV 19. a or toE FEDERAL ooDERAL EMERGENCY VAIWILUEx1 AGENCY.NANO..NANO..FLOOD INSURANCE ROW TRIO II1W9L•3' PR.G;RAM MM 1MMS PROPER,/IS an Roc.low'I-. e.r5 NO,A SPELNI ,2"° r1000 w1001 AREA.F w9 SCE 15 NOT w IDEN,NIEO SPECML 40000 xltlle NM 1r*0 IMAM NA0AR0 APU TINS FLOOD VAOLK.ODES N01 IMPLY 1.1 H[PROPER./ NCO ODA.x0 Oat TOD WIWI:1d M LOT MOTH AND/OR THE S0POC,W+ES THEREON..1 BE REE r ROOM. OP FLOOD. OWNER/DEVELOPER: suvVEYOP: E!,GINCER: COMM LOT Oat VAN}e' DAUAM.ON RARE OpGSKNS.C1.1.- 0L0D09x CAN 0AID 06E OCCURT AND rICOD �'� M l�a�lF+e.O M a of Ilei.O e.IE K. 1.0 KEY Lai Oat YAM b• H _N a uAE_wOE A D Gus[z. A[uL N, Mud ON w SwLI n0,<REAIE 1M80.m' TM PAM Or 1MT SURVEYOR. Il Vie) 1.4. raeA pop tF h(nq 1M- even It -awlr'1 mH.✓tr • CITY OF WYLIE Item No. F. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: Consent X Meeting of: November 9, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: November 2, 2004 Exhibits: Replat AGENDA SUBJECT: Consider and act upon a Replat for Woodlake Village Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 2, 2004 5 —0 to recommend approval. SUMMARY: This Replat will divide a retail lot into 2 retail lots and provide an access easement between the two. The Replat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. Financial Consideration- Development impact fees shall be paid at building permitting. APPROVED BY: Initial Date Department Director: CT \ 11/02/04 City Manager: 4264 \ 1 n.nat1040 r COUNT'Of COL. r ul.raa _ _ CMO.N �� ' O w"YbeWrb rWjhgaa'C•A.Ta..**b1 byiWwa.rY�=53•171r 1ACCT. In],•.aa.dl•.Y.y.aYaw.•r161r..4 i i .yrdl.•a10.;WIR191••C.W.bty,.tlYmbbCl4dW/Y.C4Cmy[Tar wybbl•aa kCi.•1,>•u.r. GO daml4RrsYdC6.Gq,rem IPtl.rlara f i Moons AI/COU,DIOW ALL 1/x UT Tna].]30ITA C Y•0,1M III j I i I i 4•ytA• Mc.. _ — AT,....au.4l.a.gy sl4•y,b.1r...0r iy*sod et am he.,WTW Cib•1ACCT • — Tie �- ——— NI ]MAO.04.•~rrl•� rW}rCicar,'.Twl..bLail Mar Y..4.114 'A c) Aule.s.V ,a to Or i%�� \1 , / iYri,non n..MI.C T. D.LCT. 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P.A.tra la L YslMwetC4 L,Ape 4.4 M,>lc Cr A.••.••1lrCm•a. G•r.,wwcnccr. �1 �--— Et \ ` wim��,, ]•f N III .•CydW..Ta• O. Oh r—_ \ � 0 rI gp N I _4,MI'lYW/ Ma•/ Y Gam>.Pp, AM,>A)Ater I .GD.®IWArW 4• //7.444/xrzmW I I Me.CydRf..ra. L� c— I..,,KM 3 7L V/ 7.4, n l I TM...•rw46ey.•.i•rda.,d."rarrrr••r•rr.•s.aw4•du a 'a.'L]A lulr YIr13V Na1•N']I'W I Cs.••••_osye�a. C�T.1,•.b•ca yraeamd.•••........a j \ I ...wdr.a•4 WAweaaay.a.1 sof B 41,4712y�IlW' I I g kondeotra•M• rc.•.ar•r..ru:-•—r••.1••.r.iy.o•.r�r art .1. I c� Gxa>.M•mi4;meet Jt"'I r• .0424*uan 1__e r_ a "'°,,.,*.44a ,1M xr'Iaew— •1•ooW.._4d xo. Wa ra••1 Cl 1 `1J Cy4er, Replat • qp Lo.IA-] CO,drily.• of • o Let Mat I I 7C.Ate La IR-1,abhC tom Ao• I I CW.4P.Xm I Lots 1R-3R1,1R-3R2,& 1R-4R r Asawlaa I I ,,,�, '.LL.T. I Block C ur>,wp•.r.m C•OR•la,>ACCT ...—e—pr•44e�_� 't"r — I Woodlake Village rb..]]Duo _ ��,__�. F-———_ — ' — _ _$_ being amist ofLots 1R-3•at 1Rd,Blodr C.W°°A.ke Village --1_—:=. ,————---':I .c an addition to the❑tyof Wylie,col lmColmty,Texas 1 I — — T].1l•1 x•rn.r.m•4.4rr.•.•••••4r]•r,4 R.46.4.ry as recorded in Cabinet P.Pigea 926&927 of the • 1 ow r....a d•,Y...Irp a•Y.t.•1 Faxner�a s Wet•r•o. Taulilooc. 1r1.11' Nas71o0•W ..,db.Yrba•4..YYa•ra. re••TO*. Phd Re.ardn uyCollin County,Texas-6345 Au=-Zoned CC MA. J .Y a1/w•yr• POUND MOW. Page 1 of 1-October 2004 State Highway 78 0117=W° " •Ain.a .::.:'s'cea•.20 "' JPH Land Surveying,Inc. L••f•wryx.Wl ITIiDbRs,M II• Db.Ta••7534. 400 INAe.a4.•1•..•}].40..r.TarlM Tt 01401 .1 P OrP.•.1 Ds.1O1lR.MA...Tq]DOCVI.]•IO MOT TO Bt WORM FOR ANT 1.1.10r Ti./T]li.>m • CITY OF WYLIE Item No. G. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: Consent X Meeting of: November 9, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: November 3, 2004 Exhibits: Preliminary Plat AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Watermark Estates Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted on October 19, 2004, 5 -0 to recommend approval. SUMMARY: This Preliminary Plat includes 14.78 acres and will create 43 single family lots. This plat also dedicates the 50 feet right-of-way for Troy Road. An alley waiver was approved by City Council on September 28, 2004. The Plat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. Financial Consideration-Development impact fees shall be paid at building permitting. 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' ''\‘''','''4....-2.1,:s.":1,1'::t. ---"4-". . j .1'IV‘‘I 3;1100. ! .......I''. • ' \\ ••.1,...‘,. )•.", .`... '',. --....t i ./,I-t ; ','.0....je" I ..- , t'... ''.1(.* % • \•-t,•t""'''''..... '."' t a' 1/ ,,, ...... ... ...... .... .. ...... , , ,,N\' . ‘1.1.4•`,....'" ,.....) r frill,-r-------fib, OW )...".• ( ( I a •ri aim elo a -..4•‘• ) ' , I 1 Wog •on.-Ws natio I,wee sod WNW la Oa.. O. orWowo ma Ilou Um a maga to rim ow toraaao too swat.iiia ' '' .../ NW..room. • .....,,. t ;In • .X.Ik‘ • ' / bo LIKE RAY HUODAIIV , 'II \ olowlool fee opprow 55 -14 F I ..ili ..",.. ,...,......--..,-:-_-:. &lin:1.1:W,A 2141111.016•111.111. OM IIIII Milk ."1, • *rano or tionanatta s I h \ t 11.11o,Ow &or,gay 01104,WO Ek -' N.. ...s PRELINEVARY PLAT FOR MEM PURPOSES ONLY WATERMARK ' \ 44 RESIDIU4'11.14.LOTS - 14.771e TOTAL ACRES LI.=,r.-1,7::,..:::..::.x.r.4.114.....-: , ZONED:SY-IC/19 aro.o.no gio 0 Nue son woroot a go COW Amon so Ono Og • ........ ....BLINGiv:P.....ARTLumzOf33:1 liammerl._91..._461A_,..01 4411i 411t 0'9' e ,re.,wd ono craw,or rasa laz.t000 iiiillooro Ak welit011 .oduatoo of ono..allo.Wo.gown, Wow sal sow wi moo IIW its ow soi on Tera LI.111 ee MI ION 4.110.111. Wthoor NOWIW Vo OW o W.W Owe O. WWII \ ollit,TRACT OP oot of fa MA ow ir ontlioWs ogrooss. L.B. OUTLAW PURVEY,ABSTRACT No. 173 111111,114 et UM tbli_../.. CM OP wruz.-10Clotott-omormr-snas e.., \ 1.-.1 Ria aierouro otto a loam.Tow loo wialkia OW • urean"ar OCT 2 1 2004 .-- —."— ' likOSOt=,..-," -------------;:-...z....„ CITY OF WYLIE Item No. H. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: X Meeting of: November 9, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: November 3, 2004 Exhibits: Final Plat AGENDA SUBJECT: Consider and act upon the withdrawal by the applicant of the Final Plat for Wylie Lakes, Phase 1A & 1B. The applicant has requested that the Plat be WITHDRAWN from consideration (see attached letter). RECOMMENDED ACTION: Accept withdrawal of the Plat. The Planning and Zoning Commission voted on October 19, 2004 5 —0 to recommend approval. SUMMARY: The applicant has decided not to move forward with the development, and requests that the Plat be withdrawn from consideration. This Preliminary Plat includes two phases and totals 49.517 acres and will create 149 single-family detached lots and 14 single-family attached lots. The Plat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. Infrastructure for the entire 49.5 acres must be constructed and accepted prior to issuance of a building permit for residences, rather than being constructed in phases. Financial considerations—Development impact fees shall be paid at building nermittina. APPROVED BY: Initial Date • Department Director: CT \ 11/03/04 City Manager: II1&( \ i/..f=ev 1 11/03/2004 17:07 9722481414 JONES & BOYD PAGE 02/02 ill ' '.; Jones & Boyd, Inc. II' a 17090 Dallas Parkway, Suite 200,Dallas,Texas 75248 • Engineering • Planning November 3, 2004 • Landscape Arcfnleccture Mr. Claude Thompson • Snroeying Development Services Department 2000 Highway 78 North Wylie,TX 75098 RE: Final Plat for Wylie Lakes,Phases IA and 1B Wylie,Texas JBI Project No.HOE 021 Mr. Thompson: Please withdraw the development application for the above referenced project. In addition,please withdraw the Final Plat for the Wylie Lakes from any agenda for Planning and Zoning and City Council meetings. Our client has decided not to move forward with this project. Thank you and do not hesitate to call me if you have any questions. Sincerely, JONES &BOYD, INC. 67,5 ;;: r_7 Jaime R.Beard,P.E. Project Manager JRB:lgg • Office: 972-248-767G • Fax: H:'\Projects1 HOE 021\Word\COR 110304_Clwdefiompeoadoo 972-248-1414 CITY OF WYLIE Item No. I. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular: Consent X Meeting of: November 9, 2004 Other: Department: Planning Prepared By: Renae' 011ie Date Prepared: November 2, 2004 Exhibits: Preliminary Plat AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Akin Addition. RECOMMENDED ACTION: The Planning and Zoning Commission voted on November 2, 2004 5 —0 to recommend approval. SUMMARY: This Preliminary Plat will create 6 single-family residential lots each exceeding 10,000 square feet in size and 1 lot for the existing elementary school. The Plat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. Financial Consideration- Development impact fees shall be paid at building permitting. APPROVED BY: Initial Date Department Director: CT \ 11/02/04 City Manager: \ //--4=/)Lf 1 Nwn F.!Res.113.6.. MY.115E PP 551 I ti ILPOR 0 F '. Slam 0,...PRee,I 1` m Cali.a M na r. �— .. •• 9Br24••41Y s55.7T, „ w », M. IItAS"11• 0 40 100 Jr/ / iinitii Rm400.0 / 7 TNl.,4• / *wile4, • 4115.II•N'w i n a i ry a b • ,SAN� 4T ■IP f WIT r.olt ' A.t5T5.00• 151.30' Rm700.00• / I f I J TmTI.fY' / a Ir1.0.55 AA,nvl i a-slar"5o•w A M• Foxwood i Y 1 Lan• > 1 -— --_J___�R Foxwood Y,�I V I ' lk loon e nO v 41..?,l , n la lee '^ Lot Block A, li N d Sao \\ .1i 7Ae Ix•• \ A ^ vstln MAP • t f j1 $ g o o t c 1 R ,...--, 1 ' iR i t • £ r,,, 15" i b .$ • — n 9i Ix. ir. i PV<PeC eat/ 1 lir 01 ik U'A.O.W.o.eYell,n 0; lL t¢.0• • `' uy (( I y • * WTI' HV.H' 6 1 IF s.eT' I dl 8�'100A1' 5 Springwood L a n • 1 Nec22•oo'w ." .. s45.5o' ' is:" 1 h f • I I I f o o t, 1 OF 2 I PRELIMINARY PLAT J I J AKIN ADDITION I Situated In The ) i I I I I FRANgSO Ds La PINA SURVEY OloOM ole' ABSTRACT No. 888 G^'4,Ni-215 WYUE, COWN COUNTY, TEXAS same 1 w71Y I "alma!0kA1e1 %l t•&Marl 51ree1 'MR.Teew 75006 TeMgwne 272 42/42000 Swam 11, T YaY, ,.AIM 73013 5010 TPNpSw•on 5]S 2511-t712 1krr.n14.r 1.2004 CITY OF WYLIE Item No. J. Staff Use Only CITY COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: November 9, 2004 Other: Department: Park and Recreation Prepared By: Robert Diaz Date Prepared: November 2, 2004 Exhibits: Vendor Registration Form AGENDA SUBJECT: Consider and act upon a request from the Wylie Baseball Association to sell concessions at Community Park during their tournament the weekend of November 12-14, 2004. RECOMMENDED ACTION: Staff Recommends approval. The Parks and Recreation Board approved the request at the regular October meeting, October 25, 2004. SUMMARY: This WBA is submitting a request for a special fundraiser at Community Park. Please reference their Vendor Registration Form for specifics. Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. APPROVED BY: Initial Date Department Director: RD \ 11-02-04 City Manager: IU4 \ //-J=Oy CI?ti' 4fll:i CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Wylie Baseball Association Location Community Park Address Po Box 755 Wylie,Texas 75098 Date(s) November 12-14,2005 Phone No.972-442-5021 Start Time 6:00 PM Alternate Phone No. End Time 10:00 PM Contact Person Name Matt Willis Number of Individuals Vending Items 1 Address 602 Butler Circle Target Audience baseball teams,youth,families Phone No.972-442-4851 Anticipated Number in Attendance at I 500 Alternate Phone No. Specific Items to be Sold Emergency Contact Name Ronnie Rogers Canned,bottled drinks,pre-packaged snacks,Pre-cooked Address 503 Hilltop Wylie,Texas 75098 sandwiches,hot-dogs,sausage,sliced/chopped beef. Phone No.972-442-3850 Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities,and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,tobaccos,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however,that this section shall not apply to any person,organizations,firms or corporations, or the agents of any person, or organization, firm or corporation,or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares,and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. K. Staff Use Only CITY COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: November 9, 2004 Other: Department: Park and Recreation Prepared By: Robert Diaz Date Prepared: November 2, 2004 Exhibits: Vendor Registration Form AGENDA SUBJECT: Consider and act upon a request from the Moms Club of Wylie for a spaghetti dinner fundraiser at the Bart Peddicord Community Center on January 22, 2005. RECOMMENDED ACTION: Staff Recommends approval. The Parks and Recreation Board approved the request at the regular October meeting, October 25, 2004. SUMMARY: The Moms Club of Wylie is submitting a request for a special fundraisers at the Bart Peddicord Community Center. Please reference their Vendor Registration Form for specifics. Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend,peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. APPROVED BY: Initial Date Department Director: RD \ 11/01/04 City Manager: 414i \ 1/=/--05' 4k?5 n� �lkk CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Moms Club of Wylie Location Bart Peddicord Community Center Address 3015 Eagle Mountain Drive Wylie, Texas 75098 Date(s) 1/22/2005 Phone No.214-474-0277 Start Time 2:00 PM Alternate Phone No. End Time 10:00 PM Contact Person Name Lori Simms Number of Individuals Vending Items 1 Address 3015 Eagle Mountian Wylie, TX 75098 Target Audience families Phone No.214-474-0277 Anticipated Number in Attendance at 300 Alternate Phone No. Specific Items to be Sold Emergency Contact Name Lori Wakeman Spaghetti dinner(Proposed price is$8 per person) Address 1309 Anchor Dr. Phone No.972-442-0150 Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. L. Staff Use Only CITY COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: November 9, 2004 Other: Department: Park and Recreation Prepared By: Robert Diaz Date Prepared: November 2, 2004 Exhibits: Vendor Registration Form AGENDA SUBJECT: Consider and act upon a request from the Blackland Prairie Playground Foundation to have "Spa Days"at the Bart Peddicord Community Center on January 8, 2005 and February 19, 2005. RECOMMENDED ACTION: Staff Recommends approval. The Parks and Recreation Board approved the request at the regular October meeting, October 25, 2004. SUMMARY: The Blackland Prairie Playground Foundation is submitting a request for a special fundraiser at the Bart Peddicord Community Center. Please reference their Vendor Registration Form for specifics. Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. APPROVED BY: Initial Date Department Director: RD \ 11/01/04 City Manager: 44,Z \ eFat oF�,�� CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Blackland Prairie Playground Foundation Location Bart Peddicord Community Center Address PO Box 484,Wylie,TX 75098 Date(s) January 8,2005 and February 19,2005 Phone No.972-672-4133 Start Time 8:00 AM Alternate Phone No. 972-442-0370 End Time 4:00 PM Contact Person Name Anne Hiney Number of Individuals Vending Items 5 Address 301 N.Cottonbelt Ave.Wylie,TX 75098 Target Audience Ladies in Wylie Phone No.972-672-4133 Anticipated Number in Attendance at 50 Alternate Phone No. 972-442-0370 Specific Items to be Sold Cosmetics,Spa Products, Emergency Contact Name Bill Hiney Candles, Desserts,Jewelry Address Same Phone No. Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars,tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. 1. City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: November 9, 2004 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: October 29, 2004 Exhibits: Service Plan, Area Map AGENDA SUBJECT: Hold the first of two Public Hearings for the annexation of a 66.194 acre tract out of the Francisco De La Pina Survey, Abstract#688, Collin County, Texas and generally located west of Stone Road, east of Kreymer. RECOMMENDED ACTION: Public Hearing only - no action required. SUMMARY: This annexation is at the request of the property owners. A zone change request is being processed concurrently with the annexation. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings October 27, 2004 First Public Hearing November 9, 2004 Second Public Hearing November 23, 2004 Adoption of Ordinance December 14, 2004 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. APPROVED BY: Initial Date Department Director: MM \ 11-01-04 City Manager: did4 \ //- 4''i CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA KREYMER TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 66.174 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one- half(4 1/2) years after that date. a J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10)years from the effective date of this Ordinance. 5 t , 1 i i i .._ ? . i 1 i - . ! ; . 1 : i . .. ; i • ; : i ; ,-.:- i 1 - ; ! ' 1 1 •,......... ; ; i ..,f,'----'-'-'-.:•./ ••--- - i ,.,---•.*;-:-.-.•••---' --------_„ i i 1 . ! i i i . .: , ,-_,...., i i i - , i . ; ; ... 1:.•-•::,:.‘i i i '-'f•-;-•-:..3 _ .. i ..._____________.________....._.._.._._ _ _ ._. • t a.... 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City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular X Meeting of: November 9, 2003 Other: Department: City Manager Prepared By: Mindy Manson Date Prepared: November 2, 2003 Agreement; City of Rowlett Ordinance; Exhibits: Map AGENDA SUBJECT: Consider and act upon an Agreement for the provision of Wastewater Services to a 4.68 tract outside the City of Wylie jurisdiction RECOMMENDED ACTION: Staff recommends approval. SUMMARY: The developers of a 19.4 acre tract of land in Rockwall County have requested City of Wylie wastewater services for a 4.68 portion of that tract which falls outside of Wylie's jurisdiction. The balance of the property inside Wylie City limits received zoning approval on September 14, 2004 for a residential development. Although the City of Rowlett released the entire 19 acres from their jurisdiction, Wylie was unable to annex the 4.68 acre tract due to the presence of the City of Garland city limits which separates the two tracts. As a result, the 4.68 tract does not currently fall within the jurisdiction of any of the surrounding municipalities. Wylie wastewater services will be provided to that portion of the development inside Wylie city limits and the developer desires to provide an equal level of service to all lots within the subdivision. The proposed Agreement establishes the 15% surcharge on the sewer rate as set out in the Wylie Code of Ordinances. APPROVED BY: Initial Date Department Director: MM \ 11/03/04 City Manager: i9847 WASTEWATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between WM WaterMark 19 L.L.C., a Texas limited liability company (hereinafter referred to as "Owner"), and City of Wylie, Texas, (hereinafter referred to as "City"). WHEREAS, the Owner owns an approximately 19.4551 acre parcel of land which lies jointly within various jurisdictions, more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, (hereinafter referred to as the "Property"); WHEREAS, the City owns and operates a sanitary sewer system (the "Sewer System") which collects, treats, and disposes of sewage and waste water from customers within its service area; WHEREAS, the General Partner of the Owner has found it to be in the best interest of the Owner to request that the City provide waste water collection, treatment and disposal service to residential uses on a 4.68 acre section of the Property through its Sewer System, more particularly described in Exhibit "B" attached hereto and incorporated herein for all purposes; and WHEREAS, the parties desire to establish the conditions and terms under which the City will provide waste water collection, treatment and disposal service through its Sewer System. NOW THEREFORE, for and in consideration for the mutual promises hereinafter expressed, and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties, the Owner and the City agree as follows: 1. Cost of Internal Sewer System. The Owner shall be responsible for the entire cost of the installation of a standard internal sewer system on the 4.68 acres in accordance with the standard design criteria of the City. 2. Service to the Property. The City agrees to collect, treat, and dispose of all sewage and waste water generated from the Property, other than heavy-industrial waste water or products. Any waste water collection, treatment and disposal services shall be consistent with the City's then existing policy relating to utility service provided by the City. The City agrees to use reasonable efforts to acquire and maintain waste water collection, treatment, and disposal capacity adequate to provide service to the Property as fully developed on the 4.68 acres. The Owner further agrees to maintain all sewer lines within the boundary of the Property at the Owner's sole expense. 3. Fees. Individual meters installed for the residential uses shall be read and fees calculated based on the City of Wylie rate. Per Appendix C, Section 1.03 (e) of the City of Wylie Code of Ordinances, rates for customers outside the corporate limits of the City of Wylie shall be at the rate of 115 percent of the rate charged customers inside the corporate limits of the city, including sewer pass-through fees. Sewer Flowage Agreement Page 1 of 4 Pages 4. Annexation. It is acknowledged by both parties that the execution of this Agreement shall in no way obligate the City to annex the Property. 5. Representations and Warranties of the City. The City represents that: a. The City is a home rule Texas municipal corporation and has the power to enter into and has taken all actions to date required to authorize this Agreement and to carry out its obligations hereunder. b. The City knows of no limitation, proceeding, initiative, referendum, investigation or threat of any of the same contesting the powers of the City or its officials with respect to this Agreement that has not been disclosed in writing to the Owner. c. The execution and delivery of this Agreement and the provision of Sewer service to the Property by the City as contemplated hereunder shall not (i) conflict with or contravene any law, order, rule or regulation applicable to the City or to the City's governing documents, (ii) result in a breach of any of the terms or provisions or constitute a default under any agreement or other instrument to which the City is a party or by which it may be bound or affected, (iii) permit any party to terminate any such agreement or instruments or to accelerate the maturity of any indebtedness or other obligation of the City. d. This Agreement constitutes a valid and binding obligation of the City, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principles, whether considered at law or in equity. The City will defend the validity of this Agreement in the event of any litigation arising hereunder that names the City as a party or which challenges the authority of the City to enter into or perform its obligations hereunder. 6. Representations and Warranties of the Owner. The Owner represents and warrants that: a. The Owner is a Texas limited liability company duly created and organized and validly existing under the laws of the State of Texas and has the legal capacity and authority to enter into and perform its obligations hereunder. b. The execution and delivery of this Agreement and the performance and observation of their terms, conditions and obligations have been duly and validly authorized by all necessary action on the Owner's part to make this Agreement valid and binding upon the Owner. Sewer Flowage Agreement Page 2 of 4 Pages c. The execution and delivery of this Agreement and the provision of sewer service to the Property by the City as contemplated hereunder, shall not ( i) conflict with or contravene any law, order, rule or regulation applicable to the Owner or to the Owner's governing documents, (ii) result in a breach of any of the terms or provisions or constitute a default under any agreement or other instrument to which the Owner is a party or by which it may be bound or affected, (iii) permit any party to terminate any such agreement or instruments or to accelerate the maturity of any indebtedness or other obligation of the Owner. 7. Notices. Any notice to be given hereunder by either party to the other party shall be in writing and may be affected by personal delivery or by sending said notices by registered or certified mail, return receipt requested, to the address set forth below. Notice shall be deemed given when deposited with the United States Postal Service with sufficient postage affixed. Any notice mailed to the City shall be delivered: City Manager City of Wylie 2000 Highway 78 North Wylie, Tx 75098 Any notice mailed to the Owner shall be addressed: WM WaterMark 19 L.L.C. 1771 International Parkway, Suite 127 Richardson, Texas 75081 With copy to: Gary J. Derer 15851 Dallas Parkway, Suite 720 Addison, Texas 75001 Any party may change the address for notice to it by giving notice of such change in accordance with the provisions of this paragraph. 8. Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained herein. Sewer Flowage Agreement Page 3 of 4 Pages 9. Entire Agreement. This Agreement, including any exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties relative to the subject matter of this Agreement. All prior agreements, covenants, representations, or warranties, whether oral or in writing, between the parties are merged herein. 10. Amendment. No amendment of this Agreement shall he effective unless and until it is duly approved by each party and reduced to a writing signed by the authorized representatives of the City and the Owner, respectively, which amendment shall incorporate this Agreement in every particular not otherwise changed by the amendment. 11. Governing Law. This Agreement shall he construed under and in accordance with the laws of the State of Texas and all obligations of the parties are expressly deemed performable in Collin County, Texas. 12. Venue.The obligations hereunder are performable in Collin County, Texas. 13. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the heirs, successors and assigns of the parties. 14. Assignability. Accept as otherwise set forth herein, the rights and obligations of the Parties hereunder may not be assigned without the prior written consent of the other Party. 15. Effective Date. This Agreement shall be effective from and after the date of due execution by all parties. IN WITNESS WHEREOF each of the parties has caused this Agreement to he executed by its duly authorized representatives in multiple copies, each of equal dignity, on the date or dates indicated below. Dated: November 9, 2004 CITY: The City of Wylie, Texas By: Its: Mayor Dated: OWNER: WM WaterMark 19 L.L.C. By: Its: Manager Sewer Flowage Agreement Page 4 of 4 Pages NOV-02-04 10 :37 AM CARGILL-CHESHIER 9726805166 P. 02 STATE OF TEXAS: EXHIBIT A COUNTY OF ROCKWALL: BEING a tract of land out of the L.B.OUTLAW SURVEY,ABSTRACT NO.173, and being a part of that land conveyed to Ishmael Leon Whitsell,and wife by deed dated November 20,1948 and recorded In Volume 44,Page 204 of the deed records of Rockwall County,Texas,and the West portion of that certain 40 acre tract of land conveyed by C.R.Kinser,et ux,to Lola M.Kinser by deed dated December 10, 1945 and recorded in Volume 40,page 591 he Deed Records of Rockwall County,Texas, and being described by metes and bounds as follows: BEGINNING at a 3/8" iron rod found near the center of Troy Road,said point being the Northwest corner of said Whitsell land; THENCE South 89 degrees 07 minutes East along the North line of said tract,a distance of 1,049.05 feet to a concrete monument for corner; THENCE South 09 degrees 08 minutes 19 seconds East,a distance of 302.45 feet to a concrete monument for corner; THENCE South 21 degrees 13 minutes 20 seconds West,a distance of 99.95 feet to a concrete monument for corner the Northwest corner of a called 32.90 acre tract conveyed to the City of Dallas by deed recorded in Volume 65, Page 560,Deed Records,Rockwall County,Texas; THENCE along the City of Dallas line es monumented: South 23 degrees 37 minutes 54 seconds West,157.26 feet to a concrete monument or corner; ti,l.q South 13 degrees 24 minutes 36 seconds East,185.58 feet to a concrete monument for 90 ACRES ME 580 corner; South 25 degrees 12 minutes 23 seconds West, 174.70 feet to a 5 4" iron rod found for corner; South 03 degrees 37 minutes 47 seconds East,327.90 feet to a concrete monument found for corner in the middle of the Old Rockwall Wylie Road the South line of said 40 acre tract,the Southwest corner of said 32.90 acre tract,said point also being in the South line of said L.B.Outlaw survey and the North line of the M.L.do E.M. Price Survey,Abstract No.257; THENCE North 88 degrees 46 minutes West with the South line of said 40 acre tract and said survey line a distance of 39.77 feet to a 54" iron rod found for corner; THENCE North 48 degrees 48 minutes 35 seconds West with the Southwest line of said 40 acre tract,and the Northwest line of called 28.15 acre tract conveyed to A.A. Iliya dated April 2, 1963 in Volume 67,Page 347,Deed Records,Dallas County, Texas a distance of 1,266.43 feet to a 5," iron rod found near the center of said Troy Road; THENCE North 00 degrees 50 minutes 41 seconds East with the said Road, a distance of 383.02 feet to the PLACE OF BEGINNING and containing 19A56 acres of land. NOV-04-04 01 :30 PM CARGILL-CHESHIER 9726805166 P. 02 EXHIBIT B STATE Of TEXAS COUNTY OF ROCKWALL: BEING a tract of land out of the L. B.OUTLAW SURVEY,ASTRACT NO. 173,and being a part of that land conveyed to Ishmael Leon Whitsell,and wife by deed dated November 20, 1948 and recorded in Volume 44,Page 204 of the deed records of Rockwall County,Texas,and the West portion of that certain 40 acre tract of land conveyed by C.R Kinser, ct ux,to Lola M.Kinser by deed dated December 10, 1945 and recorded in Volume 40,Page 591 of the Deed Records of Rockwall County,Texas,and being described by metes and bands a follows: COMMENCING a a 3/8"iron rod found near the canter of Troy Road,said point being the Northwest cornier of said Whitse]l land and being the Southwest comer of Surmise Beach Estates recorded in Cabinet A,Slide 53,Plat Records, Rockwall County,Texas; THENCE South 00 degrees 50 minutes 41 seoorxis West with the said Road,a distance of 383.02 feet; THENCE South 48 degrees 48 minuses 35 amends East with the Southwest Line of said 40 ace tract,and the Northwest Line of called 28.15 acre tract conveyed to AA Illya dated April 2, 1963 in Volume 67, Page 347, Deed Records, Dallas County, Texas a distance of 593.87 feet to the PLACE OF BEGINNING of this tract; THENCE North 65 degrees 18 mirages 04 seconds East along the Northwest tine of a 100 Easement to the City of Garland a distance of 632.95 feet to a''IA"iron rod set for corner in the Northwest line of a called 32.90 nett tract conveyed to the City of Dallas by deed recorded in Volume 65,Page 560,Deed Records,Rockwall Cony,Texas; THENCE along the City of Dallas line as monusnerlul: South 23 degrees 37 minutes 54 seconds West,15726 feet to a concrete monument for corner, South 13 degrees 24 minuses 36 seconds East,185.58 feet to a concrete monument for corner, South 25 degrees 12 minutes 23 seconds West,174.70 feet to a%'iron rod found for cameo; South 03 degrees 37 minutes 47 seconds East,327.90 feet to a concrete mansrtent found for corner the middle of the Old Rockwall Wylie Road the South line of said 40 ace tract,the Southwest corner of said 3290 acre tract,said point also being in the South line of said LB.Outlaw Survey and the North line of the M.L.&E.M.Price Survey,Abstract No.257; THENCE North 88 degrees 46 minutes West with the South line of said 40 acre tract and said awry line a distance of 39.77 feet to a'4"iron rod fanrd for comet; THENCE North 48 degrees 48 minutes 35 seconds West with the Southwest line of said 40 acre tract, and the Northwest line of called 28.15 ace tract conveyed to AA Illya dated April 2,1963 in Volume 67, Page 347, Deed Records, Dallas County, Texas a distance of 672.56 feet to the PLACE OF BEGINNING and containing 4.68 acres of lard. Item 7.E. CITY OF ROWLETT ORDINANCE 12-17-02L A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROWLETT, TEXAS, REDUCING THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ROWLETT OVER THE PROPERTY DESCRIBED IN EXHIBIT"A";AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain real property within the extraterritorial jurisdiction of the City of Rowlett has requested that the City Council release such property from its extraterritorial jurisdiction so that it may be annexed into the City of Wylie; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROWLETT,TEXAS: Section 1. That the real property described in Exhibit "A" and depicted in the hatched area in Exhibit `B" attached hereto and made part hereof for all purposes be, and the same is hereby, released from the extraterritorial jurisdiction of the City of Rowlett so that said property may be part of the extraterritorial jurisdiction of the City of Wylie and annexed into the City of Wylie as provided by law. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROWLETT,TEXAS THIS 17th DAY OF DECEMBER,2002. APPROVED: C.Shane Johnson,Mayo ATTEST: .:g. Ka smell,City Secretary ti 1- LILL— """--- le i APPRO ' 1 TO FORM: :, : ''-'° "'' / i. , - '11,, IR it Robert Hager, ici Attorney(1vi 1ro2J52291) NOV-02-04 10 : 10 AM CARGILL-CHESHIER 9726905166 P. 07 Exhibit for De-Annexation (In the L.B. Outlaw Survey,Abstract No. 173) (Note: This document was prepared under 22 TAC 663.21,does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.) Being a portion of a tract of land situated in the L.B. Outlaw Survey, Abstract No. 173 and being a part of that land conveyed to Ishmael Leon Whitsell, and wife by deed dated November 20, 1948 and recorded in Volume 44,Page 204 of the deed records of Rockwall County,Texas and the West portion of that certain 40 acre tract of land conveyed by C.R. Kinser, et ux,to Lola M.Kinser by deed dated December 10, 1945 and recorded in Volume 40,page 591 of the Deed Records of Rockwall County,Texas, said portion being shown on the attached exhibit prepared from a survey by Barry Rhodes dated January 26, 2002 and being all of that portion of land included on said exhibit lying South of the North line of a 100 foot easement to the City of Garland recorded in Volume 117,Page 231 and Volume 117,Page 239,Deed Records,Rockwall County,Texas,said land being further described as follows: COMMENCING at a 3/8"iron rod found near the center of Troy Road, said point being the Northwest corner of said Whitsell land; THENCE South 89 degrees 07 minutes East along the North line of said tract, a distance of 1,049.05 feet to a concrete monument for corner; THENCE South 09 degrees 08 minutes 19 seconds East, a distance of 302.45 feet to a concrete monument for corner; THENCE South 21 degrees 13 minutes 20 seconds West,a distance of 99.95 feet to a concrete monument for corner,the Northwest corner of a called 32.90 acre tract conveyed to the City of Dallas by deed recorded in Volume 65, Page 560,Deed Records, Rockwall County,Texas; THENCE along the City of Dallas line as monumented,South 23 degrees 37 minutes 54 seconds West,and a calculated distance of 120.93 feet to the North line of said 100 foot easement and the POINT OF BEGINNING; THENCE continuing along the City of Dallas line as monumented: South 23 degrees 37 minutes 54 seconds West,a calculated distance of 36.33 feet to a concrete monument for corner; Page 1 of 2 NOV-04-04 01 :31 PM CARGILL-CHESHIER 9726805166 P. 03 South 13 degrees 24 minutes 36 seconds East, 185.58 feet to a concrete monument for corner; South 25 degrees 12 minutes 23 seconds West, 174.70 feet to a `/i'iron rod found or corner; South 03 degrees 37 minutes 47 seconds East, 327.90 feet to a concrete monument found for corner in the middle of the Old Rockwall Wylie Road the South line of said 40 acre tract,the Southwest corner survey dandghe North line of he0 acre tract, said tnt also M.L. &E.M.in the South line of said L.B.OutlawY Price Survey,Abstract No. 257; THENCE North 88 degrees 46 minutes West with the South line of said 40 acre tract and said survey line a distance of 39.77 feet to a'/2"iron rod found for corner; THENCE North 48 degrees 48 minutes 35 seconds West with the Southwest line of said 40 acre tract, and the Northwest line of a called 28.15 acre tract conveyed to A.A.Iliya by deed dated April 2, 1963 in Volume 67,Page 347,Deed Records,Dallas County, Texas, a calculated distance of 658.01 feet to the North line of said 100 foot easement; Thence a calculated bearing of North 64 degrees 41 minutes 12 seconds East, and a calculated distance of 619.59 feet(centerline called N.64°58'47"E, 564.96)along the North line of said 100 foot easement to the POINT OF BEGINNING. Page 2of2 ,r,, �r s, �`ra; ATTACHMENT 1 Wytle -ift y. Es • f 1' • amP „ ini 44„.., COUNTY • COLLIN COUNTY �f/ 7 / 1 DALLAS COUNTY / ;+f •' —. Ewa � gyp, fr �A y W/,ImCT�ROPLIITY �_ ����Vim®�wb Wyb ,A� �A�f �k -A', 'it. 4 G RockwallRR�aII 67:---7-'-H. , 14 A • I ,. i 4 . N y,c.µa M1 4 4 Garland _g ;4 ti h �,. e� , \ CITY OF ` ' �� CURRENTLY IN ROWLETT ETJ �v ROWLETT I v� e' �__ I� \\ IJIL� . : ..• ,, CURRENTLY IN WYLIE ETJ aRil �l'�no `I ROWLETT M''U 116..14 CIA 0 0,0 12 Miles A t \ A /`�` �A C� ti C.II/ I '�' MAP PREPARED BY ROWLETT 618 OIVI610N s _ . r 1 ����' [ ,:\ ` = ,' ��I �1 � Lake r a ON MAY 27,20D2 FOR ANY IXIESTIONB �;o, � . , Ray Hubbard rv,o7zauela� r 1 �II� w� �.�rr='r" ! .. , ,;,,. �....... ' — NORTH n9w OouNalBJ aweTIES STAFF s 1118111 • �n R26 CCORONATIONNITH N CARTER IOU!!SUBJECT QTI®6TAFP Council Discussion Councilman Worley asked Mr. Roath if the ordinance was approved tonight would he compile a policy with outside smoking areas. Mr. Roath replied, yes he would. Councilman Trout asked Mr. Roath how many of the panel members were smokers. Mr. Roath replied that he could not say,as that was not a stipulation of choosing the panel. He went on to explain that the panel did speak to all departments as to where they would suggest placing the smoking areas. Councilwoman Allen stated that she was not in favor of any type of tobacco on city premises either indoors or in the atrium. She also stated that she would not want to see designations anywhere that the public had to cross to enter or exit the buildings. Councilman Trout stated that he felt designating areas outside the buildings would be too restrictive. Mr. Roath reiterated again that the purpose for this amendment was to include outside areas and designate those areas which would be appropriate. Council Action A motion was made by Councilman Trout, seconded by Councilman Newsom to deny the approval of Ordinance #2004-36 amending Ordinance 42001-23 and designating certain indoor/outdoor smoking areas by the City Manager. A vote was taken and passed 5-1 with Councilwoman Allen, Councilman Trout, Councilman Newsom, Councilman Young, and Mayor Pro Tem Hogue voting for the motion and Councilman Worley voting against the motion, with Mayor Mondy absent. I. Consider and act upon a Preliminary Plat for Akin Addition. (C. Thompson, Planning & Zoning Director) Staff Discussion Planning and Zoning Director Thompson addressed council stating that this Preliminary Plat will create 6 single- family residential lots and 1 lot for the existing elementary school. The Plat complies with the Subdivision Regulations and all pertinent code requirements of the City of Wylie. Mr. Thompson stated that an alley waiver had been granted on this plat at a previous meeting and all residential lots would be a minimum of 10,000 sq. ft. Council Discussion Councilman Trout stated that he felt the waiver of the alleys should not have been granted in the first place. Mr. Thompson stated that there were no alleys in the abutting developments. Councilman Trout stated that he was not in favor of waiving alleys due to traffic problems in areas that currently have no alleys. Councilman Worley asked if it was not the opinion of council, in the past, to allow alley waivers for lots that would be a minimum of 10,000 sq. ft. Mr. Thompson stated that staff does not encourage alleys for lots of 10,000 sq. ft and larger because all functions of alleys are accomplished by other measures and in the past,council has supported that opinion. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Preliminary Plat for the Akin Addition. A vote was taken and passed 4-2 with Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Worley, and Councilman Young voting for and Councilman Newsom and Councilman Trout voting against. Mayor Mondy was absent. Mayor Pro Tem Hogue asked for a 10 minute recess at 6:45 p.m. Mayor Pro Tem Hogue reconvened the meeting at 6:55 p.m. Public Hearing Minutes—November 9,2004 Wylie City Council Page 4 SMITH PUBLIC LIBRARY HIGHLIGHTS FOR FY 2003-2004 CITY ACTIVITIES 1 Staff Attended the City Employee Banquet. 2 Assisted with the City of Wylie's Reach for a Star Program. Waived fines from December 1 to December 15 for patrons who contributed toys to the program. Assisted with gift distribution. 3 Mignon Morse chaired the laser fiche committee. 4 Mignon Morse served as volunteer coordinator for the EOC during FY 2004. There was a drill in the spring and volunteers participated. 5 Mignon Morse participated in HOSTS at Hartman Elementary. LIBRARY OPERATIONS 1 Visited by 112,706 people during FY 2004 compared to 105,704 visits in FY 2003, a 7% increase. • Checked out 156,264 materials compared to 145,274 in FY 2003, an 8% increase. • Checked in 134,995 items compared to 118,369 check ins in FY 2003, a 13% increase. Answered 1851 reference questions. • Cataloged and classified 4292 new materials and 2275 donations which totaled 6567 items. Deleted 2491 materials that were worn and obsolete. .1 Registered 2315 new library card patrons compared to 2060 last year, a 13% increase. •2 •3 The Internet terminals in the Library were used 5069 hours in FY 2004 compared to 4446 hours in 2003, a 14% increase. •4 Received 19,948 hits on the library catalog and 4375 hits on the databases. •5 Recovered 130 materials at a value of$6992 through third notices. Lost 155 materials with a value of$6639. .6 Collected $10,977 in fines, copies, faxes, and lost and paid books. .1 Provided story times for 1837 people. Began offering two story times a week in January. The additional program was necessary to accommodate the story time crowds in the Bluebonnet Room. There were no story times in August. 5 Conducted an inventory and weeding project in August to prepare for migration. GRANTS AND STATE FUNDING 1 Received Loan Star Grant for $4069.00. Funds were used to purchase a computer and to pay for part-time salaries during the summer. PROMOTIONS, PROGRAMS, AND TOURS 6 Hosted Dog Month during October. The Library provided programs with Carlo the Police Dog and a Trick Dog. The Animal Control department had an adopt-a-pet at the Library. There was a Pet Parade at Story time on October 15th. The grand finale was the Tail Wagging Dog Show. Approximately 75 people attended the Dog Show. 7 Hosted Children's Book Week activities that featured a Pajama Story Time with popcorn for all the attendees. Mother Goose performed on November 18. There were 23 people who attended Pajama Story Time and 35 people who attended Mother Goose. 8 Spoke to sixty people at Dodd Elementary on November 6th. The program was to encourage ESL parents to use the library. 1 Hosted Winter Reading Club November 17 through February 24th. There were 147 people who participated in Winter Reading Club and 53 people attended the ending program featuring Boocoos the Clown. 2 Supported the Friends of the Library Greeting Card Page fundraiser by waiving fines if patrons donate to the Greeting Card Page. Fines were waived November 14th to 30tn 1 Hosted Santa Photos on December 7. 9 Hosted a program provided by Scrooge on December 16. There were 33 people who attended the program. 10 Hosted Mad Science on January 13th and 36 people attended the program. 11 Hosted a program performed by Catherine Whiteman in celebration of Black History Month. There were 16 people who attended the program. 12 Spoke to 75 high school freshmen students on library services on March 22 and 23. 13 Hosted a Stringed Instrument program provided by the Hunt Family, and 34 people attended the program. 14 Submitted FY 2005 Budget. Requested a new automation system and one full-time position. 1 Hosted program with Hodge Podge on April 20th to celebrate National Library Week. There were 37 people who attended the program. 2 Completed the Young Writer's Workshop. There were 11 people who attended each of the three sessions. The reception was on May 20, 2004.. There were 31 people who attended the program. 15 Hosted Senorita Margarita in celebration of Cinco De Mayo. There were 37 people who attended the program. 16 Performed Summer Reading Club promotional programs in May at four elementary schools to 2444 students. Hartman did not request a program. 17 Completed a successful Summer Reading Club program. There were 5759 people who attended the programs which is a 41% increase from last year. There were 925 registrations this year, a 32% increase over last year. 18 Spoke to fifty people (faculty and staff) at Cox Elementary on August 25, 2004. 19 Visited Hartman Elementary (450 students). Cox Elementary (415 students), Akin Elementary (548 students) and Dodd Elementary (683 students) to promote Library Card Month with Clinky the Clown. 20 Clinky did a book signing on September 13 at the Library, and approximately 40 people attended the program. 21 Hosted Friends of the Library Book Sale August 29 through September 3. Donna Shirley did an excellent job of sorting donations. The Friends made $300. 22 Hosted Petting Zoo on September 7th and 265 people attended the program. 1 Hosted a bounce house, face painting, and clown on September 28th. Approximately 188 people attended the event. 2 Attended City Council meeting on September 14. Rita Smith presented Council with new library cards with key tags. The Mayor presented Rita Smith with a plaque that proclaimed Rita Smith Day on September 30th and a gold plated library card. 3 The Library Advisory Board and the Friends of the Library hosted a reception in honor of Rita Smith on September 30th. Council proclaimed September 30, 2004, Rita Smith Day. There were approximately 150 people who attended the reception. The Wylie News ran a full page photo and announcement. PROFESSIONAL DEVELOPMENT 1 Attended all NETLS quarterly meetings. 2 Attended Public Library Association conference in Seattle, Washington. 3 Mignon Morse and Donna Shirley attended Texas Library Association Conference. 4 Attended Chamber Ambassador Lunch meetings. 5 All staff took a NETLS online course entitled Dealing with Difficult Patrons with Confidence. 6 Tricia Smith attended the Storytelling Festival in Denton.