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01-11-2022 (City Council) Agenda Packet Wylie City Council Regular Meeting IA/ January 11,2022—6:00 PM vr N Council Chambers -300 Country Club Road, Building#100,Wylie,Texas 75098 CITY OF WYLIE CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS&RECOGNITIONS PRl. Fire Station 2 Life Save Award. PR2. 2nd Term Wylie Way Students K-4th Grade. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider,and act upon,approval of December 14,2022 Regular City Council Meeting minutes. B. Consider, and act upon, a Final Plat for Bailers Elite Addition, establishing one commercial lot on 0.620 acres, located at 1400 Martinez Lane. C. Consider, and act upon, a Preliminary Plat for Fathulla Addition, establishing one industrial lot on 2 acres, located 280' west of the intersection of Hooper Road and Hensley Lane. D. Consider,and act upon,a Preliminary Plat for Wellstar Addition,establishing one industrial lot on 2.31 acres and replating lots 12R,Block C and 15R,Block B, generally located east of the cul-de-sac of Capital street. E. Consider, and act upon, the acceptance of the resignation of Charla Riner and appointment of James Byrne as a new commission member to the City of Wylie Planning and Zoning Commission to fill the term of January 2022 to June 30,2022. F. Consider,and act upon,Ordinance No.2022-01 of the City of Wylie,Texas,Repealing Ordinance No.2014- 19, creating a Code of Conduct; providing for a penalty for the violation of this ordinance; providing for repealing, savings, and severability clauses;providing for an effective date of this ordinance; and providing for the publication of the caption hereof. G. Consider,and act upon,the City of Wylie Monthly Revenue and Expenditure Report for November 30,2021. H. Consider,and place on file,the City of Wylie Monthly Investment Report for November 30, 2021. Page 11 ■ I. Consider, and act upon, Ordinance No. 2022-02 amending Ordinance No. 2021-43, which established the budget for fiscal year 2021-2022;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. J. Consider, and act upon, Ordinance No. 2022-03 amending Ordinance No. 2021-43, which established the budget for fiscal year 2021-2022;providing for repealing, savings and severability clauses;and providing for an effective date of this ordinance. K. Consider, and act upon, an Interlocal Cooperation Agreement for Jail Services between the City of Wylie and the cities of Farmersville, Murphy, Parker, Lavon, and Josephine, and authorizing the Interim City Manager to execute any necessary documents. REGULAR AGENDA 1. Tabled from 12-14-2021 Remove from table and consider Consider,and act upon, Ordinance No. 2021-55 of the City of Wylie,Texas,amending Chapter 110(Traffic and Vehicles) of Article VI. (Stopping, Standing, and Parking) of Section 110-173 (Stopping, Standing, or Parking prohibited in certain places) of the Wylie Code of Ordinances; creating Section 110-173 (g) prohibiting the stopping, standing, or parking of a vehicle along the north side of Cloudcroft Dr. from S. Ballard Ave. east to the west property line of 115 Cloudcroft(approximately 582 feet) and the south side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with Vail Ln. (approximately 560 feet) and on both sides of Stoneybrook Dr.from S.Ballard Ave.west to the point of intersection with Willow Way (approximately 360 feet)during those times set forth in this ordinance; establishing an offense;providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof 2. Tabled from 12-14-2021 Remove from table and consider Hold a Public Hearing to consider, and act upon, a change of zoning from Commercial Corridor (CC) to Commercial Corridor Special Use Permit(CC-SUP),to allow for a restaurant with drive-through service on 1.03 acres,property generally located at the northwest corner of State Highway 78 and Birmingham Street. (ZC 2021-23) 3. Hold a Public Hearing to consider,and act upon,a request for a change of zoning from Commercial Corridor (CC)to Commercial Corridor Special Use Permit(CC-SUP),to allow for a restaurant with drive-through on 0.832 acres,property located at 2812 W FM 544(ZC 2021-24). 4. Hold a Public Hearing to consider, and act upon, a change of zoning from Light Industrial (LI) to Light Industrial - Special Use Permit(LI-SUP),to allow for the installation of an updated communications tower, property located at 200 Regency Drive. (ZC 2021-25) 5. Hold a Public Hearing to consider, and act upon, a change of zoning from Planned Development (PD) to Planned Development - Multi-Family (PD-MF), to allow for an affordable age-restricted multi-family development,property generally located adjacent and southwest of 2300 FM 544. (ZC 2021-26) 6. Consider, and act upon, Resolution No. 2022-01(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two-year term beginning January 1, 2022. Page 12 . WORK SESSION WS1. Discuss and review proposed facility improvements for the Wylie Senior Recreation Center. WS2. Discuss the purchase of Fire Department Apparatus Replacements. WS3. Discuss a potential townhome development generally located on North Ballard and Harvest Bend Drive. WS4. Discuss a proposed townhome development generally located on the southwest corner of Troy Road and County Line Road in the City of Wylie's Extraterritorial Jurisdiction. WS5. Discuss and present Sidewalk Repair List. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on Janaury 7, 2021 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road,Building 100,Wylie,Texas,a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary 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 972.516.6020.Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: § 551.071 —Private consultation with an attorney for the City. Page 13 § 551.072 Discussing purchase, exchange, lease or value of real property. § 551.074—Discussing personnel or to hear complaints against personnel. § 551.087—Discussing certain economic development matters. § 551.073—Discussing prospective gift or donation to the City. § 551.076—Discussing deployment of security personnel or devices or security audit. Page 14 4 01/11/2022 Item PR1IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Fire Account Code: Prepared By: Fire—Brandon Blythe Subject Fire Station 2 Life Save Award. Recommendation I'resentation Discussion On November 26, 2021,Wylie Fire Rescue received a cardiac emergency call. Dispatcher Rory Strain originally dispatched unit 990 EMT Brian Millstead and EMT Dustin Sanders, Squad 142 Firefighter Richard Hollien and Firefighter Ben Jones to the call. While treating the patient she lost her pulse, CPR was initiated, and at that time Q142 was called. Captain Andrew Johnson, Driver Engineer Jimmy Johnston, Firefighter Cale Wardlaw, and Firefighter Jeff Pynes responded for more assistance. The crews worked together to help the patient regain a pulse. All of these exceptional men saved her life. The crews controlled the airway,inserted an 1O,and defibrillated the patient twice.The patient regained a pulse and consciousness. They did not give up on her and saved her life! Financial Summary/Strategic Goals I /A 5 01/11/2022 Item AIA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of December 14, 2022 Regular City Council Meeting minutes. Recommendation I otion to approve Item as presented. Discussion The minutes are attached for your consideration. Financial Summary/Strategic Goals ommunity Focused Government 6 01/11/2022 Item A. Wylie City Council Regular Meeting ' 1 December 14,2021 —6:00 PM IN Council Chambers -300 Country Club Road, Building#100,Wylie,Texas 75098 CITY OF WYLIE CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Dave Strang,Mayor pro tern Jeff Forrester, Councilman Scott Williams, Councilman Timothy T.Wallis(6:06), and Councilman Garrett Mize. Staff present included: Acting City Manager Renae 011ie; Police Chief Anthony Henderson; Fire Division Chief Casey Nash; Finance Director Melissa Beard; Parks and Recreation Director Rob Diaz; Public Works Director Tim Porter; Project Engineer Jenneen Elkhalid; Public Information Officer Craig Kelly; Economic Development Executive Director Jason Greiner; Planning Manager Jasen Haskins; Human Resources Director Lety Yanez, City Attorney Richard Abernathy;Assistant to the City Secretary Erin Day, and various support staff INVOCATION&PLEDGE OF ALLEGIANCE Mayor pro tern Forrester led the invocation,and Wylie Boy Scout Troop Pack 5150 led the Pledge of Allegiance. PRESENTATIONS&RECOGNITIONS Mayor Porter presented a proclamation to In-Sync Exotics for being voted Best in DFW Outdoor Adventure. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens wishing to address Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider,and act upon, approval of November 15,2021 Regular City Council Meeting minutes. B. Consider,and act upon,a Final Plat,being a Replat of Lots 1 and 2,Block 1 of Country Club Addition and 2 acres of tract 22 of the Charles Atterbury Survey, establishing one lot on 13.022 acres, located at 570 Country Club Rd. C. Consider, and act upon, a Final Plat, being a Replat of Lots 1 and 2, Block 11 of Railroad Addition, establishing one lot on 0.2557 acres,located at 501C North Highway 78. Page 11 7 01/11/2022 Item A. D. Consider,and act upon,a Final Plat for Wylie Substation Addition,establishing one lot on 9.722 acres, located at 2655 Stone Road in the City of Wylie's Extraterritorial Jurisdiction. E. Consider,and act upon,a Final Plat,being a Replat of Lots 1 and 2,Block D of Regency Business Park Addition Phase 2, establishing one lot on 2.946 acres, located at 200 Regency Drive. F. Consider, and act upon, a Final Plat of Bariatric Care Center Addition, establishing one commercial lot on 20.01 acres,located at 801 South State Highway 78. G. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2021. H. Consider, and place on file,the City of Wylie Monthly Investment Report for October 31,2021. L Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31,2021. J. Consider, and act upon, Ordinance No. 2021-56 amending Ordinance No. 2021-43,which established the budget for fiscal year 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. K. Consider, and act upon, the approval of the purchase of a parking lot lighting system for the Wylie Senior Center and Community Park from Musco Sports Lighting, LLC in the estimated amount of $124,333.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#592-19), and authorizing the Interim City Manager to execute any necessary documents. L. Consider,and act upon,the approval of the purchase of Pavement Resurfacing Services from Reynolds Asphalt and Construction Company in the estimated annual amount of $1,100,000.00 through an existing City of Grand Prairie, Texas contract and authorizing the Interim City Manager to execute any necessary documents. M. Consider, and act upon, the approval of the purchase of playground equipment for Valentine Park from WeBuildFun, Inc. in the estimated amount of $69,671.51 through a cooperative purchasing contract with Buy Board Cooperative Purchasing and authorizing the Interim City Manager to execute any necessary documents. N. Consider, and act upon,the approval of the purchase of Motorola Radio Equipment and Maintenance Services in the estimated annual amount of $150,000.00 from Motorola Solutions, Inc. through a cooperative purchasing contract with H-GAC Buy and authorizing the Interim City Manager to execute any necessary documents. O. Consider,and act upon,the approval of the purchase of Chevrolet Tahoe SSV vehicles in the estimated amount of $75,330.00 through a cooperative purchasing contract with the Sheriffs Association of Texas, and authorizing the Interim City Manager to execute any necessary documents. P. Consider, and act upon, the approval of the purchase of Chevrolet Tahoe PPV vehicles for the Police Department in the estimated amount of$207,000.00 through a BuyBoard cooperative purchasing,and authorizing the Interim City Manager to execute any necessary documents. Q. Consider, and act upon, Resolution No. 2021-45(R) of the City Council of the City of Wylie, Texas to ratify Wylie Contract#W2021-4-A for Human Resources Benefits Consulting from HUB International Texas in the estimated annual amount of$66,000.00,and authorizing the Interim City Manager to sign any and all necessary documents. Page 2 8 01/11/2022 Item A. Mayor Porter requested Items K and M be pulled from the Consent Agenda and considered individually. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Mize,to approve Items A-J,L, and N -Q of the Consent Agenda as presented.A vote was taken and motion passed 7-0. REGULAR AGENDA K. Consider, and act upon, the approval of the purchase of a parking lot lighting system for the Wylie Senior Center and Community Park from Musco Sports Lighting, LLC in the estimated amount of $124,333.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing(#592- 19), and authorizing the Interim City Manager to execute any necessary documents. Council Comments Mayor Porter advised he wanted to highlight that this was part of the budget that was brought forward and provides the opportunity to put lights at Community Park and the Senior Recreation Center and will enhance safety in the area. Council Action A motion was made by Councilman Williams, seconded by Councilman Wallis,to approve Item K as presented.A vote was taken and motion passed 7-0. M. Consider, and act upon, the approval of the purchase of playground equipment for Valentine Park from WeBuildFun, Inc. in the estimated amount of $69,671.51 through a cooperative purchasing contract with Buy Board Cooperative Purchasing and authorizing the Interim City Manager to execute any necessary documents. Council Comments Mayor Porter advised the playground equipment at this park is older and limited, and the new equipment will have some inclusive and ADA accessible options. Councilman Williams gave credit to the Parks and Recreation Department for their purchasing abilities and how they were able to save City funds. Council Action A motion was made by Councilman Strang, seconded by Councilman Wallis, to approve Item M as presented. A vote was taken and motion passed 7-0. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 6:20 p.m. Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES1. Discuss Right-of-Way Acquisition for McMillen Drive. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 6:51 p.m. Page 13 9 01/11/2022 Item A. REGULAR AGENDA 1. Consider, and act upon, adoption of Ordinance No. 2021-57 determining a public use, need and necessity for the acquisition of property and permanent easements to expand a public right of way being a 7.307 acres tract of land situated in the J.W.Mitchell Survey,Abstract No.589,City of Wylie, Collin County, Texas, as more particularly described and depicted in attached Exhibit "A," "A-1," "A-2," "A-3," and "A-4"; among other things,facilitate the construction,access,repair,maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas (collectively, the "Project") in the City of Wylie, Collin County, Texas; authorizing the Interim City Manager and City Attorney, or their respective designees, to acquire the property including making initial bona fide offers, and authorizing the City Attorney to file proceedings in eminent domain to condemn the needed real property for public use,if necessary; and providing an effective date. Council Action A motion was made by Councilman Strang, seconded by Councilman Wallis, stating I move that the City Council of the City of Wylie, Texas authorize the use of the power of eminent domain to acquire property in fee simple located in the area described and depicted in Exhibit "A," "A-1," "A-2," "A-3," and "A-4" to the ordinance under consideration by the City Council,for the purpose of the construction,access,repair,maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie,Texas and all appurtenances related thereto.A vote was taken and motion passed 7-0. 2. Consider, and act upon, adoption of Ordinance No. 2021-58 determining a public use, need, and necessity for the acquisition of property and temporary construction easements to expand a public right of way being 6.885 acres tract of land situated in the J.W.Mitchell Survey,Abstract No.589,City of Wylie,Collin County,Texas,as more particularly described and depicted in attached Exhibits "A," "A-1," "A-2," and "A-3"; among other things,facilitate the construction,access,repair,maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie, Texas (collectively, the "Project") in the City of Wylie, Collin County, Texas; authorizing the Interim City Manager and City Attorney, or their respective designees, to acquire the property including making initial bona fide offers, and authorizing the City Attorney to file proceedings in eminent domain to condemn the needed real property for public use,if necessary; and providing an effective date. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, stating I move that the City Council of the City of Wylie, Texas authorize the use of the power of eminent domain to acquire property in fee simple located in the area described and depicted in Exhibits "A," "A-1," "A-2," and "A-3" to the ordinance under consideration by the City Council,for the purpose of the construction,access,repair,maintenance and replacement of public roadway facilities and related public improvements in connection with the expansion of McMillen Road from McCreary Road to Country Club Road in Wylie,Texas and all appurtenances related thereto.A vote was taken and motion passed 7-0. WORK SESSION Mayor Porter convened the Council into Work Session at 6:56 p.m. WS1. Discuss City Council Code of Conduct Ordinance. Mayor Porter stated City Attorney Abernathy was present to discuss the two Code of Conduct Ordinances presented by the City Council Subcommittee. The two versions presented are identical with the exceptions of one having a Page 14 10 01/11/2022 Item A. board of review. Staff is requesting direction on which Ordinance the Council would like to approve. At a future meeting,Abernathy stated Council also will need to appoint a reviewing attorney. Council direction was to move forward with the Ordinance having a board of review. WS2. Discussion regarding parking on Cloudcroft ordinance. Assistant City Manager 011ie addressed Council stating Council discussed an ordinance at the last meeting. Based on the discussion from Council, staff has drafted a new ordinance (Item 4 - Ordinance No. 2021-60) that would restrict parking throughout the subdivision during the specified hours and would require a permit for those parking in front of the homes during the specified time. 011ie explained some challenges with requiring a parking permit for the entire subdivision. Staff requested Council direction on if they would like to move forward with no required parking permit and no parking, stopping, or standing during designated hours on specified streets (Item 3 - Ordinance No. 2021-55), or with a required parking permit in order to park, stop, and stand during the designated hours throughout the subdivision(Ordinance No. 2021-60). Council direction was to move forward with bringing Ordinance No.2021-55 back at a future meeting with changes to the proposed distance and cross streets. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Open Session at 7:33 p.m. REGULAR AGENDA 3. Tabled from 11-15-2021 Remove from table and consider Consider,and act upon,Ordinance No.2021-55 of the City of Wylie,Texas,amending Section 110-173 (a)(10)(Stopping,Standing,or Parking prohibited in certain places)of Article VI(Stopping,Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances; prohibiting parking, stopping or standing of a vehicle along the north side of Cloudcroft Dr.from S.Ballard Ave. east to the point of intersection with the private drive of 101 Cloudcroft(approximately 115 feet),and on the south side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with Aspen Ln. (approximately 245 feet); establishing an offense; providing for a penalty for the violation of this ordinance; providing for repealing,savings and severability clauses; providing for an effective date of this ordinance and providing for the publication of the caption hereof. Council Action A motion was made by Mayor pro tern Forrester,seconded by Councilman Strang,to remove Item 3 from table and retable until January 11, 2022. A vote was taken and the motion passed 6-1 with Councilman Williams against. 4. Consider, and act upon, Ordinance No. 2021-60 of the City of Wylie, Texas, amending Article VI (Stopping, Standing, and Parking) of Chapter 110 (Traffic and Vehicles) of the Wylie Code of Ordinances, creating Section 110-190 resident only parking permit areas; permitting parking in certain areas by permit only during those times set forth in this ordinance; establishing an offense; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses;providing for an effective date of this ordinance;and providing for the publication of the caption hereof. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams,to deny Item 4 as presented. A vote was taken and the motion passed 7-0. Page 15 ■ 01/11/2022 Item A. 5. Hold a Public Hearing to consider, and act upon,a change of zoning from Commercial Corridor(CC) to Commercial Corridor Special Use Permit (CC-SUP), to allow for a restaurant with drive-through service on 1.03 acres, property generally located at the northwest corner of State Highway 78 and Birmingham Street. (ZC 2021-23) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting a Special Use Permit(SUP) for a drive-thru restaurant on 1.03 acres generally located at the northwest corner of State Highway 78 and Birmingham Street. The Zoning Ordinance requires all restaurants with drive-throughs to obtain a SUP. The proposal includes a new 11,100 square foot structure to include a maximum 1,800 square feet dedicated to the drive-thru restaurant on the southwest end of the structure. The SUP conditions allow for up to 6,000 of the remaining square feet to be a restaurant use(without drive-thru).The remaining square footage is proposed to include unspecified uses that would be allowed by right. Haskins stated the proposed SUP conditions and the zoning exhibit include several exceptions to typical Zoning Ordinance and Design Manual standards which is generally related to the area being under-parked in number and size of parking spaces,and they are utilizing public ROW for parking. Elevations were not provided and are not included in the SUP conditions or Zoning Exhibit, and the property currently consists of multiple lots; therefore,review and approval of a separate site plan, landscape plan, elevations, and plat shall be required should this SUP be approved. Haskins reported the surrounding properties are zoned Commercial Corridor and there are currently 10 other drive- thru restaurants within'/4 mile,all occupied.The site is located in the General Urban Sector of the land use map and the proposed use is consistent with the existing surrounding development and land use classification of the comprehensive plan. Haskins stated approval of this SUP shall require an amendment to the City Code of Ordinances, Chapter 110, Article VI, Section 110.173(a)(10)(i)that prohibits parking on the south side of Industrial. Haskins stated 12 notifications were mailed; with no responses returned in favor or in opposition to the request. After some discussion regarding the limited parking and the request for off-site parking using the public ROW,the Commission voted 5-2 to recommend approval, with the dissenting Commissioners citing the off-site parking, safety concerns backing into the ROW, and general size of the structure relative to the size of the property. Council Comments Mayor pro tern Forrester asked about the SUP process and its intent.Haskins replied an SUP could just be to allow for a drive thru; however, this applicant was asked to, and did provide, a Zoning Exhibit because of the conditions that were put on the SUP. Mayor Porter asked what variance was being requested for the parking. Haskins replied that the SUP Conditions are asking for 1 to 250 square feet and our current standards are 1 to 125 square feet for drive thru restaurants and 1 to 100 square feet for sit down restaurants.During normal circumstances,the City would require 80 total parking spaces for this proposed development and the applicant is providing 57, in which 19 are located in the City right of way. Council asked questions regarding the size and number of parking spaces as well as the location of the parking spaces, and members of Council expressed concerns with the number of variances requested as well as parking in the right of way. Applicant Comments Patrick Filson, applicant, addressed Council stating the proposed drive through is a national coffee user, Dunkin Donuts, and acts as a morning user. If a sit-down restaurant was to come in it would be 4,200 square feet and not 6,000 as the 6,000 square feet is the total square footage including Dunkin Donuts. Filson stated they were open to working with the City on this. Public Hearing Mayor Porter opened the public hearing on Item 5 at 8:04 p.m. asking anyone present wishing to address Council to come forward. Page 16 12 01/11/2022 Item A. Marvin Fuller addressed Council stating he was in favor of development on the property but had concerns with the parking variance, and would like construction materials to be similar to surrounding businesses. Mayor Porter closed the public hearing at 8:08 p.m. Council Comments Mayor Porter asked the applicant if they would be interested in tabling the item to address some of the concerns expressed. Filson stated they can look at possible changes,but thinks the on-street parking is an important part of this project in order to make this project successful for all parties. Council discussion included if the applicant can work on width,number,and location of parking spaces as well as the facade of the building they are open to looking at it. Staff Comments Public Works Director Porter stated as an engineer, he sees parking on a curve as a safety issue and would not recommend. From an engineering perspective,there are some other issues with the traffic. Filson requested Council table this item so that he can work with staff to better utilize the site. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams, to table Item 5. A vote was taken and the motion passed 7-0. Mayor Porter recessed the Council into a break at 8:32 p.m. Mayor Porter reconvened the Council into Regular Session at 8:39 p.m. 6. Consider, and act upon, the approval of the modification to contract #W2018-118-A Solid Waste & Recycling Services with Community Waste Disposal L.P., adjusting the billing rates effective January 1,2022, and authorizing the Interim City Manager to execute any necessary documents. Applicant Comments Jason Roemer, Vice President of CWD, addressed Council giving a presentation that included: the CWD Action Plan which addressed collection delays, truck spills/leaks, adjusting driver workload, service on new streets, cart delivery,citywide bulk sweep and scheduled collections,meetings with City staff and community involvement,and third-eye GPS and service verification system. Staff Comments Utility Billing Manager Orie Cross addressed Council giving complaint statistics since November, and added that she believed that CWD is taking steps to provide better service and hope that it continues. Council Comments Mayor Porter asked staff what the term on the current contract is. 011ie replied that the last contract was done in 2018 for a five-year term, expiring in 2023. Mayor pro tern Forrester asked if anything has been discussed with CWD regarding any recourse action from a City standpoint if service is not met. Cross replied not that she is aware of Councilman Strang stated based on the presentation, CWD is taking some good steps to improve service. Councilman Williams asked if the contract has an annual change in price. Mayor Porter replied it is tied to CPI, diesel fuel, and disposal cost and comes to council for consideration. Council Action A motion was made by Councilman Mize, seconded by Councilman Wallis,to approve Item 6 as presented.A vote was taken and the motion passed 6-1 with Councilman Duke voting against. 7. Consider, and act upon, Ordinance No. 2021-59, amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Article VI (Stopping, Standing, and Parking), Chapter 110 (Traffic and Page 17 13 01/11/2022 Item A. Vehicles), Section 110-187(Overnight Parking),to allow campers,RV(recreational vehicle), or travel trailers to be temporarily parked in front of the owner's residence for loading and unloading purposes only for a period not to exceed twenty-four hours. Staff Comments Police Chief Henderson addressed Council stating per Council direction, staff recommends amending the Wylie Code of Ordinances to allow a camper, RV, or travel trailer to be temporarily parked in front of the owner's residence for loading and unloading purposes only for a period of time not to exceed twenty-four hours. Council Comments Mayor pro tern Forrester asked for the steps law enforcement would take when a complaint is received. Henderson replied they would contact the owner, ensure they are aware of the ordinance and start the twenty-four-hour time period at that time, and follow up after the time period is over. Henderson stated they strive for compliance. Council Action A motion was made by Councilman Strang, seconded by Councilman Williams,to approve Item 7 as presented. A vote was taken and the motion passed 5-2 with Councilman Mize and Mayor pro tern Forrester opposed. 8. Consider,and act upon,authorizing the execution of a Deed without Warranty to convey 0.0337±acres of land situated in the Samuel B. Shelby Survey, Abstract No. 820T, City of Wylie, Collin County, Texas from the City of Wylie to KEP Brown Street Village,LP. Staff Comments Assistant City Manager 011ie addressed Council stating staff was contacted by a potential buyer of the subject property regarding a filed warranty deed of a drainage easement located on 511 W.Brown Street.While researching documents and ordinances, it was determined that the warranty deed gave ownership of the land, in fee simple, to the City. An easement typically does not involve transfer of ownership, but rather allows the use of land for a specified purpose and in this case, a drainage ditch. Staff has worked with the owner and City legal team to draft the attached document that will deed the land back to the owner,without warranty from the City. The deed without warranty is a document that transfers title without any warranties, express or implied. Also, on the current agenda is a document that will dedicate the drainage easement to the City. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to approve Item 8 as presented. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, acceptance of an easement conveying to the City of Wylie easement rights on 0.0337± acres situated in the Samuel B. Shelby Survey, Abstract No. 820T, City of Wylie, Collin County,Texas from KEP Brown Street Village,LP. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang,to approve Item 9 as presented. A vote was taken and the motion passed 7-0. 10. Consider,and act upon,Resolution No.2021-46(R)opposing the Texas Commission on Environmental Quality(TCEQ) application for a proposed wastewater treatment facility located 0.4 miles northwest of the intersection of North Murphy Road and Rolling Ridge Drive in Collin County, Texas near the cities of Murphy,Parker,and Wylie. TCEQ Permit No. WQ0016003001. Staff Comments Assistant City Manager 011ie addressed Council stating City Council members have been contacted by citizens expressing their concern with the proposed wastewater treatment plant located within Parker's ETJ. The cities of Murphy and Parker, and the North Texas Municipal Water District have adopted resolutions to oppose the plant. Page 18 14 01/11/2022 Item A. 011ie reported the proposed plant sits approximately 1.06 miles from Wylie's nearest residential subdivision. Staff has obtained a copy of the documents presented to the Murphy City Council. Council Comments Mayor Porter stated that Maxwell Creek drains into Muddy Creek and does impact some of the City of Wylie downstream. Council Action A motion was made by Councilman Strang, seconded by Councilman Williams, to approve Item 10 as presented. A vote was taken and the motion passed 7-0. WORK SESSION Mayor Porter convened the Council into Work Session at 9:16 p.m. WS3. Planning Department Presentation. Planning Manager Haskins addressed Council giving a presentation on the Planning Department. The presentation included: The Team, Responsibilities, Development Projects, Boards/Commissions/Council, plans/Ordinances/Regulations, Mapping, Assistance and Requests, and Future Goals. Council thanked Planning staff for all that they do for the City. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Open Session at 9:35 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 9:35 p.m. Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES2. Consider the sale or acquisition of properties located at FM 544/Cooper and State Hwy 78/Brown. ES3. Discuss property generally located in the area of Parker Rd. and Country Club Rd. Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. (a)This chapter does not require a governmental body to conduct an open meeting: (1)to deliberate the appointment,employment,evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee; or (2)to hear a complaint or charge against an officer or employee. (b)Subsection(a)does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. ES4. Discuss staffing options for the City Engineer and Project Engineer. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: Page 19 15 01/11/2022 Item A. (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). ESS. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects:2017-10a,2020-11b,2021-4a,2021- 6a,2021-8a,2021-9e,2021-9g,2021-11a,and 2021-11b. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 11:09 p.m. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. Administrative Assistant to the City Secretary Day read the captions to Ordinance Nos. 2021-56, 2021-57, 2021- 58,and 2021-59 into the official record. ADJOURNMENT A motion was made by Councilman Williams, seconded by Councilman Strang,to adjourn the meeting at 11:13 p.m. A vote was taken and motion passed 7-0. Matthew Porter,Mayor ATTEST: Stephanie Storm,City Secretary Page I10 ■ 01/11/2022 Item B. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon,a Final Plat for Ballers Elite Addition,establishing one commercial lot on 0.620 acres,located at 1400 Martinez Lane. Recommendation I otion to approve Item as presented. Discussion OWNER: Huy Nguyen APPLICANT: Boundary Solutions The applicant is proposing to create one commercial lot for the development of an indoor training gymnasium located at 1400 Martinez Lane. The site is zoned within the Commercial Corridor district and the proposed use is allowed by right. The site plan and preliminary plat for this development were approved in May and June of 2020,respectively. The final plat differs slightly from the preliminary plat as a turn radii of the entry driveway was adjusted to correspond to the dimensions of the approved site plan. The final plat also includes a 24' wide fire lane, access, and utility easement. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. Financial Summary/Strategic Goals I'lanning Management 17 01/11/2022 Item B. CURVE RADIUS ARC LENGTH CHORD LENGTH HORD BEARING DELTA ANGLE „z 1 1 COUNTY OF COLLIN PROPERTY OWNER'S CERTIFICATE STATE OF WHEREAS.Huy Nguyen.is the Owner of a tract of land situated in the City of Wylie.Collin County. .out n Survey, 00 ,he Official67, Public Recordsall of Collincalle y.Texas.cres and b g furthebed r described deed to as follows:Nguyen as recorded coder "z0200a0 000 00260 of LINE EARING DISTANCE I 9ffr Public R that e=arda Texas; described,n deed Linda M.Martinez as regarded under 0„9g,A000BT,g5O of of in x D D.dD2 ACRES THENCE m (Directional G and des=abedof so. deednez =far a6 H'zo"„og,4000'",950 to o Trevino as recorded under CC#96-0051766 of,he Land Regards of Collin County.Texas. agree.and the Norrhwea,corner of cold Trevino tars; =,. .g6 fee,,o a 1/2 inch steel rod found at the southwest corner of said 0.620 Northseconds Fast,200.00 fee, a nail found at the Northwest corner of said 0.620 acres,and at the of b61B,D E 13<g6 ..„BEGINNING I THENCE south 86 degrees s 18 minutes,O seconds East, 130.96 feet the POINT OF BEGINNING,containing .620 acres of land. aT�BP f L, 9 00.W 0'B„o,Nd s BALx IN z=G NOW,THEREFORE.KNOW ALL MEN BY THESE PRESENTS. L,T 03�030 W I000 I frees. 2a act LOT 1-R HOLLAND HITCH ADDITION EASEMENT I vOL.2010,PG.352 utilityhe public use forever.for the purposes indicated on this plat. No buildings. L23 e6'IB l0"E 12.,3 m Lea o3'So 30' � easemens an W 2.3A' I '" ,antes,trees,shrubs or o,ne L25 0315030'W 69.50' ,M1af lantlscape improvement er improvemen s d public use areas.as shown.are for may be p acetl in I by the antl,cape Cuss `a"..ea b bord.noie ins PUbtiea and G y or y es uae,hereon. easements may also b use ror the mutual us easement limits the use,o particurar utilities.s- ---- -I I i are use by public Ili GI 513 N '16 The City of Wylie and public utility entities shall have the right to remove and keep removed all or ports of any buildings,fences.trees. of ingress and rzRdfL sShrUbS or other Improvements or growths which may in any way endanger or interfere wiM the construction,maintenance,or efficiency of permission all or parts of their respective systems without the necessity at any time procuring from egress to or from their respective easements for the purpose of constructing,reconstructing,inspecting,patrolling,maintaining,reading Y,YEASEMENT - p\,�5 anyone.Thisplat approved subjemeters.and adding to or ct to a p , g ordinances,rules,regulations and resolutions of the Y / Y Texas. CC#20160,0800W,750 5 SEUR '.'- I'�Ea N- o E.C.DAVIDSON SURVEY,A-267 iI LOT , - I BY. lY BLOCK A _ oml 0.620 ACRES �� pa Z ' Authorized Sig lure of Owner 26,991 SO. FT. • w Ilu Printed Name and Title n I COUNTY OF COLLIN I ry I I SBEFORE me,/be undersigned auMority.a Notary Public in and for Ithe State of Texas,on this day 1358808,118 appeared Huy Ngaren,the sa a for thepurpose and considerations therein expressed. n$ to me to be the person whose name is subscribed to the foreoing instrument and acknowledged to me that he executed �IO B ILDING SETBACK ONE I GIVEN UNDER 20 D SEAL OF OFFICE this day of HOLLAND HITCH ADDITION N B6'IB'10"W 134-g6 s/e'sys" VOL 2010,PG-352 r. Note:Bearings e ringsrbase Central Texasd on Plane Coordinate I I NY,arCommission n and Expiresfor On.Collin County,Texas Sys orth NOTICEI Se/e! e r plastic a p stamp Baan ry Solutonsi 0R i II I OW ALL MEN BY THESE PRESENTS: SURVEYORS CERTIFICATE CCJ(95-005,]66 Selling a b; rn' t p p Y 0 cad under y p sonol p vision rn accordance whh,he Plot g metes and bounds is a f subjectOrdinance and State Law and is I np ules an a ions a e of yl e. to fines and withholdings PRELIMINARY Fe FOR REVIEW ONLY. and 6uu g p mns. o utilities a IIV THIS DOCUMENT B r SHALL NOT BE RECORDED FOR ANY PURPOSE. FLOOD NOTE: Recommended far pp vm Subject tract , ated sane 2,2009 located d scaled from F.I.R.M. COUNTY OF COLLIN BEFORE me,the undersigned authority.a Notary Public in and for the Slate of 9 Texas,on this day personally appeared Matthew f y rexos za g ommissron ogre annual Chance flo p in, d t0 be outside the O.2x SCALE: 1"=25' execured thesame for th p p e and consideraton ,here s in p ssed. ego g rum''''and a=know,edge ,o me the,he pp red ror coneru=tian 0' 25' 50' 75' 100' �= GIVEN UNDER Mr HAND AND SEAL OF OFFICE this day of VICINITY MAP tes Aa P ey or r rexoe Date (mot to Scale) Notary oboe in and for Collin County,Texas as Dare \\�� My Commission Expires Om FINAL PLAT Mayor,City of Wylie,TexThe undersigned,the City Secretary of the City of Wylie.Texas.hereby certifies that the foregoing final plot of the Finol BALLERS ELITE ADDITION lers Elite Addition,Lot 1,Block.A, i an Addition to the City of Wylie. o Council on the day of ,20_ d the Council,by formal action.then ane7Vere...pr.a tn.dedication Call,'' -- a notepublic places,and water and sewer lines as shown and ll e a parks.n=end fnerearpon 'l 1111 & LOT 1, BLOCK A Wby itness signing hisis name asplat and said Council hereinther above subscribedd the . O O SURVEYOR: OWNER: TOTAL ACREAGE=0.620 ACRES this Boundary Solutions Huy Nguyen E.C. DAVIDSON SURVEY,A-267 116 McKinney St. 94 Carriage Trail Earn S5SVme, Tx Wylie, Tx 75088 CITY OF WYLIE Texas ND.PreJobpared:2003-D2, 214-499-8472 COLLIN COUNTY,TEXAS April 20 p 2020 18 01/11/2022 Item C. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon,a Preliminary Plat for Fathulla Addition, establishing one industrial lot on 2 acres, located 280' west of the intersection of Hooper Road and Hensley Lane. Recommendation I otion to approve Item as presented. Discussion OWNER: Jalil Fathullah APPLICANT: Roome Land Surveying The applicant is proposing to create one industrial lot for the development of an office/warehouse park located 280' west of the intersection of Hooper Road and Hensley Lane.The site is zoned within the Light Industrial district and the proposed uses are allowed by right. The site plan for phase one was approved by the P&Z Commission in December 2021. The preliminary plat includes a 24' wide fire lane,access,and utility easement with access from Hensley Lane. There are two existing water and sewer lines that run east and west on the subject property. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 5-0 to recommend approval. Financial Summary/Strategic Goals I'lanning Management 19 01/11/2022 Item C. OWNBaS DEDICATION AND ACKNOWLEDGEMENT / STAY OF 1E%S 9 / COUNTY OF COLLIN 9 /T/ / WHEREAS J.Falhullah,the owner of a tract of land situated in the Stale of Texas,county of Collin and City of Wylie,being part of the / William Samse Survey.Abstract No.635,being 2.00 acresout of the westerteportion of a 400 acre tract as recorded der Couny Cie.Nan. / 2➢11➢BEGIN 05220 an z023D4290o0e 0D9 of the C< Land Records,with m re particularly describedas follow: iroper.(IC BN<Ls Deli' Cmpmy / BEGINNING at a RPLS 3963 capped Iron roe found fin th<unorth right-of-way line oftlHu Hensley Lone(65'n ROW.)antl rmarkn the southwest (oweB�Ss wax vmz 1 2 0J corner of said 4.00 acre tract,and the southeast comer of a(Tract I)wiled 5.28 acre tract as recorded under County Clerk No. al T01a0515PM59aHq Cali .Sli,aPg m<.1S C4F 20180515000589300 of the Collin County^e west Lantl Records; �// - T'' -_ _- 6/e1RF 310,66 feet to THENCE oRwme copped mid eiron tlrod set marking the ne of �noNM1west`come of said 4,00 acre rt and.east <tract,th of saide northeast.28 acre tract, of said 5.28orth 4acreesl T80.84' s/6RF __ tract,and being in the south line al ad(Tract 2)called 1.56 acre tract«recorded untler said County Clerk No.2016051500058000: - -- -- -T THENCE with the north Ira of m 4.00 acre...rid the south line of mid Tract 2:1.56 tract,North O9'15'42"East, o••i^g the v \ southeast soner of said tract 2 at 161.89 feet,and southwest comer of an Oncor Electric Delivery aEas<Easement called 1.3920 acre tract as n+wex ✓As oas ? recorded in Volume 524,P`ge 435 of the Collin County Land R«ards and continuing fora fatal distance of 260.94 feet to a 5/8"iron rod I found marking the northeast corner of I-herein deem..npremises; ss scow Nw THEN, with the east a of said premix:and passing through said 4.00 acre tract,South 06.3.09'East,310.63 feet too RPLS 3963 I upped iron rod,found in the northright-of-way line off mid.Hensley Lane,the south line of said 4.00 acre trod,and marking the southeast // n co er of mid premises: Lot Ir Block A I place THENCE with the north right-of-way line of Hensley Lane ndthe south line of soitl 4.00 acre tract,South 69'15'16"West,279.69 feet to beginning containing al 1 q fee or2.00 acres Iona. / ti lwee),se ) I OWNERS 0ER9FlCATlON / �/ J 1011041900087a 0.CUR / L' STATE OF TEM g COUNT(OF COLL. 9 I'"re� �, ^\\ m NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: 3' That,J III FathulloM1 th as F^thulla Ad I Black',,/ � � � �h �� \Ig CO a e owner,doe hereby adopt t s plat aesignetea therein above aescnbea property iron Lot q on addition i to the City of Wylie ereon.s n does is an^lleys.dedicate,in simple,to the public use former,the streets,rig ts-d-way,se other � 11 v } f t"a i'��/ \ dahlia improvements Shawn Thereon.m<streets one alleys. anro are aeaiad<a for abeetapamaeea.'The easements�a public use areas. < L C�e�m e dedicated,for the public use forever,for.pprpoms indicated n this peat.No buildings,fences,,tree h r other mrovements or a E S jm +-_ _ ryi7$ \ growths anon b<constructed or food upon, or foss m<<a a shown, xa Iona p<improvements may b< n \ landscape a«emeds,f approved by the City council of the City of easements In addition,utilibp easements:may also beused for mutuallus --' m '' ,O R .�� - �` K / ammodation of all public utilities desiring to use or using the m unless the easement liits the use to particular utilities,said use rye (nalke� r 1 11 i I Y / (eat o` <wJ \\ public utilities being subordinate to the public's and City of Wylie's um thereof. 7 mlansaaugmz �, $ ---- }FSa ay To11as1'"'llo a. \ y iL+ r-v } al sn110:290awmag0, \ Q The City of Wylie and public utilities entities shall have the right to remove and keepremoved all or parts of any building,fences,trees,sM1mbs S H�n'y r L >� t�improvements or growths which may i^aro way endanger or interfere withcall tructlo pare maintenance.or efficiency of their respect.systems In Said amment The City of Wylie on \ or their es dive elements for the pu constructing,ure str shall inspecting.patrolling,tmaintainng,treading meters,antl ad I.' I5 I: \\ to or removing all or Darts al their respective systems without the necessity at,constructing, procuring Per..fora anyone of • 1 IF I I \ This plat approved nth subject to plating inances,rules.regulations and resolutions or the City of Wylie, m , WIMESS,my hand.thisthe—day of _.202_r \ _— ——-523 Walkfathullah,Owner) L aeC can -'- 111 Jg Ls N ACKNDw1EDCEMENr a am a�— __ / 39w �-l9PB�\'b,Ma.w/Bearing) ` �9 3 C LS%61 STAY OF YIUS § Caa.l,cu.T 151 m. 1 Ya.lal`w, PaJIdI0M1 COUNTY OF COLLIN 9 / BEFORE ME.Me underemgs etl autnorilN^on tnis dayoeermnoll^al80mretl Jalil FothullaM1.known to me to be the E rson whose name is sir r�b�c Hensley Lane(65'R.O.W.) R 921/Rtin 01104,d to that e e was exmutetl for the pNO2_ and consi rauan therein expreema°s GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the ,My of___ ,202_ _- -- -- -- -- -- -- -- -- Notary Public in antl for -- The State of Texas Printed Nome N.A.'',soles vaz- car,m1g, ge alz cave Curve Table ro zsm xabs S454.1,61sssszmv tsfi:os Erse Table NV / Notice:selling a portion of this addition by - metes and bounds is a violation or city ordinance and sta.law and is o fine: an withholding utilities and building permits. LIP IT es'Us 1.161 SURVEYOR'S CPRIIFICATF "Recommended for Appro.!. ff. Doss::[ xmls w O.lo'xp N NOTES:Notes:1)Bmrings Based on a 4.00 acre tract as recorded STALE OF TEXAS $ under my Clerk Nos.20110520000522010 and 20210429000820.0 COUNTY OF COLLIN 9 of the Collin County Land Records.2)No ort of the subject property KNOW ALL MEN BY THESE PRESENT: Choha m n PI citing Zoning Commission Date lies within a Special Flood Hazard F. inundateddIns ra a Rate flood perMap Cityraf VlRliea Texaa an CM E .9ty.Texas and o^them F. THAT I.F.E.Bemenderfer Jr.,do hereby edit that X),Collin County.survey ed without dated June 2�Commitment Y certify prepared this amending plat from op actual antl 5)This coney was performed without the benefit Title Commitment survey under:land and that the tamer monuments shown there.on cod were found and/or properly a to and all easements of record. under my supervision in accartlance with the applicable codes and ordinancesof Me City of r 1 r wN1e, 'Approved for Construction" NOT FOR RECORDING A rave of LOCATION MAP F.E.Bemmeerfer Jr. E.BE R D' D' 6D' Preliminary Plat RPLS No 4051 1P Mayer,City of Wy1i•,Texas Date N.T.S. werow„St 1z0' �, p fie I Fathulla Addition PROJECT ACKNO'ALEDC£MENT Lot 1,BlockA LOCATION «P. STAY OF YXAS 5 Mayor.City of W/�ie.Texas Date FM 54A TP COUNTY OF COLLIN s 1 Commercia/Lot—2.00 Gross Acres William Sachse Survey,Abstract 835 BEFORE ME,the untlemignetl uthar y,on tM1is day Dvsanolly appearw F.E.Bementlerfc Jr., The untlereignW.tM1<City sttretary of the City of WRIi<,L<xas,hereby eertiR<s Mat M<foregoing acab<d m roe foregoing ins0am<n1 who vrHimmary Plat m Fmhaua Adaaian cot 1.BI«k q fo the c'ue a wyrc<was sabmnt<a m the city City of Wylie Colin Coup Texas t ,,„ /21eap�pwl<ag<n io m<inai iced mesas'.«�t<a ror me pammes and can<iaermion m«an copnca an tM1<__as ar _ _ zak an m<caancil,br mrmm acnon,mensome. dew more«ceetea to e<ana6«of<tie<t<.ad<r�e ik, tteemhof;W«ris laces,and wd<r ant November22,2021 4a er lines as shown and set forth m am upon is plat am mid Council further authorized the Mayor to note the acceptance thereof by signing m me a< ei abov. ubscribeaAmu GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the____day or ,z02_ V ,w„,r.. wil^m<my hand this___day of_____.AD..z02_. Revi5<p;12.0b2021 P/AC/TOP104/ACP84 ltlabg SumPar Namry Patina n�a far gerH malb� < a s�..,nn rate of Texas T �D,: spa „ ID _ Room GRYSecr At.Teen,Ins, ..x-,as e,5�'ti e f Welyl a"T<xae c1 xN.„ister q«o % %IZIF<&mxe I Land Surveying to Printed Name — u,w6:M..00etlweep,ResouceLeam .os_imswnw.o. aw,mme ot, e �I \ �,j 75070 wHWpomesur:e6,3ze�veufna.com/F�,122013100 i ■ 01/11/2022 Item D. I A I IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Preliminary Plat for Wellstar Addition, establishing one industrial lot on 2.31 acres and replating lots 12R,Block C and 15R,Block B, generally located east of the cul-de-sac of Capital Street. Recommendation I otion to approve Item as presented. Discussion OWNER: Wellstar Properties LLC APPLICANT: Roome Land Surveying The applicant is proposing to create one 2.31-acre industrial lot for the development of two office/warehouse buildings located east of the cul-de-sac of Capital Street. The site is zoned within the Light Industrial district and the proposed use is allowed by right. The site plan for the development was approved by the P&Z Commission in December 2021. Access to the subject property is provided by replating existing access easements from a portion of Lot 12R and Lot 15R of Regency Business Park to allow access from Capital Street. The site also contains 24' wide fire lane, access,and utility easements throughout the site. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 5-0 to recommend approval. Financial Summary/Strategic Goals I'lanning Management 21 01/11/2022 Item D. / \ OWNER'S DEDICATION AND ACKNOWLEDGMENT SURVEYOR'S CERRFlCAIF m; il;i 120.22.i STATE aI00.1 4 MOO: «s:iu mood STATE L tr. ® In 4 CI /i is , / is 1 WHEREAS J.C.Rue i,Cardinal Strom.HOlainga Lt and Wellsar Properties I1C a the state of KNOW ALL MEN BY mESE PRESENT. Aso 2W25a WA 20eos2wwTn2ra CC( of Wylie,being part n the wgmm°mchse Sarver,Abstract Nor al of C 1 Regency Business Pax,Phase Three,as moor.a Volume 2009,Page 3 of Me Collin County M OeCecame,I Ming MO50 Block B. 00445 More Root1poreek of onts wn thereona this amending plat from p onerly actual so said La more and 15,an de 2.28 acre as recorded under y erk No.2021103IW2056460 of 0e Collor Count Land Records,with p cea n,,„.landogomand hw'n ommoaneeot the comer •n do hereby fx°the omamblo tloc xand°rainonm of the city of 66 cif rink 07.70 4skaw[ B[Cdxx xcl �'wbs9PYE---ffln+s 1 nWi o atheBEGlINNING at a capped a <ii 2Wi; w I=rOF wyi.. LOOS m. u.w MNG w¢ AYE HUM 0a1 r�iewxz ROM IV895746e f59Pf C(a I / County toe Records some marking.the line smiled 2.228 or`ree ttrract,berg recorded drenamer off aCmoee„28.31�stract as 16 at, 016 —— — Its\IRI re Page zem ono the B dun County Land Rre tract,the ecor s,tfe northeast comer of mid Lot and so'w prem.; NOTFOR RECORDOVC HENCE MTh line of line line w.A�� ra rasp 11 —— —- —— tract as recorded in B the 2453,Page 536 of The Collin Count Lone Records,No.Bff58'05•East,partway.730 acre tract,and 8835 feel l°a 1/2I'iron°roe fauna maadng the R.PELi xo 4051 0. �xm �l { northeast comer of Records; acre tract and The northwest tamer of New Heights Bap.Church nmihm as recorded in Volume 2008,page 63 of. P �, THENCE with the east line of mid 2.28 acre tract antl the west line of said New Heights Baptist church Addition,South.8'40•East,531.11 feetACKNON1 FDCFMMI 111 $' ` a 1/2•iron roe mgr.m.mnlleast comer n said z.ze acre Mont the muwm earner°f said New„eights Bapet Der mon,and being \ A— , xy the no.line of found called 1.56 acre tract m recorded under County Clerk Na.2018051500058.0 of the Coign County Wm RecaMe:Ada STATE F TEXAS 4 :\ `___6 smnw 6Mg. THENCE Nln tM saNM1 Me of sold 32LacreB Man,oed tse nartM1 Ind N wino t 56 acre Maa,Souk Bff11'JI•West,1&.J3 IM to a Rome caPPea 4 y \ N°'°m of Lot 12a Beck C of Regency Mi e»Pork,Phase Iaee as recorded h in Volumez009,°Page 3 of Its C.County Mop Reemate: g e dos iw 1, Lts ere of Lot 12.and the west line of 156 acre tract SERA 0044'40'East,15091 feel(Basis of Bearing)toa Roane copped °1 the Ioregaingr appeared who Mowledged° t15 :VA:W J].A [w W15x0 M 4.51 fa.&il. �- 1 It L. d'\ (Traciron t°)lad° County Clerk Not comer°20County id Lana56`R.ores;an g north Imo of a flee 5.26 acre me was executed for purposes s one consideration orn p ,a. Lo 15R,Block B " 1°° / THENCEre recorded the 002 100 of f 10 III eE0^en rte southwest mid 5.228 00,0 Moot south 89'IR5'46•Weastn150.000*too Roane capped iron Bo lmeEto ME,the 3 300 undersigned authority, i a1 960�io r� a.y \\ mere mo irg m sou xe comer 1 cm t e s u comer c c o so' a encv usmess o Pass Tee. OMEN UNDER Mr HAND AND SEAL a OFFICE,Ms The_—day or expressed. 2oz_ $10 g Regency usir ss Park .' I �t,06,0,feet t1 a Aaame.,.imn'rod^se in tM1;each G,gw_°p f Phase Three S• /// right-of-wayElneThof Capita°Dnm(CM'gnl of-way)and tm1arkieg a comm4on°corner between Loa 11 and 12; C' 4 ^ / THENCE win rad set th 06 fight-of-way one of Capitol to the street some being a north line of Lot 12,No.8915'20•East,1604 feet to a Rome capped Notary Pogif in mg,far O.,q3 Th,, 36,04 Sq.n./0.827 Acres I - "\ / I �vww` P9 0.Nleg. I $3 100 II 0E In a n°Mh eatery direction ol of a ron9ethe coming right-of-way of a al-tle-»c,same being Be nannerry line of Lot 12,oM the muthal'line of 0'e State a ems I LOT 13 ,�i M1� LOT 14 reNpdN I Lot I,a curve the left 'n a wmml an k w 0 '00'wi a mains of Gam feet,fa on arc distance of 314.16 rd=na.A 0B 4'40" µ<T„W. of I / -I wen 60.00 set)to a Rmme capped iron rod.a marklrg the end of wia cul-de-sac,bang on tie south line of Lot 15,aand the°north right-of-way line Pnted Name / 0,1..1 seeat / THENCE continuing with the south line of Lot 15,and the no.right-of-way line of Copilot Street,South 8915.20•west,16.04 feel to on.Adorns capped iron rod found mating the wumnal caner of Lot 15,and the southeast caner of Lot 14,Bleak B of said.itin; �yi / Surveying'capped x he common ice between Lns 14 one 15,North W4440 Wen.255.ee teal m o Reams capped iron Tad set In tle mWh line of the .scn, �6 a err��i Lot 1,BloekA - memmned zn acre imn,marking the nannean comer of Lot 14,the naawest lamer of Lot 15,aria sail premises; Reaammmeee far nyPmmr I rx' 1/ x We//Ste 0.1313 .O, 4 tiq 189,997ENCE Han'he matt line Of 2)e acre coal,and the north line of Lot 15,x89'51'46•E.150.01 fen to the peace Of cegmnmg am containiry I00,606 Sq.Ft/z.3ll Acres Fo� 9 feet or:362 Arse on. l: 0070 25Adr, ;4 re OWNERSCERTIFlCAPON / Trot SWrx m Tract ere WI cHy oawyka resaand iw 9 Commission Dote i l �\,� I Trutt/2tt/810211roltUN.Y a CUR WE OF ID. 4 l I $ COUNTY OF COWN 4m ; � Amnw�° 'Approved for cnswctnn' eL m t » _4;/ w\ — m NOW 2702,E KNOW veinal_211.00k 3,66'c and well2far Properties 100 the owners,do hereby edngt this plat designated therein above described � p L _ —1— Preliminary Plat of Lot 1,Bleak q well0tar Addition antl a Rep.of Regency Business Park,Phase Three,Lots 15R,Block B antl Lot 12R, Capital Street „1z� 4 �� — ', City of me,rats,on d hereby dedicate m fee for M a suet dies on purpose.The an Napr,car of wyte,ia» Date _7,1 .may=, 21• , u° I_— J ehisxcept bet shrubs or a former,the streets,righM-ol-way,pproved constructed i LJ m %� / \ usenngoth some unless the m»mem list.The use to ponc�umr unities,and use a.for public ul,nies oee a ng suroNinote tote public's o a City°of Wygee usew for The public use Mrever,for the City Council of. ay meenron ll ic — — 1I9P fop fi n � lI �,1, H ;Wylie n,tra lie at aseasementshave the�M1� �e�mrcea, b��°f.Nar, ed 9nd public xM1kM1 Imes enh ess.aslemangwo interfere wed the ckeep retmoved a llltor partsoo e y bui ol'ttencmPeees,shrubs h of aid far,CITY of,,,,„Ieaw Date _ �\ °s1� II City afngtie uhtt emaies sna o we m e T -' / 1 I I W m \\\ 1 me pna°f ca ry N.r..."ldtng•h»p...Patrolling,llm naatng,readng m°9<t<n,°n1 adding to gorsremovingfrumorrM1 pods ocI nor rasspmtiro°f .of The ear m Wyk,Tea..hereby cert.mat Th.foregoing I \ \\ _ i�� I yg8�p \ systems NlM1out The necessity al any time procuring permission from anyone. Thetmi We Plat 5 of Lot BlocEmmk A,2Rther Ad.n anted a R¢olA of Regency BaMnees Pork,Phme �I 1' o o O �� m all watt ordinance,rule,regulations and resolution,of The nit of Wylie,Texas. a W,pe was submitted to the U Counfn on ,202•and Cwett by formal action. P, $ "� �� WITNESS,m hand,This the r 20z ream a ° 'public"n and a P d rralwr w I "�' ne y tonote theP ce thereof by signing name as herein ore subscribed. Id 1aR Blear c-- lines as shown acceptance ran a plot on 9 I P+A ,i' \ (K�inmeerwn,,,.,Holdings, C.,Owner 100,C.Racket,Omer Lot ISR,Block B --- Witness my Aand this a%of e so LOT 10 LOT 11 I, Mayor Lot 12R,Block C d aF �_-✓ Regency Business Park m l 4 §4 o� cis imr,mu«�LIC,Cramer Lot I,Block A nay s<crelay 11 _ , tit sr Wyk,ram I G m+" Phase Three `I I 5 IG / AoaomEDCENExr tfa4 snaysq.E./.224Aa<k 5 / ,,��5SCOUNTY OF COLLIN 4y1'°°''Pt, ISLATE OF ID. 0 m� 4 _1'"C S �. ume°t who ankh n, ram me dime e.ecmee ear t sum a era 9nsm.ruwn trere�n era a aamerm<e Ia me a naenigned aulnariy,ah ma day penaralry appeared Him Anaernon,known to me m be me peaon xM1a.e name a t taps.„.N. t- a-...--__ . I _�i----- GVIN UNDER Mr HAND AND SEAL 00 Cm0E This the_ ay 2B2_ _ vs a golrg aM m _ .z_ _�_...--...:em_.—s— _---Ta—LPpgr. `Wi �---_ R xrye wmm Tn<m a --FThe purpose of this Repot is to amid J m3,,ol,lots,and- a 589 1r51 W 180.33 15 a[°.p— Printed Nome eaemena OW 4 4 Preliminary Plat I cowl'OF COL Not. bounds°s 2 vioiation°fof cRy era ordnance see m 8 80100E IJEna0n tin X 1,4 alu,"g:e°°Tama°b ol°ite acme w355 a Jahn ,I e sae:a e 01,tl °"m xhme era re m''''''2 m me Lot 1,Block A state kw and is subj.to fines and withholdings g ng mw4 w worm fo RN pup mon CZ ewre»noel°° of utilities and building permits. M 'tom 'a GU' N CM UNDER Mr MO mo SUL OF OFFICE,This the air a a o Nnox 0 me m WellStarAddition L56 aeea T,»x 2,1 1 POW.°f dot 2mmomnosrewa.1, 100,646 Square Feet/2.311 Acres \ "Na "�ad'axW F._ 1 Lot-Commercial VICINITY MAP a __.1E 7,11n m .7 aa"°far &Re fat N.T.S. Waaw,sr Minted Namel3 �� Lot 12R,Block C&Lot 15,Block B e° SLATE of ID.COLUN a Regency Business Park,Phase Three COUNTYPROS CT 60 Block B LOCATION __ ' ... -- 6EEpS ME,Th<unassigned moray,on the ear T awmly epearea ut'ae a Mae.known a me#a B ison wt»e name is'''"'"to me being al/of Lots 12,Block k, Lot 15,T ree 6a m'w 589°152s°W 150.00' ® umwt Rho ocknwkag.a m me ram m.Sam.Xa.senor.ear t sum s n wnn m n m a. Regency Business Park,Pease Three FM 544 1=4D' GIVEN UNDER Mr HAND AND SEAL OF Off.,this the_,day of ,202_ 89,349 Square Feet/2.051 Acres n. xx sox W,wot aMw 2 Lots-Commercial '°''"w 000 der" x t Pu r m William Sacbse Survey,Abstract835 0: —re w / i 8 Ne 4 X[(N rvroh*ka,ec / Legend m:"saaboi iemae far City of Wylie,Cobb County,Texas tih wa�� !528 acre;,Tract 0 CC Colin rainy Mop Pemw November22,2021 ai mlmrsfymaear%dux C tom Coat 1st weal° Printed Name _ RLYSEO' 1-15-2021 / w ew4"..Maiermemra.N /C/292104/4084dUJry Eaa�a7w NOTES:Notes:Ij Bearings Bosse on Regency Business Phase a as .... 4m., ,„_,rcaar pram 5°vi stp Room e o""pmRO Rome re d ThA.3slo I5119 memorial isu 1 °helwmimr m:m Lot IM recorded in trauma property lies within a Special flood mop zard Records; as inundates 4 demo w Ida /I\ bvrtloo-rear flood per Mop No.48085fwa15 J or me PIMA Flom Me,Moe,swe o 94 ai'ro a Man ..es 15ooz Mato , Land Surveying 19 Insumn»Rate Naps 3),3)This county,ideas and Inoorporoted Mee dates (p1 xH,m-Two 27,130-wp1 T (�7 V Ott ley m.2,2tw9(l,,2);3)This platting wasperformed se m nit m I:o-;a A:m®pnwnuaee.acm Aanam,�neaam on.we,aiaaowln,pran.'t.=aa L onto. hone(9e2�n°p.wm Fox 23.762o0 / Commitment an Y 1 a all ea meats of record. ■ 01/11/2022 Item EIA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, the acceptance of the resignation of Charla Riner and appointment of James Byrne as a new commission member to the City of Wylie Planning and Zoning Commission to fill the term of January 2022 to June 30,2022. Recommendation I otion to approve Item as presented. Discussion When the 2021 Board and Commission interviews were held,Council approved two(2)replacements for the Wylie Planning and Zoning Commission should a member resign during the year. Pursuant to the boards' interview, James Byrne was designated as Replacement 2. Staff has contacted Mr. Byrne and he is willing to serve if appointed by Council. Mr. Byrne currently serves on the Construction Code Board as well. Per Ordinance No. 2021-32, Council is entitled to appoint an individual to serve on more than one board or commission if the Council determines that there is good cause to do so. As the first Replacement is unable to fill the vacancy at this time and the Construction Code Board rarely meets, it is staff's recommendation to appoint Mr. Byrne to fill the position. Financial Summary/Strategic Goals I /A 23 01/11/2022 Item E. "CHAPTER 2—ADMINISTRATION ARTICLE IV—BOARDS AND COMMISSIONS Sec. 2-61.-Appointments to more than one Board or Commission. (a) In order to obtain increased citizen participation on boards and commissions, the City Council establishes, as policy, that citizens an individual shall be appointed to and serve on only one board or commission:provided, howcvcr, that the City Council is entitled to appoint an individual to serve on more than one board or commission, but not more than two boards or commissions as provided in the City Charter, if the City Council determines that there is good cause to do so. ' Deletions arc evidenced by>Erikwhfough;additions arc underlined. Ordinance No.2021-32 Amending Codc Chapter 2,Article IV(Boards and Commissions) Page l �)vs142 24 01/11/2022 Item FIA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Consider, and act upon, Ordinance No. 2022-01 of the City of Wylie, Texas, repealing Ordinance No. 2014-19, creating a Code of Conduct;providing for a penalty for the violation of this ordinance;providing for repealing,savings,and severability clauses;providing for an effective date of this ordinance; and providing for the publication of the caption hereof Recommendation I otion to approve Item as presented. Discussion t its December 14,2021 meeting,Council held a work session to discuss two Code of Conduct Ordinances presented by the ity Council Subcommittee. The two versions presented were identical with the exception of one having a board of review. he subject amendment includes a board of review consisting of five (5) members and two (2) alternates. Terms of ppointment shall be no more than one(1)term of two(2) consecutive years. Financial Summary/Strategic Goals I nfrastructure 25 01/11/2022 Item F. ORDINANCE NO. 2022-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2014-19, CREATING A CODE OF CONDUCT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS,AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the City of Wylie("City"or"Wylie")desires for all of its citizens to have confidence in integrity,independence, and impartiality of those who act on their behalf in government; WHEREAS,the City of Wylie previously adopted Ordinance No.2014-19,establishing a Code of Ethics; and WHEREAS,the City of Wylie desires to create a Code of Conduct and repeal Ordinance No.2014- 19, as of the Effective Date of this Ordinance. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS that: Section 1. Creation of Code of Conduct The City of Wylie creates this Code of Conduct(the"Code")and repeals Ordinance No. 2014-19, as of the Effective Date of this Ordinance. Section 2. Policy The proper operation of democratic local government requires that City Officials be independent,impartial and responsible to the people; that local government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its City Officials. It is the policy of the City of Wylie that its City Officials meet the standards of conduct established in this Ordinance. Conduct not regulated herein is not subject to this Code. Section 3. Definitions Administrative Board means any board,commission, or other organized body: (1)that has,by law,final decision-making authority on matters within its jurisdiction and that is either: (a) established under the City Charter,by City ordinance, or by appointment by the City Council or the Mayor;or(b)whose members are all council members or are appointed or confirmed by the City Council; or,(2)created as a non-profit economic development corporation by the City Council under the authority of the Development Corporation Act of 1979, as amended. Advisory Board means a board,commission,or other organized body other than an Administrative Board, that was created by an act of the City Council whose members are appointed or confirmed by the City Council or by an act of the Mayor and are charged with making recommendations to the City Council on matters within its jurisdiction. Board of Review means the body charged with reviewing and acting on Complaints under this Ordinance. Ordinance No.2022-01 —Code of Conduct Page 1 of 11 26 01/11/2022 Item F. City Official or Official means the Mayor; a member of the City Council, members of Administrative Boards,and Advisory Boards, appointed by the Mayor or City Council. Code of Conduct means this Code of Conduct("Code"). Only a City Official may be held responsible for violations of the Code. Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an "Economic Interest" in the property of the organization. Official Action means: (1) Any affirmative act(including the making of a recommendation)within the scope of,or in violation of,an Official's duties; or (2) Any failure to act,if the Official is under a duty to act. Section 4. Covered officials The rules of conduct contained below apply generally to City Officials unless otherwise specified. Section 5. City Officials required to comply with both state and local law When a City Official's conduct is regulated by a provision of this Ordinance and a similar provision of state law, and it is possible to comply with the requirements of both, a City Official shall comply with both. Section 6. Education The City shall provide training and educational materials to City Officials on their obligations under state law and this Ordinance. Such training shall include at least one formal classroom session in each calendar year. All City Officials shall annually attend the formal training session offered by the City or equivalent training sessions conducted by the City Attorney, the Texas Municipal League, or similar organizations. The City also shall prepare and distribute written materials on the subject to each City Official at the time of his or her election or appointment to office. Section 7. Standards of Conduct for City Officials (A) Appearance on behalf of private interests of others (1) A member of the City Council shall not appear before the City Council,an Administrative Board or an Advisory Board for the purpose of representing the interests of another person or entity.However,a member of the City Council may,to the extent as otherwise permitted by law, appear before any such body to represent the member's own interests or the interests of the member's spouse or minor children. (2) A City Official who is not a member of the City Council shall not appear before the body on which he or she serves for the purpose of representing the interests of another person or entity, and shall not appear before any other body for the purpose of representing the interests of another person or entity in connection with an appeal from a decision of the Ordinance No.2022-01 —Code of Conduct Page 2 of 11 27 01/11/2022 Item F. body on which the City Official serves. However, the City Official may, to the extent as otherwise permitted by law, appear before any such body to represent the City Official's own interests or the interests of the City Official's spouse or minor children. (B) Misuse and disclosure of confidential information (1) It is a violation of this Code for a City Official to violate Texas Penal Code§ 39.06(Misuse of Official Information). (2) A City Official shall not disclose to the public any information that is deemed confidential and/or privileged under any federal,state,local law,or Council rules,unless authorized by law. (C) Restrictions on political activity and political contributions (1) No City Official shall use state or local funds or other resources of the City to electioneer for or against any candidate,measure, or political party. (2) A City Official shall not directly or indirectly induce, or attempt to induce, any City employee: a. To participate in an election campaign (beyond merely encouraging another to vote),to participate in a political fundraising activity,or to contribute to a political candidate or political committee; b. To engage in any other activity relating to a particular candidate, party or issue that is not directly related to a legitimate function of City government; or c. To refrain from engaging in any lawful political activity after working hours. (D) Use of cell phones or electronic devices by appointed or elected officials during meetings of Administrative Boards and Advisory Boards, of which they are a member City Officials shall refrain from communicating on cell phones or electronic devices during a City meeting at which the City Official is attending as a member of that Administrative Board or Advisory Board,except as provided below. However,City Officials may access agendas and information relevant to a past, current, and/or future agenda. Cell phones shall be turned off or put on vibrate during meetings. Should it be necessary to use a cell phone, City Officials shall step down from the dais. Text messaging, emails, and other electronic or written communications shall not be sent during a meeting unless it is an emergency. (E) Conflicts of Interest A City Official must not use,or attempt to use,his or her official position or office, or take or fail to take any action,or influence, or attempt to influence, others to take or fail to take any action, in a manner which he or she knows, or has reason to believe, may result in a personal, financial benefit, or Economic Interest not shared with a substantial segment of the City's population, for any of the following persons or entities: (1) The Official; (2) The Official's relative,or the employer or business of the relative; (3) A person with which the Official has a financial or business relationship,including but not limited to: a. A business of the Official,or the Official's spouse or domestic partner,or someone who works for such outside employer or business; or b. A client or substantial customer. Ordinance No.2022-01 —Code of Conduct Page 3 of 11 28 01/11/2022 Item F. (4) A nongovernmental civic group, social, charitable, or religious organization of which the Official, or the Official's spouse or domestic partner, is an officer or director; or (5) A public or private business entity for which the Official, or his or her relative serves as a director,general partner,or officer,or in any other policy-making position except when so appointed to the position by the City. (F) Compliance with Texas Local Government Code Chapters 171 and 176 It is a violation of this Code for a City Official to violate Texas Local Government Code, §§ 171 and 176 and Texas Penal Code § 36.08 (G) Prohibitions-Granting Special Privileges and Use of City Supplies and Equipment It is a violation of this Code for a City Official: (1) To use his official position to secure special privileges or exemptions for himself or others; (2) To grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group. This shall not prevent the granting of fringe benefits to City employees as a part of their contract of employment or as an added incentive to the securing or retaining of employees; or (3) To use City supplies, equipment or facilities for any purpose other than the conduct of official City business,unless otherwise provided for by law, ordinance or City policy. Section 8. Board of Review (A) Creation and appointment There is hereby created a Board of Review("BOR")to consist of five(5)members and two(2)alternates. (1) The BOR shall review Complaints regarding alleged violation(s) of the Code ("Complaints"),review applicable waivers regarding the alleged violation(s),and determine if a Complaint should be dismissed under the criteria,as outlined herein. (2) Prospective BOR members shall be interviewed and appointed by a majority of the City Council present at a duly called meeting. (B) Qualifications (1) All members must live within the City of Wylie city limits and be at least 18 years of age; (2) BOR members may not be: a. The spouse or the domestic partner of the individual filing the Complaint ("Complainant")or the individual who is the subject of the Complaint("Respondent") is the spouse or domestic partner. b. Serving on any other Council appointed Board or Commission during their term on the BOR; c. A City Council member or City of Wylie employee, or the spouse or domestic partner of a City Council member or City of Wylie employee; d. An elected public official; or e. A candidate for elected public office at the time of their term on the BOR. Ordinance No.2022-01 —Code of Conduct Page 4 of 11 29 01/11/2022 Item F. (C) Terms of appointment/Limitations (1) BOR members may serve only one(1)term of two(2)consecutive years. (2) BOR members shall serve until any Complaints pending during their appointed term have been fully adjudicated by the BOR. (3) If a person selected to serve on the BOR pursuant to this subsection cannot fulfill his or her duties as a member of the BOR due to illness,travel, disqualification under the terms outlined above,or another bona fide reason,or otherwise refuses to serve on the BOR,that person shall be requested to confirm that fact with the City Secretary in writing within 15 calendar days of receipt of the service notification. In this event, the City Secretary shall repeat the process outlined herein until a substitute has been selected. (D) Training/Removal (1) BOR members must attend training regarding the role and responsibilities of service on the BOR prior to handling a Complaint. The unexcused absence of any member of the BOR from three (3) consecutive meetings, unless the BOR has excused the absence for good and sufficient reasons, as determined by the BOR, shall constitute a resignation from the BOR. (2) A BOR member serves at the pleasure of the City Council and may be removed before the expiration of the member's term by the City Council in its sole discretion.Before removing a member, the BOR shall specify the cause for a recommendation of removal and shall give the BOR member the opportunity to present the member's defense to removal. The recommendation for the City Council to remove a BOR member shall be brought to the City Council for an official vote. (E) Consultation with City Attorney The City Attorney is authorized to issue to any City Official, upon reasonable request, formal written opinions regarding the applicability of the provisions of the conduct laws to an action the City Official is considering taking in the future. The BOR and/or the City Council may consult with the City Attorney or a designee of the City Attorney regarding legal issues which may arise in connection with this section and may request advisory assistance from the City Attorney in conducting hearings during any stage of the process. The City Attorney serves as legal counsel for the City Council and not any individual City Council member. (F) Reviewing Attorney (1) The City Council shall approve a list of three (3) independent private attorneys recommended by the City Attorney who may individually serve as a"Reviewing Attorney" for Complaints filed under this section.The Reviewing Attorney shall be chosen by the City Manager by lot. (2) To be qualified,the Reviewing Attorney must be an attorney in good standing with the State Bar of Texas, have been licensed to practice in the State of Texas for at least ten (10) consecutive years,and have at least five(5)years of experience working with municipalities in Texas. The Reviewing Attorney may not be: a. A City Council member or City of Wylie employee, or the spouse or domestic partner of a City Council member,Board member or City of Wylie employee; b. An elected public official; or c. A candidate for elected public office at the time of their service. Ordinance No.2022-01 —Code of Conduct Page 5 of 11 30 01/11/2022 Item F. (G) Complaint Process (1) Filing Complaints.Any citizen of Wylie who believes that there has been a violation of the Code may file a sworn Complaint with the City Secretary. The Complaint shall: a. Identify the person or persons who allegedly committed the violation; b. Provide a statement of the facts on which the Complaint is based; c. To the extent possible, identify the rule or rules allegedly violated; and d. Be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. e. The Complainant may also recommend other sources of evidence that the Reviewing Attorney should consider and may request a hearing. f. Complaints arising out of an event or a series of related events shall be addressed in one complaint. Complainants shall not file separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous Complaint. When two or more Complaints are sufficiently similar in nature and remedy sought to permit their resolution through one proceeding, the City may consolidate the complaints. (2) Confidentiality.No City Official shall reveal information relating to the filing or processing of a Complaint, except as required for the performance of Official duties. Documents relating to a Complaint will be maintained by the City Secretary in accordance with applicable records retention laws and are confidential,to the extent permitted by law. (3) Notice/Timelines/Representation a. Days,as used herein,is defined as City business days. b. All timelines provided herein must be followed, subject only to extensions approved in writing by the City Manager based on the individual circumstances surrounding the review of the Complaint. c. A Complaint must be filed with the City Secretary within six(6)months of the date the Complainant knew, or with reasonable diligence should have known, of the events or series of events giving rise to the Complaint.The City Secretary shall not accept or process any Complaint that is filed more than six(6)months after the date of the violation alleged in the Complaint. Complaints not filed within this timeframe are barred and will be dismissed as untimely. d. Within three(3)business days of receiving a Complaint,the City Secretary shall provide a copy of the full Complaint to the City Official who is the subject of the Complaint ("Respondent"), the City Attorney, the City Manager, and the Reviewing Attorney. e. If the City Manager is not available or is implicated, the City Secretary will provide copies,as outlined herein. f. The Reviewing Attorney,BOR,and/or City Council shall allow any person who is the subject of a Complaint to designate a representative if he or she wishes to be represented by someone else and to present evidence,according to rules adopted by the City Council. (4) Frivolous Complaint a. For purposes of this section, a"frivolous complaint"is a sworn Complaint that is groundless and brought in bad faith or groundless and brought for the purpose of harassment. b. By a vote of at least two-thirds of those present, the City Council may order a Complainant to show cause why the Complaint filed by the Complainant is not frivolous. c. In deciding if a Complaint is frivolous,the City Council will be guided by Rule 13 of the Texas Rules Civil Procedure, and may also consider: Ordinance No.2022-01 —Code of Conduct Page 6 of 11 31 01/11/2022 Item F. i. The timing of the sworn Complaint with respect to when the facts supporting the alleged violation became known or should have become known to the Complainant,and with respect to the date of any pending election in which the Respondent is a candidate or is involved with a candidacy, if any; ii. The nature and type of any publicity surrounding the filing of the sworn Complaint, and the degree of participation by the Complainant in publicizing the fact that a sworn Complaint was filed; iii. The existence and nature of any relationship between the Respondent and the Complainant before the Complaint was filed; iv. If Respondent is a candidate for election to office, the existence and nature of any relationship between the Complainant and any candidate or group opposing the Respondent; v. Any evidence that the Complainant knew or reasonably should have known that the allegations in the Complaint were groundless; and vi. Any evidence of the Complainant's motives in filing the Complaint. d. Notice of an order to show cause shall be given to the Complainant,with a copy to the Respondent, and shall include: i. An explanation of why the Complaint against a Respondent appears to be frivolous; and ii. The date,time, and place of the hearing to be held under this section. e. Before making a determination that a sworn Complaint against a Respondent is frivolous, the City Council shall hold a hearing at which the Complainant may be heard and accompanied by his or her retained counsel. f. By a record vote of at least a simple majority of those present after the hearing under this section, the City Council may determine that a Complainant filed a frivolous Complaint and may recommend sanctions against that Complainant. g. Before imposing a sanction for filing a frivolous Complaint, the City Council shall consider the following factors: i. The seriousness of the violation, including the nature, circumstances, consequences, extent,and gravity of the violation; ii. The sanction necessary to deter future violations; and iii. Any other matters that justice may require. h. The City Council may impose the following sanctions: i. A civil penalty of not more than$500; ii. Imposition of attorneys' fees incurred by Respondent; iii. Any other sanction permitted by law; and/or iv. The City Council may notify the appropriate regulatory or supervisory agency for their appropriate action. This may include a referral for criminal prosecution if the facts so warrant. (5) Review of Complaint a. Within seven (7) business days of receiving the Complaint from the City Secretary, the Reviewing Attorney shall issue a written advisory opinion, dismissing or referring the Complaint to the BOR: i. Dismiss the Complaint if: 1. The deadline for filing a Complaint has passed; 2. The accused is not subject to the Code; 3. The conduct alleged is not regulated under the Code; 4. The Complaint is not completed as defined herein or signed and sworn to by the person filing the Complaint in the form of an affidavit; or Ordinance No.2022-01 —Code of Conduct Page 7 of 11 32 01/11/2022 Item F. 5. The person who is the subject of the Complaint had obtained a waiver permitting the conduct. ii. Dismissal of a Complaint under this provision is final and non-appealable. iii. If the Reviewing Attorney dismisses the Complaint, the Reviewing Attorney shall forward a copy of the dismissal to the Complainant, Respondent, City Council, and the Board on which the Respondent is a member, if applicable. b. If the Reviewing Attorney does not dismiss the Complaint,as provided herein,the Reviewing Attorney shall refer the Complaint and the advisory opinion to the BOR for review under this provision. The Reviewing Attorney's referral of the Complaint and advisory opinion to the BOR does not mean that any of the allegations of the Complaint are true or false or that any current City Official has or has not violated the Code. c. If the Complaint is referred to the BOR for review, the Reviewing Attorney shall also copy his or her advisory opinion to the Complainant, the City Manager, and the City Attorney within seven(7)business days of receipt of the Complaint. For Complaints not dismissed by the Reviewing Attorney, and subsequently referred to the BOR, the notice to the Respondent will include notice of the Respondent's option to file a written response to the advisory opinion with the City Secretary within seven (7) business days of receipt of the opinion from the Reviewing Attorney. The City Secretary will forward the Respondent's written response to the BOR with the Complaint and the Reviewing Attorney's advisory opinion. (6) Board of Review Process. a. The BOR shall meet within forty-five(45)days of receiving a referral of a Complaint from the Reviewing Attorney, unless extended by the City Council. The BOR will review the Complaint, the Reviewing Attorney's advisory opinion, the Respondent's response (if any), and applicable City policies, ordinances, and/or other related information(the`BOR Record"). b. The BOR may dismiss a Complaint as provided below or, if not dismissed, refer the Complaint to the City Council for consideration as outlined herein. (7) The BOR Review and City Council Review/Hearing a. The BOR may dismiss a Complaint if: i. The alleged violation is a minor or de minimis violation; ii. The Complaint is, on its face, frivolous, groundless, or brought for purposes of harassment; iii. The matter has become moot because the Respondent is no longer an elected official or Administrative Board or Advisory Board member; or iv. The Respondent came into voluntary compliance. c. The determination regarding whether a complaint is frivolous and subject to sanctions will be addressed by the City Council as outlined in Section 8(G)(3) herein. d. The BOR will conduct its review of a Complaint not dismissed pursuant to paragraph 3.a.i. of this section at meetings which are open to the public. e. The rules shall require the dismissal and the reason for dismissal to be submitted by the BOR in writing and available to the public within forty-five (45) days of considering the Complaint under paragraph 4.b.above,unless extended by the City Council.A dismissal under this provision by the BOR is final and non-appealable. f. If the BOR does not dismiss the Complaint,the BOR will refer the Complaint,BOR Record to the City Council within forty-five(45)business days of considering the Complaint,unless extended by the City Council. Ordinance No.2022-01 —Code of Conduct Page 8 of 11 33 01/11/2022 Item F. (7) City Council Review/Hearing a. Not later than 15 business days after the BOR forwards a Complaint to the City Council for consideration, or 15 business days after the BOR's deadline to issue a decision, the City Secretary shall notify in writing the City Council, the Complainant and the Respondent of the date,time and location of a hearing on the Complaint.Such written notice shall be sent to the Complainant and the Respondent by email, mail, and/or certified mail, return receipt requested. If the hearing is not held within 45 business days after receipt of the Complaint,the City Secretary shall notify both the Complainant and the Respondent of the reasons for the delay. b. All hearings shall be conducted in accordance with the Texas Open Meetings Act, Tex. Government Code Chapter 551. The City Council shall have the right to hold the hearing in open or closed session as permitted by applicable laws and regulations. Additionally, the City Council shall establish time limits and other rules of procedure for a hearing and relating to the participation of any person in the hearing. Subject to the rules of procedure established by the City Council for the hearing: i. Both the Complainant and the Respondent shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his/her behalf. ii. All proceedings of the hearing shall be recorded by audio recording if a court reporter is not used,or reduced to writing by a court reporter if present for the hearing. If a court reporter is not used, the audio recording shall be filed with the City Secretary within such time as specified by the City Council. If a court reporter is used, the court reporter's transcript of the hearing shall be filed with the City Secretary within such time as is specified by the City Council. iii. The procedures established by the City Council shall allow the Complainant and the Respondent sufficient time to examine and respond to any evidence not presented to them in advance of the hearing. iv. The rules shall require the City Council to schedule the hearing at a time that is reasonably convenient to both the person who submitted the Complaint and the subject of the Complaint. g. The City Council shall consider the BOR Record,the Complaint,the Respondent's response (if any), and the advisory opinion of the Reviewing Attorney, and evidence submitted in the course of the hearing. The final action, decision, or vote of the council with regard to the Complaint shall be taken or made only in a meeting that is open to the public. The City Council shall base its finding of whether a violation occurred on a preponderance of the evidence. Only members of the City Council present for the hearing may participate in its decision. h. The City Council shall consider, when it makes findings and recommendations, the severity of offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern. The City Council shall dismiss a Complaint if the Complainant does not appear at the hearing and if, in the opinion of the City Council, it would be unfair to the Respondent to proceed without the Respondent having the opportunity to question and address the issues raised in the Complaint. j. A City Council member may not participate in the Complaint review process and/or hearing if the member is the subject of the Complaint or is the Complainant, or if the Respondent or Complainant is related to the City Council member within a prohibited level of affinity or consanguinity. Ordinance No.2022-01 —Code of Conduct Page 9 of 11 34 01/11/2022 Item F. k. The decision of the City Council is final and non-appealable. (H) Findings/ Consequences (1) City Officials deemed to be in violation of the Code are subject to consequences,including but not limited to the following: a. Censure - If the violation did not involve a matter of public concern and the City Council finds that a violation of this Code occurred, the City Council may issue a censure of the City Official,to the extent permitted by law. b. Letter of Notification —The City Council may issue a letter of notification if the City Council finds that a violation of this Code was clearly unintentional. A letter of notification must advise the City Official of any steps to be taken to avoid future violations. c. Letter of Admonition — The City Council may issue a letter of admonition if the City Council finds that a violation of this Code was minor, but where the circumstances call for a more substantial response than a letter of notification. d. Reprimand—To the extent permitted by law, City Council may issue a reprimand if the City Council finds that a violation of this Code was not minor and was committed intentionally or through reckless disregard. e. Removal from Leadership Position—In addition to,or in place of,the consequences outlined above, the City Council may remove a City Official from any leadership position held by that City Official as a member of the body in which the City Official serves. f. Removal from Administrative Boards and Advisory Boards—In addition to, or in place of, the consequences outlined above, the City Council may remove an appointed City Official from Administrative Boards and Advisory Boards. Section 9. Other Obligations This Code is cumulative of, and supplemental to, applicable state and federal laws and regulations. Compliance with the provisions of this Code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding conduct, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code, action may be prohibited by duly promulgated personnel rules,which may be more stringent. Section 10. Effective Date This Code shall take effect on January, 11,2022, following its adoption and publication as required by law (the"Effective Date"). Section 11. Distribution and Training (A) Every person shall be provided reasonable opportunity to review this Code as a condition of their candidacy and/or application to be a City Official.At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code. (B) Individuals seated as City Officials on the Effective Date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the Effective Date.All City Officials elected,appointed or retained following the Effective Date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before Ordinance No.2022-01 —Code of Conduct Page 10 of 11 35 01/11/2022 Item F. performing any of the duties or functions of the City Official's position. (C) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code, the City Charter,and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these conduct laws. Section 12. Severability If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,on this 11th day of January, 2022. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm Date of publication in The Wylie News—January 19,2022 Ordinance No.2022-01 —Code of Conduct Page 11 of 11 ■ 01/11/2022 Item GIA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2021. Recommendation I otion to accept the Item as presented. Discussion he Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 37 01/11/2022 Item G. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2021 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 35,752,468 1,706,233 2,193,253 6.13% A FRANCHISE FEES 2,896,800 44,919 44,919 1.55% B LICENSES AND PERMITS 1,079,430 146,916 300,247 27.82% C INTERGOVERNMENTAL REV. 2,128,034 147,006 151,496 7.12% D SERVICE FEES 4,008,588 304,132 317,085 7.91% E COURT FEES 248,950 27,992 58,439 23.47% F INTEREST INCOME 25,000 1,237 2,803 11.21% MISCELLANEOUS INCOME 177,500 38,510 39,015 21.98% OTHER FINANCING SOURCES 2,488,645 0 5,473,858 219.95% G REVENUES 48,805,415 2,416,945 8,581,114 17.58% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY-FORWARD FUNDS 1,432,653 NA NA NA H TOTAL REVENUES 50,238,068 2,416,945 8,581,114 17.08% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 97,257 12,703 14,912 15.33% CITY MANAGER 1,514,527 97,570 450,462 29.74% CITY SECRETARY 386,976 31,825 58,000 14.99% CITY ATTORNEY 170,000 38,084 38,084 22.40% FINANCE 1,282,361 120,210 164,108 12.80% FACILITIES 981,013 68,861 84,037 8.57% MUNICIPAL COURT 553,517 43,115 64,502 11.65% HUMAN RESOURCES 677,753 76,611 108,837 16.06% PURCHASING 295,653 21,548 31,431 10.63% INFORMATION TECHNOLOGY 2,017,615 149,736 583,558 28.92% J POLICE 11,544,468 1,277,308 1,835,717 15.90% FIRE 11,314,796 1,169,490 1,800,175 15.91% EMERGENCY COMMUNICATIONS 1,986,310 396,136 463,583 23.34% K ANIMAL CONTROL 603,944 47,256 72,069 11.93% PLANNING 323,024 36,512 51,611 15.98% BUILDING INSPECTION 591,600 64,521 92,496 15.63% CODE ENFORCEMENT 259,057 26,685 37,367 14.42% STREETS 5,116,182 268,446 517,643 10.12% PARKS 2,871,985 219,611 326,781 11.38% LIBRARY 2,157,626 209,786 312,269 14.47% COMBINED SERVICES 12,156,474 106,040 6,721,782 55.29% L TOTAL EXPENDITURES 56,902,138 4,482,054 13,829,424 24.30% REVENUES OVER/(UNDER)EXPENDITURES -6,664,070 -2,065,109 -5,248,310 -7.22% A.Property Tax Collections for FY21-22 as of November 30,2021 are 7.78%,in comparison to FY20-21 for the same time period of 6.52%. Sales tax is on a 2 month lag and has not been received yet. B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Licenses and Permits: New Dwelling Permits are up 340%from November 2021 due to the new fee structure. D.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. E.Service Fees:Trash fees are on a one month lag and only one month has been received.The remaining fees are from other seasonal fees. F.Court Fees are up 106%from November 2021 which is a continuation of the increasing trend in fines. G.Yearly transfer from Utility Fund and$3 million from sale of 802 Kirby. H.Largest Carry Forward items:Department Software Solution$220,870,Rowlett Creek Dam Improvements$110,000.Stone Road Rehab Project$615,000 I.City Manager severance payment J.Annual maintenance agreements K.Joint Radio System annual fee of$142k. L.$6.2 million transfer to Community Investment Fund. 38 01/11/2022 Item G. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2021 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 25,091,934 2,248,861 2,308,815 9.20% M INTEREST INCOME 8,500 802 1,656 19.48% MISCELLANEOUS INCOME 70,000 1,295 2,590 3.70% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 25,170,434 2,250,958 2,313,061 9.19% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 2,758,010 NA NA NA N TOTAL REVENUES 27,928,444 NA 2,313,061 8.28% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,257,149 85,750 146,837 11.68% UTILITIES-WATER 4,242,567 190,879 253,198 5.97% UTILITIES-SEWER 1,285,043 93,097 157,314 12.24% UTILITY BILLING 1,294,227 75,411 131,180 10.14% COMBINED SERVICES 15,945,637 1,003,424 5,140,196 32.24% 0 TOTAL EXPENDITURES 24,024,623 1,448,561 5,828,725 24.26% REVENUES OVER/(UNDER)EXPENDITURES 3,903,821 802,398 -3,515,664 -15.98% M.Most Utility Fund Revenue is on a one month lag and only one month has been received. N.Largest Carry Forward items: Department Software Solutions$150,300,Pump Station Backup Generators$1.8M and FM 2514 Waterline Relocation Construction$625,000. O.Annual transfer to the General Fund of$2.4 million. Other expenses are payments to NTMWD for water minimum and sewer treatment. ■ 01/11/2022 Item HIA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and place on file,the City of Wylie Monthly Investment Report for November 30,2021. Recommendation I otion to accept the Item as presented. Discussion he Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 40 01/11/2022 Item H. City Of Wylie 2021-2022 Investment Report November 30, 2021 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,402,003.62 MMA 0.0381% Texpool 12/31/2006 NA 2 $15.948.519.14 MMA 0.0102% TexStar 3/15/2011 NA $31,350,522.76 Total Weighted Average Coupon: 0.0239% Money Markets: $31,350,522.76 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,350,522.76 Weighted Average Coupon 0.25% 0.20% 0.15% 0.10% 0.05% • 0.00% Nov 2020 Dec 2020 Jan 2021 Feb 2021 Mar 2021 April 2021 May 2021 June 2021 July 2021 Aug 2021 Sep 2021 Oct 2021 Nov 2021 11(Lbi 12-VI- Z I Finance Director/Investment Officer 41 01/11/2022 Item I. I A I IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2022-02 amending Ordinance No. 2021-43, which established the budget for fiscal ear 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation I otion to approve Item as presented. Discussion A market salary adjustment was approved by council as part of the FY 2021-22 budget. The department detail is attached in Exhibit A,reallocating the budget dollars from Special Services to the various departments in Funds 100, 112 and 611. Budget Merit Based Variance B/(W) General Fund $1,675,347 $1,675,347 $ 0 4B Fund $ 81,146 $ 73,866 $ 7,280 Utility Fund $ 104,543 $ 123,889 $(19,346) Financial Summary/Strategic Goals The General Fund market adjustments were under budget by approximately $142,000. These funds have been allocated to Public Safety overtime to account for the increase in hourly rates that will stretch the original overtime budgets. The 4B market adjustments were also under budget by$7,280.These extra dollars will remain in the Special Services account budget. The Utility Fund market adjustments were over budget by$19,346 because some positions required more than a 5%increase to bring them to market level. The overall effect of this amendment is to increase the Utility Fund by $19,346, which will reduce the fund balance by the same amount. The General Fund and 4B Fund are budget neutral. 42 01/11/2022 Item I. ORDINANCE NO. 2022-02 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 2021-43, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2021- 2022; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council heretofore adopted Ordinance No.2021-43 setting forth the Budget for Fiscal Year 2021-2022 beginning October 1,2021, and ending September 30,2022; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter,as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2021-2022 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE,TEXAS: SECTION I: The proposed amendments to the FY 2021-2022 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2022-02, are completely adopted and approved as amendments to the said FY 2021-2022 Budget. SECTION II: All portions of the existing FY 2021-2022 Budget and Ordinance No. 2021-43, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid,illegal,or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, Ordinance No.2022-02—Market Adjustment Budget Amendment Page 1 of 2 43 01/11/2022 Item I. nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of January,2022. Matthew Porter,Mayor ATTEST: Stephanie Storm,City Secretary Ordinance No.2022-02—Market Adjustment Budget Amendment Page 2 of 2 ■ 01/11/2022 Item I. Budget Amendment Exhibit A Redistribution of Funds Set Aside for Market Adjustment Fund Department Account Number Account Description Debit Credit Market Based Increase 100 5112 51110 Salaries 12,436.81 51112 Salaries-Part Time 602.78 51310 TMRS 1,927.71 51440 FICA 808.45 51450 Medicare 189.07 15,964.82 100 5113 51110 Salaries 15,472.24 51310 TMRS 2,398.20 51440 FICA 959.28 51450 Medicare 224.35 19,054.07 100 5131 51110 Salaries 22,887.61 51310 TMRS 3,547.58 51440 FICA 1,419.03 51450 Medicare 331.87 28,186.09 100 5132 51110 Salaries 9,415.38 51310 TMRS 1,459.38 51440 FICA 583.75 51450 Medicare 136.52 11,595.03 100 5152 51110 Salaries 9,333.86 51310 TMRS 1,446.75 51440 FICA 578.70 51450 Medicare 135.34 11,494.65 100 5153 51110 Salaries 15,678.96 51310 TMRS 2,430.24 51440 FICA 972.10 51450 Medicare 227.34 19,308.64 100 5154 51110 Salaries 4,844.40 51310 TMRS 750.88 51440 FICA 300.35 51450 Medicare 70.24 5,965.87 100 5155 51110 Salaries 35,327.18 51310 TMRS 5,475.71 51440 FICA 2,190.29 51450 Medicare 512.24 43,505.42 ■ 01/11/2022 Item I. Budget Amendment Exhibit A Redistribution of Funds Set Aside for Market Adjustment Fund Department Account Number Account Description Debit Credit 100 5211 51110 Salaries 428,658.76 51112 Salaries-Part Time 13,258.18 51130 Overtime 79,352.54 51310 TMRS 78,762.73 51440 FICA 32,327.10 51450 Medicare 7,560.37 639,919.68 100 5231 51110 Salaries 342,705.88 51130 Overtime 36,292.85 51135 FSLA Overtime 37,122.64 51310 TMRS 64,498.81 51440 FICA 25,799.52 51450 Medicare 6,033.76 512,453.46 100 5241 51110 Salaries 129,796.76 51135 FSLA Overtime 16,932.75 51310 TMRS 22,743.07 51440 FICA 9,097.23 51450 Medicare 2.127.58 180,697.39 100 5251 51110 Salaries 8,689.07 51112 Salaries-Part Time 580.74 51310 TMRS 1,346.81 51440 FICA 574.73 51450 Medicare 134.41 11,325.76 100 5311 51110 Salaries 7,815.03 51310 TMRS 1,211.33 51440 FICA 484.53 51450 Medicare 113.32 9,624.21 100 5312 51110 Salaries 13,787.50 51310 TMRS 2,137.06 51440 FICA 854.83 51450 Medicare 199.92 16,979.31 100 5313 51110 Salaries 5,780.58 51310 TMRS 895.99 51440 FICA 358.40 51450 Medicare 83.82 7,118.79 100 5411 51110 Salaries 43,447.90 51310 TMRS 6,734.42 51440 FICA 2,693.77 51450 Medicare 629.99 53,506.08 ■ 01/11/2022 Item I. Budget Amendment Exhibit A Redistribution of Funds Set Aside for Market Adjustment Fund Department Account Number Account Description Debit Credit 100 5511 51110 Salaries 28,784.91 51112 Salaries-Part Time 302.40 51310 TMRS 4,461.66 51440 FICA 1,803.41 51450 Medicare 421.77 35,774.15 100 5551 51110 Salaries 33,817.58 51112 Salaries-Part Time 10,429.39 51310 TMRS 5,241.72 51440 FICA 2,743.31 51450 Medicare 641.58 52,873.58 100 5181 56040 Special Services 1,675,347.00 112 5612 51110 Salaries 1,957.02 51112 Salaries-Part Time 701.66 51310 TMRS 303.34 51440 FICA 164.84 51450 Medicare 38.55 3,165.41 112 5613 51110 Salaries 6,511.40 51112 Salaries-Part Time 8,386.73 51310 TMRS 1,009.27 51440 FICA 923.68 51450 Medicare 216.02 17,047.10 112 5614 51110 Salaries 6,393.24 51310 TMRS 990.95 51440 FICA 396.38 51450 Medicare 92.70 7,873.27 112 5625 51110 Salaries 17,305.76 51112 Salaries-Part Time 22,729.17 51310 TMRS 2,682.39 51440 FICA 2,482.17 51450 Medicare 580.51 45,780.00 112 5000 56040 Special Services 73,865.78 47 01/11/2022 Item I. Budget Amendment Exhibit A Redistribution of Funds Set Aside for Market Adjustment Fund Department Account Number Account Description Debit Credit 611 5711 51110 Salaries 17,376.16 51310 TMRS 2,693.30 51440 FICA 1,077.32 51450 Medicare 251.95 21,398.73 611 5712 51110 Salaries 35,587.46 51310 TMRS 5,516.06 51440 FICA 2,206.42 51450 Medicare 516.02 43,825.96 611 5714 51110 Salaries 25,964.83 51310 TMRS 4,024.55 51440 FICA 1,609.82 51450 Medicare 376.49 31,975.69 611 5715 51110 Salaries 21,672.03 51310 TMRS 3,359.16 51440 FICA 1,343.67 51450 Medicare 314.24 26,689.10 611 5719 56040 Special Services 123,889.48 BUDGET Market Adjustment Variance B/(W) TOTAL GENERAL FUND 1,675,347 1,675,347 TOTAL4B FUND 81,146 73,866 7,280 TOTAL UTILITY FUND 104,543 123,889 (19,346) 48 01/11/2022 Item J. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2022-03 amending Ordinance No. 2021-43, which established the budget for fiscal ear 2021-2022; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation I otion to approve Item as presented. Discussion The first part of this budget amendment is for the emergency repairs to one of our wastewater lift station pumps. The expenditure to repair the pump was $30,015.40. The pump had to be rebuilt due to mechanical and electrical internal components failure. This was an unforeseen emergency repair. The second part of this budget amendment is to account for the$31,840.82 insurance recovery related to the Newport Harbor Pump Station damage incurred during a high winds storm. The insurance recovery will be recognized into revenue and allocated to cover some of the expense to repair the water ground storage tank, the gate entrance and the fence perimeter at Newport Harbor Pump Station. Financial Summary/Strategic Goals he overall effect of this amendment is to increase the Utility Fund budget by$30,015.40 which will reduce the fund balance .y the same amount. The Newport Harbor Pump Station repairs will be budget neutral. 49 01/11/2022 Item J. ORDINANCE NO. 2022-03 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 2021-43, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2021- 2022; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council heretofore adopted Ordinance No.2021-43 setting forth the Budget for Fiscal Year 2021-2022 beginning October 1,2021, and ending September 30,2022; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter,as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2021-2022 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE,TEXAS: SECTION I: The proposed amendments to the FY 2021-2022 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2022-03, are completely adopted and approved as amendments to the said FY 2021-2022 Budget. SECTION II: All portions of the existing FY 2021-2022 Budget and Ordinance No. 2021-43, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid,illegal,or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, Ordinance No.2022-03—Water and Wastewater Repairs Budget Amendment Page 1 of 2 50 01/11/2022 Item J. nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of January,2022. Matthew Porter,Mayor ATTEST: Stephanie Storm,City Secretary Ordinance No.2022-03—Water and Wastewater Repairs Budget Amendment Page 2 of 2 ■ 01/11/2022 Item J. Budget Amendment Exhibit A Public Works Repairs Fund Department Account Number Account Description Debit Credit 611 5714 54410 Utility Plant-Sewer 30,015.40 611 4000 49600 Insurance Recoveries 31,840.82 611 5712 54310 Utility Plant-Water 31,840.82 61,856.22 31,840.82 52 01/11/2022 Item KIA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Police Account Code: Prepared By: Anthony Henderson Subject Consider, and act upon, an Interlocal Cooperation Agreement for Jail Services between the City of Wylie and the cities of Farmersville, Murphy, Parker, Lavon, and Josephine, and authorizing the Interim City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion he purpose of this Agreement is to establish an agreement with the cities of Farmersville, Murphy, Parker, Lavon, and osephine for the City of Wylie Jail to provide jail services. Agencies will be able to bring all detainees to the Wylie Jail. taff is requesting Council approve the Interlocal Cooperation Agreement for Jail Services with the following surrounding gencies: Farmersville, Murphy, Parker, Lavon, and Josephine. The ILA will outline compensation for service rendered to hese agencies by the Wylie Jail. Financial Summary/Strategic Goals 53 01/11/2022 Item K. Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Farmersville, Texas, a Type A General Law municipality ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a"party"or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the•Wylie Jail for the handling, processing, housing and detention of persons arrested by the Farmersville Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code(known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: Section 1: Definitions As used in this Agreement,the following terms have the meanings set forth in this section: The term "Jail Services" means all services legally necessary to provide for the confinement in the Wylie Jail of persons(detainees)accused or convicted of an offense. Interlocal Cooperation Agreement for Jail Services with the City of Page 1 3550163 54 01/11/2022 Item K. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2022, unless terminated earlier by a party in accordance with the terms of this Agreement. The term of this Agreement shall be extended for successive terms of one (1)year each on the same terms and conditions provided that a party has not provided to the other party a written notice of non-extension,which is ineffective unless received by the other party at least thirty(30)days before the end of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty (30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty (30)calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay ("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change In the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th)day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five(45)day period. 3.02 Wylie shall, not later than the tenth (10th)day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period. 3.03 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriffs Office. Interlocal Cooperation Agreement for Jail Services with the City of Page 2 3550163 55 01/11/2022 Item K. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of Its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. Agency shall be notified when space unavailability is imminent. 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant or a Probable Cause affidavit.. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet, Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments(EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. Interlocal Cooperation Agreement for Jail Services with the City of Page 3 3550163 56 01/11/2022 Item K. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. { (I) Provide magistrate services according to the Wylie Jail's then-current policy. Q) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer- term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie Jail Staffs sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee poses a.safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical, emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility, therefore. Interlocal Cooperation Agreement for Jail Services with the City of Page 4 3550163 57 01/11/2022 Item K. 5.04 r I Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s)for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. Agency shall be notified of any detainee released under Section 5.04. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released, Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one(1)hour beginning at the initial dispatched time. (c) Agency will be notified within five (5)minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a. public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c)above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable, until a transfer of custody from Wylie to Agency. Interlocal Cooperation Agreement for Jail Services with the City of Page 5 3550163 58 01/11/2022 Item K. Section 6: Civil Liability TO THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES, ATTORNEY FEES, WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT, EXCEPT WHEN THE SAME SHALL ARISE BECAUSE OF THE WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES, AND WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES IS/ARE ADJUDGED TO BE GUILTY OF WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE BY A COURT OF COMPETENT JURISDICTION. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee, or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. With regard to the provision of a defense under this paragraph, the parties shall cooperate with the one another in defending a claim or suit, including providing reasonable access to, and copies of, documents, electronic or magnetic data, and access to witnesses or other persons with discoverable knowledge such as detention officers, employees, or other persons under the parties' supervision or control. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d)of the Government Code. Interlocal Cooperation Agreement for Jail Services with the City of Page 6 3550163 59 01/11/2022 Item K. Section 8: Controlling Law;Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster, Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if to Wylie: with a copy to: , City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1"floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 if the Agency,to: with a copy to: Benjamin L.-White,P.e.,CMC, City Manager Chief Michael P. Sullivan City of Farmersville Farmersville Police Department 205 S. Main St. 134 N.Washington St. Farmersville, Texas 75442 Farmersville, Texas 75442 Interlocal Cooperation Agreement for Jail Services with the City of Page 7 3550163 60 01/11/2022 Item K. Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. ' I Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership, and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Interlocal Cooperation Agreement for Jail Services with the City of Page 8 3550163 61 01/11/2022 Item K. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such an event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed It. The date this Agreement is signed by the last party to sign it(as indicated by the date associated with that parry's signature below)will be deemed the effective date of this Agreement("Effective Date"). City of Wylie, Texas By: -" Date: (2//?/2/ Print Name: C n W t 4)f i'C MMerieget e D{ t'ci m�✓5� (I c_ Agency: By: Date: Interlocal Cooperation Agreement for Jail Services with the City of Page 9 3550163 62 01/11/2022 Item K. Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Lavon, Texas,a Type A General Law municipality("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, 'TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Lavon Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code (known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term "Jail Services" means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 1 3550133 63 01/11/2022 Item K. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2022, unless terminated earlier by a party in accordance with the terms of this Agreement. The term of this Agreement shall be extended for successive terms of one (1) year each on the same terms and conditions provided that a party has not provided to the other party a written notice of non-extension, which is ineffective unless received by the other party at least thirty (30) days before the end of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty (30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be. paid by Agency to Wylie within thirty (30) calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change in the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th)day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five (45) day period. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period. 3.03 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriffs Office. Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 2 3550133 64 01/11/2022 Item K. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. Agency shall be notified when space unavailability is imminent. 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant or a Probable Cause affidavit. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet, Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 3 3550133 65 01/11/2022 Item K. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. Q) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer- term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie Jail Staffs sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee poses a safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical, emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility, therefore. Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 4 3550133 66 01/11/2022 Item K. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s) for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. Agency shall be notified of any detainee released under Section 5.04. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released, Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a). VVylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1) hour beginning at the initial dispatched time. (c) Agency will be notified within five (5) minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c) above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable, until a transfer of custody from Wylie to Agency. Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 5 3550133 67 01/11/2022 Item K. Section 6: Civil Liability TO THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL,OFFICERS,AGENTS,SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES, ATTORNEY FEES, WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT, EXCEPT WHEN THE SAME SHALL ARISE BECAUSE OF THE WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES, AND WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES IS/ARE ADJUDGED TO BE GUILTY OF WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE BY A COURT OF COMPETENT JURISDICTION. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee, or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. With regard to the provision of a defense under this paragraph, the parties shall cooperate with one another in defending a claim or suit, including providing reasonable access to, and copies of, documents, electronic or magnetic data, and access to witnesses or other persons with discoverable knowledge such as detention officers, employees, or other persons under the parties' supervision or control. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 6 3550133 68 01/11/2022 Item K. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster, Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if to Wylie: with a copy to: , City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1st floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 if the Agency, to: with a copy to: Kim Dobbs, City Admin Chief Mike Jones City of Lavon Lavon Police Department 120 School Rd 120 School Rd Lavon, Texas 75166 Lavon, Texas 75166 Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 7 3550133 69 01/11/2022 Item K. Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency • The parties hereto have not created a partnership,,and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of,the other party except as may be,from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 8 3550133 70 01/11/2022 Item K. an event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). City of Wylie, Texas By: Date: Print Name: City Manager Agency: City of Lavon I O Date: 1 BY: ✓ �" - av a 1 l Vicki Sanson, Mayor LAyO i •7Fy. f C.); V • • • •. . Interlocal Cooperation Agreement for Jail Services with City of Lavon Page 9 3550133 71 01/11/2022 Item K. Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Josephine, Texas, a Type A General Law municipality ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie). Wylie and Agency are at times each referred to herein as a "party"or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Josephine Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code (known as the interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term "Jail Services" means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Interlocal Cooperation Agreement for Jail Services with the City of Page 1 3550154 72 01/11/2022 Item K. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2022, unless terminated earlier by a party in accordance with the terms of this Agreement. The term of this Agreement shall be extended for successive terms of one (1)year each on the same terms and conditions provided that a party has not provided to the other party a written notice of non-extension, which is ineffective unless received by the other party at least thirty(30)days before the end of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty (30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty (30)calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay ("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change in the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th) day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five (45)day period. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period. 3.03 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriffs Office. Interlocal Cooperation Agreement for Jail Services with the City of Page 2 3550154 73 01/11/2022 Item K. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. Agency shall be notified when space unavailability is imminent. 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant or a Probable Cause affidavit.. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet, Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. Interlocal Cooperation Agreement for Jail Services with the City of Page 3 3550154 74 01/11/2022 Item K. t l (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (I) Provide magistrate services according to the Wylie Jail's then-current policy. 0) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer- term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie Jail Staffs sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee poses a safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical, emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Interlocal Cooperation Agreement for Jail Services with the City of Page 4 3550154 75 01/11/2022 Item K. Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility, therefore. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s)for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. Agency shall be notified of any detainee released under Section 5.04. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released, Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1)hour beginning at the initial dispatched time. (c) Agency will be notified within five(5)minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c)above at Interlocal Cooperation Agreement for Jail Services with the City of Page 5 3550154 76 01/11/2022 Item K. the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable, until a transfer of custody from Wylie to Agency. Section 6: Civil Liability TO THE EXTENT PERMITTED BY LAW,AGENCY SHALL DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES, ATTORNEY FEES, WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT, EXCEPT WHEN THE SAME SHALL ARISE BECAUSE OF THE WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES, AND WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES IS/ARE ADJUDGED TO BE GUILTY OF WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE BY A COURT OF COMPETENT JURISDICTION. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee, or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. With regard to the provision of a defense under this paragraph, the parties shall cooperate with the one another in defending a claim or suit, including providing reasonable access to, and copies of, documents, electronic or magnetic data, and access to witnesses or other persons with discoverable knowledge such as detention officers, employees, or other persons under the parties' supervision or control. Section 7: Amendment Interlocal Cooperation Agreement for Jail Services with the City of Page 6 3550154 77 01/11/2022 Item K. This agreement will not he amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster, Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if to Wylie: with a copy to: , City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1' floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 if the Agency, to: with a copy to: � 1 C' Admin Chief 'II 1 ti : �t City of Josephine Josephine Police Departm nt Interlocal Cooperation Agreement for Jail Services with the City of Page 7 3550154 78 01/11/2022 Item K• I t 201 South Main St. 201 South Main St. Josephine,Texas 75173 Josephine, Texas 75173 Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency Interlocal Cooperation Agreement for Jail Services with the City of Page 8 3550154 79 01/11/2022 Item K. The parties hereto have not created a partnership, and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such an event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it(as indicated by the date associated with that party's signature below)will be deemed the effective date of this Agreement ("Effective Date"). City of Wylie, Texas By: Date: Print Name: City Manager Agency By•te .L Date: 11"l 1-7:;2 ce2i IP Interlocal Cooperation Agreement for Jail Services with the City of Page 9 3550154 80 01/11/2022 Item K. RESOLUTION NO.2021-689 (An Amended Wylie Jail Services Agreement) A RESOLUTION OF THE CITY OF PARKER,COLLIN COUNTY,TEXAS, PROVIDING FOR THE EXECUTION OF AN INTERLOCAL JAIL SERVICES AGREEMENT BETWEEN THE CITY OF PARKER AND CITY OF WYLIE. WHEREAS, the City of Parker is authorized by state law to execute an amended Interlocal Agreement(ILA)for Jail Services with the City of Wylie;and WHEREAS,the City of Parker finds it necessary to have Police Jail Service for the health and protection of its residents and their property; and WHEREAS,Wylie Police Department is an official State of Texas recognized and authorized agency to provide Police Jail Services, and the City of Parker does not provide such services;and WHEREAS,The City of Parker has budgeted sufficient funds to make the required payments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PARKER, COLLIN COUNTY,TEXAS: SECTION 1. The Parker City Council does authorize the Mayor to enter into an amended agreement with the City of Wylie for Police Jail Services in substantially the form attached hereto. SECTION 2.This resolution shall be effective upon its passage. APPROVED AND ADOPTED this 7th day of December ,2021. CITY OF PARKER,TE\ IIII,o, : = ee P le, Mayor ATTEST: ;<< '• r Q� C/ .- deezi.;,_ 1411+,0 Patti Scott Grey, City Secre 49 APP' • ED AS TO FORM: if Scott Levine,Interim City Attorney RESOLUTION NO.20201-689 (An Amended Wylie Jail Services Agreement) ■ 01/11/2022 Item K. Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Parker, Texas, a Type A General Law municipality ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party"or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Parker Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code(known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement,the following terms have the meanings set forth in this section: The term "Jail Services" means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees)accused or convicted of an offense. Interlocal Cooperation Agreement for Jail Services with City of Parker Page 1 3550127 82 01/11/2022 Item K. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2022, unless terminated earlier by a party in accordance with the terms of this Agreement. The term of this Agreement shall be extended for successive terms of one (1)year each on the same terms and conditions provided that a party has not provided to the other party a written notice of non-extension, which is ineffective unless received by the other party at least thirty (30)days before the end of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty (30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty (30)calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay ("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee 'per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change in the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th) day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five (45)day period. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period. 3.03 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriffs Office. Interlocal Cooperation Agreement for Jail Services with City of Parker Page 2 3550127 83 01/11/2022 Item K. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. Agency shall be notified when space unavailability is imminent. 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant or a Probable Cause affidavit. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet, Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. Interlocal Cooperation Agreement for Jail Services with City of Parker Page 3 3550127 84 01/11/2022 Item K. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. (j) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer- term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie Jail Staffs sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee poses a safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical, emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility, therefore. Interlocal Cooperation Agreement for Jail Services with City of Parker Page 4 3550127 85 01/11/2022 Item K. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s)for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. Agency shall be notified of any detainee released under Section 5.04. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released, Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1)hour beginning at the initial dispatched time. (c) Agency will be notified within five (5)minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c)above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable, until a transfer of custody from Wylie to the Agency. Interlocal Cooperation Agreement for Jail Services with City of Parker Page 5 3550127 86 01/11/2022 Item K. Section 6: Civil Liability TO THE EXTENT PERMITTED BY LAW,AGENCY SHALL DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES, ATTORNEY FEES, WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT, EXCEPT WHEN THE SAME SHALL ARISE BECAUSE OF THE WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES, AND WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES IS/ARE ADJUDGED TO BE GUILTY OF WILLFUL MISCONDUCT OR CULPABLE NEGLIGENCE BY A COURT OF COMPETENT JURISDICTION. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee, or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. With regard to the provision of a defense under this paragraph, the parties shall cooperate with the one another in defending a claim or suit, including providing reasonable access to, and copies of, documents, electronic or magnetic data, and access to witnesses or other persons with discoverable knowledge such as detention officers, employees, or other persons under the parties' supervision or control. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d)of the Government Code. Interlocal Cooperation Agreement for Jail Services with City of Parker Page 6 3550127 87 01/11/2022 Item K. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, TX. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify the Agency that Wylie can no longer receive detainees under this Agreement. If the Agency has detainees in custody at the time of any natural or man-made disaster, Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification,the addresses of the parties shall be as follows: if to Wylie: with a copy to: , City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1y floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 if the Agency, to: with a copy to: Lee Pettle , Mayor Chief Richard Brooks City of Parker Parker Police Department 5700 E. Parker Rd. 5700 E. Parker Rd. Parker,Texas 75002 Parker, Texas 75002 Section 11: Captions Interlace' Cooperation Agreement for Jail Services with City of Parker Page 7 3550127 88 . 01/11/2022 Item K. The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership, and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the Interlocal Cooperation Agreement for Jail Services with City of Parker Page 8 3550127 89 • 01/11/2022 Item K. law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such an event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it(as indicated by the date associated with that parry's signature below)will be deemed the effective date of this Agreement("Effective Date"). City of Wylie, Texas By: Date: Print Name: Ciity Manager Agency: J_Q Date: /,2— /471--.2, Print N e: Lee Pettle, Mayor Interlocal Cooperation Agreement for Jail Services with City of Parker Page 9 3550127 90 / 01/11/2022 Item K. First Amendment to Interlocal Cooperation Agreement for Jail Services This First Amendment to Interlocal Cooperation Agreement ("First Amendment") is entered into by and between the City of Murphy, Texas, a home-rule municipality (Murphy) and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the "parties." RECITALS: 1. The parties entered into that certain Interlocal Cooperation Agreement dated February 10, 2021, which is incorporated herein by reference for all purposes ("Original Agreement" and together with this First Amendment, the "Agreement"), wherein Agency contracted with Wylie to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Murphy Police Department. 2. The parties desire to amend the Original Agreement as set forth in this First Amendment and to otherwise agree as set forth herein. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Amendment to Original Agreement, Section 2.01 (Term) Section 2.01 (Term) of the Original Agreement is hereby amended to read as follows: "2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2022, unless terminated earlier by a party in accordance with the terms of this Agreement. The term of this Agreement shall be extended for successive terms of one (1) year each on the same terms and conditions provided that a party has not provided to the other party a written notice of non-extension, which is ineffective unless received by the other party at least thirty (30) days before the end of the then-current term." Section 2: Defined Terms Any term not defined herein shall be deemed to have the same meaning ascribed to it under the Original Agreement. Section 3: Ratification First Amendment to Interlocal Cooperation Agreement for Jail Services Page 1 3550154 91 j . - 01/11/2022 Item K. The parties hereby ratify and confirm all of the terms, provisions, covenants and conditions of the Original Agreement and acknowledge and agree that the Original Agreement remains in full force and effect, except as amended in this First Amendment. Section 4: Controlling Agreement To the extent that any provision contained herein conflicts with the Original Agreement, the provision contained herein shall supersede such conflicting provisions contained in the Original Agreement. Section 5: Entire Agreement/First Amendment This First Amendment and the Original Agreement contain the entire agreement of the parties with respect to the matters contained herein. This First Amendment may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. Section 6: Authority to Execute The individuals executing this First Amendment on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this First Amendment to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this First Amendment in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this First Amendment and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date. Section 7: Counterparts This First Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one First Amendment. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. [Signature page follows.] First Amendment to Interlocal Cooperation Agreement for Jail Services Page 2 3550154 92 • • 01/11/2022 Item K. IN WITNESS WHEREOF, the parties have executed this First Amendment and caused this First Amendment to be effective when all the parties have signed it. The date this First Amendment is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this First Amendment. City of Wylie, Texas By: go.,A Date: It ti4'17,4 pp Print Name: ce,fit rqsAc..Q, City Manager Agency: City of Murphy, Texas By: Date: IV O0-m\04.0 10 DOD\ Print Na : Mike Castro Title: City Manager First Amendment to Interlocal Cooperation Agreement for Jail Services Page 3 3550154 93 01/11/2022 Item 1. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae' 011ie Subject Tabled from 12-14-21 Remove from table and consider Consider,and act upon,Ordinance No.2021-55 of the City of Wylie,Texas,amending Chapter 110(Traffic and Vehicles)of Article VI.(Stopping,Standing,and Parking)of Section 110-173 (Stopping,Standing,or Parking prohibited in certain places) of the Wylie Code of Ordinances; creating Section 110-173 (g) prohibiting the stopping, standing, or parking of a vehicle along the north side of Cloudcroft Dr. from S. Ballard Ave. east to the west property line of 115 Cloudcroft(approximately 582 feet) and the south side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with Vail Ln. (approximately 560 feet) and on both sides of Stoneybrook Dr. from S. Ballard Ave. west to the point of intersection with Willow Way(approximately 360 feet) during those times set forth in this ordinance; establishing an offense; providing for a penalty for the violation of this ordinance;providing for repealing,savings and severability clauses;providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Recommendation I otion to approve Item as presented. Discussion Based on discussion with Council,the proposed Ordinance establishes no parking along portions of Cloudcroft Dr.within the Southplace Estates subdivision and Stoneybrook Dr. within the Westwind Meadows subdivision between the hours of 6:30a - 8:30a and 2:30p-4:30p Monday thru Friday when school is in session. This amendment replaces the previously discussed item requiring permit parking throughout the subdivision. Summary of Ordinance: - Exception for persons who reside in the designated areas. - North side of Cloudcroft Dr. from S. Ballard Ave. east to the west property line of 115 Cloudcroft(approximately 582 feet) - South side of Cloudcroft Dr. from S. Ballard Ave. east to the point of intersection with Vail Ln. (approximately 560 feet) - Both sides of Stoneybrook Dr. from S. Ballard Ave. west to the point of intersection with Willow Way (approximately 360 feet) Maps depicting the subject area are included for display purposes only. Financial Summary/Strategic Goals I nfrastructure 94 01/11/2022 Item 1. ORDINANCE NO. 2021-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 110 (TRAFFIC AND VEHICLES) OF ARTICLE VI. (STOPPING, STANDING, AND PARKING) OF SECTION 110-173 (STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES) OF THE WYLIE CODE OF ORDINANCES; CREATING SECTION 110-173 (g) PROHIBITING THE STOPPING, STANDING, OR PARKING OF A VEHICLE ALONG THE NORTH SIDE OF CLOUDCROFT DR. FROM S. BALLARD AVE. EAST TO THE WEST PROPERTY LINE OF 115 CLOUDCROFT (APPROXIMATELY 582 FEET)AND THE SOUTH SIDE OF CLOUDCROFT DR.FROM S.BALLARD AVE.EAST TO THE POINT OF INTERSECTION WITH VAIL LN. (APPROXIMATELY 560 FEET) AND ON BOTH SIDES OF STONEYBROOK DR. FROM S. BALLARD AVE. WEST TO THE POINT OF INTERSECTION WITH WILLOW WAY (APPROXIMATELY 360 FEET) DURING THOSE TIMES SET FORTH IN THIS ORDINANCE; ESTABLISHING AN OFFENSE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to prohibit the stopping, standing, or parking of a vehicle along the north side of Cloudcroft Dr. from S. Ballard Ave. east to the west property line of 115 Cloudcroft(approximately 582 feet),and on the south side of Cloudcroft Dr.from S. Ballard Ave. east to the point of intersection with Vail Ln. (approximately 560 feet), and on both sides of Stoneybrook Dr.from S.Ballard Ave.west to the point of intersection with Willow Way(approximately 360 feet) (the"Designated Area"); and WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to prohibit the stopping, standing, or parking of a vehicle in the Designated Area; and WHEREAS, the City Council further finds that the stopping, standing, or parking of a vehicle in the Designated Area is dangerous and creates a traffic hazard that threatens the health, safety, and welfare of motorists and pedestrians; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie and promote the public health, safety and welfare of the school children to prohibit the stopping, standing, or parking located in Wylie, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Chapter 110 (Traffic and Vehicles) of Article VI. (Stopping, Standing,and Parking)of Section 110-173 (Stopping, Standing,or Parking Prohibited in Certain Places)of the Wylie Code of Ordinances. Chapter 110(Traffic and Vehicles)of Article VI. (Stopping, Standing, and Ordinance No.2021-55 Southplace Estates&Westwind Meadows Page 1 of 3 95 01/11/2022 Item 1. Parking) of Section 110-173 (Stopping, Standing, or Parking Prohibited in Certain Places) of the Wylie Code of Ordinances,is hereby amended to read as follows: '' (g)Except for persons who reside in the following designated areas,there shall be no student drop off or pick up between the hours of 6:30a-8:30a and 2:30p-4:30p Monday thru Friday when school is in session: (1) North side of Cloudcroft Dr. from S.Ballard Ave. east to the west property line of 115 Cloudcroft(approximately 582 feet). (2) South side of Cloudcroft Dr.from S.Ballard Ave.east to the point of intersection with Vail Ln. (approximately 560 feet). (3) Both sides of Stoneybrook Dr. from S. Ballard Ave. west to the point of intersection with Willow Way(approximately 360 feet). SECTION 3: ENFORCEMENT: In no way shall those areas where stopping,standing,or parking is prohibited be obstructed and no parking shall occur therein. The Police Chief, or his/her authorized representatives, is authorized to issue citations and/or remove or cause to be removed any material or vehicle obstructing the area in which stopping,standing,or parking is prohibited at the expense of the owner of such material or vehicle. The City shall not be responsible or liable for any damage to any vehicle or personal property removed from the area where stopping, standing, or parking is prohibited and shall not be responsible for any damage resulting from the failure to exercise the authority granted under this Ordinance. SECTION 4: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: SEVERABILITY. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: PENALTY PROVISION. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not more than Five Hundred Dollars($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local,state and federal law. SECTION 7: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances,any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings,when used,and the deleted portions shall be removed when amendments are printed in the code.The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. Ordinance No.2021-55 Southplace Estates&Westwind Meadows Page 2 of 3 ■ 01/11/20221tem 1. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 11 th day of January, 2022. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Date of publication in The Wylie News—January 19,2022 Ordinance No.2021-55 Southplace Estates&Westwind Meadows Page 3 of 3 97 01/11/2022 Item 1. EXHIBIT A No. -. , , • � - . , , _ , x . ri � Fff, 1 1. •*:. p 64. 1 ,. ._ • , a. flirk 49111§ / I :_ Fehr , - -p obi ...e •__ • ", v , - ... -• / ,. .. 6% u R all sir -. " ' I . . Nf. lik:** -, 1 . 0 •ler • jiLlr gl pli . - - Y1.111 . . _. :t.AJt qic° IL 1 f0STONEYRR..R DR • .y ..-- .1,.....-- rnGPlra erg- I . , f _..... ... - - ,,,! ., r• p Ilk - • i , _. 7.' • - . ' :-. 4 - 1.,,,,,s4m .6 4. , _,, . . ,- 01 q . AI4 111111I" ! . Aid. INa,4v 4. ,_.,. II. �� :�► g 0 14 98 01/11/2022 Item 1. EXHIBIT B f : �., ! *4\ ' • 4. otrut fff MP .. .. i_ifi ,i,,:;:ioe tars if.,,,...,r. _.., . .. _ . ... .... .°): . f. - 1%, AL 44. yolk7 • ....•t , lir - ; aI it. ' ' • 6TON K`••K:pR� V �' NON _T K DR CLOD. Ropy.UM - - — - .111/ . NOTED — 1 s PI*;i4. . 1 it • . . ,F MI ., _i___ r , r.4 r'i It 0101 Ip *76 ,,,,„,,,,,,, d VI '• rr �r.T I J e 1 • I ,..0 . kitAhrt I %/6g/i6. , 1‘ 7‘X4.1.6r I 1° rat% 6 1 *4, ti`),,, Y 4.40 i ik • .. . r„. , , • ' P.. - • 1 .....: 1 0441 4. 44 AMC ; ,.. , ,,. ... ,., , , L, r 99 01/11/2022 Item 2. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Tabled from 12-14-2021 'emove from table and consider Hold a Public Hearing to consider,and act upon,a change of zoning from Commercial Corridor(CC)to Commercial Corridor Special Use Permit(CC-SUP), to allow for a restaurant with drive-through service on 1.03 acres,property generally located at the northwest corner of State Highway 78 and Birmingham Street. (ZC 2021-23) Recommendation I otion to approve Item as presented. Discussion OWNER: Wylie EDC and Wylie Industrial Court LTD APPLICANT: Patrick Filson At the December 14,2021 City Council meeting the applicant requested a Special Use Permit(SUP)for a drive-thru restaurant on 1.03 acres generally located at the northwest corner of State Highway 78 and Birmingham Street. After some discussion regarding the proposal,the applicant requested, and Council granted,the item be tabled so the proposal could be amended to address some Council concerns. The amendments are outlined below: • The maximum size of the structure has been reduced from 11,100 square feet to 10,000 square feet. • Total maximum restaurant space was reduced from 7,800 square feet to 4,800 square feet. • Restaurant size was further designated as drive-thru,without drive-thru,and without drive-thru(limited seating).Limited seating is usage designated for generally carry-out restaurants such as pizza, smoothies, or sandwiches. • The zoning exhibit was amended to reduce parking on the curve on Industrial Court. • Total parking was reduced from 57 to 55. • On-street parking was reduced from 19 to 15. • 25 spaces were increased to a minimum 10'x20',the zoning ordinance standard. • Parking was amended to be per use by the zoning ordinance and not at a fixed 1:250 ratio. The Zoning Ordinance requires all restaurants with drive-throughs to obtain a Special Use Permit. The proposal includes a new 11,100 square foot structure to include a maximum 1,800 square feet dedicated to the drive-thru restaurant on the southwest end of the structure. The SUP conditions allow for up to 6,000 of the remaining square feet to be a restaurant use (without drive thru). The remaining square footage is proposed to include unspecified uses that would be allowed by right. The proposed SUP conditions and the zoning exhibit include several exceptions to typical Zoning Ordinance and Design Manual standards: 100 01/11/2022 Item 2. • SUP conditions allow for parking at one space per 250 square feet of structure while allowing for potentially 7,800 square feet of restaurant space which the zoning ordinance requires to be parked at 1:125. • Required parking is a minimum of 80 spaces; the zoning exhibit provides 38 on-site parking spaces. Proposed off-site, on-street parking provides 19 spaces for a possible total of 57 parking spaces. • Off-site parking includes utilizing public ROW. • Off-site parking requires backing into the public ROW. • On-site parking spaces are 9'x18'; off-site 9'x20'. • One-way drive aisles are 14' instead of 20'. Elevations were not provided and are not included in the SUP conditions or Zoning Exhibit. The surrounding properties are zoned Commercial Corridor and have existing commercial uses such as general office, daycare,bank, general retail, and restaurants. There are currently 10 other drive-thru restaurants within 1/4 mile, all occupied. The site is located in the General Urban Sector of the land use map and the proposed use is consistent with the existing surrounding development and land use classification of the comprehensive plan. Approval of this SUP shall require an amendment to the City Code of Ordinances, Chapter 110, Article VI, Section 110.173(a)(10)(i)that prohibits parking on the south side of Industrial. The property currently consists of multiple lots. Review and approval of a separate site plan, landscape plan, elevations, and plat shall be required should this Special Use Permit be approved. Notifications/Responses: 12 notifications were mailed;with no responses returned in favor or in opposition to the request. P&Z Commission Discussion After some discussion regarding the limited parking and the request for off-site parking using the public ROW, the Commission voted 5-2 to recommend approval, with the dissenting Commissioners siting the off-site parking's, safety concerns backing into the ROW, and general size of the structure relative to the size of the property. Financial Summary/Strategic Goals I'lanning Management 101 Locator Map 01/11/2022 Item 2. ,... - W OAK ST ' r #[ ( n,=sc C A ez jig16atl) .idiilnipi'• ' , - 403 II 303'•• V t r, 1 101 1 i100. i -113.'„ 10;103)1 i101 F F$ 409. - 1 10 2 .. ,� ��. 10 - 111 1 titt ',Ai,* Ik �. IX 104 l_ 105 ,c cm co MD 107 :✓ 4' r-el' w M ♦ • 117 ' ELLIOT� G� r , r ,.L�z ®p al�ar�w� _ _ i 6110:-co '0U Alley4. ,as .y. cm fin erg i , -cr a .„,,,,r, • V - .rrgo 017 l ' 1� - ' Q1U4osaaa I 17k _ m 402 400' y y ' <FjI4"NG ST — 200 • , 0i , ` [ Y Emma m i At'' 1 "•1 E & C . dit _ cg) 1 ° 202 209 204 ( I , ca. 11r- P E BUTLER ST " T is300 206 201 Ire rt Bu (- ,, �,,`,ce i+.. _. / ✓i n T 301 5 • r ,a r '. 9. 101 V y r • a \9 G,f` % .250 CC0ta ' t,`.'."f o. 0 .'4."0" g 305 i.M --- .` - ,A), , ` ��e P4 s - CALLOWAY 307 ARe'A 7*4,-,1' 1 W O' `t. ,n r e - c. 330 _ i �� S e sA `4 ,33G330 ! GX I '201 J i. ... 1' k` . ems .CP.C'V 30.1 h 403.--.:?> !3,'II. @7P :0 +.) CEO _ • '.',Ai • 9 / 7 ti I I 406 • 'COLLEGE'ST' <'aoo�. c rTL _ 1 . :: � ./1 , •••,, , go.: \�' 4, 0 403 wd 501 _ .502 �410t. il exi u) i 503 09 ."4 �_. ' ! 5 • i�. V 506 505 501 Q a` fir. fell: 405 �.r�.— ,. - �" 4E WILLIAMS ST -- 507 409 i - I t' .i i • •.�' 602 , -.)/ a.,,.7. cm 603 ZC 2021 -23; Victory at Wylie; 240 S STATE I k' 78 s NI:-..'1 h * `- __ /' IA N XyKy yXy 1 L,� ' 1 •3, Subject Property 4`�� _ 7i � ihi CITY OF �- I `1- f • r o �d 0 125 250 500 750 1,000 Feet WY L I E - '`' * J I I I I I I I I I I I 1021 01/11/2022 Item 2. Victory at Wylie EXHIBIT "B" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit (SUP) is to allow for the development of a commercial site to include one structure with a restaurant with drive-in or drive-through service use and provide for certain variances to regular zoning ordinance requirements. II. GENERAL CONDITIONS: 1. The site shall be developed and uses allowed shall be in accordance with Commercial Corridor (CC) design standards, as provided in Article 4, and 5 of the City of Wylie Zoning Ordinance as adopted April 2021, except as specifically provided herein. 2. This Special Use Permit shall not affect any other regulations within the City of Wylie Zoning Ordinance as adopted April 2021, except as specifically provided herein. 3. The design of the Victory Wylie development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. A restaurant with drive-thru shall be allowed as a condition of the SUP and as generally depicted on the zoning exhibit. 2. The maximum size of the structure shall be 10,000 square feet. Restaurant uses shall be limited in size as follows: Restaurant Type Maximum size Restaurant with drive-thru 1,800 square feet maximum 103 01/11/2022 Item 2. Restaurant without drive-thru (full-seating) 2,100 square feet maximum Restaurant without drive-thru (limited- 1,500 square foot maximum seating)* All Restaurant uses** 4,800 square foot maximum *limited seating is a maximum of one seat per 150 square feet of floor area **Total maximum is less than each allowed use maximum in order to facilitate minimum parking requirements. 3. Parking for limited-seating restaurants' shall be one space per 150 square feet. Parking shall be allowed along and into the Industrial Court right-of-way as depicted on the zoning exhibit. Parking spaces shall be a minimum of 9'x18' onsite and 9'x20 along Industrial Court. Angled parking shall be allowed in two-way drive aisles. 4. The landscape buffer along State Highway 78 and Birmingham street frontages shall be a minimum of 10'. Neither a tree preservation survey nor tree mitigation shall be required for development of the site. 104 01/11/2022 Item 2. NIGHT OF WAY Or INDUSTRIAL COURT BEINr /�/\ \\\ I I Eli'. awxo. =REGExGx.wRx, " APPROXIMATED.MEI S.M..OF A MAILBOX PRELIMINARY FOR REVIEW ONLY LOT 13 NAILN.63121131JSTRIAL PA. cce c SLIDE 2. 1 , I it„ OFFS!.NORTHWEST OF LOT 1 IN ac.cocc THESE DOCUMENTS ARE FOR INDUSTRIAL PARK AND BEING APPROXIMATELY 250 D E S I G N R E V I E W 0 N L Y A N D / \\ \ PxccT. II —— N �EVAnon ss 33..A.UNT AND x �m ET Eixxusmu BY,o x or. ` E P ARE D \ _ __ W y I Knowwhat'sbelow. cm co ION,BIDDING OR PE xoEa:�OF ow�RER�� / �\ /� -EXONE --E' �E--- w cu W >/ Call beforeyou dig. - OR Eu.GAARRDNERu CC OF Biamixciim STYE.BEING APPROXIMATELY 6. / ♦ LOT 12 \ 0Y i _ \ BEING ER x ATE 2/12/21 \ RGG PARK l 03. �d Z1Vog.o INDUSTRIAL COURT —_-- "I ¢moo'('''11' M�onMAwON OF STATE�xAv,axG 50'R.O.W / IIELEVARON a\ fl pGxE -- ——— PERCA6.G SLIDE JGS,F.R.C.C.T. (( / 42 tea / ��— •u.. \ xv P. Z '1 _ RAH 6 RAILROAD pgp ..°'PANE ��g 1 i SETBACK _i a—/� ZJ° e�_ m / LEGEND aso ESTory Ho ZOO �w/ -- I HYDRANT r PROPOSED=. v R�pm70 oxfi,; .E L I « , 4 FIRE LANE STRIPING 3330.0 - a,E �Q , PROPOSED FIRE WM.! -egg , . /, PROPOSED cu.mET F. �� g. xx�uaEExE. ° w ��1 /p ! TRACT 1 mExG� �a , II A PARKING courr/doY' EA..zox xG KE SITE PLAN DATATABLE� a+E LPROPOSED ZONING OTARE,x RECC -On /, , Zy /RETAILIREST I j�R/ � z� Tmueuwxc AREA(sTl so O LDG=io,000sF \ / a 3�` ,E/ 55 PARKS fzo—/ 'I i z,,o sro\ / I a \ I ; f .1 au�urvc LnremERAGE(x��TTmRARra RAno a azT i Ogg I I / / / KEPARKING DATA TABLE i ill I ,a /'dxsI RErxRRARxxG REau�RExETn ,sRAGE Rrv,zSxg NESTALINANT PARKING REQUIREMENT �/ / �Z/// �\ I ® � / ' �� 4 I ��..e a�ARwwTw�Gwrr=TMRR P.wxxaEa,IRET.� ,sRA�Px„msF /E`sETxe x /� word. d.ARxIG SAGES REGxiREO Soos 1SPACE SPACES PER SF / \� / �.. / ,.fit'/ I 10 a //</ ,'/ �� 3, o ....;� W��,� COURTDEVELOPMENT,LTD �Ax TR xGxRA�REmIR® oox0 IISPAGg .G� - - .> � „To RE e ROxG 10 SPACES BEST,a.s.FBANT VA DRIVE.. // �� o-'� m�RxGxRRRoxG��R® ��RAG� E. RGGT E a g o INS • R ,' \ .�/, a // '�V GRAPHIC SCALE lw oil \ is ..--ate '' / \!�O PfO SCALE:1"=20' Z \ xv. V \ a E T wa / Sg' ,10:;I GT3 „s/ �aP° IYPROJECCT o` ><K.E irkma i' /— -- / �:' / NAME ENGINEERING i u RAILROAD IMAISIMAL x / O // KE PROJECT y R.._._ \ /// / // d'O um x.BLOCK X crvsuave.'Aomori NAME aE TEXAS FIRM NO 1S874 m TEXAS / PREPARATION T 0.1.021 i-NUMBER v¢RDz3 w uE / / LANDSCAPE VICTORY GROOP LANDSCAPE ARCHITECT COMAPNY am 08/30/21 pEg p. x` `\ \ — 0 // ./---H4:) Igg'''27 GGmACT =GGxTAGT GGmAGTaARGxREGT.Ra SITE PLAN TSp aa1 // // C. GGmAGT.,GxxGARGxER,RE GGmAm.,AGxx�RTGxRRS FEET. i .c C3.O J 105 01/11/2022 Item 2. ' BM NO 1 THE SITE BENCHMARK IS AN M CUT WPM B.S. CLEM,NORTHWEST OE LOT 1 IN ,` ' 1 �DaTADDMOF THE�DDDINDUSTRIAL PARK MnBEIN D=w ION,BIDDING . 1, KB what's ELEVATION-55o� awe BY,OR OR xTET:E OF oWERER PREPARED OP OE • LWy Call abefore you dig. M.NO_ CONCRETE PAVEMENT IN THEEAST RIGHT OF- RD100N ED.GAARRDNER CC ' OF BIRNINGHAM SMEET BEING APPROXIMATE, Dare w.On. MANHOLE FOUND EAST 0.2 THE S.WO BEIM APPROXIMATELY BO MEI N.,OF THE INDUSTRIAL COURT Z 3 o INTE SECTIONOFST D'D"`"A"'°AND NI JAI soa.o.w Q�v FER LAB.G SLIDEJAB,F.R.LC.T. Z.. ELF/A.1,550M MVO., - Z • ` GROU' m �� ? s2R1ERESTDNBD�sD E,DD I ® - ! LEGEND 1 — k ? ! j _ P SmEIPEmnawr 1F" i •/ 1"t PaDPDSEPPROPOSED CURB MEI ® I w F 1 PDDDODNT• o z , oo � PROPER,BODDD — —J I PROPOSED,. '312. ih LI z ' LOT=103AC _ RETAILIREST I 1 I. • '. 0 BLDG=10,000SF / !: KE SITE PLAN DATA TABLE U -1' // 55 PARKS +f 1 �I - Ex sr xczax xs rF o PROPOSED ZONING CC I / 1 � E,��ORA��ATID M29,0262, DErrP AxxxEuiErPARKING DATA TABLE Nss , Ol \ / / SPACE PEN is o sEI \ / PAWING' RESTAURANT r oanEDuPARKING��.P,r €gil �\ / - A FDA OFFICE r SPACE PEN so _ / . . - l RETAIL PARKING SPADEs HEMMED IS MO SE 16SPACES � NEST... S SPACES / WPPREQUIREDDP ACES REQUIRED ADA PAWING SS SPACES RX w s �J� :' / �1� . GRAPHIC SCALE $ f �\` \/ Z/I \``�0"J f�f0 • / SCALE 1 20' d A M ` 5�f'0"P�� • SITE TY PLAN Wirkman RAMO,Hu Du snai,PARK / -�`` I G KE PROJECT NAME ENGINEERING • suave,morn cm NAME 5200 STATE HIGHWAY 121 20,1902150100006. TX 2603.1 TEXA ,,,tee Z.fr, PREPARATION ,DaNDMDEa "E�°3 �E SURVEYOR ee/dr _ AS 5 ;• , • r ISSUE_ ATE 08,30,21 • _ \ DM ��sA D a�Dppo T.w SITE PLAN .416 2''III 111 1/ N: MOO STATE HIGHWAY,' 5200 STATE HIGHWAY 121 PH JACK Rpm FEET. i �, C3.0 J 106 Notification Ma 01/11/2022 Item 2. p Icuoj 1116 115 Q COCO ri KELLERS 1 - 204ILI �� NORTH SIDE 4/ 1181] OF SH 78 KELLER 13.ECOND KELLERS 2 �� ADDITIO 209 (BLK 12 l�T ❑ — 212 7R-1 & 2)--i W _. INWOOD z .• •CORNERSTONE^ 200 NATIONAL p -� PRIVATE �%.` BANK I !� SCHOOL .• I— Tg ' x O 301 �� I. 120 • �a� Ale ( .�Y 202 —' 0 • • n6/ 204 Cif 1 � , $1I I— 1 /�i- iiiiiiiiii 1 COTTON BELT 206 ♦1`.�►��1►��♦ AD D IT I O�l - I �� i��1°�� Q 1 COTT N BELT 1 ��j� 't �j��j��j��j�j�j� 2 1 AV UE AND i /\ Si 4 h A" F E M I N G STR E 1 1 ' B08 si ,4,��♦ : , -- ` ��• Cp ; ��, (n��• 20 ..\ ,�`Oi�� Py�R' PO1sjSUM LODGE 201 RAILROAD. ��1 1 INDUSTRIAL PARK �•�•` ��G ;/ •• g�P .,•/ CALLOWAY ST 330 �•` 5 330 •• ,� 330 330 .` ,• KELLERS 1 - 201 ••. / SOUTH SIDE �'�.�� •....•.� OF SH 781 a . ._ I • ,� I 403 >, OC\ 301 N AMERICAN Q NATIONAL 1 y BANK ON 78 3031 I 407 406 AMERICAN ATIONAL BANK ON 78 303-S ZC 2021 -23; Victory at Wylie; 240 S STATE HIGHWA - (' 11,�� 2 I a. ? ,.I ?I°.`` •. �_•_•_•, 200 Foot Notifcation Buffer �� Subject Property 1�, --I , CITY CIF j^ . o ` POv 0 62.5 125 250 375 500 Feet WY L �'K, y I I I I I I I I I I I I — ``� •.'� ` 107 01/11/2022 Item 3. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Hold a Public Hearing to consider, and act upon, a request for a change of zoning from Commercial Corridor (CC) to Commercial Corridor Special Use Permit (CC-SUP), to allow for a restaurant with drive-through on 0.832 acres, property located at 2812 W FM 544(ZC 2021-24). Recommendation I otion to table item. Discussion Request to table P&Z Commission Discussion Due to a member absent and a 3-3 tie vote for a recommendation to City Council,and in accordance with the P&Z Commission rules and procedures, the Commission is requesting Council table the item until after the P&Z Commission can reconsider the item at the January 18,2022 P&Z Commission meeting. The Commissioner generally discussed the safety and accessibility of the proposed addition of a drive-thru to the site.Changes to the zoning exhibit to address the dissenting Commissioners concerns are under staff review,will be presented to the P&Z Commission at the next P&Z meeting,and are not contained herein.This report contains the documents as originally presented to the P&Z Commission. OWNER: Barid Rentals ENGINEER: Franz Architects The applicant is requesting a Special Use Permit (SUP) on 0.832 acres generally located at 2812 W FM 544. The Zoning Ordinance requires all restaurants with drive-throughs to obtain a Special Use Permit. The original site was developed for a restaurant without a drive-through service (Soulman's and Kickin'-Q). The property owner has requested for the drive-through service allowance for marketing purposes as the previous restaurant closed. The applicant has not provided,nor do the SUP conditions stipulate an ultimate end user. Changes made from the existing site layout include removing 13 existing parking spaces for the addition of a drive through lane. A remainder of 26 parking spaces with two ADA accessible are provided onsite. The site will use the existing access that connects to FM 544. The landscaped area exceeds 20% and contains an existing landscape buffer with sidewalks along the street frontage. As presented the project is in compliance with the 140' drive-through stacking requirement; however, there are traffic flow concerns as any overflow in the drive-thru would spill out into the main front drive aisle that serves three other connected properties, and consist of one drive-through restaurant, a nail salon, a dentistry, and a medical clinic with a drive-through. 108 01/11/2022 Item 3. The structure is proposed to retain the exterior that consists of existing materials of stone,stone banding,and EIFS. Canopies are also provided at the drive-through window and at the main entrances. As part of the Special Use Permit Conditions, the Zoning Exhibit shall function as the review and approval of the site plan. Notifications/Responses: 12 notifications were mailed; with one response received in opposition and none in favor of the request. Financial Summary/Strategic Goals I'lanning Management 109 Locator Map 01/11/2022 Item 3. -iip .ma x --'203 ` .rr y z03 - -= - �. • •� F 204 - 206 207' 206 207 CI .205' , e, zos, p zos zos 208'Ari ! f3 "zos • • saa 6'1ZSD ED 'U L. '? ' _ I- �� 301 `300. ' 1 LAKEODE WI '4( 2ta�r t� 'O IEWA°�Mv �- 302'- W ' J�... �' '/ �.i,Q ..'�9i7 �.� W Aga . 306. i 1O 306: .. I V -• 307 TD ' igf t� Q 'iY , !- 0. - 31,1 - .� � 311 '1;0041 i PICL'IT-rarer 295 ;!.r. "af _ '�' ... ) _ - ....Y- ' ECU N { ilb _ J 2809 pia ;, •..2801 • _ IC.0 2771 t all MB1 2 r.�: ,,;,q �, ,. Mr t y T Driveway • 3040 cNIIL2814 2812 Ir T 2806 R , - - • -• `A c' 3008 J, '�2810 2806 "v' -. " �3020 - /` :1 :2810^� �y 2802:802 .f k _ i''''' `y-• a y.. .A ,♦� � .` ti - M A4 Ill mili, fa Y - �... ' i f YL . I•' �. • t C U r a �:f• i_. • Z AO 11�ios•. " . ' , .28`44•i .. W • 1 20 '+.0 8-100 8-200 8-300 �� .p nom ~ * ` 24 .x ; �, }, '-7- -r 10-B t 1, (yy�p r 1 10-A 'i 10-C I l:J i Y r- ;'3 i • L1J - ,,- 1 12Nervii. V _ ' f wZ % �•• s` T .:,if .3 �. s V-V 1, { . l 16 �, Q r„ is I ` "' �- � u toi yP ' r 9 tel fi45„rFP.1 1°. 1)rive .I 90' d STEEL . � a 2 3100 3002 3000 ., iti .='�. 11 .:. — �/ - ... i F 101 -... . 1� 1 • H POINT DR AI ZC 2021 -24; Freddy's Lot 2R1 , Blk B. 2812 544 Jos / .. XyXyKyxY i_ 1 ' ~ Subject Property IN ,`„.�„ 7 ` . ,A,-..i . CITY OF F-<�"t`I e j� _ 0 il 0 120 240 480 720 960 Feet WY L I E _ _ �`,..,. 1 ---I I I I I I I I I I I 111 01/11/2022 Item 3. Freddy's Lot 2R1, Blk B EXHIBIT "B" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a restaurant with drive-in or drive-through service use. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 2. The design and development of the Freddy's Lot 2R1, Block B development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. The Zoning Exhibit (Exhibit C) shall serve as the amended Site Plan for the Development. Approval of the SUP shall act as site plan approval. 111 01/11/2022 Item 3. II iiUn w yR CN RM 544 mg (120' RIGHT OF WAY) RM 544 +N. CENTERLINE OF (120' RIGHT OF WAY) m q I'WARP EASEIIMi 10*0 CO.0 EASEMENT Af1EP 1 6D CDN EASEMENT Eu51MG RAMP L OV0..2016,PG 229 POAp 1WOENINC VOL 59],PG.NI) AND SIDE*. CC U .WA EA5f11fNT (A6 PD.CATEO AFTER li L Vix. 14 PG 229 ROW WDDJNG WL 39],PG.20) � 6 S S3 __ 1 ISY \ / 20'BUILDING UNE ' EAST I655' ~ I cAa E.PG x9. +-0 20'WIIDNc LWE I MING RAMP I I CAB T.PG O. I a M O SIDEWALK I LAST I 6.56 24 DRE LANE ACCESS n'_N I / h �� Z k unurcG fiA�yEN ]E 3O I / \� I T=P I9jN� tili- ' / O 1 22 I .3 R 4%) ' \ I 31 VOL]I6� 1 I / NEes 0 ®7 • I 1 I , , a O LOT 2R-1,BLOCKB � r FREDDY'S ADDITION I I I DP LOT 2R-1,BLOCK B VOL.2016,PG 896, I FREDDY'S ADDITION I �D�//LL N- 36260 SO FT.OR 1 VOL2016,PG 896 I L,[„N I = 0.832 ACRE ' I 36,250 SQ FT.OR UJ 1 I I r 0.832 ACRE I I N- RESTAURANT H I 3,280 SQ FT II '' al I 12 \� , Rim I I1� SUMMARY TABLE II I_ " \ /I N�O,, GENERAL SITE DATA /N/ S 7! PROPOSED 1' ZONING: CC/CORRIDOR COMMERCIAL LIB 1 r [�11�� LAND USE: RESTAURANT W/DRIVE TN 1 �EpUOPVE I n LOT AREA: 36.250 S.F.(0032 ACRES RV Q BUILDING HEIGHT: 90'4 F STOW( NEWS '24 'AT" I BLAMING AREA 21'ACCf55 EASEMENT I UNOSQM NG - --'- WNooW OVERAGE 156R#50 / / VOL 2016,PG 896 24 VOLASEMENT VaL i16,PG&% I PARKING RATIO REO: / I b W REQUIRED PARKING: ]166/15 =24 ' I 0. q " ' ACCESSIBLE PROYDED APARKNG REO: 6 SPACES NFW WRB6 I ACCESSIBLE PARKING PROVIDED: LANDSCAPING REQUIRED 20# D i 10 1 �1.. 101. 1 PR VIDED: )504 N ET I 1 1 WATER EABEME T ' I ' I I.WATER EASEMENT DI n c , VICINITY MAP 10'WARP EASEMENT 10.WATER EASEUE.NT o W '+..,. ,.�. v VOL 2N6,PG 696 VOL.2016.P4 10'WARP fA5[MENi WARP EASEMENT `v ^rrn AOL 2016,PG.896 W.2016,PG. IACC S161025IENI8020 1 co. ��. g _ IN6l.Np.20161025WII45D _ �e TII 1- % �CRS. / Ou 9Troo F+MP g c \ 24 LIRE LANE,ACCESS AliP/ O ll 0 N __ I • / 2a FIRE LANE A I / ��Ws P © •Xt2NPµ .�S n EAPM229 I/ I:SE a EA.MFN NNN / NOLO EASEMENT / O A ACE EA ENT \ / xNLy� [.,.urrr ry] kV0Lu201fi / I, , PG.5 2 1 / VOL 2016 PG 229 / i„PG 5 2 I / j N s i*L s J / _-Ir L 1 L Q ew iw K FA NAtNN.Trares WON v o 0 5 ""`. \ J 1------IR5,1-------1 I- ----Y6,11- -----1 _ __ -- BAM VA.rt9A ,wk,°EXISTING SITE PLAN ASCALE:1- 20- Il, ®PROPOSED SITE PLAN AO.1 7 01/11/2022 Item 3. 04. NAiLiYAiL c0 B0ll —\ �`)� 2 EXISTING �P N q8 ■nfll III Q II II II II II II Ilf rrrrrrrrrrr Qs LI I IMIEYFF! , _ I NEW BRils i0 PROPOSED NEW _ u",;1 Ex TNG NI°au? `t OREAR ELEVATION € 1 • s�-a R s ovr � J 1 Z 0 I- a XQ 2 I _ iiiiiiIuIiuiiiiuiiuiuiiiui D 2x y r � � .... O, 0I1I11I1I+4 o w uw ,LL I— LL NN ,r _ , ,,,,., w PROPOSED NEW \ BUMP 1)17 RIGHT ELEVATION a Ct QBG 0 EXISTING / \ BUILDING PROp0U c iNRu- o.' ------------- ::::-=::F:-= OLEFT ELEVATION 3 _ ` " €J SHEET A2.0 EXTERIOR COP VP IC,0 MO J ELEVATIONS Xref.\21152-XSheet.dwa ■ Notification Map 01/11/2022 Item 3. ____________ Driveway 2813 M 3 RAPIN I 2811 I I_ 2815 ,�.�._._._._._.�.�. I 2807 '�-•� 1,111309 .'. 2807 • I `•`/ \ I • I 5 I I 1 WFM544 i WY IE EDC ADDITION LOT 1`BLOS K 1 j "Ii2814 ♦< ��- 2806 j j c ite 100 4y 810 2806 3008 1 ��r 810 ♦�►� ��1�♦ 2802 2802 j — ��:��`3 2 1 4 � yite 81000 j 11.4,46 i �� TA t u 2802 j s i ca > i ��i�i�i�i�i�i�i�i�i 1 •L a • I C TRA >- • � ,`�� Driveway ST RAG U 1 �� 1 JACOBS Z I ♦��♦ U U .• ��• 1 U 1 I C I 1 ♦ I % I I •� 4 I '� I . I •`' 5'♦• •••' •4.•%• .�REGENCY STEEL STEEL INDUSTRIAL K ADDITION - N CAMPUS BUSINESS PAEC KER COURT I 20 8-100 0 ',Iv' 8-300 ZC 2021 -24; Freddy's Lot 2R1 , Blk B. 2812 F4544 --n,. - , ' 1 200 Foot Notifcation Buffer 1 , Subject PropertyVI i g- IL-1- -I A.; jt4_T�l .� • CITY OF '` ,--4 r7 0 50 100 200 300 400 Feet WYL I ' ' K„I I I I I I I I I I I I � � 01/11/2022 Item 3. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 / l �`(� a �. cQ>r i�� Vi)kidtA2) I am EiffiZthe requested zoning as explained on the attached public notice for Zoning Case#2021-24. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2021-24. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,December 21,2021 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 11,2021 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: - (please print) (� Address: V\C. CC,ppIJ-&L P o. acis5 � I; �- 750?0 Signature: A&., 49tZ k/ //7 Date: COMMENTS: My Company Barbee Development Company owns the building at 2810 FM 544.This building has 2 tenants, Wylie Dentistry and Posh Nail Salon and they of course will benefit from having a replacement restaurant in the former Kicking Q BBQ space because this will increase exposure.So, I am all for back filling with another food service concept. HOWEVER, I don't see how a drive thru will work because of the left turn lane from the median in 544 into the project. Picture:The car turning left from the median,will be turning head on into the car who just received their food from the drive thru service window and that car will be moving forward straight for the car trying to enter the project.This will create huge traffic problems within the project and very likely, major traffic accidents on FM544. 115 01/11/2022 Item 4. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Hold a Public Hearing to consider, and act upon, a change of zoning from Light Industrial (LI) to Light Industrial - Special se Permit (LI-SUP), to allow for the installation of an updated communications tower, property located at 200 Regency Drive. (ZC 2021-25) Recommendation I otion to approve Item as presented. Discussion OWNER: Farmers Electric Cooperative APPLICANT: Raymond Electric Cooperative The applicant is requesting a Special Use Permit (SUP) for an existing Electric Substation Use on 2.946 located at 200 Regency Drive to install a 120' tall communications tower on the site. The site was originally constructed in 2000-2001, is zoned Light Industrial,and is currently legally non-conforming due to the lack of a SUP as required for an Electric Substation Use. The Zoning Ordinance requires an expansion of a non-conforming use, in this case the expansion is the proposed installation of a 120' tall communications tower,to become legally conforming,which approval of this SUP would accomplish. The proposal includes SUP conditions for the aforementioned upgrade to the communication tower, landscaping to be maintained at the current level, no required on-site parking, and the access drive will be improved to city standards. The current communications tower is approximately 60'tall(see exhibit).The proposed upgraded tower is 120'tall and will allow for enhanced power grid control and site security(see zoning exhibit). Staff discussed with the applicant the concreting of the drive near Springwell and Regency(see Exhibit) and the installation of screening along Springwell adjacent to the ongoing residential development. Additional screening from the residential development to the west across Springwell was declined by the applicant due to the costs involved, an existing drainage easement, and the 20-year old substation being in place before the residential development,which is still under construction. Concreting the access drive was ultimately included in the zoning exhibit and SUP Conditions at the request of the P&Z Commission. The surrounding properties the north,east,and south zoned Light Industrial. The properties to the west across Springwell are residential including a City park. Disapproval of the SUP allows the substation to continue operations under the current conditions.Additionally,the substation owners and operators can continue to repair or replace equipment as needed. A replat that combines the two lots the substation sits on was approved in November 2021. 116 01/11/2022 Item 4. Notifications/Responses: 17 notifications were mailed;with zero responses returned in favor or in opposition to the request. P&Z Commission Discussion After some discussion regarding improving the access drive and the landscaping around the area the Commission voted 6-0 to recommend approval with the condition that the access drive be improved in conjunction with the installation of the new communications tower. Financial Summary/Strategic Goals I'lanning Management. 117 Locator Map01/11/2022/tem4. I^ i 4 3114 3112 3110 3108 lAlp a3 3102 3100 3002 3000. ; 110- - ! • -' �- 1 ''� •+ ' . ` • NORiTiM•POINT DR . - 23 ,a 25 31 k," �> 3118e ( 112 - - ,- ��, 7 .�. q *. 3113 „31113109 -3107• 200 �1. Ill4e10 .. ` , J ...�F ". F e"' 3203 3201 e� \ ._ — — 114 - 117 'i -�/' '':�.. ith �►'e' ` �,'Aj2 cn Driveway ;� �*� r} R �. 3107 .9� _ �.. a;F •_ . ! ! R , pk, � O EA 116 � ♦4•'�',• , A\1C, . s EC .; MO Zc,r, S y 119 118 0,:la Sal au EDOr } OD (I) SOD f al �j MU - _gag 121 •, r _ K- MO EOM SOO Gml� 2905 2903' - 120 0 120 C. _ .�. - A 2805 - 2803 r I 7 ` 2807 R . 1 e. C e Z Auuy _,. - A 11 �- LO DOGE ��,- �—� .\ w '._> CAPITAL ST . !,I�,RP - �{r ��♦��, * z81�z z810' 2808 Iri G\v` i '; ��i�"l�w�i�i��i` 1 6 .__1a 2808 EON 1,0 1J p0000 6, 2808 2802 2800 a • ( �...•<4010, 0001 2808' [� ma 3201 �i OOF:i,�00000000 : , 4 2806, 2804 • i . .v. -CD, ' _ -a t 1 ,, so' . _ , 4 210 * I • r 211 (� .. ,�i� y, c* R� ;q �, 214 '"' 211 , 1 e 2805, 2803 U 2801 ime- JJ _2811�� 280; I. EEO N! mm. .. .. . . . ...... ROLL-ING'HILLS LN mho- orit • EXCHANGE aIF l '41k• eXiII 218 2808 SL0 N 8 .,'2802 2800 I i elf MI WO EXICUir • 2.8. - - ' f3 2810 , aoa ---- ,. T,HENSLEYLN _ '___ +�--� ' 02� )(2912)7029060402900 j__ �3 -- - 601 ♦; 1590 600 ex ff" , 605 30:3014 2'30083(3004 ,-28628646212858356',285250CCD e' '� 7 I �I�' i O• '. e e f.' 6Q7 e. 'vit, •'--i' 410� ' 606 ji m 3120 3118 I .c.,_ :4 �1i -A. O� 608 E j �,GRANDVIE�N,DR On>609 ♦ f 611 3015 ,6.9.3 _* -602e 602 II MD ME MO ml9 MU 8r93101 613 1 • 602 z..I 604 J 1 07 • `,60 6A,0 cm CalQ ma • 1J e s .+ L. 608 J 09 s .soe �J 9 608 (�le% - a 611 61•W .611 6100i 4 '. - I;: 610�°•— 613 I. :612y!�•( ( Z�(lap 1M CM �}y"`�I.:.: , 612 W 615 •'11 614 �D OIt3 OI'Kf' m O�rl 616 31 3118 M MO an e e 1 e 303¢03030302612422 614� ,617 • 616 eQ _ ` • CONCORD DF2 szo ; E sz°z 1 623 — - ct,.,... f81. 11 �t 625 MI CO MI eN Ia'vl (.•7cY7 ZC 2021 -25; Regency Business Park Subs t ddFtion in ; 200 Regency xyj<�Xj\ h...„, i L ` ,7� Subject Property IN4, � S:`, / . i • --W. ' Ai 0 125 250 500 750 1,000 Feet CITY O F �`�!i, 4 4 1--� i 1 i i 1 i i 1 i i 1 WY L I E �„ 11l 01/11/2022 Item 4. EXHIBIT B SPECIAL USE PERMIT ZONING PROVISIONS I. Statement of Purpose: The purpose of this Special Use Permit is to allow for the continued development and operation of an Electric Substation. II. General Regulations: A. All regulations of the Wylie Development Code (as of April 2021) shall apply, except as otherwise specified by this Ordinance. B. Site Plan: The site development shall be as reflected in the Zoning Exhibit (Exhibit C). Approval of this SUP shall constitute approval of a site plan. III. Specific Regulations: A. The site plan includes a proposed replacement of an existing communication tower with an updated 120' version which shall be allowed by right. B. The access drive on the northwest corner of the property, as generally depicted in the zoning exhibit, shall be improved with concrete, per City of Wylie design standards, from the street to the current fence line. This improvement shall be completed before or in conjunction with the construction of the new communications tower. C. Due to the nature of the existing substation use, Section 4.3.E of the Zoning Ordinance shall not apply. Required landscaping shall be generally as currently exists, being a minimum five feet non-irrigated greenspace buffer outside of perimeter site fencing totalling a minimum of 5% of the site. D. There shall not be any required parking as allowed by Section 5.G.1 of the Zoning Ordinance. 119 01/11/2022 Item 4. f I t I t I 3 I 9 I 3 I t I I NOTES: ® TO BE 127e TED TO ONE LOT DART(UNION PACIF E E 'HG FE xSilvGdl'N TIE _A_ C RAIL WA „ulti t,.I.0III THE PROPOSED t20-FOOT TALL q J .,N TOWER. -A- rFM 544 VI-,-,- ----- PROPOSED 6'REINF.�-------_--- , / N �9+f- N PROJECT : -- ' CONC.DRIVE PER 6 I �R CITY STD.(113 SY) m ,z Ce LOCATION STEEL i I, r MWGPq;E CAPITAL STREET ,- YYY z F s z W 1 �.JG B B. (W AMPT or-WAY) — F BpsRUN X av, m CAPITOL I - ° - 2Tts 3 r _ u PROPERTY LINE BUILDING LNE DHE 2— ,, I A.P N 89'14'24 E 33240' (BY PLAT t /ce � C EXCHANGE KINNEY 'Qr GRAPHIC SCALE IN FEET B 1.• " r - SCALE.t -30 _B_ WYL1E CtTY LtMIT x � <.::-' _...-c.....-....-.-.•.�» s .y�_•-. �_= ::r =-. -„ } 30 SACHSE CITY LIMIT I I :-q. 24 GATE 0 2 � I '. GR,SS _ ��y-f'• ° GRAVEL s®..3 1 I _ ° I © ® I I M4 .__► SITE DATA TABLE m , LEGEND EXISTING ZONING A-LIGHT INDUSTRML I , .7. y o RIGHT OF 87. P^ WAY LINE ° HIGH VOLTAGE 't �� ' LOT 1,BLOCK D F ,;, EXISTING USE I3 PROPOSED CONCRETE PAVING C ELECT.SUBSIAl10N _ Y e _:-- ea REQUIRED PROPOSED R ,{ 0 ° as^ 7 t.. - © Ri'iL�+r EXISTING GRAVEL SURFACING 128.465 SF LOT AREA N/A (2.95 AC) J o i © C} GRAVEL I J ® ® _ EXISTING CONCRETE PAVING FRONT SETBACK 25 FT 187 FT \ IV, • �- m l ^ °' 3= s Du DUE a. ,m1 .7:�`- i`I - DUE REAR SETBACK 25 FT 176 FT I Q e >a L 24'GATE - tY s �I C a ® EXISTING POWER TRANSFORMER SIDE SETBACK ,0 FT 40 FT Q V 3 �E I,®,10 O ❑ o �, I ADJ./STREET I 4 AG.3,. �_ _ 11e,' E V p I 0 EXISTING 138kV BUSWORK AND EQUIPMENT CO N n s PROPOSED 120'TALL 2 a BUILDING N/A N/A I COMMUNICATION TOWER .-- - 20.0-', I 0 EXISTING OPEN AIR DISTRIBUTION STRUCTURE CUBE FOOTPRINT Q 7 .. , REGENCY BUSINESS PARK �w W MAX.BUILDING I 280 L AUU1nON-PHASE TWO < �' ® EXISTING DISTRIBUTION METERING STRUCTURE 50% G.Bfi% 2q GgTE ' of CAB.G.SLIDE 92 - COVERAGE PROPERTY MAX.BUILDING ® LINE FARMERS ELECTRIC COOPERATIVE -s w �o • I 05 EXISTING 20'X 16' EQUIPMENT ENCLOSURE -D- HEIGHT 50 Fr I NORTHWEST WYLIE SWITCHYARD .H -D- I (2.95-ACRES) PROPERTY © EXISTING 7-FOOT CHAIN LINK PERIMETER 2 PnrzKwG N/A N/A I��I y 2 FENCE WITH 3-STRAND BARBED WIRE 200 REGENCY DRIVE - 0 3 RF S aij I 07 EXISTING OVERHEAD 138kV TRANSMISSION �I =_ = I LINE I w' o O OT 2,BLOCK D Q I g GR.SS I w,c, ® EXISTING 138kV SWITCH STRUCTURE 105' NGRADS F HIGH — • �� • I 09 EXISTING 12'X12'CO-SERV EQUIPMENT I GRAVEL 7 0 0 of <0 I ENCLOSURE I 7 7 ` ~ D I 10 EXISTING CO-SERV PIPELINE APPURTENANCE DUE ]RE DUE E Tr —U'i,... - ,T OBHEP Oa P OHiMP 2'E ' r,A- __°AHD E17LD DME+D�D +D 0 N, ,'III` T, G EXISTING ATMOS PIPELINE APPURTENANCE -E- I Y 5 I 11 EXISTING COMMUNICATION MAST 60' HIGH - -E- I `- •- VOL tzss, G.a7s ,vU0H. 'vti.:.OQ-+' } .em u- TO BE REMOVED -ve - 10 EN cU EASEMENT IXMIX[W ° o, 10P 1© EXISTING OVERHEAD DISTRIBUTION LINES 347 39 5 89' 2 2tl VOLTBT,ER EASEMENT I 1 65'TALL SHIELD POLE OL.]fi],PG.6a9 •I I I---at I 1--7 i E I 14 95'TRANSMISSION POLE 0 ,0/15/2021 RDE FAP RDE ISSUED FOR SUP ZONING APPLICATION Farmers Electric 1 JOB No. 2997-21 s N FAP NW WYLIE SUBSTATION 1 ,z/za/zoz, RDE FAP RDE UPDATED TO REFLECT SUP ZONING REGULATIONS „ CANTEDCODE Cooperative . 1 L0TTED 12/28/2021 Km,En RDE 200 REGENCY DR 618 Main Street f;q us UPDATE BY WYLIE,TX r delta Garland,TX 75040 L''Fss c0 c1-ELKE RDE SCALE: 1"=30' Ph.(9n7d)T 7 227 Ed x '4ED, DRAWING NO.: ISSUE: Fax(972)487-2270 www.rdefa.com _ AFPPOVED: REV DATE REV.BY P.M. ENG. REVISION/RELEASE E N G N E E R S TBPE No.F-1515 O'DEx mE TEx,s nwx . FILENAME: ��-� SITE PLAN FOR SUP ! I I I ? I d I �x3B,cx¢ACT I 3 t I I ■ Farmer's Electric Cooperative N.W.Wylie Substation,200 Regency Street 01/11/2022 Item 4. rh • tlt. Capital St Capital St Capital St *ma i /. I l ...;,:i , • 1‘ -I'lit''‘ '- 0 Il t \ : i t ,` .. - „ .,, A ...‘".. - 117....... ,� I I 41, A I i L 1 I Proposed 120' Straight Section }- _ }} ---- Tower t j. M r .. �.___w-r.-�.-ram_ - - �j � Scope of Work Farmer's Electric Cooperative(FEC)is seeking approval to replace the existing concrete pole located next to the substation control house with a 120'straight section tower. The upgrades will allow for better control of the electrical grid and enhanced security monitoring of the premises. If approved the new tower will be installed and the existing concrete pole used for communications will be removed at the conclusion of the project. 121 01/11/2022 Item 4. Sample picture of tower design from another substation r _ En, • .ILr. 7r 122 01/11/2022 Item 4. Current Tower i I`. -i- • ...,L, , i ,, ,! i ! 'Ii: V' — ' —- --:•:• • 11 T 0 1 ■ 01/11/2022 Item 4. R \ D 1 Current Access ....scili'IN \ t' k RE.: bli • ,7..,-.S•* ` , , 7. ' — --. . , _,...., %.- iht. . . . ,.i.r.„: _... , . ve �, • z.�r�r M � ._ - . 9 -- t -;ice. ft11 , sj im. 124 Notification Map 01/11/2022 Item 4. 204 3104 206 1 12EGENC iti guy BUSINES', m9 BARBER 3102 208 I L PARK 1 0 211 118 3100 210 Z J Ct 213 212 W Driveway 3107 121 I— 3109 (/) 215 214 20 217 .2901_•_•—•— Z4•_ �.�' 2905 • 20 �'N.` 216 3108 219j 123 N. 2 09 3110 N. 22 09 2807 3112 PLO cO G� 3103 j 01 `• 2 ME� 3105 / CAPITAL ST 1 3107 3109 I. ��1�� 0 I 2806 CC 3111 1 �� , �� 2814 t812 2810 2808 3113 j �jjjjjjjjjj�j��j� I 2808 �� (3 2808 1 Z 1 1 2806 Y ►��i t,, W REGENCY 1 230 ♦��4 )�♦ I 0- �j�j�j�j�j�j�j�j�j��j��j��►j�j�j�� BUSINESS j 1 J ��4►� P�� 1 ♦��wv3 ��♦ PARK 2 UI,iiiiiiiiii4,''��i�i a 1 211 I 211 214 211 / 0 809 2807 • 2813 2811 112 3110 3108 3106 3104 3102'% .` ROLLING HILLS LN •` .�y , 501 .• EXCHANGE ST �'— —•—•—•—•—•_•_•_• Dray'•' 3107 3105 3103 3101 218 218 2814 2808 2806 WOODBRIDGE 503 U 2812 2810 p- PHASE 22A 4, HENSLEY LN WOODBRIDGE HOMFS 601 A , IH1 590 N 603 605 311401$00016'°'0.16004002310 12292901906901902 29 0 2266284a8486M5828 311 3110 3108 3106 3104 3102 3100 �07 WOODBRIDGE 1/ TOWNHOMESri- GRANDv►ESN �R A-4, PH 3 605 60 s cn,u pin— 6110 , .4 ZC 2021 -25; Regency Business Park Substation Addition; 200 Regency 1�1 rt__, _ L� I y, 0 ; ( I 1 1 �� ( ` .:4 .� 200 Foot Notifcation Buffer �� Subject Property fr, ;E r - P , CITY O F ' t =� - �p y, 0 90 180 360 540 720 Feet WY L I ,- �,� . I I I I I I I I I I I I .'' 3•;`ll 125 01/11/2022 Item 5. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Hold a Public Hearing to consider,and act upon,a change of zoning from Planned Development(PD)to Planned Development - Multi-Family (PD-MF), to allow for an affordable age-restricted multi-family development, property generally located adjacent and southwest of 2300 FM 544. (ZC 2021-26) Recommendation I otion to approve Item as presented. Discussion OWNER: Episcopal Church of Dallas APPLICANT: Roers Development Based on City Council guidance during a July 2021 work session and a resolution recognizing Roer's intent to apply for affordable housing tax credits passed in September 2021,the applicant is requesting a Planned Development for an affordable age-restricted multi-family development on 15.88 acres located adjacent to 2300 FM 544(Wylie Medical Center). The site is currently zoned as PD 2012-03 which allows for a variety of uses including a medical center and hotels. The requested PD removes the subject property from PD 2012-03 and creates a new Planned Development that limits allowed uses to Age-Restricted Multi-Family and related accessory uses. The proposal includes a maximum of 200 units at a density of no more than 13 units per acre.This is down from approximately 205 units in the original work session proposal due to fire code restrictions. The units include studio, one bedroom, and two- bedroom apartments at 530, 710, and 1,000 square feet, respectively and are parked at 1.25 parking spaces per unit. The PD Conditions also allow a maximum building height of 55' which the Fire Department has reviewed and approved. The proposal includes amenities such as a walking trail, outdoor pool area, and a dog park as shown in the zoning exhibit. The surrounding properties are occupied by a medical center,hotels,and light industrial uses.The property is separated from Wylie High School to the west by a flood plain. To the north,across FM 544 is vacant Commercially zoned property owned by the City. The use is in line with the land use of the Comprehensive Plan. A replat and site plan will be required should zoning be approved. Notifications/Responses:Nine notifications were mailed; with no responses returned in favor or in opposition to the request. P&Z Commission Discussion After some discussion regarding the nature of Section 42 housing,the size of the apartments, and the limits imposed by age- restrictions,the Commission voted 6-0 to recommend approval. 126 01/11/2022 Item 5. Financial Summary/Strategic Goals I'lanning Management 127 Locator Map 01/11/2022 Item 5. _ t of I O- ti ma an • .4 1 lV ,. A. ,7. ...co ��,7 - v:«ra. .,,,,,yam 327CM S55 _ •.\ ••.,ors a.Q CM st t, e- tv " r:-- ad ° ail L-oopr, , r1 _ rl° azi zass� a w. .,,z .. J �Driv Y y ' 1 4f•. f,_ I. • ®®� ` o � /"+ �/ _ `2321 1�'' s �« - �zs00' • 2220 1p �� • �►IP/ 2210 H®OL-SPORTO t • `9t ® � .. .. , ,-., , _ ,_,,,,„_ , s3o MPLEX ®�O ®��0�� . _ y _ •j v J .P�. r 4111P'' .,„ . .. ...... .. 4. , i _ •. , .�y .1.d'��;�'�;'� -. aI. '�. , 640 . .,..„ t�. w Lit F I. 1 I f4: �'ail 1�C.- II .fl t� } 5 .Ya. .640-SC `� Driveway _ t„ 650 ICI `i y , - - rit:, ti :I • ' _rye:. ' •- `,!' :., rM. >r b ,/. - x 700 p�rive`N j►ir . . "' '", fr �' r 'i'y ',.wlr ,. .*1 e' ZC 2021 -26; Wylie Senior Living Apartment -„ 'JTL s liA IL'h s Subject Property IN ? 3.pry i 7G' ,� S` 1 f -� r1� I L�e _1 CITY OF F ! d - 7. 0 195 390 780 1,170 1,560 Feet VV/Y L I E — , � ,�`►' F- 1 1 1 1 1 1 1 1 1 1 1 I 128 01/11/2022 Item 5. Wylie Senior Living Apartments EXHIBIT "B" Conditions For Planned Development 2021-26 I. PURPOSE: The purpose of this Planned Development is to allow for an affordable age restricted senior living apartment development. II. GENERAL CONDITIONS: 1. These Planned Development Conditions shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 2. The design and development of the Wylie Senior Living Apartments shall take place in general accordance with the Zoning Exhibit (Exhibit C). The approval of a corresponding plat and site plan shall be required before the commencement of development. 3. The project will be developed under IRS Section 42 4% Low Income Housing Tax Credit Program and shall be subject to all applicable rules and regulations as they currently exist or may be amended. III. SPECIAL CONDITIONS: 1. Section 3.3.B of the City of Wylie Zoning Ordinance shall be amended as follows: Planned Development - Multi-Family A. Purpose - The purpose of this Planned Development is to allow for an affordable age-restricted senior living apartment development. Affordable Age- Restricted Multi-family housing requires a head of household to be 55-years old or older. B. Permitted Uses - Allowed uses shall be limited to age-restricted multi-family, and reasonable accessory uses. C. Development Standards: Following are the yard, lot and space requirements for the PD, including density, height, lot and unit size. 129 01/11/2022 Item 5. Minimum lot size 15 acres Minimum lot width Generally, per zoning exhibit or 1000' Minimum lot depth Generally, per zoning exhibit or 750' Minimum unit size (square feet) Studio-560, One Bedroom-710, Two Bedroom-1000 Maximum density 13 units per gross acres Building Separation 50' Front Setback 40' Side Setback 100' Rear Setback 400' Maximum height of main structure 55' D. Additional Provisions: Refer to additional requirements in Article 7, General Development Regulations. 2. Section 5.1.B.7 Parking Requirements are amended to allow 1.25 parking spaces per dwelling unit. 130 01/11/2022 Item 5. II 10'ONCOR ELEC.DEUVERY I I I I II .LLC EASEMENT CO am CULVERrs T FARM TO MARKET ROAD 544 - INSTRUMENT NO. sx5 20120725000899560 •''' :Box c.,LVEnTs O.P.R.C.C.T. c°xcRETE (VARIABLE WIDTH RIGHT-OF-WAY) "x"cur FoueDl "-H''''' L I "x"CUT FOUND GM} i� - e T .. m _�__ S 71'OS 01"E 1. 91 7.72' ° __ ——. , _• _ — REPDWALL 'N PP iYw-♦ w W W w - -W W � w� w----W----W--� , • '• �. _______ CONC -.—._.—.—.�.�:.PP .—." ♦ LOCATION ;.' l SU0.`IE \PPI I •♦ NO 20.. k NS y63 / �7-0-�_____ _______� \ � r� N we WATER M M`j��p�tj S�µvEti r L_� DRAINAGE EASEMENT \ 1 1 VOL.1344,PG.44J Ty` \ ♦ N W pes ICKIANNO.BA1 L3- -- �A, O.P.R.C.C.T. \ .' /' \ 20'SANITARY SEWER EASEMENT ♦ 50'SETBACK LINE'', N / 515 pNCS JO \1'' ) \A`\\ VOL.3255,PG.ATE `; LOT 2,5.434 ACRES 00 I / LEGEND N 01.38'00"W; �/�.\� % CORPORATION OF THE [a / n 177.31 \� �, `�( ¢ 1 c cK S 3 / PRDPDSIM a�snrvG v EPISCOPAL DIOCESE OF DALLAS 3 vll..nl<.11 l v l vinlflov, d 1 \ -- �e 21.3224 ACRES♦ INSTRUMENT NO. / 1CURB&GUTTER 928,805 SQ. FT. N 20150429000488760 3� N o IDS nunu: I/1._Iw2ual uuco37o I/ / �•F�v—w� \o ♦♦ Q o.P.R.c.c.T. /ro �w��» ! O.P.R.C.C.T. 1 PD I 1 �P�W i NO BUILDINGS �♦ ,�3 a u EASEMENT unpin.LINE �r 1 ♦� a.c°tm N"c�, O ro Q o wi I i j zefr FlKf wrvf I::N 48°37'S1"W; ai °pO ,� U . w_w—w— i .An•IN°�aM213.13' - eE 1 L/�� w,`, • 0 I3 w+Q I w- I%NTNeRwAT.ROrve , / n . 1 •• T SEWER E MENT / = LOpoP� �1 l�� K �I 15'DRAINAGE EASEMENT • r v I 51 VEp(l� w IpN �'� '• Fi v INSTRUMENT NO 1 / / i � FEM;'�i 'l��,� y �� 20121206001556630 ; /- / 1 � �. �� .0 '.. l=, OPR.C.0 , - / N 34214'15"E I � l®e- .A >/ ,� �" '� 3 �_/^ ) ♦ ". I � 184.47' �' - ..� �_ `a0N5 OU56jj r1 }` ' 'R`�gM2 (, s%'\ / ', p3Q ,�♦♦ M`aSSR N.SUft\I,g3 Y III ` \' �'`:O, • "N;/ •..-,.J /ll j - J (SANITARY SEWER EASEMENT lS SITE 1 § ♦` GUI NC'NO' 1 I a ♦♦1 ` 1 +"NI 1% I / ' `I 20150505000521050 I INSTRUMENT NO. ♦ / / `PBgRA III R- .��.. 41, m� E 0 �..-v . . ti <21I e/' o.v.R.cc.T. LOT I,BLOCKA VICINITY MAP I / / ILA QUINTA ADDITION NOT TO SCALE �� - 0 I / ' MSVMENT NO.20171207010005680 __ • I'1 J®L I //l I I \ ` \�. l .I /p/ a I O.P.R.GQi. ♦ LOTIBLOCKA ^, . ♦L::I / / PD ` WYLIE HIGH SCHOOL I / ��\• 4� .; lip ZONE "X" l// I" ♦ CAB.Q,SLIDE 551 I {�\ e\ /s/ N I N O.P.RA.0 I I. 1`� y :'i a `I /It ::, I CONSULTANT CONTACT LIST: AG/30 i o� AO .• • .. 4, 1 /„l , I ♦ I I' �'`nAt„ ♦�'�I1 /� 1 / / CO DEVEIOP:R/OWNER CIVIL ENGINEER 1 1 6'A \` '�` l'•, , , I l ^ / ROLRS COMPANIES SAMBATEK tD I f'P r� 'M II ) _ 1 1 1 i� '''`F\ '' 10 ` o1Ka :,-,•/ ^ 1 110 C•IESLIRE LANE SUITE 120 13355 NOEL RD,SUITE 1100 ,1 III p o\�F °„off �\\# ,11.�� •,'® r x : '1 /y I M IN ETONKA.MN 55305 DALLAS,TX 75240 1 1 ^y :Q •,:404'µ'do �i• �,, �z . 1 2 MOPo FB• YagyV \ ♦ /✓ / '~H ^ L1$ 763.RS RROR TEI.972-5733230 1 1 Zo,n o `:.� 10� V II J ! 1/l LOCAN.SCHMIDT@ROERSCOMPANIES.COM ESWARTZ@SAMBATEK.COM ♦ I NO G G w'°MAH • �A)PAP / J g CONTACT:LOGAN SCHMIDT CONTACT:ERIC SWARTZ,P.E I\o ��1AI©1 / Oj S i L20. i .. y ,��1 /^l .._E. BK\'C;ROUP SURVEYOR ♦ 1 e "'; 15'SANITARY SEWER EASEMENT `\ � �:•� 4 0. 1 // - L21'w TRAVERSE LAND SURVEYING LLC ` I I 20 INSTRUMENT2120600156620 �1 1 �.`'`�. y ,I / / N AODLPI,US TOWER,1412 MAIN STREET, 14200 MIDWAY ROAD,SUITE 130 ♦ \ ,�� `Q 1 / J SUITL 700,DALAS,TEXAS 75202 DALLAS,TX 75244 1 '•+qy, ;� ��: p/ 469-105-1133 X 1 a 1 A.•ii TEL469-784-9321 ♦ 1 1 I i/, SANITARY SEWER EASEMENT CONK,V.I.1<1 N NAICAGAKICOM 1II \ �\�a +\� )// N. SURVEYIING.COMVERSEIAND / INSTRUMENT N0. ` 1 1 ----;&Av l l 20150505000521050 CONTACT:MARK NACE ♦♦ 1 e Q ePROPOSED / / .' O.P.R.C.C.T. 1 1 L47 (LOT 1,15.888 ACRESI oETExrIDn \\ N. II a� �46 � 4 ,, ♦ 1 1 _DEVELOPMENT SCEDULE 1 I1 In LC OVERALL AREA 928,805 SF •�.` Il$`\ APPROXIMATE LOCATION.' J CA \ OB 1100-YEAR FLOODPLAIN LOT �� W /tl' AREA 158 ACRES) 692,0855F A ��\ ` \ COVERAGE(59,000/692,085) 8.5% / zoNE"AE" 25`�� / -- ZONING ♦ ` d- -_-, 2E. EXISTING PD) ORDINANCE �♦ '� d ( L N2012-03 ♦�, I�` � ,� , .""\ r PROPOSED PD ♦`,`r /II \\�\ ♦♦ A. PN BUILDING ♦♦LLLXXX ` $ 1 M �29 -'LZ LOT 2,BLOCK BUILDING FOOTPRINT SOAURE FOOTAGE 59,000 SF m (`D\ BUILDING HEIGHT SO FT ci \�♦♦ �¢3 �' /BAYCOADDITE TOTAL UNITS 200 UNITS ♦�� L42 `-, aJ LEGAL DESCRIPTION \\a��... ‘ `5 / 1 UNItt �� / EFFICIENCY 560 SF Beinga 21.3224 acre tract of land situated in the D.Strickland Survey, 5 y LOT I BLOCK \,, (N.._ `� 1BR-A ]10 SF Abstract No.841,M.Millirons Survey,Abstract No.663,and the I. ' ' / �� p � 1aR-B 800 SF 3^ Clifton Survey, No.193,City of Wylie,Collin County, WYLIE HIGH SCHOOL `'� �"J O� N 28R 1,050 SF Y Y Y o CAB.QSLmTssL ��`: �S L3�<-55 NOw�being all of that 21.353 acre tract of land conveyed to Corporation of o.P.R.c.c.r. �'� � ef L ,,a, the Episcopal Diocese of Dallas and recorded in Instrument No. AG/30 � � S. L40 60 120 PARKING ........ �� ® REQUIRE PARKING(200 UNITS•1.25 STALLS/UNIT) 250 E� 20150429000488760 of the Official Public Records,Collin County,Texas i°�`� ..I TOTAL PARKING STALLS 250 `-. NO DATE BY CEO APPR COMMENT ' PRFIINIINIARV l DRAWN TA" ZONING,,N.,II..RPM,F19014 ZONING SITE PLAN SHEET Uo DESIGNED AONIENDBr �mbatek RSENIOR APARTMENTS INVESTMENTS SP-1 ,, ambahek WYLIE SENIOR APARTMENTS g` www.sambatek.com PRELIMINARY EEngine,. 1 PROJECT NO. $3 P.I.No. vDcos Da.ruvnav 50107 Engineering 1 Smeyilg I Planning 1 Environmental WYLIE,TEXAS ■ 01/11/2022 Item 5. LANDSCAPE PLAN - OVERALL it ,:A fir' T' a Pit - = G,' y r 101.H.114„ 4 , i Q) OP' N . - 41 (. , frr ,--„ ,..... . r,7, V , if I i i lir ffr 4;. 0 I 6 _ lb ; , Y •j` ige 1 •♦ ice Pf • ♦ ddi, _ I ��-,. 4 • • ii'. i 14101 IF I 2 ' •-• ,1010' ..P.;i:Iiii' •••• , - - .° .). ' .10.414 0 Pool Courtyard "it! ti it % '•"litib., 11)4 ,© Tranquil Courtyard • . ! ' .,r��''• • I . • ? © :i: eEr : © ' tO • , • r© Dog Park �a• --P 4 • iif it',. I i b • ,•. •• f .yam, ��1 0 Entry Signage •� _a --64• : . ` y• 0 Wildflower Meadow - f� �!► % SENIOR LIVING-ROERS 25� 50� ,00(I) a i October 15,2021 3 B K V WYLIE,TEXAS o• GROUP N ■ 01/11/2022 Item 5. COURTYARD 1 / POOL DECK ENLARGEMENT DESIGN OBJECTIVES INSPIRATION IMAGERY • SEAMLESS INDOOR OUTDOOR '!" i1 • SOPHISTICATED YET CASUAL rir I!" 4-- . 4 .-4. • WOW VIEWS! 1. Q , OUTDOOR ROOMS n • FLEXIBILITY&CHOICE ill;; 471 I4 1- � .. V :- - 'i L K� ;4 4.', i 1G :C t ,, - 1- ^:* 1 Ids' ,. ''. , tl', 5ffli + : - 't \- ‘- ail , .. ,N \ ., - r AMENITY PROGRAM tom' I At ' V <1$ Q POOL Hi Q CABANAS n Q FEATURE PLANTING .� . 6 Q COLLABORATION ZONE F * J � ~ ' IP • 0 • tr � , Q OUTDOOR KITCHEN/SHADE L.�;,i, • �,_ .,.-,,,,'•= - ?- �. _ �i 0 FIRE LOUNGE ` '�`n!' ��i� Q FLEX DECK/GROUP FITNESS i-- `f <' s Q CONNECTING WALK U I I 1` ' SENIOR LIVING-ROERS October 15,2021 4 g K V WYLIE,TEXAS G R OUP 133 01/11/2022 Item 5. LANDSCAPE REFERENCE IMAGERY i "•.. N - - sr i ,, . li �ty ` x !l III �_ . •�, - wr 1. , _ , . .i, , . t .. . , i , . , A.-t-h. , . , 1 . -4 or- ::iitem,----1,- - i&ii , 1 :0141C4tr-'4' A11111.114 ��,. ,,.: ,........ ...,,:r..,, N I..., _..___._- lip ir . y 0 LIFTED EDGE POOL/ACCESSIBILITY 0 SHADE STRUCTURE DEFINE OUTDOOR ROOMS • Ili Ili"; _ :. '� Y • ■ y�j,_ i • • • • ,,,it . / —; T 11\�\` • may, / `.�--i _ ` ' P ' de it. IR ,I_14tlbbi..igidilliwiiiiiiii ‘_NIRR. ...:....:i.:4g ,* . 0..ACCENT..MOVEABLE..FURNITURE..T.O..BRIGHTEN..AND..EXCITE 0..WOOD..DECK.EDGE..FOR..DINING,..LO.UNGE,.SEATING,..GATHERING SENIOR LIVING-ROERS October 15,2021 5 B K V WYLIE,TEXAS GROUP ■ 01/11/2022 Item 5. LANDSCAPE REFERENCE IMAGERY 3 r s • •fi . I > Jr . ` I is , a..1- ` ` r iY X ow e+1 "' .w 1 5 _ li 3 0 FLEXIBLE POOL DECK 0 DURABLE/CONTEMPORARY LOUNGE CHAIRS • :}v � � '�^ � r'. a', . r r .{•Y _ -:— wy ! — . - z5-1•�' s+► er. -i •cy r', .:+'k:•-•.' ' 0 INDOOR OUTDOOR CONNECTIONS PHYSICAL AND VISUAL 0..OUTDOOR.COLLABORATION.ZONE SENIOR LIVING-ROERS October 15,2021 B K V WYLIE,TEXAS GROUP ■ 01/11/2022 Item 5. COURTYARD 2 / TRANQUIL SPACE COURTYARD ENLARGEMENT ! I. y. ,49T`1��tt Q ELEVATED BOARDWALK \1 Q BIOSWALE/RAINGARDEN ti ! �; '' -. MI• j 1 E '�, • 1 , + - _...,! �� \ -LP 1114P: :k - p r• r fi r' Vf' ' )© OUTDOOR COLLABORATION _ .�,� V. --{' 6 ti,' 3 0 DECK, SHADED SEATING DECK A. = c �- • i ' f" ' Q BIKE PARKING �, I '-' may 1. !.w- Q SPECIMEN TREE f a Q LUSH NATIVE PLANTINGNI-lip 8/ 0 QUIET SMALL GATHERING SPACE • - ( 1 _ ,iit�3 ,'r • .& ` �. — t '. _ .. .I-• • .r `: .0 ( • --I # •✓T' ..•.• lig • • q ' A i i.4� :Y ('.0 --- , _ - — - ,,•.w .1SfjS'- .2'0 Amy. ,. '► •r. 1: 7, 3: t,;_l r ,S .. .. i 4' -• I /. / ,,,- '°$1* Alillikk .... . SENIOR LIVING-ROERS October 15,2021 2 B K V WYLIE,TEXAS GROUP ■ 01/11/2022 Item 5. B KV GROUP A*. van.Dew t.mu .ranm. E.q.w.p .12 Man Sm. Mot..Tows -roo STANDING SEAM METAL ROOF METAL STUCCO BRICK METAL RAILINGS STANDING SEAM METAL ROOF STUCCO BRICK Oda.T[ zza•u° PWW -- ..O00 --- .nO.m zsw 9n 89112111 an ann..corr CI CI iiWILEIlB —0 � ■ ■ ■ ■ ■ ■ _ .L 31L5t 1 I ilErijarlij LU C r wELa co........uwn `p = _ ■ ■ ■ ■ ■ ■ ■ =1 ` — mo -I LF� _L1 147 in n 5, nI I Iry - d : - -- in - ■ ■ --o - -- I I - 1 I F - i 1 -I •moo SL.o VINYL WINDOWS STONE EAST EXTERIOR ELEVATION VINYL WINDOWS STONE WEST EXTERIOR ELEVATION MMARY GCE -20 MMARY -zo WYLIE SENIOR MATERIAL SUMASONRY 30% MASONRY 30% APARTMENTS STUCCO 70% STUCCO 70% TOTAL 100% TOTAL 'op, STANDING SFAM METAL ROOr STUCCO BRICK 1 i l- I _ • ■■ ■ ■ am D ■■ ■■ � � 1 I Ll■. ■mu ■ ■ uu IZIN ■■•: •' h a -o_'IL an • ■■■■ -- ■■■ ■Irk ® mil `ioo as ALUMINUM STOREFRONT VINYL WINDOWS STONE SOUTH EXTERIOR ELEVATIONMETAL RAILINGS STANDING SEAM METAL ROOF BRICKMATER.SUMMARY MASONRY 30% STUCCO 70% TOTAL 100% -a• stucco 6 1B• - - n870- ■■ CI ® -D❑ �-� Q-� 1 OPT IN L im 4XIL ILI W arrEnrnirri r■- in I r■ET m C ,fi rTrmi1 . . — ETz•LE o NORTH EXTERIOR ELEVATION VINYL WINDOWS ALUMINUM STOREFRONT STONE zrslF,=zo SUMMARYMASONRY 30% STUCCO 70% EXTERIOR TOTAL 100% ELEVATIONS A200 137 Notification Map 01/11/2022 Item 5. -as r — .10 �q LAS AREA RAPID TRANS t Meadow Trail boo � Mud� CrP� I T p Ali. � •♦. 35 • ♦•♦•♦ , ��. i��i�i.. FM 544 �'... s. i ►�i�i�i��i�i�i�i�i�i��i�i�i�i�i�i�i�i�i�i�i�� i � ' : . / I ii♦i�i♦i�i�i♦i�i♦i�i♦i�i�i�i� i`'�`.6 IP'• / i i�i'ice. 0I • ' i ►i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�� ./* i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i./// i i ��..." • ��I 630 AO �� 1 I � I %. ♦��4 • 640 f)riv-.wav I '�• ' ♦•_•`.` .e _ 650 •♦._.—•. N A D 7oo . .,—„ - r ZC 2021 -26; Wylie Senior Living Apartments ,__��, — I. `' ` lfi .� i_._._. 1200 Foot Notifcation Buffer �� , Subject Property :s l_:s-1 r • 4 j CITY OF 0• F Cti - N 0 155 310 620 930 1,240 Feet l � y WYLI - ,• . �zt 0 01/11/2022 Item 6. IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: City Secretary Account Code: Prepared By: City Secretary Subject Consider, and act upon, Resolution No. 2022-01(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two-year term beginning January 1, 2022. Recommendation I otion to approve Resolution No. 2022-01(R) casting a vote for as a candidate to the Board of Directors of he Dallas Central Appraisal District for a two-year term beginning January 1, 2022. Discussion The City of Wylie has one vote that they may cast for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two-year term beginning January 1,2022. The Dallas Central Appraisal District has a five-member Board of Directors and in the case of the representative from suburban cities,the nominations were compiled into a ballot which was sent to each suburban city in November and one vote could be cast by each city for the nominee of their choice. The votes required for appointment of the Board of Directors as prescribed by the Texas Property Code,in Subsections d and e,shall be by a majority of those authorized to vote in Subsections d and e, respectively, and not by a majority of the quorum. There was not one candidate that received 16 votes (majority of the 30 eligible votes);therefore, a runoff election is necessary. The two candidates are Michael Hurtt and Brett Franks. Council is asked to adopt a resolution casting its vote for a candidate for the Board of Directors of the Dallas Central Appraisal District. Financial Summary/Strategic Goals ommunity Focused Government 139 01/11/2022 Item 6. RESOLUTION NO. 2022-01(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors(in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one(1)member of the Board. 2. The Dallas Independent School District shall appoint one(1)member to the Board. 3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns,except for the City of Dallas,shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one(1)vote,the fourth member of the Board of Directors. 5. Each of the school districts, and the Dallas County Community College District, except the Dallas Independent School District,shall have the right to nominate by an official resolution one(1)candidate as the fifth member of the Board of Directors. The said school districts shall, from the nominations received, elect by a majority vote, with each school district and the community college district being entitled to one (1)vote,the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum; and WHEREAS, the City of Wylie, Texas does hereby cast its vote by marking the ballot below (check one only): ❑ Michael Hurtt ❑ Brett Franks NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Wylie does hereby confirm its one(1)vote for the election of as the suburban cities' representative to the Board of Directors of the Dallas Central Appraisal. DULY PASSED AND APPROVED,by the City Council of the City of Wylie,Texas on this 11th day of January 2022. Matthew Porter,Mayor ATTEST: Stephanie Storm,City Secretary Resolution No.2022-01(R)Dallas Central Appraisal District Election of Board of Directors Page 1 of 1 140 01/11/2022 Item 6,.a. 7,-,-_-----, ,, , ,..' . 17.., ) ---,..) ,.. _, ,,. „ _ems Dallas Central Appraisal District RUNOFF ELECTION NOTICE DATE: December 22,2021 TO: Mayors of Dallas County Suburban Cities FROM: W. Kenneth Nolan,Executive Director/Chief Appraiser RE: Results of 2021 Election of Suburban Cities Representative to DCAD Board of Directors State law requires the Chief Appraiser to conduct an election of representatives to the Board of Directors in odd numbered years. The process outlined in the Texas Property Tax Code requires the election to be conducted and the individual entities notified of the results once the process is complete. 1.Suburban Cities Election The election process requires a runoff. The following suburban cities participated in the election. Each of their selections is noted below. The current tally indicates Michael Hurtt of Desoto received 13, Brett Franks of Sachse received 4, Shante L. Allen of Glenn Heights received 3, Diane Cartwright of Irving received 1, and Steve Nichols of Hutchins received 1 of the 22 votes cast. Since there was no one candidate receiving 16 votes (majority of the 30 votes eligible), a runoff election is necessary between the top two finishers: Michael Hurtt of Desoto and Brett Franks of Sachse. City Candidate Selected 1. Addison Michael Hurtt 2. Balch Springs Michael Hurtt 3. Carrollton Michael Hurtt 4. Cedar Hill Michael Hurtt 5. Cockrell Hill No Vote 6. Combine No Vote 7. Coppell No Vote 8. DeSoto Shante L. Allen 9. Duncanville Michael Hurtt 10. Farmers Branch Michael Hurtt 11. Ferris No Vote 12. Garland No Vote 13. Glenn Heights Shante L. Allen 14. Grand Prairie No Vote Office of Executive Director/Chief Appraiser 2949 N. Stemmons Freeway• Dallas,Texas 75247-6195•(214)631-0520 Web Site:www.dallascad.org 141 01/11/2022 Item 6. 15. Grapevine No Vote 16. Highland Park Michael Hunt 17. Hutchins Steve Nichols 18. Irving Diane Cartwright 19. Lancaster Shante L.Allen 20. Lewisville No Vote 21. Mesquite Michael Hum 22. Ovilla Michael Hunt 23. Richardson Michael Hurtt 24. Rowlett Brett Franks 25. Sachse Brett Franks 26. Seagoville Michael Hurtt 27. Sunnyvale Michael Hurtt 28. University Park Michael Hurtt 29. Wilmer Brett Franks 30. Wylie Brett Franks A runoff ballot and procedures are attached. Please make plans on your council agenda during January to vote for a Suburban Cities Representative. One of the two candidates must receive 16 votes to be elected. We would appreciate your cooperation in this important process. Attachment Runoff Ballot cc: DCAD Board of Directors Mr. Michael Hurtt 217 South Hampton Rd Desoto,TX 75115 Mr. Brett Franks 4811 West Creek Ln. Sachse,TX 75048-4301 Ms. Shante L.Allen 1602 Wavecrest Dr. Desoto,TX 75115 Ms. Diane Cartwright 7520 North MacArthur Blvd., Suite 100 Irving,TX 75063 Mr. Steve Nichols 321 N. Main Street P.O. Box 500 Hutchins,TX 75141 City Manager- Suburban Cities City Secretary- Suburban Cities Suburban Cities Tax Assessor/Collectors 142 01/11/2022 Item WS1IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Parks and Recreation Account Code: Prepared By: Robert Diaz Subject Discuss and review proposed facility improvements for the Wylie Senior Recreation Center. Recommendation I /A Discussion The City Council approved the use of$750,000 of the General Fund Balance in the fall of 2021 for facility improvements to the Wylie Senior Recreation Center. Based on the facility feasibility study performed by BRW Architects in 2018 and with the current needs of the facility based on staff input,a list of potential improvements has been compiled. Staff is seeking City Council direction on finalizing the list of improvements so a design agreement with BRW Architects can be completed. The list of improvements is prioritized from the highest needed items to the least needed. All of the costs presented as part of the projections are for planning purposes only, final costs will be determined once a final design is completed and the project is prepared for bidding. Financial Summary/Strategic Goals here is not a Financial Summary included in this report. trategic Goals:Health, Safety and Well-Being; Community Focused Government; Culture, Planning Management. 143 01/11/2022 Item WS1. Rough Order of Magnitude Cost Projection Wylie Senior Recreation Center Renovation Total Project Cost(including Total soft costs 1 Highest Priority Scope @ 35%) Restroom Renovations $50,361 Office renovation(displaced by restrooms) $13,921 Cosmetic Exterior Upgrades $29,260 Wall to separate fitness room $60,727 Flooring in Lobby and Fitness $35,170 Replace balance of VCT with new LVT(Multi-purpose room,etc). $19,504 Misc.Paint and spruce up $20,378 Porte-Cochere and associated site work* $71,375 Direct cost subtotal I $300,695 Design Contingency(@ 10%) $30,069 Construction Cost Escalation(@ 10%) $33,076 Total-Highest Priority Items(rough order of magnitude cost) L $363,841 I $127,3441 Total project for addition only(not feasible,requires some interior renovation): $491,185 *Construction of a Porte-Cochere may possibly trigger a requirement to add a fire sprinkler system,see below 2 HVAC&Sprinkler System(&Ceilings) HVAC Replacement $40,000 Add Fire Sprinkler System&associated site,etc.scope $46,034 Ceilings replacement(req'd by sprinkler) $31,400 Lighting replacement(best value to $28,545 accomplish with other ceiling work) Direct cost subtotal GC Markup&Overhead $27,736 Design Contingency(@ 10%) $17,372 Construction Cost Escalation(@ 10%) $19,109 Total-HVAC&Sprinkler $210,1951 $73,5681 Sum of above items $574,036 $774,949 3 Exterior Work Covered Patio&Storage $91,813 Garden Area $10,400 Fencing $5,000 Direct cost subtotal $107,213 GC Markup&Overhead $20,370 Design Contingency(@ 10%) $12,758 Construction Cost Escalation(@ 10%) $14,034 Total-Exterior Upgrades $154,3751 $54,031 I Sum of above items $728,411 $983,355 4 Dumpster Enclosure Dumpster Enclosure JIM $15,000 Associated Site Paving $163,500 Direct cost subtotal 1 $178,5001 GC Markup&Overhead $33,915 Design Contingency(@ 10%) $21,242 Construction Cost Escalation(@ 10%) $23,366 Total-Dumpster&Site $257,022 $89,958 Sum of above items $985,433 $1,330,335 5 Windows&Doors Cut in new Windows&Doors $10,200 Canopy for voting entry $1,600 Direct cost subtotal $1 1,800I GC Markup&Overhead $2,242 Design Contingency(@ 10%) $1,404 Construction Cost Escalation(@ 10%) $1,545 Total-Windows&Doors $16,991 $5,947 Sum of above items $1,002,424 $1,353,273 December 14,2021 BRW Architects,Inc. 144 01/11/2022 Item WS2IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Fire Account Code: Prepared By: Brandon Blythe Subject Discuss the purchase of Fire Department Apparatus Replacements. Recommendation ID iscussion. Discussion he Fire Department is seeking additional funding of$636,600 to acquire a new utility truck as part of a three-truck package .roposal. In the process of the Fire Department purchasing two Quints using a fund balance of $2,400,000, the vendor .iscussed the opportunity for savings if multiple apparatus is purchased. The Fire Department is looking to replace a 2005 tility truck and the manufacturer offered approximately$117,000 in savings if all three were bought together. Financial Summary/Strategic Goals I /A 145 01/11/2022 Item WS2. IA I I, CITY OF WYLIE Ir Wylie Fire Rescue EST.1909 ; wHeavy Equipment Replacement Update January 2022 146 01/11/2022 Item WS2. Presentation Topics "; t oY1Ss • Heavy Duty Apparatus Inventory • Utility 143 Detail (Update) • Utility 143 Replacement Request • 3 Truck Opportunity Offered by Truck Dealer • Discounts Offered • Looking Forward • Heavy Duty Truck Replacement Plan As part of the replacement of 2 Quints funded by City Council in October 2021 for the FY 21 -22 budget year, the City of Wylie has an opportunity to replace its Air and Light truck and receive additional discounts. The purpose of this presentation is to inform the council about the details of that opportunity. Staff has been working hard to finalize this deal with Daco Fire Equipment, our apparatus dealer. 147 01/11/2022 Item WS2. vv Current Heavy Truck Inventory (2 tons or greater) 0 :4 LOSS WFR Currently operates 5 Quints and 1 Light / Air Truck 2005 GMC C6500 Utility Body Air & Light Truck - Utility 143 2006 Spartan Rosenbauer 65' Quint 1750 GPM - Equipped Reserve 2007 Spartan Rosenbauer 75' Quint 1750 GPM - Reserve 2013 Rosenbauer 68' Quint 1750 GPM Pump - Quint 141 — Replacement Funded 2013 Rosenbauer 68' Quint 1750 GPM Pump - Quint 143 —> Replacement Funded 2019 Rosenbauer 109' Quint 1750 GPM Pump - Quint 142 *2021 Rosenbauer 68' Quint 1750 GPM Pump - Quint 144 (On Order - April Delivery) 148 01/11/2022 Item WS2. Utility 143 - Air & Light Truck - Special Services w o > Ss 2005 Chevrolet C5500 Chassis with Mickey Roll-up Door Body - "Utility 143" Body was constructed in 1998 Truck was assembled by Wylie Firefighters in 2004 , .• �U e 10111§1. The apparatus serves in a dual-duty role. The primary .„ um" 143 a _ :t role is that it is an air and light truck that responds to all — structure fires. It provides a generator, scene lighting, and firefighter breathing apparatus refill capabilities in this role. It also serves as a rescue/utility truck on rescues, extrications, and hazardous materials calls. The current apparatus also tows the hazardous materials trailer when necessary. Because of its many roles, the truck is completely stocked, and there is no room for additional equipment. 149 01/11/2022 Item WS2. Utility 143 - Photos (December 1st 2021 ) 0wi ,r # � L PSS , ,, , _ ...t, . . . Mk III wart 1 J , , V ‘' C-1..j 1,..„.4tt„.„....; i• (il I of 1 11414"pm-r 1 rcAllil I e I... -.--11 INIIIMEML A .71r.4 A A Self Contained On-Board Air Supply Water & Smoke Hazardous Material- Breathing Apparatus Storage & Removal Equipment, Absorbent Cleanup & Bottle Fill Station & Squeegees Generator, Power Leakstop Equipment Air Supply Tools, & Heater 150 01/11/20 Item WS2. Utility 143 - Photos (December 1st 2021 ) 0 � i t ,22 > ss __ F �__ _. , --- — «� 'lik IIIri:' • ' _/ . --�' - i ' I . r r-i \ =r" El Q n - 1 tiii., ,_.,»_.4 - , . w , -4,)tii 4 \ il \ I rt i i _ iiidi i NME Ma I Lt Al MOM Cones, Cooler, Air Rescue Cribbing, Self Contained Hazmat Supplies for Distribution Cart, Tarps, Plastic, Nails, Breathing Apparatus Spills & Leaks, Generator Panel, Hammers, Saws Air Compressor Spare Fuel for Chargers Incidents 151 01/11/2022 Item WS2. Utility 143 - 2005 Light & Air Truck � �� o Ss • Utility 143 is a 17 year-old truck with a 24 year-old body. • This truck was not built specifically for the fire service but services a very large area. o Plano is the next closest department with a mobile air/light truck. • In 2004 when it was built, the fire department had limited funds to construct. • The fire department was able to locate a six year-old Mickey service body that came off of an Interstate Battery truck. • We then located a new GMC chassis and had Mickey Body Company refurbish the body and mount the body to the new chassis. • In 2008 we had a generator installed that could meet our mobile power needs. • The apparatus was configured and completed by fire department personnel. • Over the years, we have made multiple repairs and modifications to fit our deployment needs. 152 01/11/2022 Item WS2. Utility Truck Request for Replacement � �� t o > Ss Replace Utility Air & Light Truck • There is not a current plan for replacement - purchase has been deferred two times in favor of other projects (ex. Fire Station #4 & Personnel for Fire Station #4) • Apparatus Needs Replacement - Multiple systems are failing regularly o Air Compressor is 6 years-old o Breathing air bottle fill station and all associated hoses/pipes are 16 years old o Repairs to air systems are becoming more difficult to acquire - end of life o PTO Generator on Truck is 12 years old o Body compartments are starting to fail - Welds are breaking, and metal stress is noted o No Room for any additional Necessary Equipment o Operator/Vehicle safety systems are non-existent (crash protection, rollover protection, airbags) 153 01/11/2022 Item WS2. Utility Proposal - "The Rolling Toolbox" � � � ,r # ce to >cv,ss 710 i I r� p. -:.7 _ ,j� r r v (�� '�� . ., �. gg_gyp H T IS ,�,�o - i Rosenbauer Chassis p - :,� - I 4 • Breathing Apparatus Refill Station '- ©�� "` • Air Compressor =r�rwr rw�r�� rrur srrr r v.. y • i M • Air Storage w Lr} • On Scene Light Tower X „2 ,' • On-Board 20KW Generator q " � -4 4 " • Plenty of Storage - Expand Services �"°' • Crash protection - - _ -.FL-17�•� • 20 Year Unit 11111®^11111 �s .p, L. • JT ^_ r ' .n b tt .� 154 01/11/2022 Item WS2. Purchasing Opportunity - Discount Package w Working with vendor the Fire Department has worked out a discount package to acquire 2 Quints and an Light / Air truck Unit #1 - Replace Unit 301 - 2013 Rosenbauer = $1 , 173,715. Unit #2 - Replace Unit 302 - 2013 Rosenbauer = $1 , 173,715. Unit #3 - Replace Unit 112 - 2005 C6500 Utility = $806,998. Total Discounts offered by manufacturer/dealer = $117,828. Total Cost to City for project = $3, 154,428. Currently Funded Budget = $2,400,000. Additional Funds Needed to Take Advantage of Opportunity = $636,600. 155 01/11/2022 Item WS2. Discounts � �� t o > Ss Discounts being offered for 3 Unit Purchase: • Dealer Loyalty Discount = $60,000 • Manufacturer Discount = $15, 162 • 3 Unit Package Prepayment Chassis Delivery Discount = $34,780 • 2 Unit Package Prepayment Aerial Delivery Discount = $7,886 Total Discounts Offered = $117,828 Other Future Opportunities to offset costs: $60,000 in trade/auction value of the 2006 & 2007 Quints (Estimated) 156 01/11/2022 Item WS2. `Vv Part 2 - Fleet Replacement Program -� W L <so Ss Reliable vehicles and equipment in appropriate working order are essential to providing public services to the communities served in a professional and timely manner. A fleet replacement program provides a vital framework for evaluating which units should be replaced and when. We face many challenges, including still-shrinking revenues, budget cuts in the fleet and support areas, increasing demand for service, increasing state mandates, NFPA 1911 mandating more annual testing, as well as the age and possible readjustments of the fleet. At what age do you like to replace vehicles in your fleet? The fact that a vehicle has reached its replacement age or threshold doesn't mean it automatically gets replaced. • Some wear out faster than others, which may be a sign of the assignment, the intensity of use, and how the end-users take care of the vehicle. • Some vehicles may need to be replaced sooner due to extreme wear and tear. A comprehensive replacement program is instrumental in the budget-planning process to determine specifically which units should be replaced. 157 01/11/2022 Item WS2. vv Heavy Truck Replacement Plan 1 W W %f � d0 e7c - \ eta•' e 4 • a •,��' c.,4 Sc'' 41�'fi {°o 1 a�4 eke e 44 .ke �c ee �Z111. ' 6- o o efi g4 a�J ��` Unit Type Features ,' e / 40 ¢e 4e� cs tie ,so` c�°a Air&Light Truck(#112) Air/Light System 2005_ 15 _ 15 0 2022 2022 16 _ 0 16 in. Utility 143- In Service Quint(#108) 65'Quint 1750 Pump 2006 17 10 7 2016 2023 0 6 16 Ready Reserve Status Quint(#116) 75'Quint 1750 Pump 2007 17 10 7 2019 2024 0 3 15 Reserve Status Quint(#301) 68'Quint 1750 Pump 2013 17 10 7 2023 2030 9 7 17 Quint 141 -Station 1 Quint(#302) 68'Quint 1750 Pump 2013 17 10 7 2023 2030 9 7 17 Quint 143-Station 3 Mr Quint(#424) 109'Quint 1750 Pump 2019 17 10 7 2029 2036 2 7 17 Quint 142-Station 2 Quint(Station 4) 68'Quint 1750 Pump 2022 17 10 7 2032 2039 2 7 17 On Order 158 01/11/2022 Item WS2wv Looking Forward 0wi t o > Ss • An investment in apparatus would 74= = r Y address heavy-duty fleet for years to i ,4, ii;' _ 1 come _ n F — 1- I_ _l-- • Oldest front line heavy-duty =� _ apparatus would be a 2019 r- ; , i 'it iK , il „m- 1 -"_ • Reserve apparatus will be 2013 7 � Del' r� ti'A • The City will receive significant •- __ savings .rn • New fleet replacement model will be _ - developed and presented to city ---- � El Imans ementL g i - -- —M.1�'-. .. 159 01/11/2022 Item WS2. New Fleet Replacement Model Overview o Ss Current Model: • 10 years front line then 10 years reserve Proposed New Model: • Will take into consideration many factors through an annual grading system: o Age o Miles/Hours o Maintenance/Repair Costs o Overall condition o Reliability o Downtime • Point system will identify what apparatus needs to be replaced 160 01/11/2022 Item WS2. -- Questions? 0 w i 1 . ._ .„.. . -.- . •i -e; , . - eli• ' , e -•--- "- -- , . • . a .- __ ._ ,.-_ . •..„.. •-...... ,. /.___--4, ---, • ,-- _ , 4010- • .- ---- - - _...- -4` - _,-- ... ,-, ‘4,‘ . _ ... j f- —_.,":1-: ''''- • __., vl Y LIE_ • :, - _, 4 I - I I _ • W inm•MIMII : • -- i‘... '1.•-° ',F.:,:i .. .040 • 7MVERSIEU .440- . r_.--- -- • .._. . X.2 . .0.0 0 _---.---=---- - I .. • i16. ---'.11 ..lc-0c ink .„.._ __„. --:..........„.. _ • I ' _ ''.7.L 1 , - • , V4. :------''.----,......,..... : :4 ,S.,, . ---._ - ' ikj Iii..- '1 • -,,,,,,,,,:-.",•••--- - -- '41111k I ' • ,',.-- .... --------X,- -- - \ ---- 411111111111111111110‘... _ ,,_ , . _ ....„„........ -., __------ 40. ------ \ , — ...,-"' 1 61 01/11/2022 Item WS3IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Discuss a potential townhome development generally located on North Ballard and Harvest Bend Drive. Recommendation ID iscussion. Discussion The developer has requested a Work Session with City Council to discuss a townhome development on Ballard Avenue. The proposed development consists of approximately 43 units on five acres. Lots are a minimum size of 1,826 square feet with townhome sizes ranging from 1,381-1,667 square feet. The developer has provided a presentation for review and discussion. Financial Summary/Strategic Goals 'lanning Management 162 01/11/2022 Item WS3. January 11, 2022 Work Viii as o n Ballard Session 163 01/11/2022 Item WS3. Developers: Shane Jordan and Larry Masi Land Planning: JBI Partners/Jerry Sylo Civil Engineering: JBI Partners Development Team Landscape Architect: Belle Firma Home Builder: Gehan Homes Project Financing: Happy State Bank 164 01/11/2022 Item WS3. Land Area: 5 Acres Density Per Acre:8.6 Units Per Acre Lot Size: 22'x83' Total Density: 43 Pro .J ec l Open Space: Yes Realistic On Street Parking: Yes Specifics Alley Served: Yes Alley Width: 24' Homes Sprinklered: Yes 2 Car Garage: Yes 20' Driveway: Yes 165 01/11/2022 Item WS3. CONCEPT PLAN ON TH NEXT SLIDE 01/11/2022 Item WS3. ii ,.::. fo4j:i'i_. -,;'' 7' . .;-"i: i',1- .4; • 0 HA AV EST S-D i -1\ , r f y4 imp amm,iIi. i - ® 4 1 im., wom , , , ,, ,., ..,... .,...1 : ..• R . 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MIMIMMIIIIIMMOMMENE :MW PT;iiiijit i a m.m.a ,--- .,.----,_—- -..?.=-- - •,6 -r---7-VOIN%•=at-r l•-• '-m....- I iIIIIIIIIIMMIIIIII11111 MEM 7 41:r : MIIIIIIIIIIIIIIIMMIIIII r.--# - . IIIIII -.... . 1 ...... ,_.-- ii ... , e, ..„„„,„„„ :,..„._ .....• „_.,........ ..._,. ....=,..., mg am b .t.-E, m ...F.:mil Za 2-11-1.1---E- m—RNA -.: rai .- 01.-..=1 MI' 11 I MI MI 1! . F--Ti "47 °2 1 fi-221:' Inmij '''''''1 I°•ff. I- ....—•; ii,-= =...-• ... . .... - .,.; ...--.. , -- ..""..% Illit-=mi Iiii SIM ' - - . . .. ._ --•AN.. IS -I r=lirl'-'NE ,.., :MEN....14, ....•....- IMEN•m_--IIMM=Mom._ II. Ms- kg 1----.""" 1 69 FRONT REAR AND SIDE ELEVATIONS WITH MATERIAL PERCTINLES ON THE NEXT 3 SLIDES 01/11/2022 Item WS3. Na ..... ww. xl a ,m�oaw o i'auw slma..w. .n�wo.w wwr. -1�mjw�w.. I naw Inas eon S ge Mon on .rwn .mn m.of�m..uawr i.nnoa rim..uwucwnxr. sow tnmwWwnwwxl n w.1im. noa.mo yw.:. IV ra1�te i mom. I`..n.m..�vwr I x'r...Im... .r m aw I x mn.I+m.mummy I on: . i 1 i i c a i? - ..L. ..;I® :I. I ]� --1-=I NE -- 111111111111111111111111111111a nr, �iimNi��.iiiiri iiiin�el@i l} 4 .._.__ 11111111111111111111111111111111111111 NIIIIII r_ I•,^�-I•,r. - _ B F ■o ■■'.o . i_ II .` m EI so No MB III _ ' Ill _ c_ • -'-'-.- _ __....__I 1 tee _ o- _________i. -.. FRONT ELEVATION ~ -� AlOf isoos 171 01/11/2022 Item WS3. w. 2= (:)' I: 2 i a, o NO RLGE PMERS•XOP.U•SCASNOIPBCRATECOMMOXW•LLAW1 lila. I I I I I I I I I I I I R ‘4 P i ! 111#11.Wir 4 I El I. .a • .• •• a•,...n• I M . . , • I • .p.,{ . ' I 1111111INIIIIIMINUMIIIIIIIIIIIIIIN I =Erg 4 ...,. — _- .... I Mil. a-lm ...m. , I = ,. _1_ i _... IIIMIIIIIINIIIIMNIIIIIIIIIII REAR ELEVAnON A310 1 72 110°11.IIIIIIIIII.11°11. -- NOUVA3111441 --._. r0 rj ,..., ...... Or _ , u 12-1&- •- r---:•v_----_---L Bi. ,-1 ..._ -ri•Ts r I HH :iir.4. .r... 0 9990 .. di .;...z.4,. Pkil •. --... _ — __, _._,.„.., _....,--- i . i , NOILVA313 IHOI I 0 B a .----:- ..-_ -. -. - 111015- - ,.M.-. ---.--_______ _ _- - - -- `--- ' --- •??..1.....T 5117 141 111 -.C.11111 ion ii0,,7-G.) - __ -CD 'DO cu z x o 3 m m --„„------,...--..0„ .ESNI we,/ 0Z/1-/ILO FLOOR PLANS ON THE NEXT 2 SLIDES 01/11/2022 Item WS3. t ... ,:., T 1 ...:. .,. 1 f r ... 1 ......a Iwvwaaroor �m„I fC0 Ei i i , ..,e.,..,.........matter Q ....L� __ Fes\ ram mar. a ; —II I I I w,. t. 1. a I— —IL� J 1a,.....a..a cut.la - _ r.........r r�w ese .. a a e _ m GARAGE P a,. Mg ill: rrOLS ♦ AJ m,u �.n......y �.uo ,p Nib,, a. 1 „ , ;o-o - t .1.L _ I a_ „ a .- .. r, Ia,.. .00, 10.q a: L h �1 .. . .,, nln ",1,.5� ,, �� Y i. c ma' � ; .... - .au a • • _ 1 li ,. _ a_ ! ii I II _ `III' I'I Y'I 'I" 'i - ,,..—' i FIRST FLOOR PLAN ■ 01/11/2022 Item WS3. ..,.„. ,. ,.,„,. ,..,,, 4, it,PT r I I•••1 •i 4'lit fey,...I .p pa. 112•prr,r.r .4,AP, r r I r.orr •e. 1.e f••••• i i ! ii I _ - C CRO I li I . (D OFOM3 i I ni 11 .... ... •la •',fa - VI AIL , ..A.'- 1 r 1 4 !_IIWIIIMAII tEDROVA 2 I 71 '''' ''' 4' ! Z' 'P' •7 •I: a Yaw ;117''.: •0 Ur ::i0 : RI , 11 1 ..... . . ri. 1 Aik j , T. jab ,III ill i'ii 1 I' '"• ' " / B ill-- _ ,..e_i_ i .r • minim :-.„ tun, . ; III , Mr=11 S: —* IM ni .... MIMI III ill --V I Milk . • — •1 t 111 II I/11NY I :I 1 lal ..., .,1 .... s", . II ki A ° „.„,.l'• 11 u'l '' MAS1Elt eEpporm ._V.,'• ' 1 ll 12 '' . I ME 4— ` 1 ";,' 11/ 1 off/LE i ! _.—_ NMCkl 1-7 i-1 !Wl N , ...... W.: tv... i i , 7.1`771' I I I i 'a... ' ..or ....lreir, i amot - a rio.1.•ler WaMI 1 i i " -- .... —. - . — .2.''. r.), wr zr n ar r ar a •• SECOMD ROM PLAN ....... 413.06 176 01/11/2022 Item WS4IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Discuss a proposed townhome development generally located on the southwest corner of Troy Road and County Line Road in the City of Wylie's Extraterritorial Jurisdiction. Recommendation iscussion. Discussion The developer has requested a Work Session with City Council to discuss a townhome development on County Line Road. The proposed development consists of approximately 101 units on 15.36 acres.Lots and home sizes are proposed to be in line with current zoning ordinance standards(3,000 square feet and 1,200 square feet,respectively). The developer has provided a presentation for review and discussion. The property is mostly within the City of Wylie's ETJ. The southeast corner is within the City of Rowlett's ETJ. The property is not within the City's current sewer CCN. Financial Summary/Strategic Goals 177 01/11/2022 Item WS4. KF Homes Work January 11 , 2022 ■ 01/11/2022 Item WS4. Why we are here today We are in the process of buying the property Offer accepted by the owner We are at the Due Diligence stage: 1 . Including the land in to the City of Wylie CCN 2 Acquiring the right zooning for the proposed development 01/11/2022 Item WS4. Property Location: 2300 County Line Road, Wyllie TX 75098 Current Zoning: No Zoning (Wyllie ETJ and small portion is out of the ETJ limit) Flood Risk: Out of flood zone as per FEMA Size: 15.3 Acer Power line easement crossing at the South East corner of the property 180 01/11/2022 Item WS4. Participant Parties Owner: Privet Investor Planning to work with a local developer Land Planning and Layout: Henok Abebe Civil Design will be done by Kimley-Horn Home Builder not known yet. Geo Proposal: Alpha Testing Quality Control and Testing: GTS Consulting 0 z 01/11/2022 Item WS4. .01 it T.tKCT/D'4 M O» r so+Err OGA19 t0EarPo9M'1EM srM • o wl„rE in +w[)J2 �� \__c„ y � Survey Plat 4.; o 2300 CountyLine Rd. <,''r °s: �`h`'.Y a w� 9JF+A.Cr ti>0'•O O F7ROR %,:r y y'� % Wylie TX 75098 TO F.MrEK ELECTRIC CdrPM++ ��/ rTaK 47EMxr N vow,*�lo...nE.. VOWK TM/.WE 7A�' Ir. t" MOM. r- .* 9 ��E 4 n M- rwuwErn �' 15 as .,c:Hes OF LAW":414 *., •"` t00 RO.f.EamMErl I,' Tr MSam OF OVUM Mr OR H.*MR MI - so -- J -�> — - �,w.-- —- - /. -- wn-- -TTwrt '+Door orear uc VOL.&/pri 4.40E '1's t9 4 - �0, L * IIII ri �%`' rrc..a~La woof sJ91E1Cf TO •a Mow fMbOrtAT 'J 9% KAMM MMa PRE ate 40I.NE 1E /+r1E r PI lam. g-. WAN I OWA ,JLIWE ISM.PRIE'M9 KCEMD ff. Ls:uhen little ■ 01/11/2022 Item WS4. \ „. .. .. .''... / • • Nr . : -tollr, i . , • i :a.- ' . r + I:I Find address or place Q. ih• • ' JIMIllipmmm.71.,_. IN . '.,,, ,.. ,. — .- - r-' 1 •- '44••• .. .. *Ay"' IPI • I • 1 I :: ,i / , ... ,y. ..•„t„••• k. -It'', . . • 4$11*. • ,,s 4::.Z., '';,../T .. -. •-- .. Ap- i'" • ' IV et' - —11-1 1.9717.1' 4g,.. al-JAM S illeopalp ,,, 1.... .:01 <, • -,. '• • ° - 44,',••,,4', .- - sh-4 . 4_ ' . :0 t a • i v 4..- .... . • ‘'',... -- s '''. - •. , .,S • '"•I ,,.„ . .. - 4 <,.•- • , ----: i•.• • . . ••. • i. ' . c N.. ...."Nr/. .. . h. VIAL 1'!.• i , ... :r •, , • • ,, '7, \ ` N 1113 ' • :la. • .,., 7ill ti . :. L.4.4.), .• -4 ' 4 , :' . I II ai 'I i \ . A.."\ \. ill• ?';'' .84111:111k • VW' ••• . /.." 6„try go op •.• .ft. 4. l . _- c• , .- ,....... -.,, AI- • si- ; `*- -,.'..:`• ' . ,--- Aeir •• rel. r. ••,..;.' . ' '' • . 4.. .-' ' ..„,,, . ,• 4 0,0" , .• ,, .„ • ilk I .--..-----•-------.'.,--'-4 ---- _, • ••':_ ;•'4-1/••00•3•4•!,,..t... -.- ., . -..':44.... . ., ,„ .• .- ...-... ,4 .•• 3,i• • T E RO,„..A..•D•.•2,.2 00•:.• , r r - 5- .4v• 4 --1,., (.1-.'"' T. • ' :. - .•%' • - " • • • • . 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As per the City of Wylie requirements Minimum Lot size for one unit: Width: 35' 99 Duplex Homes / Twin Homes Depth: 100' with 2 Car Garage. ► Minimum Lot size for both units together: Only Two Homes on one Pad Width 70' Depth: 100' Exterior building material ► Brick and Stone veneer ► Fiber Cement Roof Material Asphalt Shingles 184 01/11/2022 Item WS4. /\,,,, N / W E- `_\ PROPOSED FIRELANE / \ PER CITY \\\ C.) T- �6`• A4/ GAP : < ® e / ' ' ®4 \ \ '- FRONT YARD r/�v ® 6 6 , ® ® \ \ ® ® `OPEN LANDSCAPE ® A�6�� ® ® AREAS .,,,A, ,,,, . . s0r0/1\ ``.,\ems-. /‘`.® ® - ® ' O \®0 < , 0 414: ® ® ® SITE DATA: ® 00 TOTAL AREA OF LOT=15.36 ACRES CO �® ® ® TOTAL NUMBER OF LOTS=101 ® TOTAL OPEN LOT=6 p\g� / ® \ ® ' ® 0 0 ' /v MINIMUM LOT SIZE=35X100. s,,,,,. /`, , .:*\ co " ` ®\ ® O ® ® \/ ® > ® ® O © © ‘y Y ..- —— OPEN LANDSCAPE AREAS o t 2 PROPOSED FIRELANE °. k‘ \k 0 PER CITY \ 6' OPEN LANDSCAPE AREAS r\ i / 6Dg •4� s.9 ey / ® `S�j1 Oi/ \ ® \ CITY OF WYLE TEXAS DATE 2021-12-21 g © /, �:.- SITE PLAN EXHIBIT 01/11/2022 Item WS4. n i III ill \iiii . ..-villif - / .• 1.°1 kin"':_l --ilk. ., . ....e, ,,,,,,,p,;,,,_ \: , _ . i 7 .:.. r . .i. -, -----16 ._ \ '''-. '• . ':.,„ ....,. . Eiz_____ _ ,- ..._ . , i, ..... ._ . .0 . ....„ , . . _ ...._ .._ , , _ i,.-,,...: •. ,... ,., . . , : . ... ,•-• ,. ______,_ . . _ .., __ __ _ _ i .. , ...,., . . . . __ . ., ,••.:. - . _ _ _ . , , _. • A ip. , • ,.. ....,;.„, , ........ip , 40. .. II-: . -- i a,t 186 L8I- ��,� ... . r'r _. _ _ _ - _ -I i I _I I L ' _LL - I I 1 i f ,y_ Li i.ro iiiiij.' Ili-—--------- ——- _____________ 1--Lgw',' v:- \ .41.1r-- _ -i— 0' ' " Ni.ii, 1 ...,.... .. ie. y':• • _• • • • .17SM well ZZOZ/l d/40 01/11/2022 Item WS4. Thank You Henok Abebe 01 /11 /2022 188 01/11/2022 Item WS5IA/ IN Wylie City Council CITY OF WYLIE AGENDA REPORT Department: Public Works Account Code: Prepared By: Tim Porter Subject Discuss and present Sidewalk Repair List. Recommendation Discussion taff has created the attached 2021-2022 Sidewalk Repair List to identify to City Council potential projects for which to use •utlined $600,000 FY2021 excess fund balance. The list was put together based on sidewalk repair requests from the public a s well as new sidewalk additions(projects)staff anticipates are needed throughout the community.Note that due to the nature .f the sidewalk replacement program,this list grows/changes weekly. Staff seeks approval of this initial list to move forward ith spending the aforementioned funds. Financial Summary/Strategic Goals 189 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost Special Projects $132,888 Special Alanis Dr. from S. Ballard Ave. New Project to near Dodd Dr. Sidewalk 0% $15,466 Install Special New Project Lakefield Drive, North Side Sidewalk 0% $20,190 Install Special Timber Falls Ln. from Elm Dr. New Project to near Braddock Way Sidewalk 0% $10,832 Install Special Alanis Dr. from Dodd Dr.to New Sidewalk 0% $86,400 Project North Lake Dr. Install Downtown (Various Locations) $834,419 Brown St. N.side of road from Downtown R.R.tracks to near N. Jackson New Install 0% $32,040 St. N. Ballard Ave. W. side of road Downtown starting from Brown St. New Install 0% $6,094 heading N. N. Ballard Ave. E. side of road Downtown starting from Brown St. New Install 0% $36,240 heading N. 2 areas around Downtown Cotton Belt Ave. between New Install 0% $36,572 Marble&Elliot Downtown Keefer St. beween Brown St. & New Install 0% $59,160 Oak St. Downtown Brimingham St. between New Install 0% Marble&Elliot $20,280 Downtown Jackson St. between Brown St. New Install 0°i° &Oak St. $7,150 Downtown First St. between Brown St. & New Install 0% $13,790 Marble St. Jefferson St. between Ballard Downtown Ave. &Dead End near Second New Install 0% $21,822 St. 190 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost Downtown Marble St. between Cotton Belt New Install 0% $89,040 & HWY 78 Downtown Oak St. between Cotton Belt& New Install 0% $37,560 HWY 78 Downtown Elliot St. New Install 0% $42,720 Downtown HWY 78 between Ballard Ave. New Install 0% $119,366 &Brown St. NDowntown St Ballard Ave. North of Brown Replace 0% $8,215 Downtown Ballard Ave. between Hwy 78 & New Install 0% $13,825 Butler St. Downtown Jackson St. between Oak St. & Replace 0% $6,200 HWY 78 Downtown W. Brown Dt. near Keefer St. New Install 0°i° (R.R. median project)N $48,703 Downtown St Ballard Ave. North of Brown New Install 0% $5,122 N. Ballard Ave. E. side of road Downtown starting from Brown St. New Install 0% $68,049 heading N. 2 areas around Downtown Elliot St. from Cotton Belt to New Install 0% $21,666 dead end, both sides Downtown Handicap Ramps:various New Install 0% $15,000 locations Downtown Handicap Ramps:various Replace 0% $20,000 locations Downtown W. Brown St. near Keefer St. New Install 0°i° (R.R. median project) $70,899 N. Ballard Ave. &Jefferson St. Downtown (between Brown House& Replace 0% $15,970 shamrock Gas) 191 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost Downtown 301 N. Ballard Ave. (vintage Replace 0% $18,936 Brown House) Zone 1 (Cascades/Newport Habor/Quail Meadow/Country Ridge) $92,124 24119 1403 Scottsdale Dr. Sidewalk 10/06/21 - 100% City - Repair 17694 1413 Millbrook Ln. Sidewalk 09/09/20 - 100% City - Repair 23474 1416 Millbrook Ln. Sidewalk 03/31/21 - 100% City - Repair 23402 1510 Lonesome Dove Trl. Sidewalk 03/16/21 - 100% City - Repair 24180 1509 Lonesome Dove Trl. Sidewalk 10/19/21 - 0% $3,318 Repair 19985 1403 Lonesome Dove Trl. Sidewalk 11/16/20 - 0% $2,300 Repair 19985 1207 Lonesome Dove Trl. Sidewalk 10/14/21 - 0% $1,585 Repair 24172 1733 Port Tack Ln. Sidewalk 10/27/21 - 0% $4,780 Repair 20029 1725 Port Tack Ln. Sidewalk 11/27/20 10/26/21 100% City - Repair 24287 1409 Quail Meadow Sidewalk 12/06/21 - 0% $3,385 Repair 16062 1421 Quail Meadow Sidewalk 4/1/20 10/25/21 100% City - Repair 24146 1619 Spinnaker Way Sidewalk 10/14/21 - 0% $1,069 Repair 23994 1501 Leeward Ln. Sidewalk 08/25/21 - 100% City $3,558 Repair 192 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 15378 1514 Leedward Ln. Sidewalk 10/01/19 - 100% Repair City $2,855 14355 1520 Leedward Ln. Sidewalk 03/21/19 - 100% Repair City $2,278 24271 1521 Leeward Ln. Sidewalk 11/23/21 - 0% $2,455 Repair 19979 1301 Windward Ln. Sidewalk 11/16/20 - 100% Contract $5,805 Repair 19979 1302 Windward Ln. Sidewalk 11/16/20 - 100% Contract $7,762 Repair 9770 1534 Windward Ln. Sidewalk 11/09/16 - 100% Contract $3,207 Repair 24301 1212 Anchor Dr. Sidewalk 12/13/21 - 0% $6,328 Repair 14340 1501 Anchor Dr. Sidewalk 03/18/19 - 0% $2,145 Repair 15166 1521 Anchor Dr. Sidewalk 08/23/19 - 0% $3,436 Repair 24237 1526 Schooner Bay Dr. Sidewalk 11/12/21 - 0% $4,005 Repair 23875 1908 Water Fall Way Sidewalk 07/22/21 - 0% $2,455 Repair 24203 2010 Water Fall Way Sidewalk 11/1/21 - 0% $2,515 Repair 20008 1915 Three Fountains Dr. Sidewalk 11/23/20 - 0% $2,515 Repair 15844 1902 Duck Walk Way Sidewalk 01/28/20 - 0% $2,707 Repair 20137 1708 Boxwood Ln. Sidewalk 12/29/20 0% $1,069 Repair 193 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 20137 1706 Splinter Dr. Sidewalk 12/29/20 - 0% $2,145 Repair 23559 1702 Mapleleaf Dr. Sidewalk 04/22/21 - 0% $1,932 Repair 18703 1616 Redcedar Dr. Sidewalk 09/11/20 - 0% $2,163 Repair 16143 1709 Redcedar Dr. Sidewalk 04/23/20 - 100% Contract $1,069 Repair 24139 1711 Redcedar Dr. Sidewalk 10/13/21 - 0% $5,033 Repair 24071 1601 Thornberry Dr. Sidewalk 09/17/21 - 0% $4,985 Repair 23680 1706 Ashwood Dr. Sidewalk 05/21/21 - 0% $1,585 Repair 24236 1603 Ridgecove Dr. Sidewalk 11/12/21 - 0% $1,680 Repair Zone 2 (Creekside Estates/Sage Creek/Parkside/Birmingham Farms 3B) $164,146 16266 2214 Huntington Dr. Sidewalk 05/26/20 - 0% $4,632 Repair 23975 109 Waterford Dr. Sidewalk 08/17/21 - 0% $2,040 Repair 24097 103 Creekview Dr. Sidewalk 09/27/21 - 0% $1,525 Repair 24252 2605 Gum Tree Trl. Sidewalk 11/17/21 - 0% $1,370 Repair 23747 2905 Lakefield Dr. Sidewalk 06/09/21 - 0% $3,075 Repair 12884 200 Lakehurst Dr. Sidewalk 06/26/18 - 0% $2,145 Repair 194 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 12583 202 Lake Hurst Dr. Sidewalk 05/06/18 - 0% $1,835 Repair 23754 2706 Sequoia Ln. Sidewalk 06/10/21 - 0% $1,990 Repair 18713 2901 Holly Ln. Sidewalk 09/11/20 - 0% $2,330 Repair 23507 2904 Mason Ln. Sidewalk 04/09/21 - 0% $1,655 Repair 23405 2912 Mason Ln. Sidewalk 03/17/21 - 0% $1,680 Repair 15633 2917 Mason Ln. Sidewalk 11/26/19 - 0% $2,105 Repair 15865 100 Springwell Pkwy Sidewalk 02/04/20 - 0% $2,765 Repair 23528 106 Springwell Pkwy Sidewalk 04/16/21 - 0% $2,300 Repair 23973 3004 Springwell Pkwy Sidewalk 08/17/21 - 0% $2,920 Repair 16022 3312 Springwell Pkwy Sidewalk 03/18/20 - 0% $3,385 Repair 15937 302 Crabapple Dr. Sidewalk 02/27/20 - 0% $2,050 Repair 20372 3509 Nandina Dr. Sidewalk 03/02/21 - 0% $2,455 Repair 24111 3405 Catalpa Dr. Sidewalk 09/29/21 0% $2,985 Repair 23447 3505 Olivia Dr. Sidewalk 03/25/21 - 0% $1,965 Repair 16269 608 Althea Dr. Sidewalk 05/26/20 - 0% $1,525 Repair 195 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 20247 3104 Candlebrook Dr. Sidewalk 01/26/21 - 0% $2,455 Repair 24343 3106 Candlebrook Dr. Sidewalk 01/26/21 - 0% $2,985 Repair 21400 3108 Candlebrook Dr. Sidewalk 03/15/21 - 0% $2,145 Repair 24344 3110 Candlebrook Dr. Sidewalk 03/15/21 0% $4,565 Repair 20192 3007 Kinsbrook Dr. Sidewalk 01/15/21 - 0% $2,920 Repair 24109 3102 Kinsbrook Dr. Sidewalk 10/04/21 - 0% $2,185 Repair 20193 3104 Kinsdbrook Dr. Sidewalk 01/14/21 - 0% $1,020 Repair 23726 3300 Kinsbrook Dr. Sidewalk 06/03/21 - 0% $6,330 Repair 23660 3102 Connor Ln. Sidewalk 05/17/21 - 0% $2,600 Repair 3105 Connor Ln. Sidewalk 05/17/21 - 0% $1,726 Repair 15952 906 Glen Lakes Ct. Sidewalk 02/28/20 - 0% $2,163 Repair 24002 3408 Meandering Dr. Sidewalk 08/26/21 - 0% $4,408 Repair 14929 1001 Meandering Dr. Sidewalk 07/02/19 - 0% $6,834 Repair 23674 1005 Meandering Dr. Sidewalk 05/20/21 - 0% $2,279 Repair 15315 3506 Everglade Ln. Sidewalk 09/19/19 - 0% $3,657 Repair 196 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 16537 1017 Fairdale Ct. Sidewalk 08/05/20 - 0% $2,564 Repair 16544 901 Fountain Dr. Sidewalk 08/06/20 - 0% $3,254 Repair 16545 911 Fountain Dr. Sidewalk 08/06/20 - 0% $3,964 Repair 16321 3304 Warwick Ct. Sidewalk 06/09/20 - 0% $1,990 Repair 16543 3101 Savoy Ct. Sidewalk 08/06/20 - 0% $1,525 Repair 16479 1221 Riverway Ln. Sidewalk 07/21/20 - 0% $1,735 Repair 24137 3019 Sawgrass Dr. Sidewalk 10/12/21 - 0% $1,215 Repair 20266 3001 Marigold Dr. Sidewalk 02/03/21 - 0% $2,835 Repair 23972 814 Riverhead Dr. Sidewalk 08/16/21 - 0% $1,525 Repair 23548 3010 Jacob Dr. Sidewalk 04/21/21 - 0% $2,485 Repair 23845 1419 Eugene Dr. Sidewalk 07/13/21 - 0% $1,985 Repair 17613 3105 Glenwood Dr. Sidewalk 08/24/20 - 0% $2,145 Repair 17613 3112 Glenwood Dr. Sidewalk 10/27/21 - 0% $1,625 Repair 23917 3024 Reagena Dr. Sidewalk 08/03/21 - 0% $2,985 Repair 23925 3002 Leslie Dr. Sidewalk 08/04/21 - 100% City - Repair 197 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 15983 3009 Francesca Dr. Sidewalk 03/09/20 - 100% City - Repair 24117 3028 Ruby Dr. Sidewalk 10/06/21 - 100% City - Repair 23713 1620 Lincoln Dr. Sidewalk 05/27/21 - 0% $3,155 Repair 15040 402 Adams Ave. Sidewalk 07/29/19 - 0% $4,565 Repair 24001 1507 Elkmont Dr. Sidewalk 08/26/21 - 0% $1,755 Repair 16547 1403 Elkmont Dr. Sidewalk 08/06/20 - 0% $1,795 Repair 15312 601 Tuskegee Dr. Sidewalk 09/19/21 - 0% $1,680 Repair 20227 1309 Ardmore Way Sidewalk 01/25/21 - 0% $1,875 Repair 16034 1320 Brundidge Dr. Sidewalk 03/26/20 - 0% $1,270 Repair 23647 1326 Greensboro Dr. Sidewalk 04/30/21 - 0% $2,300 Repair 20374 1301 Luverne Dr. Sidewalk 03/03/21 - 0% $2,145 Repair 15619 Park Blvd. Sidewalk 11/21/19 - 0% $8,655 Repair 16164 1316 Cahaba Dr. Sidewalk 04/28/20 - 0% $2,245 Repair 20110 1200 Auburn Dr. Sidewalk 12/18/20 - 0% $1,975 Repair 23964 1215 Auburn Dr. Sidewalk 08/16/21 - 0% $1,895 Repair 198 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost Zone 3 (Birmingham Farms 2A,14A,14B/Westgate 1/Creek Hollow/Rustic Oaks/Harvest Bend Addn/Pointe $129,885 North Addn) 23593 710 Fleming St. Sidewalk 04/29/21 - 0% $1,835 Repair 24199 615 W. Oak St. Sidewalk 10/29/21 - 0% $1,485 Repair 23563 101 S. Winding Oaks Dr. Sidewalk 04/22/21 - 0% $4,935 Repair 23551 201 N. Winding Oaks Dr. Sidewalk 04/21/21 - 0% $1,990 Repair 15949 100 N. Westgate Way Sidewalk 03/02/20 - 100% Contract $9,363 Repair 16481 102 N. Carriage House Way Sidewalk 07/21/20 - 100% Contract $2,315 Repair 18818 100 Pullman Pl. Sidewalk 10/06/20 - 100% Contract $3,829 Repair 24255 201 Arborview Dr. Sidewalk 11/17/21 - 0% $5,555 Repair 23749 209 Arborview Dr. Sidewalk 06/10/21 - 0% $2,145 Repair 23642 503 Rustic Cir. Sidewalk 05/10/21 - 0% $2,145 Repair 20063 106 N. Rustic Trl. Sidewalk 12/03/20 - 100% Contract $3,329 Repair 20062 108 N. Rustic Trl. Sidewalk 12/03/20 - 100% Contract $2,950 Repair 17652 502 Silverleaf Ct. Sidewalk 08/31/20 - 100%Repair Contract $2,557 20065 503 Silverleaf Ct. Sidewalk 12/03/20 - 100% Contract $2,557 Repair 199 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 20066 504 Silverleaf Ct. Sidewalk 12/03/20 - 100% Contract $3,684 Repair 16128 505 Silverleaf Ct. Sidewalk 04/20/20 - 100% Contract $2,315 Repair 20067 506 Silverleaf Ct. Sidewalk 12/03/20 - 100% Contract $2,916 Repair 24041 510 W. Jefferson St. Sidewalk 09/08/21 - 100% Contract $4,063 Repair 23622 106 Jackson Ave. Sidewalk 05/06/21 - 0% $2,145 Repair 24010 416 N. Winding Oaks Dr. Sidewalk 08/30/21 - 0% $3,850 Repair 15982 513 Kamber Ln. Sidewalk 03/06/20 - 0% $2,145 Repair 23661 421 Kamber Ln. Sidewalk 05/17/21 - 0% $2,765 Repair 12622 407 Kamber Ln. Sidewalk 05/15/18 - 0% $3,230 Repair 24189 431 Da Vinci Ln. Sidewalk 10/27/21 - 0% $2,145 Repair 23981 436 Da Vinci Ln. Sidewalk 08/18/21 - 0% $1,835 Repair 17651 403 Kylie Ln. Sidewalk 08/31/20 - 0% $10,650 Repair 24192 501 Vicki Ln. Sidewalk 10/27/21 - 0% $4,565 Repair 19994 510 Vicki Ln. Sidewalk 11/19/20 - 0% $3,857 Repair 23978 515 Vicki Ln. Sidewalk 08/18/21 - 0% $8,690 Repair 200 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 18800 401 Graham Ln. Sidewalk 10/01/20 - 0% $9,465 Repair 15780 414 Graham Ln. Sidewalk 01/14/20 - 0% $2,300 Repair 23445 509 Graham Ln. Sidewalk 03/25/21 - 0% $2,455 Repair 23471 408 Oxford Dr. Sidewalk 03/31/21 - 0% $1,680 Repair 20131 914 Chickesaw Ln. Sidewalk 12/23/20 - 0% $2,765 Repair 24065 802 Chickesaw Ln. Sidewalk 09/15/21 - 0% $3,540 Repair 24209 818 Greene Way Sidewalk 11/2/21 - 100% City - Repair 16365 603 Pickwick Ln. Sidewalk 06/22/20 - 0% $1,835 Repair 24228 714 Gunters Moutain Sidewalk 11/11/21 - 100% City - Repair 20218 919 Ann Dr. Sidewalk 01/25/21 - 100% City - Repair (Lakeside Village/Trails Place/Twin Lakes Phase 1 &2/Southbrook/Braddock Place/Pheasant Zone 4 Creek/Collins Estates/Stone Ridge Farms/Mill Creek Estates/Kreymer Estates/Stone Grove/Lake $117,765 Trails of Bozman/Bozman Farms) 23832 108 Spence Dr. Sidewalk 07/07/21 - 0% $4,726 Repair 16157 322 1st St. Sidewalk 04/27/20 - 0% $977 Repair 13010 428-454 Park St. Sidewalk 07/16/18 - 0% $1,860 Repair 23668 304 Rushcreek Dr. Sidewalk 05/19/21 - 0% $7,883 Repair 201 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 24118 811 Foxwood Ln. Sidewalk 04/28/20 - 0% $8,186 Repair 24098 909 Foxwood Ln. Sidewalk 09/27/21 - 0% $2,530 Repair 24116 1022 Foxwood Ln. Sidewalk 10/06/21 - 0% $4,825 Repair 23831 500 CandleWood Ct. Sidewalk 07/06/21 - 0% $4,939 Repair 13462 651 Rocksprings Dr. Sidewalk 09/26/18 - 0% $4,939 Repair 20195 1010 Standbridge Dr. Sidewalk 01/18/21 - 0% $1,253 Repair 23533 1107 Destiny Ct. Sidewalk 04/19/21 - 0% $1,161 Repair 23952 1300 Aspen Ln. Sidewalk 08/11/21 - 100% Contract $5,980 Repair 24171 112 Enchanted Forest Sidewalk 10/19/21 - 0% $1,161 Repair 23800 403 Stoneybrook Dr. Sidewalk 06/23/21 - 0% $4,010 Repair 23800 501 Stoneybrook Dr. Sidewalk 06/23/21 - 0% $3,665 Repair 24261 502 Stoneybrook Dr. Sidewalk 11/22/21 - 0% $2,920 Repair 23591 503 Stoneybrook Dr. Sidewalk 04/29/21 - 0% $3,697 Repair 23762 505 Stoneybrook Dr. Sidewalk 06/15/21 - 0% $3,675 Repair 24244 508 Stoneybrook Dr. Sidewalk 11/15/21 - 0% $3,230 Repair 202 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 23683 605 Stoneybrook Dr. Sidewalk 05/24/21 - 0% $3,895 Repair 24336 406 Willow Way Sidewalk 01/03/22 - 0% $5,805 Repair 24325 507 Willow Way Sidewalk 12/27/21 - 0% $3,254 Repair 24263 509 Willow Way Sidewalk 11/22/21 - 0% $4,780 Repair 24324 601 Willow Way Sidewalk 12/27/21 - 0% $2,920 Repair 20245 238 Lake Texoma Dr. Sidewalk 02/01/21 - 100% City - Repair 23716 224 Lake Travis Dr. Sidewalk 05/28/21 - 100% City $3,895 Repair 23806 210 Lake Travis Dr. Sidewalk 06/25/21 - 100% City - Repair 23585 1315 Iron Horse St. Sidewalk 04/28/21 - 0% $1,525 Repair 23851 Collins Blvd Sidewalk 07/15/21 - 0% $1,060 Repair 20058 304 Highland Creek Dr. Sidewalk 12/03/20 - 0% $1,835 Repair 18929 308 Highland Creek Dr. Sidewalk 11/02/20 - 0% $1,680 Repair 18806 331 Highland View Dr. Sidewalk 10/05/20 - 0% $1,835 Repair 23807 426 Fairland Dr. Sidewalk 06/28/21 - 0% $1,525 Repair 17695 2004 Fairway Woods Dr. Sidewalk 09/09/20 - 0% $1,990 Repair 203 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 23865 1909 Faircrest Ln. Sidewalk 07/20/21 - 0% $1,525 Repair 24197 2209 Fair Parke Ln. Sidewalk 5/18/21 - 100% Contract $4,216 Repair 23519 1600 Pheasant Creek Sidewalk 04/06/21 12/2/21 100% City - Repair 15959 1622 Pheasant Creek Dr. Sidewalk 03/03/20 12/2/21 100% City - Repair 20092 2816 Meadow Bluff Dr. Sidewalk 12/14/20 12/2/21 100% City - Repair 24292 2903 Meadow Bluff Dr. Sidewalk 12/08/21 - 0% $1,253 Repair 24290 3013 Lake Terrace Dr. Sidewalk 12/06/21 - 0% $3,155 Repair Zone 5 (Wyndam Estates/Wylie Lakes/Wylie Ranch East/Avalon/Hunter's Cove) $55,000 14089 120 Windsor Dr. Sidewalk 01/25/19 - 0% $4,357 Repair 23466 127 Windsor Dr. Sidewalk 03/25/21 - 0% $9,490 Repair 13904 122 Fairmount Dr. Sidewalk 12/13/18 - 0% $3,433 Repair 23913 307 Millstone Dr. Sidewalk 08/02/21 8/25/21 100% City - Repair 24073 2109 Colby Ln. Sidewalk 09/17/21 - 0% $6,898 Repair 23716 1100 Essie Way Sidewalk 06/15/21 - 0% $1,835 Repair 23781 101 N. Rolling Meadows Dr. Sidewalk 11/02/21 - 0% $2,455 Repair 204 01/11/2022 Item WS5. 2021 -2022 Sidewalk Repair UPDATED:01/04/2022 Service Request Request Date %Task Completed by: Estimated Request# Location Type Date Completed Complete City/Contract Cost 23781 105 N. Rolling Meadows Dr. Sidewalk 06/22/21 - 0% $7,712 Repair 16340 101 Rutherford Ave. Sidewalk 06/15/20 - 0% $1,835 Repair 18711 2717 Gold Hill Dr. Sidewalk 09/11/20 - 0% $3,230 Repair 14847 1309 London Dr. Sidewalk 06/19/19 - 0% $2,920 Repair 24068 1304 Old Knoll Dr. Sidewalk 09/16/21 - 0% $2,455 Repair 15951 1201 Wyndham Dr. Sidewalk 03/02/20 - 100% Contract $6,235 Repair 24131 2917 Sheridan Ln. Sidewalk 10/12/21 - 0% $2,145 Repair TOTAL $1,526,227 205