Loading...
04-25-2006 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, April 25, 2006 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North John Mondy Mayor Eric Hogue Mayor ProTem Earl Newsom Place 1 Reta Allen Place 2 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mark B. Roath City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: wwnr.riJ lieteva.S.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation to 5th Six Weeks Star Students—Character Trait of"Fairness" CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. April 25,2006 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the April 11, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Final Plat for Greenway-78 Addition, creating 3 commercial lots, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). (M. Manson, Assistant City Manager) C. Consider, and act upon, Final Plat for Parkside Addition Phase 1, creating 116 single-family residential lots, generally located at the northwest corner of F.M. 544 and F.M. 1378. (M. Manson, Assistant City Manager) D. Consider, and act upon, Resolution No. 2006-11(R) suspending the May 30, 2006 effective date of the proposal by ATMOS Energy Corp to implement interim Gas Reliability Infrastructure Program Rate (GRIP) adjustments for gas utility investment in 2005; authorizing participation with the gas standing steering committee in a review and inquiry into the sufficiency of the filing and the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to the Company and Legal Counsel. (M. Roath, City Manager) REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2006-26 for the annexation of a 61.26 acre tract of land located in the Allen Atterbury Survey, Abstract No. 23, Collin County, Texas; generally located west of F.M. 544, north of Elm Road. (M. Manson, Assistant City Manager) Executive Summary This annexation request has been withdrawn by the applicant,the Skorburg Company. The subject property is located on the west side of F.M. 544, north of Braddock Place Development and east of Twin Lakes Subdivision. Public Hearings 2. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-27 amending the zoning from Agriculture (A) to Planned Development (PD) District to allow for single-family residential uses of varied densities, generally located south of Stone Road and west of F.M. 544. ZC 2006-07. (M. Manson, Assistant City Manager) Executive Summary The amendment of zoning request has been withdrawn by the applicant, the Skorburg Company. The subject property is located south of Stone Road and west of F.M. 544. The first hearing regarding annexation of the subject project was presented on March 28, 2006 with the final hearing held on April 4, 2006. This zoning case was subject to final acceptance of the annexation, which has also been withdrawn. April 25,2006 Wylie City Council Regular Meeting Agenda Page 3 of 4 3. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-28 establishing regulations governing the sale of alcoholic beverages. (M. Manson, Assistant City Manager) Executive Summary The City Attorney has recommended that the City of Wylie adopt regulations pertaining to the sale of alcoholic beverages prior to the May 13th election. Approval of this Ordinance would prevent individuals from exemption of local regulations should they apply for a State license prior to acceptance of the local ordinance. General Business 4. Consider, and act upon, Resolution No. 2006-12(R) authorizing the Rita and Truett Smith Library to donate surplus materials and circulation materials to the Friends of the Rita and Truett Smith Public Library, a not for profit organization. (R. Orozco) Executive Summary The Friends of the Rita and Truett Smith Public Library is a not for profit organization that participates in fundraising activities exclusively for the purpose of supporting the Rita and Truett Smith Public Library. The Friends have an ongoing book sale in the Library in which donated materials and selected material from the Library are sold. All material contributed by Library staff has been withdrawn from Library circulation according to the Collection Development Policy and CREW Method. Approval of this resolution would ensure that the Library operates in compliance with the Purchasing Manual of the City of Wylie. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORKSESSION City of Wylie and Wylie Economic Development Corporation Joint Work Session. • WEDC Operating Procedures • WEDC Accountability • WEDC Vision • WEDC plans for Hwy 78 (Kreymer to Lavon) • WEDC plans for Hwy 205 ADJOURNMENT April 25,2006 Wylie City Council Regular Meeting Agenda Page 4 of 4 CERTIFICATION I certify that this Notice of Meeting was posted on this 21s` day of April, 2006 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 was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed ite Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 11, 2006 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor pro tern Eric Hogue, Councilwoman Reta Allen, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Councilman Earl Newsom was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager and Planning Director, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Bruce Brisco, Elder at New Hope Christian Church of Wylie gave the invocation and Councilman White led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Theresa Reinhardt residing at 1022 Lowndes Lane, Wylie, Texas addressed Council stating that she was going to speak with the City Manager regarding only one street light on her street. She explained that when the development was built only one street light per 9 homes was required. Currently the requirement is for every 5 homes. She also commented that her son played soccer in Founders Park and desired to see an ordinance passed that would restrict smoking on City fields. Mayor Mondy directed the City Manager to address these issues with Ms. Reinhardt. Councilman Young asked City Manager Roath if there was an ordinance in place restricting smoking in City facilities. City Manager Roath stated that he would meet with Ms. Reinhardt and report back to Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. Minutes—April 11, 2006 Wylie City Council Page 1 A. Approval of the Minutes from the March 27, 2006 Joint Meeting, the March 28, 2006 Regular Meeting and the April 4, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat creating 85 single-family residential lots for Braddock Place Addition, Phase 1, subject property being generally located west of South Stone Road (Old F.M. 544) and south of Elm Drive. (M. Manson, Assistant City Manager) Minutes Correction Councilman Young stated that he had some corrections to the March 28, 2006 City Council Minutes. He asked if non clarification comments made could be stricken from the minutes. City Secretary Ehrlich stated that these comments were made and transcribed from the tape recording of the meeting. He also asked if information could be provided to Council regarding (Item #6) Ordinance No. 2006-21 regulating abatement of dangerous buildings, explaining who would police this ordinance and how many warnings would be written. Councilman Young asked if the addition of a question posed by Mayor Monday could be added to Item #10, page 10, under Council Discussion. Correction so noted and made: Mayor Month/ asked Councilman Young if it would be advantageous to have a new member on the WEDC Board to continue to address current issues of WEDC. Councilman Young replied yes it would. Council Action A motion was made by Mayor pro tern Hogue, seconded by Councilman Young to approve the Consent Agenda with the noted correction. A vote was taken and passed 6- 0 with Councilman Newsom absent. REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-23 amending the zoning from Community Retail (CR) to Community Retail with a Specific Use Permit (SUP) to allow for a hotel, generally located on the southeast corner of S.H. 78 and West Kirby Street. ZC 2006-05 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is located on the southeast corner of S.H. 78 and West Kirby Street. The applicant is requesting that the property be rezoned to allow for a hotel on one lot. She stated that 6 responses had been returned by property owners within 200 feet of the propose zoning change with 3 responding for and 3 responding against. The Planning and Zoning Commission voted to recommend denial (6-0)for the requested change in zoning on March 21, 2006. She explained that it would take a super majority (6 of 7 affirmative votes) of the City Council to approve this zoning change. Councilman Porter asked Ms. Manson what the staff recommendation was. She replied that staff recommended approval. Councilman Porter then asked Ms. Manson if there was a reason why P & Z voting to deny. Ms. Manson stated that it was not an appropriate use for the property and that there were other uses recommended in the zoning ordinance that would be better uses in a residential area. Minutes—April 11, 2006 Wylie City Council Page 2 Applicant Comments Pat Brandon Fussell (applicant) residing at 110 N. Harrison, San Augustine, Texas addressed Council stating that he was the President of Fussell Companies a development company specializing in hotels. He gave a short presentation showing some of the designs of completed hotels in areas within the United States. Council Discussion Mayor Mondy asked Mr. Fussell if his properties were age restrictive and if he built senior living facilities. Mr. Fussell stated that his company did not. He explained that Sanden, Extruders and Home Depot were the main focus of the proposed hotel. He explained that these facilities were senior friendly. Councilman Porter asked how many rooms would be available. Mr. Fussell stated there would be 49 rooms. He explained that this project was a mid to high end hotel proposal with room rates ranging around $65.00 per night. He stated that Occupancy taxes to the City should run somewhere around $50,000 to $70,000 per year with a 70% occupancy expectation. He commented that a survey was conducted by Bruce Walker, Source Strategies which showed that an average occupant would spend around $250.00 per day in town. Mr. Fussell also commented that the hotel would employee around 15-17 employees. Councilwoman Allen asked whether large trucks would be parking in and around the hotel. Mr. Fussell commented that with a cost of $65.00 per night, trucking companies would not be willing to stay at this price range hotel. Councilwoman Allen asked what type of hotel would be occupying the facility. Mr. Fussell stated that Best Choice would be their first choice or possibly La Quinta but that no hotel chain had committed to this project as the present time. He explained that his philosophy was to construct to at least 85% of the facilities before going out to acquire a hotel chain franchise for the facility. He stated that in doing this, there was cost savings to his company. Mayor pro tern Hogue asked if this zoning case went back to P & Z, what he would change to allow P & Z to approve this zoning case. Mr. Fussell explained that when preparing for the Planning and Zoning Commission, he had confidence based on conversations with pervious staff that this case would be smooth sailing. He stated that he did not take any information for presentation to the meeting and in the future would present this information. Public Hearing Mayor Mondy opened the Public Hearing at 6:30 p.m. Sandy Ward, residing at 910 Mardi Gras, Wylie, Texas spoke against the proposed zoning amendment for retail development. She stated that she had resided in the location since 1963 and found that much of the property surrounding the proposed site has become rental property and that is the reason that there is little opposition. She explained that crossing the intersection at Mardi Gras was a nightmare and she was thinking of requesting a light. She explained that with the development of a hotel, the traffic would only get worse. She stated that visibility of the hotel from the residential area was another issue. Henry Martinez, residing at 2121 Posey, Wylie, Texas spoke in favor of the proposed zoning amendment for retail development. He stated that last year his sister passed away and when family and friends came in from around the United States for the funeral, there was no where to stay in Wylie. He requested that City Council consider approving this zoning case. With no one else present to address Council, Mayor Mondy closed the Public Hearing at 6:35 p.m. Minutes—April 11, 2006 Wylie City Council Page 3 Council Action A motion was made by Councilman Porter, seconded by Councilman Young that Zoning Case 2006-05 be returned to the Planning and Zoning commission for reconsideration, at the request of the applicant. A vote was taken and passed 6-0. Councilman Newsom was absent. 2. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-24 amending the zoning from Agriculture (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (C.R. 389) and Forrest Ross Road. ZC 2006-06 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is located on the northeast corner of Lynda Lane and Forrest Ross Road. The applicant is requesting that the property be rezoned to allow for townhouse development. Staff has recommended approval. The Planning and Zoning Commission voted 4-2 to recommend denial for the requested change in zoning on March 21, 2006. Mayor Mondy asked if Planning and Zoning gave a reason for denial. Ms. Manson stated that there was some discussion regarding adjacent industrial zoning and the impact to WISD with the town homes and children enrolling in the school system. Applicant Discussion Mr. Alan Adkins residing at 7612 Roundrock Road, Dallas Texas addressed Council stating that this piece of property was a challenge due to its shape and size. He stated that he, as the owner of the property, had tried to trade the property to North Texas Municipal District, but the transaction was never completed. He stated that he had met with staff and they had recommended taking this application to Planning and Zoning Commission. He explained that he was optimistic regarding approval by P &Z and when this case was recommended for denial, his understanding for denial was because of the impact to the school system. Mr. Lawrence DeBerry residing at P. 0 Box 2589 Wylie, Texas addressed Council. Mr. DeBerry stated that he had compiled information regarding the impact on WISD with regard to the proposed townhomes. He presented a spread sheet showing the proposed number of townhomes and some statistics regarding other Wylie townhomes and the percentage of children residing at the present time. He stated that with 17 duplexes, the property taxes paid to the school district outweighed the expense for the percentage of children enrolling in the school system. Public Hearing Mayor Mondv opened the Public Hearing at 7:00 p.m. No one was present to address Council during the Public Hearing. Mayor Mondv closed the Public Hearing at 7:00 p.m. Council Discussion Mayor Mondy stated that he would be very frank in stating that some of the property within Wylie that was constructed years ago is now rental property. He explained that Wylie had rental property that was now deteriorating. Mr. DeBerry stated that he disagreed explaining that he owned rental property in Wylie and kept the property in good condition. Mayor Mondy then stated that the other side of the coin is; "what else Minutes—April 11, 2006 Wylie City Council Page 4 you can build on this piece of property"? Councilman Porter stated that if this type of development was not constructed he felt the property would stay vacant. Council Action A motion was made by Councilman Porter to approve Ordinance No. 2006-24 amending the zoning from Agriculture (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (C.R. 389) and Forrest Ross Road. ZC 2006-06. The motion died for lack of a second. Council Action A motion was made by Councilman White and seconded by Mayor pro tern Hogue to deny amending the zoning from Agriculture (AG) District to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (C.R. 389) and Forrest Ross Road. ZC 2006-06. A vote was taken and passed 5-1. Mayor Mondy, Mayor pro tern Hogue, Councilman White, Councilwoman Allen, and Councilman Young voting for and Councilman Porter voting against. Councilman Newsom was absent. 3. Conduct a Public Hearing on the updated Water and Wastewater Impact Fees. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that in accordance with Section 395 of the Local Government Code, the City Council adopted an Ordinance on February 28, 2006 establishing the date for a public hearing on the update Water and Wastewater Impact Fees. Public Hearing Mayor Mondy opened the Public Hearing at 7:05 p.m. No one was present to address Council during the Public Hearing. Mayor Mondy closed the Public Hearing at 7:05 p.m. Council Action No action was required by Council. General Business 4. Consider, and act upon, Ordinance No. 2006-25 amending Ordinance Nos. 90-10, 93-4, 97-4, and 2001-19 regarding Water and Wastewater Impact Fees to be assessed by the City of Wylie. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that in accordance with Section 395 of the Local Government Code, a public hearing was conducted to receive public comments on the updates to the Water and Wastewater Impact Fees. Approval of Ordinance No. 2006-25 would thereby amend Ordinance Nos. 90-10, 93-4, 97-4, and 2001-19. Minutes—April 11, 2006 Wylie City Council Page 5 Council Discussion Mayor Mondy asked Mr. Hoisted if the fees reflected the cost increases since this study was completed. Mr. Hoisted stated that the fees would cover the current cost of steel and concrete. He explained that this impact fee could be reviewed and amended at any time the Council wished. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Ordinance No. 2006-25 amending Ordinance Nos. 90-10, 93-4, 97-4 and 2001-19 regarding Water and Wastewater Impact Fees to be assessed by the City of Wylie. A vote was taken and passed 6-0. Councilman Newsom was absent. 5. Motion to Remove from the Table: Consider, and act upon, the appointment of a new member to the Wylie Economic Development Corporation Board, to fill the unexpired term. (S. Satterwhite, WEDC Executive Director) Tabled Item from March 28, 2006 Council Action A motion was made by Mayor pro tern Hogue to remove Item #5 from the table. Consensus of Council was to remove from the table and consider. Staff Comments Wylie Economic Development Executive Director Sam Satterwhite addressed Council stating that this item had been tabled from the March 28, 2006 City Council meeting. He explained that as per section 4.01 Board of Directors of the First Amended Bylaws of the Wylie Economic Development Corporation, the business and affairs of the Corporation and all corporate powers shall be exercised by or under the authority of the Board of Directors, appointed by the governing body of the City of Wylie. He asked that the Council appoint a new board member to fill the unexpired term of Gary Bowland. He explained that the WEDC Board Chairman was present to address Council WEDC Board Chair Comments WEDC Chairman Marvin Fuller addressed Council stating that he was requesting that the City Council appoint a board member to fill the unexpired term of Gary Bowland. Council Discussion Councilman Young asked Mr. Satterwhite if the appointment of a new board member would assist the board with several projects the board was currently working on. Mr. Satterwhite commented that it was always better to have more input and would be beneficial to the board. Councilman Young then asked if there was the danger of a spit vote with the number of members currently serving on the board. Mr. Satterwhite commented that there was. Mayor pro tern Hogue stated that if a board member was appointed, he requested a work session to set guidelines and tweak some procedures. He stated that in the next couple of weeks he and Councilwoman Allen would like to participate in a work session. Councilman Young agreed that a work session was needed with representatives from each entity. Councilwoman Allen stated that she would like to see a member appointed tonight to sit in on the work session. Minutes—April 11, 2006 Wylie City Council Page 6 Applicant Comments Mr. Mitch Herzog residing at 802 Forrest Edge Lane, Wyllie, Texas addressed Council stating that he had lived in the City for twelve years and also works in Wylie. He stated that he has had a passion for several years to serve on the WEDC."I feel I have a good understanding of what the City is striving to become in the next several years". He stated that he had a finance degree from Texas A & M University as well as an accounting degree and felt he was very qualified to serve on this board. Council Action A motion was made by Councilwoman Allen, seconded by Councilman Young to appoint Mitch Herzog to the Wylie Economic Development Corporation Board. A vote was taken and passed 6-0. Councilman Newsom was absent. Council Direction Mayor Mondy directed City Manager Roath to meet with WEDC Executive Director Satterwhite to schedule a work session within the next 60 days to discuss among other items; operating guidelines; reviewing the vision of the EDC and where it is going; sharing ideas regarding development of SH 78 from Kreymer to Lavon and SH 2O5. Councilman Porter asked for discussion regarding accountability. He also requested that all negotiations under consideration of the WEDC for not only large proposed business but small business as well be distributed to Council on a regular basis. 6. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District Board. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City of Wylie has two board members on the NTMWD Board; Mr. Harry Tibbals and Mr. Marvin Fuller. Mr. Fuller, whose term will expire May 31, 2006, has confirmed that he would be willing to serve another term. Council Discussion Mayor Mondy emphasized the importance of long term service on this board. He stated that the board guided the issues relating to the NTMWD and most members served for many years. Mr. Marvin Fuller, current board member was present to state the cities serving on the board. He explained that the NTMWD had the lowest rate for water in the state at the current time. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to re-appoint Marvin Fuller to the North Texas Municipal Water District Board. A vote was taken and passed 6-0. Councilman Newsom was absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Carole Ehrlich read the caption to Ordinance 2006-25 into the official record. Minutes—April 11, 2006 Wylie City Council Page 7 ADJOURNMENT With no further business before Council, a motion was made by Mayor pro tern Hogue to adjourn the meeting at 7:25 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—April 11, 2006 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: April 25, 2006 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 04/06/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Final Plat for Greenway — 78 Addition creating 3 commercial lots, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Recommendation Motion to approve Final Plat creating 3 commercial lots, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Discussion The property totals 8.300 acres and will create three commercial lots. Lot 1 is 1.843 acres in size, Lot 2 is 2.036 acres in size, and Lot 3 is 4.421 acres. Currently there exists 2 buildings on Lot 3 of the subject property, a one story block building to remain and a single story wood frame building to be removed. The property was the subject of a zoning case in 2004 (PD-2004-43). The PD allows for mixed retail and light industrial uses. A Site Plan was submitted and conditionally approved by the Planning and Zoning Commission on April 4, 2006. The building materials as submitted must conform to the ordinance or acquire a variance to Section 4.3 Architectural Design Requirements from Board of Adjustments. The Final Plat substantially conforms to the approved Conditions of the PD that state that the parcel along the frontage of F.M. 544 shall comply with all regulations of the Community Retail District. The back portion of the subject property shall comply with all regulations as set forth in the Industrial District of the Zoning Ordinance as adopted February 27, 2002. Approved By Initial Date Department Director City Manager //66 Page 1 of 1 CURE TABLE GI/NYE DELTA RAMS LENGTH TANGENT LY/01ROBfi1A1RO CHORD -_ __ __ __ __ -_ CI 9022'w' J0.00' }I.w' 70.13' S H22'02'E 28.37' - -- -- _ C2 90'22... 44A0' 69.40' 44.28' 5 44220Y E 6242' - _- -- C3 13m'33. 516.88' 11736 50.93' 5 woven.W 11711' F.M. HIGHWAY NO. 544 (W. KIRBY STREET) C4 725012" 44,00' 55.93' 32.46' 5 5401'50'W so.' CS 891601" 20.00' 31.33' 19.92' 5 45.33'5$.W 28.23' 05 N51'0T 4400' 41.87' 22.. 51758'28"W 40.31' (A VARIABLE WDiH RIGHT-6-WAT) C7 12713.29• 44.00' 97.70' 68.69' N 6111'14"W 78.83' 1.0214'00' CO 5623,30' 4400' 67.88' 4278' N 465716'E 61.35' 6-5.869.58' C9 691I'OY 20.00' 31.13' 19.72' N 4613'2Y E 28.06' 1,220.99. C 9 9022'w' MOO. 31.w' 2013' S H2202"E mow T,110 C,I 1255'os' 492.66' 111.13' ss.eo' S 119611•w 1106c ,�Na Wa IN 89'42'30'E S 8910'3Y E ., S 8603'30'E POINT OF c,z >25012' u ' 25.12' 14.78' S 5191'S0'W 23.75' jiII � /8' ' N84' 17.9. NE 26.70' S8747' 19.95' 5E 2625' -- r -- apt.7- 3' 10.30' 5W 18.32' __1--__ 19).9T 2J.02 �I:f6 1' 10.JI' W J5,8}' 8.7T ---6 19.f5' E8' ----- --1- T�,�7,1 C19 3650'26. ' 13615' 70.81' 5 20'40'01•W 133.55' 7 ow arenas MOWRY I CC. 385$26' 215.84' 1..32' 78.09' N 20'b'01'E 143.53' I Le OTT --- 5 02981B.J)' 0 21 354'38" 502.86 34.32' IIIr s 055T42.w 3432 r iwL.36J�.CASEMENT / ��N ro•49'96' , ,ra ,.r,J' I I�,e' MITIe`r.or 1 I / p Iw° �9. 9> TMs�n r \ 1 I I / E 5l s s run I I 100 R.O.W. 1 I 113 \ I I 5 0993'11'W >w 1 i j � 51.29'�� / /•��O6Y1'02'E 4 1 \! I II �1 LOT i t 1: / ' "'c�Ms un 9 I ry BLOCK A LINE TABLE THE GREENWAY ADDITION L,2631 1\ 1 o I / 1S 6(e'."n:s"�.n`"W"°11 I 1 +o w,ezON 1E LINE BEARING (CAB.0,PG.287) I 1 LOT 2 s oT2284"w 1/ I I 1,843 TABS I I t•*TM n I r 2(6 6.7010313 A5 ,I., 9 J t60,291 SF) I LOT 1 LI N 8193'16'W 15.00' I I IJ g L2 8658't2'w S.ao' I aSl w51'aa'E I I KIRBY 78 ADDITION L3 N 0193'46'E 169e' I �SSt9' I @��T, I (CAB.N.PG.411) La N o'56'i2"W 1500 I a rte L,E- J I III glr1g I __1303x .3 O Ls 5642.E 090' -- II6Tur I aI L5 s m5fi1z'E 500' g L7 N 0196..E 57.87 I 1 'Cr rx6 run $ LB 5 662549'E 15.00 '� /B 1/ 0?� L9 5 02m'16'W 205.91 I I I 9 N 07609"E I Po /Se LIO 5 241016'W 12415 W I S Ot•37'S]' 1/ �58 w' / // y Ai r IT 1 N 8811'WW I638 pp z.. ,r. 111 //$ /.� L123 N 02'0016'E 127.75' 1 I p l - r '+ ✓ /1,1 us N Oro01a"E_ 19,%' a7J i "' II % =' / L14 N 6912.02"W 191.93' w ,9c A oven N BT4804"w b .31805 -J C / ry '54'w'E 24 00' w(wL 9,k 2e7) 1 I-' 1------- _ '-w L16 5 69120$E 1499' 2I - / a4810'♦0' L17 5 0026'S6'W 9.00' I I Lw 1 -/ /v R+a52289' / L18 5 6912'02'E 177,1W I C ya ue N 02m'IB'E 107.91' II I/ I d ` I T 233.79' L20 x 675644.W 800' LOT 2 I I I I N 0293'SY E�/ 13Rv,'�iirsEq..n r�� / \�s 2e95'4Y W L21 N 02m'16'E 15.00' BLOCK A 1 el.9e' • CHK428.86/ / L22 N 070016"E 800' THE GRE AY ADDITION I I 1 tK __ -- /ix/ze. / L23 N 02m16•E 54.5fi' (CAB.0.PG.287) I I I y1 -- 71 070 W 210.16' /// l / 124 5 6759'44'E 1500' ] L25 $00Y8'00•W 25.35' I I 7I L s BB'33'w'E 17160' I I m '1y€Tj �/ / /,1apg L27 5 00'49'00'K 81.!I§'_ I m 3 / L25,N 89'33'w'W ,74.70' y+ L25 5 00'40'S5•W, WSW I I I f &ACRE$ a � // L 5 551231.W mew' (b1,555 SF) / / LJt N oY15']t'E 2Q'88' f N t0 tNu L32 5 B811w E 45' i I I jIt ^/T/��_ ructwc L33 N 0,Irsr"5514 E �75.91' I 1 I IP c 6 /// 0 030 r� ] /mil L34 N 0359'w•E 41.11' S 872Y02.E ,I �.I L35 N 09m,1•E 51.29' I y / Lb N 92.0829'E 7837 I�•�•� Q3 4.421 TA171E5 // // // '� I W-'. J7 559.33'w•E 18.42' a Iwo FOUND-it -� Irg'g (192.SG3 SF) / / /,14> / VYLIE N�'��r�': Lb 500'4990'W BO b' \'9�-Fp PO1 :��� : L39 N 8953'w'W 170.03' 2505192.24 .,/ IIWW Lao N OJ28'09'E 59 N' 1 (cW.) .2... / /�y // rll , ......Lal N w51'H'E 55.19' r 17w.5o63o g1 I / / /p 1ry \ /J L42 N OB'41'02•E 50,10' I / e LU 58911.00.E 149 b' WI / /`� / / �.e / /'/ L. S 00.40'55'W, 92N I // 'eq.', ./ L. 5 5512'02'W 19106' b / p L45 N 0225'31'E 2016@' I L47 s 402T3)'W ,551' I 1 1/2-INGN WOx \ �✓ / \/ ./5 • �i1� 1.49 L49 5 OOY9'00•w 7.90' I b .W1T•�rawo>, \ . / !LF 4' •� •# •S O 04 A L50 N 13910.511. s 707E 1�5�0' ( - / wr)5 5211'1B'W J/ aCwarr LEMAP )51 N 1027'ST E 357' \\ N B7S3'OY W1� � /' �� / (NOT TO SCALE) L52 5 689630.E 19.17 r I L53 5 wm'S8'W 13687' �Ja4 I � 11 ' .0_,I ///LSO 5 6294'S9'E 10.00' \ I 1�AmN(axo I /// 1189,18' W / N 6. \ I Tl 0224Y4'E /// SHEET 1 OF 2 Y I `23B' ../.`'YAT7(1RiEJSEE SHEET 2) PEAL AYPLATg ` o o ® QREENWAY - 78 3 LOTS i tom N 8.300 ACRES ti LOCATED IN THE CITY OF WYUE,TEXAS w9 °. ';',''w.....y'N.e.ww.ewe.w wxwn'WW..14. cw..-r..t 6wa aW 6ww wN IM - AND BEING OUT OF THE ! Wa..AW,w,ty0••01 .1 L.t,9..,.,.,..w.w Lr.,..wwN 1T:,w A9"a°0'u.s<r E aw ww 6neW eW LNw W..w*a,c.a.t6w•tA..,. (CAI r I EC.DAVIDSON SURVEY,ABSTRACT NO.287 "! J. mwo....e...,.t.,,,.r�a.r..n,„„„„,w rwu --- GRAPHIC 5uL -rttT A am 9n w Ave I...,t WI"w m r�LANE COLLM COUNTY.TEXAS a Srabg 0 w mree,by nwlw end Ow.•a wntu,wcxy DATE RECORDED: EAa1 m KOW CONSULnx0 Ex�CEERS w/.v-00LC08C.L.P. N,W vet N,.ww Www.W wwW w, 93 5x TEXAS. 7 20W,.5,E 2 r8*2,SLATE 100 Pacheco Koch Consulting.ngineers tp8[9 rw CABINET: PAGE: TF%AS,752w �s'1°° 32S COKOCr ROONEY COxinCT:WAN NWWwAr N.mtrNu4evwr. 0 L n PHONE:(072)235-3031 PHONE:(214)880-7009 GAG �NLL, 1',40' FEB.2006 2859-05.222 T I T' HATG)RJNE(SEE SHEET 1) 77� I /`g �pPp gip. LOT 3 / / 4A21 ACRES / .1}'V� BLOCRLOT 3A 092.563 SE) / W aP`' - E o r=ti G. THE GREENWAY ADDITON //Ss.D� '` ♦- / P tl� t (cpu.) cw/'�mdux�'��''c^tgT(CAB.0,PG.28T) N 02204"E rcuw, / - ///���� t-6� ---- �p 27238' i ,rctbt'6rr"iis run/�/' �L� /4-�` �,,W� I - ----RAE WC 120 • I // , pv� /- P. RMXIC SCALE W EE? // y I / / 7\ , . - l*P7 DWNPPS cf11.111011 01711, 1< e-, 3,1i (9 “mory pa pm,. Camp/OF pabuS LOWY Oa COLL., AIL PLY .ogaspaos. °r ; P.m r .goo�, �a d moo, *lot • �.w�u- .,r�.6.w... .r.,_.6 .:� a �b 14 w� «Len..Jr. I den. 1.0 Sot*.O.�r�.W.PM Mofy .%.1,..., .no MVO. � -._" ran „ _ .a W ra _ ,<......°far _ ,� a _ .�,,e ...�. *0 PenW. Ogn MT of .o..,.~°,,..C..Ca... - .�,... ". for*No.. ` . °.�z.._,�.,.-.:e 'moo�.n,.yp...gm.m,..w,. ....ft. ...»,n.... ,,M.La, .,..-. not r ° ,� . b y,.-«-..y)oft O.......Ma a.......«,k.W...a..a m .go w..h.:.r'ot.apx"..:o=Ma :.a PRELIMINARY 11� Me-a-Nog)_moor.n R..e OM Papa nr a.._w n.....ma, `tle w .TO'oat A......"r.�...w....u.�.r..b.a.-..low...."......I: ,�'1 M1°�+ ,`a".[�"eamm""sm.i w"x s .,...�.Po*low_«...a..:..,..ne m:......w..P:..... IMICE.e*P.M...ei....a..........,..a....,m«rot.....•...........go.r.fop(ot)oak .Roterp .°^'"`"..ego .'"°.'aft....'".:'°""..,..,Para._ O.*or*or ...:....am,.,,...,m :un; � ...,rv..,..... ..ww�... .._.....a..... 71._.said*ftC�K. • aN.�e..er,...•�n..an.-..wn.w...ranfoa"ern-ba..:.P MOP w w...w..ew+'Pent a:e..:.'P°,.r"°".: '1,.",r—:�+.r"..—o...'« a. non �'`:u+' " 'TIJ ...�.�a.w..:.sot.... rot... .Papa ego.,....A1"w go.s a y a a.an-",pane....ee"..mot .an.a"..g.go..._,..•.w°...."..am...of pow.. ,..G"r a goy","_. a!matt 0912 'I"a" °a.... 001•4.. L.°."�"""._.:"�.PAM 0.°":°^":: =5:3^ " ems. .. �tea`- "a'v°.."" ,00folod. :,ants..$ foot on ..'":low eft a:". .la Ma .mow.. ""....ft arpranftn. .........:.:..,...a "0,0: . Nod: """ ." rot ao....... Palo ., a. . ,Papa.." ..P al s• otr. arot.. �`.a o..� P;."..arna."....:.a µ....'pan_....,....a, goo moo, _la...r,...:..,...... ... . oar. . ...Pane."..., "`t .. goon". nano. foewS.*.,."w.ane." • „oogp ....go aa....a..tl.Men. . ^:. ,'°.:"� ... ..... "...., ., ...... N. _ on.MOM MY"" INOMOO*god .god of 2000 .".... �..» cap koondafoe..p.w....a_1.w......., an • ..,b ."".anw;"Y`..=1'a ..Pro n«r�" ^_ma11 a .aa'WSN..'...e.«.....platmoor..I.Co*1 A Papa re,aif.....a,a....:e. .. raw,eaa .,a xu .0._"t.. 4*eno% .. REN'[..P..go..,agoww«.A W.fo.aw.,.r,i_.. ."...Y.....n vAG W�""an« ..a bZ:V.'.. ""AS..' 'e;......'"..."..'" a..�...�.`m.`Gen" ..".-..low..,. b .....a... lift010 my..lob AP...w _even.,ra,.....:...ea.E...been,.of 2..39 foot a e In-.a..."..a. ..87der.w ..".I.5,...0,.. I .."..of 3.2h..L. ..�,a.-.. .-,.OE ro r . g000 e........., Foot°....a:0ru..,.a3/11- "._.,..".lob, »»..Pap.. ._ ANA.]foe..:27:...,,e_m.a..*1....e.,..of 301 foot"a v:-..._:a.A...b _ omagm coon. N P'p°.n1..rAFF a:..*I*M..fen p*, H,-I".Imo...TN',.." BLOW Men.. "Potto ME.`"`:.a.«... ° .,lot b.1.kr Moon to"%:."".•,.oporgems, ..."„ POSYa.pen..ae,I.aa...lLf_,W85A..N*Lfo„(a).a. .....i...._mnool °'^°.C+"...,..6."....a.".....:...«. .. N... �ELLWN3 a.... Coro."�a.MMOS t."alfr..a bon rod.a+ ...." .�,•cam "...,.low.a..:-"pang cu.."go..1: `m:K_ e:Lnd"'L..�..m:*"22.8..e...'a r...rrP-.._ ONSI.p..w.NSW""V4.a f aft. of ..: w,..........o.ti ,ow...:. 00...o.-P,afoa""°la-::.ion.....v..... ...,.."Pe..a a...",plea of"._ a. rot,.Sae..TO.,,."..._o.root.....,.of-rr foot"got.Pra or wawa 6 P. SHEET 2 OF 2 (FINAL PLOT 6 h GREENWAY - 78 A A 3 LOTS epns 8.300 ACRES CITY OF Wil.JE, / I. 'a.�;m....-,k*2 a O.°..."".aa a Nap...°2i 0.." L AND BEING OUT OF THE TEXAS 7 �....M Pen.MP*is u.a o�.p-ca 201,LA...a e EC. DAVIDSON SURVEY,ABSTRACT NO.267 R xw Pan WSJ a a.0.e..°.s..Col.Coo, rot:41 .".e..awti..an"...,.a." c..a:afo s.P.aarw, COWN COUNTY,TEXAS R ...��zap".mote ia r, DATE RECORDED: 1D1PAa1ECO Kaw CONSULS.ENGINEERS d2awbv-COLuudA Lv. t9 , . Vie.-,.,,,,.,,,,tu.e.,0a Paofr, NPachecoKoehCDnsultingEgineers NIA d3 ' ..pa rot.._ ..M"..n plat..op plum-.:. N. 1pRi i3%PWr siE. 000 2606rTlG E 0400 EV .WrxP. "t DP. 1te wa SAIL ,...W .n w. y CABINET: PAGE: MA' yjR6 PHONE:(922)L35-1031 PRONE:(OIL)880-]009" CRC,• ILL l b' FEB.3006 2559-05.222 'i Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: April 25, 2006 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 04/06/06 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Final Plat for Parkside Addition Phase I, creating 116 single-family residential lots, generally located at the northwest corner of F.M. 544 and F.M. 1378. Recommendation Motion to approve a Final Plat creating 116 single-family residential lots, generally located at the northwest corner of F.M. 544 and F.M. 1378. Discussion The property totals 76.6047 acres and will create 116 single-family residential lots and is part of the larger Parkside Addition Planned Development District (PD 2004-42) totaling 100.0994 acres. A large portion of this tract is occupied by the Muddy Creek Floodplain, including the Muddy Creek Reservoir, and therefore is not developable for urban uses. Lakefield Drive, a 65 feet wide east-west collector street, will connect to the existing Lakefield Drive at the western border of the subject property and the Lakeside Estates Subdivision to the west. The developer must extend Lakefield Drive eastward beyond the subject property's boundaries to connect with F.M. 1378 (Country Club Road). The Development Plan of the PD served as a preliminary plat and was approved by Council in 2004 (PD-2004- 42). 43.76 acres of public park dedicated to the City of Wylie, including the Muddy Creek Reservoir and 2 points of public access and trailheads for connection to a future trail system along Muddy Creek. Housing that backs on to the park must have visually-open wrought iron fences rather than wood stockade style fencing. The Final Plat substantially conforms to the approved Conditions of the PD that state residential lots shall not exceed 230 residential lots with a minimum lot size of 7,200 square feet and minimum dwelling size of 2,100 square feet with 35% of the total houses for the entire Subdivision exceeding 2,200 square feet. Approved By Initial Date Department Director City Manager AN VA2i Page 1 of 1 o ,H 60 30 0 60 120 f. y\ 1 J 1"= 60' e �2 Bearing for this plat are based on the deed P'"� ,,,, .:'.a - .r,*.. r_ ,_n'l �,.,,,[ „,.''„ „ ,, f thesubject tract as recorded;n (See Sheet 2 Of 4) I I I 120.08` I Vol a 5821,Page 1697(DRCC]) _ MATCHLINE - u^q ,,.�..,._ . .. �- ;, L,10,14 `H6 19 S,.y CITY OF WYLIE .N895854 E 1 ]9.52' J 72.87' ]2 8]• 71.8J'` J1 B]' 72 B7'rn'- 58.07• ]W 10.8% \'a 4� Huntington Drivcg 1h �]1.n' 60.60� 7r6,_ _Oa__ ]08. o ;^ I.4s� "'I Vol. 5852, Page 1279 145.09' 70.01 70 0,• 70.01' 70 01 70.0, 70000, _ \) 0,3 N89587547E_221.68' 1 u I m r y ,02' +o o _ w u 40 -.u 41 /� OR o4,, 12o.oe'_ o ^'N 37 o 38 "' 39 g u e ,� n'` >. 52.01'-55.00 55.00-5].9) I 8 '�- '- 8 8 "" ^.,. 35 g. 36 .a; 8u g`= roh 4 c M y29 �g 30 -hg 31 32 8u 33 Ne 34 0_ i �o� e zsBi o o 8 m 8 8 U i e( 22.04' o. /`/\ 31 n 8 e 8 g 8 m E E 25•Bl 41.2s o Zo 2 2 I I 2_ z F F m F 10.36' 10,84_ 10.64- -� /Iry y 's9< LAKESIDE 8 8 C58757'11T I 25' 25 22.88' J1.6]' •6J• L6• 1.6] 71.67' _71_67_I 61aaD�-7�4= 6°4-- �J+ /A/ t v e ESTATES ;35�S3avg33��3z zo.00 I L -- ------ - - - �1D ''2_, 8i 8 8 v 8 30 I CO it 586'J6'09'W �,n o N°2T19,2,j-W a Uf PHASE III E > 4 co - - Jcs.00' C29 ^x 2. IIH99' 8 Cab. N, Pg. 303 Ie z e 6975r1rE I"I DEWSBURY D, DRIVE 76� -,6.00 61.•7 b cai' I� 2 8 a 12000• H U)2.96 76.52 76.00' J1.28 -11.91' ,�W I 62.04' 55.03' 5,.9,' 8 I N w 1-80.III'-N 72.98' 72.98' 72.98 72.99 ]2.98 z _ 1226 I' eb T u'I" 62.04' S5.03' 29 9!V. 9 o 0 158E o _o v Q°. 12 ti c 58955'29'W `� i?. C 120.00' - 161.97' O h ,. 1 r- 3 W 25•BL 2 y N _. o N 10 u 1 t a ses50'31'E ei�e 8 -8 N N N 8 g u 9 g u t=I I x I 3 o s8757rt c w C 8 1 8 2 ,8 3 0 4 "'u 5 6 u 7 mU g`= 5C a`Q ro 120.00• I�1 A NIN _nn 55 8 8e 8� g .- 89 q� t ---yyy,o'VE 80 o 5 o, 37 8 28 8 NI I y 8' ln m F 14 :I' r' F 83.36' SB955'29'W g ya 1071E ]6.00• 36 e W C6 76.00 v 8 /moo' a 2 0 76.52• 76.00• n a 0 W 2 �(�^3i 5815]'II E I I 81.38' 71.66' 74.66' 74.66'\ 74.66' 74.66' 74.66' 60.� �' I- Q S b' 4 g N t„ er !V 120.00' 1 68.01' 59.72' 59.72' 59.72' - - 6670 bCT5 60.00 60.00' /_± O.J N e$ 271071E w I 59.72• 59.72' S9.72 59.J2' 4 16 5 -- o -. -, I n< 58953I9-WI ;n m �i - B/, 38 y-e I I W W 3 0 _'6 ©..g -o 8 v µ 16 "' 15 �'u 14 "'•_s 13 zs' 25' 120.00' o,I l]/ ^, 587•57'11'E • +8 w 18 eI c. 2Iy/ �`%� rz000' 91 try$ 27 y8 26 •*8 25 �8 24 do 23 8g 22 Nu 21 8u 20 08 19 8U o8u 17 8U $m gu_ g^1fo.0 ,, I ± 5 9.10' 1m1` J73J• I cI i N o 6 •8 N g u m m 25':L ] II I 8 f' $'� ri ^i 16.5' m--T 6b b?� se955'19-W U ker' g SBT 111E u 26 A I 2 15$L E E s oc. 6000-FOOD m b9 OD La Idge Li).h h 8N 108.09' e J a - - �o� 111.70' L6ese-�.aa -6Lo6 6 p6_�1 Q6'-BLQ6 - 1 D6_ +� 44 2 S16'13II E� CITY OF WYLIE 206J '` n 67J,' g �" s 58751�11'E^./ 5H6'38'09'W / 6 Vol. 5852, Page 1279 N8J;7234'W y /� y0E' 110.35' I �542 610-W C C5 - -�-. _ U 106.80• 1 • _ N I=ITO 10 g6 z�39 ' 25 1+ CENTRAL PARK E, u DRIVE 60 ooT 31 o• e _ 60.00' 60.00 60.00 J6 �40 s x 'i�� \} h ^ f. �00 a.45 59.JJ 99.JJ~ 59.]J 59.]J-59.13'� 59.]J 59.73 69.]3' 39.1J 60.0� �J,4Jf, �T 25'BL r I 3 '�' S\. ''' I g2 25 BL 20.78' 41 g u �' y gd ;e� 73 DIE t26 m y y o - 8. o -,, -.moo- m I 40 \��\ a eb 3 11023 a8 22 88 21 ?$ 20 ov 19 �g 18 85 17 "u 16 �W 15 8$ 14 "u 13 .g4 12 8u 11 �µ 10 .3 9 8. 8 7 STA N COORDINATES y 150E-1 24 c r o u g a g 4 m g m g m g•m ={` STATE PLANE COORDINATES T�P(A E 8 u g,��. g m "' N-7,056,326 N-7,b5B,S28 3 al Ie - g e m E-1,557.551 -2,557,551 5.90' YI- '* I n ' o f m 81 m O f SI.OJ' 5'J m --75'Ey 21.42' 71.75' 119.95' 51.03' �1]3�63' I I 60.00• 60.00' N8470' - 1�9.71' 1 1 677)' 61.57' 61.57' 61.57' 61.57' 61.57' 61.57' 61.57' 61-' /e39.IJ• 60.00' 60.00 60.00' 26`W _ 58638'09'W 540.83' DALLAS AREA RAPID TRANSIT !PLACE OF BEGINNING 1=911.25• Vol. 3424, Page 126 R=5679.58. T0456.48. L-917.01' F. M. 544 (120' ROW) CB=N88'46'08"W CL=910.03' l LEGEND FINAL PLAT i \ DE - Drainage Easement I I PARKSIDE PHASE I € BL - Building Line -1- 1-5'uE MOSES SPARKS SURVEY" ABSTRACT NO. 849 § UE - Public Utility Easement 5•uE-- s t I I CITY OF WYLIE, COLLIN COUNTY, TEXAS r e M - House to face this street I I OWNER' PARSONS WARNER, L.L.C. e '� 0 - N12 Iname Street I I - Name Change4825 Greenville Ave. ^- Suite 100- Dallas, Taxes 7520E -J L-- -�- 972.250.2325 .e, 1 O- 1/2" Iron pin with a cap ENGINEERING/SURVEYING/PLANNING stamped Tipton Eng., Inc. set 0- 1/2" Iron pin found I-,o'Public UtilityTIPTON ENGINEERING, INC. 4 Easement Typical Public Utility Easements NOTICE: Selling a portion of this addition by metes and ess0 Hroedwey Bhtl.-salts C-cerlead,7brea 7504.9 bounds Ise violation of City ordinance end state law end is 972.228.2887 subject to lines and withholding of utilities and building permits. 116 Lots-3,335,757 SF/76.5784 AC 3/1/06 /4741_ eJ $ LEGEND %e\ Yi , DE - Drainage Easement „„/ �� §3t I� E - Building Line 4%,N/// �I, UE - Public Utility Easement gir 1 ' . ', DE - House to face this street K /� _ Indicates Street Name Change g eo so do_ �l 1'=so'' Bearings for this plat are based on the deed QS - 1/2" Iron pin with a cap for me subject tract as recorded in ... ,,tor-__- stamped Tipton Eng., Inc. set volume 5821,Page 1697(ORCCT) ®- 1/2" Iron pin found I I I 1 6 I TCHLINE (gee Sheet 3 Of 4) „„,,,,,a, "� " I " -"7" -�" PARSONS-WARNER, L L C 1- I--SUE \ Vol. 5821, Page 1697 I SUE�I .. _ .� Exist 20'Sanitary Lot 1, Block X \ I Sewer easement ___ t� __ ___ - Volume 4720,Poge 7525 1----_ t Open Space/Oralnage Easement I I .369 1717' _i \ To be dedicated to the City of Wylie N8955'22'W 1.906,201 s0. ft. , --J I-----1_ 1�-- S` 43.7603 acres S� 6• �S92.J4'i' 4,•F L10'Public Utility STREET Easement s895NzrE 393.45' N e I Typical Public Utility Easements b �145.08' I I 248.37 U 75.6E - 1 i16 tig: _`xEFIE� \ \ I o 120.07'- /22.07'- I 102.J9' v1 0 ME OPLE TELEPHONE r,5et I I �� 6 SSB 3� �j sa'tiv a 50 • F`\ L,,9 \ n CC# 94- 054252 2 1 ,1 25 25,1 Ie 1 ,go 5 1cn 1 I Ne75Tn•w 3 H 21.n' PJ zsl o n NN89,55'29"E `< s87s7rrT I ^ 'to W 15.97' S RS• `sap. 82.49' 0 $ zzo0. r � �$I rzz7000•oE I Sy�tz \$ 0.cs V 4 p 1B2\� b LAKESIDE ESTATES ��� I a?J �'Naisrlf"W 8 3 4 zsB /© .'s> SF ��N•N \ , PHASE III W s87s7rrE e b 120.00' I I N l I f12.00' b's a, 2 0 tan Cab. N, Pg. 303 �. 8I 6 ��r ryo 3 �ti<\\ \' 'rP7tv$ Op3 to ,,m $ Cf4 m 2I.55\. �0'�9 :s ♦G 1nQ e�•a0 O t0 � fOVEI� li) I^ 8736' J1.66'36.97' s].09' 1J6.IY\ 1 122.32' 8809' �'7 ! '� 10 W N 587'57'11T :s.2.76 4532 ��j 17 �. \ V. Hideaway Ct. a I I e7Js --,-- \ 0 Iw 17000' N8f757„'W 71.63 71.62• 71.62' 7f.62• 71.62E P g 4 MI gf a II 1 W se9'44•o4'n z o _.zo - - 92.26\ ni =I h I. 9 'p 10 08 11 .,g 12 v' 13 Na 14 vg ar 16 e� 9 c5o 51257'rf•f rvl $o $ug U /o N5743.59T rzo.0o' II it n_n 8 e si _ 01qII^8. 2 �, E rC.t m 15'BL f __ BL ni 10.00' pO$ 5 �9qL 8e.92' 7J_43' 73.4J_ 73.4J� ]3.43• -7J_43_ 215- -113J7-..OJ 24.67' j15 !u 58757'17T I H i\, 'y15 V, 120.00' I _ o: _ C121S - /09/ \ 8 6 Izo' 8 PARKHURST COURT 78.2J 71/4 ]r,1 C7I1.f1'� ]1.14' ]1.f1 56.69' -J1.fir- -71.W 50.01• , w0 5875711•E 25'BL z 20/1.64• 0 1$ a `'.P moo. 1125' 201 ir- W -_ -.25.BL o -o f4.5J' o N , 20 1 s '�' �. 8 FINAL PLAT I" 7 j$ 28 h 8 27 . 8 26 v 8 25 v u 24 8 v 23 m 22 u. 21 g �-$• NH70'JS'E \ �, ", .,._ PARKSIDE PHASE I m N fl ','S'i N o o g 8 39 96' \ vertu ...r+ .,N $e Sa $t $ ,s'st 'I n MOSES SPARES SURVEY,, ABSTRACT NO. 849 • --1T0,08' F+-15'UE z^ g f C10 n' © U 86.19• o 179.sz 12.e7 7z.eT n.el� 72.BT 7z.ar se.o 53\ 7+.00' 7100' 101.24 s.,P,, CITY OF WYLIE, COLLIN COUNTY, TEXAS Huntington Drivel ' v"Ve93eaPE _ - 60.60T-70.94E io.es i0.e+ o '' 7o.e4T OWNER N8958'54`E 221.68' -1.. I�o i0.0i- 75.or io.or 0o.t1•-�70.R'-700001' toe.?. e 8 o 8 „� 41 PARSONS - WARNER, L.L.C. b 12o.0e'_ II'^^ ,W_ W o - 4 - 37 ^+k 38 v u 39 "'"�- 40 4925 Greenville Ave. Suite 100^- Dallas, Texas 75206 520f' SS.� 5500 5]97 ' $ w$ - -c: o v 35 0' 36 v- i u $'G 972.250.2925 _- 1 29 ^0 30 R$ 31 op 32 ou 33 34 g� $u i aswrr..15 BLe.nm...e women d we"ihw d .-n+ o_ 8 w $8 8 g" 8 g' F -eewl�.� 711 ENGINEERING/SURVEYING/PLANNING o P. • N $r4 Y zs'BL - ENGINEERING SURVEYING PLANNING . z g� L __ _ "' -= - 4�rr+t 71 TIPTON ENGINEERING, INC. 4 MATCHLINE (See Sheet 1 Of 4) er. bounds Selling a Pavan of this addition by meta:and 6330 Broadway Btu-Suite.29 c Garland.Texas 75043 bounds is a violation of City ordinance and sloes law and is 872.228.2Be7 subject to fines end withholding of utilities end building permits. 116 Lots-3,335,757 SF/76.5764 AC 3/27/06 14741 Lot 5 a b LAKE RANCH PHASE I ; �� Cabinet C, Page 193 DEBORAH J. MULCAHY it Lot 6 93-0073282 Lot 8-A N6936'B•E 003.75 tee so 0 roo aoo h 1"= 100' bry Bearings for this plot are based on the deed N for the subpct tract as recorded In =I I Volume 5821.Page 1697(DOCCO) t 87' LEGEND tt I Lot 7 I DE- Drainage Easement ^y .e. _ «... +i BL - Building Line ^I UE - Public Utility Easement I 'a I [ " rot A - House to face this street a THOMAS MANNEWITZ _ Indicates Street 11 92-0064130 A Name Change / � `" "' 58936S3'E 431.BI_ -- -- __ __ _ __� O_ 1/2" Iron pin with a cap R-J53 B89• I s1BAcr a air stamped Tipton Eng., Inc. set /`T=1783T r $ OF - 1/2" Iron pin found / CB-N30'41'08•E / // CL=318.56' zf 1 I 59°y I 0_ja; -— O 1. • to Lot 1 Block Xaa S/\ `� N2803337•W�\ ``�"^� rob ae0/car�io Space/Drainage Easement or wyl/e pCO p �- f— 5VE U1 16662' �;\` 1,906,201 s9. ft. �di. (b 5'UE W '*�Y p2", 43.7603 acres W N;q9 5A� \j'-tn, CO ill d-,870'29• �� - —_J L 1 R=585 00, PARSONS WARNER, L L C ta T=93.5T� _.. .ram Vol. 5821, Page 1697to I L tV r" CB-N09ro1'44•W r �---�- ----'--- STREET 10'Public Utility Easement C) CL-184.79'W " m Typical Public Utility Easements P1i/ V' N8937'29"W y 120.00' 8 N�I G-1537'33" \� „o-,ro s,,.w, T=117.15' P \ ,tu L-232.78' n• L'B=N8132'39•W e o' CL=232.03' .r ..r-� n°,>, ,-,�,.A .r.. - °"5'° ....,, FINAL PLAT h sheet 2 ) PARKSIDE PHASE I j/� ^''" of 4 - -- -- 4954• �_ �,r- E (See MOSES SPARKS SURVEY-, ABSTRACT NO. 849 N893125•W -- ----, ,' ,--- gym° °' . cM°'ATC �N CITY OF WYLIE, COLLIN COUNTY, TEXAS OWNER _. l'1—.7a PARSONS - WARNER, L.L.C. 4925 Greenville Ave. Suite 100- Dallas, Texas 75206 - a d 1.11- 972.250.2325 PIE TELEPHONE Lee' CC,f 94- 54252 Lee ENGINEERING/SURVEYING/PLANNING s) TIPTON ENGINEERING, INC. 4 - k a NOTICE: Selling a portion of this addition by metes and 6330 Broadway Blvd.-Suite C-Garland.Texas 75049 bounds is a violation of City ordinance and state law and Is 972.228.2987 subject to fines and withholding of utilities and building permits. 116 Lots-3,335,757 ST/76.5784 AC 9/27/06 f4741 STATE OF TEXAS )( CURVE TABLE NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: CURVE RADIUS DELTA TANGENT LENGTH CHORD BEARING COUNTY OF COLLIN Ci 50.00' 1633090" 45470.00' t42,71' 989' 54250'52"E )( 02 509.5' 1527'5' 262.97' 525.53, 25337' 54250'N8922°S2'E That,PARSONS-WARNER,L.L.C.,acting herein by and through ifs duly as PARKSIDE officer, CJ 5464,55' S2755' 262.97'2 52553'56777'N8922'06"E es hereby adopt e t plot designated therein oboes described property to PARKSIDE G 5459.56' 556'26" 284.55' 540.66'S6]77'N89'36'10"E OWNERS CERTIFICATE PHASE 7,an addition a the City ht Wylie, Texas and does hereby dedicate to the public CS 5159.58' S'40'26" 270.55' S40.66'540.N',N8928'11'E e forever the easements and rights-of-way os shown thereon. The easements shown C6 5339.58' 5'40'48" 264.88' 529.33'529.11'N8978'33"E s ereon are hereby reserved for the purposes as Indicated. No buildings, fences, trees, C7 5219.58' 5YI'10" 259.21' S1800'517.78'N8928'44'6 4741-0C hrubs or other improvements or growths shells be constructed or placed upon,overCO SI94.5B' S3Y4]' 270.56' S40.64'540.39'NB9'J7'03'E WHEREAS,Parsons- Warner,L.L.C.,is the owner of a tract of land situated in the Moses Sparks Survey,Abstract cross the easements and right-of-ways a hown. Said utility easements being hereby Cel 5169.58' S'47'T0' 51327'513.06'N8928'49'E No,849,City of Wylie,Collin County, Texas, the subject tract being a portion of a tract of land conveyed to trued for the mutual use and accommodation of all public utilities desiring to useor CIO 5049.58' 5YI'4J" 256.85'251.18' 513.94'501,73'N8929'01"E Parsons- Warner,L.L.C.,a cording to the deed recorded in Volume 5821,Page 1697 of the deed records of Collin sing some unless otherwise specified. All and any public utility shall have the hill right to CIt 4929.58' 5'42'0H' 245.31' 490.94'490.41'N892913T County, Texas(DRCCT), the subjecttract being more particularly described as follows; emove and keep removed all or ports of any buildings,fences,frees,shrubs orother improvements or growth which may in any troy endanger or interfere with the construction, C12 4904.58' 559'45" 256.86' 513.25'513.01'N86,38''01T BEGINNING at o point on the north line of a tract of land con veyed to Dallas Area Ropid Transit,according to the maintenance or efficiency of its respective system on the utility easement and all public C13 4879,58' 5'42'19" 24314' 485.89',485.69'N8929'18'E deed recorded in Volume 3424,Poge 726(DRCCT),saki point being the southeast corner of said Parsons- Warner, utilities shall all times have the full right o/ingress and egress to or from and upon the CI4 1759.58' 3'47'36' 157.85' 37558'J15.51'N98'32'07"E L.L.C. tract,said point further being the Southwest corner of a tract of land conveyed to the City of Wylie sold utility easement for the purposes of removing all or part of Its respective systems C15 50.00' '80'00'00' INi1NITE' 157.08'10000'S830YT2'E, according to the deed recorded in Volume 5852,Page 1279(DRCCT); without the necessity of any time procuring the permission of anyone. C16 600.00' 294'17' 1085' 21,69' 21.69' N8852'19"W C17 60000' 4821'52' 269.43' 506.47'491.57'N5495'37'W THENCE,olong the common line of the south line of said Parsons- Warner,L.L.C. tract and the north line of said C18 ,632.50' 595646' 365/5' 662,31'632,46'N5954'3419 Dallas Area Rapid Transit tract the following; C19 66500' 5959'46" 383,91' 696.34'664.96'N5954'34"W WITNESS MY HAND this day of ,2005. C20 50.00' 270'00'00" 50.00' 235,62' 70.71' N4821'51'6 S 86'38'09'W,a distance of 540.83 feet; 021 665.00' 2419'03" 14328' 282.24'280.13'542'04'12'E C22 632,50' 35'49'11' 204.0 39545'389.04'6474922T Along o tangent curve to the right having a central angle of 9'11'25",a radius of 5679.58 feet,and a chord of PARSONS- WARNER,L.L.C. C23 60000' 3424'38' 185,79' 36035'354.95'54797.00'E N 88'46'08'W-910.03 feet,on arc distance of 911.01 feet; C24 665.00' 827'13' 49.15' 9812' 9803' 562'46'03'E C25 215.00' 3/71'23' 63.19' 123.20' 111.67 51636415W N 84'10'26"W,a distance of 51.03 feet; C26 250.00' 33Y2'18' 75.73' 147.07'144.95'576Y6'38"6 By C27 275,00',1827'41' 44,69' 88.61' 8623' 52279'19'W THENCE,along the east line of Lakeside Estates Phase III,on addition to the City of Wylie according to the filed C28 275.00' 21547' 6.63' 1526' 13.26' 5011623"W plat recorded In Cabinet N,Page 303(DRCCT)the following; C29 975.00' 150'18' 15.64' 31.28' 31.28' 58733'18"6 030 100000' 327'37" 3021' 60.39' 60.39' 58821'58'6 N 02.55'22'E,a distance of 567.94 feet; C31 1025.00' 21821' 20.6,3' 41,25' 41.25' 587'47'19"W N 89.58'54'E,a distance of 117.68 feet THE STATE OF TEXAS )( 032 50.00' 16077''3" 290.24' 140.02' 9855' N431649'E N Or 02'49"E,a distance of 656.69 feet; COUNTY OF )( CERTIFICATE OF COMPLETION THENCE,along the north line of Lakefield Drive(e 65'right of way)the following: N 89'55'22'W.a distance of 369.17 feet; BEFORE ME,the undersigned authority,on this day personally appeared whose name is 'Recommended for Approval' subscribed to the foregoing instrument and acknowledged to me that the same was the act Around a non-tangent curve to the left having o central angle of 15'57'33 a radius of 835.71 feet,and o of said PARSONS-WARNER,L.L.C.,and that he executed the same es the act of such chord of N 81.52'39"W-232.03 feet,en arc distance of 232.78 feet; partnership for the purposes and consideration therein expressed and in the capacity therein stated. Chairman Planning&Zoning Commission Date N 89.51'25"W.a distance of 49.54 feet; City of Wylie, Texas THENCE.N 15'04'47"E.a distance of 140.94 feet; GIVEN UNDER MY HAND SEAL OF OFFICE, this day of ,2006. 'Approved for CmstrucNon' THENCE.N 00'02'31'E,a distance of 175.88 feet; THENCE,N 89'57'29'W,a distance of 120.00 feet; THENCE,N 00.02'31'E.a distance of 42.86 feet; Notary Public in and for the State of Texas - Meyer.city of Wylie,texas Date THENCE,around a tangent curve ve to the left having a central angle of 78'10'29',a radius of 585.00 feet.and a chord of N 09'02'44'W- 184.79 feet,en arc distance of 185.57 feet; SURVEYORS CERTIFICATE 'Accepted' THENCE,N 71.52'02'E,a distance of 129.54 feet; I,DARREN K.BROWN,Registered Professional Land Surveyor for Tipton Engineering,Inc.,do THENCE,N 28'03'Jr W,a distance of 163.62 feet; hereby certify that the plot shown hereon accurately represents the results of on on-the-ground survey made in September.2004,under my direction and superOsion,and further certify that all Mayor.City of Wylie, Texas Date corners are s shown thereon,and that said plat has been prepared in accordance with the THENCE,N 31.20'52'W,a distance of 142.00 feet; plotting rules and regulations of the City of Wylie, Texas; THENCE,N 58'39'08'E,a dlstonce of 107.79 feet; The undersigned, the City Secretory of the City, Wylie, Texas,hereby certifies that the foregoing final Dote: This the Day of ,2006. plot of the PARKSIDE PHASE I subdivision or addition to the City of Wylie was submitted to the City THENCE,N 00'03'77'E,a dlstonce of 105.42 feet; Council on the day of ,2006.and the Council,by formal action. then and there accepted the dedication of streets,parks,easements,public places,and wafer and sewer lines as THENCE,S 89'56'53"E,alongthe south line of a trod of land conveyed to Thomas Mannewitz according to the shoes end set forth in and upon said plot and said Council further authorized the Mayor to note the 9 TIPTON ENGINEERING,INC. acceptance thereof by signing his nameherein bowsubscribed deed recorded in County Clerk No.92-00641J0(DRCCT),a distance of 434.81 feet THENCE,N 00.03'27'W,along the east line of sold Mannewitz tract and along the east line of Lot 7 of Lake DARREN K.BROWN NITNESS my hand this day of 2006. Ranch Estates,on addition to the City of Wylie,according to the file plat recorded in Cabinet C.Page 193(DRCCT), Registered Professional land Surveyor a distance of 416.62 feet No.5252 THENCE,N 89'58'48'E,along the south lines of Lots 5-7 of sold Lake Ranch Estates a distance of 1003.75 THE STATE OF TEXAS City Secretary feet; )( City of Wylie,Texas THENCE,S 03.57'09'W,a distance of 262.15 feet; COUNTY OF DALLAS )( FINAL PLAT THENCE,along o tangent curve to the right having a central angle of 53.29'59",a radius of 35388 feet,and a PARKSIDE PHASE I chord of N 30'42'08"E 318.56 feet,an arc distance of 330.44 feet; BEFORE ME, the undersigned authority,on this day personally appeared Darren K. Brown, whose name is subscribed to the foregoing instrument and acknowledged to me MOSES SPARKS SURVEY ABSTRACT NO. 849 THENCE,S 59.35'57"W.a distance of 455.31 feet; and the he executed the act saidt Oct of such ENGINEERING,INC., for thexos purp�s Corporation, CITY OF WYLIE, COLLIN COUNTY, TEXAS THENCE,S 50'01'It'E,a distance of 35493 feet; consideration therein expressed,and In the capacity therein stated. OWNER THENCE,S 34•16'23"E,a distance of 484.02 feet, PARSONS - WARNER, L.L.C. THENCE,S 53'26'39'E,a distance 534.68 feet; GIVEN UNDER MY HAND SEAL OF OFFICE, this day of ,2006. 4925 Greenville Ave.^ Suite 100" Dallas, Texas 75206 972.250.2325 THENCE,N 89.55'29"E,o distance of 82.49 feet; �! ENGINEERING/SURVEYING/PLANNING 4 /- TIPTON ENGINEERING. INC. THENCE,S 00.04'31"E,a distance of -Suite C-Garland,Terse 76043 of lon6 feet to the PLACE OF BEGINNING with the subject tract containing Notary Public in and for the State of Texas 6930 Broadway Blvd. 3.335.757 square feet or 76.5784 acres of fond.. 972.226.2967 116 Lots-3,335,757 SF/76.5784 AC 3/27/06 14741 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: April 25, 2006 Item Number: D Department: City Manager (City Secretary's Use Only) Prepared By: Mark B. Roath Account Code: Date Prepared: April 16, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Resolution No. 2006-11(R) suspending the May 30, 2006 effective date of the proposal by ATMOS Energy Corp to implement interim Gas Reliability Infrastructure Program Rate (GRIP) adjustments for gas utility investment in 2005; authorizing participation with the gas standing steering committee in a review and inquiry into the sufficiency of the filing and the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to the Company and Legal Counsel. Recommendation Motion to approve Resolution No. 2006-11(R) suspending the May 30, 2006 effective date of the proposal by ATMOS Energy Corp to implement interim Gas Reliability Infrastructure Program Rate (GRIP) adjustments for gas utility investment in 2005. Discussion The law mandates that a Gas Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty (60) days following the filing. The effective date may be suspended by a city for 45 days. If the City does not take action to suspend the filing, the Company may begin implementing a monthly surcharge ($0.51 on all residential customers, $1.75 for commercial customers, and $78.47 for industrial customers) on or after May 30, 2006. This resolution suspends the effective date to the maximum extent permitted by law to allow the City to determine whether the surcharge is reasonable. An explanation of the Resolution paragraphs is as follows: 1. A city is authorized to suspend the effective date for 45 days; the resolution refers to a suspension "for the maximum period allowed by law" rather than a specific date. 2. This paragraph authorizes participation with the Gas Standing Steering Committee and coordinated control over legal counsel and consultants. 3. This paragraph authorizes the intervention of the city, assuming it is recommended by the Gas Standing Steering Committee. 4. Texas law requires utility companies to reimburse cities for all costs (legal and consulting) associated Page 1 of 2 Page 2 of 2 with ratemaking, whether the case is initiated by the utility or a regulatory authority. 5. This paragraph directs that a copy of the sign resolution be sent to a representative of the Company and legal counsel for the Gas Standing Steering Committee. Approved By Initial Date Department Director City Manager fate RESOLUTION NO. 2006-11(R) A RESOLUTION BY THE CITY OF WYLIE, TEXAS SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS,the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division, ("Atmos Mid-Tex" or"the Company") and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") on or about March 30, 2006, proposing to implement interim rate adjustments ("GRIP rate increases"), pursuant to Texas Utilities Code § 104.301, on all customers served by Atmos Mid-Tex, effective May 30, 2006; and WHEREAS, a recent rate investigation conducted by consultants for the Gas Standing Steering Committee has indicated that Atmos Mid-Tex is already collecting sufficient revenues to earn its allowed return and does not require a GRIP surcharge; and WHEREAS, the sufficiency of the filing by Atmos Mid-Tex and its compliance with statutory mandates is in question and needs to be determined; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases; and WHEREAS, the City and its residents could benefit from coordination with the Gas Standing Steering Committee in a review of the reasonableness of the proposed GRIP rate increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP rate increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: 1. The May 30, 2006, effective date of the GRIP rate increases proposed by Atmos Mid-Tex is hereby suspended for the maximum period allowed by law to permit adequate time to investigate the sufficiency of the GRIP Rate Increase filing, review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. 2. The City is authorized to cooperate with the Gas Standing Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP rate increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP rate increases. 3. The City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP rate increases. 4. Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP rate increases. 5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to the Gas Standing Steering Committee, at Lloyd Gosselink, 816 Congress Avenue, Suite 1900, Austin, Texas 78701. THIS RESOLUTION IS HEREBY INTRODUCED AND ADOPTED by the City of Wylie at its regular meeting held on the 25th day of April, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: April 25, 2006 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: April 17, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2006-26 for the annexation of a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas; generally located west of F.M. 544, north of Elm Road. Recommendation Motion to accept the request of withdrawal submitted by the Skorburg Company. Discussion The applicant has withdrawn the request for annexation, and associated zoning, per the attached letter dated April 17, 2006. The subject property is located on the west side of F.M. 544, north of the recently approved Braddock Place development (the Rice property) and east of the Twin Lakes Subdivision. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 15, 2006 First Public Hearing March 28, 2006 Second Public Hearing April 4, 2006 Approved By Initial Date Department Director /044 Vbi h4 City Manager Page 1 of 1 APR-1$-2006(TUE) 21 07 Skorburg Company (FAX)469 916 9713 P. 002/004 vuu Vw/.LJ /�J JUfJJUiJ 1'IUUL Pq1 1•'HUt Oi • APR-17 2006(MON) 09:53 Skcrbur-g Company (FAX)469 916 9713 P. 002/003 • • • . April 17,•2006 Mindy Manson Assistant City Manager ' 2000 HWY 78 Wylic,TX 75093 Rs:Withdrawal of Annexation request for approximvely 61.26 Acres on the West Side of PM 544 Dear Mindy: • Please accept this letter as the request of Michael Hood(Owner)and Slcorburg Company , (Applicant)to withdraw tharcquest for annexation and zoning dated February 21,2006 for the Property described ict Exhibit A. Please remove this zoning case from the Council agenda for April 25,2006. The Owner and Applicant appreciate the City of Wylie's cooperation in this matter. Please do net hesitate to call inc with any questions. Cordially yours, • . ACAa )11.41/2/ Ryan Beta Michael Hood Applicant Owner APR-18-2006(TUE) 21 :07 Skorburg Company (FAX)469 916 9713 P. 003/004 EXHIBIT A Legal description of the land: • Being a 61.26 acre tract of land located in the Allin Atterbcry Survey,Abstract No.23,and a portion part of a called 86.6 acre tract described to S.H.Hood,as recorded in Volume 291,Page 167,Collin County Deed Records(C.C.D.R.),and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line os said Allis Atterbery Survey,the North line of the D.W.Williams Survey,Abstract No.980,the Northeast corner of a tract of land described to Thelma Rice,as recorded in Volume 561,Page 266,C.C.D.R., the Southeast corner of a tract of land recorded to Tommy&Toni Pulliam,as recorded in Volume 4590,Page 1895,C.C.D.R.,and the West right-of-way line of F.M.544(90'ROW),as recorded in Volume 568,Page 21,C.C.D.R.; THENCE North 89 degrees 32 minutes SO seconds West,along the South line of said Atterbury Survey and the North line of said Williams Survey,a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pullium tract; • THENCE North 89 degrees 32 minutes 50 seconds West,continuing along the South line of said Atterbury Survey and the North line of said Williams Survey,the North line of said Rice tract,the North line of a tract of land described to Darlene R.Ceilley,as recorded in Volume 4977,Page 504, C.C.D.R.,North line of a tract of land described to Edwin W.Klingbeil,as recorded in Volume 4977, Page 504,C.C.D.R,and the North line of a tract of land descibed to Robert L.Klingbell,as recorded in Volume 5250,Page 3809,C.C.D.R.,a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision,as recorded in Volume• • 5588,Page 3164,Collin County Plat Records,and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East,leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 Inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision,and the South line of a tract of land described to Steven Combest,as recorded in Volume 3743,Page 219,C.C.D.R.,marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East,along the south lines of said Combest tract,a tract of land described to Jesse Candenas,as recorded in Volume 4871,Page 1327,C.C.D.R,a tract of land described to Martha Sheppard,as recorded in Plat Book 84,Page 338,C.C.D.R.,a tract of land described to Terry and Cassandra Calisle,as recorded in Volume 3011,Page 202,C.C.D.R.,a tract of land descibed to James ljeintr,as recorded in Volume 5400,Page 2520,C.C.D.R.,a tract of land described to Billy D.Duncan,a tract of land desribed to James&Donna Trevino,as recorded In Vohunc 4501,Page 1617,C.C.D.R.,a tract of land described to Sandra Benton,as recorded in Volume 4761,Page 1510,C.C.D.R,a tract of land described to Close Family Living Trust,as recorded in Volume 5249,Page 5919,C.C.D.R., a tract of land described to Sam Terry,a tract of land described to David&Julie Black,as recorded in 94-0063489,C.C.D.R.,and a tract of land descirbed to Merie&Sheri Little,as recorded in 93-0080940,C.C.D.R.,a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree,being the Northwest corner of a tract of land described to Brent&Beverly Bates,as recorded in 96-0018275,C.C.D.R.,for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East,along the west line of said Bates tract,a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cup stamped"TRI-TECH"being the Southwest corner of said Bates tract and an interior corner of the hereing described tract; APR-18-2006(TUE) 21 :07 Skorburg Company (FAX)469 916 9713 P. 004/004 THENCE South 89 degrees 27 minutes 31 seconds East,along the south line of Said Bates tract,a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped"TRI-TECH"being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M.544,marking the East Northeast corner of the hereing described tract; THENCE ENCE South 02 degrees 37 minutes 38 seconds East,along the West right-of-way line of said F.M. 544,a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East,continuing along the West right-of-way line of said FM-544,a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pulliam tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West,leaving said right-of-way and along the North line of said Pulliam tract,a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pulliam tract and an interior corner of herein described tract; THENCE Smith 1)0 degrees 26 minutes 32 seconds West,along the West line of said Pulliam tract,a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. ORDINANCE NO. 2006-26 AN ORDINANCE ANNEXING A CERTAIN 61.26 ACRE TRACT OF LAND SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT NO. 23, AND A PORTION OF A CALLED 86.6 ACRE TRACT DESCRIBED TO S.H. HOOD, AS RECORDED IN VOLUME 291, PAGE 167, COLLIN COUNTY DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "A" Agricultural. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25th day of April, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Exhibit"A" Being a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, and a portion part of a called 86.6 acre tract described to S.H. Hood, as recorded in Volume 291, Page 167, Collin County Deed Records (C.C.D.R.), and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line of said Allen Atterberry Survey, the North line of the D.W. Williams Survey, Abstract No. 980, the Northeast corner of a tract of land described to Thelma Rice, as recorded in Volume 561, Page 266, C.C.D.R., the Southeast corner of a tract of land recorded to Tommy & Toni Pulliam, as recorded in Volume 4590, Page 1895, C.C.D.R., and the West right-of- way line of F.M. 544 (90' ROW), as recorded in Volume 568, Page 21, C.C.D.R.; THENCE North 89 degrees 32 minutes 50 seconds West, along the South line of said Atterberry Survey and the North line of said Williams Survey, a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pulliam tract; THENCE North 89 degrees 32 minutes 50 seconds West, continuing along the South line of said Atterberry Survey and the North line of said Williams Survey, the North line of said Rice tract, the North line of a tract of land described to Darlene R. Ceilley, as recorded in Volume 4977, Page 504, C.C.D.R., North line of a tract of land described to Edwin W. Klingbeil, as recorded in Volume 4977, Page 504, C.C.D.R., and the North line of a tract of land described to Robert L. Klingbeil, as recorded in Volume 5250, Page 3809, C.C.D.R., a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision, as recorded in Volume 5588, Page 3164, Collin County Plat Records, and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East, leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision, and the South line of a tract of land described to Steven Combest, as recorded in Volume 3743, Page 219, C.C.D.R., marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East, along the south lines of said Combest tract, a tract of land described to Jesse Candenas, as recorded in Volume 4871, Page 1327, C.C.D.R, a tract of land described to Martha Sheppard, as recorded in Plat Book 84, Page 338, C.C.D.R., a tract of land described to Terry and Casaundra Carlisle, as recorded in Volume 3011, Page 202, C.C.D.R., a tract of land described to James Heintz, as recorded in Volume 5400, Page 2520, C.C.D.R., a tract of land described to Billy D. Duncan, a tract of land described to James & Donna Trevino, as recorded in Volume 4501, Page 1617, C.C.D.R., a tract of land described to Sandra Benton, as recorded in Volume 4761, Page 1510, C.C.D.R., a tract of land described to Close Family Living Trust, as recorded in Volume 5249, Page 5919, C.C.D.R., a tract of land described to Sam Terry, a tract of land described to David & Julie Black, as recorded in 94-0063489, C.C.D.R., and a tract of land described to Merie & Sheri Little, as recorded in 93-0080940, C.C.D.R., a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree, being the Northwest corner of a tract of land described to Brent & Beverly Bates, as recorded in 96-0018275, C.C.D.R., for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East, along the west line of said Bates tract, a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI- TECH" being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East, along the south line of Said Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH" being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M. 544, marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East, along the West right-of-way line of said F.M. 544, a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East, continuing along the West right- of-way line of said FM. 544, a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pulliam tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West, leaving said right-of-way and along the North line of said Pulliam tract, a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pulliam tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West, along the West line of said Pulliam tract, a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. Exhibit"B" CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA HOOD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 61.26 acres SURVEY, ABSTRACT & COUNTY: Allen Atterberry Survey, Abstract No. 23, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. 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. 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. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: April 25, 2006 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 04/06/06 Budgeted Amount: Exhibits: Seven Subject Conduct a Public Hearing and consider, and act upon, Ordinance No. 2006-27 amending the zoning from Agriculture (A) to Planned Development (PD) District to allow for single-family residential uses of varied densities, generally located south of Stone Road and west of F.M. 544. ZC 2006-07 Recommendation Motion to accept the request of withdrawal submitted by the Skorburg Company. Discussion Owner: Michael Hood Applicant: Skorburg Company The applicant has decided not to move forward with the development, and requests that the zoning case be withdrawn from consideration. However, because publication and notification of the requested zoning has been completed in accordance with State Law, some action is required by the City Council at the current meeting. The City Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. Approved By Initial Date Department Director City Manager ✓ee i/9//04 Page 1 of 1 ORDINANCE NO. 2006-27 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2006-07, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR SINGLE- FAMILY RESIDENTIAL OF VARIED DENSITIES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD) District for Single-Family Residential of varied densities, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" (Concept Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Exhibit"A" Legal Description Zone Case#2006-07 Being a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, and a portion part of a called 86.6 acre tract described to S.H. Hood, as recorded in Volume 291, Page 167, Collin County Deed Records (C.C.D.R.), and being described by metes and bounds as follows; COMMENCING at a found 3/8 inch diameter iron rod located on the South line os said Allen Atterberry Survey, the North line of the D.W. Williams Survey, Abstract No. 980, the Northeast corner of a tract of land described to Thelma Rice, as recorded in Volume 561, Page 266, C.C.D.R., the Southeast corner of a tract of land recorded to Tommy & Toni Pulliam, as recorded in Volume 4590, Page 1895, C.C.D.R., and the West right-of-way line of F.M. 544 (90' ROW), as recorded in Volume 568, Page 21, C.C.D.R.; THENCE North 89 degrees 32 minutes 50 seconds West, along the South line of said Atterberry Survey and the North line of said Williams Survey, a distance of 648.87 feet to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the Southwest corner of said Pulliam tract; THENCE North 89 degrees 32 minutes 50 seconds West, continuing along the South line of said Atterberry Survey and the North line of said Williams Survey, the North line of said Rice tract, the North line of a tract of land described to Darlene R. Ceilley, as recorded in Volume 4977, Page 504, C.C.D.R.,North line of a tract of land described to Edwin W. Klingbeil, as recorded in Volume 4977, Page 504, C.C.D.R., and the North line of a tract of land described to Robert L. Klingbeil, as recorded in Volume 5250, Page 3809, C.C.D.R., a distance of 1635.45 feet to a found 1/2 inch iron rod in concrete being the Southeast corner of the Twin Lakes Phase V subdivision, as recorded in Volume 5588, Page 3164, Collin County Plat Records, and marking the Southwest corner of the herein described tract; THENCE North 00 degrees 51 minutes 52 seconds East, leaving said common Survey line and along the East line of said Twin Lakes Phase V subdivision a distance of 1405.70 feet to a 5/8 inch diameter iron rod being the Northeast corner of said Twin Lakes Phase V Subdivision, and the South line of a tract of land described to Steven Combest, as recorded in Volume 3743, Page 219, C.C.D.R., marking the Northeast corner of herein described tract; THENCE South 89 degrees 18 minutes 39 seconds East, along the south lines of said Combest tract, a tract of land described to Jesse Candenas, as recorded in Volume 4871, Page 1327, C.C.D.R, a tract of land described to Martha Sheppard, as recorded in Plat Book 84, Page 338, C.C.D.R., a tract of land described to Terry and Casaundra Carlisle, as recorded in Volume 3011, Page 202, C.C.D.R., a tract of land described to James Heintz, as recorded in Volume 5400, Page 2520, C.C.D.R., a tract of land described to Billy D. Duncan, a tract of land described to James & Donna Trevino, as recorded in Volume 4501, Page 1617, C.C.D.R., a tract of land described to Sandra Benton, as recorded in Volume 4761, Page 1510, C.C.D.R., a tract of land described to Close Family Living Trust, as recorded in Volume 5249, Page 5919, C.C.D.R., a tract of land described to Sam Terry, a tract of land described to David & Julie Black, as recorded in 94- 0063489, C.C.D.R., and a tract of land described to Merie & Sheri Little, as recorded in 93- 0080940, C.C.D.R., a distance of 1492.50 feet to a found 1/2 inch diameter iron rod in a pecan tree, being the Northwest corner of a tract of land described to Brent & Beverly Bates, as recorded in 96-0018275, C.C.D.R., for the North Northeast corner of the herein described tract; THENCE South 02 degrees 39 minutes 12 seconds East, along the west line of said Bates tract, a distance of 331.53 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH" being the Southwest corner of said Bates tract and an interior corner of the herein described tract; THENCE South 89 degrees 27 minutes 31 seconds East, along the south line of Said Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-TECH" being the Southeast corner of said Bates tract and on the West right-of-way line of said F.M. 544, marking the East Northeast corner of the herein described tract; THENCE South 02 degrees 37 minutes 38 seconds East, along the West right-of-way line of said F.M. 544, a distance of 179.98 feet to a found 5/8 inch diameter iron rod; THENCE South 04 degrees 02 minutes 47 seconds East, continuing along the West right-of-way line of said FM. 544, a distance 534.62 feet to a found 5/8 inch diameter iron rod being the Northeast corner of said Pulliam tract and marking the East Southeast corner of herein described tract; THENCE North 89 degrees 32 minutes 51 seconds West, leaving said right-of-way and along the North line of said Pulliam tract, a distance of 621.02 feet to a found 5/8 inch diameter iron rod being the Northwest corner of said Pulliam tract and an interior corner of herein described tract; THENCE South 00 degrees 26 minutes 32 seconds West, along the West line of said Pulliam tract, a distance of 354.71 feet to the POINT OF BEGINNING and containing 61.26 acres or 2,668,568 square feet. v 1...I_)Lid L_1Lit t/'4JLJ ; :. , � i gl;;111 , 1 A pinto L 1 , i • ° ! J. V 7NUi{O{��1�t �+` „ !tint, ~ r i + l- �.nixt.t�1{dins , ��f--, Z- !r _,r... !mot '� ��� " '�' !!i. • r, ! ! E �` s 1 _j `u�'.� - 11114111!! r !=i G IV�J! I _ , i . �J►• litimilliiiiiiiiiIIIII pour niumnriqu: , „At in Et iiiintilii >i "_,.. fri sun ♦ _i a, _._._ fi 0 v- viol ;444. - iit ` , f l i ...• ......i • s! II , r 3 ` 1i j IV\ • LOCATION MAP ZONING CASE #2006-07 Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Alanis Crossing Zoning Case—2006 07 Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to permit the development of ALANIS CROSSING. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Single Family 10/24 as set forth in Section 3.2 Medium Density Residential District of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan to be provided; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance,the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. If the Alanis Road alignment is changed by the City and materially affects the Concept Plan, then a Development Plan containing the revised alignment shall be decreed to conform to the approved Concept Plan. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 135 Single Family Units. 2. Lot Mix: A minimum of 15% of the Single Family Lots will be in excess of 12,000 sf. A minimum of 70%of the Single Family Lots will be 10,000 sf or greater. No Single Family lot shall be less than 7,500. For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2&1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type"A": 20,000 square feet b. Lot Type "B": 18,000 square feet c. Lot Type "C": 12,000 square feet d. Lot Type "D": 10,000 square feet e. Lot Type"E" : 7,500 square feet 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type"A": 90 feet b. Lot Type`B": 80 feet c. Lot Type "C"; 75 feet d. Lot Type "D": 70 feet e. Lot Type "E": 60 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type"A": 95 feet b. Lot Type `B": 85 feet c. Lot Type"C"; 80 feet d. Lot Type "D": 75 feet e. Lot Type "E": 75 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 120 feet b. Lot Type `B": 120 feet c. Lot Type "C"; 100 feet d. Lot Type "D": 100 feet e. Lot Type "E": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type "A": 150 feet b. Lot Type "B": 150 feet c. Lot Type "C"; 120 feet d. Lot Type "D": 120 feet e. Lot Type "E": 120 feet 6. Minimum Dwelling Unit Square Frontage: a. The minimum permitted square footage is 2,200 s.f for all two- story homes. The minimum permitted square footage for all single story home on lots smaller than 10,000 s.f shall be 1,800 s.f.. b. For all two-story houses, the first floor shall be at least 60% of the total square footage. c. Architectural grade shingles shall be used throughout the PD. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type"A": 25 feet b. Lot Type `B": 25 feet c. Lot Type "C"; 25 feet d. Lot Type"D": 25 feet e. Lot Type"E": 20 feet 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type "A": 10%of lot width b. Lot Type `B": 10% of lot width c. Lot Type"C"; 10%of lot width d. Lot Type "D": 10%of lot width e. Lot Type "E": 10%of lot width 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type"A": 15 feet b. Lot Type "B": 15 feet c. Lot Type "C"; 15 feet d. Lot Type "D": 15 feet e. Lot Type"E": 15 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type "A": 20 feet b. Lot Type "B": 20 feet c. Lot Type "C"; 20 feet d. Lot Type "D": 20 feet e. Lot Type "E": 20 feet 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type"A": 30 feet b. Lot Type `B": 30 feet c. Lot Type"C"; 30 feet d. Lot Type "D": 30 feet e. Lot Type"E": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 40 feet on all lot types. 13. Permitted uses: Permitted uses shall include the uses specified in the SF 10/24 District. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 40 feet or 2 stories on all lot types. V. New Residential Development Requirements (Figure 3-9) shall apply fully to all phases of the Planned Development except as follows: 1. Perimeter Screening: The perimeter screening for Alanis Boulevard shall be allowed to be incorporated into lots adjacent to Alanis Boulevard. No platted 40' buffer shall be required. 2. Landscaped Berm: Developer may construct a 5 foot landscaped earthern berm with 3:1 slope in the rear of lots adjacent to Alanis Boulevard and FM 544. This shall be in place of any required perimeter screening. 3. No Perimeter walkway shall be required on FM 544. 4. No Pedestrian Crosswalks shall be required except for across Alanis Boulevard. 5. No public open space easements shall be required. 6. Medians will not be required at Entries. 7. No sidewalk Lighting shall be required. 8. No sidewalks shall be required for open ditch road sections with lots 18,000 square feet or larger. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Open Ditch Road Section: In blocks where the lot size is a minimum of 18,000 square feet the road section shall be open ditch with a 26 foot pavement section and a 60 foot Right-of-Way. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Hood Property, as indicated by the existing fence line trees,the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 5 feet from perimeter property line. IX. Transition Zone: In an effort to make a land use transition from the existing residences north of the Property, the developer shall establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of of 18,000 square feet. In an effort to make a land use transition from the existing residence at the south east corner of the property owned by Tommy & Toni Pulliam the developer shall establish an edge, one lot deep, of lots along the adjacent property line of this development that have a minimum lot size of of 20,000 square feet. A 30 foot landscape buffer shall be provided between the development and the properties owned by Brent W. & Beverly B. Bates and Tommy & Toni Pulliam. X. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. Dallas 1\4206683\-1-2 19719-18 7/21/2005 r A, , , , fUN ECORDED ,„. , , , , . ,, „, .„. , „ _,, , , • D0. i. 48 Z,, 1 ,DO 200 - ♦ K25 AGRE �♦, � . PARK DEDICATION`.♦ m; Doc.uo r aaAres r, era �V DRGGr a . i � f pY , ' ' �p� � .„ 0--' LANDSCAPE,BUFFEP' _- - NO PACES 7`♦tl .�•♦♦• 'I z II 1 LOCATION MAP ♦� k \V' ` ♦♦.♦♦� _ _ SITE DATA SUMMARY TABLE 1 1 TOTAL ACREAGE.61.28 AC. 1/ 1 11 ZONE SPECIFICATIONS: r --, /' —� \ ' i 44'- ' . '1 ZONE MIN SIZE TYP.WIDTH TYP.DEPTH LOTS I ,-�A Oii/S i Il O A 20,000 115' 180' 31 V /, I 1 8 18,000 100' 180' ib O. `/,, D 10,000 BO' 125' 33 / .t.41111,X �'!/j E 7,500 60' 125' 33 t74 TOTAL- 125 _;U, --._ I. I yam./- /l[7�//�/I PARK DEDICATION '___ , ,I GSLYLJ�LY lJ ZONE A r I' I: T}' 3 ZONE D L 1X. R O T mZONE D A ,.. ,' L______1 ZONE E IE LEE KLINGBE4 VDWIN W.NLMICBEIL DARLEO R ALEv HELMA RICE BORTO,CT TT61 OL.00it CCT TTB] ORCCGT TTBJ OLO.R CC i T66 0. CONCEPT PLAN ALANIS CROSSING 61.28 ACRE TRACT IN RE CITY OF WYLIE COLLIN COUNTY,TEXAS PREPARED BY CORWIN ENGINEERING,INC. LMouT,suITE E nLLEUETExAs ison wacn as TDo6 SCALE 1 ,00 NOTIFICATION REPORT APPLICANT: Ryan Betz with Skorburg Company APPLICATION FILE #2006-07 3838 Oak Lawn Avenue#1212 Dallas,Tx 75219 # BLK/ABST LOT/TRACT TAX I.D.# _ PROPERTY OWNER NAME ADDRESS Applicant-Ryan Betz 3838 Oak Lawn Avenue#1212 1 Skorburg Company Dallas,Texas 75219 4212 San Felipe Street,PMB 417 2 Abst 23 Tract 47 R-6023-000-0470-1 Michael Hood Houston,Texas 77027 951 S.Ballard Avenue 3 Absl 980 Tract 1 R-6980-000-0010-1 Wylie ISD Wylie,Texas 75098 Twin lakes 5 PO Box 1048 4 Blk Q Lot 1 R-8401-00Q-0010-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1103 Twin Lakes Drive 5 Blk Q 2 R-8401-00Q-0020-1 Gait Richards Wylie,Texas 75098 Twin Lakes 5 1 105 Twin Lakes Drive 6 Blk Q 3 R-8401-00Q-0030-1 Luis OBando Wylie,Texas 75098 Twin Lakes 5 1228 Battle Creek Road 7 BIk Q 4 R-8401-0062-0040-1 James Shaw Chula Vista,California 91913 Twin Lakes 5 1109 Twin Lakes Drive 8 BIk Q 5 R-8401-00Q-0050.1 James Vance Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 9 Bik Q 6 R-8401-00Q-0060-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 PO Box 1048 10 BRQ 7 R-8401-00Q-0070.1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1115 Twin Lakes Drive 11 BIk Q 8 R-8401-00Q-0080-1 Chen Hsiao Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 12 Elk Q 9 R-8401-00Q-0090.1 Choice Homes,inc. Arlington,Texas 76004 Twin Lakes 5 PO Box 1048 13 81k Q 10 R-8401.00Q-0T00.1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1121 Twin Lakes Drive 14 Elk Q 11 R-8401-000-0110-1 Gwen Robertson Wylie,Texas 75098 Twin Lakes 5 1123 Twin Lakes Drive 15 Elk Q 12 R-8401.00Q-0120.1 Melanie Padron Wylie,Texas 75098 Twin Lakes 5 1125 Twin Lakes Drive 16 BIkQ 13 R-8401-006/-0130-1 Normalea Roberts Wylie,Texas 75098 Twin Lakes 5 1127 Twin Lakes Drive 17 Blk Q 14 R-8401.00Q-0140-1 Donald Takak Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 18 Elk Q 15 R-8401.00Q-0150-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1131 Twin Lakes Drive 19 Bik Q 16 R-8401-OOQ-0160-1 Edgar Brown Wylie,Texas 75098 Twin Lakes 5 1130 Twin Lakes Drive 20 Bik Q 17 R-8401.00Q-0170.1 Bryan Jailo Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 21 Bik Q 18 R-8401-0OQ-0180-1 Choice Homes,Inc, Arlington,Texas 76004 Twin Lakes 5 1126 Twin Lakes Drive 22 BIk Q 19 R-8401-00Q-0190.1 Ben Janson Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 ,23, BIk Q 20 R-8401-O0Q-0200-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1122 Twin Lakes Drive 24 BIk Q 21 R-8401-00Q-0210-1 Donnie Wayne Davis Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 25 Bik Q 22 R-8401-OOQ-0220-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1118 Twin Lakes Drive 26 Blk Q 23 R-8401-00Q-0230-1 Kusumben Patel _ Wylie,Texas 75098 Twin Lakes 5 PO Box 1184 0 27 BIk Q 24 R-8401-00Q-0240.1 Juanita Rowland Wylie,Texas 75098 Twin Lakes 5 1114 Twin Lakes Drive 28 BIk Q 25 R-8401-O0Q-0250-1 Richard Si,Cyr Wylie,Texas 75098 Twin Lakes 5 1112 Twin lakes Drive 29 Bik Q 26 R-8401.00Q-0260-1 George Williams Wylie,Texas 75098 Twin Lakes 5 1100 Lakewood Drive 30 BIk P Lot 24 R-8401-0OP-0240-1 Stephen Jordan Wylie,Texas 75098 31 32 33 34 35 36 () I'kV. • au- i(le C-;'....P..9 J L.(' 1-�5 ; 3 ` sr. yx � .F"1ay r --'- '� ��' Whe Tr` 47�� ,�"y 1A7 , ttL 1. , r t r 4 + i.,14 r k ' Yq• ♦ aji ide �t i X f iY it;0 T>a{ i`' h ""�'♦ �"`�zt r t e t 'Y / ♦ .# 7\ - ...' '?:',.. : !F.:'.:: :',.....-.'', .,•4....--.:1....,..44::!..,,AcAt'l O N $ �} u ; c,.�,1�.4 bti���x' i��i���� �'l�.•w 5.$�4drv. f�F F'ryy{4: �a{ '� •vLj .. �a _ 0 YK p ° N f "„ J s n y V.+t. r .yK ac J^,g - o ti)__ J r n a.,�„Y" Y f I"' s t a. `'? R: vyb r a "P y ..Y4`.y's* `� .f ;a �FJ �' 1 s itr. S 'g . S x �' u ti i i.. ."I T i = �. 7 v `k '.t v h,l �S d n 3 " 4. Sy r � ` . _"�- 4. • .f. f...� ..�- r ' s jisx _ V : � a"`An " { '::gh 'kw ', h �, C ' } r. , r Lrrni �l� ? t } ' r u c$_I . . w f , "t y k fi�%ri. '+ a;4 Y' oW1-ld Ci4'J �fi,i 44"R `3al' 7 ' / ���'4 u ,. H r _.._. ZONING CASE #2006-07 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 {/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2006-07. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 4,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 25,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (}G,417 i 7A U R6 W L/1 JD (please print) tii- ;`/��,. ' / J` Address: //�lr % �. ��/ P(�&�i �I a .11;/` 4/i -_.5"G g Signature: y � J J JZ�%`[�%�/ret/ Date: c 'L _ —Cl (� COMMENTS: Wylie City Council CITY OF WYLIE AGENDA REPORT g Meeting Date: April 25, 2006 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: April 17, 2006 Budgeted Amount: Exhibits: One Subject Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-28 establishing regulations governing the sale of alcoholic beverages. Recommendation Motion to approve Ordinance No. 2006-28 establishing regulations governing the sale of alcoholic beverages. Discussion It is the recommendation of the City Attorney that the City of Wylie adopt regulations regarding the sale of alcoholic beverages prior to the local election on May 13th. This prevents an individual from applying to the State for a license before the local ordinance becomes effective, thereby exempting them from subsequent local regulations. The proposed regulation is based on the current Zoning Ordinance in terms of permitted locations for restaurants, and creates a new land use category of"Beer& Wine Package Sales". Beer & Wine Package Sales. Beer & wine package sales are proposed to be permitted in the Corridor Commercial, Light Industrial, Heavy Industrial and Downtown Historic Districts and would be defined as the sale for off-site consumption. The establishments may not be located closer than 300' to a church or hospital, measured along property lines of the street fronts from front door to front door, and not closer than 300' to a public or private school measured in a direct line from property line to property line. The City Attorney is further recommending that additional restrictions be placed on beer & wine package sales which derive more than 75% of their gross revenue from the sale of beer and wine by requiring a Special Use Permit (SUP) in all of the above listed districts, and imposing separation requirement between stores to prevent clustering. The ordinance further sets out separation requirements from residential areas, parks, churches, schools and hospitals. The caveat on this requirement is that there is an Attorney General opinion that does not support imposing SUPs on package stores that receive more that 75% of their gross revenues from the sale of alcohol. However, there is language in the Alcoholic Beverage Code that supports it and there are no court opinions interpreting it. The City Attorney indicated that other cities that they represent have chosen to enact the SUP requirement and so far have not been challenged. Restaurants with and without Drive-in or Drive through service. Regulations applied to on-premise consumption include the provision that restaurants may only sell alcohol if the subject property was located Page 1 of 2 Page 2 of 2 within the City limits as of May 13, 2006 (restaurants located on property annexed after that date must obtain a permit from the State for a Private Club); shall not be located closer than 300' to a church or hospital measuring along the property lines of the street fronts from front door to front door; and, shall not be located closer than 300' to a school measuring in a direct line from property line to property line. The regulations further require an SUP for any restaurant which derives more than 75% of their revenue from the sale of alcohol. Approved By Initial Date Department Director City Manager yb,A ORDINANCE NO. 2006-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING WYLIE'S ZONING ORDINANCE NO. 2001-48, ARTICLE 5 (USE REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION F (RETAIL, PERSONAL SERVICE & COMMERCIAL) AND SECTION 5.2 (LISTED USES), SUBSECTION F (RETAIL, PERSONAL SERVICE AND COMMERCIAL USES) TO ESTABLISH REGULATIONS GOVERNING THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations), of the City of Wylie,Texas("Wylie"), should be amended to regulate the sale of alcoholic beverages;and WHEREAS,Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2001-48, Article 5 (Use Regulations)as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations) Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial). Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add number 24 and amend numbers 20 and 21,as follows: x •3 7 : ^ f:3 20.Restaurant with p* p* p* Drive-in or Drive- through Service 21.Restaurant without p* p* p* p* p* p* Drive-in or Drive- through Service 24.Beer &Wine p* p* p* p* Package Sales SECTION 3: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses) Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail,Personal Service and Commercial Uses)of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add the following: 24. Beer&Wine Package Sales. a. Defmition: An establishment, including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area; however for retail sales made at a Motor Vehicle Fueling Station the required parking shall be a minimum of four spaces. d. Required Loading: Square Feet of Floor Required Loading Area S aces 0—10,000 None 10,001—50,000 1 Each additional 1 10,000 or fraction thereof e. Additional Provisions: Beer & Wine Package Stores shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) The establishment shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (2) The establishment shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (3) The distance between a Beer & Wine Package Sales Establishment and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (4) Beer sales are not permitted in residential areas. Residential areas include properties that are zoned in any Residential District category or a planned development that allows residential uses or vertical mixed use developments with a residential component, because these zoning districts are part of the neighborhood(s) within which they are located. Notwithstanding, a planned development ordinance may allow for Beer & Wine Package Sales at designated locations in the planned development that meet the requirements set forth herein. (5) Beer & Wine Package Sales establishments that derive more than 75% of their gross revenue from the sale of beer and/or wine: a. Are permitted only by Specific Use Permit in the CC, LI, HI and DTH zoning districts; b. Shall not be located closer than 1,500 feet from another Beer & Wine Package Sales Establishment that derives more than 75%of its gross revenue from the sale of beer and/or wine, measured building- to-building(or outer wall of the lease space)in a straight line; c. Shall not be located closer than 800 feet from the building to the property line of a residential zoning district, including residential portions of a planned development zoning district;and d. Shall not be located closer than 1,500 feet from the property line of a City park, or the property line of a property owned by a church, public hospital, public or private school, public or private college/university, rehabilitation care institution, or child or adult day care, measured in a straight line from front door of the establishment to the nearest property line of a residential zoning district, City park, church, public or private hospital, public or private school, public or private college/university, rehabilitation center,or child or adult day care. SECTION 4: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses), paragraphs 20 and 21. Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses), paragraphs 20 and 21 of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to read as follows: 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means: (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off- premises consumption. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement. d. Required Loading: Square Feet of Required Loading Floor Area Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 1 or fraction thereof e. Additional Provisions: (1) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (2) The "Additional Provisions" listed in paragraph 21, subpart e., below, for"Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement with no fewer than 8 provided. d. Required Loading: Square Feet of Floor Required Loading Area Spaces 0—10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended,and to the following development criteria: (1) Restaurants are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13, 2006. For property annexed into the City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line,and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol are only permitted by specific use permit and may only be located in the zoning districts where the applicable type of restaurant is designated as"P*"on the Land Use Chart, Section 5.1, Subsection F,paragraph 20 or 21 of this Article 5. SECTION 5: Penalty Provision: Any person, funu, corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance No. 2001-48,as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Savings/Repealing Clause: Wylie's Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, 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 ordinance shall remain in full force and effect. SECTION 7: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on this day of 2006. John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: April 25, 2006 Item Number: 4 Department: Library (City Secretary's Use Only) Prepared By: Rachel Orozco Account Code: Date Prepared: April 11, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Resolution No. 2006-12(R) authorizing the Rita and Truett Smith Library to donate surplus materials and circulation materials to the Friends of the Rita and Truett Smith Public Library, a not for profit organization. Recommendation Motion to approve Resolution No. 2006-12(R) authorizing the Rita and Truett Smith Public Library to donate surplus books and circulation materials to the Friends of the Rita and Truett Smith Public Library, a not for profit organization. Discussion The Friends of the Rita and Truett Smith Public Library exist as a non-policy making, nonprofit organization which is organized and operates exclusively for the civic purpose of support for the Rita and Truett Smith Public Library. One of their fundraising efforts, they have an ongoing book sale in the Library. In Fiscal Year 2004-2005, they raised $3930. These funds go directly back to the Library. The Friends have purchased furniture, shelving and books for the Library. The Library Staff reviews donated materials and adds appropriate materials to the Library collection. The Library staff also reviews materials in the Library and withdraws materials based on the Collection Development Policy and the CREW Method. The remaining donated materials and withdrawn materials are donated the Friends for the book sale. In Fiscal Year 2004-2005, the Library added 2,717 donated materials to the collection. The Friends were given 1,236 items. Adoption of this resolution would keep the Library in compliance with the Purchasing Manual. Approved By Initial Date Department Director City Manager Ad< ydo��rG Page 1 of 1 RESOLUTION NO. 2006-12(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE RITA AND TRUETT SMITH PUBLIC LIBRARY TO DONATE SURPLUS BOOKS AND CIRCULATION MATERIALS TO THE FRIENDS OF THE RITA AND TRUETT SMITH PUBLIC LIBRARY,A NOT FOR PROFIT ORGANIZATION, THAT WILL RESELL THE GOODS AS A FUNDRAISER FOR THE PUBLIC LIBRARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Rita and Truett Smith Public Library ("Library") is in possession of surplus property; and WHEREAS,the Library periodically receives donations of books and other materials that cannot be used as circulation materials in the Library and periodically removes books and other materials from circulation because the items are out-of-date, duplicate copies, superseded by new editions, worn or no longer in demand by the public, (the "Property"); and WHEREAS, the Friends of the Rita and Truett Smith Public Library is a not-for- profit organization("Friends of the Library")that collects books and other items and resells them to raise money for the Library; and WHEREAS,the City Council of the City of Wylie,Texas(the"City Council")has investigated and determined that the Property should be discarded and/or disposed of as surplus property; and WHEREAS, the City Council has further investigated and determined that the Property is, among other things, outdated,valueless, inoperable and/or unfit for use by the City of Wylie, Texas ("Wylie"); and WHEREAS,the City Council has further investigated and determined that the cost of storing the Property exceeds the fair value of the Property; and WHEREAS,the City Council has further investigated and determined that donating the Property to Friends of the Library serves a legitimate public purpose; and WHEREAS,the City Council has further investigated and determined that it is more cost effective to donate the Property to the Friends of the Library to sell and raise money for the Library than for the Library to dispose of the Property in accordance with the provisions of Wylie's Purchasing Manual; and Resolution No.2006-12(R) Donation of Surplus Materials Page 1 WHEREAS,the City Council has further investigated and determined that sufficient controls are in place to ensure that the public purpose will be carried out; and WHEREAS,the City Council has determined that Wylie's Purchasing Manual does not authorize the Library to donate the Property to the Friends of the Library and that this Resolution is needed to provide such authorization; and WHEREAS,the City Council has further investigated and determined that it is in the best interests of Wylie and its citizens to dispose of the Property by donating the same to Friends of the Library as set forth below. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Disposal/Donation Authorized. Notwithstanding any provision of Wylie's Purchasing Manual, the City Council hereby grants authorization to the Library to dispose of the Property by donating the same to Friends of the Library to resell for the purpose of fund-raising for the Library. The Director of the Library is granted authority to determine which books and circulation materials are surplus property, when and as needed. The authorizations granted by this Section shall remain effective until revoked by resolution of the City Council. SECTION 3: Effective Date. This Resolution shall become effective immediately upon its passage. DULY PASSED AND ADOPTED by the City Council of the City of Wylie,Texas this 25th day of April, 2006. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2006-12(R) Donation of Surplus Materials Page 2 To: Mark Roath From: Larry Williamson Dated: March 29, 2006 REF: Recommendation for WEDC You have asked that I confer with the city's auditor and develop recommendation to assist the city council in their consideration of policies and procedures that would strengthen oversight and controls of WEDC. The following are some recommendation as a result of our discussions. Mr. Crain has signed off on each recommendation. 1) Subject to legal review, 5 members of the city council could become the Board of Directors of the WEDC, at least initially. This would provide the light of day on all aspects of the operations of the WEDC. Once the City Council was comfortable with its operation, the council could appoint a new board. 2) The City Council should give the Finance Director the right to disapprove any expenditure if in his or her opinion; the expenditure is not a valid expenditure or is questionable. If the Finance Director does disapprove an expenditure, WEDC should be required to must bring the item before city council for there approval. 3) There should be a limit on the expenditure level of the Executive Director. The City Council should require that any expenditure over$25,000 must be approved by the WEDC board or City Council prior to the expenditure being made. This is the current policies for the City Manager. 4) The Council should prohibit expenditures that are approved after the fact. All expenditures should be part of a detail budget and plan. Deviation from the budget must be approved by the WEDC Board or Council prior to the expenditure being made. 5) Council should prohibit all members of the city council and members that they appoint to City's boards and commissions from doing business with the City while holding their respective positions. This would eliminate the reporting of Related Party Transactions and eliminate the appearance of impropriety. , . pnA '4 4... .. . . Wylie Economic Development CORPORATION April 4, 2006 Mayor John Mondy Members of the Wylie City Council 2000 Highway 78 North Wylie, Texas 75098 Dear Mayor Mondy and Council Members: The Wylie Economic Development Corporation (WEDC) Board of Directors met on March 27th and April 3rd to discuss your request for information relating to the City Auditor's Comprehensive Annual Financial Report, Management Letter, and a Memorandum from the City's Finance Director. It is with great regret and humility that we address our shortcomings, bit it is with great vigilance that we address our autonomy as well. The WEDC prides itself in the success it has achieved over the past 10 years for the community as a whole. However, the WEDC does not believe that past accomplishments or anticipated future success relieves the WEDC from compliance with state law or scrutiny from its governing body, the City of Wylie City Council. The WEDC serves at the will of the Council and will strive to meet all expectations and future requirements of the Council. The WEDC Board of Directors commits to develop and follow any and all policies and guidelines which must be created to ensure the full faith and confidence of the Wylie City Council and Wylie citizenry. The following is an assessment of the circumstances leading to the above reports and memorandums critiquing WEDC activities. As deficiencies are identified, a recommended course of action is provided as well. Minutes First of all, the WEDC was lax in its attention to the maintenance of minutes as required by the Texas Open Meetings Act. The WEDC will immediately begin tape recording all Board meetings as recommended by the Wylie City Secretary, approving all minutes at the next meeting of the Board, and continue posting all agendas and minutes on the City of Wylie website as begun in February of 2006. In addition, the WEDC has entered into an Amended and Restated Interlocal Agreement with the City of Wylie which provides the WEDC with an equivalent of a 16-hour per week employee. The WEDC Board has directed its Executive Director to evaluate this administrative relationship within the next three months and assess the need increased administrative assistance. Finally, the WEDC 2000 Highway 78 North • Wylie, Texas 75098 Office: (972)442-7901 • Fax(972)442-4302 Serving The City of Wylie • Wylie Independent School District • Wylie Chamber of Commerce WEDC—Response to City Council April 4, 2006 Page 2 will recreate the minutes in question for 1-20-05, 2-2-05, 3-21-05, and 5-6-05 and approve the same within the next 30 days. Additionally, a comprehensive assessment of • . all pertinent record keeping over the past five years will be completed within the same time period. Deposits The auditor reported that "at September 30, 2005, the WEDC had amounts in excess of the Federal Deposit Insurance Corporation limits ($100,000) at a bank other than the City's depository." The recommendation from the auditor is that all "excess funds be deposited with the City's depository to insure that amounts are properly insured." While a gap in coverage did occur, the auditor's findings are not completely accurate. On September 30, 2005, all excess monies deposited with Inwood were secured by a $1,200,000 security pledged to the WEDC by The Texas Independent Bankers Bank. The auditors indicated that there was a request for support documentation pertaining to the pledge made to Inwood National Bank. Inwood had no record of such request. The $1,200,000 security was released on 1-12-06 and replaced with a S400,000 security held by The Independent Bankers Bank to cover existing deposits. As of 3-18-06, the WEDC had S156,504.71 deposited in a money market account earning 3.125%. In developing a paper trail of the pledged securities, it was determined that a gap in coverage did occur. The WEDC deposited into the Inwood money market $1,269,320.93 from the sale of WEDC property (Extruders site) to Shafer Properties. The deposit was made on 2-14-05. Upon the determination by WEDC staff and local Inwood personnel that pledged securities were not in place, the proper securities were pledged to the WEDC on 2-28-05. Thus, a 14-day gap in coverage did occur. WEDC counsel, Richard Abernathy, had provided the opinion that the WEDC could maintain separate accounts outside of the City of Wylie depository. However, as required by Section 23 of the Development Corporation Act, the WEDC failed to obtain City Council approval to do so. Furthermore, WEDC staff violated the Public Funds Investment Act by not having the proper certification as a Certified Public Investment Officer. This certification is required to invest any public monies. The City of Wylie Finance Director made WEDC staff aware of this requirement several months ago and volunteered to perform all future transactions under his certification. The WEDC had anticipated coming back to Council to request the ratification of the creation of the Inwood money market account,but Mr. Williamson informed the WEDC on March 27th that the City of Wylie pooled investment account was earning an estimated 4.6% on a 30- day investment. Being that the WEDC originally opened the Inwood account to earn a higher rate over that of an American National Money Market Account held by the WEDC for the past 8 years, the higher interest rate being earned by the City' investment account WEDC—Response to City Council April 4, 2006 Page 3 makes it a mute point. The WEDC Board voted on April 3rd to close the Inwood account and transfer those funds to the City of Wylie depository. Related Party Transactions • The auditor concluded that the loan from Inwood is a Related Party Transaction because the Inwood's local president is also President of the WEDC. The Finance Director adds that WEDC transactions with JC Worley to construct two gates for B.E.&H and Mann Made also are a Related Party Transaction because of Mr. Worley's seat on the Council at the time. The auditor recommends that the City and WEDC develop a joint policy which prohibits related party transactions as a matter of public policy. Mr. Abernathy has provided both the City and WEDC with Attorney Generals Opinion No. JC-0338, which is attached for you review. The opinion concludes that"the board of an economic development corporation may not approve a loan to a director of the corporation. An economic development corporation is not prohibited by law from entering into other transactions with a member of the board or with an entity in which a board member is interested if it complies with the provisions of the Texas Non-Profit Corporation Act governing transactions between corporation and directors. . . ." The provisions, as listed in the AG's Opinion, speak to the requirement that the business interest, or relationship, is fully disclosed or is known to the members entitled to vote. In the case of the Inwood loan, Mr. Fuller stated the obvious conflict and removed himself from the discussions and vote. Mr. Williamson contended in a WEDC Board meeting and City Council presentation that Mr. Fuller's affiliation with the Board is the inherent conflict which overshadows all conflict of interest procedures and safeguards which were followed (Mr. Fuller noted his conflict of interest due to his affiliation with Inwood National Bank and physically removed himself from the Board meeting and did not participate in the vote). This philosophy not only asserts Mr. Fuller having undue influence over the Board, but also asserts that the remaining four Board members can be unduly influenced, especially in maters pertaining to the expenditure of public funds. The WEDC Board as a whole takes issue with this position and respectfully requests that the City Council consider the character of the Board members which it has appointed when reflecting on this specific matter. Within the Finance Director's memo dated 2-3-06, the issue is further questioned as it related to the bid procedures and evaluation. The specific comment is that the responses to Option "A" provided within the RFP were not evaluated properly. Option "A" requested a fixed interest rate with maximum number of years. The WEDC did not specify a 10-year fixed rate (provided by American National Bank) or prohibit 2, 5-year fixed rates (provided by Inwood National Bank). Those variables were developed and provided by each individual bank. The Board assessed the responses to the RFP in good faith and awarded the bid to Inwood based upon their evaluation of Inwood's terms as WEDC—Response to City Council April 4, 2006 Page 4 providing the best interest rate to the WEDC. Mr. Williamson argues that the Inwood response was outside of the parameters requested within the RFP and should have not • • been considered. The WEDC Board respectfully disagrees with Mr. Williamson's assessment and maintains that although the rate does change after the initial 5-year period, the rate is fixed and does not fluctuate based upon any market or interest rate changes. In the future however, in order to avoid undue scrutiny from even the most vigilant and possibly biased perspective, the WEDC believes that all development of RFP's for loan packages and analysis of the same be preformed by a third party. Mr. Williamson has recommended that First Southwest could be utilized to perform such a service with the WEDC Board agreeing with said recommendation. The second Related Party Transaction pertains to the construction and installation of two automatic gates by JC Ornamental Iron Works to replace the existing gate at B.E.&H. (also serving Mann Made, Inc.). The existing gate was required to be removed for the construction of Cooper Drive (a WEDC project). This same gate was slightly damaged by the demolition of the Extruders building on the WEDC site. The WEDC did not perform a competitive bidding process which is not required of the WEDC being that it is not a political subdivision. While the competitive bidding process can be beneficial a majority of the time, the timing of the project did not allow for this process. With time being of the essence in the construction of the gates, the WEDC hired JC Ornamental Iron Works to perfoilmm the work basing its choice on the 'local business' status than on the owners direct ties to the City Council. Staff does not believe that it is in the best interest of the WEDC to prohibit financial transactions in which a Board member has a financial interest, as long as that interest is publicly disclosed. Even though a conflict of interest exists, its full and public disclosure provides the foundation for the Board to act in good faith and with ordinary care in consideration of and approval of a transaction. This Board acted in good faith and with ordinary care. Questionable Expenses Each year the WEDC present its annual budget to the Wylie City Council for their review and approval. 'Community Development' has always been an emphasis within the WEDC budget in its support of entities such as the Wylie Chamber of Commerce, Wylie Christian Care Center, Wylie Rotary Club, etc. The WEDC's involvement in such activities has been called into question as to whether these expenditures can be categorized as 'promotional' and what statutory authority exists. The WEDC Board of Directors recognize that recent expenditures, such as participation in the Blackland Prairie Foundation fundraiser, have raised questions as to what public purpose was being served, the legitimacy of the promotional intent of the expenditure, WEDC—Response to City Council April 4, 2006 Page 5 and the WEDC undermining a City Council decision. As stated in the attached Opinion Letter from Julie Fort dated March 31, 2006, "whether an expenditure serves a • • . promotional purpose that advertises or publicizes the City of Wylie for the purposes of developing new and expanded business enterprises must be determined by the Board of Directors." The WEDC Board recognizes however that the Wylie City Council approves all programs and expenditures of the WEDC and moreover may disapprove all programs and expenditures. The WEDC believes that the Wylie City Council must have confidence that the WEDC Board can deteiuiine the legitimacy of expenditures without day-to-day oversight by the City Council. To support and enhance that confidence, the WEDC Board of Directors recommends that the WEDC present to Council, for their consideration and approval, a Promotional Expenditures policy which clearly outlines the process and criteria by which the WEDC Board will consider all promotional expenditures in the future. The WEDC Board believes this policy can be developed and presented to the City Council within the next 45 days. Furthermore, there has been a documented inquiry as to the legitimacy of a "personal" expenditure by the WEDC Executive Director for a golf outing with City of Wylie employees (City Manager, Finance Director and City Engineer). The WEDC Board believes that economic development does not happen in a vacuum and is predominantly relationship driven. The purpose of the above outing absolutely was to improve relationships. There is no doubt that these relationships impact the operations of the WEDC. The Board is not advocating the legitimacy or invalidity of this transaction, merely stating the thought process in place at the time the expenditure was authorized and approved. Again however, in recognition that the WEDC must address all inquiries and maintain certain internal controls to prevent invalid and unauthorized expenditures, a Financial Standards and Accountability policy will be developed addressing the spending authority and limitations of the WEDC Executive Director and establishes guidelines and a structure which prohibits any expenditure for strictly personal purposes. The WEDC Board will deliver this policy to Council within the same time frame as the Promotional Expenditures policy. Accounting and Administration In a year of multiple and complicated financial transactions, the WEDC lacked in its timely reporting of incentive packages and purchases to the Finance Department. That deficiency can be easily satisfied by more in-depth and timelier communication with the Finance Department. As a first step to achieving that goal, and as required by WEDC by- laws, the WEDC will begin providing the City Council with monthly financial reports. The new INCODE financial system being utilized by Finance can develop a Budget Analysis Report, Revenue and Expense Report, and a Balance Sheet. WEDC staff will WEDC—Response to City Council April 4, 2006 Page 6 • present these report to Council each month at a City Council meeting to answer questions pertaining to any and all WEDC financial activity. The WEDC Board erred in its assumption that City staff creating monthly financial reports for the WEDC met the financial reporting requirement. This lack of direct communication to Council will not be repeated. WEDC's Relationship with Administrative Departments To address this concern by the Finance Director and City Manager, the City Council and WEDC Board approved an Amended and Restated Interlocal Agreement which compensates the City in the amount of$5,000 for work and materials requested directly from City departments. While this initiative allows staff to directly approach City departments for information and materials, the City Manager and staff have an infoiuial understanding that should the request require an inordinate amount of time, the request should be documented and submitted to the City Manager for approval. Insurance Premium Payments • Inadvertently, the WEDC has not been paying the City for its general liability or E&O insurance. Even though the City did not request payment from the WEDC, this responsibility is required within the WEDC By-laws. Payment of the above insurance has been made. By-Iaws In addition to the above recommendations, the WEDC will undertake a complete review of its By-laws. Issues such as financial reporting to Council, WEDC's relationship with administrative departments, and insurance premium payments are all addressed in the By- laws. A thorough review of this governing document will allow for a more proactive approach to potential oversights. Conclusion Honorable Mayor and City Council members, the WEDC Board of Directors believes that this situation can be a positive step forward in developing and maintaining WEDC policies and the working relationship with the City of Wylie and is a necessary process which must be completed to satisfy the City Council and the Wylie community. We look forward to your response/direction and working with you to resolve these issues. WEDC—Response to City Council April 4, 2006 Page 7 Sincerely, Marvin Fuller,President Merrill Young, Vice President Gary Bartow, Secretary/Treasurer John Yeager, Member Samuel Satterwhite, Exec. Director