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07-27-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday,July 27,2004, 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J.C.Worley. Mayor Pro Tem Eric Hogue was absent. Staffs present were: Acting City Manager, Mindy Manson; City Engineer, Chris Hoisted; Chief of Police, Jeff Butters; Fire Chief, Shan English; Interim Finance Director, Ron Hutchison; Planning & Zoning Director, Claude Thompson; Community Services Director,Mike Sferra; Library Director, Mignon Morse; Human Resources Director Lynn Fagerstrom; Public Information Officer Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Paul Castell from the Southfork Baptist Church gave the invocation and Councilman Trout led the Pledge of Allegiance. CITIZENS PARTICIPATION There was no one present to address council. 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. Approval of the Minutes from the Regular Meeting of July 13,2004 and the Special Called Meeting of July 19,2004. B. Consider and act upon a Final Plat for the Creek Hollow Addition, Phase 2, being all of a certain 22.041 acre tract of land,generally located west of Westgate Way and north of F.M. 544,said tract of land being a portion of the larger tract comprised of two parcels as described in deeds to Creek Hollow-Wylie Lot Option,L.P.,recorded in Volume 5474,Pages 8959 and 8967 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266,City of Wylie,Collin County,Texas. C. Consider and act upon approval of final acceptance of the Newport Harbor Pump Station Additions, and authorize final payment to Cooper General Contractors, in the amount of $11,446.18 and accept the project as complete. D. Consider and act upon a bid for the construction of additional dog runs at the Wylie Animal Shelter. Minutes—July 27,2004 Wylie City Council Page 1 Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Mayor Pro Tern Hogue absent. INDIVIDUAL CONSIDERATION Public Hearing Mayor Mondy opened the Public Hearing at 6:20 p.m. WEDC Executive Director Sam Satterwhite addressed council stating that he had concerns pertaining to the aesthetic appearance of the retail area with the addition of the proposed Telecommunication Tower. He asked council to be considerate of this issue. Mayor Mondy closed the Public Hearing at 6:22 p.m. 1. Hold a Public Hearing and act upon a change in zoning from Community Retail(CR)to Community Retail (CR) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being generally located in the southwest corner of F.M. 544 and S.H. 78, and being a 0.014 acre portion of land out of a larger called 3.953 acre tract described in a deed to Greenway-78, L.P. as recorded in Volume 4886, Page 4459, of the Collin County Deed Records, City of Wylie, Collin County,Texas. (Zoning Case 2004-12). Staff Comments Planning&Zoning Director Claude Thompson addressed council stating that in March of 2004,T-Mobile applied for a Specific Use Permit to install a telecommunications tower,antenna and equipment at 117 Cooper Drive. The Planning and Zoning Commission recommended denial of that request because the proposed location is within Wylie's planned commercial center and highly visible from the community's major street intersection. The City Council subsequently tabled that earlier request, encouraging the applicant to investigate alternative locations for the tower. The current request is a response to that request to consider other sites. Mr. Thompson stated that the proposed SUP would follow the land not the applicant. Mr.Thompson went on to explain that the subject property had never been platted into an official lot of record,and has never been developed. Prior to the Citywide revision of the Zoning Ordinance and Map in November of 2001, the property was zoned Industrial (I), and Microwave Towers were allowed by right. The property is currently zoned Community Retail(CR)District, and Telecommunications Microwave Towers are allowed within the CR District only with an approved Special Use Permit (SUP). The proposed telecommunications facility will comply fully with all development requirements of the City of Wylie codes. Public Comment Forms were mailed to six(6)property owners within 200 feet of this request. No Comment Forms had been returned at the time of posting. At the July 6,2004 meeting the Planning and Zoning Commission voted 6-0 to recommend approval of the SUP with the following stipulations: • No portion of the tower or appendages can be taller than 120' in height • Screening must be an 8 foot concrete masonry split-faced wall • The antennas must be enclosed within the tower pole Mr.Thompson reported that staff also recommended approval and to include these stipulations. Council Discussion Mayor Mondy asked Mr. Thompson how the evaluation was made to determine whether or not the adjacent property would have positive or negative effects. Mr. Thompson stated that there was several analyses that were done to Minutes—July 27,2004 Wylie City Council Page 2 °--- determine this. Determination is first made that this tower will be of public service to the community, 911 and other emergency benefits would be received from the tower.He explained that economic yield would have no effect because property values are determined by improvements to the properties and comps in the area. All activities in the retail development are in line with the zoning for that area. There will be visibility of this tower but staff believes that the applicant has done all that can be done to limit that visual impact with a single pole with no guide lines. Antennas will be placed inside the pole for less visibility. Applicant Comments John Rooney representing T-Mobile was present to address council. Mr. Rooney reiterated the desire of T-Mobile to look for an alternative plan to appease both Council and the Planning&Zoning Board. Mr.Rooney explained that this site would be more aesthetically pleasing from the intersection at Hwy.544 and SH 78,while still providing the needed service for the extensive plans for economic development in this area. He explained that many property owners were contacted in the process of acquiring alternative site and that T-Mobil desired something that was appeasable to all interested parties. Property owners contacted, in reference to this application, have not shown any opposition to positive/negative changes to their property values. Mr.Rooney asked council if he could answer any questions. Council Discussion Councilman Young asked Mr. Rooney if the tower placements left any dead space between the 5,000 ft. requirements between towers. Mr. Rooney showed council a map depicting gaps in the overall area. He stated that one of the areas currently in a "gap" area is where the proposed tower would be constructed. He explained that there was one other "gap" area on Hwy. 78 and that area would have a proposed tower for the future. Councilman Young stated that he would like to see some type of entrance fascia or some other type of enclosure to aesthetically hide the tower or he would not be in favor of approval. Councilman Worley had concerns about the aesthetics coming into town with the addition of this tower. He also questioned the removal of such towers once the usefulness of the tower had been completed. Council Action A motion was made by Councilman Trout, seconded by Councilman Newsom to approve a zoning change from Community Retail (CR) to Community Retail CR with a Special Use Permit (SUP) for a Telecommunications Tower, subject property being generally located in the SW corner of F.M. 544 and S.H.78 and being a 0.014 acre portion of land out of a larger called 3.953 acre tract described in a deed to Greenway-78 L.P. as recorded in Volume 4886, Page 4459, of the Collin County Deed Records, City of Wylie,Collin County Texas. (Zoning Case#2004-12)(Ordinance#2004-24).A vote was taken and passed 4- 2 with Councilwoman Allen, Councilman Newsom, Councilman Trout and Mayor Mondy voting for and Councilman Young and Councilman Worley voting against.Mayor Pro Tern Hogue was absent. 2. Consider and act upon a request to waive Section 3.2.B of the Subdivision Regulations requiring alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally located east of Troy Road and north of County Line Road, being part of a tract deeded to I. L. Whitsell as recorded in volume 44,Page 204 of the Deed Records of Rockwall County,Texas, and situated in the L.B.Outlaw Survey,Abstract No. 173,City of Wylie,Rockwall County,Texas. Staff Comments Planning&Zoning Director Claude Thompson addressed council stating that the subject property was annexed into the City of Wylie on June 8, 2004, and at that time zoned as Agriculture (A)District. The owner subsequently requested that the property be rezoned into two separate tracts and zoning classifications. Tract 1,4.8 acres fronting Troy Road, was to be Neighborhood Service(NS)District for convenience retail and office uses. Tract 2,the remaining 10 acres to the east was to be zoned Single-Family I Residential (SF 1A/26) allowing lots of one acre (although the owner anticipated developing it as 5-acre tracts like neighboring property to the east and south). Mr.Thompson explained that Minutes—July 27,2004 Wylie City Council Page 3 the zoning request was withdrawn when staff recommended denial due to the proposed commercial and was never considered by the Planning and Zoning Commission to Council. The owner has again submitted a request to rezone the property to Single-Family 10 Residential (SF 10/19) District, allowing lots of 10,000 square feet and larger. Section 3.2.B of the Subdivision Regulations states that "Alleys shall be required in all residential districts and shall be constructed in accordance with the adopted Engineering Design Manual. The City Council may waive this alley requirement or part thereof when such is determined to be in the best interest of the City". This request will be considered by the Planning and Zoning Commission on August 17 and by the Council on September 14. The owner/applicant is requesting that the requirement for alleys be waived. Council Discussion Councilman Worley stated that he did not prefer the front entrance garage that would go along with the closure of alleys. He went on to explain that he was aware that a city could not require a certain type of home to be built but he felt strongly that lots without alleys should have a j-drive rather than a front garage drive. Mayor Mondy asked if the applicant was present to address council. Mr.Thompson stated he was not. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to deny the request to waive Section 3.2B of the Subdivision Regulations requiring alleys within a residential subdivision. Subject property being a 14.776 acre tract of land generally located east of Troy Road and north of County Line Road,being part of a tract deeded to I.L.Whitsell as recorded in Volume 44,Page 204 of the Deed Records of Rockwall County,Texas,and situated in the L.B.Outlaw Survey,Abstract No. 173,City of Wylie,Rockwall County,Texas.A vote was taken and passed 6-0 with Mayor Pro Tern Hogue absent. a}.. 3. Consider and act upon the approval of a waiver by the City of Wylie for all permit fees, including water and sewer tap fees, as part of a Development Agreement between the Wylie Economic Development Corporation(WEDC)and Bayco Products,Ltd. Staff Comments WEDC Director Sam Satterwhite addressed council stating that in November,2003;the WEDC began to negotiate with Bayco Products, Ltd. for the relocation/consolidation of Bayco facilities currently located in Dallas and Ft. Worth. Bayco intends to develop a 110,000 square foot corporate,headquarters/distribution facility on 8.3 acres located on Sanden Boulevard. Bayco,will employ approximately 75 employees with roughly two-thirds being hourly workers. Bayco has committed to completing the facility and receiving a certificate of occupancy(CO)by September 15,2005. Mr. Satterwhite explained that the Development Agreement outlines the incentive package being offered to Bayco. In order to obtain the necessary land for the facility, the WEDC purchased 5.05 acres from the Birmingham Land Trust, with a purchase price of$495,000 including interest,and 3.244 acres from Richard Parker/Ben Scholz. The purchase price of$45,000 for the Parker/Scholz tract was reimbursed to the WEDC by Bayco. At the time a CO is issued for the facility,the WEDC will release all interest in the land. Prior to the CO,the WEDC will retain a first lien. The WEDC will also reimburse Bayco in an amount not to exceed$100,000 for moving expenses and reclaiming property from the flood plain. All of the above incentives committed to this project are funded out of 4A sales tax monies. Mr. Satterwhite stated that the final incentive offered to Bayco pertains to all permit fees related to the construction of the facility which could be funded by the WEDC or waived by the City of Wylie. The approximate value of this incentive is $19,355 which includes plan review, building permit, mechanical, electrical, and plumbing permits, and water and sewer tap fees. Not included in this amount and not presented for consideration are water and sewer impact fees which equal$19,480. The WEDC is formally requesting that the Wylie City Council waive the above fees. Mr. Satterwhite explained that in order for the agreed upon incentives to be forgiven,Bayco must maintain a minimum appraised value of$6.4 million for years 1 through 4 of the agreement, as well, in year five Bayco must have paid cumulative ad valorem taxes to the City of Wylie and WISD in an amount not less than$657,000 during the life of the Agreement. The $657,000 was arrived at by estimating an average appraised value of$8 million for each year of the five year agreement. Should Bayco be in default during any given year, as defined by the agreement, Bayco will be obligated to refund$122,490.20 to the WEDC.Mr.Satterwhite asked if he could answer any questions for council. Minutes—July 27,2004 Wylie City Council Page 4 Council Discussion Mayor Mondy asked Mr. Satterwhite if the WEDC had entertained the idea of paying the fees they are requesting be waived by the City.Mr. Satterwhite replied that yes they had approved the agreement with Bayco with the mindset that if the City did not waive the fees requested, WEDC would fund those fees in behalf of Bayco. Mayor Mondy asked if this type of waiver had been done before. Mr. Satterwhite replied that yes the City had waived the fees several years ago with Southern Fastening Systems.He stated that the return in ad valorem taxes for the first year for Bayco based on projections would be$13,000 and each year thereafter for the next 50 years would be approximately$56,000.He stated that in his opinion,this agreement was economically beneficial to all parties. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the waiver by the City of Wylie for all permit fees, including water and sewer tap fees, as part of a Development Agreement between the Wylie Economic Development Corporation(WEDC)and Bayco Products,Ltd.A vote was taken and passed 6-0 with Mayor Pro Tem Hogue absent. READING OF ORDINANCES TITLE& CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinance#2004-24 into the official record. Mayor Mondy recessed the Regular Meeting at 6:45p.m. Mayor Mondy convened into Work Session at 6:58 p.m. WORK SESSION • Budget Work Session City Council and Staff discussed areas of the proposed budget for their particular departments. Staff members answered questions from Council pertaining to proposed personnel and equipment needs to fulfill service requirements with the growing population. Mayor Mondy recessed Work Session at 7:45 p.m. Mayor Mondy convened into Executive Session at 7:53 p.m. EXECUTIVE SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act),Section 551. §551.071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act • Nielson V City of Wylie Mayor Mondy reconvened into Open Session at 9:15 p.m. RECONVENE INTO OPEN MEETING Take any action as a result of the Executive Session. There was no action taken as a result of Executive Session. Minutes—July 27,2004 Wylie City Council Page 5 Mayor Mondy reconvened into Work Session at 9:20 p.m. WORK SESSION Budget Work Session Council continued discussions with staff pertaining to proposed expenditures in the individual departments. ADJOURNMENT With no further business before council,the meeting was adjourned at 10:45 p.m. 011 'hnMoi sy, r1r ``��tllllllll/��� • ATTEST: • ..• • �L Carole Ehrlich, ity cretary Minutes—July 27,2004 Wylie City Council Page 6