07-09-2019 (City Council) Agenda Packet Wylie City Council
NOTICE OF MEETING
Regular Meeting Agenda
July 9, 2019 - 6:00 p.m.
Wylie Municipal Complex
Council Chambers
300 Country Club Road, Building #100
Wylie, Texas 75098
Eric Hogue Mayor
David R. Duke Place 1
Matthew Porter Place 2
Jeff Forrester Mayor Pro Tem
Candy Arrington Place 4
Timothy T.Wallis, DVM Place 5
David Dahl Place 6
Chris Hoisted City Manager
Richard Abernathy City Attorney
Stephanie Storm 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: www.wylietexas. ov
within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie
website: www.wylietexas.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 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS
• Junior Mayor Lucca Romano
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. 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.
July 9,2019 Wylie City Council Regular Meeting Agenda Page 2 of 3
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. Consider, and act upon, approval of the Minutes of June 25, 2019 Regular Meeting of the
Wylie City Council. (S. Storm, City Secretary)
REGULAR AGENDA
1. Consider, and act upon, a Preliminary Plat to establish Brookside Estates, creating 68 single
family residential lots and 11 open space lots on 14.599 acres within Wylie's ETJ, located at
2121 Stone Road approximately 1800' east of Kreymer Lane. (J. Haskins, Planning Manager)
Executive Summary
MOTION TO RECONSIDER
The applicant is requesting the item be reconsidered based on a revised plan. The revision does not include
realignment of the existing sewer line or easement, nor does it propose alleys. The proposed plat has been
revised to reflect a 35' front yard setback on all lots along the eastern boundary,with all other lots being 25'
front yard setback. In addition,the applicant is requesting that no alleys be required for the subdivision. The
minimum lot size is 5,750 sf, maximum lot size is 8,714 sf, with an average lot size of 6,835 sf. There is
87,246 sf of open space,landscape buffers,and detention area within the proposed subdivision.
2. Consider,and act upon,the Certified Reasons for Denial of the Brookside Estates Preliminary
Plat. (C. Hoisted, City Manager)
Executive Summary
On June 25, 2019,. the City Council denied the Preliminary Plat for Brookside Estates. At that time, the
developer's attorney formally requested that the City Council provide the"certified reasons for denial"of the
Brookside Estates Preliminary Plat.
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited
to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087--Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076 -Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
July 9,2019 Wylie City Council Regular Meeting Agenda Page 3 of 3
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on July 5, 2019 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.
Stephanie Storm,City Secretary Date Notice Removed
Wylie City Council
C f T'°" C
Minutes
Regular Meeting
June 25, 2019—6:00 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:02 p.m. The following City Council members were
present: Councilman David R. Duke, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington,
Councilman Timothy T. Wallis, and Councilman.David Dahl. Councilman Matthew Porter was absent.
Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Police Chief Anthony Henderson; Chief Building Official Bret McCullough;
Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director
Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Planning Manager Jasen
Haskins, Library Director Rachel Orozco; Human Resources Manager Lynn Fagerstrom; WEDC
Assistant Director Jason Greiner; Project Engineer Wes Lawson; City Attorney Ryan Pittman; Municipal
Court Judge Art Maldonado; City Secretary Stephanie Storm, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor pro tern Forrester gave the invocation and Councilman Duke led the Pledge of Allegiance.
PRESENTATIONS
• Outgoing Wylie Boards and Commissions Members; Oath of Office for Incoming Members
Mayor Hogue presented outgoing board members gifts of appreciation for their service. Mayor Hogue
thanked each member for volunteering their time to serve on the various boards and commissions.
Judge Art Maldonado administered the Oath of Office to the newly appointed board and commission
members in attendance.
• Parks and Recreation Month Proclamation
Mayor Hogue presented a proclamation recognizing the month of July as Parks and Recreation Month in
the City of Wylie. Parks and Recreation Director Robert Diaz, Parks Manager Brent Stowers, Recreation
Manager Carmen Powlen, and Administrative Assistant Janet Hawkes were present to accept the
proclamation.
Minutes June 25, 2019
Wylie City Council
Page 1
• Employee Milestone
Mayor Hogue and City Manager Hoisted presented milestone anniversary honors to the following
employees:
• Ernest TeBay, Crossing Guard— 15 years of service
• Chris Campbell, WFR Fire Captain— 15 years of service
• Renae 011ie, Assistant City Manager— 15 years of service
• James Brown, WFR Battalion Chief—25 years of service
• Wylie PD Promotional Badge Pinning
Police Chief Henderson congratulated Lieutenant Scott Stowers on his recent retirement with 25 years of
law enforcement experience.
Henderson administered the Texas Oath of Honor to newly appointed Sergeant Jeff Callan, Sergeant
Jason Prince, Corporal Jacob Perry, Corporal Helen Taylor, and Corporal Gabrielle Williams. Sergeant
Jason Prince was pinned by his father-in-law Bud Mitchell. Sergeant Jeff Callan was pinned by his
daughter Chloe and son Kegan. Corporal Helen Taylor was pinned by her husband David. Corporal
Gabrielle Williams was pinned by her husband Brent. Corporal Jacob Perry was pinned by his wife
Alisha.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. 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.
• Justin Dumlao addressed Council requesting that infrastructure be a priority with regard to roadways,
and requesting that funds continue to be available to maintain and expand City services such as the
Library, Parks, and Public Safety during the budget process.
• Keith Stephens addressed Council stating the EDC presented the current status of the EDC at the
Chamber of Commerce luncheon earlier in the day and asked that Council consider attending and
supporting important events such as these in the future.
• Pamela Hart addressed Council commending the women on the police force and said she looks
forward to additional diversity in the law enforcement ranks.
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. Consider, and act upon, approval of the Minutes of June 11, 2019 Regular Meeting of the
Wylie City Council. (S. Storm, City Secretary)
B. Consider, and act upon, a vendor application for the Wylie ISD Council of PTA's "Back to
the Future Back to School" event at Olde City Park on August 24, 2019. (R. Diaz, Parks &
Recreation Director)
C. Consider, and act upon, a vendor application for the 1LT Robert F. Welch III Charity
"Family Music in the Park" event at Olde City Park on July 26, 2019. (R. Diaz, Parks &
Recreation Director)
Minutes June 25, 2019
Wylie City Council
Page 2
D. Consider, and act upon, the award of bid #W2019-84-A for Concrete Maintenance & Repair
(Various Locations) to GT Construction Inc., in the estimated annual amount of$750,000.00,
and authorizing the City Manager to execute any and all necessary documents. (G. Hayes,
Purchasing Manager)
E. Consider, and act upon, approval and final acceptance of the Newport Harbor Pump Station
Improvements project and authorize final payment to Red River Construction Company,
Inc. in the amount of$41,004.09, and accept the project as complete. (T. Porter, Public Works
Director)
F. Consider, and act upon, Ordinance No. 2019-15 to amend Planned Development 2017-11,
Section 5.5.f to set forth 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of
Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary
Road and Hensley Lane.ZC 2019-07. (J. Haskins, Planning Manager)
G. Consider, and act upon, Ordinance No. 2019-16 to change of zoning from Agricultural
(AG/30) to Commercial Corridor, property located at 2455 Country Club Road (Tract 2
William Patterson Survey). ZC 2019-08. (J. Haskins, Planning Manager)
H. Consider, and act upon, a Final Plat for Birmingham Place Phase 5 Lots 1 and 2, Block A to
establish two commercial lots on 5.251 acres located on the northeast corner of Park Blvd.
and FM 1378. (J. Haskins, Planning Manager)
I. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
May 31,2019. (M. Beard, Finance Director)
J. Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2019.
(M. Beard, Finance Director)
K. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of May 31,2019. (S. Satterwhite, WEDC Director)
Council Action
A motion was made by Councilman Dahl, seconded by Councilman Duke, to approve the Consent
Agenda as presented. A vote was taken and motion passed 6-0 with Councilman Porter absent.
Mayor Hogue convened the Council into Executive Session at 7:02 p.m.
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not
limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087 --Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING.
A governmental body may not conduct a private consultation with its attorney except:
Minutes June 25, 2019
Wylie City Council
Page 3
(1) when the governmental body seeks the advice of its attorney about:
a. Pending or contemplated litigation; or
b. A settlement offer, or
(2) on a matter in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter.
• Development Regulations
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Open Session at 8:05 p.m.
REGULAR AGENDA
1. Consider, and act upon, authorizing the City Manager to sign an Agreement between John
Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation
into the City limits and the development of single-family homes within property located in
the City's Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east
of Kreymer Road, and more specifically at 2121 E. Stone Road. (J. Haskins, Planning
Manager)
Staff Comments
Planning Manager Haskins addressed Council stating the applicant is proposing an Agreement relating to
the annexation of a 14.599-acre residential development consisting of 62 residential lots. The property is
currently in the City's ETJ off Stone Road east of Kreymer. This Agreement offers the same conditions as
the Agreement considered by Council on April 9, 2019.
Applicant Comments
Art Anderson, applicant's attorney, addressed Council requesting to speak on Items 1, 2, and 3 together as
they are all related. Anderson stated if Council decides to approve the Item 1 Agreement, they will waive
all enforcement rights under HB 2439 and will work with the City Attorney if other language needs to be
included in the Agreement. Item 2 is the relocation of the sanitary sewer line and is contingent upon Item
1. Item 3 is the preliminary plat. The difference between the proposed preliminary plat and the prior
preliminary plat submitted at the April 9 meeting is that the sanitary sewer line does not move. Anderson
stated the preliminary plat meets all of the requirements for the City Subdivision Regulations except the
setback requirement. Anderson reported that the applicant requests that if Council does not approve Items
1 and 2 that they approve Item 3. If the Council approves Items 1 and 2, the applicant would agree to
withdraw Item 3.
Ryan Pittman, City Attorney, addressed Council stating within the Subdivision Regulations there is a
requirement of 50-foot setbacks within the ETJ. The usual and customary setback within the City limits
is 25 feet. The City does have authority to enforce setbacks within the ETJ, but it is the applicant's
position that the City cannot enforce the setbacks under State Law.
Council Comments
Councilman Dahl asked about the request for reduction in parkland dedication fees. Adam Buczek and
Trey Wallette, representing Skorburg Company, responded the Parks Board recommended that they pay
the full park fees; but $22,000 of those park fees can be used on park improvements as a reimbursement
to their community. Dahl asked why the applicant is requesting to use less than required, in accordance
Minutes June 25, 2019.
Wylie City Council
Page 4
with City standards, masonry exterior requirements on the homes and reduce the elevation repetition from
seven to five. Wallette responded the 80%masonry gives the builder the option to have some architecture
relief and the elevations allow the consumer to choose, and both come at the request of the homebuilder.
Citizen Comments
Bethany Packard, Laurie Pollard, Julie Kilgore, Chad Packard, and Geoff Kilgore addressed Council with
concerns related to the proposed subdivision including the large trees on the property, access to their
property, maintenance of the area behind the fence, changing the flow of water which could result in the
drying up of ponds, 15 feet setbacks, potential drainage issues, and pollution.
Applicant Comments
Buczek addressed Council responding to some of the concerns. In regards to the drainage, Buczek stated
the developer has protections and processes that ensure the requirements of the City and State must be
met so the flow, volume, and concentration of the water must stay the same. Concerning who maintains
the area behind the fence within the tree preservation buffer, Buczek reported that the applicant could
include language that states the HOA maintains that area. Concerning preserving the large trees, the
applicant has added the tree buffer to save the specimen trees that are the most mature and beautiful trees
and removed two lots to save large specimen trees.
Mayor pro tern Forrester asked the developer if they had met with the adjacent neighbors. Buczek
responded Dr. Kilgore went to their office and Wallette reported he met with the Pollards and Mr. Kilgore
and emailed with Mr. Packard.
Council Action
A motion was made by Councilwoman Arrington to authorize the City Manager to sign an Agreement
between John Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation
into the City limits and the development of single-family homes within property located in the City's
Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east of Kreymer Road, and
more specifically at 2121 E. Stone Road.
Pittman clarified that, if Item 1 is approved, the developer has offered to work on including language to
preserve the City's right to impose the utilization of specific building materials. He suggested including
language such as "moved to approve, subject to developer working with the City Attorney's office on
language addressing their waiver of HB 2439." Councilwoman Arrington made a motion to adopt the
modifications as suggested by Pittman. The motion and modification were seconded by Councilman
Dahl.
A vote was taken and motion failed 2-4 with Mayor Hogue, Mayor pro tern Forrester, and Councilmen
Duke and Wallis voting against, and Councilman Porter absent.
2. Consider, and act upon, authorizing the City Manager to sign an Agreement between John
Englar and Yanyn Duan or their assigns and the City of Wylie to relocate a sanitary sewer
line and sewer easement within property located in the City's Extraterritorial Jurisdiction
(ETJ), located at 2121 E. Stone Road. (J. Haskins, Planning Manager)
Citizen Comments
Julie Kilgore addressed Council clarifying that the developer did not reach out to her; she went to their
office.
Council Action
A motion was made by Councilwoman Arrington, seconded by Councilman Dahl, to authorize the City
Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of
Minutes June 25, 2019
Wylie City Council
Page 5
Wylie to relocate a sanitary sewer line and sewer easement within property located in the City's
Extraterritorial Jurisdiction (ETJ), located at 2121 E. Stone Road. A vote was taken and motion failed 2-4
with Mayor Hogue, Mayor pro tern Forrester, and Councilmen Duke and Wallis voting against, and
Councilman Porter absent.
3. Consider, and act upon, a Preliminary Plat for Brookside Estates Addition to establish 68
residential and 11 open space lots on 14.599 acres within Wylie's ETJ, located at 2121 Stone
Road approximately 1800' east of Kreymer Lane. (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating that under this preliminary plat, the property would
stay in the ETJ, there is no annexation or development agreement. The proposed residential lots and
layout generally meet the requirements of the Subdivision Regulations; however, the plat currently
displays the building line setback at 15 feet. The Subdivision Regulations require 50-foot setbacks for
residential lots in the ETJ. Water would be served by East Fork SUD and sewer would be served by the
City of Wylie due to the property being within Wylie's sewer CCN (Certificate of Convenience and
Necessity).
Haskins reported the Commission recommended denial 7-0 and expressed concerns about the setbacks.
Haskins reported the applicant was asked if they would increase the setbacks on the larger lots as the
increased depth of those lots may allow an increased setback and the applicant declined.
Citizen Comments
Justin Dumao addressed Council speaking in favor of the development.
Bethany Packard and Julie Kilgore addressed Council regarding concerns with the developer not working
together with the adjacent property owners and the City to come up with a reasonable plan and solution
for this property.
Geoff Kilgore addressed Council regarding the general provisions for the ETJ in the Subdivision
Regulations.
Council Action
A motion was made by Councilwoman Arrington, seconded by Councilman Wallis, to deny a Preliminary
Plat for Brookside Estates Addition to establish 68 residential and 11 open space lots on 14.599 acres
within Wylie's ETJ, located at 2121 Stone Road approximately 1800' east of Kreymer Lane. A vote was
taken and motion passed 6-0 with Councilman Porter absent.
Art Anderson requested certified reasons for denial under Chapter 212.
4. Consider, and act upon, approval of Resolution No. 2019-18(R) authorizing the application
for a Collin County Park and Open Space Grant for the purpose of the Twin Lakes Park
Trail project. (R. Diaz, Parks &Recreation Director)
Staff Comments
Parks and Recreation Director Diaz addressed Council stating the grant application requests $280,020 in
funding from Collin County for the purpose of installing trails and a playground in Twin Lakes Park
following the recommendations in the 2010. City of Wylie Parks, Recreation and Open Space Master
Plan, and the Trails Master Plan. At this time, proposed improvements in the application include
construction of approximately 1,980 linear feet of 10-foot and 8-foot-wide, concrete hike-and-bike trail,
two low-water crossings, ADA ramps and pedestrian access from the park crossing Canyon. Lake Drive,
litter receptacles, and benches.
Minutes June 25, 2019
Wylie City Council
Page 6
Council Action
A motion was made by Councilwoman Arrington, seconded by Mayor pro tern Forrester, to approve
Resolution No. 2019-18(R) authorizing the application for a Collin County Park and Open Space Grant
for the purpose of the Twin Lakes Park Trail project. A vote was taken and motion passed 6-0 with
Councilman Porter absent.
5. Consider, and act upon, the acceptance of the withdrawal of applicant Roger Lang and the
appointment of an alternate board member to the Zoning Board of Adjustments to fill the
term of July 1, 2019 to June 30, 2021. (S. Storm, City Secretary)
Council Comments
Mayor Hogue asked Mayor pro tern Forrester if the Board and Commission Interview Panel had a
recommendation for an alternate Zoning Board of Adjustment meember. Forrester stated they would like
to recommend Shaun Chronister as the alternate board member.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to recommend Shaun
Chronister as the alternate. A vote was taken and motion passed 6-0 with Councilman Porter absent.
Mayor Hogue convened the Council into Executive Session at 9:07 p.m.
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or
consultation with attomey as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not
limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087—Discussing certain economic development matters.
§551.073 Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING.
A governmental body may not conduct a private consultation with its attorney except:
(1) when the governmental body seeks the advice of its attorney about:
a. Pending or contemplated litigation; or
b. A settlement offer, or
(2) on a matter in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional. Conduct of the State Bar of Texas clearly conflicts with this
chapter.
• Discuss Drainage Issues
Council came out of Executive Session at 9:35 p.m. and convened into the Executive Sessions listed
below at 9:38 p.m.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS; CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
Minutes June 25, 2019.
Wylie City Council
Page 7
(1) to discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have locate, stay,
or expand in or near the territory of the governmental body and with which the governmental
body is conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by
Subdivision (1).
• Deliberation regarding commercial or financial information that the WEDC has received
from a business prospect and to discuss the offer of incentives for Project 2019-6a and 2019-
6b.
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value
of real property if deliberation in an open meeting would have a detrimental effect on its negotiating
position.
• Consider the sale or acquisition of property located near Highway 78 and Ballard.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Open Session at 10:25 p.m.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
City Secretary Storm read the captions of Ordinance Nos. 2019-15 and 2019-16 into the official record.
ADJOURNMENT
A motion was made by Councilman Duke, seconded by Mayor pro tern Forrester, to adjourn the meeting
at 10:27 p.m. A vote was taken and the motion passed 5-1 with Councilman Dahl voting against and
Councilman Porter absent.
Eric Hogue, Mayor
ATTEST:
Stephanie Storm, City Secretary
Minutes June 25, 2019
Wylie City Council
Page 8
Wylie CityCouncil
ciTY
Y
AGENDA REPORT
Meeting Date: July 9, 2019 Item Number: 1
Department: Planning (City Secretary's Use Only)
Prepared By: Jasen Haskins Account Code:
Date Prepared: July 5, 2019 Exhibits: 2
Subject
Consider, and act upon, a Preliminary Plat to establish Brookside Estates, creating 68 single family residential lots and 11
open space lots on 14.599 acres within. Wylie's ETJ, located at 2121 Stone Road approximately 1800' east of Kreymer
Lane.
Recommendation
Motion to a Preliminary Plat to establish Brookside Estates, creating 59 single family residential lots and
four open space lots on 14.599 acres within Wylie's ETJ, located at 2121 Stone Road approximately 1800' east of
Kreymer Lane.
Discussion
OWNER: John Englar and Yanyu Duan APPLICANT: Trey Wallette for Skorburg Company
MOTION TO RECONSIDER
The applicant is requesting the item be reconsidered based on a revised plan. The revision does not include realignment of
the existing sewer line or easement,nor does it propose alleys.
The applicant is proposing a 14.599-acre residential development consisting of 59 residential lots and four open space lots
and a detention area. The property is in the City's ETJ in the county of Collin. As such, the City's Subdivision
Regulations apply along with the City's engineering standards, such as street design, due to an inter-local agreement with
Collin County. The Zoning Ordinance does not apply in the subject subdivision.
The proposed plat has been revised to reflect a 35' front yard setback on all lots along the eastern boundary, with all other
lots being 25' front yard setback. In addition,the applicant is requesting that no alleys be required for the subdivision. The
minimum lot size is 5,750 sf, maximum lot size is 8,714 sf, with an average lot size of 6,835 sf. There is 87,246 sf of open
space,landscape buffers, and detention area within the proposed subdivision.
The proposed plat dedicates the necessary right of way for future expansion of Stone Road.
Water would be served by East Fork SUD. Sewer would be served by the City of Wylie due to the property being within
Wylie's sewer CCN(Certificate of Convenience and Necessity).
The plat is technically correct except for the building line setback of 50' as stated in the Subdivision Regulations. If the
property were within city limits, the required front yard setback would be 25'. In accordance with Subdivision Ordinance
Section 3.2.B, the City Council may waive the requirement of alleys if deemed in the best interest of the City.
On June 25r' City Council denied the Preliminary Plat 6-0. That plat is attached as well as a revised Lot Layout Exhibit for
reference.
Page 1 of 1
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Emilio.' I �' BROOKSIDE ESTATES
w LOT LAYOUT EXHIBIT
I
190 NOS,FOTO..OWE
99
-, xE __ _-- - �`�$ANNISTER
a1 w� a�e . _- 2945 low
��E NF ,a.' ER 1 N G
,« .. 4.-,b o7r A-Of
OWNERS DEDICATION1 NOW,THEREFORE,KNOW ALL MEN BY-RIESE PRESENTS:
WHEREAS_101.ENGLAR&TAM,DUAN,are the sole u(s)of 19599 acres(635,994 square feet)of lane In the Franciscoherein by and through Its duly authorized officers,does hereby adopt this plat designating the herein above described Property as
De La Pu,a Survey,Abstr..Number.8,Coll.County,Tex.;S.aid t,599 ..(N. ) ounty,Texas,
eettain tract of land des,ibed in a General Warranty fleet t thereinafter SURVEYORS CERTIFICATE
GacENGLAR A e Yd forever,
pure r and public use areas,
5 ry w .C.cT.,,said n landscape easements,if approved by the t bem
' Official Public Records, R' forever for the purposes _ growths shall construct.
KNOW ALL MEN BT THESE PRESENTS that I,Michael Dan Davis,.
lat
9a es(sls feet) an c described, ids bounds,acmeseasements as t that rovement be laced easements
may also be used for the mutual use and acconuModat,On of all public utilities desiring to Using the same Unless the easement m y council of the City use tO particular ,Wylie.In addition, ryduse byan,.field
vicemty that)prepared ids real Ply paces r need
n m f g ore particularly de d by me
BEGINNING at a one-half inch iron rod
that certain tract of land described in a Warranty De s ila'(her= the Not.east corner of
publIc uttles beng abmdnate to the pub cs antl 0,,Wylie,use thereof. e ere S° r.Perso p,rytG onnarzw ewth then 0 ey uts of the City of WYe exams...ShOwn thereon were pm
Ea es(herenarte re to as Cates)as recorded in
as recorded in Volume 5135,Page 3349,0.P.R.C.C.T.,same also being the South line of that certain tract of land described in a The boor ry otherimprovements o growthsPRELIMINARY,
Warranty De.with Vendor's Lien to Guy I...CateS and vide,Instrument Number 20o]06nD0oeSt39a OPRc.cT., whic THIS DOCUMENT SHALL NOT BE
en...shall at all times have the full ught of Ingress and egru5s to or from their respective easements for the purpose of constructing,reconstuo.ng,Fils.13c.n9,paay in any way endanger or interfere with the construction,maintenance,or efficie,of their respective systems in said easement.The Ctu at Wylie and public trolling,
distancemaintaining,reading meters,and add5ng to or removing all or partS of their respective systems without the necessity at any
the line between platting oasof cry ofwre Tea. RECORDED FOR ANY PURPOSE AND SHALL NOT BE •
menu procuring permission vox SURVEY DOCUMENT WED OR RELIED UPON sn�NAE • ��:
County,
utheast corner of said Cates tract,
a«ording to the plat record.in Instrument Number malso being the West Ilne Of Grayhavik Park(hereInafter referrod te as�e6weatRe as(P..cC.)e WITNESS MY ANDAr exas,bathe y m19.yhawk Park),an additron tO the City of Wylie,Colim n9mB
from which bears s90 mnutes32sero s e eof0.]9feeestonal Land BANN
NG,LLC
T.B.P.L.S.REGISTRATION NO.101,3823
THENCE South 00 deghue,90 minutes 32 seconds West with the common line betw.n said ENGL.tract a.suul GrayhaWk
Park,pass at a distance of 246.59 feet,the
n mfor,vu�nrfirParty Northwest
THE STATE OF TEXAS
striae tad of a warSouthwest
nDeed ,vend Favor MeaPac m and muNly of COLLIN
Bethany Lynn Packard(hereinafter referred tO as PaC d)as recorded in Instrument Number,9.93102900095 920 O.Paee. By _ _ BY
al.continue with said course.the CoMIT.line between s.ENGL.tract a.said Packard tract,pass at a distance, 301-IN ENGLAR YAWL)DUAN
a General aSouthwest
roco e n�ch�novn�said Packard
Northwest e�e�eer��t m m a�P Pollard
described in known to me to be the son whose name e,ub...to theforegoing instrud,a Notary Palk in and...State of Texas,on th,s ment,personally nwledged m me thatne Davis,
executed same for the
record.in Volume 3,96,Page 2.2.3,OP.R.C.C.T.,and eon..with said course and the common line between said ENG.,tract
and said Pol.tract for a total distance of 1200.07 fee(to a Five-eighth,alch iron rod vi,th P,a,tiC cal,S.mPed"...AR, purpose and mnsderaton therein expressed and in the capacity therein stated.
SOLUTIONS"found for
the Southeast
am a existing re fay line of East StoneRae am known as Cu eia right-of-way);ner of said ENG,R ay OWNER'S DEDICATION.STATEMENT Given under my nab and Seal Of OffiCe,thi,_...day of _...........-,zol9WRIER LINE AND WATER LINE APEUKFENANCES
-MENU North 88 degrees 52 El.,.40 seconds West,departing the West line of said Poll.,tract a.with the comm.line
between said ENGLAR tract and the existing North right-of-way line of said East Stone Road,a distance of 252.46 feet to a
that certam tract or!and des.. Southerly
ura Deedtvatn Vear's Len t Of o Penn co-edPoperties,LLC(he;aaest(hereinafter Now,mersmre Know Ail Men by these Prerenm.nm by and mrongb in amy aumnraed nrhCer,does hereby adept mlS Mtn( hereon aa,BnooesmE EsrATEs,an aminon Notary blue in and for the State of Teas
as Pebble Street Properties ),ale bean Instrument Number:OvaSi000o59n OaPe.c.C.T., NG'AR b i t re I n �m n cenan,Tea.' ereveme S one�eS aeS was SYSppt ea e.n e. oSAea urn v Ste ....ay
THENCE Notth 01 degree 09 minutes lb seconds East,departing the existing North right,of-way line of said East Stone Road a.
with the common line between said ENG.tract and with said Pebble Street Properties tract,a distance of S22.63 feet to a STATE OF TEXAS
three-eighths inch iron rod found for an inne,ell corner of said ENGL.
same being the NortheaSt corner of said PON,
Street pmpboieeeath, Before me,the undersign.,a Notary Public in and for said County and State,on this day personally appeared IOBN EN6uR,known m me m be the person whom name s
THENCE Notth 88 degrees SU minutes 03 seconds West,continue with the common line between said ENGL.hact and with said ...cull,.to the fOregOIng 1..1.and a(knOWledgedlO Me that be eXee,ed SO(ne far the plirpOSe and O0t1,1du,attOrl.therein e%pre,Sed.
Pebble Street Properties tract,pass ata distance of299.90fat,theNom,west corner of said Pebble Street Pmpelties tact,same
certainbeing the NOrtheast earner of that Ilact Of land describedWarranty De.with Vendors L.to Daryl McCullough aa.wife,Ruby Dian ugh(hereinafter referredCO CO.as MCCLllough tr.),as record.In Volume 4595,Page ME,0,P.RCC'I'-374.90 feet,the Northwest corner of Green uncle y non and seal of office,this the y ,2019.
a.continue with saJd course a.the common line...en sard ENGLAR tract a.sad mcGullough tract,pass at a distanre of
in a General Warranty Deed to Wendell Af McCullough tract,same being HD lell(hereiafterarefer etl to asner of hat Danael tracttain s tract tldon Innbed
Volume 5312.,Page SW,0.P.R.C.C.T.a.continue with said course a.the common line between said ENGL.Ira,a.said
Damel tract for a total distance of S00.37.feet to a five-eghths inch iron rod with plastic cap stamped uBOUNDARY SOLUTION,
found for tile Westerly Southwest corner of said ENGLAR tract,same being the Northwest corner of said Damei tract,same also Notary Public in and for the State of Texas
tract,a V .. ex or p es
TR MCC No..00 degrees 59 minutes 99 seconds East with the common Erie ba'ween said ENGLAR tract and
la
of 6/5.80 feet to the PLACE OF BEGINNING,meta ni y a calculated area of 19.599 acrex d(5i5,94,q,lasrelfeet)Of STATE OF TE.
land. COUNN OF COLLIN
Countyantl Stateonthis day personally appeared YIE DUAL known to them be the person whose name is
ZoningGiven under my hand and seal or office,this the day of
Notary Public in and for the State of TeX.
My commission expires'
'Recommended for Approve'
Chairman,Planning& Comm.on Date.
City of Wylie,Texas
NOTE"Preliminary Plat for Review Purposes Only"
Approved f«rnosdvcmo PRELIMINARY PLAT
Mayo,ay of Wylie,TeX. Dare. OF
Accepted BROOKSIDE ESTATES
14.599 acres out of the
Mayor,City nf Wyk,Texas Date. Francisco De La Pina Survey,Abstract Number 688
''Tlue undersigned,
,was submitted to hem"Cu6ev°nof the cl"of xas,heeyertifi O Cow, Collin County,Texas
the day of .18 and the Council,by formal then and there accepted the d.ication of streets,alley,
park,eaSerweaameel{1.1.Plei"oo.dater an 5ew.rl,net asahnwn andSet farm many upnn Said nat and Said menu further authnn.ed themayn to note me acceptance therebe 68 Residential Lots&11 Open Space Lots
Witness my band thhs. day of ,A.D.,z019. Prepared Date:December 2018
Revision Date:May 2019
City Secretary
2 OF 2
Cry of Wylie,Texas ENGINEER/SURVEYOR: OWNER/DEVELOPER:
BANNISTER ENGINEERING,LLC ]OHN ENGLAR&YANYA DOAN
240 NORTH MITCHELL DRIVE 503 STONEHEDGE DRIVE
MANSFIELD,TEXAS 76063 WYLIE,TEXAS 75098
CONTACT:MICHAEL DAVIS,RPLS
PHONE:8I7-842-2094
Mlke@bannistereng.com
Ir• BANNISTER
C1 ENGINEERING
240 North Mitchell Road i Mansfield,TX 76063 I H 7.142.2094 i 817.842.2095 fax
TBPLS REGISTRATION NO.10193823
Wylie CityCouncil
Y
( fTY° 0 -
AGENDA REPORT
Meeting Date: July 9, 2019 Item Number: 2
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: July 3, 2019 Exhibits: Letter
Subject
Consider, and act upon, the Certified Reasons for Denial of the Brookside Estates Preliminary Plat.
Recommendation
Motion to approve the Certified Reasons for Denial of the Brookside Estates Preliminary Plat.
Discussion
On June 25, 2019,. the City Council denied the Preliminary Plat for Brookside Estates. At that time, the developer's
attorney formally requested that the City Council provide the "certified reasons for denial" of the Brookside Estates
Preliminary Plat.
Section 21.2.009€of the Local Government Code requires the City Council to certify the reasons for the action taken on
the preliminary plat application at the request of the applicant. The attached letter cites the reasons for denial and will be
provided to the developer and representatives upon approval by Council.
Page 1 of 1
Our Mission...
...to be responsible stewards of the public trust,
to strive for excellence in public service
and to enhance the quality of life for all.
July 9, 2019
Skorburg Company VIA Certified Mail, RRR
Attn: Mr. Trey Wallette No. 7017 1070 0001 0882 8129
8214 Westchester Drive, Suite 710 and Via Email
Dallas, Texas 75225
tallette@skorburgcompany.com
Mr. Art Anderson, Esq. Via Email
Winstead PC
2728 N. Harwood Street, Suite 500
Dallas, Texas 75201
aanderson@winstead.com
RE: Denial of the Preliminary Plat for Brookside Estates, a proposed subdivision creating 68 single-
family residential lots and 11 open space lots on 14.599 acres within the City of Wylie's ETJ,
generally located north of Stone Road and east of Kreymer Road(the"Preliminary Plat")
Dear Mr. Wallette and Mr. Anderson:
In response to Mr. Anderson's request at the June 25, 2019, Wylie City Council meeting and in
accordance with Section 212.009(e)of the Texas Local Government Code, I hereby certify that the following
are the reasons for the City Council's denial of the Preliminary Plat as reflected by the motion, second and
vote of the City Council on June 25, 2019:
1. The Preliminary Plat fails to provide a drainage plan that adequately addresses the impact of internal
and external drainage, including,but not limited to, lot-to-lot, off-site, storm sewer, detention ponds
and/or similar conditions;
2. The Preliminary Plat fails to provide at least two (2) points of vehicular access, which must be
connected via improved roadways to an existing, improved thoroughfare and street system by one or
more approach roads of such dimensions and improved to such standards as set forth in applicable
City of Wylie subdivision regulations;
3. The Preliminary Plat fails to provide for two separate and approved fire apparatus access roads that
are placed a distance apart equal to not less than one-half of the maximum overall diagonal dimension
of the property or area to be served, measured in a straight line between accesses, as required by the
2015 International Fire Code;
4. The Preliminary Plat fails to provide for two separate and approved fire apparatus access roads that
are placed a distance apart equal to not less than one-half of the maximum overall diagonal dimension
of the property or area to be served, measured in a straight line between accesses, as required by the
2009 International Fire Code;
City Manager's Office • 300 Country Club Road • Wylie, Texas 75098 • 972.516.6000 •
WylieTexas.gov
5. The Preliminary Plat calls for a front building setback of 15 feet in violation of applicable Wylie
subdivision regulations; and
6. The Preliminary Plat calls for a front building setback of 15 feet in violation of applicable Collin
County regulations.
Sincerely,
CITY OF WYLIE, TEXAS
Eric Hogue, Mayor
cc: Chris Hoisted, City Manager
Ryan D. Pittman, City Attorney's Office