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04-11-1995 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex April 11 , 1995 7:00 p.m. CALL TO ORDER INVOCATION - Reverend Mona Bailey PLEDGE OF ALLEGIANCE PRESENTATIONS Presentation of Badge to Newly Promoted Patrol Sergeant Chris Howell Wylie Fire Department Presentation Related to Fire Academy Proceeds CONSENT AGENDA 1. Consider Approval of Minutes of March 28, 1995 2. Consider Approval of a Resolution Declaring April 26, 1995 Student Government Day 3. Consider Approval of a Resolution Declaring the Second Week in April as National Library Week 4. Discuss and Consider Award of Bid Housing Rehabilitation Under Urgent Need Grant for Disaster Relief 5. Discuss and Consider Approval of Application for Assistance Under Urgent Need Grant for Disaster Relief PRESENTATIONS 6. Development Corporation of Wylie, Inc. Quarterly Report 7. Presentation by Dr. H. John Fuller, Wylie I.S.D., Regarding Future High School PUBLIC HEARINGS/ACTION ITEMS 8. Discuss and Consider Approval of Ordinances Annexing Approximately 112 Acres of Property Proposed for New High School 9. Discuss and Consider Approval of Ordinance Annexing 80.0663 Acres of Property Proposed for Future City Facilities and Joint Use Facilities with Wylie I.S.D. 10. Hold Public Hearing and Consider Approval of an Ordinance Authorizing a Change in Zoning from "SF-3" Single Family to "0" Office District at the Request of Russell Davis on a Tract of Land Located on West Brown 11. Discuss and Consider Approval of a Request from Don Kreymer for a Replat of the McMillen Farms Addition 12. Discuss and Consider Approval of an Ordinance Authorizing a Specific Use Permit for an Auction House in Retail Zoning 13. Discuss and Consider Approval of an Ordinance Regulating the Distribution of Handbills in the City 14. Discuss and Consider Authorizing Hogan Corporation to Begin the Engineering and Design for Extension of Westgate Way STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 15. Hold Executive Session Under 551.074 Government Code - Personnel to Discuss Appointment of Municipal Election Judges and Under 551.075 Government Code - Conference With Employees to Discuss Potential Litigation 16. Consider Approval of a Resolution Appointing Election Judges for the 1995 Municipal Election ADJOURNMENT P sted 7/9 at :00 p.m~ ;,i.:;;;;;::;::::::.,iiii.ii::,,i::,i:iil:':,i:':;::vtrHMGN.ItiN;i;'i;ii;;i:oiM;,:ii,:,:i:;:::::j:!.:r:::..:::.::!..:::,:.::ff!iii,ii,i,i!Eiiii:iii;i:i::1ii.:iiiii.:i::i::::ii,,'i.;.,':'i;ii::iii:iii:'i;.;,;,i,;,!i!i,ii,!!!!:,,:,i,i,i,:'.i:'.i.!!!.::.i.i,'i.!.i..!:!i,I,i,l.i.i,i!,i.,i.!!.!,:.i.'i.i.:'.i.,'.i.i.i..'.:.i.i. !,!,,,!..:,:!,:n: : :.7r! .... ---......--....---........... - - ....... C tfC0tilit """""""""""""'""'""""""""""""""'"""":''''""""r"'"""7"T:"'"'"''' """7#1101....'!,."":""' Aq nda Commun€ica ion for fi 1:►;199 r 11;gg.111,011Niopptigafingarictrord!oon$ kokipoloostilorlotookzonintgotgoortsgomo Issue Discuss and consider approval for a request from Russell Davis for a zone change of two parcels of land from SF-3 to 0 at the property located at 308, 310, and 312 West Brown Street, also described as a part of Lot 70 and a part of Lot 71, Block 12, in the Brown and Burns Addition. Background Russell Davis wishes to rezone his property in order to situate an insurance office at the present duplex location. Board/Commission Recommendations The Planning and Zoning Commission voted to recommend a request from Russell Davis to rezone his property at the April 3, 1995 Planning & Zoning Meeting. Staff Recommendations Staff recommends approval Attachments Site location map, zoning map of area, zoning ordinance and P & Z minutes. )4/14,CV...,Y Prepared By Approved By MIIIIIIIIIIFORIZINIWVlitlICit-VnililC,Oalit.„11„1111111111111111111111:111'i:iiii111111111VilHI:411i„„111111111111115:1111:'DOODODDIDNillili Mln Q ► of March 2$,; 5 MINUTES OF THE WYLIE CITY COUNCIL MARCH 28, 1995 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Bobby Jennings, Reta Allen, John Mondy, Ortie Messenger, Steve Wright, and Cleo Adams. CONSENT AGENDA (1) Minutes of March 14, 1995 (2) Resolution No 95-13 Designating the Week of April 1st through April 8th as Clean Up and Green Up Week (3) Annual Employment Agreement with the City Manager (4) Resolution 95-14 Making Legislative Requests Regarding the Clean Air Act Requirements and Deadline for Compliance Wright pulled item (3)from the Consent Agenda. Adams made a motion to approve the remaining items. Messenger seconded the motion. The motion was voted on and passed unanimously. Regarding item (3), Wright made a motion to approve the agreement subject to a change on page 3, Section B.2 regarding grounds for termination -deleting "act of illegality" and substituting "upon conviction of a felony". Allen seconded the motion. The motion was voted on and passed unanimously. PUBLIC HEARING REGARDING REQUEST FROM EARL WILSON FOR A SPECIFIC USE PERMIT TO ALLOW AN AUCTION HOUSE IN RETAIL ZONING Mayor Swartz opened the public hearing and the applicant, Earl Wilson, discussed his request with the Council. He explained that he proposed to operate an auction house at 114 N. Ballard one Sunday per month. He said the business would be similar to Doyle Spurgin's auction house which was granted an SUP for Retail zoning in 1993. Mary Parker, owner of the building, addressed Council's questions regarding availability of parking in the rear and stated that all building requirements would be met once the SUP was officially approved. Gary Bowland, owner of Wylie Donut & Deli, stated that parking was not a problem since the downtown area was usually vacant on Sundays. Doyle Spurgin told Council that the requirements in his own SUP were too restrictive and should be relaxed if the applicant was not held to the same requirements. Council discussed maintaining a consistency in the SUP process and special restrictions placed on auction houses in the downtown area. They discussed the adequacy of the parking and instructed staff to review the parking available for compliance and draft an SUP ordinance that was comparable to Mr. Spurgin's based on staffs findings. City Council Minutes 3/28/95 Page 1 RESOLUTION NO. 95-16 DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT City Manager Steve Norwood explained that the proposed resolution was the first step towards the issuance of $4,300,000 in General Obligation Bonds which would fund $2,800,000 for water and sewer improvements and $1,500,000 for street projects. Wright made a motion to approve the resolution. Messenger seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Norwood announced that due to the resignation of Building Official Russell Wyman who was taking a position at the City of Dallas, March Coover would be Acting Building Official until a replacement was hired. CITIZEN PARTICIPATION C.B.Watts at 2819 W FM-544 objected to a letter from the City Manager explaining that the City of Wylie was unable to accept maintenance costs for a guard light on his property as it did not qualify as a street light. EXECUTIVE SESSION Council adjourned into Executive Session under 551.072 government code - Real Property to discuss acquisition of land for an elevated water storage tower. Upon reconvening into regular session, Wright made a motion to authorize the purchase of 1.5 acres of property for an elevated storage tank as proposed by the City Manager at a purchase price not to exceed $45,000. Adams seconded the motion. The motion was voted on and passed unanimously. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting adjourned. APPROVED ATTEST City Council Minutes 3/28/95 Page 2 Wy1 City Council • • • • in s a•• ; ..a..;:..tit ISSUE For the third year, we are preparing for Student Government Day. This year, Student Government Day will be help on Wednesday, April 26th. BACKGROUND In 1992, Wylie became Partners in Education with the Wylie High School. Student Government Day is used as a mechanism for encouraging seniors to learn about their local government and prepare for citizenship. Students are elected by the senior class to serve as Mayor and Councilmembers and conduct a mock Council meeting. Student department heads and staff members spend time with their city employee counterparts and learn what those individual jobs are as well as how they fit into the organization. All seniors participate. Those students who are not assigned an employee position participate in the audience and are given scripts to get them thinking about the issues and help prompt the questions. Council members are invited to attend. In the last two years, we have had at least three Councilmembers including the Mayor present. They helped direct the students and walk them through the process. STAFF RECOMMENDATION Staff recommends approval of the resolution. iLtAill/1162-Z() Submitted ( App -wvlitx.City'Coundll � nda C Inm int l m1 01 p 11 Rot- luring NotitnoULibtuIr� Wool( ISSUE This is resolution that we adopt once a year in recognition of National Public Library Week. This week it falls on April 9th through the 15th. BACKGROUND Public Library Week encourages citizens to obtain library cards, encourages visitors at the library, recognizes literacy assistance programs, recognizes library workers and volunteers and promotes the use of library facilities. STAFF RECOMMENDATION Staff recommends approval of the resolution. l5 Lii Submitted B Approved By RESOLUTION NO. WHEREAS, A literate society is essential to the success of our nation, and WHEREAS, reading is a basic key to achieving personal success in school, in business and in life, and WHEREAS, librarians are leaders in promoting literacy and are actively engaged in numerous efforts to encourage people of all ages to read, and WHEREAS, libraries ensure equal access to knowledge and information and offer valuable reading resources and services, and WHEREAS, librarians are aggressively building partnerships in the community and making special efforts to reach out to parents, children low-literate adults, and WHEREAS, National Library Week is a time to celebrate libraries and literacy NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Wylie does hereby name the week of APRIL 9-15, 1995, as: NATIONAL LIBRARY WEEK in Wylie, Texas, and encourages all residents to visit their local library to read and to join in expressing great appreciation to librarians for the essential services they provide. DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this the 11th day of April, 1995. APPROVED ATTEST Wylie City Council E Id+ COM Xih Oti Ora r k r 1995 Elwood of Bid firtnotitintRahab tinder U genit Need mint ISSUE Council needs to award a bid for repairs to the tornado damaged home of Mildred Eaves located at 106 East Brown. BACKGROUND Council will recall that Ms. Eaves application was recommended for approval by the Housing Advisory Board and approved by City Council in November of last year. We have since received State approval and Ms. Eaves has obtained the bids. Ms. Eaves house was damaged during the tornado and while the Ministerial Alliance replaced her roof, damage still remains in the ceiling and walls of every room. While Council authorized rehab funds for up to the maximum $10,000, the bids came in substantially lower than that. Ms. Eaves is an elderly woman without insurance whose sole source of income is a monthly Social Security check and food stamps. FINANCIAL CONSIDERATIONS Of the two bids submitted, the low bidder was not very thorough in his evaluation of the damage and not very detailed in itemization of the repair costs. Ms. Eaves is requesting that Council award the bid to the higher bidder who spent significant time and effort studying the damage and carefully itemizing the repairs. Bids received: J & J Paint Service $5,685.00 LeRoy A. Riner $4,907.00 LEGAL CONSIDERATIONS Council may award to the higher bidder if significant cause exists. STAFF RECOMMENDATION We would recommend that Council award the bid to J & J Paint Service per Ms. Eaves' request. A m motion to approve this item would award it as recommended. ATTACHMENTS - Recommendation Letter from GSA, grant administrators M Submitted B Approved By WSW,��9` t GSA V GOVERNMENTAL SERVICE AGENCY, INC. April 3, 1994 Ms. Mary Nichols, City Secretary City of Wylie P. O. Box 428 Wylie, Texas 75098-0428 Re: Wylie Disaster Relief Mildred Eaves Dear Ms. Nichols: Enclosed are the bids obtained by Mildred Eaves for repairs to her home located at 106 East Brown that was damaged in the May 9, 1993 tornado. As you are aware, Ms. Eaves was approved for up to $10,000 in rehabilitation assistance. The bids received are as follows: J &J Paint Service $5,685.00* Leroy A. Riner $4,907.00 * Recommended for Approval. Please note that I have recommended the second low bidder for the work as requested by Ms. Eaves. She indicated that they were much more thorough in their evaluation of the work. Upon approval of the bids by the City Council, please let me know so that I can make the necessary arrangements for the Purchase of materials and contracting for the work to he done. If you have any questions, please feel free to contact me at (214) 342-1892. Sincerely, GOVERNMENTAL SERVICE AGENCY, INC. By on Bolliger Grants Administrator Enclosures 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214)342-1892 Fax (214) 342-1896 (Ig tnda amm lnica ft (#pdI 11 r 1995 (ipplkotlon for Ossistanlca nd r (irrat lid (rant ISSUE Judy Taylor has made application for assistance under the Urgent Need Grant. Her application has been reviewed by the Housing Advisory Board who has recommended approval of a maximum of$5800 to be put in escrow for her monthly mortgage payments. BACKGROUND Ms. Taylor's application is relatively complex. She is requesting $25,000 in relocation funds. When her mobile home was destroyed, Ms. Taylor bought a home on South Ballard which increased her mortgage payments from $368.82 per month including lot rental to $734.69 per month. She is having trouble making such large payments and wants to use the grant funds to buy down her mortgage to make her payments more affordable. A more detailed history of her situation is attached. We would request that if Council have specific questions, they carefully guard the privacy of the applicant in public meeting. FINANCIAL CONSIDERATIONS Ms. Taylor's net loss was about $5800. This includes things like contents, storage building and a porch that are not covered under the urgent need grant guidelines which as you know allow us to assist with only "Housing" loss. Considering the applicant's net loss of approximately $5800, the Housing Board was not receptive to giving her the maximum $25,000. This would be inconsistent with the manner in which former applications have been approved. The Housing board was, however, sympathetic to her situation. Council has formerly approved this request up to $25,000 (based on what her net loss turned out to be) to buy down the mortgage and thus reducing her cost of living back to "pre-tornado" condition. However, the issue is back before Council because a mortgage buy-down is not feasible. The $5800 she would be entitled to receive would hardly cover the cost of refinancing and closing and would not significantly reduce her monthly payments. The Housing Board had only a few options to help Ms. Taylor: (1) Leave the approval as it currently stands which would give Ms. Taylor $5800 to buy down her mortgage - basically not helping her cost of living at all since her payments would not be reduced. (2) Approve $20,000 to $25,000 which American National Bank estimated upon their refinancing would reduce her monthly payments into $550 range. Ms. Taylor's ability to make these monthly payments cannot be guaranteed. We have not to date given an applicant more than their net loss. It is also unlikely that the State would accept such a proposal. (3) Deny the application. (4) Put the $5800 in escrow and allow Ms. Taylor to use the funds effective immediately upon receipt to make monthly payments. This would pay her mortgage for about the next eight months, giving her time to get her financial situation in order. LEGAL CONSIDERATIONS The fact that an application is approved for "up to the maximum" which is $25,000 for relocation and $10,000 in rehabilitation does not mean the applicant is automatically entitled to that amount. It means that they are entitled to up to that amount based on what we determine their net loss and cost of repairs to be. This applicant will probably be quite dissatisfied with anything less than $25,000. HOUSING ADVISORY BOARD RECOMMENDATION The Housing Advisory Board recommended that Council approve a maximum of $5800 to be held in escrow and drawn on only to make monthly mortgage payments. STAFF RECOMMENDATION Staff recommends approval of the Housing Advisory Board's recommendation. A motion to approve would approve based on those parameters they suggested. ATTACHMENTS Summary of Application Dated 11/14/94 Summary of Application Dated 4/4/95 Minutes of Housing Advisory Board 11/14/94 /444A/ 41"&ktek Submitted rt Approved pp By SUMMARY OF CURRENT APPLICATIONS FOR ASSISTANCE UNDER THE WYLIE DISASTER RELIEF PROGRAM 11/14/94 iM 66. 61)(1 Judy Taylor,°14 h Balla�d -Ms. Taylor's mobile home and all of the contents were a total loss. The applicant had purchased the mobile home for $13,900 sixteen months before the tornado and her insurance company paid $12,000 for the loss. Therefore, the applicant lost approximately $1,900 of her equity in the home. The applicant also received an additional insurance settlement of$400 for the loss of a storage building and covered porch with an estimated value of$2,850. Therefore, the applicant also suffered an additional loss in equity of $2,450. Therefore, the total loss in equity was approximately $4,350. The applicant received an insurance settlement of$4,350 for the contents of the home and out of pocket expenses. The applicant also received a voucher from the Red Cross to replace her son's bedroom furniture which was lost in the tornado and Wylie Ministerial Alliance provided the applicant $1,600 to assist in the down payment for her replacement home. Although Ms. Taylor's mobile home was insured, the applicant purchased a home (37 days later) that resulted in significantly higher monthly payments due to the fact that affordable housing was not available. Her monthly mortgage payments prior to the tornado were $218.82 plus $150 for her mobile home lot rental - a total of $368.82 per month. The applicant's current monthly mortgage payment is $734.69, an increase of $365.87 per month. Although the applicant has been faced with a mortgage payment that is almost twice the amount prior to the tornado, she has upgraded her home from a $13,900, two bedroom, one bathroom mobile home to a $65,700, three bedroom, two bathroom, two car garage, single family brick home. However, because of the increase in the cost of housing, the applicant was unable to meet other financial obligations. As a result her vehicle was repossessed in July of 1993 and she was forced to file bankruptcy in January of 1994. 0 00 0.4-ali Mildred Eaves, 106 East Brown -The roof of Ms. Eaves' home was seriously damaged by the tornado. The applicant has lived in the home for 30 years, the home is paid for but it was not insured. The current tax appraisal value of the applicant's property is $6,000 for the lot and $11,920 for the improvements for a total value of$17,920. A new roof was installed through the Wylie Ministerial Alliance. However, since the ceiling of the applicant's home was also damaged, it also needs to be replaced. The applicant's only other asset in addition to her home is a 1982 Pontiac that is valued at $400. She has no savings or checking accounts and she is an elderly resident that relies exclusively on a monthly Social Security benefit of$466 and $11 in food stamps. MINUTES OF THE HOUSING ADVISORY BOARD (TEXAS DEPARTMENT OF HOUSING &COMMUNITY AFFAIRS URGENT NEED GRANT) November 17, 1994 CALL TO ORDER The meeting was called to order at 6:30 p.m. with the following members present: James Blakey, Reta Allen, and Mary Nichols. Also present were David Lewis and Byron Bolliger representing Government Service Agency, the firm hired by the City of Wylie to assist in the grant administration. REVIEW OF PREVIOUS BOARD ACTIVITIES AND STATUS OF PREVIOUSLY APPROVED APPLICATIONS Mr. Lewis reviewed the applications formerly approved by the board and noted their status as follows: Don & Gina Bean - withdrew application because State was requiring that the proceeds from their insurance settlement be exhausted before receiving grant assistance. The Beans have since sold the house damaged by the tornado. Glenn & Paula Elliott - received funds to assist in the back mortgage payments and although approved for rehabilitation assistance as well, such assistance pending submission of bids by Mr. Elliott. Carolyn Robinson - received funding under relocation to repay loan from American National Bank for reconstruction of home. Franklin & Doris Smith - received funding to complete new home. Remaining approved funds to be used to buy down mortgage upon completion of repairs. Wesley& Pam Scallia - relocation funds approved but difficulty qualifying for loan to purchase new structure. Believed to have moved to Lavon. Paul & Dawn Henry - Closing on Property outside of City. No longer qualifies. DISCUSSION REGARDING APPLICATIONS RECEIVED FROM STORM VICTIMS WHO HAVE MOVED OUTSIDE OF THE CITY LIMITS The Board agreed that when no more applications are being submitted from Wylie residents, if funds are remaining, the board will consider asking the City Council to amend the guidelines to include those areas damaged in the Extra Territorial Jurisdiction and/or those storm victims who lived in Wylie at the time of the storm and have since moved outside of the City Limits. 1 Judy Taylor, 134 Glen Knoll: - Ms. Taylor's mobile home and all of the contents were a total loss. The applicant had purchased the mobile home for $13,900 sixteen months before the tornado and her insurance company paid $12,000 for the mobile home. Therefore, the applicant lost approximately $1,900 of her equity in the home. The contents of the applicant's home was estimated at a value of approximately $7,000. However, Ms. Taylor only received an insurance settlement of$3,950 for the contents of her home for a net loss of $3,050. The applicant received $400 from her insurance company for actual out of pocket expenses and an additional insurance settlement of$400 for the loss of a storage building and covered porch with an estimated value of $2,850 resulting in an additional loss in equity of $2,450. Therefore, the applicant's total loss was approximately $7,400. The applicant also received a voucher for approximately $160 from the Red Cross to replace her son's bedroom furniture which was lost in the tornado and Wylie Ministerial Alliance provided the applicant $1,600 to assist in the down payment for her replacement home. Although Ms. Taylor's mobile home was insured, the applicant purchased a home (37 days later) that resulted in significantly higher monthly payments due to the fact that affordable housing was not available in Wylie. Her monthly mortgage payments prior to the tornado were $218.82 plus $150 for her mobile home lot rental - a total of $368.82 per month. The applicant's current monthly mortgage payment is $734.69, an increase of $365.87 per month. Although the applicant has been faced with a mortgage payment that is almost twice the amount prior to the tornado, she has upgraded her home from a $13,900, two bedroom, one bathroom mobile home to a $65,700, three bedroom, two bathroom, two car garage, single family brick home. However, because of the increase in the cost of housing, the applicant was unable to meet other financial obligations. As a result her vehicle was repossessed in July of 1993 and she was forced to file bankruptcy in January of 1994. The Housing Advisory Committee has recommended, and TDHCA has approved, providing relocation assistance to make the applicant's replacement home more affordable up to a maximum of$25,000. REVIEW OF APPLICATIONS The Board reviewed then ranked the most recently submitted applications according to the ranking system adopted in the guidelines. Applications were ranked with points as follows: Mildred Eaves Judy Taylor Income 15 Income 15 Head of Household 15 Head of Household 15 Disability/Handicap 5 Disability/Handicap 0 Dependent Children 0 Dependent Children 1 Insurance Settlement 25 Insurance Settlement 15 Hardship circumstances 15 Hardship circumstances 10 Housing costs 0 Housing costs 0 TOTAL 75 TOTAL 56 Martin & Maria Esquivel Income 15 Head of Household 0 Disability/Handicap 0 Dependent Children 4 Insurance Settlement 25 Hardship circumstances 15 Housing costs 0 TOTAL 59 Regarding the application by David and Carolyn Tuttle, the Board agreed to consider the application at a later date, giving an opportunity for higher need storm victims to apply first. RE-ADVERTISEMENT OF GRANT AVAILABILITY Upon conclusion of the application review, the Board discussed opening the applications continuously with no closing deadline until funds are exhausted. ADJOURNMENT As there was no further business to come before the Board for consideration the meeting adjourned at 9:30 p.m. APPROVED 2 y Durk . Development Corpkolration o1 nnuol a ►r ISSUE According to the bylaws of the Development Corporation of Wylie, the DCW is required to make annual presentations to City Council regarding their activities. The DCW, however, is planning to begin providing quarterly updates to the City Council on economic development activities in Wylie. This will be the first of the quarterly presentations and should also serve as a means of education the public on our economic development efforts. No action is required on this item. ii City II 1.1„„ y ISSUE Dr. Fuller, Superintendent of Schools for the Wylie I.S.D., will be making a presentation to Council regarding the new high school facilities. We expect him to address facilities, location, its capacity and its impact on the community. We may have many of the seniors from Wylie High School here Tuesday night in preparation of student government day so this should be an interesting presentation for them as well. Wylie I.S.D. may be sending us some visual aids later in the week. If we receive drawings in time, we'll enclose them in your packet. In the spirit of intergovernmental cooperation, a special Council meeting has been called for April 18th at 7:00 p.m. to consider approval of a preliminary plat and final plat for the new High School. We hope that the special meeting will help expedite the Wylie I.S.D. completion schedule for this project. Dr. Fuller's presentation this Tuesday night should also help prepare Council for the special meeting on the preliminary and final plat. Submitted By Approved By EE y tv„cou ..... .. . e + rd nan +r (InQxing 2 fl rrQs f IIQ S.D. Property ISSUE The two attached ordinances will annex a total of approximately 112 acres of Wylie I.S.D. property proposed for development of the new high school. One ordinance annexes 66 acres and the other annexes 46 acres. BACKGROUND Wylie I.S.D. has requested annexation for the property proposed for the new high school. This property is adjacent to the property purchased by the City of Wylie for municipal facilities. No public hearings or notices were required for annexation of these tracts since it falls under a section of the Local Government Code that provides for the petition for annexation of sparsely populated or unpopulated territory. The school district will be bringing their preliminary and final plats to the City Council for approval on April 18th in a worksession. Presently, with the property outside the city limits, they are platting under our ETJ regulations. Upon annexation of this property, the school district will be required to comply with zoning regulations, site plan requirments an landscaping requirements as well. All newly annexed territory is given a temporary zoning category of"A" Agricultural. However, since a public school is a permitted use in this district, the Wylie I.S.D need not make application for permanent zoning prior to receiving a building permit. STAFF RECOMMENDATIONS Staff is recommending that Council annex the City of Wylie property adjacent to this tract and as joint uses are proposed for these properties, we would recommend annexation of the Wylie I.S.D property as well. ATTACHMENTS Ordinance Annexing 66 Acres Ordinance Annexing 46 Acres `i ie Submitted / Approved Y pP By WYLIE INDEPENDENT SCHOOL DISTRICT H. John Fuller, Ed.D. - Superintendent • March 24, 1995 Ms. Mary Nichols Secretary City of Wylie P. O. Box 428 Wylie, Texas 75098 Dear Ms. Nichols: The Wylie Independent School District has purchased 75 acres south of Hwy. 544 at the intersection of FM 1378 for the purpose of building a new high school. The school district would like for this property to be in the city limits of Wylie and receive city services. Therefore, on behalf of the Wylie ISD, I am requesting the annexation of the 66 acres that we already own and will be requesting the annexation of the additional 9 acres we are purchasing from the Birmingham Land Board. The metes and bounds of this property are as attached. We would also like to request annexation of the 37 acres that our agricultural facility is located on. The metes and bounds of this properly are shown on the enclosed title. Sincer ly, H. Jon Fuller, Ed . HJF/ship P.O. Box 490 • Wylie,Texas 75098-0490 • (214) 442-5444 • FAX (214) 442-5368 dinances (Inn zing $0 fl Cif of Wyl Property ISSUE The attached ordinance will annex a total of approximately 80.0663 acres of property recently purchased by the City of Wylie for municipal, recreational and joint use facilities. BACKGROUND Council is very familiar with this property which is located adjacent to the property owned by Wylie I.S.D. and proposed for the new high school. No public hearings or notices were required for annexation of these tracts since it falls under a section of the Local Government Code that provides for the petition for annexation of sparsely populated or unpopulated territory. STAFF RECOMMENDATIONS Staff is recommending approval of the annexation ATTACHMENTS Ordinance Annexing 80.0663 Acres Submitted By App • MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on April 3, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex,located at 2000 Hwy. 78 North,Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Cecilia Wood, Stuart Allison, John Crowe, Steve Ahrens, and Tim Owen. ABSENT: Rich Eckman, excused. STAFF MEMBERS PRESENT: Building Inspector, March Coover, Engineer, Greg MacLean Russell Wyman, previous Building Official, was present to answer any questions. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from March 20, 1995 Regular Business Meeting. A motion was made by Cecilia Wood and seconded by Steve Ahrens to approve the Minutes as submitted. Motion carried, all in favor(6 votes). PUBLIC HEARING • ITEM NO. 2: Discuss and consider a recommendation to the City Council a request from Russell Davis for a zone change of two (2) parcels of land from SF-3 to B-2, located at 308, 310, and 312 W. Brown Street, East of Cottonbelt and North of Brown, further described as: A part of lot 70 and a part of lot 71, block 12 of the Brown &Burns Addition. Russell Davis spoke in favor of the zone change. He said that since he submitted the request he has since realized that he does not need a B-2 zoning and that Retail would be fine. He is going to remodel the duplex's for office space and use the other lot for parking. Cecilia Wood offered the "O" zoning for Professional Office District that would allow his use and would protect that space for future development if Mr. Davis ever left. Mr. Davis was satisfied with that zoning. Bobby Hernandez, owner of 304 W. Brown said that he wants to make sure that the zoning is the strictest there is. He is not against the office space being there but he wants to make sure that no one can come in later and put something in like a day care. Jerry Smith, of 309 N. Cottonbelt and also representing Rachael Miller of 307 W. Brown, said that if the zoning goes through he wants to make sure Code Enforcement enforces the restrictions because the strip center(Maria's) adjacent to his property is not kept up and the flies are real bad. Mr. Wyman stated that Code Enforcement cannot possibly know what all the problems are all the time and that if concerned citizens would call in and let the department know then the problem would be addressed but that would not happen in this case since a food establishment would not be allowed in a professional office district. The Commission asked some questions regarding parking and traffic. Mr. Davis said that his square footage would require him to have at least 5 spaces and he plans on setting up the parking lot as a one way in/one way out type lot to help alleviate traffic problems on Brown Street. A motion was made by Cecilia Wood and seconded by John Crowe to recommend to the City Council a request to change the zoning from "SF-3" to "0" at 308, 310 and 312 W. Brown Street. Motion passed ( 5 votes for and 1 against--Stuart Allison). ITEM NO.3: Discuss and consider a recommendation to the City Council a request from Unity Partners for a replat of two (2) lots (20.4 acres) at 1355 and 1345 FM 1378 at McMillen Road into ten(10) lots and further described as: lot 1 (10.2 acres)and lot 2(10.2 acres)of McMillen Farms Estates. Don Kreymer, President of Unity Partners, spoke in favor of the replat. The Commission was not quite sure why this was coming before them again. Mr. Wyman explained that the original replat was never finaled because Mr. Kreymer never put in the sewer and finished the improvements. Mr. Kreymer now wants to not only change the replat but also to change the engineering on the sewer improvements. Instead of going under the creek with the sewer line, he now wants to do an aerial crossing. Greg MacLean, City Engineer with Hogan Corp., explained that from an engineering point there were no grounds to not allow the aerial crossing. The only concerns were about the aesthetics and the flood water from the creek. The height will be five feet (5') above the flowline of the creek and should allow for flooding. Mr. Joel Jordan, owner of lot seven(7) directly west of lots one (1) and two (2), said that he was concerned about his access to his home when the time comes to tie onto his end of the sewer line. He granted Mr. Kreymer an easement but it was never done. He said that he is familiar with Mr. Kreymer's work and does not want this to end up another disaster with him being denied access to his property or an incomplete sewer line. The Commission discussed several things about the sewer improvements, why the replat is configured the way it is, etc. Mr. Wyman explained that Mr. Kreymer wants to sell the front three(3) acres of lot two (2) and would have to replat that but he could not leave the back half of lot two(2)without access to public right of way or to city utilities. The person wanting to purchase the three(3) acres did not want to lose twenty-five feet (25') of the frontage land to allow for an access easement; therefore the replat is configured this way. A motion was made by Steve Ahrens and seconded by Cecilia Wood to recommend to the City Council for approval a replat of lots one(1)and two (2) of McMillen Farms Estates. Motion carried, (5 vote for and 1 against--Stuart Allison). ADJOURN: A motion was made by John Crowe and seconded by Tim Owen to adjourn. Motion carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary \CC),t Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 Wylie, TX 75098 APPLICATION FOR ZONING CHANGE ��11�� ao Case No. Filing Fee • a�0�5 Date 3 - 3 - 9 Applicant gti.-55ti-i. D4 v r S Phone No. 4`12 ' 11(0 3 .2- Mailing Address: Work No. `f'( 1 ' 4, SCP 2- po Cox 2o13 vPii- I t j x 7So 9 s LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto.)1 3og 3 io an1D 3 ►2. i gQow sr wyLiE ix 7Co 58 I hereby request that the above described property be changed from its present zoning which is District Classification to f)) c�-- District Classifi cation for the following reasons: (attach separate sheet if necessary) There-( ) are not) deed restrictions pertaining to the intended use of the property. Status of Applicant Owner ✓ Tenant Prospective Purchaser ✓ I have attached hereto as Exhibit"A" a plat showing the property which is the subjeaof this requested zoning change and have read the following concerning the importance: of my submitting to the City a sufficient legal description. = i.r • G r yew• a t .. Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. ?• ` `,'ter- x H' .r_Y:f. 3.._ _2? ` _t �'�'' y''S i .,-$: {t , ,: ,,,,, _ T',.,, d4d�t +sue.5..�. .- Ail �'.� �YM • • March 3, 1995 To: City of Wylie, P& Z Department Provident Bank is the owner of the following described property: 302 W. Brown Street, Lot 12, Blk 1, Brown& Burns Addition We are aware of the request for a zoning change ( from current to business) and hereby approve such request and city approval if granted. Provident Bank :WS )sr(\.Ar"—r qA to R1sltt. x.. • .. r PEERLESS MANL JTURING CO. 34.0839 ACRES VOLUME 3388, PAGE 340 N 81r4916" .a moo. • yr t.A. SET k EMPLOYEE FEDERAL Sirp01NT OF CREDIT UNION BE(1INNINO /S?► SCALE: 1" = 40' b b' 82-0074740 10 H Ili (� ''i O OUT t; ',• e4 ROBERT S i ovr • t/sr �.w OTT "-: s�o/apt trot eaoRx •, . HERNANbEZ �'4. erntsr -`� lb 0.229 ACRES APPROVED AND VA < ,•, Ib 94-108169 ACCEPTED THIS r„ cat,; ¢ o 1st DAY OF MARCH, � %''e& so 0 1995. .le liao/r ►t. Off .... i/c I.R. RIM c 9 8w49'_1r W 90.04' I/• w RUSSELL DAVIS ¶� PROVIDENT DANK 0.205 ACRES 92-0074740 • PROPERTY DESCRIPTION ' Being a tract of land situated in the S.B.Shelby Survey,Abstract No. 820, and being a portion of Lot 71 Block 12,of Brown and Burns Addition,an Addition to the City of Wylie,Collin County, Texas,and being the same land conveyed to Employee Federal Credit Union, recorded by County Clerk's Number 92 • - 0074740, Deed Records, Collin County, Texas, and being more particularly described as follows: • ' Beginning at a 1/2 inch iron rod on the south lime of a 34.0839 acre tract of land conveyed to Peerless ! Manufacturing Company by deed recorded in'Volume 3386, Page 340, Deed Records, Collin County, ''Texas, set for the northwest corner of a 0.229 acre tract of land conveyed to Robert Hernandez by deed ' recorded by County Clerk's Number 94-108136, Deed Records, Collin County, Texas;, Thence,S 00°10'45"E,along the west line of said Hernandez Tract,a distance of 85.50 feet to a 1/2 inch iron rod set for corner; Thence, S 89° 49' 15" 1r, a distance of 90.04 feet to 1/2 inch iron rod set for corner on the east line of West Brown Street (F.M. 3412); • • • Thence,N 28°37'45" i, along said right-of-way line, a distance of 37.70 feet to a 1/2 inch iron rod set for corner; . Thence, N 00°10'45" W, a distance of 52.36 feet to a 1/2 inch iron rod set on the south line of aforesaid 34.0839 acre tract; , Thence N 89° 49'15" E, along said south line, a distance of 108.00 feet to the Point of Beginning and containing 8,937 square feet or 0.205 acres of land. All of the above property lies within Zone "X" (areas determined to be outside the 500 year flood plain) according to the Flood Insurance Rate Map Panel No. 48085C0420 E, dated April 2, 1991. . Property is not subject to easement from Barney Gayle and wife, to James W. Coombs,for the purpose of maintaining an existing sewer line across Lot 70, dated November 30, 1966,filed December 5, 1966, recorded in Volume 682,page 772, Deed Records, Collin County, Texas. • • SURVEYOR'S CERTIFICATE ..:. • PEERLESS MANL JTURING CO. 34.0839 ACRES VOLUME 388, PAGE 340 N LW49'16' ..B 108.00' . pt/r t.R. err 1/r t.R. err ••• -- MC EMPLOYEE FEDERAL POINT' 01 CREDIT UNION BEt}INN 92-0074740 IN KALE: I ' = 40' 3451.61 lb Owl r r 'c$P.P. ORR STORY Dun an ROBE[ ovT �r t.R. scr , sto/sts trl epolnl IIERNAN ovt ? 0.229A( 1,.'4 I� • 94— 1081 4)% � ib ` `P4 o rvA °OA • 4,eet tip tit err a -- t/r I.R. m 8 8049'itr W 90.04' e;) PROVIDENT BANK J 0.205 ACRES 92-0074740 'uIY ELEC. ®�` ry, El r 0 --- UTILITIES ll F- TEXAS - ----- fMKMOUNi DRIVE 31 • r1t t- •. 1, • •. +• a,41,I•t tt r. t 15!1 Fp - 0 • 19 21 1•S143,1 12ItM t:RnN,wu:n.• e.es ••'n.n.r� 0' 1 711 16T'B • t E' aA3tON DN * �_ QNDERHUB ADDITION ,.• •4 wINDlDN DRIVE N ,r Dilig 1 k 9 . l'',:.." • „ w . ,i a'I ro o. r. n.Mt.011 tit • 1 :___ `� J' 12 �' . 4 c C KREYMER 8 4 13 _ _ JESUS ESPINDIA 5 ST AC 3 3 14 3 TD) A . 7 i KENNETH PUTMAN i ANN DRIVE • _ _— — — - I- __i_ - _ -- I El T �2 . i 1 . _ 2 G.C.KREYMER Mli 1 {' 1 -- I• 1 2.91 AC. Iti I 0 �,24 i1 • TQ i *24 i _ ,•ZZ. PEERLESS MFG wl P(1SSER 'f'/ �t114111111! f1tt l 't r M'uERE+ N � tr► ►�tMI 1- ��Y �• " t25 + 13, 2C t l Mt mil . A' _ ....._ //, _ , :111 Crtr ' �, I' 2 C3• 9. 6imi to LANE �.' R �. [ ...' O" a "• I .•r b 144 I -" , r o '• 9 ...- SJ..KR Y EF w O ,r 4 •! JC. 1 MILL KREYMER • it 1 ,t of KREYME .- - .SD AC. f NC.JETF RIES- __ I ' 7 . f Y .2/AC a.66 AC. IA i 'AD N 0 w N K w•i S T K E d +c_�- T. WI __ t a r ICI • _. pc �� it Q • .---� ' ��� b • ♦ R N r • • ICII _ t J/, .. • ' ,1 • a -- N N O • O• • 0 t O��� i -" •y' •past A N •1 ! I NI •t :., I ,to ._,IL._ rt• A Nil t � �•' R YAt IEtRlON a StN[[t P .-• ♦e,•�wf ligrilid T a esto man. » ^0 ®". u.a. :3111 Mr. :Pi • ' tiono � Nt _ a�a Ilya Fr �;� R , RYAR aLC 4 lTRC[ T t! /� ra� 11 f-1 OD 0111 •,FFy. •� �' ,� [c°r�.� _. ur 1_ ♦I IAii' -me N• no wall .• '4 wr 0 r4+ tT Ma E --J; rN j R .. _ - R OAK n '."RI•Kr Q !t' T iY �iOAK aT. ._t•I ( 11 � t�1 p11,� I• 1,1i•: 1, •. •. t, • • e.m10 N , .. , m. . WISE �PLtaALIII CO• a " y1 F.C-L1151 - • p. rt • ' ;i • 10• L ii , MI y®0 pa ~ iv it b. 11111611 . L�.�F1.1 �: L. .•e'I♦U E '• a �-n}•ti N'N•N•O. /L el.�N,r�ra�Hl� N" IR 1t'C u� ■1 , �O • M'�r.' ,e�' fYtJj +/1:071;� . , tLLIOT tr. tulot aarK c AvtNut . / dMAaTCR!�► 1 i• • +. t�i N r n• r.} ® ® Plot I 1 11111 7 I �� 0�����p�o 3 �' d Bilt Bik. 18 �d21019 IB 17 161 °�,,. UDEN" t -To ill -_ = f ',IAA.' el S T. tee A• A. ' 1. 0 it ElliEll ,l 0 .7. „„,,„ n L i ; t I Q tt. • 6,. • t" a WI A... 1 ' is ON'w m u d b rt tuI FrInl t i. ':, 1�,e.r . . I� N I( ' f I N I (..J1/41 N • • • Ilk \ *I :"1 : , : : i-1_• tit:\ A _111 4/16. '„,g, ' _ _ A. \\, 1. _ C ton�be I l_ - r n , r air -AT 1 , , , AIN 4 : Ill —11 .kelik \sseeiti° %111-11-rillifffir ' tit z UW. 1\) ‘! ', 0 � - - - Anal P, I tern aal'r aod PINK, s's, . 111111111111M : I 1 J omit► , 111rr11rlia LITJ' MINI (0 w wBall. . Ballard coVco 00, (.„, -T—II 1 ---N pii—L_ ss, I I . co : 111!!!!!!11 �.► -'e i C (y) 7) .b. ir“..—a , ,, , , -- . ..,, a treat- N) I (Al .(g I , -1\(/) IMP ! i . 0 i'm . 1 . .co , 2nd St est -- lik \ 11,1 '' _ - c —a= �I c _ 2, ,, set 1 1a x eat -_ _ _ L-- •,\„1 ,,',,"eu co -v I ' , +. IgT1111 nth Sfi eat H yaV ill (0 -IN CO sio in : i \ • lu 1 z. I /1NM - bTPi HCAI! �` ( 1 Sth Strse _ t MENAI I I \/ ..J H le. ` \,, N , j 2 1 N W - X 0 . ,. , - , ' li..M1.l.: _R (c) Lot Depth:The average depth of the § 16.1 Use Regulations: A building or lot shall be not less than one hundred premises may be used only for the following feet (100'). purposes: (3) Minimum Dwelling Size: The (1) Administrative offices — for public or minimum floor area of any dwelling semi-public,civic,religious or charitable shall be one thousand(1,000)square feet, organizations. exclusive of garages and breezeways and porches. (2) Architect offices. (4) Lot Coverage: In no case shall more (3) Bookkeeping or accounting. than forty-five percent(45%)of the total lot area be covered by the main building. (4) Engineering(office only). Not more than sixty percent(60%)of the total lot may be covered by the main (5) Lawyer. structure,accessory buildings,driveways and parking. (6) Telephone answering service. 15.4 Parking Regulations: Two (2) covered (7) Church,synagogue or rectory. parking spaces per unit behind the front building line. Off-street parking spaces shall be provided in (8) School public or private. accordance with the requirements for specific uses set forth in Section 24. (9) Electric transmission lines and substations. § 15.5 Additional Restrictions Applicable to "MH"District: (10) Licensed interior designer. (1) Manufactured housing design and 16.2 Height Regulations: No building shall construction will comply with exceed fifty feet(50'),except cooling towers,roof manufactured housing construction and gables, chimneys, vent stacks or mechanical safety standards published by the equipment rooms may project, not to exceed Department of Housing and Urban twelve feet (12') beyond maximum building Development pursuant to the height. requirements of the Texas Manufactured Housing Standards Act (Article 5221f, § 16.3 Area Regulations: Vernon's Texas Civil Statutes) and all manufactured housing will be subject to (1) Size of Yards: inspection by the building official. (a) Front Yard: Minimum required (2) All manufactured housing within a setback, twenty-five feet (25') subdivision shall be set on solid slab measured from front property line. structure or pier and beam foundation. Accessory buildings shall have a Additional rooms in a subdivision such sixty foot(60)front yard. as enclosed porches, etc., shall be constructed on a solid slab. (b) Side Yard: (Adjacent to a street or different use property line); (3) Accessory buildings will be either minimum required,ten feet(10'). manufactured or constructed in accordance with city codes. (c) Rear Yard: A dedicated alley or private drive shall be required SECTION 16 behind each lot or tract and the minimum rear yard setback shall be "0" — PROFESSIONAL OFFICE twenty feet (20') for any building DISTRICT or structure. When an alley is not required, a masonry or wood wall General Purpose and Description: The"0"district of a minimum height of six feet is intended for professional offices creating a low (6')shall be constructed adjacent to impact on the surrounding area. Page 15 Supp. No. 1 the rear property line to provide a (4) Laboratory,medical or dental. barrier between the adjoining use. (5) Office,general. (d) Special Side or Rear Yard ReQuirement: When a non- (6) Optical shop. residential zoned lot or tract abuts upon a zoning district boundary (7) Studio,art,music,drama,speech. line dividing the lot or tract from a residentially zoned lot or tract, a (8) Letter and mimeograph shop. minimum side yard of ten feet(10') shall be provided on the non- (9) Garden shop and plant sales,inside. residential property. A masonry or wood wall having a minimum (10) Veterinarian office,no hospital. height of six feet (6') above the average grade of the residential (11) Florist shop. property shall be constructed on the non-residential property adjacent to (12) Antique shop,enclosed. the common side(or rear)property 13 line. (13) Bakery or confection shop,retail. (2) Size of Lot: (14) Barber or beauty shop. (a) Lot Area: None (15) Book,camera or card shop. (b) Lot Width: None (16) Clothing and apparel store. (c) Lot Depth: None (17) Cleaning and laundry pick-up station. (3) Lot Coverage: In no case shall more (18) Discount,variety or department store. than forty-five percent (45%) of the lot (19) Drug store. area be covered by buildings. § 16.4 Parking Regulations: Off-street parking (20) Drapery,needlework or weaving shop. and loading shall be provided as set forth in (21) Supermarket. Section 24. SECTION 17 (22) Furniture and appliance. "R" — RETAIL DISTRICT (23) Handicraft or hobby shop. BEGULATIONS (24) Key shop. General Purpose and Description: The"R"retail (25) Laundry or dry cleaning,self service. • district is intended for neighborhood shopping facilities which provide limited business service (26) Health studio. and office facilities predominantly for the convenience of residents of the community. (27) Paint,wallpaper and hardware. f 17.1 Use Regulations: A building or premise (28) Personal service shop. shall be used only for the following purposes: (29) Photography studio. (1) Any use permitted in"0"office district. (30) Shoe repair. (2) Banks or savings and loans w/wo drive thru. (31) Restaurant w/wo drive-in service. (3) Clinic,medical or dental. (32) Tool rental(inside only). Page 16 Supp. No. 1 Wylie City Council #11 Agenda Communication for April 11, 1995 Replat of McMillen Farms Addition Issue Discuss and consider approval for a request from Unity Partners for a replat of two lots (20.4 acres) into 10 lots at 1355 and 1345 FM 1378 at McMillen Road, also described as Lot 1 and Lot 2 of McMillen Farms Estates. Background Don Kreymer, President of Unity Partners, wishes to replat two, 10.2 acre lots. Originally he requested a replat for one, 10.2 acre lot, with plans to extend the sewer line down McMillen Road. The original plat was never accepted because Mr. Kreymer has not installed the sewer line, nor finished the improvements. With this request for replat, the lot configurations and the engineering on the sewer improvements change. Board/Commission Recommendations The Planning and Zoning Commission voted to recommend a request from Unity Partners to replat Lots 1 and 2 of McMillen Farms Estates at the April 3, 1995 Planning & Zoning Meeting. Staff Recommendations Staff recommends approval Attachments P & Z minutes, a zoning site location map, a copy of the existing McMillen Farms Final Plat and a copy of the new Replat. )^4 a/ v Prepared By Approved By I 1 0 50 100 200 I I I II GRAPHIC SCALE IN FEET I`I • • 1 CO I 1 1 (n _S 45'10'33' E 21 10' L. Mc M 1 LLEN R ❑ A D < CO. RD. 298 ) z _.. .___ _ -_ — ._ -.._— .... — ____ I cAC( U NNNI — 1 u; N 89'30's3' E 1552.66' -- - - — — — — -- � 1> 1 0 160•_,4. 16(360' 16066' 16(i i; Y-- IG(3./9' 16804' I(8.)1 _16897_._ -_71 _20_65__ __ _ _ L ::a Da UC --l50' BUIL DIM, 1INL l0 D4 „I I I I I 1 I I I (, III CO Iel �' I�� m m I I. 1 j m �� N 1 7 N I (CID I_) ( C3 Im1 <I 1> m I `� I 1 3 N N N 1 m m1 11000 ACHES ]. I i., 11.1000 ACRES x 1 rr 1 1.1000 ACRES x 1.1000 ACHES i 1.1000 ACRES x 1 .1000 ACHES 1 14116 ACRES ` ,DI Q. to- n a o I o zo oz oz v I m In CI— = I 5 DIUL - I Zj = I I I I 14' DA U.C. 14' DA UL. if 14' Da UC 1 Ci I — 14' Da U.C. — N' D.a LLC �—l ' D.I.U.C. I� Ir 14' D.t U.C. 3 I I- �116866' ^ 7 1 168.66' u1 168.78• 168.84' 168 91' 160.97' 1 216.99' 55' 45' Q ce 16854• 1 S 89'28'46' V 468.83' o In'�—"-- S 89'28'46' V �� S 89'28'46' V 423,66' z S 89'20'46' V o � S o I 1. I e CO O CD-1 Ll O Z Z x I m 1N 1 c W 1-2 p 1_4 I N 1 1 "W h °w 3.000 ACRES N Z f Im 4_3308 ACRES m I 4.8932 ACRES I x _ N N I I dp Z 61 I I - ..�I I __ 592.38' -- — 460.30' �� $ 0.02' L -- -- a S 89.28'46' W 1566.48' -- — 41.64' A/89'30"53'E., 3820.74' Mc M/ L L EN ROAD 'A3'65 575.7" 0E0/CA ION _ -- a 2' — N 1� % - -•;"� ---- 550,06-----�1---260.//'. --.260.20'. 26 .22 r _ --- --/552.66'-- --- --- SS'T O W 2!'W, • '1�� 1 �_, �25 B.L. �.; N.' laO' •4l y2. 3 _i S= /6 5.5" /� -" / '^ ' �1 ,0� 5 34 q0 ..�.,100 7b 6 7' (- 4 ./6' I7{ /0. 2/2 A C R I S >45"L1 1 N.5 7'p9/54-1"W.. 48• r-.%72.59' �,� ��'i^' N.B/56°08 �0,(7W, 72 97 r M Ny R'�4�6/?�+E /• --_ S.89"26"46"W.. /567.0/' ZO S.1N/TARY ----. _-- -____ -- p,.?l W Y El • N ,¢°1 17y.0/ ., --------��L y, ,2) 0/.j7'yIL W ISEWER CASEMENT � /0.032 (A 4 RT 5 N.p 7 'o 2 A3.61- I a r 5'E r " \� 5.89' 28'46"W., /56C,.48" 32'Z — N�° p/.65 Q° Q ��5F'72 Ern.3' V �� ��� i_� (.3� 78"14'IB" 8646.. a- Al 6p) �- ,,i i' /0.032 A C RT r , N 55'!/ E N q_s.947 ACRES y (9, �;; 8i 0 7) a l,:, N, Al 17 I -41 r1• 2- I '/0.0 30 °'1/O.030 /0.030 ` j 5.89"28'46 IN I . ,•566.6 " An C,0"p0'�-2',�" I 4' ACRES �n ACRES t9 ,1CR/S Ii II N; 77-3 �q' \ �, 1 _ - !4_, �•. O. 1' p,L7"33'5 4 2'7/ 1 A. 1. A.A. � . I /0.0?2 A[R E s „ , 24 ----- 1 a ', p.7°lB°51,0' : I O 0 b -�' N,40 120.61' — , I h v1 v, `AA �; 5.89'28.46'"W., /566.8/' ---- - • n,• '�ii N /q°33763�q' 2 11 — - C5 ,- 1�'I•, I .7'37'1m! 6,� 1 0- /0.032 A C R E5 . 10 N.74°4/29.58,vv /05p I o 0S ',°I I,; °15s r38' i NI 6 -- 33°E•r1 i S. 89^28'46"w, 566.97' N.4°°p0 ��r5 p,• 3,�E.,— .I .@ N•q°p 275'44' ` co q I ^ /0.032 A C R E S E. r20'U7/L/TYESM'T \ / 5C•, N 6!°p44/ M'N 2•'.5 ' ---260.2/-----260.22, 89.58' /00Z.s ' �, �— \ —° ✓ 1 5.89"/3'27"W., 763.04' "�^S.B9°29'22"W., 629.57 SB9°29'06'/V,$'74.97 S.e9'~2B'34"W., /O/259 S.89'So'40'w., 335./4' • NOTE: r "- •„ ,. I . .:,°7l A 5' W/oE or/L7rY oA<t 1 - - - I ON EACH S/DE or A/! ,:,. —-—_-_--. ___ _ __ PROP --—__ I IOU' P 0 W =_� ``\\ YeY EN . E . 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S 011 AC IY Page 1 of 3 Qeplp�,-i' City of WYlie (5/93) l� APPLICATION AND FINAL PLAT CHECKLIST 9)\0\ �4 � Date � /� �'� r /� vv y� R \ Name of Proposed Development r i61,04 �+K Name of Developer Zi,e.-,4277f� Address /C<-- �.0 Phone PP2 Owner of Record s' - Address Phone Name of Land Planner Surveyor/Engineer Address Phone_56 Z. .l 5 Total Acreage Z o Current Zoning -12 .72 Number of Lots/Units /t Signe The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn to legibly show all data on a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing which is 18" x 24". The following Final Plat Checklist is used to check compliance with the Wylie Subdivison Ordinance. The following checklist is intended only as a reminder and a guide for those requirements. Information Provided of Not Shopof Plat Applicable 1. Title or name of development, written and graphic scale, north point, date of plat and key map. Page/2 of 3 2. Location of the development by City, County and State. 3. Location of development tied to a USGS monument, Texas highway monument or other approved benchmark. 4. Accurate boundary survey and property description with tract boundary lined indicated by heavy lines. 5. If no engineering is provided show contours of 1 / 5ft. intervals. 6. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. 7. Approved name and right-of-way width of each street, both within an adjacent to the development. 8. Locations, dimensions and purposes of any easements or other right-of-way. 9. •Identification of each lot or site and block by letter and number and building lines. 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved Concept Plans reference recorded subdivision plats or adjoining platted land by record name and by / deed record volume and page. 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of: the inhabitants of the development. „A 12. Certificate of dedication of au ets,,t s ,�stre alleys,; parks and.other public..uses signed by owner he or /�,worQin1 • si n a scu t ¢gyp! t�r y4`1 4. w » a s c s 3 yp o�M • i e ;• S'+" � t arse -_ Page3of3 13. Designation of the entityresponsible for the 9 operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). 14. Statement of developer responsibility for storm drainage improvements (see wording). 15. Instrument of dedication or adoption signed by the owner or owners (see wording). 16. Space for signatures attestingapproval of the P 9 PP plat (see wording). 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the preparation of the plat (see wording). 18. Compliance with all special requirements 1 / developed in preliminary plat review. 19. 'Statements indicating that no building permits will be issued until all public improvements are accepted by the City (see wording). 20. Submit along with plat a calculation sheet indicating the area of each lot. 21. Attach copy of any proposed deed restrictions for proposed subdivision. Taken by: File No.: Date: Fee: Receipt No.: MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on April 3, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex,located at 2000 Hwy. 78 North,Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Cecilia Wood, Stuart Allison, John Crowe, Steve Ahrens, and Tim Owen. ABSENT: Rich Eckman, excused. STAFF MEMBERS PRESENT: Building Inspector, March Coover, Engineer, Greg MacLean Russell Wyman, previous Building Official, was present to answer any questions. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from March 20, 1995 Regular Business Meeting. A motion was made by Cecilia Wood and seconded by Steve Ahrens to approve the Minutes as submitted. Motion carried, all in favor(6 votes). PUBLIC HEARING ITEM NO.2: Discuss and consider a recommendation to the City Council a request from Russell Davis for a zone change of two (2) parcels of land from SF-3 to B-2, located at 308, 310, and 312 W. Brown Street, East of Cottonbelt and North of Brown, further described as: A part of lot 70 and a part of lot 71, block 12 of the Brown &Burns Addition. Russell Davis spoke in favor of the zone change. He said that since he submitted the request he has since realized that he does not need a B-2 zoning and that Retail would be fine. He is going to remodel the duplex's for office space and use the other lot for parking. Cecilia Wood offered the "0" zoning for Professional Office District that would allow his use and would protect that space for future development if Mr. Davis ever left. Mr. Davis was satisfied with that zoning. Bobby Hernandez, owner of 304 W. Brown said that he wants to make sure that the zoning is the strictest there is. He is not against the office space being there but he wants to make sure that no one can come in later and put something in like a day care. Jerry Smith, of 309 N. Cottonbelt and also representing Rachael Miller of 307 W. Brown, said that if the zoning goes through he wants to make sure Code Enforcement enforces the restrictions because the strip center(Maria's)adjacent to his property is not kept up and the flies are real bad. Mr. Wyman stated that Code Enforcement cannot possibly know what all the problems are all the time and that if concerned citizens would call in and let the department know then the problem would be addressed but that would not happen in this case since a food establishment would not be allowed in a professional office district. The Commission asked some questions regarding parking and traffic. Mr. Davis said that his square footage would require him to have at least 5 spaces and he plans on setting up the parking lot as a one way in/one '. way out type lot to help alleviate traffic problems on Brown Street. A motion was made by Cecilia Wood and seconded by John Crowe to recommend to the City Council a request to change the zoning from "SF-3" to "0" at 308, 310 and 312 W. Brown Street. Motion passed ( 5 votes for and 1 against--Stuart Allison). ITEM NO.3: Discuss and consider a recommendation to the City Council a request from Unity Partners for a replat of two (2)lots (20.4 acres) at 1355 and 1345 FM 1378 at McMillen Road into ten(10)lots and further described as: lot 1 (10.2 acres)and lot 2(10.2 acres)of McMillen Farms Estates. Don Kreymer, President of Unity Partners, spoke in favor of the replat. The Commission was not quite sure why this was coming before them again. Mr. Wyman explained that the original replat was never finaled because Mr. Kreymer never put in the sewer and finished the improvements. Mr. Kreymer now wants to not only change the replat but also to change the engineering on the sewer improvements. Instead of going under the creek with the sewer line, he now wants to do an aerial crossing. Greg MacLean,City Engineer with Hogan Corp., explained that from an engineering point there were no grounds to not allow the aerial crossing. The only concerns were about the aesthetics and the flood water from the creek. The height will be five feet (5') above the flowline of the creek and should allow for flooding. Mr. Joel Jordan, owner of lot seven(7) directly west of lots one (1) and two (2), said that he was concerned about his access to his home when the time comes to tie onto his end of the sewer line. He granted Mr. Kreymer an easement but it was never done. He said that he is familiar with Mr. Kreymer's work and does not want this to end up another disaster with him being denied access to his property or an incomplete sewer line. The Commission discussed several things about the sewer improvements, why the replat is configured the way it is, etc. Mr. Wyman explained that Mr. Kreymer wants to sell the front three(3) acres of lot two (2) and would have to replat that but he could not leave the back half of lot two(2)without access to public right of way or to city utilities. The person wanting to purchase the three(1) acres did not want to lose twenty-five feet(25') of the frontage land to allow for an access easement; therefore the replat is configured this way. A motion was made by Steve Ahrens and seconded by Cecilia Wood to recommend to the City Council for approval a replat of lots one(1)and two (2) of McMillen Farms Estates. Motion carried, (5 vote for and 1 against--Stuart Allison). ADJOURN: A motion was made by John Crowe and seconded by Tim Owen to adjourn. Motion carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: I3art Peddicord, Chairman Kirsten Fresh, Secretary �86-1� ! 8 — I -� 6 � - 2 - City Limits 86-1 86-1 IIJ ' ITS I KI 6 I A - 86- ilv J • K - / ---- 86-1 Eg ///z 1;36_1 I A SFi Cit L 8.5 -62 f 93 - 10 rfEl 86-1IS P - A 8 ;,.===_==4 _ 2• .• 86-1 9 L_, . ' - 86-1_ 86-1 - 1 i 86-1I - IA t' 3> 69 CITY LIMITS ___ — __ __ 86-1 �� . 1N2 i i I i I K 86-1< ---J tD o . 2 8 6-1 K M r , °O 86-1 86-1.._: A, J ------ _ 8 5 • ---- - - -- ---- i --- -- %West Brown Street/( -- - — 1 ' --� ' ; ! • 85 -76 A 11 II --- A 85 -74 A .: ii . 11 1 85 -100 • r -----T----; j tyC EI anda.Communication for April lit 1995r Ordinance R1 SLIP for Auction House R adi Zonin ` Issue Discuss and consider approval for a request from Earl Wilson for a zone change of one parcel of land from Retail to Specific Use Permit at the property located at 114 North Ballard Avenue, South of Marble Street and North of Oak Street, and also being described as Lot 14, Block 18 in the Railroad Addition. Background Earl Wilson wishes to rezone this property in order to establish an auction house at the present location. Auctions will be held once a month on Sundays. Mary Parker, owner of the property, is in favor of the request. Board/Commission Recommendations The Planning and Zoning Commission voted to recommend a request from Earl Wilson to rezone his property at the March 20, 1995 Planning & Zoning meeting, with the stipulation that the SUP run for one year concurrently with Mr. Wilson's lease and be re-evaluated at the end of that year. Staff Recommendations Staff recommends approval Attachments Site location map, P &Z minutes, Parking and plumbing facility requirements, Parking diagram and letter from owner stating occupant load. )14 Prepare By Lv proved By • MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on March 20, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex,located at 2000 Hwy. 78 North,Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Cecilia Wood, Stuart Allison, John Crowe, Rich Eckman, Steve Ahrens, and Tim Owen. ABSENT: Bart Peddicord, excused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman and Secretary Kirsten Fresh • ACTION ITEMS ITEM NO. l: Consider approval of the Minutes from December 5, 1994 Regular Business Meeting. A motion was made by Steve Ahrens and seconded by Cecilia Wood to approve the Minutes as submitted. Motion carried, all in. favor(4 votes). ITEM NO. 2: Election of Vice-Chairman. At this point in the meeting both Stuart Allison and John Crowe had not yet arrived. A motion was made by Cecilia Wood and seconded by Steve Ahrens to table this election until all members were present. Motion carried, all in favor(4 votes). PUBLIC HEARING ITEM NO. 3: Discuss and consider a recommendation to the City Council for a request from Earl Wilson, for a Specific Use Permit (SUP) to hold auctions in a Retail Zoning District at 114 N. Ballard. Earl Wilson and Regina Wilson, prospective lessee's of the property, and Mary Parker, owner of the property, all spoke in favor of the request. Stating that whatever codes and changes needed to be meet in order to allow this use that it would be done. The auctions would only be held once a month on Sunday. Parking requirements could be met in rear lots, not in use on Sundays. Robert King, business owner of 127 and 129 N. Ballard, was opposed to the use; stating that he did not like the idea of a business tying up retail space that would only be in use one day out of the month. This would not generate traffic into old downtown, an area that is really suffering and needs the business. Doyle Spurgin, owner of the Auction House currently operated in Wylie, said that he was not opposed to the business, in fact the sales tax dollars would be beneficial to the City. His only complaint was that his business was restricted to only have three (3) auctions on Sunday a year and he did not feel it was fair for this business to be allowed to operate on Sundays on a regular basis. Mr. Wyman,the building official, stated that Mr. Spurgin's SUP was restricted that way since he has an agreement with the Baptist Church to use their parking lot,thus none would be available on Sundays. He also is allowed auctions on any Tuesday or Saturday he chooses. Extensive comments were made back and forth between the Wilson's, Mary Parker, Robert King and Doyle Spurgin. A motion was made by Stuart Allison and seconded by Cecilia Wood to recommend to City Council a request for a Specific Use Permit to hold auctions and to allow a temporary SUP for one(1)year to run concurrent with the Wilson's lease to be re-evaluated after the one (1)year for a possible permanent SUP, with any other restrictions to be determined by Council. Motion carried, all in favor(6 votes). John Crowe and Stuart Allison arrived prior to the discussion for the SUP and Commission decided to go ahead with the election of a Vice-Chairman. A motion was made by Stuart Allison and seconded by Cecilia Wood to nominate Rich Eckman for Vice-Chairman. Motion passed, all in favor(5 for, 1 abstain vote). ADJOURN: A motion was made by John Crowe and seconded by Tim Owen to adjourn. Motion carried, all in favor(6 votes). Vice-Chairman Eckman adjourned the meeting. Respectfully Submitted: Rich Eckman, Vice-Chairman Kirsten Fresh, Secretary kr :R,E ,„,01 Feb. 9, 1995 To whom it may concern: I am currently leasing 114 N. Ballard from Mary Parker to operate as a "Auction/Retail facility. The maximum capacity load is 80 including employees . The food concession service will be only for prepackaged foods and canned drinks . Sincerely, gal Earl utiilson Earl Wilson Auctioneering Services APR 6 Feburary 9, 1995 To whom it may concern: I have leased 114 N. Ballard to Earl Alilson Auctioneering Services . I have contracted the services of Foster Company to make changes to the facility to comply with the required city codes . Sincerely, 'lY Pa^-10-et) Mary Parker Page 1 of 2 Cll WYLIE P.0 .OX 428 WYLIE, TX 75098 APPLICATION FOR SPECIFIC USE PERMIT Case No. SUP Date Submitted/L /, /�9.5— Filing Fee $13 -e, ev Applicant iffy Address fl 0 Phone No. 4144 - S 11-70 1.0 L(11 X. '7 5 0 ) S' Work No. `f c'-,2 - 9c , 1 1 Owner Tenant V Prospective Purchaser Legal description of property for which Specific Use Permit is requested (if additional space is needed, the description may be typed legibly on a separate sheet and attached hereto)2 B Qom S.at rc,„„tt,,.(,y) .tm, 3Qc. £ .L °'"' (18) a� �t.a�P oA a►ti, . 0 i,1ut_ C, &/ 14,' V.1-c, Tx, cu-c,o tkt. y,.‘Q. 0 f , Ac c"c A. '.L.,- . „ rc. �'yvoT .tv-cQn L Cot? r0 Co.,�, ,;,t1 / X G c p„, vtQ..,-.ram_ 1--/ 6, `�' .�. a_y_. .30 V, / � � . -c o-+..etc, to Cs eck . .--tom . .)I hereby request that a Specific Use Permit be issued for the above described property for: / The current zoning on this property is lc) These are/are not deed restrictions pertaining to the intended use of this property. I have attached hereto as Exhibit A a plat showing the property which is the subject of this requested Specific Use Permit and have read the following note concerning the ' importance of my submitting to the City a sufficient legal description. S.Qata,,L2,1 , i P.P4ct- Page 2 of 2 1 If the applicant is someone other than the owner, :1ritten acknowledgement by the owner of the request must also be submitted. 2 The legal description is used to publish the notice of the required hearing and in the preparation of the final ordinance granting the Conditional Use Permit. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. r1 � • 5* g JP/ 4.44- 3.5a l ¢ LAAAA I 15 )(`)5 um"1 !p- „„.a,c1_,.. - a ;c 1".;1) rt a(-1-'t-catc''t- -�_Q_ti y-yA j ` ryNA, C a..Q- LA),�Q ,� ' cv,:� W AJ ) • • �. •,� �1 .fit -:_3�1 io t-�AJ �"1t% . � " •. . '"Uik • •l --` STATE OF TEXA ,_ ... , ...., ,... ..... ,,.._ , ..... 0.,„--,..„.., , ____ _ ,. . • , .... , _ .- . ____j...,___ • './ \ n'T`f/' AUCTIONEER LICENSE ter' • �,. l� ' `` :� 4.tI=--:, ,-;.,: ; �. ,' •`�� AUCTNR00010875 a RCI1 ! ECR WLSO . - - :0 1 ::17 ` .FEBRUARY 22ND, 1995 'i • Issued this day �� by - .Texas Department,of Licensing and Regulation :,:,, -. N:, = :.;-Box 12157 - • 'Austin, Texas.7S711 n � .��T FEBRUARY 22NI , 1996 �'�" _ DATE OF EXPIRAT10714 �, / ,flack W. Garison, Executive Director ~ !�(. r � *,. 7'r l' �'!�an» ^L^�..» j\ q 'a �V�eorm. �,�,. �1 ,h r ,6,�i � `� F " _ _,• ._ �u ' �-9o4,'. ititi,r1,fb-ii M: , DRIVE - - -- KENNE TN PUTMAN 1. jj Hil 1 22971 I .— b 1"1 ig� r23' G C KRE YMER i • YR i 22�, PEERLESS MFG. •-.(... .rc � Oil . ii ,���- 33.96 AC_ • 1 201 BILt. KPEYMER /141 19 JACK 29 76 AC � i" WI EMI. 111- PARR / // '-E_N'i i. Fs) }j� f7.�' A.Tt AC /� 91LLY KREYMER 'f���,�i�1���I�ILL��-��TT���11111 41 - !3.97 AC.`• !ram rl-r", �� /ossER " M>ER JR _ t 'A•It t't R. / IMM i1�=i 111110 t� 6.02 ►I 2.3 4i5'16 , - t•' II IAM _ to I 1+'t►MiltiiT1I 2 Y• 61i. , , ' R�. . , , i _ - � ®KAI ©Nil i ' ' a .r= L_ ' 11111. la , V E --J.0 KREYMEF 276 AC t St ACKt ek �� O. rV�11:1Q121� KC. ILL E MER • tr 27 AC ^au a IVA*I kf V lel b ji rEll • w 0 STR[� ! IC' iii - - Ton --: 1: I eillEallailimalla 'e xi. ' cr/ r. ya*,51034 El s . At' ICA U[ SVt,ItrrtoKt STt Ild 0 o�v ig t1 _z_ t� it= 0 iiiiim !s. blip � • alpi• RILL . p •$TRtt T t ,._ t + �. mid ro ■�0In - , t IU f u,u l�, .. Mc�bll� •,1 �11-" l 51k •)10111011i11,11' it!.;11:21.1. ... ZIP Itt t - iw* -- - .0' 15 0 : i• ,. I. ---wpm— GO'. to LN /Ian a it ''3 M.tr. rt c �• t OAK v C snit n �,, of • •0 „ t•1 :rip,- 11 la Ill ; �i s�� ii' r'' 111 ? ! �; iconba.0 I h A I ici Ii ■ Os i1 r • A I 11101 I►R�T l imp Ell : EL? ® EN �I b 001111vd� a 'f1.•1.It. L.., Eli r!It It : . . . ... rt1 p7 ,ct CLr7i4111 ..N....rt 1. _ klig ici QI • � FIroz10 IC: II 09 Main , s� • r • It D M 11 ro ► It 16 i • • N t 1 • • 6 1 R I 1. • II r ♦' ,\, ...� f '• , C v' 'P'1 - g 11---1/17 f.r, 7 p 1 '•t r 901 ,,�w. 1JJ�' - • '\'y,„7,Ir , dr 1 t w 1 ,t tb - t N t , t, t Q P - 1 , , 1/ 44 p.w0/; o • -Darm • \ yik • ' I • . . W.... -. • • •W N • 90 •, N ~ iii .iw• ii. 1 CAL lOM�AYl sT ET --- 19 i--._ u • W - •I .a • • •• • ► • N '• • N S. kittallni s liallil Ov L^�O It • N r • N AC 22 r f JL ni ^ .t, ► ' re Pm 19 • 7 rut K R IOAC t if • ill'TCOLLtst t sTALt rg c • ~ » . N �L.4—M • O N 1• r i• MY in st • --- �_ , �0�0•dOd ° ~ 6 q I•_ 1 •Y III It j N •I • .1 A—. 19 •I ffi +• • ro N y�1� • r „„„ . 1 1 aoondl .'c In l ouo l .. pr it r. 9,95 Ordl ncQr R u1atIn :. I d� � ISSUE Our present code is very weak when it comes to addressing the distribution of handbills. This ordinance provides specific requirements and limitations on the distribution of handbills. BACKGROUND Currently, our ordinance limits our enforcement abilities to determining that distribution of handbills is a nuisance or littering. We've looked at handbill regulations in Mesquite, Plano and Garland. These regulations differ in severity and complexity. Our ordinance basically provides very general regulations as follows: (1) Distributing to Private Property - handbills permitted if secured i.e. door hangers, rubberbanded to knob, etc. unless posted "no soliciting” or property is vacant (2) Putting on Vehicles - not permitted at all unless it is a non-commercial handbill and is handed to a person in a vehicle who is willing to accept it (3) Distributing on Sidewalks & Public Places - not permitted unless it is a non-commercial handbill and is handed to a person willing to accept it (4) Vacant Property (buildings, houses, etc) - not permitted at all (5) Posting, Attaching, etc to Private Property - not permitted without the permission of the owner/operator (6) City Parks - not permitted at all LEGAL CONSIDERATIONS Our definition of handbill is very broad and covers almost anything that can be passed out in bulk. Similar ordinances are enforced in other cities and we do not foresee any problems enforcing the regulations proposed. We can, however, fine-tune the ordinance if it appears later on that there are not enough teeth in the ordinance or it is ineffective in some way. STAFF RECOMMENDATION Staff recommends approval of the ordinance. Submitted y Approved By y y Durk 15-b Agglida COlmlml lkOtlOf ft> "` p r1111, 19'.S .................................................................................................................................................................................................................................................................................... Exec. S+ ; on/Raso1ur 1on a poini i g E1001oh Judges ISSUE Following Executive Session, Council will need to make Election Judge Appointments. The attached resolution will accomplish this and lacks only the names of candidates. BACKGROUND The Texas Election Code requires that an Election Judge be a resident qualified voter of the City and the territory/precinct over which he/she presides. The Alternate Judge at Southfork for the past three elections, Nathan Sheppard, has stated a willingness to serve as presiding judge this year if Council so desires. All former presiding judges and alternate judges at the Methodist Church for the past several elections are unable to serve. LEGAL CONSIDERATIONS It is very important in order to comply with the Election Code that Council make appointments Tuesday night or at the very latest at the April 18th worksession. ATTACHMENTS Resolution Appointing Judges 14 fii42-eZ) Submitted B l Approved B Y � pp Y RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CONFIRMING THE APPOINTMENT OF PRESIDING ELECTION JUDGES AND ALTERNATE PRESIDING ELECTION JUDGES FOR THE May 6, 1995 GENERAL ELECTION WHEREAS, the City Council is empowered by the Texas Election Code to designate presiding election judges and alternate presiding election judges for the conduct of the genereal election on May 6, 1995, and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas, that for the election called to be held on February 18, 1995, the following persons shall serve in the following capacities and at the following locations: Presiding Election Judge Wylie Methodist Church Alternate Presiding Judge Wyile Methodist Church Nathan Sheppard Presiding Election Judge Southfork Mobile Home Park Alternate Presiding Judge Southfork Mobile Home park DULY RESOLVED ON THIS the day of April, 1995. APPROVED ATTEST ty, ISSUE Engineering Services for street paving and storm drainage improvements -- extension of Westgate Way BACKGROUND The Citizen's Advisory Bond Committee and City Council agreed that Westgate Way is top priority for the city. This roadway was approved on the February 1995 Bond Election. At last months worksession, City Council agreed that Westgate Way, along with Regency and Cooper be expedited. FINANCIAL CONSIDERATIONS The Hogan Corporation has included their plan to provide engineering and design for both street paving and storm drainage improvements associated with Westgate Way. The compensation for engineering and design shall be based on lump sum amount of $42,000. In addition, there will be approximately $6,000 associated with advertising, receiving and reviewing of bids, and general review of construction. The total project cost is estimated at $636,600.00. As a reminder, this does not include purchasing of Right-of-Way. We are currently obtaining the land for the new road. LEGAL CONSIDERATIONS The only concern that may exist, is the fact we will be spending funds for engineering services prior to receiving money associated with the bonds. At previous City Council meeting, City Council did approve a reimbursement resolution that will enable the city to re-coup monies once bond funds arrive. STAFF RECOMMENDATION Approve work order WYL-7 for street paving and street drainage improvements associated with Westgate Way. ATTACHMENTS Work order for Professional Services. Submitted By Approved By