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09-13-2022 (City Council) Agenda Packet
Wylie City Council Regular Meeting September 13, 2022—6:00 PM Council Chambers-300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PR1. Proclaiming American Legion Day. PR2. Presentation of 2022 Platinum dotCOMM Award. PR3. Proclaiming Constitution Week. PR4. Proclaiming National Stepfamily Day. PR5. Recognizing National Payroll Week. 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 August 23,2022 Regular City Council Meeting minutes. B. Consider,and act upon,approval of the Park Event Application from Wylie High School PTSA, a non-profit organization,to hold the Pirate Dash-Fun Run and 5K at Founders Park on.April 15,2023. C. Consider,and act upon,approval of the Park Event Application from Fancyberriesco representative,Jazmine Garcia,to host the Fancy Mart Art Market event at Olde City Park on Saturday,November 5, 2022. D. Consider, and act upon, a Final Plat of Butler Estates Addition,being a replat of Lot 6, establishing two ETJ lots on 5.005 acres in the City of Wylie Extra Territorial Jurisdiction,located at 1856 Butler Drive. E. Consider, and act upon, Resolution No. 2022-26(R) authorizing the City Manager to execute an Interlocal Public Transit Service Agreement with the Dallas Area Rapid Transit. F. Consider, and act upon,Modification No. 1 to Wylie Contract#W2021-76-A for Employee Medical, Dental and Rx Benefits with Cigna Health and Life Insurance Company in an estimated annual amount of $350,000.00; and authorizing the City Manager to execute any necessary documents. Page 11 7 G. Consider, and act upon, the approval of Modification No. 2 to an Interlocal Agreement for Jail Services for Class "C" Misdemeanors with Collin County Detention Facility, Collin County, Texas, in an estimated annual amount of$3,000.00 through an Interlocal Agreement, and authorizing the City Manager to execute any necessary documents. H. Consider, and act upon, the approval of Modification No. 1 to an Interlocal Agreement with Collin County Environmental Health Care Services to provide public health functions in the estimated annual amount of $48,368.00; and authorizing the City Manager to execute any necessary documents. REGULAR AGENDA 1. Consider, and act upon, the submission of an Official Ballot for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Elections. 2. Consider,and act upon,Ordinance No.2022-60 amending Wylie's Code of Ordinances,Ordinance No.2021- 17 as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection A(Water and Sewer Service Deposit; Meter and Connection Fee), and Subsection X(Water and Sewer Tap Fees). WORK SESSION WS I. Discuss the status of the creation of Tax Increment Reinvestment Zones within the City of Wylie. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION 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 properties regarding the E. FM 544 Capital Improvements Project. ES2. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 1378/Parker, FM 544/Cooper, FM 544/Sanden, Jackson/Oak, Regency/Steel, State Hwy 78/Alanis, and State Hwy 78/Brown. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (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). ES3. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2013-9a, 2017-6a, 2020-1 lb, 2021-2d, 2021-4a, 2021-5a, 2021-6a, 2021-6c, 2021-8a, 2021-9a, 2021-9e, 2021-9f, 2021-11a, 2021-12a, 2021-12b, 2022-la, 2022-4d, 2022-7a, 2022-7b, and 2022-7c. Page 12 2 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 September 9, 2022 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. § 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 13 3 09/13/2022 Item PR1 Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject l'roclaiming American Legion Day. Recommendation Discussion 4 09/13/2022 Item PRI, CITY +.gyp WYLIE September 13, 2022 • A gift from the citizens and City of Wylie • Artist: Wylie East High School Sophomore Evy Seddig • Project conceptualized by City human resources staff Lynn Fagerstrom • Handprints courtesy of guests at the 2022 Memorial Day Ceremony in Olde City Park The history of the poppy and the American Legion: After World War I, the poppy flourished in Europe. Scientists attributed the growth to soils in France and Belgium becoming enriched with lime from the rubble left by the war. From the dirt and mud grew a beautiful red poppy. The red poppy came to symbolize the blood shed during battle following the publication of the wartime poem "In Flanders Fields." The poem was written by Lieutenant Colonel John McCrae, M.D. while serving on the front lines. On September 27, 1920, the poppy became the official flower of The American Legion family to memorialize the soldiers who fought and died during the war. In 1924, the distribution of poppies became a national program of The American Legion. Led by the American Legion Auxiliary, each year members of The American Legion Family distribute poppies with a request that the person receiving the flower make a donation to support the future of veterans, active-duty military personnel and their families with medical and financial needs. Poppy Day is celebrated in countries around the world. The American Legion brought National Poppy Day® to the United States by asking Congress to designate the Friday before Memorial Day, as National Poppy Day. On May 28, wear a red poppy to honor the fallen and support the living who have worn our nation's uniform. 5 09/13/2022 Item PR1. d,r 4al. a0 TTHE AMERICANLEGION FAMILY NATIONAL P '. IN FLAI\IDERS FIELDS In Flanders Fields the poppies blow r'y Between the crosses row on row, That mark our® place; and in the sky The larks, still bravely singing, fly Scarce heard. amid the guns below. We are the Dead. Short days ago We, lived, felt daa. .xn, saw sunset glow, Loved, and were loved, and now we lie In Flanders fields. Take up our quarrel with the foe: To you from failing hand , we throw The torch; v)e yours to hold it high. If ve; break faith with, us Ny110 die � � shall not sleep, though poppiesgrow r , In Flanders fields. December 8, 1915 John :Ic .:=r ,c 6 09/13/2022 Item A. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of August 23, 2022 Regular City Council Meeting minutes. Recommendation Motion to approve Item as presented. Discussion The minutes are attached for your consideration. 7 09/13/2022 Item A. Wylie City Council Regular Meeting Minutes August 23, 2022—6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY OF 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(6:04), and Councilman Garrett Mize. City Manager Brent Parker; Deputy City Manager Renae 011ie; Assistant City Manager Lety Yanez; Police Chief Anthony Henderson;Finance Director Melissa Beard;Fire Chief Brandon Blythe;Planning Director Jasen Haskins; Public Information Officer Craig Kelly; Public Works Director Tommy Weir; Parks and Recreation Director Carmen Powlen;City Engineer Tim Porter;Project Engineer Jenneen Elkhalid;Purchasing Manager Glenna Hayes; Assistant to the City Secretary Erin Day; and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Kurt Ulmer with the Faith Lutheran Church led the invocation and Mayor Porter led the Pledge of Allegiance. Councilman Wallis took his seat at the dais at 6:04 p.m. PRESENTATIONS &RECOGNITIONS PRl. Presentation by American Legion Hale-Combest Post 315 for 2021 and 2022 American Legion Firefighter and EMT/Paramedic of the Year. American Legion Hale-Combest Post 315 presented certificates to Brian Ritter, Casey Nash, and Tyler New. PR2. Presentation by North Texas Military Order of the World Wars. Jacques Loraine, representing the North Texas Military Order of the World Wars, gave a presentation on The Military Order of the World Wars(MOWW)including who they are and what they do. PR3. Proclaiming Delta Kappa Gamma Society International Day. Mayor Porter presented a proclamation proclaiming August 23,2022 as Delta Kappa Gamma Society International Day in Wylie, Texas. Members of Delta Kappa Gamma Society were present to accept the Proclamation. COMMENTS ON NON-AGENDA ITEMS No citizens were present wishing to address Council on non-agenda items. CONSENT AGENDA Page I1 8 09/13/2022 Item A. 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 August 9,2022 Regular City Council Meeting minutes. B. Consider,and act upon,the City of Wylie Monthly Revenue and Expenditure Report for July 31,2022. C. Consider, and place on file,the City of Wylie Monthly Investment Report for July 31,2022. D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31,2022. E. Consider, and act upon, Ordinance No. 2022-53 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. F. Consider, and act upon, Ordinance No. 2022-54 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. G. Consider, and act upon, Ordinance No. 2022-55 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. Mayor Porter stated staff had requested Item A be pulled from Consent Agenda and considered individually. Council Action A motion was made by Councilman Williams, seconded by Mayor pro tern Forrester, to approve Consent Agenda Items B-G as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA A. Consider, and act upon, approval of August 9,2022 Regular City Council Meeting minutes. Mayor Porter stated the name of a Parks and Recreation Board member that was in attendance at the August 9,2022 meeting was inadvertently not included in Work.Session 2 and has since been added. Council Action A motion was made by Mayor pro tern Forrester,seconded by Councilman Williams,to approve Item A as amended. A vote was taken and the motion passed 7-0. 1. Hold a Public Hearing, consider, and act upon,Ordinance No.2022-56 adopting a budget for all City funds, including the Wylie Economic Development Corporation (4A) and the Wylie Parks and Recreation Facilities Development Corporation (4B) and appropriating resources for Fiscal Year 2022-23 beginning October 1,2022 and ending September 30,2023. Staff Comments Finance Director Beard addressed Council stating the tax rate proposed for the FY 2022-2023 budget is $0.562333 per$100 assessed valuation which is the No New Revenue Rate. The Fund Summary included in the packet shows appropriable funds of$148,025,390 which represents all operating funds,debt service funds,and capital funds.This total also includes the budgets for the Wylie Economic Development Corporation (4A) and the Wylie Parks and Recreation Facilities Development Corporation(4B).The City has met the requirements of Local Government Code Page 12 9 09/13/2022 Item A. Chapter 102 which requires the City to hold a public hearing after providing notice.The Proposed Budget Summary and Notice of Public Hearing was published in the Wylie News on.August 17. Public Hearing Mayor Porter opened the public hearing on Item 1 at 6:32 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Porter closed the public hearing at 6:32 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang,to approve Item 1 as presented. A vote was taken and the motion passed 7-0 with Mayor Porter,Councilman Duke,Councilman Strang,Mayor pro tern Forrester, Councilman Williams, Councilman Wallis, and Councilman Mize voting for. 2. Consider, and act upon, approving the property tax revenue increase reflected in the budget. Staff Comments Finance Director Beard addressed Council stating the tax rate needed to support the newly adopted FY 2022-2023 Budget is $0.562333 per$100 assessed valuation. This tax rate is the No New Revenue Tax Rate and represents a decrease of$.081418 from the current tax rate. This agenda item is required by state law because there will be an increase in the total tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Council Action A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester,to approve Item 2 as presented. A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing on the proposed tax rate of$0.562333 per$100 assessed valuation for fiscal year 2022-2023 and provide all interested persons an opportunity to be heard, either for or against the tax rate. Staff Comments Finance Director Beard addressed Council stating on August 9, 2022, the City Council voted to accept the calculation of the No New Revenue Tax Rate,the Voter Approval Tax Rate,and the proposed tax rate for the 2022- 2023 budget. Because the proposed tax rate is the No New Revenue Tax Rate and lower than the Voter Approval Tax Rate,the City is not required to hold a public hearing,but in the interest of transparency, a public hearing was scheduled for tonight so that citizens may be heard. All of the required tax information was published in the City's official newspaper,The Wylie News, on August 17 in the"Notice of Meeting to Vote on Tax Rate." Public Hearing Mayor Porter opened the public hearing on Item 3 at 6:36 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Porter closed the public hearing at 6:36 p.m. Council Action No action was taken on this Item. 4. Consider, and act upon, Ordinance No. 2022-57 fixing the M&O tax rate/levy for the Tax Year 2022 and Budget Year 2022-2023 at$0.427919 per$100 assessed valuation. Page 13 10 09/13/2022 Item A. Staff Comments Finance Director Beard addressed the Council stating the tax rate needed to fund the FY 2022-2023 budget is $0.562333 per $100 of assessed valuation. The tax rate has two components: $0.427919 per $100 valuation is allocated for operations and maintenance and $0.134414 per $100 valuation is allocated to fund the General Debt Service Fund. The proposed M&O rate of$0.427919 will generate a General Fund Levy of$28,856,551. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams, to move to approve an ad valorem tax rate of$0.427919 on each$100 of assessed valuation of taxable property for general City purposes and to pay the current maintenance and operations expenses of the City of Wylie,for the fiscal year ending September 30, 2023, and to adopt Ordinance No. 2022-57, fixing and levying the same for a total tax of$0.562333 on each $100 of assessed valuation. A vote was taken and the motion passed 7-0. 5. Consider,and act upon,Ordinance No.2022-58 fixing the I&S tax rate/levy for the Tax Year 2022 and Budget Year 2022-2023 at$0.134414 per$100 assessed valuation. Staff Comments Finance Director Beard addressed the Council stating the proposed I&S rate of$0.134414 will generate a Debt Service Levy of$9,057,658 that will be used to pay the debt obligations. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to move to approve an ad valorem tax rate of$0.134414 on each$100 of assessed valuation of taxable property for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding, for the fiscal year ending September 30, 2023, and to adopt Ordinance No.2022-58,fixing and levying the same for a total tax of$0.562333 on each$100 of assessed valuation. A vote was taken and the motion passed 7-0. 6. Tabled from 07-26-2022 Remove from table and consider Council Action A motion was made by Councilman. Williams, seconded by Councilman Strang, to remove Item 6 from the table and consider. A vote was taken and the motion passed 7-0. Hold a Public Hearing, consider, and act upon, Ordinance No. 2022-59, amending the City of Wylie Municipal Comprehensive Plan. Staff Comments Planning Manager Haskins addressed the Council that on July 26, 2022, Council held a public hearing regarding the CPAC recommended plan and requested a few other minor edits. Council tabled the item awaiting the P&Z Commissioners' formal recommendation on the plan. At the Planning and Zoning Commission's August 2, 2022 meeting, the Commission voted 6-0 to recommend the plan as presented. Public Hearing Mayor Porter opened the public hearing on Item 6 at 6:42 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Porter closed the public hearing at 6:43 p.m. Haskins commended Council, Planning and Zoning Commission, and CPAC for the work they put into this Plan. Mayor Porter called for questions or a motion. Page 14 11 09/13/2022 Item A. Council Action A motion was made by Councilman Strang to approve Item 3 as presented. Councilman Mize stated he wanted to speak on the Item. Mayor Porter stated there was currently a motion on the floor, and he called for a second.Mayor pro tern Forrester seconded. A vote was taken and the motion passed 6-1 with Councilman Mize voting against. 7. Consider, and act upon,the award of a professional services project order(PSPO)#W2022-107-E for Park Boulevard Improvements from Country Club Road to Parker Road(FM 2514)to Teague Nall& Perkins, Inc. in the amount of $1,096,740.00; and authorizing the City Manager to execute any necessary documents. Staff Comments Purchasing Manager Hayes addressed Council stating this PSPO is issued under Master Agreement for Professional and Engineering Services (MAPES). Staff completed a project qualification request with five engineering firms awarded a MAPES. Staff reached out to the five firms requesting the firms to submit a short submittal of why they are qualified. Based on their submissions, staff ranked Teague Nall & Perkins, Inc. (TNP) as the most qualified firm. City Engineer Porter stated that completing a flood study and working with the Soil and Water Conservation District will also be included in this project. This proposed project is to design two lanes of Park Boulevard from Country Club to Parker Road for eastbound traffic and will include a new bridge. This will ultimately make Park Boulevard a four-lane corridor that connects McMillen Drive to the proposed Collin County extension of Park Boulevard east of Parker Road. In support of this project, the Wylie City Council approved a 2021 Bond Program that outlined funding for improvements to Park Boulevard from Country Club Road(FM 1378)to Parker Road(FM 2514). Since a portion of this project lies within the responsibility of Collin County, staff is working with the County on developing an Interlocal Agreement(ILA)for the County's portion of Park Boulevard from Westgate Way to Parker Road. Council Comments Mayor pro tern Forrester asked if staff could provide a proposed timeline for completion of this project, or at least this portion of the project. City Engineer Porter replied the construction of the project should start towards the end of 2023. Councilman.Williams asked if there is any unforeseens' that could cause this cost to change substantially. Porter replied that the design cost should not change substantially, and staff has included potential items that they may come across during this part of the project. Mayor Porter stated he would like to see the planning near the schools be a part of the scope of the document, and asked if sidewalks are a part of this design work. Porter replied that taking a closer look at pedestrian and vehicular traffic will be included in this project,and assessing traffic near the schools is part of the warrant study. There are plans for a trail along this corridor in the Parks plan which is also included in this design. Council Action A motion was made by Councilman Williams, seconded by Councilman Strang,to approve Item 7 as presented. A vote was taken and the motion passed 7-0. 8. Consider,and act upon,Resolution No. 2022-25(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement between Collin County and the City of Wylie, Texas concerning the design and construction of Park Boulevard from Country Club Road to Parker Road. Staff Comments City Engineer Porter addressed Council stating this is a follow-up to Item 7 to accomplish the combined project. The City's project will include the design and construction for the County's portion of Park Boulevard, from Westgate Way to Parker Road. Staff has been working with the County on the attached Interlocal Agreement(ILA). Within the document,the County agrees to reimburse$197,008 of the total$1,096,740 proposed design fees as well as $1,181,546 of the estimated$7,976,000 total construction costs, for their portion of the project. Page 15 12 09/13/2022 Item A. Council Comments Mayor pro tern Forrester confirmed this is a fixed number from the County. City Engineer Porter confirmed that was correct. Councilman Williams asked if it was possible for Council to only approve the design tonight and come back at a later date to consider the construction. Porter stated that is possible; however, the Council would not be receiving a commitment from the County upfront and there is a twenty-five percent contingency on the construction cost that is included in the total amount listed in the ILA. Council Action A motion was made by Councilman Strang, seconded by Councilman Wallis, to approve Item 8 as presented. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, the acceptance of the resignation of Lowell Davis and the appointment of Michael Innella as a new board member to the City of Wylie Construction Code Board to fill the term of August 2022 to June 30,2023. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to accept the resignation of Lowell Davis and the appointment of Michael Innella as a new board member to the City of Wylie Construction Code Board to fill the term of August 2022 to June 30, 2023. A vote was taken and the motion passed 7-0. RECESS CITY COUNCIL Mayor Porter recessed the City Council so that the Parks and Recreation Facilities Development Corporation could meet at 7:02 p.m. CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION(4B) Chair Porter called the Parks & Recreation Facilities Development Corporation (4B) to order at 7:16 p.m. The following members were present: Matthew Porter,Timothy T.Wallis,David R.Duke, Scott Williams, Scott Hevel, and Brian Willeford. Emmett Jones was absent. COMMENTS ON NON-AGENDA ITEMS No citizens were present wishing to address the Board on non-agenda items. REGULAR AGENDA 1. Consider, and act upon, approval of August 24, 2021 Regular Wylie Parks and Recreation Facilities Development Corporation(4B)meeting minutes. Board Action A motion was made by board member Williams, seconded by board member Duke,to approve Item 1 as presented. A vote was taken and the motion passed 6-0 with board member Jones absent. 2. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation(4B)Officers and appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2023 and ending December 31,2024. Board Action A motion was made by board member Wallis, seconded by board member Duke, to appoint Matthew Porter as Chairman and Scott Williams as Vice Chairman; and Brent Parker as President; Renae 011ie as Vice-President; Page 16 1 09/13/2022 Item A. Melissa Beard as Treasurer, and Stephanie Storm as Secretary of the Wylie Parks and Recreation Facilities Development Corporation(4B)for a term beginning January 1,2023 and ending December 31,2024.(2-year term). A vote was taken and the motion passed 6-0 with board member Jones absent. 3. Consider,and act upon,approval of the FY 2022-2023 4B Budget and authorize expenditures for the FY 2022-2023 Community Services Facilities Capital Improvement Plan. Staff Comments Finance Director Beard addressed the board stating the activities of the 4B Corporation are accounted for in two fund types: 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. The 4B Sales Tax Revenue Fund includes departments for the Brown House, Senior Activities,Recreation Center, Stonehaven House, and a portion of Parks and Combined Services. The proposed revenues for the FY 2022-2023 budget year are $5,091,346 which includes an 8.8 percent increase in sales tax revenue from FY 21-22. The proposed expenditures of$4,361,637 include one irrigation technician, Pour and Play surfacing for Olde City Park, replacement of Birmingham Farms playground, drainage flume areas for Founders Park,Parks building HVAC replacement,holiday yard decorations at Olde City Park, a zero-turn mower, and two sets of soccer goals for Dodd Park. A very healthy fund balance of$5,748,334 is projected and the fund balance policy requirement is 25 percent of budgeted sales tax revenue which is equal to $1,031,037. The 4B Debt Service Fund will make bond payments of principal and interest for FY 2022-2023 totaling $388,050 which is supported by a transfer from the 4B Sales Tax Revenue Fund. The current outstanding debt for the 4B fund is $1,115,000 which will be completely paid off in FY 2025. Board Action A motion was made by board member Williams, seconded by board member Duke,to approve Item 3 as presented. A vote was taken and the motion passed 6-0 with board member Jones absent. ADJOURN 4B BOARD A motion was made by board member Duke, seconded by board member Williams,to adjourn the 4B Board meeting at 7:23 p.m. A vote was taken and the motion passed 6-0 with board member Jones absent. RECONVENE INTO REGULAR SESSION Mayor Porter convened the Council into Regular Session at 7:26 p.m. EXECUTIVE SESSION Mayor Porter stated the Council was not going into Executive session this evening. 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 property regarding Project 2022-01 located in the general area of Country Club Rd. and Parker Rd. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. Assistant to the City Secretary Day read the captions to Ordinance Nos.2022-53,2022-54,2022-55,2022-56,2022- 57, 2022-58, and 2022-59 into the official record. Page 17 14 09/13/2022 Item A. ADJOURNMENT A motion was made by Councilman Strang, seconded by Councilman Wallis, to adjourn the meeting at 7:30 p.m. A vote was taken and the motion passed 7-0. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Page 18 15 09/13/2022 Item B. Wylie City Council CITY OF AGENDA REPORT Department: Parks and Recreation Account Code: Prepared By: Brent Stowers Subject Consider, and act upon, approval of the Park Event Application from Wylie High School PTSA, a non-profit organization, o hold the Pirate Dash-Fun Run and 5K at Founders Park on April 15,2023. Recommendation Motion to approve Item as presented. Discussion This is the second annual Pirate Dash-Fun Run and 5K event, requested by applicant Kevin Stewart, to hold a 5k/walk at Founders Park,with the goal to raise money for the Wylie High School Senior Class and Wellness Activity Committee. The group plans to sell drinks, snow cones,food items,t-shirts,memberships,race registrations,and similar. It is anticipated that 15 vendors selling food and non-food will participate in the event,with an expected 250 event attendees. The Parks and Recreation Board approved this application at the August 8`h board meeting. 16 09/13/2022 Item B. Al ITV OF Parks&Recreation Department 949 Hensley Lane, Budding 200 972-516-6340 Parks@wylietexas.gov 11 1 . This application must be submitted a minimum of eight weeks prior to your event date. Special events, meetings, and gatherings (other than typical parties or picnics) will require submission of a Park Event Application prior to reservation approval. Please call the Parks Administration at 972-516-6340 if you have any questions pertaining to the Park Event Application. Applicant Information Name of Organization* Website Wylie High School PTSA Are you a non profit?* Please upload 501c3 Documents Yes No Contact Information Primary Contact Name* Kevin Stewart Event information Event Namediltie* Pirate Dash-Fun Run and 5K Event Type* 5k/Walk Purpose of event* Raise money for the Wylie High School Senior Class and Wellness Activity Committee Event Location* Founders Park 851 Hensley Lane Proposed Event Date* Alternative Event Date* 04/15/2023 04/15/2023 Start Time* End Time* 07:0000 AM 120000 PHI lnclude Setup lnclude Cleanup 17 0911312022 ItemB. oo you plan»u sell items cx any kind? example:drinks,food xnmn.t*oinx.snow mnas. momueomp,. reoi*e/oonet». Yes No Please specify all items you plan tnsell T-shirts and registrations.Vendors selling food and non-food items. Will there ue food items provided? Ton No p|oaso specify the types of food items to be provided Bottled Water Who is providing the food? Applicant Food Vendor Other Anticipated number cx Participating Vendors* Anticipated Event Attendance* 15 250 Event Target Audience* Residents of Wylie, Sochoe. Murphy and surrounding avnmn. Event Details* This is the second annual fun run and 5w for the Wylie High Gcxnn| PTSA Senior Committee and VvpUnonn Committee. It will consist of a 1 mile fun run for kids and families followed by a 5K run/walk that in timed bya timing vendor,such as Delta View Timing which was used pmvinvo|y. Proceeds will go toward the Gonin, Celebration no well astnthe Wellness Committee fund to improve that p,qVmm at Wylie High 3rxno| Event Announcement and/or Flyers NOTE: |r food ia prepared vn site or off-site and brought mthe event location mbe offered m the public,free nrn*cost,the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order ,o inquire whether o Temporary/Short-Term s"on,Food Service/Health permit is required prior m the event. It is possible that m health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact the Environmental Services Specialist at 972'548'5528 o, 972-548'5585� The Collin County webaite is www.cn||inuvuntym.gov. Sec. 78'1O5nf the City Code o|Ordinances states: U shall be unlawful for any person tv solicit for sale, vend, peddle, sell or offer m sell any cold dhnks, oignrs, mba:co, cigam«eo, hvi,,, candiov, gnvda, nmn:a or merchandise of any kind or nature whatsoever within the municipal parks or n,on,ahvn or community center facility; pmvidnd, however, that this section"hoU not apply*z any pers"n, orOanizmtion,firms or corporations,or the agents of any perxon, or organization,firm or corporation, nr employee nrany person who an, recommended by the Parks and Recreation Board and approved by the City Council to operate a concession o, concessions for the no|e of specified govdo, wanvo, and merchandise within the municipal parks or recreation or community center facilities o|the city. Signature omv� 06o0/2022 18 09/13/2022 Item C. Wylie City Council CITY OF AGENDA REPORT Department: Parks and Recreation Account Code: Prepared By: Brent Stowers Subject Consider, and act upon, approval of the Park Event Application from Fancyberriesco representative Jazmine Garcia,to host he Fancy Mart Art Market event at Olde City Park on Saturday,November 5, 2022. Recommendation Motion to approve Item as presented. Discussion This is the second Fancy Mart Art Market event hosted by Fancyberriesco representative Jazmine Garcia, at Olde City Park, with her first event having taken place at Olde City Park on July 16, 2022. Ms. Garcia's purpose for the event is to host an art/craft fair featuring local, emerging, and new artists in the City of Wylie. She expects 30 participating vendors with the intention to sell handmade items, original artwork, prints, stickers, ceramics,jewelry, and other similar items to a targeted audience of students,parents, and members of the community. Ms. Garcia does not intend to sell food items using vendors or otherwise during this event. The applicant is not a non-profit organization. The Parks and Recreation Board approved this application at the August 8th board meeting. 19 0911312022 Item C. C -TY OF' Parks&Recreation Department 949 Hensley Lane,Building 200 972-516-6340 1 Parks@wylietexas.gov r This application must be submitted a minimum of eight weeks prior to your event date. Special events, meetings, and gatherings (other than typical patties or picnics) will require submission of a Park Event Application prior to reservation approval. Please call the Parks Administration at 972-516-6340 if you have any questions pertaining to the Park Event Application. Applicant Information Name of Organization* Webolte Fancyberriesco Are you a non profit?* Yes No Contact Information Primary Contact Name* Jazmine Garcia Event Information Event Nameyritle* Fancy Mart Art Market If other,please explain* EventType* Art/craft fair featuring local,emerging and new artists Other in the area, Purpose of event* Create an environment and platform for young and emerging arfists in the City of Wylie. Event Location* Olde City Park 112 S Ballard Avenue Proposed Event Date* Alternative Event Date* 10/15/2022 11/05/2022 Start Time* End Time* 01:00:00 PM 05:00:00 PM include SeLup include Cleanup 20 0911312022 Item C. Do you plan to sell items of any kind? exarnpI6�drinks,food tems,t-shirts,snow cones, memberships, registratic)ns etc, Yes No Please specify all items you plan to sell Handmade items,original artwork, prints,stickers, ceramics,jewelry and more, Will there be food items provided? Yes No Anticipated number of Participating Vendors* Anticipated Event Attendance* 30 150 Event Target Audience* Students, parents, members of the community Event Details* Hello!The art market this month went well,We had 10 students in the middle schools and high schools participate and they got to connect with local and established artists in the area.The majority of the vendors were local artists who were new to selling in person and/or just started sharing their work. Additionally,students who participated got to learn what it takes to create and sell their art,wether they plan to turn art into a career or enjoy it as a hobby.Transitioning to hosting a market in the fall instead of summer would encourage the community to do their holiday shopping locally with better weather conditions, Event Announcement and/or Flyers NOTE: If food is prepared on site or off-site and brought to the event location to be offered to the public,free or at cost, the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact the Environmental Services Specialist at 972-548-5528 or 972-548-5585. The Collin County website is www.collincountytx.gov. Sec, 78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobacco, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility; provided, however, that this section shall not apply to any person, organization,firms or corporations,or the agents of any person, or organization,firm or corporation, or employee of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the municipal parks or recreation or community center facilities of the city� Signature Date 07/27/2022 21 09/13/2022 Item D. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Final Plat of Butler Estates Addition, being a replat of Lot 6, establishing two ETJ lots on 5.005 acres in the City of Wylie Extra Territorial Jurisdiction,located at 1856 Butler Drive. Recommendation Motion to approve Item as presented. Discussion OWNER: Victor Poole APPLICANT: Boundary Solutions The applicant is proposing to divide Lot 6 of the Butler Estates subdivision into two lots (Lots 6R1 & 6R2). The purpose of the replat is to subdivide an existing five-acre lot to allow for the construction of a new single-family home. The property is located outside of the City limits within the Extra Territorial Jurisdiction and was originally platted in 1982. 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. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Recommendation The Commission voted 6-0 to recommend approval. 22 09/13/2022 Item D. WI 2 PROPERTY°INNER'S CERTTICATE BUTLER ESTATES VOL G,PG 262 POINT OF _ a a,e y. r mo BEO,NN,NG� Butler Rood S ep'3,02"E .... BEGMNING of a d Lot6 0..at the Northeast corner o sad Lot an whichO/,.in,steelo.,found �3DD E 12aDO 892,E 6 ell corner of .. _ THENCE South 89 de,es 31 minutes 02 seconds Ecst.9.17.,feet olong said ButIer Road to o pl,nail set al the Northeast corner ofso,Lol 6,and at on I/2 STEEL PGLot 5,T VLOT 5 ER ES,U1.5 .,sf eo no of Lot 5, mnr3c-d Nc '2.. aef Oo ad 5uaood to 0'/2 moll aso.found of the S.ut e 5t corn,o nod.o.6,and of the en rT EASEMENT wee,w+z THENCE Nort,82 degrees,Minla0.5 28 seconds West,.+17.16 feet lo arr angle iron found at the SOCalataa comer of SOO Lot 6.and ot the Soothe°.corner Of SOO Lot 1.0?6R2 ors of,inn. degrees 20 mina ..sands Ea ( onus can Line).52313 feet along s West .of said o,e o Ow Pon aE BECNN1NG,con a y 5 005 1.285 ACRES a(uixvs enrnx�vT NOW,THEREFORE KNOW M I MEN BY THESE FRESEN,.c ( Um:Viclor.0 Poole and Ravin A Poo/e.do hereby odopl thJs plot...goofing the herefr,obove described p.roperly a:Rep?,or But.E,lot,lot 6RI&I ot S.G.2,on Addibon ( shown Iher,on. ihe,treels and olleys,,ony a,ded,cot,fof stf eet purposes The easemen,,ond public 1,,urea,.as shown,ore dedicated.for the pub,une forever,(of >2 ie E T.,.,Coil,County.re,os.a,does hereby dedicote..fee sun,.to the pub,use f orever,the streets,rights-of-way.ond other putdec improvements the purposes radical.'on this olot No buildings.fences.trees.shrubs or otker improvements or growths shollbe consloucted orploced apon,over cr ac,oss the easements n 823t0? W 93.0 ,wxaes (h6 ers the rase tOmitst e use t cu Ora es said use y ,utilities g bardmute to easements. 2c uNlit,es desiring to �O t e phcs cod y olso be used for the mutual use ond accommodation of d use .rsing e Wyl,e's ose thee, Wylie and pub,utelfty ent,tfes shall have(he rfght to rerno,,e and I,e6a farlaae,.,parts,any..11dinga fences,tree,shrubs or other Impro,ements or , 1 . public utility entities shall,alltimes have the liellright of ingress and egress to or-from their respecfive easements for the purpose of constructing,recoostrocfing. LOT 7 El h anyone.This pl,approved subje,to ai/p/aIting ardinaoces,rules. g tons and resolutions of the Oty y,Texas. ER E' n VOL C.PG.462 s,y 8 z h ,u nit.L YV PT ,S Y and,this,i Y ,20 yT S, Y .tiro the y f ,20_ �' m t day aJ m n do 0 \ m Aul,ion.e g urn of owner Authwizn g race oT owner \ LOT 6RI [OT a Printed Nome and iiUa Printed Nameaid Title 3.720 ACRES _ U'TLER F.5'rAIFS , ry W01_C PC.462 _ _ REFORE me,th6 undersigned authority,a Notary Pub,in ond for!be Sta., 52.:FORE ry,Ihe undersigned authority.a Notary Pub,in aal l0,118 State ar \\ reNa,on this doy personally oppeored W,ctor D Poo...known to me to be the person whose name is subscrebed lo the(urea.,,nstrurnent and acknMedged axma radfasa e o opu poe a,..c dm arost s,sn a me thothe Tex,on this day personay appeared Paulo A Poole,known,me.be Ihe exec.,.the aame forthe purpose and rosdeator therein FLOOD NOTEp expressed p .,_a Subject trod locates'n Zone"Xfrom , .r"1 R IV 480550535,doled June 2,2009 GIVEN UNDER MY NAND AND SEA,OF OFFiCE this doy of DER MY AND AND SEAL OOFFICE.nor Cay of , Zone'X'--Areas determined to be outs.the for ctory Put,in oncl for Col., wo r� ........— N a9 39 ae"+✓ IT.TG oand es Collin n County.Texas Count,Texas -ys m,texas no,n CentrN 0,- _0_,nADa,. t 5/5 molls VA red plo,lec COP stomped,oundary Solutions N OW, BUTLER ESIAIES SURVEYOR,CERTInCATE VOL.C.PG Abe tots I KNOW ALL MEN EY THESE PRESENTS. withholdings of utihties d budding 9 perm. that I hove ared this 11 Wooed on. susevso occoraace t p es and gto s of the „Te nnnn TH,DOCUMENT SHALL NOT BE r. RECORDED,OR ANY PURPOSE nr� t ew e y PL5 575T -- c(ves mc). 5"fov mey oe STATE OF TE,AS 20,2NlY or collet e o ended o TP owl / ors. s _,pa„ sac n s subscribed to the forego,Fost.romentthe executed the , some for the purpose Or,considercfions the,e,n expressed SCALE: 1"=50' y e o p minas On Dxa ed ,e.mt:e,nt f t h , ... C2VEN UNDER Mr AND AND TEA tiles OF G.ETt es doy 20 100 2DD R E PLAT en� e,ne se Dote Notary BUTLER ESTATES Wylie.Texas n and for Coln County.Texas aw).odeda ed D LOT 6R1 &LOT 6R2 .x n TOTAL ACREAGE=5.005 ACRES 7,,a „ermad e e =eTa, J.D. SHELBY SURVEY,A-819 e CITY OF WYLIE E.T.J. 2,__,end tNe.Coma,by formol oction :Imo and there HE DEPARTMENT CERTIFICATION: 8 g OLLIN COUNTY,TEXAS and so,d Council further oulber,ed. thereof by Sfgrt,JIFS name as hero,above subscribed Gs T Witness ,hood thJs day of on-site sewage as ore paned to be used SURVEYOR: OWNER: Boundary Solutions Victor D. Poole .._._._... 116 McKinney t. Paulo A. Poole VICINITY MAP y y ex„ g - BND 50L 5onte tl 2t,1 B 3 I ers II IX 78.6 Butler Road J ((dot,o sm,eJ cn ne r.�uary D��_„p,nant s..r.s y 1B,zozz _74 499 8 72 Wylie, TX 75098 23 09/13/2022 Item E. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: Brent Parker Subject Consider, and act upon, Resolution No. 2022-26(R) authorizing the City Manager to execute an Interlocal Public Transit Service Agreement with the Dallas Area Rapid Transit. Recommendation Motion to approve Item as presented. Discussion In 2016,the City of Wylie and the Dallas Area Rapid Transit first entered into an agreement to provide a demand responsive transportation program within Collin County that is available to residents of the City who are 65 years of age or older or who have a disability. The DART Board approved to advance the Collin County Rides program through FY2023. However, the Board has voted to discontinue the program after this one-year extension. The attached ILA for public transit service outlines the terms of the agreement,which include but not limited to: • Available to residents of Collin County who are 65 years of age or older or who have a disability • Users are required to pay a fare per trip and/or percentage share of the subsidy value • Rides available between 5:00 am and 12:00 am Monday through Saturday • Rides available between 7:00 am and 12:00 am Sundays and holidays • The terms of the Agreement shall begin October 1, 2022 and terminate at midnight on September 30, 2023. • Wylie shall assist in marketing and communications of services to residents. • 125 projected program participants. (Exhibit A) The Not to Exceed total for FY23 is $48,207. If demand increases beyond the annual payment, City incurs the risk. 24 09/13/2022 Item E. RESOLUTION NO. 2022-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL PUBLIC TRANSIT SERVICE AGREEMENT BETWEEN THE DALLAS AREA RAPID TRANSIT AND THE CITY OF WYLIE CONCERNING AN ON DEMAND RESPONSIVE TRANSPORTATION PROGRAM WITHIN COLLIN COUNTY TO RESIDENTS WHO ARE 65 YEARS OF AGE OR OLDER OR WHO HAVE A DISABILITY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, the Interlocal Public Transit Service Agreement between the Dallas Area Rapid Transit and the City of Wylie concerning a demand responsive transportation program. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13`h day of September, 2022. Matthew Porter,Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2022-26(R)DART ILA Page 1 of 2 25 09/13/2022 Item E. EXHIBIT "A" Interlocal Agreement Resolution No. 2022-26(R)DART ILA Page 2 of 2 26 09/13/2022 Item E. EXHIBIT 2 STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE This Interlocal Agreement (the "Agreement") is made by and between Dallas Area Rapid Transit Mobility Service, LGC ("LGC"), a Texas local government corporation organized and existing pursuant to Subchapter D of Chapter 431 of the Texas Transportation Code and the City of Wylie, Texas ( "WYLIE") a Texas municipal corporation whose address is 300 Country Club, Building 100,Wylie,Texas 75098 (collectively,referred to as the"the Parties"or individually,as a"Party"). RECITALS WHEREAS, the LGC began a demand responsive transportation program within Collin County that is available to residents of WYLIE who are 65 years of age or older or who have a disability (the "Service"); and WHEREAS, WYLIE has provided funding to support the operation of this Service since 2016 and has deteiuiined that the Service is beneficial to the residents of WYLIE; and WHEREAS, WYLIE may modify the amount that the WYLIE residents pay for the Service through this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, the mutual benefits to each Party, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Term and Termination 1.01. The term of this Agreement shall begin on the 1st day of October 2022, and terminate at midnight on the 30th day of September 2023, ("the Term"). Notwithstanding the foregoing to the contrary or any other termination provisions contained herein, either Party may terminate this Agreement by giving the other Party one-hundred twenty (120) calendar days advanced notice of teluiination. 1.02. In the event that either Party shall fail to perform any of their respective material obligations under this Agreement, the non-defaulting Party shall have the right to terminate this Agreement if the defaulting Party has not cured any such failure to perform within thirty (30) calendar days following written notice by non-defaulting Party of such failure. 1.03. In the event that WYLIE fails to make any payment required by Section 4.04 of this Agreement, LGC shall have the option, at its sole discretion, to suspend such Service within WYLIE or require that residents of WYLIE pay a higher fare or percentage share of taxi vouchers 27 09/13/2022 Item E. EXHIBIT 2 for the Service. The suspension or revised user fees may continue until payments from WYLIE resume. 1.04. If program costs are greater than the WYLIE Not to Exceed amount, any cost overruns shall be the responsibility of the WYLIE. 2. Service Description 2.01. Service includes weekday contract dedicated service as operated by the LGC contractor. During the Term of this Agreement, the Service may be replaced with a transportation assistance program to provide accessible public transportation services for the eligible residents of Collin County, including WYLIE. 2.02. Except as may be limited in accordance with Section 1.03, Service shall be available to residents of Collin County who are 65 years of age or older or who have a disability and who have no access to alternative private or public transportation. 2.03. Eligible users of Service provided under this Agreement will be required to pay a fare per trip and/or percentage share of the subsidy value provided for the Service. 2.04. Eligible users of Service shall be required to schedule ride requests and rides will be available on-demand between the hours of 5:00 am and 12:00 am(midnight)on Monday through Saturday and 7:00 am and 12:00 am (midnight) on Sundays and holidays. 2.05. Users of Service who fail to cancel a previously scheduled or regularly scheduled trip at least one hour in advance of the pickup time shall pay a fee in an amount as required by the LGC. 3. LGC Duties and Responsibilities 3.01. LGC shall cause a contractor to provide the Service, including vehicles, drivers, supervisors, call center and scheduling staff, and any other staff or services required to provide the Service. 3.02. LGC may cause its contractor to clean, fuel and otherwise maintain any vehicles needed to provide a dedicated service. 3.03. LGC may cause a taxi or other transportation service to provide voucher management services, technology, software or other services, supplies, or equipment necessary to operate a user transportation assistance program. 3.04. LGC shall be responsible for the call center, customer information, complaint resolution, data collection, accounting, passenger ridership, invoicing, reconciliation of all invoices, and payment of contractors and suppliers. 28 09/13/2022 Item E. EXHIBIT 2 3.05. Perfoiinance Measures and Reporting. LGC shall provide WYLIE with information regarding ridership, on-time performance of the Service, costs, and number of users, within thirty(30) calendar days of receipt of such information from the contract provider. 3.06. LGC shall convene quarterly meetings with WYLIE staff to discuss the Service. 3.07. LGC shall cause to be prepared planning, engineering, and financial planning services and data required by the North Central Texas Council of Governments ("NCTCOG"). NCTCOG is responsible for funding and managing the development of the County Transit Service and Financial Plan, which will include WYLIE. This NCTCOG plan will meet the WYLIE obligations as required by Policy IIL07 to develop a 20-year transit service and financial plan during the Term of this Agreement. Following the completion of the transit service and financial plan by NCTCOG, the WYLIE shall develop a plan for WYLIE membership in DART. 3.08. LGC shall distribute to WYLIE and analyze any available surveys of the Service. WYLIE may provide input regarding the design of the survey instruments if any are used. 4. WYLIE Duties and Responsibilities 4.01. WYLIE shall allow the LGC to operate the Service on WYLIE streets including contract dedicated service or taxi services. 4.02. WYLIE shall assist in marketing and communications of Service to residents,using the WYLIE website, resident newsletters, or other methods of communication controlled by WYLIE to infoiin residents about the Service. 4.03. WYLIE shall cooperate with the NCTCOG, NCTCOG consultants, and LGC to prepare a Collin County Service and Financial Plan, as required by DART Policy 11I.07. Cooperation shall include, by example and not limitation,participating on policy, stakeholder and technical advisory committees, providing information about WYLIE economic development, demographic projections, financial projections, and reviewing and commenting on the Collin County Service Plan as required under DART Policy 11I.07. The cost of the planning prepared by NCTCOG will be the responsibility of NCTCOG. 4.04. Commencing October 1,2022,and on the first day of every month thereafter during the Term hereof, WYLIE shall pay LGC WYLIE's share of the Service as shown in Exhibit A to the following address: Dallas Area Rapid Transit Accounts Receivable P.O. Box 840009 Dallas, TX 75284-0009 The final monthly payment of each year will be adjusted to reflect the annual total Not-To-Exceed amount shown in Exhibit A. Any payments made under this Agreement shall be made from revenues currently available to the Parties. The provisions of Chapter 2251 of the Texas 29 09/13/2022 Item E. EXHIBIT 2 Government Code shall apply to payments under this Agreement. The amount due hereunder is subject to change in the event that WYLIE requests a change in the program or LGC grant funds are depleted. 5. Joint Marketing and Communications. The Parties acknowledge that marketing and communications regarding the Service may require the use of marks and logos that are owned by each of the Parties. The Parties agree to such limited use of their individually owned or registered marks, logos, and trade names in connection with providing and promoting the Service under this Agreement. Any right to use such marks and logos shall terminate upon the termination or expiration of this Agreement. 6. Force Majeure. LGC shall at all times use reasonable commercial efforts to provide or cause the Service to be provided continuously, however, LGC does not warrant or guarantee uninterrupted Service and shall not be liable for any special, direct or consequential damages relating to or arising from an interruption in the Service. The obligations of the Parties to perfolui under this Agreement shall be suspended to the extent that either or both are unable to perform as a result of causes beyond the respective Party's reasonable control and without such Party's fault or negligence, including but not limited to, equipment breakdown, accidents, acts of nature and governmental action. In such event, the affected Party shall use reasonable efforts to eliminate the cause as quickly as possible. 7. Planning. On July 1, 2023, LGC shall provide a projected pricing schedule for continuation of the Service beyond the Term. WYLIE shall notify DART in the event that, prior to July 1, 2023, WYLIE has determined not to continue funding for the Service after September 30, 2023. 8. Audit and Retention of Records. Any Party shall have the right to request an audit of another Party's records related to the operation of the Service. The Parties shall retain adequate records for auditing purposes for a period of three years after final payment hereunder. 9. Indemnifications 9.01. To the extent permitted by applicable law, LGC shall defend, indemnify and hold WYLIE, and its officers, employees, visitors and contractors, harmless from all loss, cost and expense by reason of injury(including death), to any person, or damage to property, arising out of or from any accident or other occurrence taking place during the performance of this Agreement, which injury or damage results from negligence on the part of LGC, its agents, employees, or contractors. 9.02. To the extent permitted by applicable law, WYLIE shall defend, indemnify and hold LGC, its directors, officers, employees and contractors, harmless from all loss, cost and expense by reason of injury, (including death), to any person, or damage to property, arising out of or from any accident or other occurrence taking place during the performance of this Agreement, which injury or damage results from negligence on the part of WYLIE, its agents, employees or contractors. 30 09/13/2022 Item E. EXHIBIT 2 9.03. WYLIE hereby releases, indemnifies, defend, and holds DART harmless from all loss, cost and expense by reason of injury, (including death),to any person, or damage to property, arising out of or from any accident or other occurrence taking place during the performance of this Agreement, which injury or damage results from any negligence or misconduct on the part of the indemnifying Party or its agents, employees or contractors, whether now known or otherwise. In the event of any third-party claim against DART arising out of the terms of this Agreement, the Parties shall jointly provide any necessary defense with counsel reasonably acceptable to DART, so as to eliminate liability on the part of DART, it being acknowledged that DART is not a Party to this Agreement. 9.04. In the event of joint or concurring negligence or fault of both Parties, liability, if any, shall be apportioned comparatively in accordance with the law of the State of Texas. The provisions of this section are solely for the benefit of the Parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity, nor limit the right of LGC or WYLIE to assert any governmental immunity defense to any claim of another Party or entity. The provisions of this section shall survive termination or expiration of this Agreement. 10. Miscellaneous Provisions. 10.01. Notices. Any notice by any Party shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by United States mail, certified,return receipt requested, in a postage paid envelope addressed to the Parties as set out below: LGC: c/o DALLAS AREA RAPID TRANSIT P.O. Box 660163 Dallas, Texas 75266-7213 Attention: Rob Smith Vice President, Planning and Development WYLIE: City of Wylie Attention: Brent Parker, City Manager 300 Country Club Road, Building 100 Wylie, Texas 75098 With a copy to: Abernathy, Roeder, Boyd, and Hullett, P.C. Attention: Richard Abernathy, City Attorney 1700 N. Redbud Blvd., Ste. 300 McKinney, TX 75069 A Party may designate another address by giving notice thereof to the other Parties. 10.02. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. There shall be no third-party beneficiaries of this Agreement. 31 09/13/2022 Item E. EXHIBIT 2 10.03. Fiscal Funding. WYLIE is a political subdivision of the State of Texas (or creation thereof). WYLIE shall have the right, upon the failure of the governing body of WYLIE to appropriate sufficient finances to fund of this Agreement, to terminate this Agreement as of the effective date of such lack of fiscal funding. When exercising this right, WYLIE shall give notice to LGC of any such failure of funding within thirty(30) calendar days of the ordinance passage. 10.04. Construction and Drafting. The paragraph headings in this Agreement are intended for convenience only and shall not be taken into consideration in the construction or interpretation of this Agreement. Whenever used herein, unless the context otherwise provides, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders. Both Parties have participated in the drafting hereof and accordingly no party shall be given credit therefor in the interpretation of this Agreement. 10.05. Partial Invalidity. Any portion of this Agreement being declared by law to be invalid shall not invalidate the remaining provisions which shall remain in full force and effect. 10.06. Merger and Amendment. This instrument constitutes the entire agreement of the Parties with respect to matters contemplated herein, and it may be modified or amended only in writing, signed by all Parties hereto and in accordance with the terms hereof. 10.07. No Partnerships or Joint Enterprise. It is mutually understood and agreed that this Agreement is intended by the Parties to establish only an independent contractual relationship and is not intended to create a partnership or joint venture between the Parties. 10.08. Use of Contractors. Nothing in this Agreement shall prevent a Party from using a contractor or agent to perform the duties and responsibilities contemplated by this Agreement. 10.09 Assignment. No Party may assign its rights and obligations or either under this Agreement, in whole or in part, without first obtaining the prior written consent of the other Party, which consent may be withheld for any reason. No assignee or successor may further assign, in whole or in part, its rights and obligations without prior written consent of the other Party to this Agreement at the time of further assignment. 10.10 Entire Agreement. The recitals and exhibits to this Agreement are incorporated herein for all purposes. This Agreement constitutes the entire agreement of DART and TOWN with respect to the subject matter hereof. In the event of conflict between the exhibits and this Agreement,the terms of this Agreement shall prevail. 10.11 DART Board Policy IIL07. The Provisions of the DART Board Policy are incorporated herein and binding on the Parties hereto. Any renewal of this Agreement must be approved by each Party and the DART Board of Directors. 32 09/13/2022 Item E. EXHIBIT 2 (SIGNATURES ON THE FOLLOWING PAGE) 33 09/13/2022 Item E. EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple originals as of the day of , 2022. DALLAS AREA RAPID TRANSIT MOBILITY SERVICE, LGC By: CITY OF WYLIE By: City Manager 34 09/13/2022 Item E. EXHIBIT 2 Exhibit A .....................................................................................................................................................................................v �t oll t 3\�Y(j<<il1h�Ul1 11Ip1.il1Iy1ly1 11�pl.it�Ip�1.il�i`14�1 11�VyY il�`IV�y, 1 Participant ^Projection , �v Program Participants 125 Fares � v i i i �1S°q�y��aCC��l�I�� tvl ltl r i�,civC t t Yy y tvv tyt 7 d� 1t ! i i ti t r Projection^ ti a1i 4l i\il rl i i ti '` ili `Z l4 Ylv l d5 `t d\v a`(Yl d kl j Trip Projections(Quantity) 2,562 Fares $ 44,041.13 Avg. Cost/Trip $ 17.19 Fare Expense $ 44,041.13 DART Staff $ 19,727.12 Purchased Transportation Fxd. Cost $ 22,859.98 G &A- 10% $ 6,690.11 Program Expenses $ 93,318.34 `Yr N�"`1l�li 44 Revenue (��p ���� }1N���i P jectiJoi y {\FY23 lryl s N I (1;'`IC \\ ;l W C( u ) ti j yivY?jvt r 1j4`i1 Participant Fare Contribution (25%) $ 11,010.28 $ 14,105.08 Cities Required Revenue $ 96,413.14 Total Revenues $ 107,423.42 Total ILA Revenue From Cities $ 48,207.00 Grant funding $ 48,207.00 Total Revenues $ 107,423.00 35 09/13/2022 Item F. , Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: Various Prepared By: Glenna Hayes Subject Consider, and act upon,Modification No. 1 to Wylie Contract#W2021-76-A for Employee Medical, Dental and Rx Benefits with Cigna Health and Life Insurance Company in an estimated annual amount of$350,000.00; and authorizing the City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion The City received its renewal from CIGNA for the 2022-2023 plan year. For the medical plan,the overall rates increased an average of 7.25%for the City, with enhancements for the following benefits: -Durable Medical Equipment(DME)will be covered at 100%, and -Cigna is amending in-office procedures and injectables,to be covered under the office visit copay. All other medical benefits and the plan design remain the same. For the dental plan, the rates did not increase, and Cigna is enhancing the Out-of-Network reimbursements for dental providers. All other dental benefits and the plan design remain the same. Staff recommends approval of Modification No. 1 to Wylie agreement#W2021-76-A with Cigna Health and Life Insurance Company which will increase the overall annual expenses by an average 7.25% (approximately $350,000) as providing the best overall value to the City. This modification is for year 2 of the initial 3-year term(additional renewal periods remaining), for employee medical, dental and Rx benefits. WYLIE AGREEMENT#W2021-76-A 09/13/2022 Item F. CIGNA HEALTH and LIFE INSURANCE COMPANY MODIFICATION NO. 1 Medical Enrollment and Costs by Tier FY 2022 CIGNA Tier Enrollment Employee Cost Monthly Rate Open Access Plus EE Only 313 $0.00 Open Access Plus Plus Spouse 14 $544.01' Open Access Plus Plus Child(ren) 58 $246.97 Open Access Plus Plus Family 66 $594.15 Medical Enrollment and Costs by Tier FY 2023 CIGNA Tier Enrollment Employee Cost Monthly Rate Open Access Plus EE Only 325 $0.00 Open Access Plus Plus Spouse 17 $584.83 Open Access Plus Plus Child(ren) 57 $265.50 Open Access Plus Plus Family 70 $638.73 37 09/07/2022 09/13/2022 Item G. Wylie City Council CITY OF AGENDA REPORT Department: Purchasing Account Code: 100-5211-56040 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of Modification No. 2 to an Interlocal Agreement for Jail Services for Class "C" Misdemeanors with Collin County Detention Facility, Collin County, Texas, in an estimated annual amount of$3,000.00 through an Interlocal Agreement, and authorizing the City Manager to execute any necessary documents. Recommendation I otion to approve Item as presented. Discussion The City currently has an Interlocal Agreement with the Collin County Detention Facility for the housing of persons accused of,or convicted of,a class"C"misdemeanor.The original term of the Interlocal Agreement was from October 1,2020 through September 30, 2021. On August 10, 2021, Amendment No. 1 to Collin County Agreement No. 2020-337 to renew the agreement for the period of October 1, 2021 through September 30, 2022 was presented and approved by the City of Wylie, City Council. The County has issued Modification No.2 to Agreement No.2020-337 to renew the agreement for the period of one(1)year, beginning October 1, 2022 through and including September 30, 2023 at a rate of $76.54 per day/per inmate. Staff recommends the renewal of this Interlocal Agreement for the stated term and any subsequent renewal periods,in the estimated annual amount of$3,000.00. Collin County Detention Facility Agreement No. 2020-337/City of Wylie Agreement#W2020-86-I. This item is in support of strategic goal "Health, Safety and Well-Being"of Wylie citizens. 38 09/13/2022 Item H. Wylie City Council CITY OF AGENDA REPORT Department: Code Enforcement Account Code: 100-5181-56040 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of Modification No. 1 to an Interlocal Agreement with Collin County Environmental Health Care Services to provide public health functions in the estimated annual amount of$48,368.00; and authorizing the City Manager to execute any necessary documents. Recommendation otion to approve the Item as presented. Discussion The City has been in partnership with the Collin County Environmental Health Care Services Department to preform public health functions as authorized to perform under Chapter 121, Texas Health and Safety Code. These services include Environmental Health Services, including, but not limited to, inspections of day care facilities, restaurants and other food service facilities,hotels/motels,bed and breakfast establishment, and other environmental health complaints. The County has issued Modification No. 1 to Agreement No. 2022-039 to renew the agreement for the period of one(1)year beginning October 1, 2022 through and including September 30, 2023 at a rate of$.80/resident of the City of Wylie (60,460 residents) for an estimated annual expense of$48,368.00. Staff recommends the renewal of this Interlocal Agreement for the stated term and all subsequent renewal periods. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code. Approval of this item will establish an annual agreement with four(4)additional renewal periods (annual fees subject to the City's population number). Collin County Agreement No. 2022-039/City of Wylie Agreement W2022-4-I Health, Safety and Well-Being. Award of this contract assists the City in meeting its health and safety goals. 39 09/13/2022 Item 1. Wylie City Council CITY OF AGENDA REPORT Department: City Manager Account Code: Prepared By: City Manager Subject Consider, and act upon, the submission of an Official Ballot for the Texas Municipal League Intergovernmental Risk Pool t oard of Trustees Election. Recommendation Motion to cast the City's ballot for the election to the TML Intergovernmental Risk Pool Board of Trustees to for Place 6, for Place 7, for Place 8, and for Place 9. Discussion The City of Wylie is a member of the Texas Municipal League Intergovernmental Risk Pool. The TMLIRP defends the City in cases of workers compensation,property, and liability litigation. The members serve a six-year term. The attached ballot has additional information regarding each candidate. 40 09/13/2022 Item 1. OFFICIAL BALLOT Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election This is the official ballot for the election of Places 6—9 of the Board of Trustees for the Texas Municipal League Intergovernmental Risk Pool. Each Member of the Pool is entitled to vote for Board of Trustee members. Please record your organization's choices by placing an "X" in the square beside the candidate's name or writing in the name of an eligible person in the space provided. You can only vote for one candidate for each place. The officials listed on this ballot have been nominated to serve a six-year term on the TML Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. The names of the candidates for each Place on the Board of Trustees are listed in alphabetical order on this ballot. Ballots must reach the office of David Reagan, Secretary of the Board,no later than September 30, 2022. Ballots received after.September 30,2022, cannot be counted. The ballot must be properly signed and all pages of the ballot must be mailed to: Trustee Election, David Reagan, Secretary of the Board, P.O. Box 149194,Austin,Texas 78714-9194. If the ballot is not signed,it will not be counted. RECEIVED AUG 2 3 2022 OFFICE OF THE CITY MANAGER Page 1of6 41 • 09/13/2022 Item 1. PLACE 6 El Allison Heyward: Councilmemb r for the City of Scheitz(Region 7) since 2018. She also serves as the Mayor Pro Tem. Mrs.Heyward was appointed to represent the Texas Municipal League Board of Directors as an ex-officio non-voting member of the Board of Trustees of the Texas Municipal League Intergovernmental Risk Pool. She earned a Bachelor's Degree in Accounting from Texas Southern University in 1990 and is a 2020 graduate of the Chamber Leadership Core Program. She is a TML Leadership Fellow, a Certified Municipal Officer (CMO), as well as a member of the TMRS Advisory Board on Benefit Design. Kimberly Meismer. Assistant City Manager for the City of Kerrville (Region 7). Ms. Meismer has over 25 years of _ service,which includes serving Kerrville and La Porte. She earned a Master's Degree in Public Administration from the University of Texas at Arlington and a Bachelor's Degree in Human Resource Management from Columbia Southern University. She is a member of TCMA and serves on the Ethics Committee as the Region 8 Representative. She is also serving a second year as the Chair of the Ethics and Integrity Award subcommittee. WRITE IN CANDIDATE: Page 2 of 6 42 09/13/2022 Item 1. PLACE 7 ❑ Mary Dennis (Incumbent). Mayor for the City of Live Oak (Region 7) since 2010. Mayor Dennis has served on the TML Risk Pool Board since 2018. She is currently Vice- Chair of the TML Risk Pool Board, and on October 1, 2022, will begin a two-year term as Chair. Among her numerous civic activities are serving as 2016/2017 President for the Texas Municipal League, 2021-2023 NLC Board Director, Treasurer of the Greater Bexar County Council of Governments, Chair of the Judson ISD Facilities Committee, Chair of the Bexar County Suburban Cities Committee, and President of the Live Oak Economic Development Corporation. She is also a 2019 Inductee of the San Antonio Women's Hall of Fame and the 2019 San Antonio Women's Chamber of Commerce"Comet Award." ❑ James A. Douglas, Ph.D. City Councilmember for the City of Kenedy (Region 7). Dr. Douglas is a current criminal justice instructor at Kenedy ISD. He is a national Law and Public Safety Education Network(LAPSEN)Honor Teacher who, along with some of his students, recently participated in the Washington, D.C. National Academy of Law and Justice. The LAPSEN Honor Teachers were identified from a national application process to identify educators with a passion for law and justice, excellence in leadership and teaching. ❑ Rebecca (Becky)Haas. Mayor of Richmond(Region 14). Mayor Haas is a business-owner in the historic downtown district of Richmond. She is a direct descendant of one of Stephen F. Austin's first settlers in Texas who are known as the Old Three Hundred. She is Chaplain for and a charter board member of the Descendants of Austin's Old Three Hundred organization. She is passionate about Texas history, a member of the Fort Bend County Historical Commission, a former member of the Richmond Historical Commission, a member of the Fort Bend County Museum, a board member of the Black Cowboy Museum, member of Historic Richmond Association, and is a Fort Bend Docent. ❑ James Hotopp.City Manager for Weatherford(Region 8)since 2019. Mr. Hotopp joined the City in 2007 as its Director of Water/Wastewater and Engineering and served the City in several capacities, including Utility Engineer, Director of Planning and Development, and Assistant City Manager. He serves as a voting member. of Region C Water Planning Group for Texas, which prepares a regional water plan for a 16-county group in North Texas. Mr. Hotopp is a member of the North Texas City Manager's Association, the North Texas Commission, and a board member of the Texas Public Power Association Previously, he worked in consulting engineering where he designed water treatment plants, wastewater treatment plants, water pump stations, wastewater lift stations, and distribution/collection lines. WRITE IN CANDIDATE: Page 3 of 6 43 09/13/2022 Item 1. PLACE 8 El Chris Coffman. City Manager of Granbury(Region 8). Mr. Coffman has 24 years in public management. He has served as City Manager for Sealy, Borger, the Village of Timbercreek Canyon, and Panhandle. He has also served as the Director of Local Government Services of the Panhandle Regional Planning Commission and served as Interim City Manager for the Cities of Fritch and Stratford. During his time at the Panhandle Regional Planning Commission, he served 26 counties and 62 cities in the Panhandle. He is a past President of the TCMA. Mr. Coffman holds a Bachelor of Science Degree in Public Administration from West Texas A&M University and has a Certified Public Manager designation through Texas Tech University. Brett Haney. City Administrator for the City of Cockrell Hill (Region 13) since 2015. Mr. Haney has been with Cockrell Hill since 2006 and was promoted to Assistant City Administrator in 2011. He is originally from Southern California and moved to North Texas in 2000. Mr. Haney earned Bachelor of Applied Arts and Sciences and Master of Public Administration degrees from the University of North Texas. He is a member of TCMA and currently serves on the Public Policy Committee and has served on the TCMA Advocacy Committee in recent years. He is very active as Cubmaster and Den Leader for Cub Scout Pack 717 in Keller,Texas. El Mike Land. City Manager for the City of Coppell (Region 13) since 2017, and Deputy City Manager from 2012-2017. Previously,he was Town Manager for Prosper, City Manager for Gainsville, and Executive Director for the Southwestern Diabetic Foundation. Mr. Land has served on the International City/County Management (ICMA) Board of Directors, ICMA's Advisory Board on Graduate Education, Texas A&M University's Development Industry Advisory Council, School Board Trustee for Gainesville Independent School District, and President of TCMA. Currently, he serves on the Texas Women's Leadership Institute Advisory Board and the UTA MPA Advisory Board. Marian Mendoza. City Administrator for the City of Helotes (Region 7) since 2020. Ms. Mendoza has held positions with the City of Alamo Heights, as Assistant to the City Manager (2005-2020), and with the City of San Antonio as a Management Analyst (2003-2005). Previously she served as a Director overseeing homeless transition housing programs for the Salvation Army. She also serves as the Ex-Officio Board Member of the Helotes Economic Development Corporation. Ms. Mendoza earned a Bachelor's Degree from St. Mary's University and is part of the Certified Public Management program at Texas State University. She is a member of the ICMA, TCMA, and the International Hispanic Network. Louis R. Rigby. Mayor of the City of La Porte (Region 14) since 2010. Mayor Rigby previously served as the District 5 Councilperson from 2004 until 2010, before being elected Mayor. He is a member and past Director of the La Porte-Bayshore Chamber of Commerce and has held the offices of Treasurer, Vice-President, and President of the Harris County Mayors and Councils Association. He graduated from San Jacinto College and the University of Houston before earning an MPA from the University of Houston-Clear Lake. Mayor Rigby served in the U.S.Airforce from 1968-1972. He has actively advocated for the La Porte region on issues including heavy haul and solutions for hurricane damage and management. WRITE IN CANDIDATE: Page 4 of 6 44 09/13/2022 Item 1. PLACE 9 ❑ Barry Beard. Commissioner for the City of Richmond (Region 14) since 2016. Mr. Beard. retired from Moody National Bank where he was the Senior Vice President. He has served on many civic and community boards. He was President of the Board for Oak Bend Hospital, past Chair of the Central Fort Bend Chamber Alliance, past Chair of Arc of Fort Bend, Congressman Olson's Service Academy Interview Committee and;Fort Bend Partnership for Youth. He also served on the original Richmond Charter Commission, Richmond Parks Commission, Richmond Development Corporation, Richmond Historical Commission, Richmond Comprehensive Planning Advisory Committee, and the Richmond Rosenberg Local Government Corporation. © Stephanie Fisher. Councilmember for Johnson City(Region 7). In 2021, she was appointed as the Johnson City representative to the General Assembly of the Capital Area Council of Governments. The Executive Committee of the Capital Area COG appointed her to represent the COG on the Unified Scoring Committee of the Texas Department of Agriculture's Community Block Grant program. She serves on the Board of Directors for the Hill Country 100 Club and the Johnson City Community Education Foundation. She also is the Commissioner for the Johnson City Youth Football program and sits on an advisory committee for the Johnson City Youth Sports Association. She is active in her church, as well as multiple activities within Johnson City ISD, and is a member of the Blanco County Eclipse Task Force. Q Carl Joiner. Mayor for the City of Kerah (Region 14) since 2015. Prior to that, he served as a Keniah City Councilmember for three years. He has served as President of the Kemah Community Development Corporation, Chairman of the Bay Area Houston Transportation Partnership, member of the Convention and Visitors Bureau Board, Chairman of the Clear Creek Education Foundation, board member of the Chris Reed Foundation, Chairman of the Clear Lake Area Chamber,and Treasurer of the League City Regional Chamber of Commerce. He has received awards such as the Chairman's Award in 2020 for the League City Regional Chamber of Commerce and the Sam Walton Award for Integrity in Business. ❑ Opal Mauldin-Jones(Incumbent). City Manager for the City of Lancaster(Region 13)since 2011, and in various other roles for Lancaster since 2003. Under her leadership, the City has experienced two consecutive bond rating increases without issuing debt. The City has been designated a 2019 All-America City and received the CiCi Award. It is one of less than 25 communities with all five Transparency Stars awarded by the Texas Comptroller. Ms. Mauldin-Jones earned her Bachelor Business Administration and Master Public Administration degrees from the University of Texas at Arlington. She currently serves on the TCMA Board as Director-at-Large and as Vice President-Elect, and on the Board of the TML Intergovernmental Risk Pool. ❑ William Linn. City Manager of Kenedy (Region 7). Mr. Linn is a member of TCMA and ICMA. He earned a Bachelor of Science.Degree in Business from Indiana University's. Southeast campus. Thereafter, he was accepted to several law schools where he intended to specialize in business and intellectual property law. However, Mr. Linn opted to enroll in Southern New Hampshire University where he earned a Master of Business Administration and Master of Science in Organizational Leadership concurrently. He is a Certified Fraud Examiner and a Certified Public Manager. He is working to complete the Lean Six Sigma Black Belt and Project Manager Professional Certifications. WRITE IN CANDIDATE: Page 5 of 6 45 09/13/2022 Item 1. Certificate. I.certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the public entity named below. Witness my hand, this day of , 2022. Signature of Authorized Official Title Printed Name of Authorized Official Printed Name of Political Entity Page 6 of-6 46 09/13/2022 Item 2. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Orie Cross Subject Consider, and act upon, Ordinance No. 2022-60 amending Wylie's Code of Ordinances, Ordinance No. 2021-17 as amended, ppendix C(Wylie Comprehensive Fee Schedule),Section I(Water and Sewer Fees), Subsection A(Water and Sewer Service P eposit; Meter and Connection Fee), and Subsection X(Water and Sewer Tap Fees). Recommendation otion to approve Item as presented. Discussion The Utility Billing and Public Works Departments currently pass on the meter and sewer tap fees to Commercial and Residential new builds and builders.These fees need to be updated to reflect our current cost for meters, sewer taps,equipment, and supplies. 47 09/13/2022 Item 2. ORDINANCE NO. 2022-60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED, APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE), SECTION I (WATER AND SEWER FEES), SUBSECTION A (WATER AND SEWER SERVICE DEPOSIT; METER AND CONNECTION FEE),SUBSECTION X(WATER AND SEWER TAP FEES);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 OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted a Comprehensive Fee Schedule ("Comprehensive Fee Schedule") for the City of Wylie, Texas ("Wylie"), which is codified in Appendix C to the Wylie Code of Ordinances, Ordinance No. 2021-17, as amended ("Code of Ordinances"); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the following provisions of the Comprehensive Fee Schedule as provided herein: Section I (Water and Sewer Fees), Subsection A (Water and Sewer Service Deposit; Meter and Connection Fee), and Subsection X(Water and Sewer Tap Fees); 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 Appendix C(Wylie Comprehensive Fee Schedule)of the Wylie Code of Ordinances. Appendix C(Comprehensive Fee Schedule), Section I(Water and Sewer Fees), Subsection A(Water and Sewer Service Deposit;Meter and Connection Fee),and Subsection X(Water and Sewer Tap Fees)of the Code of Ordinances is hereby amended as follows: "APPENDIX C WYLIE COMPREHENSIVE FEE SCHEDULE I. Water and sewer fees. A. Water and Sewer Service Deposit; Meter and Connection Fee. Each water customer shall make a deposit and pay a meter and connection fee to the City of Wylie,Texas for water service and sewerage service in accordance with the following schedules: (1) Water Deposit. (a) 3/4-inch meter domestic: $75.00. (b) 3/4-inch meter irrigation with domestic account: $125.00. (c) 3/4-inch irrigation meter without domestic account: $75.00. (d) 1-inch meter domestic: $125.00. (e) 1-inch irrigation with domestic account: $200.00. Ordinance No. 2022-60 Amendment to Meter and Sewer Tap Fees Page 1 of 3 48 09/13/2022 Item 2. (f) 1-inch irrigation without domestic account: $125.00. (g) 2-inch meter domestic: $225.00. (h) 2-inch irrigation with domestic account: $340.00. (i) 2-inch irrigation without domestic account: $225.00. (2) Sewer Deposit. (a) Residential: $20.00. (b) Commercial: $20.00. (3) Meter and Connection Fee. (a) %-inch meter domestic: $390.00. (b) 3/4-inch meter irrigation with domestic account: $780.00. (c) 3/4-inch irrigation meter without domestic account: $390.00. (d) 1-inch meter domestic: $445.00. (e) 1-inch irrigation with domestic account: $890.00. (f) 1-inch irrigation without domestic account: $445.00. (g) 2-inch meter domestic: $1,150.00. (h) 2-inch irrigation with domestic account: $2,300.00. (i) 2-inch irrigation without domestic account: $1,150.00. (j) 3-inch hydrant meter: $2,600.00. X.Water and sewer tap fees. Water tap(residential or commercial) Up to and including 1-inch: $5,000.00. Over 1-inch and less than 6-inch: $6,000.00. Add$1,000 to the above price if service is on opposite side of street from tap. Wastewater tap 0'to 8'depth: $6,500.00. Wastewater tap Greater than 8'depth: Cost plus: $500.00. Fire hydrant installation(in city ROW): $5,500.00. Tap/fire hydrant inspection: $200.00. Videotape services for sewer: $2.00 per foot of pipe. Install cleanout on existing sewer: $100.00." SECTION 3: Penalty. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall Ordinance No. 2022-60 Amendment to Meter and Sewer Tap Fees Page 2 of 3 49 09/13/2022 Item 2. constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the 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 4: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full force and effect,save and except as amended by this or any other ordinance. 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. The City Council 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: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of September, 2022. Matthew Porter,Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Dates to be published in The Wylie News—September 21,2022 Ordinance No. 2022-60 Amendment to Meter and Sewer Tap Fees Page 3 of 3 50 09/13/2022 Item WS1. Wylie City Council CITY OF AGENDA REPORT Department: WEDC Account Code: Prepared By: Jason Greiner Subject ID iscuss the status of the creation of Tax Increment Reinvestment Zones within the City of Wylie. Recommendation Discussion Discuss the status of the creation of Tax Increment Reinvestment Zones within the City of Wylie. 51 1 CITY OF WYLIE SEPTEMBER 13, 2022 Tax Increment Reinvestment Zone Update 2 PURPOSE ▪TIRZ Creation Process ▪Review Proposed Boundaries ▪Taxable Value Analysis ▪Next Steps ▪Questions PURPOSE 3 TIRZ CONCEPT •Not a new tax on development o Redirects a portion of tax generated from new development within TIRZ TIRZ CREATION 4 TIRZ CREATION PROCESS •Chapter 311 outlines the various procedures for creating and amending a TIRZ. Two main documents: 1.Creation ordinance; and 2.TIRZ Project and Financing Plan •Creation ordinance establishes five key elements: Boundary; Term; City Participation TIRZ Board; and Preliminary Project and Financing Plan •Upon TIRZ creation the Final Project and Financing Plan is approved by the TIRZ Board and then the City Council by separate ordinance TIRZ CREATION 5 BOUNDARIES –All Development 6 BOUNDARIES –TIRZ #1 (West) 7 BOUNDARIES –TIRZ #2 (East) 8 TAXABLE VALUE Projected Incremental Taxable Value TAXABLE VALUE 9 TAXABLE VALUE Projected Incremental Taxable Value TAXABLE VALUE 10 NEXT STEPS •Review Proposed Boundaries •Taxable Value Analysis •Historic taxable value review of similar developments to establish assumptions of future taxable value •Develop projections for future land uses, and timing of proposed developments •Develop TIRZ Cash Flow Model •Draft financing cash flow model for working with City staff to determine term and participation •Typical Term 20 –40 years •Participation –50% to 100% •Prepare TIRZ Project and Financing Plan •Develop the Project and Financing Plan, and Detailed Description of TIRZ, and other exhibits required for local government review and approval per the state legislative requirements NEXT STEPS 11 NEXT STEPS Item Date Engaged DPED to initiate process July 2022 Establish boundaries and development projections August/September 2022 Preliminary Project and Financing Plan Completed October 2022 City Council Creation Ordinance Public Hearing November 8, 2022 TIF Board Approval of PFP November 22, 2022 City Council Final PFP 1st Reading November 22, 2022 NEXT STEPS 12 QUESTIONS