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