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05-20-1986 (City Council) Minutes CALLED CITY COUNCIL MEETING - MINUTES MAY 20, 1986 7 :00 P. M. The Wylie City Council met in a called session on Tuesday, May 20 , 1986 at 7 :00 P. M. in the Wylie Library Work Room. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Don Hughes, Mayor Pro Tem Spence, Council members Calvin Westerhof, Sandra Donovan, and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires, Finance Director James Johnson, Scott Dorsey and Elayne Mayes from the Wylie News, Mayor Morrow and David Standfield from the City of Lavon, and other citizens. Councilman Lowell Brewster was absent. Mayor Hughes called the meeting to order and Councilman Fulgham gave the invocation. APPROVAL OF TEMPORARY UTILITY EASEMENT FROM B. C. WOODS : This item is before you in order to facilitate the installations of the temporary sewer line from Southfork Mobile Home Park. This property is owned by Mr. B. C. Wood and is located north of FM 544 and along FM 544 on the south side for a site to place an intermediate pump station. There is a payment due in the amount of $500 .00 for damage to corps. Motion was made by Mayor Pro Tem Spence to approve the temporary utility easement from B. C. Woods. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor , Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. AUTHORIZATION TO GO OUT FOR BIDS FOR THE NORTEX TANK SITE INLET WORK: The work referred to in this item is for the Nortex Tank site inlet work. We are not yet certain that bidding this item will be necessary because we are not sure the cost will exceed the $5 ,000 .00 mark. In order not to delay this work, we are asking for your authorization to seek bids should they be necessary to complete this work. Motion was made by Councilman Fulgham to grant authorization to go out for bids for the Nortex Tank Site inlet work. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor . 138 AUTHORIZATION TO GO OUT FOR BIDS FOR NTMWD SEWER SERVICE LINE WORK: The staff is asking for Council authorization to go out for bids for NTMWD sewer service line work should the cost exceed $5,000 .00 and because NTMWD has requested an outside contractor do the work and that could increase the cost. Mayor Pro Tem Spence said that Mr. David Stephens stated the cost of this project would be about $30,000 . Mayor Pro Tem Spence said he did not believe it would be that much. City Manager Gus Pappas said he did not think it would be that much either, and he has seen the plans. Motion was made by Mayor Pro Tem Spence to grant authorization to go out for bids for NTMWD sewer service line work. Seconded by Councilman Westerhof . The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. Mayor Hughes adjourned the business meeting and opened the meeting up for a work session on annexations. City Manager Gus Pappas conducted this work shop on annexations. Some of the facts brought out was Home Rule Cities can do about anything not prohibited by State Law, such as involuntary annexations. General Law Cities can do only what State Laws says they can under the chapter they incorporated in, and can not do involuntary annexations. Texas has very strong Home Rule Cities, but General Law and and County government is very weak. In General Law Cities, you have an ETJ of 1/2 mile and in Home Rule Cities your ETJ is 1 mile and can go up to 5 miles as your city grows. There was discussion on the reason for annexing around the lake area. The main reason for this is to get some control of the ETJ and not have a lot of development going in without controls. This will help to keep the areas looking good and not have a lot of salvage yards, mobile home parks, etc. After the discussion, City Manager Gus Pappas read into the records the following policy that has been set up for the City Staff to follow for annexations. 1 . Only the Council may approve or deny an annexation. The staff has no right or authority to decline to accept a voluntary annexation when it is requested. Unless such request is not legal or is decided already by some previous boundary agreement. 2 . That the staff should seek to establish boundary agreements with surrounding cities and should be watchful of protecting our ETJ from encroachment. 3 . That the lake annexations should proceed up to FM546 on the western tributary and up to the second bay and Ticky _P"� �E.c Creek on the eastern tributary of Lake Lavon. Said annexations should include parks but no private property. 4 . Involuntary annexations should be started when the property in questions would help create our fixed boundary. 5. Involuntary annexation should be started when the property in questions is conducting or is suspected of considering conducting a undesirable business or subdividing in a manner non-consistent with our subdivision ordinance. 6 . Involuntary annexations could also be instituted on large tracts of undeveloped land in order to bring that land clearly under our control for zoning and subdivision. Staff could initiate, based on its own opinion, that such annexation was in the best interest of the City. The City Council would retain the final authority by the passage or denial of the actual ordinance. 7 . Involuntary annexations should avoid properties that are already developed or subdivided and might represent a burden to the City. 8 . Voluntary annexations are encouraged , they extend our ability to control the growth of the community by zoning. While ETJ allows subdivision control , only actual annexation can control uses like mobile home parks and salvage yards where no subdivision is actually occurring . There was no additions or deletions for these procedures from Council . Next work session is to be on Impact Fees and Lift Station Districts. Motion was made by Councilwoman Donovan to adjourn. Seconded by Councilman Fulgham. All were in favor. * SEAL * Don Hug s , Mayor soi ATTEST : -44ticirtiE, Tv, Caro yn nes, y Secretary