After approval of the September 20th and October 4th meeting minutes, City Council allowed for individual consideration in regards to holding the second of two public hearings to consider the proposed annexation of tracts of land, being part of the Isaac Herring Survey, containing 18 acres of land, located on North Murphy Road (FM 2551), north of McWhirter Road; two parts of the Mary Scott Survey, one containing just under 5 acres of land located on Dublin Road, north of FM 544 and the other containing 17 acres of land, located on Heritage Parkway, north of FM 544; as well as a part of the Daniel Herring Survey, containing just over 12 acres of land, located on Moonlight Drive, east of South Murphy Road. The first to address council was Mr. Thomas James. Mr. James expressed concern about his property, one of two parts of the Mary Scott Survey, being annexed and explained the financial burden as it pertained to the connection between the sewer and water. Although no action was taken, discussion to clarify the City’s responsibility for sewer and water lines and where those water lines would be located took place. Assistant City Manager Bickerstaff explained that the City is responsible for extending or providing the lines to the extraterritorial jurisdiction line of the property. Mr. Todd Spencer and Mr. Don Kiertscher addressed Council regarding parts of the Daniel Herring Survey proposed for annexation. Mr. Spencer explained that he is in the process of building a home on property, and simply requested not to be annexed by the City; while Mr. Kiertscher clarified that he lives in lot five, adjacent to the property proposed for annexation. He stated that this property is landlocked by residential development and that he didn’t see any reason for the annexation. No action on these items were taken, however clarification on emergency services was rendered by Chief Lee on behalf of the Fire Department and Chief Cox on behalf of the Police Department. Mr. Dale Johnston addressed Council regarding the second part of the Mary Scott Survey, stating that the Public Notice was misleading and that he intends to continue using the land for agricultural purposes and noted House Bill 1472 which requires a development agreement rather than annexation for land that is designated for as agricultural exemption, timber management, or wildlife management. Mr. Johnston asked how, or if this applies in the current situation. There was no Council action on this item. Moving forward, Councilmember Bradley moved to approve a resolution declaring expectation to reimburse expenditures up to $750,000 with proceeds of future debt and Councilmember Halbert seconded the motion; passing with Mayor Baldwin absent. Council also determined that Staff will meet with Sign Plazas, Inc. and converse a resolution to the issues involving payment, inconsistency in signage, advertising for locations outside of Murphy and logo change issues. An open discussion was held regarding proposed changes to Chapter 28 “Development Standards” of the City of Murphy Code of Ordinances. Although no action was taken, Councilmember Halbert did ask for clarification concerning special permit signs verses sale/lease signage for commercial property and she would also like to see a formula used for transitional fencing; as well as some language added regarding providing recycling storage for commercial properties to encourage businesses to recycle. Assistant City Manager Bickerstaff reminded Council to continue sending questions and comments, as Mayor Pro Tem Daugherty stated he had done. This item is scheduled to go to the Planning and Zoning Commission in November and to Council in January. Gary Hendricks, City Engineer, addressed Council explaining the significant drainage issues surrounding McCreary Road, stating that correcting the issues would require an additional $200,000 above the $1.2 budgeted for the McCreary Road project. Mr. Hendricks stated that the City is working with the City of Wylie and awaiting their response to a proposal to resolve the drainage issues by working together and utilizing Wylie’s system. The City Manager/Staff Reports included mention of upcoming events, updates concerning the Rodeo Elevated Storage Tank and the North Hill Park Grand Opening Celebration. Financials were reported by Linda Truitt, Financial Director, and Construction Projects Updates were reported by Kim Lenoir, Community Services Manager. Questions around financials included how many single family home permits were projected in the FY2011 budget and if the FY2010 budget expenditures would remain at 90% of budget. Ms. Truitt reported 50 single family home permits were projected and also reported expenditures would be slightly higher than 90%. Clarification in the Council Meeting included Councilmember Halbert explaining that the Park Escrow Fund would be reduced for the Skyline Park escrow monies. Ms. Lenoir reported 100% of what was budgeted was indeed used for Travis Farm Park as well as noted that a change order was issued in regards to the Windy Hills Sewer Lift. She also addressed landscape concerns on Heritage Parkway stating that she will be contacting the contractor to correct the issues. Afterwards, Councilmember Bradley requested to clarify the vote on Item 5. He stated that Councilmember Brandon did not actually vote on the item because he was trying to amend the motion. Councilmember Bradley asked to give Councilmember Brandon an opportunity to vote on the item if he chose to; however Councilmember Brandon declined and stated he was fine with the results of the vote being stated as unanimous.
On October 19th residents of Willow Wood Ranch Estates along with Mayor Bret Baldwin and Assistant City Manager Jeff Bickerstaff participated in a special meeting to discuss the proposal to pave Maxwell Creek Road and possibly closing Tom Clevenger. The meeting allowed for Mr. Bickerstaff to present information regarding part of a $6mil City Approved Bond designated for street improvements, including rehabilitation to existing streets as well as asphalt restoration. The current plan allows for the existing asphalt on Maxwell Creek to be mixed with the existing sub grade and then resurfaced with new asphalt. The plan should only take approximately thirty days and does not include new drainage or widening of the road. Mr. Bickerstaff also shared plans for development around City Hall that includes a major City Park, although this part of the plan has not been approved. Mr. Bickerstaff wanted residences to know that the City is trying to address both long and short term goals. Concerns from the residents included property value; as well as whether or not the City needed yet another park but ultimately seemed comfortable with the approved upcoming project. The decision to close Tom Clevenger has not yet been determined.
The Planning and Zoning Commission met on Monday, October 25th to review agenda items that may potentially affect both a single family property as well as a retail property in Murphy. After consideration of the Construction Plat for Rolling Ridge Estates, Phase 6 on property zoned Planned Development, District No. 04-01-599 and No.04-09-622 for Single Family Uses; the Planning and Zoning Commission moved forward in recommending for approval. The Commission will present to City Council November 15th. This property is located at the northwest corner of West Betsy Lane and Oriole Drive. O’Reilly Automotive has requested an amendment to Planned Development District No.09-12-825 for Retail and Office Uses on property located on East FM 544 just west of McCreary Road. A public hearing originally scheduled for Monday, October 25th has been postponed. The public hearing will be held on November 22nd.
The August 16th City Council meeting covered a variety of items including the proposed City of Murphy 2010-2011 fiscal year budget and a proposed tax rate increase. During a public hearing Mr. Roger St. Martin addressed the budget with questions regarding percentage of reserve funds, stating, “You are the citizens’ first line of defense.” Mr. St. Martin also requested projecting revenues within the 5 year plan. In addition, Mr. Gus Delaloye commented on the proposed budget. He has been a Murphy resident for over 30 years and asks, “Is the city looking at electric efficiency?” Mr. Delaloye provided personal examples of how he has managed to cut his own electricity bill in half and recommends the city implement an energy efficiency plan for the municipal complex. Voting will take place Monday, September 20 at 6:00 p.m. for the City of Murphy fiscal year 2010-2011budget and the proposed tax rate of $0.5817 per $100 valuation.
Mayor Baldwin opened a public hearing with no comments submitted regarding consideration and/or act upon approval of an ordinance amending Chapter 22, Article II of the City of Murphy Code of Ordinances, regarding regulations pertaining to sexually oriented businesses. The hearing was closed with a motion to reconsider on the September 7th Council Meeting.
Council reviewed the 2010 Park and 4B projects with no action on this item and will submit their comments and priorities for the Park and 4B Board to consider at a future date.
Councilmember Daniel moved to approve an ordinance extending the hours of sale for alcoholic beverages to 2 a.m. Councilmember Halbert seconded the motion. A vote was taken and passed, 4-3 with Mayor Baldwin, Council member Richmond, and Councilmember Brandon voting in opposition.
Other items passed during the August 16th meeting include authorizing the City Manager to execute a contract not to exceed $475,000 to J & K Excavation for repairs to the Windy Hill Farms Lift Station. Councilmember Bradley moved to approve as presented. Councilmember Daniel seconded the motion and it passed 6-1 with Councilmember Halbert voting in opposition. Councilmember Daugherty moved to approve a resolution designating the Murphy Monitor as the official newspaper with the Dallas Morning News as secondary. Councilmember Richmond seconded the motion, passing 7-0. Councilmember Bradley moved to approve an ordinance ordering a Special Election to be held on November 2, 2010 to amend the City Charter with Sections 5, 6, and 7 of the ordinance to be amended with polling locations, early voting information, and required notifications; and to direct the City Secretary to make and publish all required notices. Councilmember Daugherty seconded the motion. Councilmember Halbert moved to amend the motion to remove Proposition 4, regarding the election cycle for councilmember places, not including subsection Councilmember Daniel seconded the motion. This passed 5-2 with Mayor Baldwin and Councilmember Richmond voting in opposition. A vote on the main amended motion was taken and passed, 7-0.
City Manager Fisher reported on the McMillen Road paving project informing council that the title searches are complete on determining public/private road. Maxwell Lane is not public road. Bids will be on the upcoming agenda along with the Ethics and Governance Policy. Finance Director Linda Truitt presented the July Financial report. Community Services Manager Kim Lenoir presented the Construction/Capital Projects update.
City Council held a closed Executive Session to discuss economic development negotiations regarding commercial or financial information that the governmental body has received from a business prospect; as well as to consultation with City Attorney regarding pending litigation or contemplated litigation or settlement offer involving Michael Cantrell v. City of Murphy, et al., Cause No. 6:09-cv-225 and the pending litigation or contemplated litigation regarding notice of claim from Johnny Boles.
Other closed session discussion included deliberation regarding real property and an evaluation of the Municipal Judge, City Prosecutor, City Secretary and the City Manager. There were no votes or action taken in Executive Session. Once Council reconvened into regular session, Councilmember Daugherty moved to set the City Secretary’s salary for the fiscal year 2011 to $77,000.00, Councilmember Richmond seconded the motion and it passed, 7-0. Councilmember Daugherty moved to set the City Manager’s salary for the fiscal year 2011 to $133,000.00, Councilmember Richmond seconded the motion and it passed, 7-0.
The next city council meeting will be held on Tuesday, September 7th due to Monday the 6th being a holiday.
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