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12-19-1995 (City Council) Minutes Minutes of the Wylie City Council December 19, 1995 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, December 19, 1995 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, John Mondy, J. C. Worley and Cleo Adams. Steve Wright was absent. PRESENTATIONS PRESENTATION BY LIBRARY DIRECTOR Mignon Morse, Library Director, announced to Council that there will be new library hours effective January 2, 1996. PRESENTATION OF NEW POLICE CHIEF Mike Collins, City Manager, gave an overview of the interviewing and hiring process for the Police Chief. He introduced to Council, Bill Rushing from Odessa, Texas. Rushing stated his goals and expectations for the police department. RECESS CITY COUNCIL MEETING CONVENE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION HOLD PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON PROPOSED PROJECTS FUNDED BY THE 4B SALES TAX AND THE ISSUANCE OF BONDS Jerri Smith called the meeting to order with the following members present: John Mondy, Joel Scott, and Jim Swartz. Steve Wright, Kerry Carothers, and Dan Chestnut were absent. Mindy Manson, Assistant to the City Manager, updated the corporation on the 4B Sales Tax, planned projects, library improvements, park improvements and the community center. She stated the purpose of the public hearing was to receive comments from the public on the use of 4B Sales Tax. Smith opened the public hearing and there was no citizen participation. Smith then closed the public hearing. Scott made the motion to table the issuance of bonds until January 9, 1996. Mondy seconded the motion. The motion passed unanimously. With no further business, the meeting was adjourned. RECONVENE CITY COUNCIL ACTION ITEMS APPROVAL OF MINUTES - NOVEMBER 14 AND NOVEMBER 21, 1995 With no discussion, Adams made the motion to approve the minutes as written. Scott seconded the motion. The motion passed unanimously. ALTERNATE TRIAL JUDGE Council expressed desire to review contract of Judge Marsh. Worley would like the references checked to the alternate trial judge. Mondy made the motion to table appointing an alternate trial judge. Scott seconded the motion. The motion was passed unanimously. RESOLUTION 95-36 RESOLUTION BY THE WYLIE CITY COUNCIL AUTHORIZING THE MAYOR AND CITY SECRETARY TO EXECUTE THE PIPELINE CROSSING CONTRACT BETWEEN THE CITY OF WYLIE AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY Collins stated the purpose of the agreement was to grant the city the right to lay and maintain the proposed water pipeline in the Premier Business Park. Mondy made the motion to authorize the Mayor and City Secretary to execute the contract with Kansas City Southern Railway Company. Adams seconded the motion. The motion passed unanimously. ABANDONMENT OF ALLEY BETWEEN LOTS 6, 7, AND 8 AND LOTS 1, 2, 3, 4, AND 5 OF BLOCK 15 OF THE RAILROAD ADDITION Collins stated that Richard Parker requested abandoning the alley. Staff is still researching abandonment fees but due to Mr. Parker making his request before the fees were set, staff recommending charging no fee and to grant the request. Greg MacLean, consulting engineer from the Hogan Corporation, gave his views on the pros and cons of abandoning the alley. Adams made the motion to grant the request to abandon the alley. Mondy seconded the motion. The motion passed unanimously. APPROVAL OF CHANGE ORDER #1 FOR PREMIER INDUSTRIAL PARK Collins explained that this item was brought to Council to take advantage of the opportunity to save money and ask Council to authorize the City Manager to approve $79,032. MacLean stated that the contract with East Texas Construction is going good. A good project is taking place and they are doing well. Worley made the motion to authorize the City Manager to approve the change order. Adams seconded the motion. The motion passed unanimously. ANNEXATION OF PROPERTY ALONG THE FM 544 CORRIDOR Collins gave an overview of the process that began in September, 1995 and advised the public that they could call the city manager's office or any staff member if they had any questions. Collins asked Bob Hogan with the Hogan Corporation to speak about the annexation process. Hogan stated reasons for considering annexation was to gain control of property that corridors the city. He stated that demand and cost of services does not go down. What offsets this is regrowth. If you do not have the land you can not continue to grow. The services are much higher if you have pockets in your city. MacLean gave reference points to the property to be annexed. Mayor Swartz read the body of the ordinance and stated that this applied to all of the ordinances with only the descriptions being the difference on each ordinance. The body was read as follows: "PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGE OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A' OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF." ORDINANCE 95-27 ANNEXING A 10.342 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 13, VOLUME 1583, PAGE 620, THE R. D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 41, VOLUME 1583, PAGE 620, AND THE H. J. HARDIN SURVEY, ABSTRACT NO. 438, TRACT 9, VOLUME 1583, PAGE 620, COLLIN COUNTY, TEXAS; Owner: Joslyn Scott made the motion to pass, Allen seconded the motion. Motion passed unanimously. ORDINANCE 95-28 ANNEXING A 33.7 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE M. SPARKS SURVEY, ABSTRACT NO. 849, TRACT 34, VOLUME 2957, PAGE 575-578, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Allen seconded the motion. Motion passed unanimously. ORDINANCE 95-29 ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE IB,GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 1, VOLUME 3138, PAGE 582-585, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-30 ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE IS<GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 6, VOLUME 1198, PAGE 638, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. The motion passed unanimously. ORDINANCE 95-31 ANNEXING A 5.41 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE 184GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 1-9, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. The motion passed unanimously. ORDINANCE 95-32 ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE IB,GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 3, VOLUME 682, PAGE 330, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-33 ANNEXING A 8.2145 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT 5, VOLUME 418, PAGE 131, AND THE M. MILLIRON SURVEY, ABSTRACT NO. 563, TRACT 3, VOLUME 418, PAGE 131, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-34 ANNEXING A 19.10 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. K. PEGUES SURVEY, ABSTRACT NO. 703, TRACT 7, VOLUME 768, PAGE 315, AND THE IB,GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 4, VOLUME 768, PAGE 315, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-35 ANNEXING A 33.659 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 1, VOLUME 3367, PAGE 230-233, AND THE D. STRICKLAND SURVEY, ABSTRACT NO. 841, TRACT 1, VOLUME 3367, PAGE 230-233, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-36 ANNEXING A 3.3 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 16, VOLUME 2957, PAGE 575-578, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. The motion passed unanimously. ORDINANCE 95-37 ANNEXING A 1.983 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 12, VOLUME 1585, PAGE 902, COLLIN COUNTY, TEXAS; Owner: Oliver Mondy made the motion to pass, Scott seconded the motion. Swartz and Adams opposed. ORDINANCE 95-38 ANNEXING A 10 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 7, 7-9, VOLUME 684, PAGE 218, COLLIN COUNTY, TEXAS; Owner: Bevis Mondy made the motion to pass, Allen seconded the motion. The motion passed unanimously. ORDINANCE 95-39 ANNEXING A 4.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 12, VOLUME 932, PAGE 703-705, COLLIN COUNTY, TEXAS; Owner: Witherspoon Scott made the motion to pass, Adams seconded the motion. Motion passed unanimously. ORDINANCE 95-40 ANNEXING A 17.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 7, 7-9, VOLUME 353, PAGE 510-511, COLLIN COUNTY, TEXAS; Owner: Hensley Mondy made the motion to pass, Worley seconded the motion. Adams opposed. ORDINANCE 95-41 ANNEXING A 7.7 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 10, 10-9, VOLUME 709, PAGE 44, COLLIN COUNTY, TEXAS; Owner: Drain Scott made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-42 ANNEXING A 7.5 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 9, VOLUME 1110, PAGE 494-496, COLLIN COUNTY, TEXAS; Owner: Pell Allen made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-43 ANNEXING A 33.76 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 13-9, 13, VOLUME 1376, PAGE 94, COLLIN COUNTY, TEXAS; Owner: Brand Scott made the motion to pass, Allen seconded the motion. Mondy and Swartz opposed. ORDINANCE 95-44 ANNEXING A 6.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 8, VOLUME 1954, PAGE 424, COLLIN COUNTY, TEXAS; Owner: Swanson Scott made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-45 ANNEXING A 7.5 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 352, TRACT 5, VOLUME 817, PAGE 558, COLLIN COUNTY, TEXAS; Owner: Jones Scott made the motion to pass, Adams seconded the motion. The motion passed unanimously. ORDINANCE 95-46 ANNEXING A 9.994 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 6, 6-9, VOLUME 1134, PAGE 1741-1744, COLLIN COUNTY, TEXAS; Owner: Mulcahy Mondy made the motion to pass, Worley seconded the motion. Swartz opposed. ORDINANCE 95-47 ANNEXING A 1.593 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE JACOBS ADDITION, LOT 2, BLOCK B, VOLUME F, PAGE 369, COLLIN COUNTY, TEXAS; Owner: Jacobs Scott made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-48 ANNEXING A 40.82 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. K. PEGUES SURVEY, ABSTRACT NO. 703, TRACT 6, VOLUME 772, PAGE 513, COLLIN COUNTY, TEXAS; Owner: Wiley Housewright Mondy made the motion to pass, Worley seconded the motion. Adams opposed. ORDINANCE 95-49 ANNEXING A 20.352 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 266, TRACT 29, 29-9, VOLUME 94-0005482, PAGE 1-5, COLLIN COUNTY, TEXAS; Owner: Carlson Adams made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-50 ANNEXING A 37.96 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 266, TRACT 28, VOLUME 3415, PAGE 911, COLLIN COUNTY, TEXAS; Owner: Carlson Adams made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-51 ANNEXING A 191.40 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE M. MILLIRON SURVEY, ABSTRACT NO. 563, TRACT 2, VOLUME 270, PAGE 205-206, COLLIN COUNTY, TEXAS; Owner: Wells Scott made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-52 ANNEXING A 75.8 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT 1, VOLUME 270, PAGE 205-206, COLLIN COUNTY, TEXAS; Owner: Wells Scott made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-53 ANNEXING A 15.4 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 43, VOLUME 1632, PAGE 673, IN THE H. J. HARDIN SURVEY, ABSTRACT NO. 438, TRACT 10, VOLUME 1632, PAGE 673, IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 8, VOLUME 1632, PAGE 673, COLLIN COUNTY, TEXAS; Owner: Bradshaw Mondy made the motion to pass, Allen seconded the motion. Scott opposed. ORDINANCE 95-54 ANNEXING A 7.417 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 14, VOLUME 2195, PAGE 578, IN THE H. J. HARDIN SURVEY, ABSTRACT NO. 438, TRACT 8, VOLUME 2195, PAGE 578, AND IN THE RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 40, VOLUME 2195, PAGE 578, COLLIN COUNTY, TEXAS; Owner: Caldwell Mondy made the motion to pass, Scott seconded the motion. Allen and Adams opposed. ORDINANCE 95-55 ANNEXING A 9.64 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT FM 544, IN THE M. MILLIRON SURVEY, ABSTRACT NO. 563, TRACT FM 544, AND THE D. STRICKLAND SURVEY, ABSTRACT NO. 841, TRACT FM 544, COLLIN COUNTY, TEXAS; Owner: TxDot Mondy made the motion to pass, Allen seconded the motion. The motion passed unanimously. ORDINANCE 95-56 ANNEXING A 13.3 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 17, IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 266, THE M. MILLIRON SURVEY, ABSTRACT NO. 563, AND THE M. SPARKS SURVEY, ABSTRACT NO. 849, COLLIN COUNTY, TEXAS; Owner: Dart Scott made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-57 ANNEXING A 10.0 ACRE TRACT OF LAND OUT OF 30 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 2, VOLUME 647, PAGE 526, COLLIN COUNTY, TEXAS; Owner: Hampton Mondy made the motion to pass, Scott seconded the motion. Motion passed unanimously. ORDINANCE 95-58 ANNEXING A 16.83 ACRE TRACT OF LAND OUT OF 63.5 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. K. PEGUES SURVEY, ABSTRACT NO. 703, TRACT 8, VOLUME 316, PAGE 409, COLLIN COUNTY, TEXAS; Owner: Wood Scott made the motion to pass, Allen seconded the motion. Motion passed unanimously. ORDINANCE 95-59 ANNEXING A 4.6 ACRE TRACT OF LAND OUR 0 A 42.735 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT 3, AND THE M. MILLIRON SURVEY, ABSTRACT NO. 563, COLLIN COUNTY, TEXAS; Owner: TP&L Scott made the motion, Mondy seconded the motion. Motion passed unanimously. 22.4 Acre tract of land, in the M, Sparks Survey, Abstract No. 849, Tract 21, Volume 645, Page 470, Collin County, Texas. Owner: Dr. Paul Taylor. Worley made the motion to table, Scott seconded the motion. The motion passed unanimously. 5.0 Acre tract of land, in the M. Sparks Survey Abstract No. 849, Tract 22, 22-9, Volume 864, Page 279, Collin County, Texas. Owner: Patrice Lemmon. Adam made motion to table, Allen seconded the motion. The motion passed unanimously. 28.81 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 17, Volume 2165, Page 795, Collin County, Texas. Owner: Thomas A. Mannewitz, et al. Scott made the motion to table, Allen seconded the motion. The motion passed unanimously. 27.45 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 20-20-9, Volume 2165, Page 795, Collin County, Texas. Owner: Thomas A. Mannewitz, et al. Scott made the motion to table, Adams seconded the motion. The motion passed unanimously. 5.2453 Acre tract of land, in the H. J. Hardin Survey, Abstract No. 438, Tract 3, Volume 1383, Page 170, Collin County, Texas. Owner: Worth M. Speed. Scott made the motion to table, Adams seconded the motion. Mondy opposed. 4.68 Acre tract of land, in the Richard D. Newman Survey, Abstract No. 660, Tract 34, Volume 1383, Page 170, Collin County, Texas. Owner: Worth M. Speed. Scott made the motion to table, Allen seconded the motion. Mondy opposed. 0.37 Acre tract of land, in the I. Clifton Survey, Abstract No. 193, Tract 10, Volume 1383, Page 170, Collin County, Texas. Owner: Worth M. Speed. Scott made the motion to table, Adams seconded the motion. Mondy opposed. 10.278 Acre tract of land, in the H. J. Hardin Survey, Abstract No. 438, Tract 6, Volume 2364, Page 510, Collin County, Texas. Owner: Norlan C. VanCleve. Scott made the motion to table, Adams seconded the motion. Mondy opposed. 10.95 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 19, Volume 1376, Page 94-96, Collin County, Texas. Owner: J. L. Brand. Mondy made the motion to table, Scott seconded the motion. Motion passed unanimously. 29.0 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 15, Volume 3180, Page 615-617, Collin County, Texas. Owner: Ronnie Housewright. Scott made the motion to table, Mondy seconded the motion. Motion passed unanimously. 30.0 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 16, 16-9, Volume 2324, Page 194, Collin County, Texas. Owner: Ronnie Housewright. Mondy made the motion to table, Adams seconded the motion. Motion passed unanimously. 2.756 Acre tract of land, in the I. Clifton Survey, Abstract No. 193, Tract 9, 9-1, Volume 1383, Page 137, Collin County, Texas. Owner: Ronald F. Miller. Scott made motion to table, Worley seconded the motion. Mondy opposed. 2.7 Acre tract of land, in the H. J. Hardin Survey, Abstract No. 438, Tract 2, Collin County, Texas. Owner: Ronald Miller. Adams made the motion to table, Scott seconded the motion. Mondy opposed. 5.5 Acre tract of land, in the Richard D. Newman Survey, Abstract No. 660, Tract 33, Collin County, Texas. Owner: Ronald Miller. Scott made the motion to table, Allen seconded the motion. Mondy opposed. STAFF REPORTS Collins stated that William Campbell has stated to the City Manager's office that he will petition to be annexed into the City of Wylie when Murphy releases him from their ETJ. Collins stated that a pre-bid conference on the ambulance contract would be held December 20, 1995. BOARD APPOINTMENTS Staff recommended appointing Terry Ayre to fill the vacated position on the Park Board. With no discussion, Scott made the motion to appoint Terry Ayre and Adams seconded the motion. The motion passed unanimously. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. r 1 Jim Swartz, Mayo 1 Susan *ifOrr 1131 -Crary f • ,,',r��EdjY`i:z.