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03-09-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, March 9, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 • Proclamation "Girl Scouts Week" March 7th- 13`h. • Proclamation"Kiwanis" ::: ::.::.;tt.:::::s;,itt- :...... ,.:.. .... on � r,outi lh ::C ty Coi ncil a it lw f :ena4t by': �: n egt::tL en o;al'�:�Qn�E�e�e�#�:.b� ::::: :�3� �.;;:.;: ..::::::::::::::::::::.;;:.;:.;:-:;:.:;:::::.:::::::::;::::.;:;:.;;;:.:;.:::.. l.ma 1�ted:noeler:tlte:�� �:.:: g :� ::: ..:::::::: .. .:.:::::::::.:...:......:. ::>:: :tt :tr :T.;erw:i...:lio:.;...;.:.;;.:::..:; a. ............siol ,o :;: u ::: d::that::atem:::will:be:;removed ;d trrt�...: . re.wx�.not:h�:se . . fr40.(aterif(se*Ai�c.40:aAn�*iii;bg:; Oc#.et!•td:: :.: dY.0 :...................................................................................................................:.. A. Approval of the Minutes from the Regular Meeting of February 24,2004. B. Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 15, 2004 General Election and the inclusion of East Fork Water District in the Joint Election Agreement between WISD, Collin County Community College District and the City of Wylie. C. Consider and act upon authorizing the City Manager to execute Amendment No. 1 to Birkhoff, Hendricks & Conway, L.L.P., Consulting Engineers, in the amount of $17,000 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. D. Consider and act upon a Preliminary Plat for the American National Bank Addition No. 2, being all of a certain 1.730 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being comprised of two lots described in a deed to American National Bank, recorded in Volume 4497, Page 1611 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey,Abstract No.266,City of Wylie,Collin County,Texas. E. Consider and act upon a Final Plat for the Inwood National Bank Addition, Lot 1A-R, Block 3, Provident Bank Addition, being all of a certain 1.622 acre tract of land, located at 120 S. Jackson Street, as described in deeds to Inwood National Bank as recorded in Cabinet N, Page 443 and CC# 94-0096329 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the S. B. Shelby Survey,Abstract No. 820,City of Wylie,Collin County, Texas. F. Discuss and consider request from the Wylie Preparatory Academy to have a fundraiser carnival at Olde City Park and the Bart Peddicord on May 1, 2004. In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 5th day of March,2004 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Te s Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also p d to the City W lie Website at www.ci.wylie.tx.us Carole Ehrlich,City S Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. B. March 9, 2004 Issue Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 15, 2004 General Election and the inclusion of East Fork Water District in the Joint Election Agreement between WISD, Collin County Community College District and the City of Wylie. Background For the last eight years the Collin County Elections Administration has been contracted to conduct the Municipal Elections. The Collin County Elections Office has detailed the responsibilities of all entities within the contract and staff has reviewed and found that with the exception of cost, it remains the same as in previous years. City staff has been very pleased with the professional and timely manner of the services provided by the Elections Administrator and staff. By conducting jointly with other entities we are able to conduct a cost efficient election by sharing expenses. East Fork Water District has requested inclusion in the joint election agreement and has agreed to share in the cost for the May 15, 2004 election. Financial Consideration The proposed contract states that the estimated contract expense for the 2004 election will be $5,516.15. The joint election will be between the City, WISD, Collin County Community College District and East Fork Water District. Estimated costs are subject to each entity holding their election. There is a provision in the contract that will allow the City to cancel their election pursuant to Section 2.053 (unopposed candidate) of the Texas Election Code, with the City only paying a $75.00 administrative fee. Funds are budgeted to cover the above estimated costs along with a runoff election if necessary. Other Consideration Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants. Staff Recommendation Staff recommends approval of East Fork Water District joining the joint election agreement and approval of the contract with CCEA. Attachments County Elections Contract Prepared by Reviewed by Finance City Manager Approval May 15, 2004 Joint General Election Contract for Election Services City of Wylie and Wylie ISD May 15, 2004 Joint General Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of the City and School District III Cost of Services IV Joint Election Agreement V General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Polling Locations Exhibit C Cost of Services Exhibit D Joint Election Agreement I1-cry15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY - SCHOOL WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the"SCHOOL DISTRICT," and SHARON ROWE, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 15, 2004, Joint General Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: L DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the balloting board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. I1-cry15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 3 b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar) to be held Thursday, May 12, 2004, at the Collin County 380 Courts Building, Central Jury Room, 1800 N. Graves, McKinney, Texas at 2:00 P.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud, Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $10.00 per hour for services rendered. Each alternate judge and clerk shall receive $8.00 per hour for services rendered. B. The Contracting Officer shall procure, prepare, and distribute ballots, frames (ballot pages), election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place, in lieu of alphabetic by each precinct in each polling place. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. I1-cry15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 4 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs, a curbside voting cart and tote boxes. 2. Supplies include smart cards, sample ballots, early voting mail ballots, pens, tape, markers, etc. C. The Contracting Officer, Sharon Rowe, shall be appointed the Chief Deputy Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 15, 2004, Joint General Election shall be conducted during the time period and at the locations listed in Exhibit"A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the I1-cry15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 5 Contracting Officer. The Board shall meet for preparation of the early voting ballots on Wednesday, May 12, 2004, at 9:00 A.M. They will recess and continue the preparation process and begin tabulation after the mail is received on Saturday, May 15, 2004, at 2:00 P.M. They will reconvene to process provisional ballots and late mail ballots from outside the country on Tuesday, May 18, 2004 at 9:00. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the polling locations. The Election Day polling locations are listed in Exhibit "B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty Seals and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Thursday, May 13, 2004, at 2:00 P.M., by the Contracting Officer. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with new law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. Ilcrj-1 S, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 6 e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 60 days. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded 60 days after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this 60-day retention period. Pending no litigation and if the City or School District does not request the lists, the Contracting Officer shall destroy them 90 days after the election. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. IL DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices,justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City and School District shall deliver to the Contracting Officer as soon as possible, but no later than Friday, March 26, 2004, the official Ilcrj-1 S, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 7 wording for the City and School District's May 15, 2004, Joint General Election. b. The City and School District shall approve the "blue line" ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. F. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit "C" for required services. G. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, March 26, 2004. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2010 Redbud Blvd., Suite 102 McKinney, Texas 75069 ATTN: Patty Seals, Deputy Elections Administrator H. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit "C." IV. JOINT ELECTION AGREEMENT. See Exhibit "D." I1-cry15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 8 V. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 15, 2004, Joint General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancels their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of$75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 15, 2004, Joint General Election. All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 15, 2004, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. I1-cry15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 9 WITNESS BY MY HAND THIS THE DAY OF , 2004. Sharon Rowe Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS THE 9th DAY OF March, 2004. Attested: Carole Ehrlich John Mondy, Mayor City Secretary City of Wylie, Texas City of Wylie, Texas WITNESS BY MY HAND THIS THE DAY OF , 2004. Attested: Diana Hibbitts, Secretary Brian Miller, Assistant Superintendant Wylie Independent School District Wylie Independent School District Wylie, Texas Wylie, Texas I1-cry15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 10 Exhibit"A" MAY 15, 2004, JOINT GENERAL ELECTION City of Wylie and Wylie ISD Early Voting Locations and Hours POLLING PLACE ADDRESS CITY Collin County Election Department 2010 Redbud Blvd. #102 McKinney (Main Early Voting Location) Wylie Municipal Complex 2000 N. Hwy. 78 Wylie Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 25 April 26 April 27 April 28 April 29 April 30 allay 1 8am-5pm 8am-5pm 8am-5pm 8am-5pm allay 2 allay 3 llay 4 llay 5 llay 6 allay 7 allay 8 8am-5pm 8am-5pm 8am-5pm 8am-7pm 8am-5pm allay 9 allay 10 May 11 _llay 12 allay 13 Icey 14 May15 8am-5pm 8am-5pm Election Day 7am-7pm _\Iaj-15, 2004,Joint General Election TT ylie City and ISD 3 6 2008 Page 1 1 Exhibit"B" MAY 15, 2004, JOINT GENERAL ELECTION City of Wylie and Wylie ISD Election Day Polling Locations Polling Place Collin County Voting Address City Precincts Southfork Mobile Home Park 153, 159 216 Southfork Blvd. Wylie Wylie Bible Church 27, 33, 41, 56, 83, 133 109 W. Jefferson Wylie 11(1315, 2004,Joint Geneem i Election Ti ylie City and ISD 3 6 2008 Page 12 JOINT ELECTION AGREEMENT between The City Council of the City of Wylie(the City), the Board of Trustees of the Wylie Independent School District (the School),and the Board of Trustees of the Collin County Community College District(the College),and East Fork Water District(the District). BY THE TERMS OF THIS AGREEMENT,the City, the School, the College,and the District do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election to be held on Saturday,May 15, 2004. All entities have contracted with the Collin County Elections Administrator(Elections Administrator)to perform various duties and responsibilities on behalf of the four entities. The four entities shall share equally in the expense of the polling locations,election officials, supplies,ballots and other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting the May 15, 2004 Joint General Election. APPROVED BY THE BOARD OF TRUSTEES FOR THE COLLIN COUNTY COMMUNITY COLLEGE DISTRICT in its meeting held the day of 2004 and executed by its authorized representative. COLLIN COUNTY COMMUNITY COLLEGE DISTRICT By: Attest: Can A. Israel,President Dr. Belinda Newman,Election Secretary Approve by the City Council of the City of Wylie,Texas in its meeting held the 9th day of March , 2004 and executed by its authorized representative. By: Attest: Eric Hogue,Mayor Pro Tem Carole Ehrlich, City Secretary Approved by the Trustees of the Wylie Independent School District in its meeting held the day of . 2004 and executed by its authorized representative. By: Attest: Approved by the Trustees of the East Fork Water District in its meeting held the day of . 2004 and executed by its authorized representative. By: Attest: WYLIE CITY COUNCIL AGENDA ITEM NO. C. March 9, 2003 Issue Consider and act upon authorizing the City Manager to execute Amendment No. 1 to Birkhoff, Hendricks & Conway, L.L.P., Consulting Engineers, in the amount of$17,000 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. Background The engineering contract for the Alains Drive paving project was awarded to Birkhoff, Hendricks, & Conway, L.L.P. in March 2001. Woodbridge has submitted preliminary engineering plans for their first phase of development located generally south of Alanis and west of Ballard Ave. To provide adequate water service to the development,the existing 8-inch water line in Alanis must be upgraded to a 12-inch water line. The amendment to the engineering contract includes the design of the 12-inch water line,and also includes an increase in the right-of-way acquisition assistance due to changes in the alignment and the preparation of additional right-of-way documents. A decrease in the cost of the signalization plans is also reflected in the amendment. Financial Considerations S3,700,000 was funded for the project in the 1999 Bond program. The revised contract amount for the design of the paving project and the water line is $357,800. To date, approximately $582,900 has been spent on the project and includes right-of-way acquisition to date. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Authorize the City Manager to execute and award a contract to Birkhoff,Hendricks,&Conway,L.L.P., Consulting Engineers, in the amount of$17,000 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. Attachments Engineering services agreement from Birkhoff, Hendricks, & Conway, L.L.P., Consulting Engineers. Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. F. March 9, 2004 Issue Consider and act upon a Preliminary Plat for the American National Bank Addition No.2,being all of a certain 1.730 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being comprised of two lots described in a deed to American National Bank, recorded in Volume 4497, Page 1611 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 2 lots totaling 1.730 acres. Lot 1 is 1.390 acres in size and will be developed in the future for as yet undetermined retail uses.. Lot 2 is 0.340 acre in size and will be developed immediately as the American National Bank automated teller machine (ATM) facility. Joint access is provided between the two lots. A Site Plan for the self-storage was approved at the Februaryl7, 2004 Planning and Zoning Commission meeting. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that park dedication fees must be paid prior to filing of a final plat for this property and development impact fees must be paid prior to issuance of a building permit. Other Considerations 1. The proposed Preliminary Plat for the American National Bank Addition No. 2 complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie. 2. No additional right-of-way for the expansion of either Westgate Way or F.M. 544 is required by this plat. A joint access easement that also serves as a fire lane provides public and emergency vehicle access to both lots. Board/Commission Recommendations On February 17, 2004,the Planning and Zoning Commission voted 4-0 to recommend approval ofthe Preliminary Plat. Staff Recommendations Approval. Attachments Preliminary Plat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. E. March 9, 2004 Issue Consider and act upon a Final Plat for the Inwood National Bank Addition, Lot 1A-R, Block 3, Provident Bank Addition, being all of a certain 1.622 acre tract of land, located at 120 S. Jackson Street, as described in deeds to Inwood National Bank as recorded in Cabinet N, Page 443 and CC# 94-0096329 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Background The Final Plat for the Inwood National Bank Addition will replat the existing Lot R1,Block 3 of the Provident National Bank Addition to combine it with a 0.636-acre portion of the recently abandoned railroad right-of-way into a single lot. This Plat will provide direct frontage along SH 78 and the proposed bank facility will be oriented to face SH 78, but primary access will be from Birmingham Avenue and Jackson Street. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees and park land dedication fees must be paid prior to issuance of a building permit. Other Considerations 1. The Final Plat substantially conforms to the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. This property was originally platted as Lot 1, Block 3 of Kellers First Addition, and was subsequently replatted as the Provident Bank Addition in 1999 under the Industrial District (I) standards of the previous Zoning Ordinance. It was rezoned to Downtown Historic District (DTH)in November 2001. The property loses the vested rights to previous zoning regulations with this replatting, and the proposed bank facility must therefore meet the current codes. 3. The applicant received approval of a site plan for the Provident Bank facility in early 2000 and had the right to develop under the approved site plan, however, the applicant now wishes to utilize the recently acquired abandoned railroad right-of-way and is replatting as the Inwood Bank Addition in order to move the facility closer to State Highway 78. A revised site plan was approved by the Planning and Zoning Commission on March 2, 2004. 4. No additional right-of-way is required for the perimeter streets abutting the subject property. Board/Commission Recommendations On March 2, 2004 the Planning and Zoning Commission voted 6-0 to recommend approval of the Replat. Staff Recommendations Approval. Attachments Replat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. F. March 9, 2004 Issue Discuss and consider request from the Wylie Preparatory Academy to have a fundraiser carnival at Olde City Park and the Bart Peddicord on May 1, 2004. Background This is the first event the Wylie Prepatory Academy has asked to have in Olde City Park. The vendor has also requested use of the Bart Peddicord Community Center for their event. Proceeds from the event will go to support the school. Financial Considerations N/A Other Considerations Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, fiuiiis or corporations, or the agents of any person, or organization, film or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Board/Commission Recommendation The Parks and Recreation Board unanimously approved the request at their meeting, February 23, 2004. Staff Recommendation Staff recommends approving the request. Staff will instruct the applicant of areas in Olde City Park that will not be available to use for their event due to road construction. Attachments Parks and Recreation Vendor Request Form Prepared by Reviewed by Finance City Manager Approval