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11-17-1998 (City Council) Minutes MINUTES Wylie City Council Tuesday, November 17, 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 17, 1998 at 5:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Lavern Ramsey, J.C. Worley and Chris Trout. Councilman Young was absent. Staff members present were:Mike Collins,City Manager,Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas, City Secretary. Invocation The Invocation was given by Reverend Al Draper,First Baptist Church. Pledge of Allegiance Councilman Trout led the Pledge of Allegiance. Citizens Participation There was not citizens participation other than those present for the annexation public hearings. Consent Agenda A. Consider and Act Upon a Final Plat for the Wylie Assisted Living addition,proposed by Cascade Companies,L.L.C., generally located at the northeast corner of SH 78 and Eubanks Lane and being all of a certain 6.5 acre tract out of the Francisco De La Pina Survey,Abstract No.688,City of Wylie, Collin County, Texas, and being a part of Lot 1, Block A, of Woodlake Village, an addition to the City of Wylie, as recorded in cabinet G,Page 386, of the Plat records of Collin County,Texas. B. Consider and Act Upon a Preliminary Plat for Southfield Estates, proposed by Southfork Development,Ltd.,generally located at the southeast corner of FM 544 and Vinson Road and being all of a 34.5528 acre tract out of the E.M.Price Survey,Abstract No. 1114,City of Wylie, Dallas County,Texas. C. Consider and Act Upon a Preliminary Plat for the Southplace Estates Phase II addition,proposed by Ballpen Venture II, L.P., generally located along the east side of Taos Lane between Cloudcroft Drive and Silvercreek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. D. Consider and Act Upon a Preliminary Plat for the Harvest Bend Addition, proposed by Doupharate and Associates,Inc.,generally located at the southwest corner of FM 2514 and Dog Drop Road and being all of a certain 16.356 and all of a certain 20.042 acre tract out of the W.D. Penny Survey,Abstract No.696,City of Wylie,Collin County,Texas. Wylie City Council Minutes November 17,1998 Page 1 Mayor Pro Tem Worley made a motion to approve Items A-D on the Consent Agenda. Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0 The Mayor stated that staff has provided a breakdown of the assessed value of an average home in Wylie what the property taxes are,including WISD, County and City and what portion is spent in the community. Items for Individual Consideration Public Hearings 35. Hold the Second 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. For recording purposes, no one was present at the public hearing on November 10, 1998. With no response,the Mayor then closed the public hearing. 34. Hold the Second 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. Sister of Mr.Brown,representing the property owner. Mr.Brown's sister advised Council that her brother was present at the last public hearing and spoke in opposition of the annexation. She advised Council that her brother passed away on Thursday. She stated that as his heirs they do not want annexation either. She requested that Council leave them alone and not consider annexation of the property. With no further response,the Mayor closed the public hearing. Wylie City Council Minutes November 17,1998 Page 2 33. Hold the Second 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. (Tract 107) 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.Shirley White,711 Parker Road Ms.White spoke in opposition to the annexation. Ms. White restated her comments from the last public hearing of November 10, 1998. She stated that when the city can furnish water,sewer and city streets then she would be acceptable to annexation. With no further response,the Mayor then closed the public hearing. 32. Hold the Second 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 restated his comments from the public hearing of November 10, 1998. He does not see the city providing services within the four and one half years. He stated that if the city provides services,he would not object to annexation. The Mayor stated that the information provided gives a breakdown of all services provided including police,fire, library,streets,parks and general government and debt service for financing roads and capital investments such as fire truck,police cars,and water. City Manager Mike Collins clarified that reference was made to the county's reimbursement to the city for fire calls made. He stated that this is true,the County does reimburse the city at an amount of$45,while the actual expense of making a fire call,without a structure fire, is $360. Wylie City Council Minutes November 17,1998 Page 3 Mr. Brown asked if it was currently in the plan to paving the road and provide sewer services. The Mayor responded that no,because he is not in the city,we cannot not plan sewer services to an unincorporated area. City Manager Mike Collins stated that the breakdown provided was to clarify the services provide with tax dollars and that water and sewer services was a separate issue. Mr. Collins clarified that if you are not receiving sewer service you are not nor will not pay for those services. With no further response,the Mayor then closed the public hearing. 31. Hold the Second 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. The Mayor asked that the record show that at the last public hearing of November 10, it was determined that this property is one that Council has indicated that it would be dropping from the process. (Tract 95)Mr. Maples stated that the public hearing was advertised and a hearing would need to be conducted. 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. 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. (Tract 93) 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. For recording purposes,no one was present at the public hearing on November 10, 1998. With no response,the Mayor then closed the public hearing. 29. Hold the Second 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. (Tract 16) Wylie City Council Minutes November 17,1998 Page 4 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 closed the public hearing. 28. Hold the Second 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. Ms.Diane Stone, 140 Paul Wilson Road Ms. Stone addressed Council on behalf of Mrs. Putman,who has recently lost her husband. She asked that Ms. Stone voice her opposition to the annexation. With no further response,the Mayor then closed the public hearing. 27. Hold the Second 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. Mr. Maples gave a general property description and indicated property location on the map. (Tract 92) 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.Danny Justus,P.O.Box 1714 Mr.Justus spoke in opposition to the annexation of his father's property. He asked Council how many Council members have had property annexed or how many have ever gone through an eminent domain proceeding? Mr. Justus stated that he had gone through it once with the State,he stated that he does not question the desire of the city's expansion but his problem is with forcing his individual rights to be suppressed. Mayor Mondy reminded Mr.Justus that he was to address only Item No. 27 at this time. Mr. Justus stated that this property is not within the city limits adjacent to a field and has been that way since his father has owned it. He feels that it is only to raise finances and this in the only benefit he can see. He asked Council what the benefit to the city is to annex his father's property? He stated that he felt that the Council was suppressing his father's individual rights to not be within the City,as so expressed by many in attendance. He stated that his ancestors fought in many wars and this country was established not only for independence of other powers,but for individual expression. Wylie City Council Minutes November 17,1998 Page 5 With no further response the Mayor then closed the public hearing. The Mayor then moved to Item No. 8 on the Agenda. 8. Hold the Second 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. 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.Danny Justus,P.O.Box 1714 Mr.Justus stated that this property has been in his family for twenty years and has never served any purpose to the city. He again stated that the only purpose he can see for taxation purposes. He stated that his quote in the City paper was not accurate and that he did not want to suggest that the city has no right to grow,however, some purchased property outside the city and do not want to be a part of the city. He stated that he feels that many are concerned that they are overtaxed. With no further response,the Mayor then closed the public hearing. 26. Hold the Second 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. For recording purposes,no one was present at the public hearing on November 10, 1998. With no response,the Mayor then closed the public hearing. 25. Hold the Second 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) Wylie City Council Minutes November 17,1998 Page 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. For recording purposes,no one was present at the public hearing on November 10, 1998. With no response,the Mayor then closed the public hearing. 24. Hold the Second 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 restated his comments from the November 10 public hearing. 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. 23. Hold the Second 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. (Tract 87) 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. Peter Nicklas, 1 Goll Road Mr. Nicklas wished his comments to be recorded for Item Nos. 22 and 21 as well. Mr. Nicklas stated that Council mentioned closing donut holes. He stated that by taking in his property,they would create a donut hole by leaving out a distasteful area that is out of control. He asked that if we take his property,that we also take the remaining area as well to control both. He asked that until this area is developed or unless the donut hole is also taken in,that Council not annex his property at this time. Wylie City Council Minutes November 17,1998 Page 7 With no further response,the Mayor then closed the public hearing. 22. Hold the Second 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. 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.Nicklas on Item No. 23 also be recorded for Item No. 22. With no further response,the Mayor then closed the public hearing. 21. Hold the Second 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. 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.Nicklas on Item No. 23 also be recorded for Item No. 21. With no further response,the Mayor then closed the public hearing. 20. Hold the Second 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'/2 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. Wylie City Council Minutes November 17,1998 Page 8 19. Hold the Second 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. 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. With no response,the Mayor then closed the public hearing. 18. Hold the Second 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. (Tract 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 Second 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. (Tract 7) 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 closed the public hearing. 16. Hold the Second 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 17,1998 Page 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. For recording purposes, no one was present at the public hearing of November 10, 1998. With no response the Mayor then closed the public hearing. 15. Hold the Second 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 again in opposition to the annexation of his property. He added that last week Mr. Jack Jones, Public Works Superintendent,confirmed that a lift station would be required to provide sewer service and connect to the Pointe North system. He stated that this is the same situation as was ten years ago when his home was built and this is why he installed a septic sewer system. Dr. Kerin stated that he did attend the Comprehensive Plan Workshop last Thursday and his property was not in either scenario and felt that his property was not important enough to be included on a map or workshop yet the city is willing to annex his property for its tax base. He stated that most of the growth is projected to the go to the south east. He stated that to make the parcel contiguous,his neighbor Ms. Turner,who is on social security and has no means to pay taxes,may be annexed as well. He stated that he felt this issue deals with both morals and ethics. He stated that if services were not provided,you should not be expected to pay for them and that the only reason he could see for annexation was for tax purposes. He asked Council to carefully consider the annexation,stating that he is happy with the current services provided and that with no evidence of growth, to annex now would be premature. He stated that Council's individual votes would be a demonstration of their values to him and those interested. With no further response the Mayor then closed the public hearing. 14. Hold the Second 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. Mr. Maples gave a general property description and indicated property location on the map. (Tract 19) Wylie City Council Minutes November 17,1998 Page 10 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 restated his comments from the November 10 public hearing. He further stated that he sees no benefit from the annexation. He reported that this evening they had vandalism at his property and he was unsure of whom to call, since part of his property is in the City. He asked that since the city does not maintain Paul Wilson Road,that the city return it to the County and leave them in the County as well. He stated that he can see no benefit from taxation. Mr. Janish then asked, if he is annexed,when the taxes would be assessed. He was advised that the taxes would be due at the end of 1999. The Mayor clarified that he currently has an 8'water line, a TU Electric easement in his backyard, and two septic systems. Mr. Janish confirmed this was correct. With no further response the Mayor then closed the public hearing. 13. Hold the Second 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. (Tract 18) 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 restated his comments from the November 10 public hearing. He does not see any advantage of being a part of the city. He stated that this is taxation without representation, something that this country went to war over. He felt that most cannot afford additional taxes. Mr. Hoeft strongly opposes the annexation of his property. With no further response,the Mayor then closed the public hearing. 12. Hold the Second 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 17,1998 Page 11 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 restated her comments from the November 10 public hearing. She further stated that the city could not provide any additional services. She restated that she is across from St. Paul with four other properties being considered for annexation. She stated that her family is on a limited budget and additional taxes present a burden to their family. With no further response the Mayor then closed the public hearing. 11. Hold the Second 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. For recording purposes, no one attended the November 10 public hearing. With no response, the Mayor then closed the public hearing. 10. Hold the Second 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 Council if this is simply about taxation and asked for a response from Council. The Mayor responded that it was not,in his opinion. Mr. Downs stated that the letter had no explanation for the annexation and Council's actions to drop several parcels,without explanation, leaves the remaining property owners to only imagine what the city intend is and asked Council to offer an explanation. Wylie City Council Minutes November 17,1998 Page 12 The Mayor stated that the reason for dropping several parcels was because of the city's inability to provide services at the most cost effective manner. He stated that this area would be under construction within the next 24 months. Mr.Downs stated that this was difficult for him because they have been through the process before. He did not feel that morally, this was the correct thing to do. Mr. Downs stated that the outcome of the annexations will effect the lives of those Council imposes their will on and asked that Council not use the law like a club. With no further response,the Mayor then closed the public hearing. 9. Hold the Second 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 continued that this process is a charade and he understood that we are simply following a process. He asked that Council respond to him,and if this is not about taxes,then what is it about? The Mayor responded to Mr.Downs stating that if he had been in the city,his neighbor would not be there with a double wide mobile home. Mr.Downs asked if the Mayor was suggesting that he wants the city to protect him and that he could not work out his differences with his neighbor. Mr. Downs restated that he did not need or want the city to protect him from his neighbor,nor did he want to pay the city to protect him but that he would pay the city paper to take out a quarter page ad to voice his opinion about these kinds of proceedings of using the law like a club. He again asked that Council respond to his question, and that to be protected from his neighbor is not rational reason to be annexed into the city. The Mayor stated that approximately six months ago when a developer asked to put in an apartment complex close to his area,his neighbors came and asked for protection,which the Council gave. With no further response,the Mayor then closed the public hearing. Item 8 had previously been heard after Item No. 27. 7. Hold the Second 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. Wylie City Council Minutes November 17,1998 Page 13 Ms.Mary Curcio, 1200 Paul Wilson Road. Ms. Curcio spoke in opposition to the annexation of her parent's property. Ms. Curcio spoke on behalf of her parents, her father spoke at the last public hearing of November 10, 1998. She stated that she felt the annexations are random. She stated that her parents currently have all services required and they had concerns regarding improvements and maintenance of the road in front of their home. She stated that it appears that annexation is for tax purposes only. She stated that her parents are senior citizens living on a fixed income. She stated that they had cleared the land and built their home in hopes of living out their `golden years' and that the annexation could diminish their quality of life. She asked that Council please omit this property from annexation consideration. With no further response,the Mayor then closed the public hearing. 6. Hold the Second 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 1/2 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. Mr. Maples stated that this property was one that Council had indicated it would be dropping from the process. (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. 5. Hold the Second 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. 4. Hold the Second 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 17,1998 Page 14 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. Unidentified Female Participant -property owner Mark Clayton. The speaker advised Council that she did not attend the first public hearing, however, this should not be an indication that they approve of the annexation. She stated that she was in favor of city growth,however, she did not understand why the property across the street was not included and that between the two properties there is land that is in the city. She wanted to know why the property across the street was not considered and why some parcels were dropped. She stated that she does not wish to be a part of the city since we are not annexing the property across the street and stated that this would be spot annexation. With no further response,the Mayor then closed the public hearing. 3. Hold the Second 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. 2. Hold the Second 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. (Tract 2) 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 asked that Mr. Justus' and Dr. Kerin's statements read into his reasons for opposition to the annexation. Mr. Boyer stated that at the last meeting he asked some questions,one of them being,if anyone knew why his land was excluded from the 1995 annexations. He asked if anyone had researched his question. He stated that he asked around and found out that the storm drains the city installed diverted water to the creek on his property and the city did not want to take on the maintenance of the creek. Wylie City Council Minutes November 17,1998 Page 15 He stated that part of him does not mind being a part of the city and he has done business within the Wylie community . He also stated that he did attend the Comprehensive Plan Workshop and applauded the city's efforts and vision. However,Mr. Boyer stated that he did not want to be annexed because he does not believe that the city will not protect his rights on how he uses his land as he would. He cited Hooper Road as an example and stated that this will change only with development. He asked that the city not take on the expense of creek and road maintenance and wait for future development to help with the costs and expenses. With no further response,the Mayor then closed the Public Hearing. 1. Hold the Second 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. 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. Marvin Fuller,355 Donna Drive Mr.Fuller stated that he was asked to speak on behalf of Mr. Anderson. Mr. Fuller stated that Mr. Anderson's concerns are that his property is next to the railroad tracks and the property south is not being annexed. He is a tax payer and resident in Wylie. Mr. Maples stated that the property to the south is one that the legal description research is not complete due to records at the County level,however,the research is ongoing. With no response,the Mayor then closed the Public Hearing. Approval of a Resolution 36. Consider and act upon a resolution, formally requesting that the Farm-to-Market (FM) designation for a portion of Ballard Street between Butler and Stone streets be eliminated by the Texas Department of Transportation(TxDOT)and establishing the City of Wylie maintenance responsibility for the same portion. Mr.Mike Collins addressed this item. Mr. Collins stated that the North Texas Municipal Water District's will be installing a 72" water main located down South Ballard resulting in a four-lane divided thoroughfare. Mr. Collins stated Mr.Fuller's efforts on behalf of the water district to encourage the city to look at an alignment to save the canopy of trees on Ballard. After some discussion between the engineers and North Texas the results are an alignment saving the trees. Mr. Collins stated that the Texas Department of Transportatation does not allow any type of facialitis to be constructed beneath their pavement,therefore a change in the FM designation is neccessary to move forward on this project. Mr. Collins explained that TxDot would be returning the road to the city in order to be maintained. Wylie City Council Minutes November 17,1998 Page 16 A motion was made by Mayor Pro Tern Worley to approve a resolution,formally requesting that the Farm-to- Market(FM)designation for a portion of Ballard Street between Butler and Stone streets be eliminated by the Texas Department of Transportation(TxDOT) and establishing the City of Wylie maintenance responsibility for the same portion. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0. RESOLUTION NO.98-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, REQUESTING THE TEXAS DEPARTMENT OF TRANSPORTATION TO REMOVE THE FARM-TO - MARKET DESIGNATION FOR A PORTION OF BALLARD STREET,BETWEEN BUTLER AND STONE STREETS; AND ESTABLISHING THE CITY OF WYLIE'S RESPONSIBLITY FOR MAINTENANCE OF THE ROADWAY. Staff Reports City Manager Mike Collins reported that discussions will continue with the North Texas Municipal Water District with regard to the Wastewater Treatment Plant and hope to come before Council in late January or early February with a draft of the agreement. The Mayor announced that the city has reached an agreement with the County and Kansas City Soutern Railroad. A press release has been released and information has been provided on the table at the chamber entrance. The Mayor reported approximatley 9 million has been leveraged to hopefully make the community safer, quieter and easier to move through. The Mayor stated that all details are not lined out,but the legal teams will come forward with a timeline and Council hopes to have an agreement on the 15th of December. Council was then in recess for approximatley 45 minutes to allow the Planning and Zoning Commission to conduct their scheduled meeting. Wylie City Council/Planning & Zoning Commission Joint Worksession Discussion Regarding Residential Zoning Districts and Development Standards. The Mayor reconvened in Worksession at 8:05 in the Council Conference Room for a joint worksession with the Planning and Zoning Commission. The Council and the Planning and Zoning Commission held disucssions on the status of the Comprehensive Plan review and the visions from the community. It was determined that zoning strategies must first be in place in order to establish a vision and that this is the basis for zoning decisions. It was agreed that the issue of residential zoning is the primary focus. There was considerable discussion regarding future requests for SF-3 zoning designation and the time frame in addressing this issue with regard to the Comprehensive Plan Review. It was decided that the Planning and Zoning Commission would meet again with the Council for another joint worksession on December 15, 1998. Wylie City Council Minutes November 17,1998 Page 17 Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy, Mayor Attest: Ca1 of s ,j, bars A. Sa i , City Secretary A t SEA -A ,J'�i C') ,'Z' �'f4�dd��dd���t�;i41111���;°���� Wylie City Council Minutes November 17,1998 Page 18