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10-22-2002 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 22, 2002 — 6:0 0 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout.Councilman Joel Scott was absent. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director;and Barbara Salinas,City Secretary. Mark Forrest,Murphy Road Baptist Church was present to provide the Invocation. Councilman Worley was asked to lead the Pledge of Allegiance. None. A. Approval of the minutes from the September 24,2002 Regular City Council Meeting. B. Consider and act upon a Final Plat for the American National Bank Addition,generally located south of State Highway 78 and west of Birmingham Street, being all of a certain 2.517 acre tract of land, described in a deed to American National Bank as recorded in Collin County Clerk's File No. 93- 0077335,and being part of Lot 1 and all of Lots 2,3,4,5,and 6,Block 5 of the Calloway Addition,and being certain tracts of land conveyed to Wylie Independent School District by deeds recorded in Volume 333,Page 48,Volume 335,Page 118,Volume 337,Page 17,Volume 337,Page 19,Volume 337, Page 21 and Volume 333,Page 160,of the Deed Records of Collin County,Texas,and being situated in the S.B.Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Wylie High School Addition,generally located south of F.M. 544 and east of Country Club Road, being all of a certain 158.407 acre tract of land, Lot 1 being a 78.341 acre tract as described in deeds to the Wylie Independent School District as recorded in Collin County Clerk's File Nos. 95-0012336 and 95-0042766,and Lot 2 being a 80.066 acre tract as described in a deed to the City of Wylie as recorded in Collin County Clerk's File No. 95-0012334, and being situated in the L Clifton Survey, Abstract No. 193,the J.W. Curtis Survey, Abstract No. 196, the M. Milliron Survey, Abstract No. 563, and the D. Strickland Survey, Abstract No. 841, City of Wylie, Collin County,Texas. Councilman Hogue made a motion to approve Consent Agenda Items A, B and C. Councilman Trout seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Scott was absent. Tabled Item 1. Consider and act upon approval of an Ordinance releasing approximately 14.78 acres of land from the Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County,being located northeast of the Troy Road intersection with Vinson Road, being situated within the L. B. Outlaw Survey,Abstract No. 173,Rockwall County,Texas. Minutes—October 22,2002 Wylie City Council Page 1 Councilman Trout made a motion to remove Item 1 from the Table. Mr. Thompson addressed this item providing Council with a background on the request. He stated that the item was tabled at the October 8, 2002 City Council Meeting. The subject property is the northwestern portion of a larger 19.456 acre tract which is currently located entirely within unincorporated Rockwall County, but is also within the Extraterritorial Jurisdiction of three separate municipalities. The subject 14.78-acre tract abuts the City of Wylie corporate limits within Troy Road and is within Wylie's Extraterritorial Jurisdiction, and is therefore subject to the platting regulations of the City of Wylie. The eastern 3.3 acre portion of the property,fronting on to the City of Dallas and Lake Ray Hubbard shoreline, is within the City of Rowlett Extraterritorial Jurisdiction,and subject to the Rowlett platting regulations. A 1.3 acre strip, a 100 feet wide utility easement dissecting the property diagonally from southwest to northeast, lies within the City of Garland corporate limits and is occupied by the Garland Power and Light (now TU-Electric) electric transmission lines and is otherwise undevelopable. The current and prospective future owners desire to develop the total 19.456 acres for single-family residential uses and according to the regulations of a single governmental jurisdiction rather than the current three differing jurisdictions and regulation. Initially desiring to annex the entire 19.456 acre tract into the City of Wylie for such common development control, the owners sought release to Wylie's jurisdiction of those portions within Garland and Rowlett control and both Garland and Rowlett have agreed to release their respective jurisdictions. However, development potential is very limited within the GP&L(TU-E)electric transmission line and this easement cannot be relocated. Property owners have now requested that the City of Wylie release the 14.78acres from its Exterritorial Jurisdiction so that the entire 19.456 acres can be consolidated under the regulatory jurisdiction of Rockwall County.The City of Wylie collects no tax revenues or service charges from the subject property,and no such revenue is available to the City unless and until the property is annexed in to the City. Mr. Thompson asked for policy direction from the Council. Mr. Phil King, 6032 Ridgewater, Dallas Texas was present to address questions and concerns of Council. Mr. King stated that he has had this property for approximately one and one half years and asked Council to look at the request on the merits of hardship of development. He stated that if he remains in Wylie, he has concerns with Wylie services and asked that we consider disincorporation to allow development. He explained the hardship as non-provision of utilities. Staff advised that services could be provided within the five-year window. The Mayor then questioned the issue as perhaps with Rowlett rather than the City of Wylie if Rowlett is willing to relinquish and Garland is willing to move the line. The applicant requested that the Council table the request to allow a future presentation of the vision for the entire property. The Council agreed that they would prefer to have confirmation from the City of Rowlett before taking any action on this item. Councilman Young made a motion to table Item No. 1 to the first regular meeting in January, 2003, with the stipulation that documentation is provided from the City of Rowlett. Councilman Trout seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Scott was absent. 2. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire,by purchase or condemnation,certain property;giving notice of an official determination to acquire property for the Rush Creek force main project; establishing procedures for the acquisition,by purchase or condemnation,of property. Ms. Manson addressed this item providing a brief background on the intent of the Resolution. She stated that the construction on the Rush Creek force main project would begin in the next few weeks.The City has been unable to acquire one of the easements necessary for construction. The easement is adjacent to the Rush Creek lift station and located on property owned by Bozman Land Partners,Ltd. The resolution will authorize the City Manager to proceed with condemnation if necessary to acquire the easement in order to move forward with the project. Minutes—October 22,2002 Wylie City Council Page 2 Councilman Trout made a motion to approve the Resolution of the city council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Rush Creek force main project; establishing procedures for the acquisition, by purchase or condemnation, of property. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,6-0. Councilman Scott was absent. 3. Consider and act upon approval of an Ordinance establishing water-zoning regulations for the area of Lake Lavon within the corporate limits of Wylie. Police Chief Jeff Butters addressed this item. The purpose of this ordinance is to adopt the federal water zoning regulations established by the Water Safety Act. These water-zoning regulations are already in effect on Lake Lavon and are enforced by the Army Corp of Engineers.The Regional Texas Parks and Wildlife Commander has requested that the City of Wylie adopt these water-zoning regulations so that Texas Parks and Wildlife Officers can enforce the regulations as well. Because these are Federal Regulations the State officers must have the Local Governing Body adopt the regulations before they can enforce them. Collin County has adopted the water zoning regulations for the areas of Lake Lavon that are not in the City of Wylie. Councilman Trout made a motion to approve the Ordinance establishing water-zoning regulations for the area of Lake Lavon within the corporate limits of Wylie. Councilman Worley seconded the motion. A vote as taken and the motion was approved,6-0. Councilman Scott was absent. :::.. <:: V : With no further business to coo fditli 5 ouncil,the meeting was adjourned at 6:2 . • oh ondy,Mayor • ATTEST: • ii 5' k City Secretary( Minutes—October 22,2002 Wylie City Council Page 3