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08-09-1999 (City Council) Minutes MINUTES Wylie City Council Monday, August 9, 1999 - 6:00 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,Monday, August 9, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Jim Swartz, Merrill Young, and Chris Trout. Councilman Worley 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; Chris Holsted, Consulting Engineer; Richard Abernathy,City Attorney and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the Invocation. Pledge of Allegiance Councilman Swartz was asked to lead the Pledge of Allegiance. Citizens Participation No one came forward for Citizens Participation. 1'I'EMS FOR INDIVIDUAL CONSIDERATION Public Hearings The Mayor addressed the audience prior to the start of the Public Hearing process by reading the following opening statement. "As a City Council,we know that the issue of annexation is not very popular with those of you here tonight. The authority that the State of Texas provides to cities is a privilege and a responsibility that this City Council takes very seriously. We must make difficult decisions that affect people's lives. We must make a determination that balances individual property rights with the general public's need to control overall land use in the future. If annexed,your current use is grand fathered. In addition,we will meet State law requirements governing what services re to be provided. We have available at the back table,information describing what services the property taxes support. We will listen respectfully to your comments during the public hearing." 1. Hold the first of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W.Hood,to Chas.E.Hood,dated November 27, 1940,and recorded in Volume 33, Page 70 of the Deed Records of Collin County,Texas. Wylie City Council Minutes August 9,1999 Page 1 Mr.Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 199.22 Acres of land and being part of the William Patterson Survey,Abstract No. 716,and being the second and third tracts in deed from Amos W. Hood, to Chas. E. Hood, dated November 27, 1940, and recorded in Volume 33,Page 70 of the Deed Records of Collin County,Texas. An overhead was provided. Mr.Maples stated that in an effort to ensure the goal of protecting the quality of life and the provision of services within the area,the City of Wylie believes that the property shown on the attached map should be within its city limits and should the City Council approve the annexation request,the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. Mr. Maples explained that the procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Mr. Maples explained that before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two(2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The two(2)public hearings have been scheduled for the August 9, 1999,and August 10, 1999,City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for August 31, 1999. The statements by Mr. Maples on Item No. 1 are applicable to Items 1-6. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Ms.Barbara Mitchell,P.O.Box 503,2457 Country Club Road-Parcel 145 Ms.Mitchell stated that she represented property owners,Keith and Angie Anderson,Dennis and Sharon Baum, Robert and Jeannie Young, Kenneth and Mary Ellis, Heath and Angie Gibson, Doodie& Ruth Frederck and David Bell. Ms.Mitchell stated that she has owned her property for thirty five years and that they currently have all that they need with regard to services and do not feel they need to be annexed at this time. She does not feel that the city can provide services within a six month time period and they are satisfied with their septic tank and the water service they receive from Parker. There was some discussion with regard to the future widening of F.M. 1378 and from which side,east or west the right of way would be acquired. It was estimated by the Mayor that this could be 3-7 years into the future. Matt and Katherine Butschek, 1755 F.M. 1378-Parcel 128 & 129 Ms. Butschek described the location of their property as across from Dodd Elementary. She stated that they moved to this area to get away from development. She stated that they currently use a private service for refuse collection and have good police protection. Their property is approximately 20 acres and to develop they would require sewer service. She stated that they are satisfied with current services and that it would take too long for the city to provide services. Mr.Butschek echoed the comments of his wife,Katherine. He added that he is opposed to the annexation. He feels the property will not be developed for 5-10 years and that it is too soon to be annexed by the City. He prefers to keep the use as"A",Agriculture. Mr.Mike Morris,2065 Stone Road-Parcel 3 &4 Mr. Morris's comments are to be recorded for Item No. 3. Mr.Morns stated that he is opposed to the annexation of his property. He stated that his attempts to locate a car lot within the city limits resulted in his purchase of property outside of the city. He was concerned as to why the city wants to annex him at this time. He feels that he has done a lot of work on his property and he does not want to have to pay taxes and not be provided services. He added that his property was deannexed in December of 1992 and that he cannot be annexed within five years, and if so services must be provide within one year. Wylie City Council Minutes August 9,1999 Page 2 Mr. Morris responded to Councilman Scott with regard to length of ownership; Parcel 3 he has owned for approximately 2-3 years and Parcel 2 for approximately 1-1 '/2 years. Sharon K Benner,7960 E Parker Road,Allen-Parcel 174 Ms. Benner's comments are to be recorded for Item No. 5. Ms. Benner voiced her opposition to the annexation. She described her property as west of Dove Creek. Ms. Benner read aloud the City of Wylie's Mission Statement and Pledge stating that she did not think we were acting in agreement to our Statement and Pledge. She stated that during the Parker/Wylie litigation she asked if Wylie had any plans to annex and she was told that we did not. She pointed out to Council that she had three scouts with her this evening who were in the process of earning their merit badges and were to observe Council's actions. She questioned the notification process and publication requirements. Ms. Benner cited response times with regard to police and fire from surrounding cities. She concluded by stating that her husband,who could not be present,is also opposed to the annexation and that the city had nothing to offer by including their property as part of the City. With no further response,the Mayor then closed the Public Hearing. 2. Hold the first of two Public Hearings for the Annexation of 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY,ABSTRACT NO.835,Collin County, Texas,and being all of that certain tract of land conveyed to Jeffrey L.Whitcraft and wife,Maria T.Whitcraft as recorded in File No.93-0088426,Deed Records,Collin County,Texas. Mr. Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 12.86 Acres of land and being a tract of land situated in the WILLIAM SACHSE SURVEY. ABSTRACT NO. 835, Collin County, Texas, and being all of that certain tract of land conveyed to Jeffrey L. Whitcraft and wife,Maria T.Whitcraft as recorded in File No. 93-0088426,Deed Records,Collin County, Texas. An overhead of said tract of land was provided. It was noted that this property was located adjacent to the North Texas Landfill. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. With no response,the Mayor then closed the public hearing. 3. Hold the first of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County,Texas,a part of the Richard D.Newman Survey,Abstract No.660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R. Beck,et ux,to R.S.Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. Mr.Tobin Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 5.0 Acres of land and being situated in Collin County,Texas, a part of the Richard D. Newman Survey,Abstract No.660 and being part of 17.062 acres out of the East portion of a 19.70 acre tract as described in a deed from J.R.Beck,et ux,to R.S. Williams,dated December 20, 1910,recorded in Volume 166,Page 430 of the Collin County Deed Records,Collin County,Texas. An overhead of said tract of land was provided. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Wylie City Council Minutes August 9,1999 Page 3 The Mayor asked that the prior comments by Mr. Mike Morris be entered into the record for Item No. 3 With no further response,the Mayor then closed the public hearing. 4. Hold the first of two Public Hearings for the Annexation of 1.089 Acres of land and being situated in Collin County,Texas,in the I.&G.N.Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187, Page 61, of the Collin County Deed Records,Collin County,Texas. Mr. Maples addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of 1.089 Acres of land and being situated in Collin County,Texas,in the I.& G.N. Railroad Company Survey,Abstract No. 1059,and being a portion of the 5 acre tract conveyed as Tract 2 in the deed from Vantage Properties,Inc.to Wylie Northeast Water Supply Corporation recorded in Volume 1187,Page 61,of the Collin County Deed Records,Collin County,Texas. An overhead of said tract of land was provided. Mr. Maples noted that this area was what remained from the last annexation process in December of 1998. Mr.Chris Hoisted stated that sewer service is currently under design and completion is scheduled for the end of September or first of October of this year. Council directed staff during the annexation process in December of 1998 to begin the process of sewer provision for specifically annexed parcels surrounding the property described in Item No. 4. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments 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 approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey,Abstract No. 716,and also being out of the L..Marshall Survey,Abstract No.594,Collin County,Texas. Mr.Maples addressed this item. Mr.Maples stated that this was one of two Public Hearings for the Annexation of approximately 237.421 Acres of land and being all of a tract of land situated in the William Patterson Survey, Abstract No. 716,and also being out of the L.. Marshall Survey,Abstract No. 594, Collin County,Texas. An overhead of said tract of land was provided. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Mr. Dennis Bell,307 Dogwood Street-Parcel 140 Mr.Bell voiced his opposition to the annexation. Mr.Bell is currently the sole owner of the property at the corner of FM 1378 and Parker Road,or Parcel 140 which shows Mr. Robert Garner,Jr. He stated that his property is a good sized piece of land and he does have plans to develop. He stated that he currently operates with a septic tank and that the property is used only for storage. When asked how he plans to develop the property,Mr. Bell responded that more than likely it would be some type of commercial development. He stated that vehicle traffic is approximately 7,000 vehicles per day. Mr. Bell stated that the sewer service is his main issue with the annexation. Wylie City Council Minutes August 9,1999 Page 4 Mr.Bill Hallas,7940 E.Parker Road-Parcels 172 & 173 Mr. Hallas voiced his opposition to the annexation. He stated that he has been a resident for two and one half years. He stated that his property is currently used as storage for his construction type work. His concerns are that if he is annexed into the city,he will be dictated by City of Wylie rules. He stated that he has not had time to research,but feel that the city is more concerned with the tax revenues from the annexations and that he will have to wait up to five years for services. He stated that he is currently satisfied with all services provided. Ammoa Benner,7960 E.Parker Road-Parcel 174 Mr.Benner voiced his opposition to the annexation. He stated that he has lived at this address for ten years and currently attends High School in Plano. He stated that they receive services from Plano and water from Parker. He stated that he is only 21 years of age and he likes living in the rural atmosphere created by the unincorporated area. He stated that he is able to have many pets and that raising them has taught him responsibility. He feels that the city may restrict family activities such as fireworks during the holidays and the use of fire arms. Edward Sledge,4010 Bois D Arc Lane,Allen-Parcel 164 Mr. Sledge spoke in opposition to the annexation of his property. He wanted Council to note that his physical address is `Allen'. He stated that he lives quite a way from Wylie and felt that he was really outside of our community. He remarked on the ten day notification of the process and felt that this annexation was being rushed by the City and questioned whether we were working to meet a deadline. He expressed his shock at the City's attempt to annex his property. His concerns were regarding services,including sewer,refuse pick up, the paving and maintenance of his road and concerns regarding future plans to bring him into the Wylie Independent School District. Mr. Sledge concluded by stating that he feels that the benefits are all for the city and not the property owners and that the city is only concerned about bringing him in before someone else does. Pat Randolph,property unidentified Mr.Randolph spoke in opposition to the annexation of his property. He stated that he is a 25 year resident and sees no advantage to annexation in that the city can offer no services to benefit the property owners. Alvin Duncan,7750 E Parker Road-Parcel 169 Mr. Duncan spoke in opposition to the annexation of his property. He stated that he was shocked at the latest tax statement he received. He stated that he is currently paying taxes to the Plano Independent School District and asked how this would change. The Mayor stated that this would not change and he would not be assessed Wylie Independent School District taxes. He stated that he would be opposed to the annexation unless the city could furnish services such as sewer and gas. Mr.Kurt Strange,7900 E Parker Road,Allen-Parcel 171 Mr. Strange spoke in opposition to the annexation of his property. He asked how this annexation would effect his business. It was explained that he could continue to operate,unless the use changed. Mr. Strange voiced his concerns regarding the DR Horton development adjacent to his property and how this could effect his sewer service. He was advised that if annexed and sewer lines are within 500'of his property,he would be required to tie into sewer services. Mr. Strange again stated that he did not want to be annexed. Mr. Gerald Lewis,7730 E Parker Road,Allen-Parcels 166, 167,and 168 Mr.Lewis spoke in opposition to the annexation of his property. Mr. Lewis stated that the city cannot offer his anything and that he has tax dollars to offer the city. He was concerned about the Council's reasons for wanting him in their city. Wylie City Council Minutes August 9,1999 Page 5 Ms.Dolores Veninga,5531 Ursula Lane,Dallas-Parcel 130 Century Hill Investment Company,A Real Estate Partnership. Ms. Veninga spoke in opposition to the annexation of her property. She stated that she has owned the approximate 100 acres for 25 years and has farmed the land during this time. She asked how the annexation would effect her city taxes and what the tax rate was for her acreage. Staff could not give her an estimate without more specific information. She expressed her concerns regarding the recent changes in the annexation law and the time frame for completion of the annexations. Mr.Fred Veninga,5531 Ursula Lane,Dallas-Parcel 130 Mr.Veninga spoke in opposition to the annexation of his property. He expressed concerns regarding the rushed process and the two public hearings held on consecutive evenings. With no further response,the Mayor then closed the public hearing. 6. Hold the first of two Public Hearings for the Annexation of approximately 3.823 Acres of land and being a survey of a tract of land in the W.D.Penny Survey,Abstract 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 addressed this item. Mr. Maples stated that this was the first of two Public Hearings for the Annexation of approximately 3.823 Acres of land and being a survey of a tract of land in the W.D. Penny Survey, Abstract 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. An overhead of said tract of land was provided. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of or in opposition to the proposed annexation to come forward stating their name and address for the record and to limit their comments to three minutes. Mr.Bill Roberts,777 E 15th Street,Plano Representing Mr. &Mrs.Jesus Espinoza,2237 Country Club Drive,Plano-Parcel 102 As legal representation for the Espinoza's he expressed their opposition to the annexation of their property. Mr. Roberts asked whether the property surrounding the Espinoza property was within our City Limits. Mr. Maples stated that it was. Mr. Roberts explained that the Espinoza's are currently in the process of developing said property with the construction of a metal building. His concerns are for pre-existing use. He asked if the Espinozas will be able to use the building as currently constructed. There was discussion as to the permitting process,which would have been done through the County. Mr. Espinoza stated that the County did not require a building permit but they would need to issue a permit when the electricity was connected. It was stated that currently the Espinoza's have every type of service they need and asked that they not be included in the annexation. There was some further discussion regarding the placement of a mobile home,prior to possible annexation. Mr. Roberts explained that currently they have a mobile home on the property that they wish to replace with a new one. Mr. Maples explained that, if annexed, they would be allowed to bring in a new mobile home only if it contained the same square footage or less. With no further response,the Mayor then closed the public hearing. Wylie City Council Minutes August 9,1999 Page 6 The Mayor then asked Mr. Abernathy,city attorney, to address the audience with regard to the posted Work Session on recent legislative changes and provide some clarification for those who had concerns. Mr.Abernathy provided a handout to the Council that detailed the new legislation as it relates to the annexation process. Mr. Abernathy stated that Chapter 43 of the Local Government Code sets out the requirements to annex. This law changed,effective September 1, 1999. Mr.Abernathy stated that the City of Wylie does comply with these requirements and explained the time frame requirements with regard to public hearings and annexation approval. It was questioned whether the City appeared to be rushing the process. The Mayor addressed this concern. He stated that typically it has taken 30-45 days to complete an annexation process and within the past six years he recalled only four,with the most recent during November and December of 1998. Of those annexed, staff was directed to initiate the process of sewer provisions to be completed within 12 months. According the our City Engineer,sewer service should be completed within nine months. Other concerns from those present were with regard to the city's authority to annex and changes in the notification process within the new Senate Bill 89. Mr. Abernathy presented a summary of the new legislation and highlighted the main issues within the new legislation that would have an effect on municipalities. The three points clarified were regarding the preclearance requirement from the Justice Department. Previously. preclearance was sought after the annexation was complete. Under the new statute,preclearance will be required as soon as possible, up to 90 days prior to the annexation. Municipalities will also be required to notify the School District as to the proposed area of annexation and the financial impact including changes in utility costs. Home Rule cities have two types of annexations,voluntary and involuntary. Mr. Abernathy made reference to Senate Bill 89,Section C, `Annexation Procedure for Areas Annexed Under Municipal Annexation Plan"and Cl 'Annexation Procedure for Areas Exempt from Municipal Annexation Plan"and provided a brief summary of how this effects municipalities,specifically Wylie. He referenced the change with provision of services from 5 years to 2'/2 years and with regard to disannexation and the provision that can require payment of attorneys fees should the city loose a lawsuit. Also amended was the time frame to annex after disannexation. This has been amended from 5 years to 10 years. Mr. Abernathy was then available for questions from Council and the audience. Mr. Collins had a concern and referenced specifically Page 4, G. Mr. Abernathy referred Mr. Collins to Page 7 of 18 "G", Subsection of 43.056. Mr. Abernathy stated that this Section detailed the level of service required to provide. He added that this should not be an issue, unless land is annexed that will enhance the tax base, existing development. Mayor Mondy stated that Council's concerns, with regard to the annexations,are to protect the City's entryways. He stated that they receive heavy criticism with regard to the entryways into the City. Mr. Abernathy stated that though most are opposed to annexation,the council's desire to protect the entry ways are those similar to most other cities. He stated that this is a legitimate reason for annexation and that overall what the city is doing should be applauded. He added that during the last annexation process,the city chose not to annex several parcels of land,possibility as much as 60%of what was presented. Councilman Scott asked whether specific parcels within an a large tract of land could be annexed without annexing the entire acreage. Mr. Abernathy advised that this could be done,however, it must be done carefully so that parcels must be adjacent. There was some discussion from the audience regarding the conduct of an election as part of the annexation process. Mr. Abernathy clarified reference to the election stating that an election was conducted in the 1980's that adopted our Home Rule City Charter. Wylie City Council Minutes August 9,1999 Page 7 Mr.Matthew Butschek,Parcels 128 & 129 addressed Council asking the City to take it's time and do the right thing, not rush into the annexations because of a September 1, 1999 deadline. He stated that the City could operate under the new legislation,concluding that this law is the People vs. the City. The Mayor stated that after the meeting has been adjourned,he wished to visit with those property owners who owned frontage on F.M. 1378. Staff Reports Mr.Mike Collins,City Manager reported the progress on Ballard Street. He suggested a possible Ribbon Cutting Ceremony for Friday morning,however,Council expressed a desire to schedule an alternate day due to scheduling conflicts. Mr. Collins stated that all work is progressing and that the completion date has not been changed. He also reported that Kirby Street would remain one way until the contractor has completed all work, including the Ballard/Stone intersection. Work Session A presentation by Richard Abernathy, City Attorney regarding recent legislative changes was conducted as a presentation during the Regular Meeting due to the number of property owners who had questions and concerns. Adjournment. With no further business to come before Council, Councilman Scott made a motion to adjourn the meeting and Councilwoman Allen seconded the motion. John ndy, Mayor Attest: r 1 arb: a A Salinas, Ofty Secretary • Wylie City Council Minutes August 9,1999 Page 8