Loading...
09-23-1997 (City Council) Minutes Minutes of the Wylie City Council Meeting September 23, 1997 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, September 23, 1997 at 6:30 p.m. with the following Councilmembers present: Wanda Sparks, Cleo Adams, Joel Scott, Reta Allen and J. C. Worley. John Mondy was absent. Staff members present were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan Shuler, City Secretary, Jack Jones, Supt. of Public Works, Brady Snellgrove, Finance Director, and Greg MacLean, Consulting Engineer for The Hogan Corporation. EXECUTIVE SESSION Executive Session was held under Sections 551.072 Deliberations about Real Property, 551.075 Conference with Employees to Receive Information and Question Employees Regarding Animal Shelter and City Service Center. RECONVENED INTO OPEN MEETING There was no action taken as a result of the Executive Session. PLEDGE OF ALLEGIANCE The pledge was led by the Wieblo Troop from the 1st Methodist Church. PROCLAMATION Mayor Swartz read a proclamation declaring October 6-10 as Pirate Spirit Week. He presented the proclamation to the Wylie High School Cheerleaders and the Captains of the football team. The Cheerleaders presented the Mayor with the Spirit Stick and the football players presented the Mayor with a patch representing the 20 year anniversary of the Pirates State Championship. Mayor Swartz read a proclamation declaring October 5-11 as 4-H Week. He presented the proclamation to the 4-H members. Mayor Swartz read a proclamation declaring October 5-11 as Fire Prevention Week. He presented the proclamation to the Wylie Fire Department and Explorers. Mayor Swartz also presented a Life Saving Award to Casey Richardson for his quick thinking and courageous action in getting his family to safety during a fire in their home. Minutes of the Wylie City Council, September 23, 1997, Page 1 PRESENTATION Tobacco Law Chief Bill Rushing of the Police Department and Penny Jack of Municipal Court gave a presentation to Council on the new Tobacco Law. CANVASS OF SPECIAL ELECTION City Secretary, Susan Shuler read the election results for the September 20, 1997 Special Election, stating there were 796 For and 859 Against. Mr. Joe Baker from the audience protested the results and said they should be 739 For and 819 Against. Adams made the motion to accept the results with the condition that the results would be verified. Scott seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO.97-19 OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, CANVASSING THE ELECTION RETURNS OF THE SPECIAL ELECTION OF SEPTEMBER 20, 1997 FOR THE PURPOSE OF APPROVING OR DISAPPROVING KANSAS CITY SOUTHERN RAILROAD COMPANY'S DEVELOPMENT OF AN INTERMODAL/MANIFEST RAIL FACILITY AND BUSINESS PARK TO BE LOCATED BETWEEN SPRING CREEK PARKWAY AND SKYVIEW LANE, NORTH OF STATE HIGHWAY 78, ELIMINATION OF S. H. 78 MAINLINE RAIL OPERATIONS AND DONATION OF RIGHT-OF-WAY TO THE CITY OF WYLIE BETWEEN F.M. 544 AND EUBANKS, WEST OF S. H.78 CONSENT AGENDA 1) Consider Approval of the Minutes from the September 9, September 11 and September 16, 1997 Council Meetings 2) Consider the City of Wylie's Vote for Region 13 Trustee for the Board of Trustees of the Texas Municipal League Group Benefits Risk Pool Scott asked that the two consent agenda items be separated and made the motion to approve the minutes. Allen seconded the motion. The motion was voted on and passed unanimously. Scott nominated Terry Watts for the City of Wylie's vote for the Region 13 Trustee. Sparks seconded the motion. The motion was voted on and passed unanimously. ACTION ITEMS Approval of an Ordinance Adopting a Budget and Appropriating Resources for FY 98, Beginning October 1, 1997 and Ending September 30, 1998 Snellgrove gave an overview of the budget. Adams made the motion to approve the budget with the stipulation that the training for the paramedics be eliminated which would make the budget $13,594,760.00. Allen seconded the motion. The motion was voted on Minutes of the Wylie City Council, September 23, 1997, Page 2 and passed unanimously. ORDINANCE 97-17 OF THE CITY OF WYLIE, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1998, BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE Approval of an Ordinance Establishing the Tax Rate/Levy for 1997 and for the Fiscal Year 1997-1998 Scott made the motion to approve the tax rate/levy for 1997 at .6750 cents per $100. Worley seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 97-18 OF THE CITY OF WYLIE, TEXAS, ESTABLISHING FEES FOR THE RESIDENTIAL AND NON-RESIDENTIAL COLLECTION OF GARBAGE, TRASH, BRUSH AND RECYCLABLE MATERIALS;AMENDING SECTION 9 OF APPENDIX A TO THE WYLIE CITY CODE; AMENDING PORTIONS OF ORDINANCE 95-25 AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approval of a BFI Rate Increase and Adoption of an Ordinance Establishing the New Rates for Residential and Commercial Solid Waste Collection Scott made the motion to table this item. Allen seconded the motion. The motion was voted on and passed unanimously. Second Public Hearing for the Annexation of Lots 6, 7 and 8 of the Wylie Ranch East Commercial Park Mayor Swartz opened the public hearing. Janice and Roy Neely, 315 Callie Court - They stated that they have received their building permit. Mr. Neely stated that he was still waiting to meet with the City Manager. Mr. Collins scheduled a meeting for 10:00 a.m. the next morning. Mrs. Neely would like it tabled until after the first of the year. With no other comments, the public hearing was closed. The City Secretary stated that the service plan is available in her office for review. Public Hearing to Receive Comments on the Improvements to Street Drainage and Sewer System and Approval of an Ordinance Levying Assessments Against Various Persons and Their Property for the Proportional Cost of Improvements in the Wylie Ranch East Phase One and Wylie Ranch East Commercial Park Subdivisions Snellgrove gave an overview of the assessments and improvements. He stated that in previous meetings with property owners, they were all in agreement to the terms that were set out. Minutes of the Wylie City Council, September 23, 1997, Page 3 Mayor Swartz opened the public hearing and with no comments from the public, the hearing was closed. Adams made the motion to approve the ordinance levying the assessments. Scott seconded. The motion was voted on and passed unanimously. Mr. Worley abstained due to a conflict of interest. ORDINANCE NO. 97-16 OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, LEVYING AN ASSESSMENT AGAINST CERTAIN PROPERTY FOR IMPROVEMENTS TO THE STREET DRAINAGE AND/OR SEWER SYSTEMS IN WYLIE RANCH EAST SUBDIVISION (THE 300 BLOCK OF CALLIE COURT,LOTS 1-10;THE 300 BLOCK OF DONNA DRIVE,LOTS 11-20; AND THE 1900 BLOCK (NORTH SIDE) OF EAST BROWN, LOTS 21, 22, 23A, 23B, 24A, 24B, 25A, 25B), AND WYLIE RANCH EAST COMMERCIAL PARK(SOUTH SIDE OF SH 78, EAST OF KREYMER LANE, LOTS 1-5) IN THE CITY WYLIE, TEXAS; DESCRIBING THE PROPERTIES TO BE ASSESSED; NOTIFYING THE OWNERS OF THE PROPERTY OF THE OPPORTUNITY TO BE HEARD AND ADVISING THAT THE ASSESSMENTS ARE A PERSONAL LIABILITY; ESTABLISHING THE ASSESSMENT AS A FIRST AND PRIOR LIEN AGAINST THE DESCRIBED PROPERTY; PROVIDING FOR THE TIME, TERMS AND CONDITIONS OF PAYMENT, DEFAULT AND COLLECTION OF THE ASSESSMENT; ESTABLISHING THE INTEREST RATE AND OTHER EXPENSES COLLECTABLE ON THE ASSESSMENT; PROVIDING THAT NOTICE OF ASSESSMENT LIEN BE FILED WITH THE PROPERTY RECORDS OF COLLIN COUNTY,TEXAS; ESTABLISHING AN APPEAL PROCESS WITHIN 15 DAYS OF THE PUBLICATION OF THIS CAPTION; ADVISING THAT A PROPERTY OWNER IS BARRED AND ESTOPPED FROM ASSERTING DEFENSES TO THE ASSESSMENT IF APPEAL NOT TAKEN; PROVIDING FOR SAVINGS,REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Award a Contract for the Construction of a New 20" Water Transmission Main and Related Utility Improvements Along FM 544 MacLean gave an overview of the project. He stated that this also covers the McCords Little Six and that the property owners are in favor of the project. Worley made the motion to award the contract to 4D Construction in the amount of $358,374. Allen seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS MacLean stated that McCreary Road was opened. He also stated that the railroad signal was now working on Westgate Way. CITIZEN PARTICIPATION Before Citizen Participation was opened, Mayor Swartz read a statement that was prepared by the Council. Bill Swaner - He stated his roots ran deep in Wylie and that he is a man of his word. He would like the Council to make a proposal for them to restrict Councilman Worley from voting on KCS issues. Jerry Allen - He said that the citizens go to the polls and they win and it blows him away that Council would still honor KCS by hearing their proposal. He has lived here for Minutes of the Wylie City Council, September 23, 1997, Page 4 4 years and has never seen anything like this. Mr. Allen then read the definitions for majority, democracy and alternate. He stated that KCS will come in and screw up the town. He wanted to know why did he waste his time voting? He said if the Council goes against the majority, then they are making a mistake. He stated that Council should listen to the majority and he can't wait to see the headlines in the paper. Craig Swaner, Rustic Oaks Addition - He stated that he is still proud to be an American and that we still live in a democratic society. He said that he took an airplane ride to Jackson, Mississippi at the expense of KCS. He stated that two newspaper reporters interviewed him and he was never quoted. He said the comparison was not even comparable and the opinion with him after he read the article was that he was not opposed. Mr. Swaner then presented the City Secretary with a petition under Loc. Govt. Code 25.071 to call a special election to abandon the city manager form of government. Joe Baker, Carriagehouse Way - He said he feels that not every councilman is not hearing the concerns of the CCRG. He stated that their were key issues that needed to be addressed such as not enough tax dollars, the control of people's land, the lights and noise issue. He said KCS said that if the citizens didn't want it then they would not come and they should live up to their word. Mr. Dean, 620 Burchshire - He stated that in Webster's Dictionary it states that a greater number or more than half of the votes cast. He said that in the May 28, 1997 issue of the Wylie News it said that if a majority does not want it then KCS will locate between here and Greenville. He said Council needs to tell them to relocate. Kenna Johnson - Would like to request a worksession to discuss the comprehensive plan and what the spirit of this comprehensive plan is all about. She said she would like to have the plan explained and would like to have a meeting as soon as possible. Nicki Allen, 100 Rush Creek Drive - She said contrary to opinion that she was not a fighter by nature and that she was not born here. She said she has been called a radical, has had people come on to her property and tear up a sign in her yard. She said her voice was heard and the people on Skyview should be heard. She said she is not going anywhere. She stated that if you completely believe with all your heart that it is best for Wylie then to vote yes. She said if you have any doubt in your mind, then vote no. She said just do the right thing. She also stated that some that were sitting on the Council were not even elected by 63 votes. Blake Clemmons - He stated that he was raised here in Wylie and has 4 children and would like to live here. He said he has heard a lot of animosity and he does not envy the Council. He asked that the Council just do what is right. He said that he does not think that KCS would be good for the city and that there will be a lot of semi trucks traveling through town. Minutes of the Wylie City Council, September 23, 1997, Page 5 Jay Edwards, Flagstone - He read part of the city's mission statement "To be responsible stewards for public trust...". He said does overriding the vote mean you are a responsible steward. Jerri Smith, Carriagehouse Way - She said she fell in love with Wylie and she knows most of the Councilmembers. She wanted to know why a vote does not count. She said people did not show up at council meetings because they thought Council was doing the right thing. She wants to go on record as saying that she opposes the railroad. She also said that when people show up at council meetings and say what they want, listen to the people. Ms. Smith said that truck stops and associated businesses with the trucking industry will come into town and the town does not need it. She said do not take this issue lightly. Roy Sparks, 308 Willow Way - He said he sees this as another slap in the face of Wylie. He said that the airport and Walmart were slapped out of our face. He stated that he sees big business that will come in to Wylie. Billy Thomason, (outside the city limits) - He has been here a long time. He said if the railyard comes in, there are 3 families who will have to look for another place to live. He said he has been told that he doesn't matter because he lives outside the city limits. He also stated that if the switchyard is allowed it won't be 15 years before the town is screwed up. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. z Jim Swartz, Mayor usan City 6b fetary Minutes of the Wylie City Council,September 23, 1997, Page 6