02-13-2007 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, February 13, 2007 —6:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor
Pro Tern Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Rick
White and Councilman Earl Newsom. Councilman Merrill Young was absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City
Engineer, Chris Hoisted; Finance Director, Larry Williamson; Fire Chief, Randy Corbin; Public
Services Director, Mike Sferra; Planning Director, Renae' 011ie; Public Library Director, Rachel
Orozco; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various
support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Pastor Kris Segrest of the First Baptist Church gave the Invocation and Boy Scout Pack 304;
Den 10 led the Pledge of Allegiance.
PRESENTATION
• Recognition of Franqee Higgins receiving the National Association of Home
Builders President's Award
Wylie Building Inspector, Franqee Higgins was recognized by members of the Wylie City
Council, City Administration and Building Department staff for receiving the National Association
of Home Builders President's Award for his work with Job Corps through the sponsorship of
HBI.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
There were no citizens present to address Council during Citizens Comments.
Minutes—February 13, 2007
Wylie City Council
Page 1
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of Minutes from the January 18, 2007 Joint
Meeting of the Wylie City Council and Wylie Economic Development Corporation,
Minutes from the January 23, 2007 Regular City Council Meeting, and the Minutes
from the February 6, 2007 Special Called Work Session. (C. Ehrlich, City Secretary)
B. Consider, and act upon, award of a contract to Starnes Plumbing for the
replacement of lateral sewer lines on designated residential properties within the
City. (M. Sferra, Public Services Director)
C. Consider, and act upon, approval of an agreement between the City of Wylie and
The Dallas Morning News for a 12 month period for the purpose of employment
recruiting advertising. (L. Fagerstrom, Human Resources Manager)
D. Consider, and act upon, awarding a bid, in the amount of$13,303.00, to A New Deal
Irrigation for the installation of an irrigation system at Olde City Park. (M. Sferra,
Public Services Director)
Council Action
A motion was made by Councilman White, seconded by Councilman Byboth to approve the
Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Young
absent.
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider, and act upon, amending zoning from SF-10/24
to SF-10/24 with Special Use Permit (SUP) for a Telecommunications Tower to be
located generally at the northeast corner of Stone Road and Akin Lane. ZC 2006-
19. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the applicant is proposing to construct an 80-foot
tall tower and incorporate telecommunications antennas and equipment on a 900 square foot lease space
located southeast of the existing church building. The subject property is located on the northeast corner
of Stone Road and Akin Lane and is zoned SF-10/24. Since the mid-1960s, First Christian Church of
Wylie has occupied the 3.3 acre tract. Properties north, south, east and west are zoned SF-10/24 and
has been developed for single family residential uses.
She reported that this request complies with all sixteen (16) provisions of Article 5, Section G. 14, (e)
regulating telecommunication towers. At the January 16, 2007 Planning & Zoning Commission meeting,
the Commission voted 3-2 to recommend approval of Zoning Case 2006-19.
Minutes—February 13, 2007
Wylie City Council
Page 2
Applicant Comments
Dave Kirk representing T-Mobil 3708 Bishop Hill, Carrollton addressed Council with a brief presentation.
Mr. Kirk explained that the proposed tower would be enclosed in a structure made of material close to the
design of the church. He showed pictures of other constructed towers in the area that had this type of
design. He explained that the reason for choosing this location was based on the amount of calls
regarding coverage in this area. He explained that the tower needed to be in direct proximity to the area
needing the additional coverage. He showed a map depicting where communication towers were within
the City and the distance of coverage for each tower. He stated that the Wylie Ordinance controlling
distance between towers was very good. He reported some statistics regarding cell phone usage (220
million cell phone users)and minutes use in the first 6 months of 2006 were 857 billion.
Public Hearings
Mayor Mondy opened the public hearing at 6:20 p.m. (ZC 2006-19)
Alicia White residing at 814 Forest Edge Wylie Texas addressed Council stating that she was
against the installation of an 80 foot tower located at the church site. She explained that her
objection was based on the size of the church in comparison to the tower which was three times
higher. She explained that this would set precedence for all neighborhoods and it was not in
compliance with the high standards Wylie leaders were trying to maintain. She suggested
placing the tower near a school building or city property.
Natalie Escajeda residing at 504 Candlewood Ct. Wylie, Texas addressed Council stating that
her backyard was in direct view of the church. She was opposed to the tower being placed at
the church because of the difference in proportion to the church. She also explained that her
backyard had no fence to obstruct any portion of the tower.
Harold Hembree, Pastor of First Christian Church addressed Council stating that he was in
favor of the tower. He stated that the proposed tower would not set precedence. He mentioned
several existing towers in the Wylie area which were constructed without a building enclosure
that were sixty to ninety feet in height and were located in close proximity to
residential/commercial areas with homes ranging in price from $300,000. to $500,000. He
reminded Council that this tower was requested to be placed in the immediate area for coverage
and would not hamper anyone in the neighborhood from outdoor recreation at their residences.
He stated that T-Mobil in conjunction with the church were rendering a service the community
demands and deserves.
With no other citizens wishing to address Council during the public hearing, Mayor Mondy
closed the public hearing at 6:33 p.m.
Council Discussion
Mayor Mondy stated that he had a problem with a not-for-profit organization being involved with revenue
generating business and the property not being on the tax roll. Mr. Kirk explained to Council that a
portion of the contract signed with the land owner designated that any additional property tax would be
paid by T-Mobil. Mayor Monday stated that he did not believe the church was required to pay property
tax as a not-for-profit organization. Mayor Mondy explained that he would like to see the City Council do
a fee similar to the City of Keller. He reported that in the City of Keller, a fee is charged for cell phone
towers with the understanding that the towers take away from the environment and beauty of the
landscape. He reported that the fee charged to the companies approved for the placement of a tower
installation were then used for statuaries and other art structures to enhance the beauty of the city. "I
believe if we are going to be taking away from the aesthetic value of the City, we should be putting
something back in". Councilman Byboth stated that he was well versed in the tower business. He
reported that he had looked at the tower mentioned at 190 and Garland Road and felt it was a good
Minutes—February 13, 2007
Wylie City Council
Page 3
looking tower. He stated that he did have a problem with a not-for-profit organization leasing a tower to a
for profit organization. "This City is inundated with tax exempt property". Mayor Mondy explained that
17% of Wylie property is owned by the North Texas Municipal Water District and 20% by Wylie lSD and
another 17%-20% of City owned property, that takes a lot of taxable property off the tax rolls.
Councilman Byboth explained that this put the tax burden on those with taxable property. He explained
that when he ran for office he ran on the promise to reduce the tax burden on tax paying residents. He
asked that a compromise be met, stating that it was the principal of the issue to pay taxes or other fees
for revenue generating property. He stated that he wanted the church to benefit but also the citizens in
Wylie. Mayor Mondy asked if the item should be tabled to allow time for an Ordinance to be put in place
regarding proposed fees for towers. Mr. Kirk asked if the proposed ordinance would cover all cell towers
and not single out any one company. Mayor Mondy stated it would.
Finance Director Williamson advised Council that there was a program that many state and local
governments used that was called a Pilot Payment (payment in lieu of taxes) that enabled cities to
receive a fee (Pilot Payment)at the front end in lieu of property taxation when the property is taken off the
tax rolls. These funds could be placed in a city fund; once an ordinance was passed regulating what the
funds would be used for, those funds could be spent. In this way the church retains the lease and the
property is not simple deeded to the owner of the tower but rather a fee is paid to compensate for loss of
tax revenue. Councilman Byboth asked if Council could make a motion that includes a caveat for a fee
once the ordinance and fee were set. Mayor Mondy suggested tabling the item for a couple of weeks to
structure an ordinance. He stated that he liked the Pilot Program concept. Councilman White asked why
the cell towers could not be place on existing water towers, electrical line equipment and other existing
structures, rather than creating new structures in residential areas. He explained that more and more
cities were placing these towers on existing water facilities which the City had currently within the
proposed area. Mr. Kirk addressed Councilman White's concern and explained that the first process T-
Mobil performed was looking at existing structures for tower placement. He stated that in this particular
case there were no structures close enough to the area needing coverage. Mr. Kirk stated that he
believed the tower could be placed at 70 feet rather than the proposed 80 feet if this was necessary to
satisfy concerns addressed. Councilman White replied that it would be much easier for the residents in
the area to swallow a 50 to 60 ft. tower than a 70 to 80 ft. tower. Mr. Kirk responded that after the
Planning and Zoning meeting he had contacted the engineers to see what the bare minimum would be for
the proposed tower and they reported that the minimum would be 65 feet to get any coverage. He stated
that without this minimum it would not be worth building. Councilman White stated that he would like to
see this tower be no higher than 50 feet. Councilman Hogue stated that he was not in favor of towers
being placed in all residential locations. He explained that last year there was an application for a tower in
one area that had many trees and the tower was not exposed to a great extent; then another tower
application had the placement in clear site. He explained that he had driven by several churches that had
the tower installations and he was not in favor of the proportion of this tower to the height of the church.
Councilman Newsom stated that he had concerns about placing a caveat on any approval with the
regulations and fees associated with the ordinance unknown. He also stated that he had some of the
same concerns Councilman White had regarding the height or the tower. Mayor Mondy asked T-Mobil
representative what the value was of a tower in total. Mr. Kirk replied that it was somewhere between
$150,000. and $200,000. but he did not have the breakdown of personnel to materials and other items
factored into that cost estimate. He stated he did believe the personnel cost was a small portion of the
cost.
Council Action
A motion was made by Councilman Byboth seconded by Mayor Pro Tern Porter to approve
Zoning Case 2006-19 amending zoning from SF-10/24 to SF-10-/24 with a Special Use Permit
(SUP)for a Telecommunications Tower to be located generally at the northeast corner of Stone
Road and Akin Lane with the caveat that we make some kind of Pilot Program for tax recovery
of ad valorem taxes for the footprint of the site. A vote was taken with Mayor Mondy, Mayor
Pro Tern Porter and Councilman Byboth voting for and Councilman White, Councilman Hogue
and Councilman Newsom voting against. Councilman Young was absent. Zoning Case 2006-19
was denied due to the lack of a majority vote.
Minutes—February 13, 2007
Wylie City Council
Page 4
General Business
2. Consider, and act upon, Ordinance No. 2007-03 amending Section 18.00 (Library
Fees) of Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule
Ordinance). (R. Orozco, Library Director)
Staff Comments
Library Director Orozco addressed Council stating that the Rita and Truett Smith Public Library is
updating its Fines and Fees Schedule to include items previously not on the schedule and to amend and
update existing ones. The goal is to find a balance between the length of check-out per items and the
availability of items for the general public. Policies are designed to make the best possible use of the
library's collection by the greatest number of individuals.
Council Action
A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve
Ordinance No. 2007-03 amending Section 18.00 (Library Fees) of Ordinance No. 98-16
(Consolidated Fees and Charges/Fee Schedule Ordinance). A vote was taken and passed 6-0
with Councilman Young absent.
3. Consider, and act upon, authorizing the City Manager to execute an agreement with
U.S. ROW for right-of-way acquisition services for the FM 1378 Paving Project. (C.
Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed Council stating that $3,000,000 was funded in the 2003 Collin County
Bond Program and $9,700,000 was funded in the 2005 City of Wylie Bond Program for improvements to
FM 1378 from Brown Street to Parker Road. Collin County funded the engineering for the project and the
remaining county funds will be used for construction. City bond funds will be used for the right of way
acquisition and for construction. Councilman Newsom asked Mr. Hoisted, based on the amount of right-
of-way we acquire each year; and it will be more in the years to come, is using an outside consultant the
most cost effective way to do this. Mr. Hoisted replied that there was this project and two additional
projects left on the 2005 Bond issue. He explained that the acquisition of right-of-ways was very
specialized; using a consulting firm gives the City not only the expertise of the project manager but the
entire staff of the firm. Councilman Newsom then asked if it would not be better to have a person on staff
to perform these services and work for other departments. City Manager Manson replied that although
the City had a lot of right-of-way acquisitions coming up, it did not warrant a full time staff member.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman White to authorize the
City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for
the FM 1378 Paving Project. A vote was taken and passed 6-0 with Councilman Young absent.
4. Consider, and act upon, authorizing the City Manager to execute an Engineering
Services Agreement, in the amount of $527,850.00, with RLK Engineering for the
design of the expansion of Brown Street from SH 78 to Stone Road. (C. Hoisted,
City Engineer)
Minutes—February 13, 2007
Wylie City Council
Page 5
Staff Comments
City Engineer Hoisted addressed Council stating that the 2005 City of Wylie Bond Program identified
$6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete
pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue
included $900,000 for engineering and right-of-way acquisition for this project. The City's current
Thoroughfare Plan does not show a future expansion of the roadway; however, with the projected
increase in traffic volume due to the recent development of the new WISD High School and the future
elementary school site at Springdale Way, an expansion will be necessary.
Council Action
A motion was made by Councilman Byboth, seconded by Councilman Newsom to authorize the
City Manager to execute an Engineering Services Agreement in the amount of$527,850.00 with
RLK Engineering for the design of the expansion of Brown Street from SH 78 to Stone Road. A
vote was taken and passed 6-0 with Councilman Young absent.
5. Consider, and act upon, approval of a request from JD Landes, Inc. to eliminate the
detention pond for the Verizon Reporting Center and Warehouse development at
the intersection of Brown Street and Eubanks Lane. (C. Holsted, City Engineer)
Staff Comments
City Engineer Hoisted addressed Council stating that a request has been submitted by JD Landes, Inc. to
eliminate the detention pond for the Verizon Reporting Center and Warehouse development located at
the North West corner of Brown Street and Eubanks Lane. Birkhoff, Hendricks, and Conway have
reviewed the study and they are in general agreement with the findings and agree that no adverse
conditions are created downstream by the elimination of the detention pond.
Council Discussion
Mayor Mondy asked City Engineer Hoisted for the direction of the water flow. Mr. Hoisted explained that
the water flows west down Brown Street to the culvert box, under and to the tributary at Rush Creek.
Mayor Mondy reported there had been problems with water collection at the culvert. He asked Mr.
Hoisted why Verizon was not required to expand the culvert. Mr. Hoisted explained that the Engineering
Firm had suggested that Verizon have some participation in regional detention in the future either through
a pro-rata or some other form. He reported that the box on Brown Street would be reconstructed to allow
a one hundred year flood. Engineering for the culvert will be completed in October of 2007 with
construction completion in 2009. Mayor Mondy asked Mr. Hoisted when the Verizon construction would
start. Mr. Hoisted replied very soon.
Council Action
A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve a
request from JD Landes, Inc. to eliminate the detention pond for the Verizon Reporting Center
and Warehouse development at the intersection of Brown Street and Eubanks Lane. A vote was
taken and passed 6-0 with Councilman Young absent.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Ehrlich read the Ordinance Caption for Ordinance No. 2007-03 into the official
record.
Minutes—February 13, 2007
Wylie City Council
Page 6
Councilman Hogue left the meeting at 7:20 p.m.
Mayor Mondy recessed the meeting at 7:20 p.m. for a 10 minute break.
Mayor Mondy reconvened into the Work Session at 7:30 p.m.
WORK SESSION
Councilman Young arrived at 7:29 p.m.
Councilman Hogue returned to the Work Session at 8:00 p.m.
• Presentation update and discussion related to design services for Fire Station #3.
(Wiginton-Hooker-Jeffry, Architects)
Douglas A. Edney, Principal for Wiginton Hooker Jeffry Architects gave a brief presentation of
the preliminary design plans for Fire Station #3. He reported that the actual size of the facility
would be 12,032 square feet. Preliminary estimates for cost to build the facility to the actual size
would run between $2.8 million and $3.3 million; this could take the project over budget an
estimated $1.5 million to $2 million. He reported that staff had met with the firm and determined
that this size facility was needed to house the Swift Water Equipment, Diver Trailer, Hazmat
Trailer and Marine 3 plus a section for Quint 3, Battalion unit and Attack 3 Unit. . He explained
that the construction cost per square foot would run somewhere between $240.00 and $275.00
depending on the materials used. He stated that the areas housing the units were less costly at
approximately $50. per square foot. He asked Council for direction regarding the completion of
the design. City Manager Manson reported that there were several options to finance the
facility. She reported that Finance Director Williamson would be presenting a long range
financial plan to Council in the very near future to address options for all facilities included in the
2005 Bond Election. Direction from Council was to move forward with the design as presented
at the work session.
ADJOURNMENT
With no further business before Council, Councilman Byboth made a motion to adjourn the
meeting at 8:20 p.m. Consensus of Council was to adjourn.
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Minutes—February 13, 2007
Wylie City Council
Page 7
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Programmed Size Actual Size Difference
IRoo Name' Size(S.F.) #of Rooms Total S.F. Size(S.F.) #of Rooms Total S.F. S.F.
Public Lobby 100 1 100 1 0
Public Restroom 60 1 65 1 5
Report Room/Watch 200 1 196 1 (4)
Living Room 394 1 502 1 108
Dining Room 240 1 127 1 (113)
Kitchen 356 1 365 1 9
Patio (not included in total) 300 1 373 1 0
Staff Sleeping Rooms 95 6 97 6 12
Restroom/Shower 100 4 100 4 (2)
Officers Sleeping Room 95 2 125 2 60
Officer's Office 120 2 139 2 38
Fitness Room 450 1 486 1 36
E.M.S. Supply Closet 64 1 69 1 5
Maintainance Storage 48 1 0 1 (48)
Laundry Room/Janitors Sink 112 1 108 1 (4)
Data/Telecom Closet 24 1 0 1 (24)
Ice Machine Room 30 1 28 1 (2)
General Storage 60 1 88 1 28
Apparatus Room 1,267 3 1,239 3 (84)
Extractor/Drying Room 120 1 125 1 5
Decon./Infection Control 82 1 88 1 6
Bunker Gear Storage 194 1 292 1 98
Work Room 72 1 76 1 4
Soap Storage 150 1 150 1 0
Lawn Equipment Storage 154 1 150 1 (4)
Mechanical Room 80 1 0 1 (80)
Electrical Room 100 1 0 1 (100)
Other Vehicle Storage 1,920 1 1,945 1 25
Subtotal 10,210 10,184 (26)
Circulation, Walls, Chases, Etc. Factor 17.25% Factor 18.15% 87
TOTAL 11,971 12,032 61