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11-10-1998 (City Council) Minutes MINUTES Wylie City Council Tuesday, November 10, 1998 - 5:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday,November 10, 1998 at 5:00 p.m. with the following Councilmembers present:Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director;Tobin Maples,Planning Director;Jack Jones,Public Works Superintendent; Greg MacLean,Consulting Engineer and Barbara Salinas, City Secretary. Invocation The Invocation was given by Councilman Joel Scott. Proclamation The Mayor Proclaimed the week of November 14-22, 1998, as National Children's Book Week in Wylie,Texas. Ms. Mignon Morse and members of the Horizon Group were present to receive the Proclamation. The Mayor Proclaimed Wednesday,November 11, 1998 as Student Government Day in Wylie, Texas. Students from the Wylie High School were present to receive the Proclamation. Mayor Mondy introduced the students to the audience and asked them to take their places with their previously assigned Council members. Citizens Participation All Citizens wishing to address Council were for annexation purposes only, and would be heard individually during each public hearing. Items for Individual Consideration Public Hearings 1. Hold the First of Two Public Hearings for the Annexation of property owned by Keith Anderson, containing 2.33 Acres, being out of the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas, and being part of that tract as recorded in Volume 158, Page 457, Deed Records, Collin County, Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings in compliance with state law. Mr.Maples stated that the request for annexation was to ensure the goal of protecting the quality of life and the provisions of services within the area and that some of the property should be within the Wylie city limits and should Council chose to annex any of the properties,they would be temporarily zoned "A"Agriculture. Mr.Maples explained the annexation procedure,schedule for annexation and the service plan. Mr.Maples stated that his comments would be applicable to all thirty-five(35) annexation cases on this evenings agenda. Wylie City Council Minutes November 10,1998 Page 1 Mr. Maples gave a general property description and indicated property on the map. (No. 115) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the Public Hearing. 2. Hold the First of Two Public Hearings for the Annexation of property owned by Conrad E. Boyer,containing 1.717 Acres out of the L.K. Pegues Survey, Abstract No. 703, being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715, Page 708 of the Deed Records of Collin County, Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Conrad Boyer,Property Owner. Mr.Boyer stated his opposition to the annexation of his property. He cited inadequate police protection due to the numerous vacancies within the police department and problems with the regularity of maintenance,erosion and drainage problems in the creek area of his property. Mr.Boyer also asked the why the 1995 Council excluded his property when they annexed the surrounding property. Mr. Maples stated that he could not give an answer. With no further response,the Mayor then closed the Public Hearing. 3. Hold the First of Two Public Hearings for the Annexation of property owned by Charles Bunting, containing 1.50 Acres, situated in the Francisco de la Pina Survey, Abstract 688, Collin County, Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 34) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 4. Hold the First of Two Public Hearings for the Annexation of property owned by Mark Clayton, containing 3.2526 Acres,being all that 3 acre tract and all that.2526 acre tract of land situated in the Francisco de la Pina Survey,Abstract No. 688, Collin County,Texas and being out of a 43.24 acre tract of land conveyed to C. Truett Smith,et al,by Jack Parr,et ux,as recorded in Volume 484,page 121 of the Deed Records of Collin County,Texas. Wylie City Council Minutes November 10,1998 Page 2 Mr. Maples gave a general property description and indicated property location on the map. (Tract 31 & 32) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 5. Hold the First of Two Public Hearings for the Annexation of property owned by C. Connelly, containing 5.0 Acres, out of the W.D. Penny Survey,Abstract No.696 and being a part of the 25.679 acre tract conveyed to L.D.Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 102) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 6. Hold the First of Two Public Hearings for the Annexation of property owned by Benny Coomer, containing 1.57 Acres,out of the Henry L.Douglas Survey,Abstract No. 292, about 2 '/2 miles South of Wylie,and being out of the Southern portion of a tract of 108.5 acres described as First Tract in a deed from John Rogers et al to Rose Rogers,who is now Mrs.Rose Rogers Coleman, recorded in Vol.214,Page 602,Deed Records of Collin County,Texas,said 108.5 acres being the same land described in a deed from M.J.P. Haymas to George Rogers by deed dated April 6, 1874,and recorded in Vol.W,Page 956,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 96) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Benny Coomer,2302 Sachse Road. Mr.Coomer stated his opposition for annexation. He stated that 36 years ago he came before Council and asked the City for water he was denied. Mr. Coomer stated that he now has his own water system through East Fork and is provided police and fire protection from the County and solid waste collection by a private company. He also stated that he did not feel the city could provide adequate street service,citing Jackson Street as an example. Mr. Coomer stated that he does not need city services. The Mayor advised Mr. Coomer that his property would not be annexed at this time, however as future development with Woodbridge progresses,there is a possibility within the next few years to be annexed into the community. With no further response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 3 The Mayor then announced for the sake of expedience,that if there were public participants in the Colonial Acres subdivision,those properties will not be considered for annexation,however,the process requires that we hold both public hearings,however,no action will be taken at this time. The Mayor restated that as the Woodbridge properties develop,they may then be considered for annexation. He also stated the same for the property owned by Mr. Choya Tapp. Mr. Maples stated that the parcel the Mayor referred to are parcel numbers, 94, 95, 96 and 97, and for clarity stated that those property owners are Mr. Montgomery,Mr. Tapp,Mr. Coomer and Ms. Motsenbocker. 7. Hold the First of Two Public Hearings for the Annexation of property owned by Antonio Curcio, containing 12.458 Acres,being out of the Francisco De la Pina Survey,Abstract No.688 and being part of a 43.24 acre tract conveyed to C.Truett Smith recorded in Volume 484,Page 121,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 30) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Antonio J. Curcio,1200 Paul Wilson Road. Mr.Curcio spoke in opposition to the annexation of his property. Mr. Curcio stated he when he purchased the land he cleared it himself,resulting in his current condition. Mr. Curcio is wheelchair bound. He stated that the electric company has a five-acre Right of Way and that he has water and newly installed septic tank which he spent$4000 on in order to meet the state's rigid guidelines. Mr.Curcio stated that he built a new house two years ago and wants to spend the last of his days there and does not plan on paying taxes with his limited social security income. Mr. Curcio stated that he has solid waste service,county sheriffs department protection and there is nothing the city can provide. With no further response,the Mayor then closed the public hearing. 8. Hold the First of Two Public Hearings for the Annexation of property owned by Danny Justus, containing 1.16 Acres, out of the William Sutton Survey, Abstract No. 860 and the Henry L. Douglas Survey,Abstract No.292 and being out of a 27.644 acre tract and being out of a 4.0 acre tract and a 4.5 acre tract out of said 27.644 acre tract in Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 91) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Wylie City Council Minutes November 10,1998 Page 4 Mr.Danny Justus,P.O.Box 1714 Mr. Justus spoke in opposition to the annexation of his property. Mr. Justus stated that he felt that the city services would not be enough to warrant taxation. He stated that the annexation of his property would have no benefit to the city other than taxation. Mr. Justus stated that he feels that to be taxed for services he is already receiving is `robbery' and that if he is annexed and forced to pay taxes,he will remember who placed the taxes on him (with regard to voting). Mr. Justus then asked that his comments also be recorded for Item No. 27, property owner O.V. Justus(father). With no further response,the Mayor then closed the public hearing and moved to Item No. 27 on the agenda. 27. Hold the First of Two Public Hearings for the Annexation of property owned by O. V. Justus, containing 1.003 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and being a part of a 27.644 acre tract and containing all of a 0.689 acre tract conveyed from said 27.644 acre tract in Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Mr. Justus on Item No. 8 also be recorded for Item No. 27. With no further response,the Mayor then closed the public hearing. 9. Hold the First of Two Public Hearings for the Annexation of property owned by William Downs, containing 2.857 Acres,out of the W.D.Penny Survey,Abstract No.696,Collin County,Texas; and being part of a certain 25.679 acre tract as described in deed to L. D. Pearce recorded in Volume 496,Page 268,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 101) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.William Downs,601 Parker Road Mr. Downs spoke in opposition of the annexation of his property. Mr. Downs advised Council that he did not challenge their motives,but the wisdom of their decisions. Mr. Downs stated that because he is an American, he is resistant to a government who tries to impose their will on him. Mr. Downs stated that he was forced into the city eleven years ago and during that time the Planning& Zoning Commission recommended not to annex the properties and the same pleas were heard by Council. Mr.Downs stated that the Mayor cast the deciding vote and was arrogant about his decision. Mr.Downs stated that he paid taxes for five years and received nothing and was told that sewer services were based on future development,not current,though he would like to have sewer services. Mr. Downs stated that he does not feel that the city cannot at this time take on additional responsibilities when they cannot fulfill current responsibilities. He stated that he feels that it is a money issue. He asked that Council not make he and his neighbors go through the process as they once did before. Wylie City Council Minutes November 10,1998 Page 5 With no further response,the Mayor then closed the public hearing. 10. Hold the First of Two Public Hearings for the Annexation of property owned by William Downs, containing 1.871 Acres,being a part of a 6 acre tract out of the W.D.Penny Survey,Abstract No. 696, conveyed to Ray Price and wife,Pauline Price, by Ray Tiller, a single man, and Mary L. Tiller, a single woman, by Deed recorded in Volume 817, Page 596, Deed Records of Collin County,Texas. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.William Downs,601 Parker Road Mr. Downs asked that he be allowed to continue with Item No. 10. Mr. Downs stated that the process did not involve the citizens and it was only through a posting of an October 13 meeting notice did he find out about the annexation possibility. He stated that a year and a half ago he had conversation with a member of Council regarding government and was told not to trust it and keep an eye on it. He then asked the Mayor how,unless he watched the bulletin board every two week,how is he to protect himself, and why have property owners not been involved? He then asked the Council to leave them alone,they have been through the process once. The Mayor then asked Mr. Maples for the date and time of the next scheduled meeting for the Comprehensive Plan Workshop. Mr. Maples stated it would be held this Thursday evening at 7 p.m. The Mayor invited Mr. Downs to attend. With no further response,the Mayor then closed the public hearing. 11. Hold the First of Two Public Hearings for the Annexation of property owned by Jesus Espinoza, containing 5.0 Acres,out of the W. D. Penny Survey,Abstract No.696,and being a part of the 25.679 acre tract conveyed to L. D. Pearce et al by C. L. Horton et ux by deed dated March 1, 1955,of record in Volume 496,Page 268, Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (103) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 12. Hold the First of Two Public Hearings for the Annexation of property owned by Diane E. Getty, containing 1.413 Acres,out of the James Truett Survey,Abstract No.920,being part of a 6.327 acre tract of land as described and recorded in Volume 949,Page 634,being the same 1.414 acre tract of land as described and recorded in Volume 2176,Page 134 of the Deed Records of Collin County,Texas. Wylie City Council Minutes November 10,1998 Page 6 Mr. Maples gave a general property description and indicated property location on the map. (Tract 17) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Diane Stone, 140 Paul Wilson Road. Ms. Stone spoke in opposition of the annexation of her property. Ms. Stone stated that currently she is provided services, with the exception of sewer, and would only gain the right to vote. Ms. Stone also stated that she expected any future development to be with St. Paul,since she believes she is in their ETJ. Mr. Maples clarified that the properties to the North are either in St. Paul or St. Paul's ETJ. She asked Council with the number of parcels under consideration,what is the 'big picture' development plan? The Mayor asked that she attend the Comprehensive Plan meeting on Thursday so that those plans and thoughts could be made clear. She asked Council if there was any possibility that her property would also be removed from consideration to annex. The Mayor stated that it is possible and that is why public hearings are held. With no further response the Mayor then closed the public hearing. 13. Hold the First of Two Public Hearings for the Annexation of property owned by Don Hoeft, containing 1.414 Acres, being a part of a 6.327 acre tract out of the James Truett Survey, Abstract No. 920, conveyed to Orville Kreymer by G. C. Kreymer, Archie Kreymer, Clifton Kreymer and Billy Kreymer by deed recorded in Volume 949,Page 634 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Don Hoeft,302 Paul Wilson Road. Mr. Hoeft spoke in opposition to the annexation of his property. Mr. Hoeft stated that he did not want city services nor did he want the city telling him what he could or could not do on his property. Mr. Hoeft strongly opposes the annexation of his property. With no further response,the Mayor then closed the public hearing. 14. Hold the First of Two Public Hearings for the Annexation of property owned by Janish, Inc., containing 2.5971 Acres,out of the James Truett Survey,Abstract No.920 situated in the City of Wylie, Collin County,Texas and being that same property described in substitute trustee's deed executed by Mark S.Houser recorded in Volume 3851,Page 148 of the Deed Records of Collin County,Texas,and also being a part of Kinsington Manor Estates Section Three,Section Four and Section Five,additions to the City of Wylie,Texas as recorded in Cabinet C,Page 568, Cabinet C,Page 571 and Cabinet C,page 570,respectively,of the Plat Records of Collin County, Texas. Wylie City Council Minutes November 10,1998 Page 7 Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Charles Janish,President of Janish,Inc. Mr.Janish spoke in opposition of the annexation of his property. Mr. Janish stated a brief history of surrounding properties and problems with maintenance and control of Paul Wilson Road. He stated that he would not gain anything and that it would not be advantageous for him for the city to annex his property. He stated that one-half of his property is already in the City and gave Council a brief description of some sewer problems. He stated that he has septic sewer system, county law enforcement protection and solid waste pick up. He restated that he cannot see any advantage to being annexed into the City. With no further response the Mayor then closed the public hearing. 15. Hold the First of Two Public Hearings for the Annexation of property owned by Charles Kerin, containing 4.453 Acres, out of the W. D. Penny Survey,Abstract No. 696 and being part of a called 5.0 acre tract conveyed to John Coomer,et ux as recorded in Volume 618,Page 312,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 104) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Dr. Charles Kerin,property owner. Dr.Kerin spoke in opposition to the annexation of his property. Dr. Kerin stated that he moved his practice to Wylie in 1984 when said property was then outside the city limits. They were involuntary annexed and had asked about the city providing him sewer services and was told that it was not possible,unless he was willing to pay for the cost of a lift station. Dr. Kerin stated that he then decided to install a septic system. After five years and no services,they were disannexed. Dr. Kerin stated that they are now in the same position as before and could not see the justification for taking in his property if the city cannot provide water and sewer services at this time. With no further response the Mayor then closed the public hearing. 16. Hold the First of Two Public Hearings for the Annexation of property owned by Kreymer Investments,Ltd.,containing 5.571 Acres,being a part of original 30 and 12 acre tracts out of the James Truett Survey,Abstract No.920,conveyed to Orville Kreymer,et al,by Media Kreymer, a widow,by deed recorded in Volume 645,Page 627 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 15) Wylie City Council Minutes November 10,1998 Page 8 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response the Mayor then closed the public hearing. 17. Hold the First of Two Public Hearings for the Annexation of property owned by Vicki S. Monson, containing 0.197 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey, Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Vicki Monson, 1330 W.Brown Street. Ms.Monson spoke in opposition to the annexation of her property. Ms. Monson stated that most had stated her feelings regarding the annexations. Ms. Monson stated that she moved her a year ago so that she would not be in the city. Ms. Monson stated that she currently has all services and can see no advantage therefore strongly opposes annexation. Ms. Monson asked that her comments be recorded for Item No. 18 as well. With no further response the Mayor then closed the public hearing. 18. Hold the First of Two Public Hearings for the Annexation of property owned by Vicki S.Monson, containing 0.483 Acres being a part of a 2.573 acre tract out of the E.C. Davidson Survey, Abstract No.266,Conveyed to Robert Leamon Reynolds by Jick Housewright and Earl Parsons by Deed recorded in Volume 573,Page 533 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Ms.Monson on Item No. 17 also be recorded for Item No. 18. With no further response,the Mayor then closed the public hearing. 19. Hold the First of Two Public Hearings for the Annexation of property owned by Claude Montgomery,containing 20.00 Acres,out of the Henry L.Douglas Survey,Abstract No.292 and the William Sutton Survey,Abstract No.860,Collin County,Texas,and being a part of an 85.319 acre tract of land conveyed to Richard D.Nance,Coy Watkins and Thomas Chambers by David L. Goforth by Deed filed March 10, 1969,Deed Records of Collin County,Texas. Wylie City Council Minutes November 10,1998 Page 9 Mr. Maples gave a general property description and indicated property location on the map and stated that Council has previously indicated that this consideration of annexation of this property would be dropped. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr. Claude Montogmery,2220 Sachse Road Mr. Montogmery then read into the record a statement that the undersigned ask the City to reject and deny annexation of our properties. Mr. Montgomery advised Council of all the taxes he now pays and stated that he is not aware of any additional services the city can provide,only taxation. With no further response,the Mayor then closed the public hearing. 20. Hold the First of Two Public Hearings for the Annexation of property owned by Norma Motsenbocker, containing 3.93 Acres, out of the Henry L. Douglas Survey,Abstract No. 292, about 2'/Z miles South of the Town of Wylie,Texas,and being 3.93 acres of land off the North end of a 7.93 acre tract surveyed October 8, 1959,By Addison G.Wilson,Jr., said 7.93 acre tract being out of the South corner of a tract of 108.5 acres,described as first tract in a Deed from John Rogers et al,to Rose Rogers,who is now Mrs Rose Rogers Coleman recorded in Volume 214, Page 602,Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. Mr. Maples stated that this property is one that Council had previously indicated that it would be dropping from the process. (Tract 97) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no further response,the Mayor then closed the public hearing. 21. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 7.32 Acres, located on Old Highway No. 78, Sachse-Wylie Road in Collin County, Texas and being a tract out of the Henry L.Douglas Survey,Abstract No. 292 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract in Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Wylie City Council Minutes November 10,1998 Page 10 Ms. Sue Nicklas, 1 Goll Road Ms.Nicklas spoke in opposition the annexation. She stated that her property lies in the middle of 15 acres and no street or road that goes past their property. She also stated that there is an adjoining strip of property to their pasture that they were hoping would be taken in as well. She stated that Mr. Maples indicated that it would not be taken in at this time. She stated that it is unsightly and filled with junked cars,trash,campers and possibly undocumented workers living in this area. She was hoping that if it were taken in there would be some kind of control. She stated that for the last 15 years to have the property cleaned up,however, this is in the city and nothing has been done to clean it up. Ms.Nicklas stated that she currently has all services including, police, fire. trash, city water, and septic system. She asked that if everyone else south of them has been dropped from annexation consideration that they also be dropped and reconsidered when the others are taken in. Ms. Nicklas asked that the same comments be recorded for Item No. 22 and Item No. 23. With no further response,the Mayor then closed the public hearing. 22. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 3.590 Acres, out of the Henry L. Douglas Survey, Abstract No. 262, and being a resurvey of a called 3.6 acre tract of land described in a deed from Delaney Development Corporation to Gary K. Goll, et ux, as recorded in Volume 1184, Page 893, Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Ms.Nicklas on Item No. 21 also be recorded for Item No. 22. With no further response,the Mayor then closed the public hearing. 23. Hold the First of Two Public Hearings for the Annexation of property owned by Peter Nicklas, containing 2.7624 Acres,out of the Henry L.Douglas Survey,Abstract No.262,and being a part of a called 4.52 acre tract out of a 27.644 acre tract described in a deed from J.D. Houston to W.W.Housewright as recorded in Volume 773,Page 291,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. The Mayor asked that the comments by Ms.Nicklas on Item No. 21 also be recorded for Item No. 23. With no further response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 11 24. Hold the First of Two Public Hearings for the Annexation of property owned by Robert E. Nolan, containing 0.681 Acres out of the E.C.Davidson Survey,Abstract No.266,conveyed to L.W.Self and wife,Glenda O.Self by R.H.Wilson and wife,Grace L.Wilson by Deed recorded in Volume 793,Page 514 of the Collin County Deed Records,and being a part of a 2.573 acre tract conveyed to L.W. Self and wife,by Robert Leamon Reynolds and wife,Leta Reynolds by Deed recorded in Volume 803,Page 181 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 6) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Robert Nolan, 1320 W.Brown Mr. Nolan spoke in opposition to the annexation of his property. Mr. Nolan feels that the reason for the annexations is only for tax purposes. He is strongly opposed to the annexation. With no further response,the Mayor then closed the public hearing. 25. Hold the First of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District,containing 7.94 Acres, out of Francisco de la Pina Survey,Abstract 688, Collin County,Texas. And being out of a 47.5 acre tract of land described in a Report of Commissioners,by order of probate Court,December 29, 1923, and recorded in Volume 249, page 346,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 20) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 26. Hold the First of Two Public Hearings for the Annexation of property owned by North Texas Municipal Water District, containing 32.078 Acres,being out of Francisco De La Pina Survey, Abstract No.688,in the City of Wylie,Collin County,Texas and being a portion of a called 47.5 acre tract as conveyed to Leonard L.Creel and evidenced by Order on Report of Commissioners recorded in Volume 249,Page 346 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 22) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 12 The public hearing for Item No. 27 was heard previously after Item No. 8. 28. Hold the First of Two Public Hearings for the Annexation of property owned by Kenneth Putman, containing 3.459 Acres, being a part of an original 12 acre first tract out of the James Truett Survey,Abstract No.920 conveyed to Orville Kreymer,et al,by Media Kreymer, a widow,by deed recorded in Volume 645,Page 627,of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 14) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 29. Hold the First of Two Public Hearings for the Annexation of property owned by Ivan W. Stewart, containing 1.0 Acre,being a part of a 6.327 acre tract out of the James Truett Survey,Abstract No.920,conveyed to Orville Kreymer by G.C.Kreymer,Archie Kreymer,Clifton Kreymer,and Billy Kreymer by Deed recorded in Volume 949, Page 634 Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Ms.Carrie Stewart, 102 Paul Wilson Road Ms. Stewart spoke in opposition the annexation. Ms. Stewart stated that the city has no services to offer and she does not want to pay taxes. She stated that there is no room for future development therefore nothing for the city. She lives next door to the cabinet shop which was annexed 10-11 years ago and to the best of her knowledge,they do not have sewer services therefore she does not want to pay taxes and not receive services. With no further response,the Mayor closed the public hearing. 30. Hold the First of Two Public Hearings for the Annexation of property owned by Melvin St.John, containing 28.333 Acres,being part of a called 58 acre tract out of the Henry L. Douglas Survey, Abstract No.292 and the William Sutton Survey,Abstract No.860,conveyed to W. O.Houston and John D. Houston by G. H. Drewery and recorded in Volume 339, Page 436 of the Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 13 31. Hold the First of Two Public Hearings for the Annexation of property owned by Choya Tapp, containing 3.491 Acres, out of the Henry L.Douglas Survey,Abstract No.292 and the William Sutton Survey, Abstract No. 860, Collin County, Texas, and being the same tracts of land described in a Deed from Raymond L.Bass and wife,Helen R.Bass to William E.Butler and wife, Charlene L.Butler,as recorded in Volume 855,Page 745,Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. Mr. Maples stated that this property is one that Council had previously indicated that it would be dropping from the process. (Tract 95) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. 32. Hold the First of Two Public Hearings for the Annexation of property owned by Thomas Brown, containing 4.859 Acres,out of the W.D.Penny Survey,Abstract No.696,and being a part of a 25.679 acre tract conveyed by C.I.Norton and Lyda P.Norton to L.D.Pearce,L.G.Pearce and F.W.Pearce,as recorded in Volume 496,page 268,of the Deed Records of Collin County,Texas. Mr.Maples gave a general property description and indicated property location on the map. (Tract 105 & 106) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Thomas Brown,709 Parker Road Mr.Brown spoke in opposition to the annexation. Mr. Brown stated that he has resided at this property for two years and he purchased his property specifically outside of the city limits. He stated that the city cannot offer him services that he doesn't already have. He does not want to pay taxes for services he is not going to receive. Mr. Brown owns a commercial business,specifically auto repair. With no further response,the Mayor then closed the public hearing. 33. Hold the First of Two Public Hearings for the Annexation of property owned by Garry White, containing 1.089 Acres,out of the I.&G.N.Railroad Company Survey,Abstract No. 1059,Collin County,Texas,and also being part of a 4.00 acre tract as conveyed to Glen E.Pockrus and wife, Joyce Pockrus,recorded in Volume 1293,Page 84,Deed Records,Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Wylie City Council Minutes November 10,1998 Page 14 Ms. Shirley White,711 Parker Road Ms.White spoke in opposition to the annexation. She stated that she is in the same position as Dr. Kerin (Item No. 15) She stated that she could not see any future development in this area. She stated that the city cannot provide her with any services they do not already have. She stated that she would only be paying money to the city of Wylie and would not receive any benefit of services. Ms. White stated that she strongly opposes the annexation. With no further response,the Mayor then closed the public hearing. 34. Hold the First of Two Public Hearings for the Annexation of property owned by W.L. Brown, containing 1.0 Acres out of the William Sachse Survey,Abstract No.696 of 640 acres,about 14 miles Southeast from McKinney, Collin County,Texas, and being out of that 40 acres of land which is described as First Tract in a Warranty Deed from Jick Housewright et al to D.R.Moore and Kathleen G.Moore,dated April 15,1954,recorded in Volume 484,Page 379,Deed Records of Collin County,Texas_ Mr. Maples gave a general property description and indicated property location on the map. (Tract 1) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. Mr.Alfred Brown,property owner. Mr.Brown spoke in opposition to the annexation of his property. He asked Council why they have not annexed him before now and what would his property be zoned. He cited problems with the maintenance of the creek area. Mr. Maples explained the zoning would be"A"Agriculture and would not effect taxation. The Mayor clarified Mr.Brown's name for the record. Mr.Brown stated that he does have a warranty deed for this property. With no further response,the Mayor closed the public hearing. 35. Hold the First of Two Public Hearings for the Annexation of property owned by William F. Young,containing 1.0 Acre being out of the Elliot C.Davidson Survey,Abstract No.266,being a 1.00 acre tract of land out of a 72.5 acre tract,save and except previous conveyances,conveyed to J.R. Eaves by deed dated the 9th day of March, 1958, by J.W. Barnett et ux, of record in Volume 411,page 494,Deed Records of Collin County,Texas. Mr. Maples gave a general property description and indicated property location on the map. (Tract 9) The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to three minutes. With no response,the Mayor then closed the public hearing. Wylie City Council Minutes November 10,1998 Page 15 Staff Reports City Manager,Mike Collins gave Council an update on the status of the New Wastewater Treatment Plant and plans to come before Council in January with the terms of the agreement. Mr. Collins reported that on Thursday morning at 9:00 a.m staff would be conducting a walk through of the route for the water transmission main to be installed by the water district. Council is invited. The Mayor asked about the dirt and agreement to provide dirt to the intermediate school. Greg Maclean stated that the School District will coordinate with the contractor the excess dirt. Mr. Collins reported that correspondence has been sent to TCI Cable regarding the status of our current franchise with them after recent changes with AT&T now being the parent company. Staff will be reevaluating their response and what opportunity this might represent. Assistant to the City Manager,Mindy Manson reported status of the construction of the new park by the High School. She reported that all grading and irrigation is done and concrete for the parking lot has been initiated and will continue as weather permits. She reported that the fencing contractor will be putting up fencing for the ball fields next week. The City Manager's office is working with the School District on coordinating a contest to name the park. Mr.Greg MacLean reported that in regard to the Thursday morning walk through,that he and Mr. Forester are working closely with the district to coordinate traffic control. He also reported that work is proceeding on the preparations for the Wastewater Treatment Plant and they are working closely with the district. Mr. MacLean reported that they are working on one city project currently and that is the miscellaneous water mains which are underway and on schedule. City Secretary,Barbara Salinas reported that tomorrow is Student Government Day at the Complex and that all the students present this evening would be here tomorrow along with an additional 70 students, for planned activities. She stated that there would be a brief ceremony in the Courtyard in honor of Veteran's Day and the public was invited to attend the days events. Public Works Superintendent,Mr. Jack Jones reported the status of Mardi Gras,Valentine and Memorial. Mr. Jones reported that Pugsley Construction has nearly completed the area on Mardi Gras Valentine and Memorial. Mr. Jones reported that some options have been discussed to lower contract time to speed up the process of getting clean up complete. The Mayor then adjourned into Executive Session n accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071, Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting No action was taken as a result of the Executive Session. Wylie City Council Minutes November 10,1998 Page 16 • Adjournment. As there was no further business to come before the Council,the meeting was adjourned. hn John y, Mayor Attest: 1 VJ 0 � SEAL bars A. Sali , City Secretary OF Wylie City Council Minutes November 10,1998 Page 17