A. Consider and act upon the approval of the minutes from the Regular Meeting of November 13, 2001.

B. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4A Addition, being all of a certain 5.91 acre tract of land east of Country Club Road (F.M 1378) and north of Talladega Drive, situated in the J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas.

C. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 4B Addition, being all of a certain 8.03 acre tract of land east of Country Club Road (F.M 1378) and south of Talladega Drive, situated in the J. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas.

D. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 5 Addition, being all of a certain 5.25 acre tract of land east of Country Club Road (F.M 1378) and north of Park Boulevard, situated in the J. McUlmurry Survey, Abstract No. 629, and the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas.

E. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 6 Addition, being all of a certain 14.31 acre tract of land east of Country Club Road (F.M 1378) and south of Park Boulevard, situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas.

F. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 7 Addition, being all of a certain 11.85 acre tract of land north of Brown Street (F.M. 3412) and east of Country Club Road (F.M 1378), situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas.

G. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 8 Addition, being all of a certain 5.47 acre tract of land north of Brown Street (F.M. 3412) west of Sanden Boulevard, situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas.

H. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 9 Addition, being all of a certain 11.5 acre tract of land north of Brown Street (F.M. 3412) east of Sanden Boulevard, situated in the C. Atterbury Survey, Abstract No. 22 and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas.

I. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 10 Addition, being all of a certain 13.10 acre tract of land north of Brown Street (F.M. 3412) east of Sanden Boulevard, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas.

J. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 11 Addition, being all of a certain 18.4 acre tract of land north of Brown Street (F.M. 3412) and west of Westgate Way, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas.

K. Consider and act upon a Preliminary Plat for the Birmingham Farms Phase 12 Addition, being all of a certain 3.1 acre tract of land north of Brown Street (F.M. 3412) and east of Westgate Way, situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas.

L. Consider and act upon a Preliminary Plat for the Peerless manufacturing Company Plant No. 1 Addition, being all of a certain 34.1059 acre tract of land west of North Ballard Avenue (FM 2514) and north of the Union Pacific Railroad, situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas.

M. Consider and act upon a Final Plat for the Twin Lakes Phase V Addition, generally located south of Alanis Drive and west of South Ballard Avenue (FM 2514) and Twin Lakes Phase IV, being all of a certain 23.007 acre tract of land owned by Twin Lakes, L.P. being part of a called Tract 1 according to a deed recorded in the County Clerk’s File No. 97-0054771, and situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas.

N. Consider and act upon a Final Plat for the Sage Creek Phase IV Addition, generally located east of McCreary Road and north of F.M. 544 and Sage Creek Phase VI, being all of a certain 38.3885 acre tract of land owned by Ashton Custer, L.L.C. according to a deed recorded in the County Clerk’s File No. 98-0008878, and situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas.

O. Consider and act upon a Preliminary Plat for the Wood Creek Estates Addition, being a certain 41.7417 acre tract of land, generally located north of Lakefield Drive and Lakeside Estates Phase II and west of Springwell Parkway and Sage Creek Phase V, and situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas.

Property totals 9.977 acres in size, and fronts approximately 850 feet along Westgate Way. It is not platted. Applicant is requesting the change in zoning to develop the majority of the property (7.977 acres) as assisted living residential for senior citizens, remaining portion (2 acres) as neighborhood services retail uses. Assisted living accommodations are permitted only within the Multi-Family district. When the application for rezoning was submitted and accepted for review, the subject property was zoned Single-Family Attached/Townhouse Residential (SF-A), and had been zoned as such since at least 1991. On November 13, 2001, the City Council adopted a revised City-wide Zoning Ordinance and Map, rezoning the property Townhouse (TH-15) District.

Public Comment Forms were mailed to ten (10) property owners within 200 feet of this request. Three returned, FAVORING the proposed rezoning. Forty-eight (48) written responses received from residents living beyond the required 200 feet notification area expressing OPPOSITION. At the December 4, 2001 Planning and Zoning meeting, the Commission voted 4-2 to recommend approval of this zoning case. Staff is also recommending approval. The property’s location on the high-traffic thoroughfare of Westgate Way and railway corridors, as well as its adjacency to existing and permitted attached and smaller-lot detached residential favor its development for higher-density residential .

3. Hold a Public Hearing to consider and act upon a change in zoning from Multi-Family Residential (MF) to Planned Development (PD) District, for the existing Lakeside Village Apartments, a 2.29 acre tract of land at 301 West Kirby Street, being Lot 13, Block 6, of the Holiday Terrace Addition, and being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case No. 2001-15)

EXECUTIVE SUMMARY

Applicant is requesting rezoning to the Planned Development District with the expressed intent of establishing the right to reconstruct the current apartment complex to its existing character and density should it be destroyed. Public Comment Forms were mailed to thirty-seven (37) property owners within 200 feet of this request. No Comment Form had been returned at the time of posting. At the November 20, 2001 Planning and Zoning meeting, the Commission voted 6-0 to deny this zoning case. A three-fourths majority vote by the City Council is required for approval of the requested change in zoning because the Planning and Zoning Commission recommended the request be denied. Staff is recommending denial. Although the proposal is consistent with the recommendations of the Comprehensive Plan and characteristics of the tract favor attached residential uses, the perpetual potential for a density of 34 dwelling units per acre is an inappropriate variance from Wylie’s long-held philosophy of limiting multi-family residential density to 15 dwellings per acre. The facility may continue to operate as legally nonconforming.

4. Hold a Public Hearing to consider and act upon certain proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie, in compliance with Section 211.006 of the Texas Local Government Code.

Voluntary annexation by the owner of the above referenced property, the Southwest Medical Foundation. The property is located directly north of the new wastewater treatment plant and is proposed for single family residential zoning. If approved, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council.

6. Consider and at upon the award of a contract for the Alley and Sanitary Sewer Improvements along Ballard Avenue to Rycon Incorporated in the amount of $231,127.00.

EXECUTIVE SUMMARY

Improvements to the alley between Ballard and Jackson and the alley between Ballard and First were included in the 1999 Bond. Improvements include approximately 1,880 square yards of 8-inch thick concrete pavement and approximately 1,344 linear feet of 8-inch sewer replacement. Six bids were opened on November 2, 2001 and Rycon Incorporated submitted the low bid with project completion within 90 calendar days. Staff recommends that Council award a contract to Rycon Incorporated to provide all equipment, labor and materials for the construction of the Alley and Sanitary Sewer Improvements along Ballard Avenue.

ORDINANCES

7. Consider and act upon approval of an ordinance adopting the 1997 Uniform Fire Code.

EXECUTIVE SUMMARY

The Wylie Fire Department maintains a fire prevention program that consists of providing fire safety inspections for business owners within the city limits. The current program is a proactive approach to addressing fire safety throughout the City of Wylie & to continue to be proactive, the department must update with the current building code. The Fire Department has maintained the equivalent code in relation to the building code department. The latest building code is UBC 1997. The City of Wylie is currently enforcing UFC 1994. The UFC 1997 overall format has not changed and will not require any changes in relation to amendments sections adopted by the City of Wylie under UFC 1994. In addition, the Fire Department is currently preparing for an Insurance Services Office Re-evaluation and current fire code will cause a deficit in possible points.

8. Consider and act upon an Ordinance of the City of Wylie, Texas, adopting a comprehensive Right-of-Way Management Ordinance governing any and all construction occurring within the public Rights-of-Way in the City of Wylie; providing for a penalty not to exceed $2,000 per day for each offense; and providing a Repealer Clause, a Severability Clause, a Savings Clause, a Penalty Clause, and an Effective Date.

EXECUTIVE SUMMARY

The City Council previously adopted regulations governing construction activities occurring within the City’s Rights-of-Way. The current Ordinance contains no provisions for Right-of-Way management. The intent of the proposed Ordinance is to accommodate the utilities’ need to use the Public Rights-of-Way to provide services to the public and will allow the City to insure that the public safety is maintained; minimize public inconvenience; protect the City’s infrastructure investment; facilitate work within the Public Rights-of-Way; and to fairly and responsibly protect the public health, safety, and welfare. Utilities or contractors desiring to perform construction activities in the City’s Right-of-Way will be required to obtain a permit, at no charge, after City Staff has reviewed plans for the construction activities.