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08-10-1999 (City Council) Minutes MINUTES Wylie City Council Tuesday, August 10, 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, Tuesday, August 10, 1999 at 6:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager;Mindy Manson,Assistant to the City Manager; Brady Snellgrove, Finance Director; Tobin Maples, Planning Director; Chris Holsted, City Engineer 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 Ms.LeAnn Tramell,921 Heatherwood. Ms. Tramell expressed her concerns for the conditions of home under construction within her subdivision. Pictures were provided to Council so that conditions could be noted. Contractor is Lexington Homes. Ms. Tramell also expressed her concerns for the median strip maintenance in her neighborhood and provided pictures of this as well. ITEMS 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 second 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 10,1999 Page 1 Mr. Tobin Maples addressed this item. Mr. Maples stated that this was the second 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 first of the two(2)public hearings was held last evening ,August 9 and the second this evening, August 10, 1999. 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 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 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 second 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 remarks to three minutes. With no response,the Mayor then closed the Public Hearing. 3. Hold the second 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 second 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. Wylie City Council Minutes August 10,1999 Page 2 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 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 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 made a correction to the total acreage reflected. Annexation is for 2.911 acres of land rather than 1.089 acres. Mr. Maples stated that this was the second 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. The Mayor stated that the surrounding parcels were annexed in December of 1998 and Council agreed to provide sewer within 12 months. The Mayor stated that sewer provision is on schedule and should be complete by the first of October,according to City Engineer,Chris Holsted. 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 remarks to three minutes. With no response,the Mayor then closed the Public Hearing. 5. Hold the second 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 the second 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 stated that the city was in receipt of correspondence from the Mayor of Parker requesting that the City of Parker continue to serve water to the annexed area,should it be annexed into the City of Wylie. 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 remarks to three minutes. Ralph James,6918 Dove Creek-Parcel 177 Representing Dove Creek Homeowners Association Mr. James spoke in opposition to the annexations. Mr. James indicated that he represented the Dove Creek Homeowners and provided a handout from the Homeowners Association which included a letter and signatures from property owners opposed to the annexation. Mr. James identified his 38 acre tract as Parcel 177 on the map. Wylie City Council Minutes August 10,1999 Page 3 Mr. James stated that he understands the city's goal with regard to the annexations was to manage growth, however,all of the lots in the subdivision have been sold and he has no intention of selling his property. He stated that they do have deed restrictions and a Homeowners Association which results in a well managed area. He stated that he is satisfied with the Fire,Police and refuse service he currently is provided. He currently utilizes a septic tank and questioned Council as to how long it would be before the City would provide sewer service. He stated that his water is currently provided by the City of Parker and he is satisfied with this service. He asked for a time frame should the City take over providing water service. He advised Council that his road is a private road that is currently maintained with home owners dues and inquired as to city maintenance if annexed. Mr. James concluded that all home owners present were opposed to the annexation and supportive of what has been stated. They do not feel that control by the city is necessary because they are developed and asked that Council consider not annexing. Councilman Scott asked what the homeowners dues were used for. Mr. James stated that the dues were used only for road maintenance. Mike Whitcomb,4420 Whitcomb Way-Parcels 153, 154 and 155 Representing the Taylor Lane Homeowners Association Mr. Whitcomb spoke in opposition of the annexations. Mr. Whitcomb provided Council with an handout that included annexation concerns and the signatures of property owners in opposition of the annexation. Mr. Whitcomb applauded the desire of the city of Wylie to manage growth. He stated that he feels that the Homeowners Association has done a good job in managing growth. Mr. Whitcomb stated that they do have deed restrictions filed with the County in 1985 and detailed some specifics. Mr. Whitcomb stated that with regard to growth,they feel that their subdivision is built out,with the exception of five lots,one owned by the city of Parker and two are unbuildable. He stated that only two are suitable for building. Mr. Whitcomb stated that the services currently received from the Wylie Fire Department are excellent and that the services provided by the Sheriff,city of Parker water and private refuse service is good. He stated that heavy truck use causes severe damage to their road that is maintained by the Homeowners dues. He expressed concerns regarding continued maintenance should the city decide to annex. He concluded by stating that they feel their growth is managed well and that the city cannot provide services that will enhance their quality of life and that all Taylor Lane homeowners are opposed to the annexation and respectfully request that the city not approve annexation. Councilman Scott also asked Mr. Whitcomb what the homeowners dues were used for. Mr. Whitcomb stated that they were used solely for road maintenance and that they pay$120 per lot annually. Mr.Dawn Henry,4403 Parker Road-Parcel 161 Ms.Henry spoke in opposition of the annexation. She stated that they currently lease their property and it is used to raise livestock. She stated that they purchased this property in 1984 with deed restrictions, giving some specifics. She stated that they have made a living for 10 and one half years and enjoy the quality of life operating the land as a farm. She stated that she currently enjoys the services provided and has concerns regarding sewer services should the city annex. She thanked Council for taking the time to listen and asked that Council not annex their property at this time. Mr.Kurt Strange,7900 Parker Road-Parcel 171 Mr. Strange spoke in opposition to the annexation. He stated that he operates his business in compliance with all TNRCC regulations and makes improvements to enhance his property and keep clean. He stated that his refuse service charges a reasonable fee compared to what BFI may charge. Wylie City Council Minutes August 10,1999 Page 4 The Mayor stated that the intent of the Council is to protect the entryways to the city due to heavy criticism from the community. He stated that the F.M. 544 entryway is not attractive and it is their intent to control metal buildings and landscaping requirements and that this is the primary purpose of looking at these properties. He further stated that in November and December of 1998 several parcels were under consideration for annexation and though some properties were annexed, approximately 60% were not, therefore the property under consideration by Council is for consideration only and may not necessarily be annexed at this time. He concluded that commitment by the City has been fulfilled with regard to the Parker Road residents who were annexed in December of 1998 and that this Council will live up to its promises. Ms.Sharon K Benner,7960 Parker Road-Parcel 174 Ms.Benner spoke in opposition to the annexation. She read from specific sections of the city charter and service plan. She expressed her concerns regarding the service plan and asked when it was developed. Mr. Maples responded that it was developed prior to July 28, 1999. Ms. Benner read from Section C of the Service Plan, specifically Item No.2. She inquired as to whether there was sufficient city staff to inspect each home annexed. Mr. Collins and Mr. Maples explained that this references only new construction, unless code violations are evident in existing structures;code enforcement officers can enforce local ordinances and violations cited. Ms. Benner read from Section G of the Service Plan,specifically Item No. 1. City Manager Mike Collins addressed her concerns by stating that State Law allow a municipality to accept and maintain at the current level. Ms. Benner read from Item No. 4 of the same section with regard to street lighting. Mr. Collins addressed her concerns by stating that the Health and Safety Code allows,if it deems a health safety risk, authorizes the city to acquire easements to install lighting. Ms. Benner read from Section H, with regard to water service. She inquired as to what the connect charges would be. Mr. Collins explained that within the Wylie city limits we are serviced by three different water supply corporation whose boundaries are defined through Certificates of Need and Necessity. Mr. Collins explained that Council would have to determine whether the existing water system meets city specification; if it does that entity could continue to provide water. Ms. Benner read from Section I with regard to Sanitary Sewer provisions. Ms. Benner interpretation of the State Law is that land owners cannot be forced to pay for capital improvements unless agreed to by the land owner. Mr. Collins addressed her concerns by stating that the intent of this section is tell municipalities that there is opportunity to annex with septic system in place and accept operations. He continued that a separate section states that in the future if sewer was extended to 500 feet or less,the property owner is required to tie into the sewer system. There was some concern by Ms. Benner as to the interpretation of where the tie in would begin and the cost to fund the tie in. She was advised that the city has the option to work with property owners to extend sewer service,however the Mayor stated that they were not prepared to discuss this issue and that he had no authority to assure that the city would assist in this situation,but could stated that the possibility existed that she would have to fund sewer tie in. Sarah Benner,7960 Parker Road-Parcel 174 Ms.Benner had several questions that were addressed by the Mayor and City Manager. She asked whether the city had a plan to develop the entryways. The Mayor responded by stating that the city could not have an actual plan until the area had been annexed into the city. He added that once annexed,these areas the city would employ current codes for new building construction. Mr. Benner asked what those codes were. The Mayor and City Manager explained that the Codes were several books that define landscaping, screening,masonry requirements, roofing, parking, fire codes, electricity and plumbing requirements. He added that these codes would be applicable to new building construction or change in existing use. Councilman Swartz stated that years ago a rendering plant was operating within the city limits that contributed to odor and water contamination problems. He stated that it took several years before the business was closed and removed from the area. He stated that it is the desire of Council to protect and manage property that could be sold and developed unfavorably and that taxes collected will not impact the city, but certain types of development could. Wylie City Council Minutes August 10,1999 Page 5 Ms. Benner asked whether the city had enough staff to provide services. The Mayor addressed this by stating that if you asked city staff,they would say,no,they need more staff to provide better services. He reminded Ms. Benner of Mr.Whitcomb's remarks commending the Wylie Fire Department for their service and the proximity of Fire Station No.2 to their property. The Mayor stated that though the Station is not currently staffed full time, they are in the Budget process for the next fiscal year and budget and staffing concerns have not been determined. Ms.Benner asked about the fire response time. The City Manager responded that response time is approximately 10-12 minutes. He added that a current interlocal agreement with the County allows the City to be reimbursed $45 per fire call; actual costs for the Wylie Fire Department to respond can range from $800 to $1,200. He concluded by stating that mutual aid can involve many surrounding cities and is applicable to both fire and police protection. Mr.Matt Butschek, 1755 FM 1378-Parcels 128 & 129 Mrs.Katherine Butschek Ms. Butschek spoke in opposition to the annexation of her property. She restated the comments and concerns from last evening public hearing and gave a brief description of the surrounding property and potential for development. She feels that the city cannot offer anything in return for their tax dollars. She stated that the taxes collected may not make or break the city budget,but it is still money out of their pockets that they could use on property improvements. She stated that she does not want the City to rush through the annexation process just to meet a deadline. Mr. Butschek spoke in opposition to the annexation of his property. He stated that all property owners are opposed to the annexation. He feels that this annexation is something that the city cannot afford to handle at this time and that September 1, 1999 is driving the annexation. He stated that before the City makes a decision to annex they should be able to provide services and that this process is premature. He stated that the property owners feel that the City should wait and take their time. He stated that SB89 is the voice of the people and the City needs to accept this,however,should the City decide to annex,they need to be prepared to provide services within a proper amount of time. He added that property owners are working with the City to protect their property. Mrs.Butschek asked with regard to sewer,if costs could be pro-rated,to which the Mayor responded that the possibility exists. Mr Bill Hallis,7940 E Parker Road,Parcels 172 & 173 Mr.Hallis stated that he did have opportunity to visit with the Mayor and Council after last evenings meeting and would like to continue discussions in more detail. Mr.John Benner,7960 E Parker Road-Parcel 174 Mr.Benner spoke in opposition to the annexation of Parcel 174. Mr. Benner stated that he was taught that the Government is for the people by the people and that he feels that his rights have been taken away with the annexation of property. He asked that Council not annex his property, as he can see no benefits. With no further response,the Mayor then closed the Public Hearing. 6. Hold the second 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. 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 remarks to three minutes. With no response,the Mayor then closed the Public Hearing. Wylie City Council Minutes August 10,1999 Page 6 Consideration of a Resolution 7. Consider and act upon a Resolution supporting Rail Watch and its efforts to educate the public about railroad safety. City Manager, Mike Collins addressed this item. Mr. Collins stated that the Resolution before Council is to support Rail Watch's efforts to educate the public about railroad safety. Mr. Collins stated that the original sample that had been provided to staff contained language that they felt needed to be amended. The language allowed Rail Watch to use the City of Wylie name in support of specific issues without first confirming support from the City of Wylie. City staff did wish to recommend support of educating the public on rail safety. Council members Scott,Worley,and Young expressed a concern with regard to our agreement with Kansas City Southern(KCS)and inquired as to whether KCS was aware of Council's consideration of this resolution. City Manager Mike Collins stated that they were not. Council agreed that they were in support and would as an entity promote rail safety,however,they were hesitant to consider approval of the Resolution if it could cause problems with the agreement between the City of Wylie and KCS. Councilman Scott made a motion to deny,but with instruction to staff to reconsider at the first regular meeting in January of the year 2000. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Tax Rate 8. Consider and act upon accepting the proposed Ad Valorem Tax Rate and calculation of an effective Tax Rate for Fiscal Year 1999-2000. Mr. Brady Snellgrove, Finance Director, addressed this item. Mr. Snellgrove explained that when a proposed rate will raise more revenue than the preceding year,a public hearing must be scheduled. A vote must be taken and the results published in the Wylie News in a notice entitled"Notice of Public Hearing on Tax Increase. Mr. Snellgrove explained that in accordance with the"Truth in Taxation"laws of the State of Texas,notices must be published and a public hearing must be held if an entity's proposed tax rate will raise more revenue(tax levy) than the preceding year. Therefore,the City is required to vote on the proposed tax rate and publish the results of the roll call vote at least seven(7)days prior to the first scheduled public hearing on August 31st. He stated that the purpose of the first public hearing is to give the taxpayers an opportunity to express their views on the increase and that the Council may not adopt the tax rate at this hearing; instead,at the end of the hearing,it must set and announce the date,time,and place of the meeting at which it will vote on the final proposed tax rate. Mr. Snellgrove stated that the second public hearing is scheduled for September 14th to vote on the tax rate. It is required that this hearing must take place no less than three(3)days and no more than fourteen(14)days after the first public hearing. Mr. Snellgrove stated that the proposed budget is based on the proposed tax rate of$0.70 per$100 valuation., and is within the rate previously discussed by Council. He stated that any change in the proposed rate will require revision of the proposed budget. Councilman Scott made a motion to accept the proposed Ad Valorem Tax Rate and calculation of an effective Tax Rate for Fiscal Year 1999-2000. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-1. Councilman Trout voted in opposition. Wylie City Council Minutes August 10,1999 Page 7 Agreement 9. Consider and act upon approval of an Agreement between the City of Wylie and the Kansas City Southern regarding the relocation of sewer lines. City Manager,Mike Collins addressed this issue. MR. Collins stated that in January of 1999 the City of Wylie and KCS entered into an agreement which called for the removal of a portion of the KCS track along S.H. 78 and for the construction of a new track connection through the City's Service Center Annex property. In order to construct this connection,it will be necessary to relocate the sewer lines on this property. Mr. Collins referred to the proposed agreement by KCS. The financial agreement sets out that KCS will pay to the City the lesser of $100,000 or 29%of the total cost of the replacement and relocation of the sewer line at closing. Councilman Swartz made a motion to approve the agreement between the City of Wylie and the Kansas City Southern regarding the relocation of sewer lines. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. Citizens Participation The Mayor then recognized and allowed individuals who missed the opportunity to speak earlier to come forward and address Council. Mr.Sanchez,Wylie Ranch Estates Mr. Sanchez expressed is concerns regarding the sewer and drainage work recently completed in the Wylie Ranch Estates subdivision. He stated that after recent rain his drainage problems appears to be worse than before. He stated that the assessment fee is due,however,he feels that the drainage issue was not properly addressed. City Manager Mike Collins explained that during the 2-3 month process a series of meetings were conducted with the property owners and city staff to address sewer and drainage issues. Mr. Collins stated that with regard to drainage issues,they would only improve but not solve the problems. He stated that each property owner's cost would have been specific; therefore, it was decided to divide equally the cost to improve and spread cost. Mr. Collins stated that they would look at his situation and determine a remedy. Mr. Chris Hoisted,City Engineer,advised that minor improvements could be made to the property at Council's direction. Mr. Holsted agreed to meet with Mr. Sanchez the following morning to discuss a remedy to his situation. Mr.James Russell,929 Heatherwood Mr. Russell expressed his concerns for the lack of code enforcement with regard to high grass and weeds on property currently under construction by D.R. Horton and Lexington Homes. He stated that he has made numerous calls to city staff with no response. Mr. Tobin Maples,Planning Director stated that the enforcement of city codes has been for voluntary compliance and by not issuing building permits until compliance is obtained. The Mayor and Council instructed Mr. Maples to issue citations in order to address code violations. Executive Session The Mayor then adjourned into Executive Session in accordance with Chapter 551, Government Code,Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.072,Deliberation Regarding Real Property. Wylie City Council Minutes August 10,1999 Page 8 Reconvene into Open Meeting There was no action taken as a result of the Executive Session. Adjournment. With no further business to come before Council the meeting was adjourned. Jo ondy,Mayor Attest: ara A. Sa • s, City cretary l F y. ilk T.d 11E ddf iP� y � Ali Wylie City Council Minutes August 10,1999 Page 9