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07-13-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL July 13, 1993 Wylie Municipal Complex 7:00 p.m. CALL TO ORDER INVOCATION - PRESENTATION OF PLAQUES CONSENT AGENDA 1 . Consider Approval of Minutes of Previous Meetings 2. Consider Approval of a Resolution Adopting Revised Tax Abatement Guidelines 3. Consider Approval of an Ordinance Adopting Area Requirements and - Land Use Designation for the Stone Grove Planned Development Uyau��e �or 5t�`e a,vnw 4. Consider Approval of a Resolution Committing Resources for 14J (-cit.'',e� ' Development of Valentine Park 5. Consider Approval of an Ordinance Adopting Zoning on a Portion of the Brown and Burns Addition 6. Consider Approval of a Resolution Endorsing the "Restoration Celebration" and Creating a Celebration Committee 7. Consider Denying Request from Linda Bair for Disannexation ACTION ITEMS 8. Appointment with Representatives of the Animal Rescue Club to Discuss the Animal Control in Wylie 9. P&Z 93-2-Z/FP Consider Action Related to Request from Jim Meara for Replat and Change in Zoning Within Westgate Phase 1 10. Discuss and Consider Award of Contract for Architectural Services Related to the Service Center �Y1 Discuss and Consider Award of Bid for Construction of Gravity Line, Water Line, and Sewer Line Related to Capitol Improvements 12. Discuss and Consider Approval of an Ordinance Adopting, Amending, and/or Correcting Subdivision Ordinance STAFF REPORTS CITIZEN PARTICIPATION Under Article 6252-17 V.A.C.S., Citizens are Entitled to Address Council Regarding any Issue. However Discussion must be Limited to the Giving and Taking of Information. No Official Action may be Taken Unless the Issue has been Duly Posted as a Part of this Agenda. EXECUTIVE SESSION 13. Hold Executive Session Under Article 6252-17 V.A.C.S. to Discuss Personnel re: a) Appointment of Alternate Municipal Court Judge b) Appointments to Celebration Committee 14. Reconvene Into Regular Session and Take Any Necessary Action As a Result of the Executive Session ADJOURNMENT Poste this the 9�h d, y of July, 1993 at 5:00 p.m. _ FE City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE r REFERENCE NO. SUBJECT 7/13/93 1 Minutes of Previous Meetings SUMMARY OF SUBJECT: Minutes of Previous Meetings will be forwarded under separate cover. ALTERNATIVES: ACTION REQUESTED: i iTE sic 2 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Manager DIRECTOR: Steve Norwood DATE REFERENCE NO. - SUBJECT - - 7/13/93 2 Resolution Adopting Economic Development Guidelines SUMMARY OF SUBJECT: At your previous meeting we adopted some economic development guidelines. These have been put in resolution form and amended to include incentives for "expanded value" or expansion of existing business. The guidelines are otherwise identical to the guidelines you've already seen. ALTERNATIVES: (1) Approve Resolution (2) Deny Resolution (3) Table Resolution ACTION REQUESTED: We would naturally like to see the resolution approved as a means of encouraging discussion with other taxing entities. v‘ `96t9 S/,0-frt ‘ze S,'w e SS . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING GUIDELINES FOR THE GRANTING OF TAX ABATEMENT AS AN ECONOMIC DEVELOPMENT INCENTIVE WHEREAS, the City Council of the City of Wylie is anxious to encourage economic development within and around the corporate boundaries of the City, and WHEREAS, the City Council of the City of Wylie finds that tax abatement is a workable incentive for the encouragement of economic development, and WHEREAS, the City Council finds that participation by other taxing entities is crucial to the success of any economic development incentive program NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas that: SECTION 1. The City Council does hereby accept and adopt the tax abatement guidelines attached hereto as Exhibit "A" and incorporated herein. SECTION 2. The guidelines shall remain in effect for a period of two years from the date of their adoption or until amended by the City Council of the City of Wylie. SECTION 3. The City Council of the City of Wylie does hereby encourage the Wylie I.S.D., Collin County, and the Collin County Community College District to consider establishing economic development guidelines and to cooperate with the City of Wylie in the development of comprehensive incentives. DULY PASSED AND APPROVED this the 13th day of July, 1993. APPROVED ATTEST Economic Development Incentives 1. Purpose and Objective The City of Wylie is committed to the promotion of quality development in all parts of the city and to an ongoing improvement in the quality of life for it's residents. In so far as these objectives are generally served by the enhancement and expansion of the local economy. The City of Wylie will, on a case by case basis, give consideration to providing incentives as a stimulation for economic development in Wylie. Nothing herein shall imply or suggest that the City of Wylie is under obligation to provide any incentive to any applicant. All applications shall be considered on a case by case basis. lI. Criteria for Economic Development Incentives: The following threshold criteria shall be used to determine whether any Economic Development Incentives shall be granted to new projects: 1.) The proposed project must create at least ten (10) or more jobs by the end of the abatement period. 2.) The proposed project must provide for an invest taxable assets within three (3) years from the commencement of construction. 3.) The project must meet all reievant zoning requirements. 4.) Generally to be eligible, a project must consist of an industrial, commercial, or warehouse use. In addition to the minimum requirements stated above, the following subjective criteria shall be considered prior to granting any economic development incentive. 5.) Is the project consistent with the comprehensive plan with or of the City of Wylie? 6.) What types and costs of public improvements and services (sewer main extensions, streets, alleys, etc.) will be required of the City? What types and values of public improvements if any will be made by the applicant? The City of Wylie recognizes the importance of expansion of the existing business as a key element in the economic development of the City. Therefore, different criteria for incentive eligibility have been developed for business expansion. In or eligible for abatement, an expanding business must meet the following criteria: 1.) The project must create ten (10) or more jobs by the end abatement period. 2.) The project must result in an addition of $500,000 in assessed value within the first year of the abatement. 3.) The project must also meet the criteria as stated previously in this section. III. Types of Incentives - It is the intent of the City of Wylie to evaluate the offering of economic development incentives on a case by case basis. This individualized design of a total incentive -— package-is intended to allow a maximum flexibility in addressing the unique concerns of each applicant while enabling the City to better respond to the changing needs of the community. Below is a chart which reflects the percentage amount to be abated: MAXIMUM TAX ABATEMENT NEWLY CREATED VALUE OVER 5 YEAR PERIOD $3 million + 400% $2 million - $2,999,999 300% $1 million - $1,999,999 _ 200% EXPANDED VALUE $2.5 million + 400% $1,500,000 - $2,499,999 300% $500,000 - $1,499,999 200% Abatements may be granted for terms from two to five (2 - 5) years but may be extended to the limits as specified by state law. Abatements of greater than five (5) years may be considered, only if it can be clearly demonstrated that it is economically beneficial to the City to do so. Abatement periods in excess of five (5) years must be approved by a three-quarter vote of the full City Council. The above chart reflects the maximum tax incentive to be eligible for over a period not to exceed five (5) years. No applicant may take a percentage greater than 100% in any given year. For example, the qualified applicant may choose to take the 200% abatement over a two (2) year period at 100% each year; or may extend it to 50% each year for four (4) years. The same method would apply to the 300% and 400% abatement. Please keep in mind that the percentages stated on the right are the maximum amounts. IV. Application Procedures Any person applying for Economic Development Incentives will be required to comply with several application procedures. Once the application has been completed, the application will be forwarded to the joint committee on economic development incentives consisting of elected officials from each of the taxing entities. V. Recapture The City of Wylie will have very specific performance standards that will be measured to ensure that the qualified applicant is adhering to the guidelines, as set-forth, and the Economic Development Incentive Policy. In the event that the company or individual fails to keep current on ad-valorem or other taxes, or violates the terms and conditions of the abatement agreement in any fashion; the City of Wylie will have the option along with the other taxing entities,to recoup any tax monies that were abated. VI. Assignment The abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon approval of the City Council; subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed by the execution of a new contractual agreement with the City of Wylie. - - VII. Sunset Provisions The guidelines and criteria are affective upon the date of their adoption and will remain in force for two (2) years. At which time all reinvestment zones and tax abatement contracts created pursuant to its provisions, will be reviewed by the City Council of Wylie to determine whether the goals of the abatement program has been achieved. Based upon that review, the guidelines and criteria may be modified, renewed or eliminated. VIII. Note In order for Wylie to have a successful Economic Development Incentive Policy, the City of Wylie must receive cooperation from the other taxing entities, i.e., Wylie ISD, Collin County and Collin County Community College District. Should more than one (1) entity grant tax abatements, it would be my recommendation that a joint committee on tax abatement be established consisting of two (2) elected officials from each of the taxing units to review and consider each applicant. 0, 3 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Attorney DIRECTOR: Steve Deiter DATE REFERENCE NO. I SUBJECT 7/13/93 3 Ordinance Adopting Land Use and Area Requirements for Stone Grove Planned Development SUMMARY OF SUBJECT: At you last meeting, Council approved an amendment to the Stone Grove Planned Development which had been established with no area requirements or land use in the enacting ordinance. The attached ordinance reflects the decision of the Council regarding the zoning included a minimum 2000 square feet structure size and the requirement regarding the garage not facing any street adjacent to the lot. ALTERNATIVES: (1) Approve Ordinance (2) Deny Ordinance (3) Table Ordinance ACTION REQUESTED: Staff would recommend approval of the ordinance as it reflects the vote of the Council at your last meeting. MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Ordinance Defining Terms of Planned Development Zoning - Stonegrove Subdivision DATE: July 9, 1993 At its last meeting the Council held a public hearing concerning the establishment of allowable uses and regulations for the Planned Development (PD) zoning classification in the Stonegrove Subdivision. When the subdivision was originally zoned PD no uses were authorized nor restrictions imposed. The oversight created a defective zoning classification which needed to be remedied by placing appropriate use restrictions and authorizations into the PD classification, which of itself has no regulations. At the conclusion of the hearing the Council voted to give the subject PD the same uses and restrictions as SF-1, except as to minimum dwelling size which was established at 2,000 square feet (SF-1 is 1,800) and the controversial requirement of no front entry garage. I have attached a copy of the SF-1 regulations for your information and review. Although the Council voted to approve the change I did not have an ordinance which adopted the changes available for consideration and adoption. Since the change is a change to the Zoning Ordinance it is not effective until set forth in ordinance form. I am forwarding herewith an ordinance, for the Council's consideration and passage, which sets forth and adopts the uses and restrictions the Council approved. I have italicized the controversial "garage entry" section so that it is easy to spot and read. As usual the ordinance is in the form of a proposal and may be modified to whatever extent the Council might desire before passage. I would however request that you let me know of any request for changes prior to the meeting so that I might have the actual text changes made and a final draft version of the ordinance available at the meeting. cc: Steve Norwood Mary Nichols 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF THE STONEGROVE SUBDIVISION IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT 'Pit)" TO PLANNED DEVELOPMENT SPECIFYING USES, STANDARDS AND REGULATIONS ALLOWED THEREIN;AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT -MAP (ORDINANCE 91-12, ORDINANCE 91-13), REPEALING ORDINANCE 85-60 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the real property hereinafter described was zoned Planned Development "PD" by virtue of Ordinance No. 85-60 adopted on the 24th day of September, 1985; and, WHEREAS, the aforesaid Ordinance establishing the Planned Development zoning classification failed to-designate any specified or permitted uses, thereby creating a district where there are no authorized uses, no standards and no regulations, making the same effectively useless, which said omission has only recently come to the attention of the City Staff; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Planned Development zoning of the subject property, which it now enjoys, notwithstanding the aforesaid omission; and, WHEREAS, the City Staff has upon learning of the deficiency in the ordinance creating the Planned Development classification, has initiated action to change the zoning classification from Planned Development having no specified or authorized uses to Planned Development with specifications as to permitted uses, and other use requirments and restrictions; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the zoning classification be changed to reflect the use restrictions and classifications as hereinafter specified; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed changed and found that it meets one or more of the requirements for amendments as stated in section 35.1 of the Zoning Ordinance; 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I (a) That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning-District Map, as the same currently exists, so as to change the zoning classification on the following described property, to wit: The Entirety of Stone Grove Subdivision in the City of Wylie, Collin County, Texas from Planned Development with no permitted uses are requirments to Planned Development with the uses and restrictions as hereinafter set out; (b) The use of all property in such area being limited to and governed by the following conditions: Permitted Uses: Those set forth in Section 9.0 of the Chapter 12 of the Wylie City Code pertaining to SF-1 Zoning Classification. Height Regulations,: Those set forth in Section 9.1 of Chapter 12 of the Wylie City Code pertaining to SF-1 Zoning Classification. Area Regulations: Those set forth in Section 9.2 of Chapter 12 of the Wylie City Code pertaining to SF-1 Zoning Classification; except for sub section (3) thereof "Minimum Dwelling Size" which is hereby established and set at 2,000 square feet. Garage Entry: No garage entry shall face, or open to, any street which is adjacent to the lot on which it is located. (c) The above provided uses being generally in conformance with the standards and regulations associated with the SF-1 zoning district classification, except for the variations from such standard requirements as herein above set forth. SECTION II The stated purpose and intent of granting the within specified Planned Development Designation is to allow development of the lots in a fashion more consistent with and 2 complementary to: (a) existing residences, and (b) the intent of the original unspecified Planned Development designation, by granting a use that is, to an extent, harmonious with the above stated reasons and that of the City's Zoning Ordinance; as such designation and purpose is found to be not in conflict with the overall intent of the Zoning Ordinance, and not inconsistent with the planning on which it is based and not otherwise harmful to the neighborhood. SECTION III That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION IV Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That Ordinance 85-60, and all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith hail remain in full force and effect. 3 SECTION VIII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of July, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney • • SECTION 9 buildings, including a private garage "SF-I" — SINGLE FAMILY and bonafide servants quarters, no RESIDENTIAL DISTRICT for rent but for the use of servant REGULATIONS employed on the premises, whei located not less than sixty feet (60' from the front lot line, nor less that § 9.0 Permitted Uses: A building or premise five feet (5') from either side line shall be used only for the following uses: provided said accessory buildin shall not occupy more than fift (1) Single-family dwellings. percent (50%) of the minimur required rear yard in the case of (2) Farms, nurseries, greenhouses or truck one-story building. When th gardens, limited to the propagation and accessory building is direct) cultivation of plants, provided no retail attached to the main building it shal - or wholesale business is conducted on be considered an integral part of th the premises. main buildings. When the accessor building is attached to the mai (3) Church or rectory. building by a breezeway, th breezeway is considered a part of th (4) Parks, playgrounds, community accessory building. Temporar buildings, museums and other public metal buildings less than for recreational facilities, owned and/or hundred (400) square feet which at operated by the municipality or other used for tool and supply storage. public agency; and privately owned and maintained recreation areas. (11) Telephone exchange provided no publi business and no repair or outside storag (5) Public buildings, including libraries, facilities are maintained, gas lines an museums, police and fire stations and regulating stations, electrical lines an similar public uses or facilities: local utility lines. (6) Real estate sales offices in model homes -(12) Sewage treatment plant(public operated during the development of residential subdivisions, but not to exceed two (2) (13) Swimming pool (private)constructed ft y use of residents and located in require rear or side yard. A pool shall not t (7) Public schools or denominational closer than five feet (5') to any proper) (kindergarten through high school). line. (8) Temporary buildings for uses incidental (14) Water treatment pliant. to construction work on the premises, which said buildings shall be removed (15) Non-commercial stables as an accessoi upon the completion or abandonment of ' use to the housing of animals owned t construction work. The building official the resident and set back from adjace shall determine the appropriate time property lines a minimum distance period for use on the site. one hundred feet(100'). An area of on half(1/2) acre shall be required for eat (9) Publicly owned water supply reservoirs, animal. pumping plants and towers. (16) Home occupation (for definition si (10) Accessory buildings and uses, Section 33). customarily incident to the above uses and located on the same lot therewith, (17) Tennis court(private). not involving the conduct of a retail business except as provided herein: (18) Batch plant, temporary durit construction when permitted by co (a) The term accessory use shall enforcement and limited to tl include customary home occupations subdivision for which they are permitte as herein defined. Accessory Page 6 Supp. No. __ _ _ _ I Tiiiii)ni _ __ 0 c 4 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTORMary Nichols DATE REFERENCE NO. I SUBJECT 7/13/93 4 Resolution Committing Funds for Valentine Park Development (Tree Grant) SUMMARY OF SUBJECT: At you last meeting, Council approved a resolution authorizing a local match to an approved tree grant. The resolution did not accurately reflect the amount of local match required to receive the grant. The previous resolution indicated a match of $4850 where the resolution before you commits $8,815 for the development of Valentine Park. ALTERNATIVES: (1) Approve Resolution (2) Deny Resolution (3) Table Resolution ACTION REQUESTED: Staff would recommend approval of the resolution as the grant for $4,850 has been approved. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE COMMITMENT OF RESOURCES TO PROVIDE FOR EQUIPMENT, SUPPLIES, AND PURCHASE AND INSTALLATION OF TREES AT VALENTINE PARK WHEREAS, the Wylie City Council has made the improvement of Valentine Park a developmental priority, and WHEREAS, the City of Wylie's park needs cannot be met without the development of additional park and recreation areas, and WHEREAS, the City Council is committed to the responsible development of all its park lands NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT: SECTION 1. the City of Wylie will commit the one half local match for the development of Valentine Park as follows: Project Name: Valentine Park SBA Grant: $4850.00 Local Match: $8815.00 SECTION 2. the City of Wylie will continue to budget for the improved development of Valentine Park. SECTION 3. the City of Wylie does hereby authorize the planting of the trees in Valentine Park SECTION 4. the local match will include supplies, equipment, personnel contractual services, and related services related to the planting of the trees. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS THE 13TH DAY OF JULY, 1993. John W. Akin, Mayor Mary Nichols, City Secretary o s City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Attorney D,Ratapeiter DATE REFERENCE NO. SUBJECT 7/13/93 5 Ordinance Adopting Zoning on a Portion of the Brown and Burns Addition SUMMARY OF SUBJECT: In the process of reviewing some of our zone change ordinances, we have found several ordinances that need correcting or were not enacted upon approval of the zone change. Attached is one such example and a memorandum explaining the circumstances. ALTERNATIVES: (1) Approve Ordinance (2) Deny Ordinance (3) Table Ordinance ACTION REQUESTED: Staff would tecommend approval of the ordinance to aid us in our administrative/zoning cleanup efforts. MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Ordinance Adopting Zoning Change - Birmingham House DATE: July 9, 1993 Following requisite public hearings before Planning and Zoning (P&Z) and the Council the Council voted at its July 28, 1992 meeting to change the zoning of the above referenced property from SF-1 to Retail (see attached minutes from July 14 and July 28, 1992 meetings). However, no ordinance adopting the approved change was ever presented to the Council or adopted. I discovered this oversight when I was preparing a zoning classification change ordinance and sought to use the Birmingham House ordinance as an example to aide in drafting the one I was working on. When I looked for the ordinance changing the zoning on the house I found, much to my surprise, that it simply did not exist. I am unable to state why the ordinance never came about. I believe it was a situation of the ball being dropped before the game was completed. Inasmuch as I was a member of the staff at that time I must acknowledge a share in the responsibility. In any event an ordinance making the change effective needs to be adopted. I have prepared such an ordinance and forward the same herewith for your examination and review. The ordinance is fairly straight forward and simply adopts the change which were previously approved by the Council. I am suggesting that the proposed ordinance be placed upon, and approved as part of, the consent agenda for the next meeting. In the event that any of have any question or concerns on the proposed ordinance please do not hesitate to contact me at your convenience. cc: Steve Norwood Mary Nichols 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION ON LOTS 13, 14, AND 15, IN BLOCK 3 OF BROWN AND BURNS ADDITION IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 301 N. BALLARD, FROM SINGLE FAMILY SF-3 TO RETAIL "R"; AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), AND ORDINANCE, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property herein described has heretofore been established as "SF-3" Single Family use; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the SF-3 Single Family zoning of the subject property; and, WHEREAS, the owners of the property have properly filed a request with the City to change the zoning classification from "SF-3" to Retail "R"; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed changed and voted to approve the same in an open meeting conducted and held on the 28th day of July, 1992; and, WHEREAS, an ordinance adopting the approved changes was never presented to the City Council or approved, notwithstanding the Council's desire to effectuate such change forthwith following the aforesaid July 28, 1992 meeting; and, WHEREAS, the Council now desires to pass an ordinance adopting such change as was previously approved by the Council at its said July 28, 1992 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I _.uw That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, commonly known as 301 N. Ballard, to wit: Lots 13, 14, and 15, of Block 3, Brown and Burns Addition, City of Wylie, Collin County, Texas from Single Family "SF-3" to Retail "R". SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of July, 1993. By John W. Akin Mayor • ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 41 by Councilman Davis . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor , Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. PUBLIC HEARING FOR THE PURPOSE OF DISCUSSING AND CONSIDERING PROPOSED ZONING CHANGE AND ZONING MAP AMENDMENT: LOTS 13 , 14 , AND 15 BLOCK 3 OF BROWN AND BURNS ADDITION: The proposed zoning change and map amendment is for Retail , this property is located at 301 N . Ballard. Letter were sent to _ _ all property owners within 200 feet and there has been a Public Hearing with Planning and Zoning Commission . Mayor Akin opened the Public Hearing and requested those wishing to address the Council on this item to come forward and state their name and address for the record. The following persons spoke against the zoning change : Mr. James Parker - 306 N . Ballard Mrs . Rita Smith - 401 N . Ballard Patricia Spurgin - 302 N . Ballard The following persons spoke in favor of the zoning change : Mrs . Gail Clemmons - 317 S. Fourth Mr . Bill Lewis - 413 S . Fourth There being no other persons wishing to address the Council , Mayor Akin closed the Public Hearing . PPROVAL OF THE ZONING CHANGE AND MAP AMENDMENT FOR LOTS 13, 14 & 15 OF BLOCK 3 OF BROWN & BURNS ADDITION: This zoning change and map amendment is for Retail , and is currently zoned Single Family 3 . This property is located at 301 N . Ballard and was voted on by the Planning and Zoning Commission with three in favor and three against the zoning change . Action to approve this rezoning application will require the three fourths vote of all Council Members due to the 20% recorded protest from letter sent to applicable property owners. 1O ) A motion was made by Mayor Pro Tem Swartz to table this item J 1/41' for review. Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - al- in favor, Councilwoman Allen - in favor , Councilman Davis - f4 in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. 46 IMPIOVEMENTS ADVISORY COMMITTEE (CIAC) : The CIAC committee met on July 20, 1992 and are presenting the following comments: 1 . the water tank installation on FM 1378 as mentioned in the 10 year water plan, should be a concentrated area of concern within the next year; 2 . some type of storm water impact fee should be considered during the 1993 scheduled CIP update as well as changing the Impact Fee ordinance to allow provisions for a fee assessment to developer on new subdivisions ; 3 . continue the current impact fee of $1 , 100. 00 per permit. The Financial Report from July 1 , 1990 through June 30 , 1992 shows total revenues of $133, 912 . 38 and expenditures of $109 , 843. 28 leaving a cash balance as of June 30, 1992 of $24 ,069 . 10 . The Engineers Report states the following have been requested for the FY 92-93 budget: Water: 1. Telemetry for Nortex , NTMWD & Elevated Tank $ 15, 000 . 2 . Newport Harbor Loop Line ( 8" ) $ 215 ,000 . 3 . Alanis Road ( 2 , 000 feet) eight inch pipe $ 50, 000. Sewer : 1 . 3 , 000 ft. 15 inch interceptor replacement Hwy 78 to Sewer Main Plant $ 72 ,000 . 2 . 2 , 200 feet 15 inch interceptor from NTMWD Lift Station to existing sludge line $ 180 ,000. PRESENTATION OF SEMI-ANNUAL REPORT FROM DEVELOPMENT CORP. OF WYLIE, INC. : Mr . Jim Smith, Chairman of the Development Corp . of Wylie, Inc . stated in the last six months this board has received a total of $96 , 408 . 50 of which $90 , 892 . 38 was sales tax revenue and $5, 516 . 12 was interest. There has been a total of $14 , 466 . 38 in expenditures for rent, printing , salaries, etc . plus $28 ,679 . 00 for helping Holland Hitch and paying Income Tax/FICA. This leaves a balance of $286, 372 . 68 available for use as of May 31 , 1992 . This board has held six monthly meetings and three special called meetings . The board has received several formal requests for financial assistance , but only one of these has resulted in a grant. The board is actively involved with four companies who have expressed an interest in moving to Wylie . The Corporation has employed a full time director as of July 1 , 1992 . The board has also contracted with Michael Brown Productions for the creation of an eight minute video C6\ to publicize Wylie . ,1 1- APPROVAL OF THE ZONING CHANGE AND MAP AMENDMENT FOR LOTS 13, J11. 14 , 15 OF BLOCK 3 , BROWN & BURNS ADDITION: This zoning change has been requested for Retail Zoning and the property is located at 301 N . Ballard. The Public Hearing was held on July 14, 1992 . Mayor Akin invited those wishing to -.,. ddress this matter to come forward as they were called on. 47 Mrs . Rita Smith of 401 N. Ballard and Mrs . Martha Keehen, speaking for her mother , Mrs. Lucille Pearson, of 100 W. Jefferson addressed the Council stating they were against , ,f a W the zoning request change . A motion was made by Councilman Naish to approve the zoning (s42 change and map amendment for Lots 13, 14 , & 15 , Block 3 of Brown & Burns Addition to Retail . Seconded by Councilwoman Allen. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - against, Councilman Wright - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with six ( 6 ) in favor and one ( 1 ) against . APPROVAL OF FUNDS FROM DEVELOPMENT CORPORATION OF WYLIE, INC. TO PHYSICIANS REGIONAL HOSPITAL FOR ASSISTANCE: Mr. Charlie Womack , Executive Director of Development Corporation of Wylie , Inc . stated that Physicians Regional Hospital has a temporary crucial cash flow problem that must be immediately resolved . Current projection indicates a negative cash flow deficit reaching approximately $144 ,000 during the month of July. Prior loan negotiations with a local bank have produced negative results and they have now requested financial assistance from the Development Corporation. The Board of Directors of the Development Corporation of -Wylie , Inc. has reviewed and discussed this request . Three members of the board were present and voted unanimously to approve the request subject to each principal owner personally agreeing to sign a Letter of Guaranty for the entire loan amount and final approval by members of the Wylie City Council . The request is for the Development Corporation to place a $120 ,000 CD into Provident Bank of Wylie to collateralize a $120, 000 loan to the Hospital to fund the development of a new Geriatric Psychiatric Unit and. working capital deficits during the development of this unit. The unit provides 21 new jobs to the area and allows the Hospital to continue its financial viability and delivery of emergency care to all citizens of the area, regardless of ability to pay. The Board agreed the hospital is a vital ingredient for continued "quality of life" and all efforts should be exerted in maintaining this excellent medical facility for all citizens in the Wylie area. The Board certainly hopes the Council will be able to support the decision made by the Board of Directors . A motion was made by Councilman Wright to approve the $120 ,000 CD with the personal guaranty from all principal owners . Seconded by Mayor Pro Tem Swartz . The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Swartz - in favor, Councilwoman Allen - in favor, Councilman Davis - in favor , Councilman Wright - in favor, Councilman Messenger - in favor, and Councilman Naish - in favor. This motion carried with all in favor. 127EM City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTORz'ary Nichols DATE REFERENCE NO. SUBJECT 7/13/93 6 Resolution RE: Restoration Celebration and Celebration Committee SUMMARY OF SUBJECT: The City Manager gave you a voice mail message explaining that we have arranged for a well-known talent organization to perform in honor of our volunteers. Attached is a resolution approving the celebration and appointing a committee to assist in the development of the program. Also attached is a memorandum that outlines the kinds of activities we would propose the committee to assist the City with. We would not recommend a limit to the number of members of the committee and would point out that Annette Naish and Lois Swartz have both already expressed an interest in being involved. ALTERNATIVES: (1) Approve Resolution (2) Deny Resolution (3) Table Resolution ACTION REQUESTED: I Staff would recommend approval of the resolution so we can get busy as soon as possible. We have already been some of the promotional activities. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING FOR A "RESTORATION CELEBRATION" TO TAKE PLACE ON AUGUST 14, 1993, PROVIDING FOR THE EXECUTION OF RELATED DOCUMENTS,AND ESTABLISHING A COMMITTEE TO ASSIST IN THE DEVELOPMENT OF THE PROGRAM WHEREAS, The City of Wylie has requested and been granted a "no- cost' performance by the VOCAL MAJORITY in an effort to thank the countless numbers of volunteers who have assisted and are still assisting in the tornado recovery efforts of the community,and WHEREAS, Such a program will require a massive amount of coordination and preparation time, and WHEREAS, The recovery efforts were a group-effort from many civic groups, non-profit organizations, and community leaders, so should be the celebration NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1: August 14, 1993 is hereby established as the date for a "Restoration Celebration" which will include performances by both local, professional, and amateur talent for the enjoyment of all volunteers and residents of the community who participated in the tornado recovery efforts. SECTION 2: The City Council does hereby create a Celebration Committee to assist in the development of the program with a membership to be appointed by the Council. SECTION 3: That the committee shall be made up of members of the community including but not limited to individual volunteers and representatives from: the City of Wylie, the Wylie Chamber of Commerce, the Wylie Women's League, the Wylie Ministerial Alliance, and the Christian Care Center. SECTION 4: There shall be no limit to the number of members appointed to the Committee SECTION 5: The committee shall assist in the program development, solicit donations, and assist in the promotion of the event. The committee shall attempt to organize the event without the expenditure of funds. They shall have the authority to request donations from local organizations but shall have no authority to expend city funds without the express written approval of the City Manager. SECTION 6: The City Manager is hereby given the authority to execute all necessary documentation and agreements related to the event. SECTION 7: The Committee, upon appointment, shall have the ability to request voluntary assistance from any organization or non-members of the committee who is interested in helping in the development of the program. DULY PASSED AND APPROVED by the City Council of the City of Wylie on this the 13th day of July, 1993. APPROVED ATTEST MEMORANDUM June 29, 1993 TO: City Manager Steve Norwood FROM: Mary Nichols, City Secretary RE: Vocal Majority Performance August 14, 1993 We have been discussing since early May, a program for thanking the volunteers who helped the Wylie Community in tornado recovery efforts. The Vocal Majority men's chorus has agreed to do a performance at the Army National Guard Building on Saturday, August 14, 1993 for those volunteers. While the chorus is a non-profit organization, their standard performance fee "at cost" is $5000 - $10,000. Bare minimum is usually $2500 to clean their 100 tuxedos. However, the Vocal Majority has generously agreed to perform in Wylie free of charge on behalf of our volunteers. I propose that this program be coordinated jointly by the City of Wylie and the Wylie Chamber of Commerce. Organizing this program will be a massive undertaking and we should probably meet with the Chamber of Commerce as soon as possible to discuss some of the following: FACILITY We have already reserved the Armory with Major Richard Carpenter and will be executing a contract that will cost an estimated $80 for the rental and another $50 to $80 for their personnel to be standing by. This is their requirement in order to provide the facility. DEVELOPMENT OF LIST OF VOLUNTEERS There are various lists of volunteers and donors scattered among staff members, volunteers, the Ministerial Alliance and the Chamber of Commerce. We will need to develop a comprehensive list of volunteers for the invitation mail-out. SOLICITATION OF DONATIONS One of the biggest projects related to developing this program will be soliciting gift certificates,free passes, free movie rentals etc. to give away as either door prizes or if there are enough, to everyone who attends. We are developing a preliminary contact list but will definitely need help from the Chamber or volunteers. FOOD PROVISIONS We will probably not have the space to provide a "sit-down" meal, but we ought to solicit some of the larger restaurants in the metroplex to provide buffet refreshments. INVITING AN EMCEE Ron Chapman at KVIL has suggested that we invite one of their radio personalities to emcee the program. Chapman is not available but KVIL has a history of working closely with the Vocal Majority and would probably provide an emcee. We could also check with the television stations who have been involved in tornado recovery activity and solicit their interest in providing an emcee. DEVELOPING THE PROGRAM We need to make some decisions about who/what else will be involved in the program. Do we want to invite additional talent or limit the program to the Vocal Majority? Should we invite more professional talent, local talent or both? PROVIDING THE INVITATIONS We should solicit various printers to request donation of the invitations and printing costs. This needs to be done as soon as possible as the program is about six weeks away. - - PRESS RELEASES The City has a relatively comprehensive list of press contacts and _ should probably be responsible for publicizing the program. The Vocal Majority is sending us glossy photos for posters and press releases. BOUTONNIERES FOR THE MEN'S CHORUS We should check with our local florists to see if they would be willing to donate boutonnieres as an appreciatory gift for the Vocal Majority's donated performance. SOUND SYSTEM The Vocal Majority has asked that we provide a professional sound system. We have a preliminary contract with a sound company being prepared but will need to seek out a sponsor to pay for the rental and personnel. SECURITY Since we do not know how large a crowd the program may produce, we may want to consider off-duty police officers to help with traffic direction. irijr City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter nx SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 7/9/93 7 Linda Birdwell (Bair) Disannexation Request t SUMMARY OF SUBJECT: The Council has previously agreed to disannexation of the Bair property if certain conditions were agreed to by the property owners, specifically that they would not contest taking of such portions of the property necessary for improvements to Hwy 78. As of this date I have not prepared such an agreement and therefore the same has not been signed. Therefore, the Council cannot grant the request for disannexation without changing its position on the matter. I will be preparing the agreement in the near future and will have the same executed and presented to Council, along with a disannexation ordinance, at a later unspecified Council meeting. ALTERNATIVES: (1) Continue tabling of the disannexation request pending receipt of signed agreement (2) Deny the request, without prejudice (allowing consideration at later date (3) Take such other action as deemed appropriate by the Council ACTION REQUESTED: I would recommend that the Council deny the request for disannexation, without prejudice, to reconsider the issue as and when a signed agreement meeting Council's previous conditions is obtained. MEMORANDUM TO: City Council 1 �� 41 FROM: Steve Deiter SUBJECT: Bair Disannexation 1 DATE: July 9, 1993 This item has been carried forward on two or three agendas pending receipt of an agreement whereby the property owners would agree to not contest the taking of their property in exchange for the City's disannexing the property. The Council has previously approved disannexation on the condition that such an agreement be executed. Although I have a verbal commitment from Linda Bair (now Linda Birdwell) that she is agreeable to the terms I have yet to draft an agreement for signature. The delay is on my part and not on hers. The delay has its basis in the fact that it has not been as high of a priority as other items which have required my time. Consequently I am suggesting that Council deny the request for disannexation, without prejudice. This will simply have the effect of removing it as a continuing issue on future agendas. Once I have drafted the agreement and have it executed, the issue would again be placed on an agenda for summary consideration and approval. I am directing a copy of this memorandum to Mrs. Birdwell so that she might be correctly apprised of the City's position on the matter. cc: Steve Norwood Linda Birdwell 1 c 8 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR:'ary Nichols DATE REFERENCE NO. SUBJECT 7/13/93 8 Appointment with Representatives of Animal Rescue Club to Discuss Animal Control SUMMARY OF SUBJECT: We were contacted by representatives of this club who requested that representatives David Barker and/or Priscilla Pearson be allowed to speak before the Council. They did not specifically identify what they would be requesting of Council but we've located some newspaper articles that may have something to do with their request. Council will not be able to act on the request as it is not posted as an action item but we can put the item of a future agenda. • ALTERNATIVES: I. -(c 1/w,o eecn h'ecc 2 D v cv�o u,a r act (eu-A-s 3 14-v o rtS v,e - k le)14..rje,✓ . ACTION REQUESTED: ;ndent api✓ N�r.t�1.7 17� "r ;9,%: •',.- . dace- . M - " s •,.. `-.F 1 N v 6 ?Ct !/ 3'. - - • ... e.. ght & i - MBAs Moro*Nest Indy Orval Jf• Y rom Priscilla Pearson (center), president of the day about the weekend euthaniiing of a on of ' Humane Society Adoption and Rescue number of animals at the McKinney Animal other League, tells officials of the Society for the Shelter. The shelter was taken over last sup- s on- Prevention of Cruelty to Animals on Tues- week by the SPCA. Jem c J. Erik yim e Ex-shelter workers seek answers ,s and 'a • But SPCA says bulk of animal killings occurred before it took over -,, the more ses to By Robert Ingrassia Ms.Bates previously said that she nel cough," a common respiratory The Mt The MUM North Bureau of The Dallas Morning News had overseen the killing of about 80 illness that's easily treated. has McIOTNNEY—Former volunteers Animals Thursday and Friday. She "If you get a cold, you shouldn't _ its to at an Animal shelter taken over last said all the Animals were sick and in get killed for it," said Robin Mallon, _. four week by the Society for the Preven• no condition to be adopted and that a member of the Dallas/Fort Worth tion of Cruelty to Animals of Texas the shelter had been extremely over- Sheltie Rescue organization. pressed officials Tuesday to explain crowded because it had been without He said the SPCA killed the ani- why as many as 120 cats and dogs a euthanasia drug for at least two mall as an easy way to make a new lers were eurhaniyed last week weeks. start. - "All I know is a lot of dogs were Ms.Dynis said Ms.Bates was fired "They just go through and kill off thm �h ; put down and I want to know why," because she refused to take a lie-de ll. the Animals and then clean • -� said Gary Oviatt, a Richardson resi- tector test. SPCA officials accused up and say, 'Ta, da, we fixed dent who has been a shelter volun- Ms. Bates of forging euthanasia logs the problem,'"Mr.Mallon said tear since October. to make it appear the SPCA workers Ms. Pearson said her group of- The volunteers accused the SPCA, killed more Animals than they did, feted last month to help relieve over -The Ca crowdingat the shelter,but that the which assumed control of the shelter Ms.Dynis said. Humane Society declined to immedi- - USAir • 119 Friday, of destroying dozens of Ms. Bates could not be reached ately waive adoption fees of S65 per healthy or slightly ill cats and dogs Tuesday evening for comment on dog and ve per cat without giving animal rescue groups her firing. The Nat Durin "- a chance to find homes for them. Former volunteers and animal a meeting at the shelter But SPCA officials said the bulk of rescue group representatives said Tuesday, Ms. Pearson and other for- the killing occurred before they took they could have saved many of the met volunteers engaged in heated over the McKinney shelter, which Animists had the Humane Society ordisc 0� SPCA officials. De they said was in terrible condition. SPCA called them early last week spite the shouting,both sides agreed They blamed any improper euthana- "If they would've put out the to meet soon to work out ways for '92- sia on workers for the Humane Soci- word before they started putting theanim y rescue groups to play a 93 ety of Texas, which decided June 21 down Animals, people would've bigger role in finding homes for •anch to merge with the SPCA come," said Priscilla Pearson, presi- shelter animists "What we had the first few days dent of the Humane Society Adoption :nj News was a lot of confusion and that con- and Rescue League. •„� fusion is no more," said Bobby SPCA officials said the Animals U tO $5, O 'French,SPCA field services director. the destro ed could not have been Mr. French said SPCA workers saved. They said up to 15 dogs were have killed about 50 sick animals held in each cage and that the ken- .� since Friday, following guidelines nels were filthy. . Each Ba ngton for the destruction of cats and dogs "This place was so bad off that if meet with serious illnesses. we wouldn't have merged,I would've 10 in Late Tuesday afternoon,the SPCA filed criminal charges," Mr. French pf the "`Street fired Jackie Bates,the shelter mane- said. Friday, June 1E Beting ger since April,said public relations But Animal rescue volunteers said 755 Lamar at Inte :X ,_ director Diane Dynis. __many of the animals killed had"ken- 1 a.m. --n.For FBI FILE #91A-DL-65728 — Susp> )275- • • light brown hair and a possible false rr s Fire Grapevine residents sportscoat, snakeskin cowboy boots E _video Suspect #2 — White male, 3Os, 5 stores • • • Wore white shirt, dark slacks, der f°vexed for wine vote glasses and surgical gloves. htertpetition Both suspects were -�+a vi- briefcase and canvas e De- Proponents face July 18 deadline to call election SThn _ ' Jr. ..... 0...0 0,, ....0. Ito., r .s.. 111..,(.4 ar. Shelter nee si improvedfacjlies ,.. -......„ . ... 1 By Jacque Hilburn has only one door. " While the Wylie shelter did not have t Animal rights groups and concerned over-crowding and illness problems of t - , individuals in Wylie began a call for McKinney shelter, the plea for communi ' \-" , ) increased communitysupport G; after over a support comes at a time when emotion Zit " hundred dogs and cats were euthanized at are running high over the deaths the McKinneyanimalof , , ' .7 shelter last week. many animals. Animal rights grout s , Because the McKinney and Wylie shelters believe increased volunteer participatio se "° , l"�J ` were taken over by the SPCA at the same and shelter visibility could avoid a simil:_ time, there was concern that the same fate problem in other communities. awaited animals in the local shelter.jii "The Wylie Shelter was clean and not Mr. Cox emphasized that the mai t t - = overcrowded. We can saythat things problem with Wylie's shelter is not a lac . eof concern by staff employees or are,� iv x didn't look bad, but we're very concerned volunteers, but a lack of fundingand ., • - about the heat," said Warren Cox, SPCA need for a larger volunteer base. Sincet t ;� Executive Director. "We've got to get air- June 21st merger with Humane Society i i conditioning in there real quick." Texas, the SPCA has had an o o # r "The air-conditioning system is broken to evaluate W lie's shelter and° giv1 The the water cooler keeps blowing fuses. suggestions for improvement.- g t �. y [shelter employees] have got cats "The shelter belongs - !Rj , laying on ice picks trying to keep them to the community coo]. The Humane Society Board of Its condition depends upon howmuch Directors took fans over there and were people decide to get involved," said Mr. ;11, '� told, 'This is how it's been,"' said Mr. Cox. We need to find some people to — Cox. lend a helping hand. We've got too many �t "The only way to turn on the air- animals and not enough volunteers. "The average person can donate moneconditioning in the office area is to turn Y. � � off the refrigerator and the computer,"said time, or materials. If people don't have yI - Wylie Shelter Manager Joan Timmons. time or money, they could donate some ?• ` " ylie"Obviouslywe can't turn off the paper towels and some disinfectant for �` cleaning. Office supplies, cleaning refrigerator, so we do without the air." pp >-. The shelter maintains medical supplies for supplies, even flashlights for night work - - teacher at First the animals which must be kept cool. those types of things would be helpful," Debbie Eichenberger,e and Ryann a at "The two big things we need are more said"The Mr.Cox. a Ashley The children, l and in ann Levrierpainted anotherr plugs,u heavy-dutytheth u wall,"n ,said cat shelter can also use waper or,dog theand food, cat litter,s paper towels,dy )und the church parking lot to celebrate Ms. Timmons. She indicated the shelter is comet, bleach, dish ooap, laundry. a potential fire hazard because the buildingdetergent, flea shampoo and powder,. Photo by Jacque Hilburn collars and leashes,"said Ms.Timmons. .st • Priscilla Pearson, President of the Animal r'bution set Rescue Klub (ARK) expressed Waste pickup appreciation for the volunteers and for the vent dedication of Shelter Manager Joan ng Everyone is again encouraged to bring Timmons. Du sacks to distribution sites to carry dates announced "Joan is wonderful. She's the most kind- nds, commodities home in as this will be the hearted person you will ever meet," said gar distribution for May,June,and July. Beginning on Monday, July Sth, Ms. Pearson. "She does good work. If y Browning-Ferris Industries (Be), the she had the right things to work with, )f The commodities will be distributed in: city's trash and recycling contractor, --.d Wylie on Thursday, July 15th at the will perform collection services in the could have one of the best animal shetteri_ Church of Christ-Annex from 9:00-11:00 City of Wylie as follows: residents around,"said orsMs Pearson. �, _ � —e a.m. "The volunteers have gone out living on the Southeast side of money for the spaying tad neute . o Josephine on Monday, July 12th at First Highway 78 will receive trash pickup They just took care of ii :i;emselves,"saiilC Ms. )ud Baptist Chruch from 9:30-11:30 a.m. once a week on Mondays; residents Pon, Princeton on Monday, July 12th at Frist living on the Northwest side of the Wylien shelter we een iheado acted r —, United Methodist from 1:00-3:00 p.m. - Highway;'78 will receive trash volunteers." Plano on Tuesday, July 13th at the _once.a: week on Thursdays; :!: Many shelter animals require medica>v irld ld Senior Citizen Center from 2:00-3:30 p.m. residents ::will receive recycling treatment prior to adoption In addition,iL Blue Ridge on Wednesday, July 14th at pickup once a wee7c ei eft City Hall from 11:00- nesd a.m, ednesdays: rs always e9�ly unP nail for adoptable If you have fur her=gr ilo � ply,. animals to be spayed or neutered. To Farmersville on Wednesday, July 14th call43F1 at 422 2341.is Farmersville Carlisle Community Center achieve both Roals, shelter employees and from 2:00-3:00 p.m. See Animal page 3B 7r * ..... coordinate efforts with local 4` ;- , I,, :i QY: ,1,, # veterinarians to ensure each animal , sw receives proper care and - id medication. In this area, adequate' � " funding is of particular importance. t 3 . C "There are no funds to reimburse kr volunteers for veterinary costs," • , - --$ N? said Mr. Barkes, ARK Treasurer ! .• a , ' " . and volunteer for the old Humane J .: k;,: Society. "I know what a good job - ,,+ lt,:,a Wylie is doing. If the city wants to :,• y I . — help, they need to help build a n : . : t .- i P .® a r aiv: volunteer staff. But it's not an easy �' job." According to many shelter r ' , . ..,.: ' £ volunteers, the building housing the i.' ",;' ' shelter presents a wide array of g r :,t- •. . ia) problems. __ - "The building is the pits to Wylie Shelter Manager Joan Timmons and her son Michael — sanitize," said Mr. Barkes. In the confort one of the many cats available for adoption. Michael has PI winter, they (shelter staff) were assisted his mother at the shelter for the past three summers. . - forced to put the animals outside in• Photo by Jacque Hilburn ,TI the cold while the place was e I cleaned." more adoptable animals to find a in the Wylie community,"he said. er To sanitize the animal area, a home, Mr. Cox indicated that the "Our goal has always been to fins :Y combination of Clorox, soap, and SPCA would be extending the oOd homes for as manyanimals a 12' hot water must be utilized to shelter hours to six to eight per day. g irs destroy germs. However, the The extension will occur as soon as possible. We've not always beet lie in the animal control business. Ou ;lb solution must remain on the surface enough staff can he found to job is to serve and protect,just lik tb for a certain length of time to be operate the facility. They will also police officers,'said Mr.Cox. or effective. For the animal's safety, maintain hours on Saturday. tei they had to be removed from the Mr. Cox suggested that Wylie To achieve all the goals for th, . area. - A larger shelter would residents create a "Friends of the animals, the shelter needs mor _ rvt eliminate the need to expose Shelter" volunteer group. Under community involvement. Man: y animals to outside elements. the direction of the SPCA staff, volunteers believe the Wylie shelte is One big factor that existed in the volunteers could help organize provides a haven for homeles eve McKinney shelter was the amount fund-raisers, plan special events animals and say they will keel — of sickness and overcrowding. and "make exciting things happen fighting to improve the conditions. 9 Overcrowding produces stress and — stress causes illness. For this On The Lake Cade reason, the number of animals brought to a particular location 1 must be limited. "You can't save animals with no } t�� _. n _' place to take them. The more Best L Q�f r�� in, ��!U animalsthat are taken he more Get Bar-B-Que To Go chancee there is for disease," said 4 Mr.Barkes.To reduce overcrowding, the Familyr�. M.r-..�. =, F. • I !b. t;.:liet ;s. I - SPCA has been rescuing adoptable _ t _ w animals out of 14 different area ET:- _ t-`at'to E. -'•'n - shelters and transferring them to ,--,= ; *.f' ' is - �.1.�'! .^1 other shelters. But, according to Mr. Cox, "This is a stop-gap. .s. LI When you're rescuing 20 animals ..,,ram_—.-rr-+=-->„ I.., . " .5! per day, you've got to do • Mexican Food • Brisket something with the next 20 that — come through the door." • Mesquite Smoked Ribs • Catering ,; .- .. ! '= "Nationwide, one-in-ten animals '~- " will be adopted," •said Mr. Cox, • Call in Orders • Private Parties adding, "This is not good, it's not right. Animals need help. Stop this needless waste of life. We're going to do everything we can to adopt as many animals as possible. Even then, there are not enough homes." To provide greater convenience 'n families seekine a pet and allow rrrsm oc 9 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR''ary Nichols DATE REFERENCE NO. SUBJECT - 7/13/93 9 Jim Meara Replat and Rezoning Request for Portion of Westgate Phase SUMMARY OF SUBJECT: - Last meeting, Council closed the public hearing on Mr. Meara's request but tabled action pending an evaluation by city staff of the list of requests Meara presented to the Council. We have attached his requests along with our evaluation. In addition, we've included the information provided in your last packet. We did not reprint the full scale plat and lot layout but reduced copies are included. P&Z recommended approval of the request with the area requirements included in your packet. ALTERNATIVES: (1) Adopt the recommendation of the Planning and Zoning Commission (2) Adopt one of the other alternatives outlined in the attached P&Z agenda notes _ (3) Table action AcTiE4tka5L-cifiDyvould r euomr rend that any mutiun by the CIIutTcii inc'fade bpeci(iCG references to his requests which are being granted or denied. STAFF EVALUATION JULY 9, 1993 RESPONSE TO REQUESTS BY JIM MEARA RELATED TO REPLAT/REZONING REQUEST FOR PORTION OF WESTGATE PHASE ONE REQUEST #1 Regarding the paving of the section of Westgate Way that is owned by the City: The City of Wylie has no plans to pave this portion of the road and could, in fact, as a condition of rep/at approval, require Meara to develop this portion of the road. REQUEST #2 Commitment from the City of Wylie to maintain landscaped area: There are no other areas of town maintained by the City that are not city right-of-way, easement or public property. Common areas is subdivisions should be maintained by the property owner or homeowner's association. REQUEST #3 Installation of Screening Fence: We see no problem with this request. REQUEST #4 Painting of Water Tank: The tank is being suggested for budgeting in the next year's budget. We, at the staff level, cannot guarantee what Council will approve or omit from the budget. REQUEST #5 Relocation of Utilities: The staff will assist in the relocation of the utilities within reason and depending on the amount of work required by our public works department. The city's engineering firm has not compared the plat with the existing utilities and we would hesitate to make a blanket commitment. REQUEST #6 Waiving of Impact Fees: No staff support for this request REQUEST #7 Development Corporation Assistance: this is a decision made exclusively by the Council. However, the Development Corporation has not made a commitment on this issue. • THE MEARA COMPANY 8344 E. R.L. THORNTON FRWY.. SUITE 102 DALLAS. TEXAS 75228 1214)319-7066 FAX*319-7068 June 23 , 1993 Mr. Steve Norwood City Manager - City of Wylie 2000 Highway 78 N. Wylie, TX 75098 RE: P&Z 93-2-Z/FP Dear Mr. Norwood, We are very pleased that the City Council is allowing us an additional two (2) weeks to resolve the outstanding issues regarding the replat of a Portion of Westgate Phase I . At the council meeting on June 22 , 1993 I brought up several issues that I would like to resolve prior to the July 6, 1993 council meeting. #1. Get -a commitment from the City of Wylie to pave the section of Westgate Way that is owned by the Wylie. I have attached an exhibit with the area of Westgate Way that is not paved. #2 . Get a commitment from the City of Wylie to maintain the landscaped area around the monument sign for the Westgate subdivision. We are planning to install a new sign on the monument. #3 . Permission from the City of Wylie to install a screening fence along the front yard area and street area on Lot 1, Block 17 . If approved we will install the fence at our cost to enhance the appeal of the subdivision and also to separate the property from the older farm house that is not in the city limits of Wylie. #4 . A commitment from the City of Wylie to paint the water tank that is located directly behind Westgate subdivision. Page 2 June 23 , 1993 #5 . Finalize contracts with the City of Wylie and TU Electric for the relocation of the existing utilities to fit the new single family lot design. #6 . A commitment from the City of Wylie to either waive the impact fees for the 58 remaining developed lots in Westgate or to stop charging impact fees for the next 12-24 months. The impact fees directly affect the economic viability of converting the lots from duplex units to single family units . Because we own an additional 45 acres of land (Westgate Phases II, III , & IV) adjacent to the 58 lots we would like to preserve the single family characteristics of the neighborhood. Single family housing is by far the most compatible use for the duplex lots and it enhances the property values for the adjacent home owners. We are committed to single family uses provided we can make the economics work. The utility companies (Lone Star Gas, TU Electric, and GTE) have committed over $120, 000. 00 of their money to see that the lots are converted from duplex to single family. We have spent considerable time and money in pursuing a single family use for the site and hope that the City of Wylie can see the merit in assisting us in the conversion of the duplex lots to a single family use. #7 We have been working with the Development Corporation of Wylie and want to complete an agreement with them regarding their participation in advertising or development cost. The Development Corporation is very interested in seeing this project succeed and they are willing to spend money in order to enhance the chances for success of this project. Page 3 June 23 , 1993 We are very committed to getting single family home construction underway in Westgate. We have been able to get financial assistance and commitments from TU Electric, Lone Star Gas, GTE, and Development Corporation of Wylie as well as a commitment from a builder to construct 58 homes in the subdivision. I hope that the City of Wylie will participate with everyone to see that this project vets started. Thank you very much for your time and effort in resolving these issues. Sincerely, ( �%�✓ i Jim Meara Managing Partner FM 3412 Venture cc: George Blackman C.C. Womack 47-..2..7-3 ' .-4. „.19 ! i . „ I ii i , „ kt,i I , , 0, . .... I.- 20 .1 ': 1.' -___ i 20 136 35 I 22 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 21 ••• ..I...- ''.6_'.. os •; ,N.,- L --l- I I <( 4' r-• , - • • • .. • • • • • • • . 0- q eji-r _°1--'. ' . . .. :.:,;.:-. - .., ,., ,. . :.' s:?,sz.-_,,...Ancier•on Lale ( 50' R.O.W. )--) '\ . et, e> • c) ri ;...te..„.,.,......, 13 -..,..,,,z, ,?.. (>oPet9(-). an 1 23 f..4,1 "I • , ;1. 1 i I -=' C • . 410--111----* — --•— - - 25 0. 4-f I 24 • , ' 1 _,177- 18 8 :IA '1 •4 e o ci f 4i 9 10 II 12 13 14 i,.. 11 a 1 2 17 7 ;hi 1 Ilb I 26 _. $ I I 1 3 9 1 ii 0 1 & C) 16 6 9 Ph--—0 ..--...c? — oi li 0 27 1 I1 4 6 • . . -...,-.....................p,,,, 4 D ° 5 28 • i 8 C-I it 1 [ il 4 1 29 ---4) 6 14 .3 / . 4 19 T I- 0 0,e tfillreaageffitisliaY 4,1 RACT 30 III j_, 3 irl 4 I* I 'I 7 a I „ 1 31 i 1 8 1 3, 54 . c.I • a 12 / f 0 ,. • ct 1 --- • • 500r551 28' W ' 33 • 411 10 — --I-1-— I 64, 28. 83 , li 34 \ \ .., •,,wereli: ri:.. 1 I . , , t-e . . • >4 . '', I • = . 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WYLIE PLANNING AND ZONING COMMISSION June 21 , 1993 AGENDA ITEM: P&Z 93-2-Z/FP Hold Public Hearing and Consider Recommending Approval of a Change in Zoning from Multi-family to PD Planned Development and a Replat of a Portion of Westgate Phase I SUBMITTED BY: Mary Nichols, City Secretary REQUESTED BY: Jim Meara, FM3412 Venture BACKGROUND INFORMATION: P&Z 93-2-Z/FP Mr. Jim Meara, FM-3412 Venture, has submitted a replat request for a portion of Westgate Phase I. This portion of Westgate was originally platted for 76 duplex (2-F) lots. Streets, alleys, and utilities are all in place for this portion of the subdivison. Mr. Meara has purchased the property, secured a builder to develop single family homes and requested a change in zoning. However, a couple of development issues exist as a result of the lots being previously platted: * The existing lot depths average 108 to 110 feet - SF-1 , and SF-2 require 120 foot minimum lot depths. SF-3 requires only 100 feet. * The minimum dwelling footage requirements in our zoning categories are: SF-1 = 1800 sq.ft. SF-2 = 1500 sq.ft. SF-3 = 1100 sq.ft. Mr. Meara proposes a minimum dwelling size of 1450 sq. ft. With the lot depths already established by the streets and alleys, the only single family zoning category that will accommodate the depths and a 1450 sq. ft. minimum is SF-3 zoning. However, SF-3 also requires a minimum 7200 sq.ft. lot, minimum 6 ft. side yard setbacks, minimum 25 ft. front yard setback, 25 foot rear yard, and a lot width of at least 60 feet. The applicant proposes to plat 48 single family lots. In order to meet all of the minimum setbacks in SF-3, he must reduce his number of lots by four. The applicant does not believe this would be an acceptable number of lots to the builder. He also prefers the 1450 sq.ft. dwelling minimum to the 1100 sq.ft. allowed in SF-3. Mr. Meara's proposal is to rezone the portion of Westgate Phase I that he is replatting to "PD" Planned Development with a single family land use and area requirements that will allow larger homes (1450 square feet to 2000 square feet) on lots averaging 6800 square feet to 7200 square feet. While this is not the typical purpose for Planned Development zoning, our zoning ordinance does define one of the purposes for a PD as "to permit growth flexibility in the use and design of land and buildings in situations where modification of specific provisions of the ordinance does not conflict with the intent of the ordinance, is not inconsistent with the planning on which it is based, and will not be harmful to the neighborhood." There are several options available to the Commission and Council for solving Mr. Meara's development problems: (1) approve "PD" zoning with "SF-1", "SF-2", or "SF-3" single family land use and area requirements that will accommodate the replat with 48 homes. Should the Commission consider this option, a list of proposed area requirements is attached. (2) zone the property "SF-3" and require the applicant to either reduce the number of lots from 48 to 44 in order to meet area requirements or apply to the Board of Adjustments for variances on just those lots that will not meet setback requirements We have advertised in such a way that the Commission and Council can approve either"SF-1", "SF-2", "SF-3" or Planned Development with single family land use. There were 93 public notices mailed to residents within Westgate Phase 1 . Responses are attached. All seem to favor single family land use. Attached are copies of the replat as well as the previous plat and lot pad layout. Mr. Meara will be here Monday night to answer questions. /FP \ Tivicem arrommonnnt Sink. flitE..604 \ \ r. 2 i \ o --1 • \ \ 1 z -ri ` \ _.. -n 171 D \\ \ 1 Dr \ I CITY 0 F^—\ `\ ", L L.,, z WYLI E \ 0 0.9027 AC. 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JM MI IbWLl24t!,u n _ W - ' •.. , 29 11 , • eh PROPOSED AREA REQUIREMENTS WESTGATE PLANNED DEVELOPMENT p,d ,o_k c, -Lots-1 , 7, 8, and 9, Westgate Phase APPROVED LAND USE Single Family Detached MINIMUM FRONT SETBACK 20 Feet MINIMUM SIDE SETBACK 5 Feet MINIMUM SIDE SETBACK ADJACENT TO STREET 15 Feet MINIMUM SIDE SETBACK ADJACENT TO STREET 10 Feet FOR SPECIFIED LOTS: BLOCK 1 , LOT 19 BLOCK 7, LOTS 15 AND 28 BLOCK 8, LOTS 1 , 6, 7, AND 12 BLOCK 9, LOTS 1 , 6, 11 AND 13 MINIMUM REAR SETBACK 20 Feet MINIMUM REAR SETBACK FOR SPECIFIED LOTS BLOCK 9, LOT 13 6 Feet BLOCK 9, LOT 11 10 Feet MINIMUM DWELLING SIZE 1450 Square Feet MINIMUM LOT SIZE 6200 Square Feet MINIMUM LOT WIDTH 58 Feet at Building Line MINIMUM LOT DEPTH 100 Feet MINIMUM MASONRY EXTERIOR FACADE 75 Percent MINIMUM OFF-STREET PARKING Two Covered and Enclosed MAXIMUM HEIGHT 30 Feet MAXIMUM ACCESSORY BUILDING HEIGHT 15 Feet ZONED. SF-3 L 13'1 MS'1.1.I L.74W441•01 SLR. / _ ia� 3r-gA j, CR „� 1128R g 27R 26R R 25R R 24R 23R 22R I� 21R R ZOR ' 19R t!R R 1TR 16R / \`,•\ [ wa I swe C .ro WO we «e «e 14 wo «e cs we we +.a - 1 SR ' /1 / 1 IF ffi3 / a� a / i �� p� / /�/ 21R ,,..VT JJRH IR rr11P7P 'T7 -sue ZONED. SF-3 ..n mart , .... ;�I , .a. rl C 71 p I 9R 1 , tOR_/ti ' 2R 1 t! 11 R I y 5R I i 1 / / e pR : µ° I Yi I i 1 III 1 =aa I_�— --_ sr=li__ `" / `,\ .,.. Yam-.. 3R I i I aJ (I > ' 111 I - " I 1 11R /' �tRfl'oESC�Si76 RED.1s T.a.7 i �,aR �-I 'i 32R a�ar.,ii':awa�r _a.w..4.tn�.. J ZONED. SF-3 . 1 i 9R F a« ( / /' aconw..r�...c w..t .�co.-"raw ..`, . srnR k i _ 1 i 1 1 :aaC I /' 1F, .313 '�ict± I a..e �' a« 2R i >, I /, 1 26R I 1 •�\ �i _/� am �J - a V w3'� ""I 6R :7_1 i ,;; ' e `�IR J '^ <1/ LOT PAD EXHIBIT "" 1 % WESTGATE •. 1. AnJ ..J r� FOR �- � \ '��_ PHASE 1 +\`�\/Y 2tn�11 ��y•`J'. .j/ �. 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'�' i aarr•n!r rare' acr•Lt a' _- r •r..•ro ND"NI a.eas' r ru• •t•� o.a«napes t" _..._. ! I•. `-" i �.�.r._ � . L C.D..N..w 11•a•.7.Abstract Mr.MU j;?t ,.;':'O tray.r rstt.,cw».c..rts. • -.-- .................... +.........1 ! iCfIi1Ce1/J2fT16pr1LASSOCWCGII:.C- J ie CITY OF WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: 1. Jr kV/ L 41: ,4 5 �/4iri y ,Z n/i.rl ?L-•/d- /i✓ e-e. t/��r��;�✓� 7f/ 'TiL - L-c,rS /.d 7A' ,4 ••j 2. 3. • Signature Printed Name /714,'�� 4E/,'4/.r/ Address/or />bar� L✓ TX 7.129P *0 ie CITY OF wYLIE 2000 HWY.78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, .June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase ! to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: X, I am in favor of the proposed change for the following reasons: 2. VP /friTetvn,7-zaiik., ."424,e,Les-2,tfryzgiz,7/— 41/144,-,4"1-di, 3./ � � 4 iL2,�� .ram car Signatured, e, Printed Name /e4-eL£f flu, a£ .�- Address N egief?i A-6 1-OS F (A)( Y *, • ie CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F' multifamily to either "PD" w Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: C,L ...1.1n...d+t �' ��Ll� r...f,'�f .�C�... _..��.V_k. .� _ x. 4 �.1' Cv C%LK 8, ( l.(.�F c4 O�,tif.t(� � ^ , �i a ( -<. �_�� l i 3. Signature (Jai-Ltd L-22), Printed Name ��TsV M: !`4wq/aiT Address ,=1 1Ivei #1e CITY OP' WY-LIE 2000 HWY.78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, .June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission ncil your opinion in writing re ardin this matter by returning the form below to: a ich C� Secretary. P.O_ Box.428, Wylie, TX 7509 . - Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: X I am in favor of the proposed change for the following reasons: 1. Ex P R N S I O IL c3-F- Res I Dv\T 6 Pt S e — la C i N n w to--I 6 14BM S 2. De 02,LOP PAS NYT o4 IiSE c-Ess N(2-EA • 3. (,)!WEN i Z-Y KNoc ujT wASC ApSGfLEu) Dcd P 1N6 S LD-f LA)E R Signature1 Printed Name TCD .77 U66 I-I I/U S Address ! i(o P U U._!yt A A) P l•L�C •750Qg ' pe CITY OF WYLIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: 1. r=(1-01 47 ra-k 77`sr �e �z �%�Mz.�7 �-,�v 4r Pe,a L 0h 77-a ,v t�6:://-ow' 004, w 2. 3. Signature E t Printed Name `i//t.(;V& R, 161/44, Address be 7 /4A/Dh724 OA VI Lit,t=" wy 14 TA 79)945' ' itior 00 CITY OP' WYLIE 2000 HWY.78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block •- 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: \,/ I am in favor of the proposed ro p p change for the follov�ng reasons: 1 V� u-�( �'1Qo �_V4 .SYr� } (�� (AU-: 9 66 2. ol;,Gcyl_ Q- r_tt 1,1C li t p-u-k ( i' \KAkprr.Q i= .4A. 19a c& • 3. j Pka 0-10-Q • ) tLAJ tThlb Use t S t� Cf) t 1,o ., Signature Printed Name `Cc c9 t�US n Address ,SeL>--)3 i\ P,CZINOvIr.�P, * ' 18 CITY OF WYLIL 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. _.., Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: 1./-* I am in favor of the proposed change for the following reasons: 1. DA)/ 7 ��%,+�� s 9c«�7,��c moo,€ 77hls 7 i 3. Signature Printed Name STUART ALLISON 614 NICKELVILLE LN. Address VN1'LIE,TX 75098 .40 1e CITY OP` WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21. 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block - 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. - Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: /. ... 1 Pr�,` �i%tr,,�Q_- /�rCr►v J c,t.r5 (� /7r�r I'�iY .�s 2. ,;il-vi)v t/C Z"rt Q c�.� 7i ,./r9/s r.e 3. /4/"�ti ,-7 i�, ram. a (7ssft- /n c crrm2_ 7y/7 C corn•0u4-n,i !L (%AC/ Signature u D c 14/r e_ Printed Name Address /,/ 7 04 /-��1-� >>cs€ L1 u C.S Gt.(c (7s /-t,�/� , / J (3,&' de CITY OF v L.i 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC HEARING NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 o'clock P.M. on the 7th day of June, 1993 and the Wylie City Council will hold a " Public Hearing at 7:00 o'clock on the 8th day of June, 1993 in the Council Chambers at the City of Wylie Municipal Complex. 2000 Highway 78 North, Wylie, Texas at the request of The Meara Corporation for a Replat and Zoning change from 2-F (Two Family) to P.D. (Planned Development) on the following described property: A portion of Westgate Subdivision, Phase I, located in the E.C. Davidson Survey, Abstract Number 266, Blocks 1, 7, 8 & 9. As an interested property owner, it is important that you attend this hearing or notify the Commission / Council of your feelings in regard to the matter by returning the form below. City of ylie, Texas The following form may be filled out and returned as soon as possible to the City of Wylie, Community Development Department, P.O. Box 428 Wylie, Texas 75098. I am in favor of the request for the reasons listed below. y C' S - I am opposed tot he request for the reasons listed below. 1. T'ALIPIAPv^Ae 7 - PD. r. !►2a4. 4 7.4,3 CAA/14144) AtArIU. v tn, 0-�n- (� OG lei kAuvo 4,47 IL Lute. • t-u-t-- Z ° ,L izao 'fn�na; , Address: C9Qo7 4„e.; _ (J 6 *or' ie CITY OF WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:UU p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: — 1. I ,, r \ 1 1 5`, - _L.` 1.-)4, -4 A t _>p; r_ "7 A 63\t C Gt n t.>.\t N1 ,1 v C`� 2. l ' rt) f 1 3 i1 Q ( vv/(\vvr r`,V 3. Signature N,)\,1C1k tiv(r �L Printed Name n ) tAt ) otom, Z11 tir` Address \ t.‘ -'v< <v h_;t),_, —)t_fy c /,, r1I1 \ � SO� 6 #1e CITY OF WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, June 21, 1993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-F" multifamily to either "PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. - Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: i/ I am in favor of the proposed change for the following reasons: - 1. Arc in /0' 1JJ,7L/ proof./ ir llr; / 47lA<1,27'/j'iyi71- /f) A�� 2. =�cv�� iff,'/�ci '� /� /_1 lei/ic i , / i? C_.% i J 141/�'L I. q5. p5C i1 l( 'C,.2/ C1 it14h �'r cI f v ��_�.•/-'C3. �_Ncovr ; c�> �r�� /, �;c ,-'�,�7�tI� �.,�� i0%� midi- G4;, y :55 ; Signature Printed Name /6/CY Address << O Al. C/g7, //UGC �/OUSL CITY OP' WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 PUBLIC NOTICE The Wylie Planning and Zoning Commission will hold a public hearing at 6:30 p.m. on Monday, Julie 21, i 993 and the Wylie City Council will hold a public hearing at 7:00 p.m. on Tuesday, June 22, 1993 at the Wylie Municipal Complex, 2000 Hwy 78 North to consider the following: (1) a request from Jim Meara for a replat of a portion of Westgate Phase I to combine existing "2-F" multifamily lots into larger single family lots including lots 19-34 Block 1, Lots 15-36 Block 2, Lots 1-18 Block 8, and Lots 9-20 Block 9 and a change in zoning from "2-P' multifamily to either"PD" Planned Development or "SF-3", "SF-2", or "SF-1" Single Family Zoning on said lots described above. Please give the Commission and Council your opinion in writing regarding this matter by returning the form below to: Mary Nichols, City Secretary, P.O. Box 428, Wylie, TX 75098. Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: ✓ I am in favor of the proposed change for the following reasons: 1 S n4J �YY)r'/y 2©ninc� only L I 2. 3. Signature P. Printed Name QS• Hold E-(2-n eg S Address 1 D) PI,(,CLYY an P 1 . • Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: t/ I am in favor of the ro osed change for th e P g following reasons: 1. cViNkt\o ,. I \\ ,\I'a \;•*.t''N C‘q_cz-\\-4%,.\\\e_ (\S 2. '`� 3. Signature Printed Name �,\ . _ck\-- Pt Lt.-A � `1 Address` 0t1 '� .. �� C�O‘4,5e-VA-`/ Regarding Case #PZ 93-2-Z/FP I am opposed to the proposed change for the following reasons: I am in favor of the proposed change for the following reasons: 1. f y /ye e c/ V() 74 7/ 06/7/- m ore. )4 7c;,m4' o� 2. rep d L5 mq >` er. . L AJovlcL /X.e., 3. 91V see S/n5l>✓ `ate( ' h ovs/ nj by/'/7L s.�,./Rc 740 try 'co .jace b s ,fie e Co, 7- Signature Printed Name n e_ �j/Ker Address Ver5oi'u4 //< The following form may be filled out and returned as soon as possible to the City of Wylie, Community Development Department, P.O. Box 428 Wylie, Texas 75098. / I am in favor of the request for the reasons listed below. / I am opposed tot he request for the reasons listed below. 1. f1&0E iG 'JZo4 7Z)o r4-07/4.y T . S'i L 6 r /h y 2 o pposCr) ,�p� l�l g c;L �� fiC dsl• r cal Lt 3jeop ajc- /1-01;n 2U 04� v /5 Signature Kass ��o� �- A� 7-6..17-e A' ' Address: 4OO 6 �J�y Regarding Case #PZ 93-2-Z/FP / I am opposed to the proposed change for the following reasons: v I am in favor of the proposed change for the following reasons: ruz: evc Ag__AzoL ikAt-ctid_ elteLL 1. o.1,6kBee 2. YI.Qh 3. oce- '21-1/ -t Signature / l - Arted-eil_e Printed Name A .; �T 71t-i\W/E4 Address 169 ri 4(1.61161A)�� _', NOc10 City of Wylie AGENDA COMMUNICATION 10F Legal . :Steven P. Deiter SUBMITTED BY: DIRECTO DATE REFERENCE NO. SUBJECT 7/9/93 Selection of Architect/Firm for Public Works Building Design and Construction SUMMARY OF SUBJECT: The staff has ben involved in the process of selecting an architectural firm to coordinate the design and construction of the City's new public works facility. The process is now before Council for approval or selection of a firm. Further information concerning the firm(s) under consideration and recommendations of staff are not available at packet deadline but will be provided to Council prior to meeting. ALTERNATIVES: (1) Approve Architectural firm for design and construction of public works facility (2) Delay approval pending receipt of further information as Council may desire ` ( b4A11- d& y64(erdij ACTION REQUESTED: Staff is recommending that Council approve a firm but, as noted above, is unable to make a recommendation as to which firm at this.time. MEMORANDUM TO: City Council 111 . �. y FRO M:: Steve Defter SUBJECT: Selectio of Architect/Firm For Public Works Building Design and Construction DATE: July 9, 199 The staff has been involved in the process of selecting an architectural firm to coordinate • the design and construction of the City's new public works facility. Unfortunately those persons who have been most involved in the process are not available today (agenda packet deadline) to author a more informative communication on the subject. I understand that a firm or firms will be interviewed on Monday and the staff will have a recommendation for the Council by Tuesdays Council meeting. My involvement has been to review the proposed contract between the City and the Architects. The standard form used by most, if not all, Architects is the "AIA Document B 141". I have reviewed the form submitted by Hatfield Crookless Architects, Inc. and will be discussing proposed changes to the form with the firm. The aforesaid standard agreement is something like dealing with railroad (sorry Mayor) or Federal Government contracts, in that it is very one sided and provides very little obligation on the part of proponent (the Architects) and even less protection for the City on the other hand. The revisions I will be suggesting will tip the scales back more toward an even balance. The revisions are somewhat detailed and as a consequence may not be completely hashed out and accepted by the Architects by the time of Tuesday's Council meeting. Therefore the Council may want to consider approval of the architectural firm (as presented by staff) and authorize execution of the Agreement on terms as approved by staff. This would allow the matter to move on instead of being delayed to the next Council meeting pending full agreement on all modification terms. I will have a copy of the standard contract and the requested modifications available on Monday should any of you desire to review the same. cc: Steve Norwood Jim Holcomb Brady Snellgrove 1 iTE N0c, 11 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTO„Mary Nichols DATE REFERENCE NO. SUBJECT 7/13/93 11 Award of Bids SUMMARY OF SUBJECT: Bids were opened on Friday and we will prepare a tabulation and recommendation to be forwarded under separate cover. ALTERNATIVES: (A-ee ACTION REQUESTED: R 1. ITEM NOc City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOF t. ' C • DATE REFERENCE NO. SUBJECT 1 7/9/93 aN Amendments to Subdivision Regulations SUMMARY OF SUBJECT: Several bugs and clean up type items have been identified in the City's recently (March 93) enacted - subdivision regulations. The amendments have been specified and will be put into ordinance for Council's consideration and adoption, but do not exist in written form as of this date. The amendments will be provided prior to Tuesdays meeting. The clean up is necessary to insure that the regulations function properly as they are administered by staff to accomplish their stated purpose ALTERNATIVES: (1) Passage of Ordinance adopting proposed amendments to Subdivision Regulations (2) Passage of Ordinance adopting amendments, as deemed appropriate byCouncil, to Subdivision Regulations j (3) Take no actions to amend subdivision regulations and allow existing regulations to stand ACTION REQUESTED: / I 1 I would recommend that the Council adopt an ordinance enactingproposed p p sed amendments to the subdivision regulations. MEMORANDUM TO: City Council , FROM: Steve Deiter SUBJECT: Modifications to Subdivision Ordinance DATE: July 9, 1993 The Council will recall enactment of a complete revision of the City's Subdivision Regulations at its March 23, 1993 meeting. The regulations were enacted in the form of an ordinance which incorporated the regulations themselve which were in a booklet format. I was not made privy to any of the revisions or a copy of the regulations until the Wednesday (March 17) and was in Houston at an Employment Law Seminar on Thursday through Saturday. This left me with about a day and a half to review the 60 plus page document. Since adoption of the regulation was already on the agenda and there seemed to be some urgency in getting the regulations in place I only gave the regulations a cursory review. In making the summary review I found no glaring or overriding problems with the proposed regulations and therefore did not raise any objections to their being adopted. I did so with the intent of giving them a complete detailed review at a later date. Even though this was a decision I made with the best interest of the City in mind it is one which I now regret and will not repeat if a similar situation arises in the future. Following adoption of the regulations, each time I had occasion to consult them I found many areas which were not well coordinated, missing certain required portions, and were otherwise hard to understand and implement. Consequently I embarked on a detailed review of the regulations analyzing each paragraph and section and working through how each section effected other areas of the regulations. This procedure was very time consuming (approximately 30 hours of my time) which, as noted above is the reason it was not done on a pre-adoption basis. I have communicated my comments and concerns to Joe Carter, of Shimek, Jacobs and Finklea, who was the engineer in charge of preparation of the regulations. He has gone over my suggestions and has proposed changes to the regulations which deal with the concerns and problems which I raised. 1 I am scheduled to meet with him to go over the changes this afternoon at 3 o'clock which will not allow placing of the changes in the agenda packet. Nontheless, the matter is on the agenda for Tuesday's meeting under the general category of amendments to the subdivision ordinance. I anticipate having a draft of the amendments by late Monday or early Tuesday. By placment of the issue on the agenda the Council will have the opportunity to adopt the changes on the recommendation of staff and the engineer by passage of an ordinance amending the regulations. On the other hand if the Council desires to personally review and read the changes prior to taking action, it still has the option of tabling enactment of the amendments to the next council meeting. I have a copy of the written notes and comments which I provided to the engineer but have not forwarded the same with this communication as it is approximately 20 pages. I would be happy to provide a copy in the event any of the Council members should so desire. I note also that the Shimek, Jacobs & Finklea firm is one of those which the Council will be considering to serve as the City's Engineering firm. Although the subdivision regulations as originally presented were not entirely acceptable, I believe that deficiencies in the regulations were more a result of lack of coordination of efforts, rather that a negative reflection of the firms professional capabilities. I have found them to be very responsive and pleasant to work with in discussing and making the necessary revisions. I mention all of this to avoid the situation where the firm might not receive due consideration as a result of this prior work, if they were otherwise qualified. Thank you for your attention. cc: Steve Norwood 2 • I77EMT NO „ 13 City of Wylie AGENDA COMMUNICATION CT SUBMITTED BY: Legal DIRE evcn P. Dcitcr A DATE REFERENCE NO. SUBJECT 7/9/93 13 Selection and Appointment of Alternate Municipal Judge 1—SUMMARY OF SUBJECT: ISuzanne Marsh whom the Council appoint as Municipal Court Judge at its last meeting will be submitting a name(s) for Council's consideration to appoint as alternate Municipal Court Judge. The alternates will serve in the absence of Judge Marsh. If Council approves an altemate(s) it would not be necessary to do so each time Judge Marsh is absent. The names will be provided to the Council prior to Tuesday's meeting but are unavailable as of this date. ALTERNATIVES: (1) Appoint person(s) suggested by Judge Marsh as Alternate Municipal Court Judge - (2) Appoint such other person(s), as deemed appropriate by the Council, as Alternate Municipal Court Judge ACTION REQUESTED: 1 I would recommend that the Council follow alternative (1) , approval of persons suggested by Judge Marsh, as it would allow the Judge to have persons whom she is familiar with occupying her seat in the event of her absence. MEMORANDUM TO: City Council FROM: Steve Deiter As iOpp" SUBJECT: Appointment of Alternate Municipal .,dge(s) DATE: July 9, 1993 When the Suzanne Marsh was interviewed by the Council for the position of Municipal Judge she advised that she would be unavailable to conduct the appearance docket already scheduled for July 20, 1993. I believe she has to be in Ohio on family probate business. Subsequent to here appointment as Judge Mrs. Marsh has been sworn in and is now serving as the Municipal Judge. In discussing the July 20 date with her she advised that her preference would be to have someone chosen by her to act as an alternate. It makes sense to me that the person ultimately responsible for Municipal Court(the Judge)would want their substitute to be someone with whom they were familiar. She correctly noted that such an alternate would have to be appointed by the Council and noted that the July 13 meeting would be the last opportunity before July 20 to make such an appointment. She was to check with a couple of person who she had in mind and give me their names this week. However, she had emergency surgery over the July 4 weekend and has not gotten back to me at this time. I have requested that the matter be left on the agenda on the hope that she will be able to provide the name(s) prior to the Council meeting on Tuesday. In the event the name(s) are provided the Council will have the opportunity to appoint the designee as alternates, assuming the Council deems them acceptable and does not require further background. I will attempt to have general information available to the Council on any names which are provided and considered. cc: Steve Norwood Hon. Suzanne Marsh 1