Loading...
10-25-2022 (City Council) Agenda Packet Wylie City Council Regular Meeting October 25,2022—6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PR 1. Arbor Day. PR2. Municipal Court Week. PR3. Hunger and Homelessness Awareness Week. PR4. Teiin 1 Shining the Wylie Way Students (K-12). PRS. Woman Owned Business Month. 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 October 11,2022 Regular City Council Meeting minutes. B. Consider, and act upon, an agreement authorizing the appointment of Ashley McSwain as Associate Municipal Court Judge for the City of Wylie effective December 1,2022,setting terms and stipend of service. C. Consider,and act upon, an agreement authorizing the appointment of Art Maldonado as Presiding Municipal Court Judge for the City of Wylie effective November 1, 2022, setting terms and stipend of service. D. Consider, and act upon, a Final Plat for Woodlake Village, Lots 3-6, Block A, being a Replat of Lot 1, of Woodlake Village, establishing four commercial lots on 7.788 acres, generally located on State Highway 78 being 1000' east of Eubanks Lane. E. Consider,and act upon,the City of Wylie Monthly Revenue and Expenditure Report for September 30,2022. E Consider, and place on file,the City of Wylie Monthly Investment Report for September 30, 2022. Page 11 7 G. Consider, and act upon, Ordinance No. 2022-67 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30,2022. REGULAR AGENDA 1. Hold a Public Hearing, consider, and act upon, a change in zoning from Agricultural District (AG/30) to Planned Development - Single Family (PD-SF) to allow for a single family residential development with three open space lots and a commercial tract on 32.288 acres, generally located on Country Club Road approximately 2000' south of Parker Road(ZC 2022-14). 2. Consider, and act upon, the acceptance of the resignation of Brett Swendig and the appointment of a new board member to the City of Wylie Parks and Recreation Board to fill the term of October 2022 to June 30, 2023. WORK SESSION WS1. Discuss Voluntary Flag Retirement Program. 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. 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). ES2. 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, 2021-2d, 2021-5a, 2021-6a, 2021-6c, 2021-8a, 2021-9a, 2021-9b, 2021-9f, 2021-11a, 2021-12a, 2022-1b, 2022-4d, 2022-7b, 2022-7c, and 2022-9f. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Page 12 2 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 October 21, 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 10/25/2022 Item PR1 Wylie City Council CITY OF AGENDA REPORT Department: PARD Account Code: Prepared By: Carmen Powlen Subject rbor Day. Recommendation Discussion The City of Wylie is celebrating Texas Arbor Day on Friday, November 4 between 3 - 5 pm in the courtyard between the Wylie Recreation Center and Smith Public Library.At this come-and-go celebration,participants may pick up an Eastern Red Cedar or a Texas Redbud seedling at no charge, tree education opportunities will be available, and visitors can create a take- home craft. 4 10/25/2022 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 October 11, 2022 Regular City Council Meeting minutes. Recommendation Motion to approve Item as presented. Discussion The minutes are attached for your consideration. 5 10/25/2022 Item A. Wylie City Council Regular Meeting Minutes October 11,2022—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 6:05 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tern Jeff Forrester, Councilman Scott Williams, and Councilman Timothy T. Wallis(6:25). Councilman Garrett Mize was absent. City Manager Brent Parker; Deputy City Manager Renae 011ie; Assistant City Manager Lety Yanez; Police Chief Anthony Henderson;Finance Director Melissa Beard;Assistant Fire Chief Brian Ritter;Public Information Officer Craig Kelly; Public Works Director Tommy Weir; City Engineer Tim Porter; Project Engineer Jenneen Elkhalid; Purchasing Manager Glenna Hayes; Assistant to City Secretary Erin Day; Parks and Recreation Director Carmen Powlen;Assistant Parks and Recreation Director Brent Stowers;Wylie Economic Development Executive Director Jason Greiner;Public Art Coordinator Carole Ehrlich; and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor pro tern Forrester led the invocation and Councilman Strang led the Pledge of Allegiance. PRESENTATIONS & RECOGNITIONS PRl. Fire Prevention Week. Mayor Porter proclaimed the week of October 9-15, 2022 as Fire Prevention Week in Wylie, Texas. Members of Wylie Fire Rescue were present to accept the proclamation. Assistant Fire Chief Brian Ritter gave a brief history of Fire Prevention Week and urged citizens to make a plan in case of a fire,check smoke detectors, and contact the fire department if assistance is needed. PR2. Domestic Violence Awareness Month. Mayor Porter proclaimed the month of October 2022 as Domestic Violence Awareness Month in Wylie, Texas. Kisha Voss, representing Wylie Police Department, and Janet Collinsworth, representing Jericho Village, were present to accept the proclamation. Voss explained that at the Wylie Police Department they give resources to victims of domestic violence, and expressed her excitement that Agape is coming to town to give assistance. Collinsworth explained how they were able to come to Wylie and gave credit to Voss for her assistance in that. She explained that Agape offers emotional, financial,childcare, transportation, and housing support. PR3. Wylie Wisecrackers Toastmasters Month. Mayor Porter proclaimed the month of October 2022 as Wylie Wisecrackers Toastmasters Month in Wylie,Texas. Members of the Wylie Wisecrackers Toastmasters were present to accept the proclamation. Gary Moore,Vice President of Wisecrackers Toastmasters Club in Wylie, gave a brief history of the Toastmasters Club organization. He advised the club teaches you to speak in public and gave meeting dates and times. Mayor Porter expressed his appreciation for the club's involvement in the community. Page I1 6 10/25/2022 Item A. Councilman Toby Wallis took his seat at the dais at 6:25 p.m. PR4. National Dyslexia Awareness Month. Mayor Porter proclaimed the month of October 2022 as National Dyslexia Awareness Month in Wylie, Texas. Members of the Wylie Independent School District Dyslexia Program and some children and parents affected by dyslexia were present to accept the proclamation. Mr. Ramirez gave some information about his family's experience with the dyslexia program and explained how it helped his daughters and expressed gratitude for the program. PRS. Chamber of Commerce Week. Mayor Porter proclaimed the week of October 17-21, 2022 as Chamber of Commerce Week in Wylie, Texas. Members of the Wylie Chamber of Commerce were present to accept the proclamation. Members gave introductions and explained how the chamber has 450 members currently and some programs that they host including the rodeo, luncheons, meetings at the library, etc. PR6. Rail Safety Week. Mayor Porter recognized the week of September 19-25,2022 as Rail Safety Week in Wylie, Texas. PR7. Breast Cancer Awareness Month. Mayor Porter recognized the month of October 2022 as Breast Cancer Awareness Month in Wylie,Texas. COMMENTS ON NON-AGENDA ITEMS No citizens were present wishing to address Council on non-agenda items. 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 September 27,2022 Regular City Council Meeting minutes. B. Consider, and act upon,Ordinance No.2022-65 setting the time and place for all regular City Council Meetings in the 2023 calendar year. C. Consider, and act upon, the approval for construction of a new Residential structure in accordance with Ordinance No. 2022-34. Property located at 100 S. Cottonbelt St.within the Downtown Historic District. D. Consider, and act upon, a Final Plat of Lots 1,2 and 3,Block A of LI 78 Logistics Center, establishing three lots on 22.052 acres, generally located on the southwest corner of State Highway 78 and Wylie East Drive. E. Consider, and place on file,the Animal Shelter Advisory Board report to City Council. F. Consider, and act upon, approval of the Park Event Application from the Wylie P.O.L.I.C.E. Club, a non-profit organization, to hold their annual Wylie P.O.L.I.C.E. Club Co-Ed Softball Tournament fundraiser event in Founders Park on November 5,2022. Page 12 7 10/25/2022 Item A. G. Consider, and act upon, Ordinance No. 2022-66 amending Ordinance No. 2022-56,which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. H. Consider, and act upon, the approval of the purchase of Streaming Equipment, Installation and Streaming Services(#W2022-98-I)from Swagit Productions LLC in the amount of$99,089.00 through a cooperative purchasing contract with The Interlocal Purchasing System(TIPS),and authorizing the City Manager to execute any necessary documents. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams, to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Mize absent. REGULAR AGENDA 1. Consider, and act upon, a recommendation by the Public Art Advisory Board for the final artist, design,and contract to commission art for the entrance to the Municipal Walking Trails,not to exceed $85,000. Staff Comments Public Art Coordinator Ehrlich addressed the Council stating the Public Arts Board received 68 submissions for selection. The Board formed a selection committee, which ranked the artists and it was narrowed down to three artists. The selection committee unanimously chose Katy Anti11 as the winner. Katy Antill presented a model of her piece, explained the importance of the preservation of the Blackland prairie, and commended the City for its effort. She gave a presentation that highlighted where she got her inspiration from, the features and dimensions of the art piece, where the piece will be located, the materials she will be using, most of which are from the USA, the lighting in the piece, the elements of the piece and how they are relevant to Texas history,the inclusion of Caddo Indian.Tribe inspired artwork,the budget for the work,and her business information. Council Comments Councilman Williams commended the artist on her work and asked if she would use epoxy grout. She advised that it is a little more expensive but the grout they are using has flex. Mayor pro tern Forrester also commented that it was a great piece. Councilman Duke advised he thinks it's a beautiful piece and nice addition to the City. Councilman Strang advised he appreciates the detail that was put into the work. Councilman Wallis thanked her for her time and commended her work on the mosaic. Council Action A motion was made by Councilman Williams,seconded by Mayor pro tern Forrester,to approve Item 1 as presented. A vote was taken and the motion passed 6-0 with Councilman Mize absent. Mayor Porter recessed the Council into a break at 7:11 p.m. Mayor Porter reconvened the Council at 7:18 p.m. WORK SESSION Mayor Porter convened the Council into a Work Session at 7:18 p.m. WS1. Discuss Downtown Traffic Analysis Results-Parking and Sidewalks. Joshua Smith,representing Lee Engineering, addressed Council giving a presentation on the sidewalk and parking layout results including assumed improvements to Brown Street; assumed improvements at SH 78 and Ballard; assumed improvements at SH 78 and Birmingham; and assumed improvements at College Street. Page 13 8 10/25/2022 Item A. Questions and comments from Council included why is there a traffic signal at Jackson and not a protected left turn on Birmingham Street,expressed concerns with the possibility of traffic stacking and backing up on Brown Street, expressed concerns that installing a traffic signal at Birmingham Street could result in vehicles stopping on the train tracks when stacking, requested the traffic signal at Jackson be looked at in the future and not at the beginning of the project, and asked questions about the allowance of U-turns on SH 78 at Birmingham Street. Smith and City Engineer Porter addressed the questions.Porter added the stop lights and specific intersections will be discussed more in detail at a future date; tonight, staff is seeking direction on sidewalk and parking options. Smith showed four different sidewalk and parking options including: Option 4a-1 (60-degree parking), Option 4a- 2 (45-degree parking), Option 4a-3 (30-degree parking), and Option 4a-4 (parallel parking). Smith showed Option 1 with the existing conditions; Option 4a-1 with Biiniingham-Ballard as one-way traffic and Jackson Avenue as two-way traffic with 60-degree angled parking on Jackson Avenue and Ballard Avenue and parallel parking on Birmingham Street; Option 4a-2 with Birmingham-Ballard as one-way traffic and Jackson Avenue as two-way traffic with 45-degree angled parking on Jackson Avenue and Ballard Avenue and parallel parking on Birmingham Street; Option 4a-3 with Birmingham-Ballard as one-way traffic and Jackson Avenue as two-way traffic with 30- degree angled parking on Jackson Avenue and Ballard Avenue and parallel parking on Birmingham Street; and Option 4a-4 with Biiniingham-Ballard as one-way traffic and Jackson Avenue as two-way traffic with parallel parking on Jackson Avenue, Ballard Avenue, and Birmingham Street. Smith showed parking option details and parking comparisons for the four options. Pam Wells,representing Wylie Flower Shop, asked if the parallel parking on Ballard Street would be safe with it only being one lane.Mayor Porter replied that it would take time for people to get used to it,and suggested we may have to make the speed limits slower.Wells asked when turning left off of SH 78 to Ballard Street if there were two turning lanes. Mayor Porter replied it will be two lanes until Oak Street. Wells asked if there could be an entrance put up that would keep big trucks from coming down Ballard Street. Council feedback included moving forward with Option 4a-4 overall except for the area on Ballard Street from Oak Street to SH 78 and there use Option 4a-2. WS2. Discuss updates to dog park and splash pad schematic designs. Assistant Parks and Recreation Director Stowers gave a presentation updating Council on the progress and cost estimates of the dog park and splash pads. Stowers reported the main change to the initial dog park schematic was shrinking the two large dog paddocks to about 1.3 acres each. Councilman Wallis asked if there were any plans to add security lights. Stowers replied there will be four to five poles spread throughout. Stowers reported the East Meadow Sprayground on Brown Street has changed quite a bit as they added two additional parking bays, and moved the bathroom and splash pad to the west side which did change the design of the splash pad but did not change the square footage. These changes did increase the cost with most of that being the result of the third bay of parking. Stowers reported that it will be designed but may not be constructed at this time. Councilman Williams asked about the budgeted amount and current cost. Stowers advised they are at about $1.3 million for this splash pad and the additional parking has added $230,000. Councilman Strang asked for the initial budgeted amount. Stowers replied that$1.2 million was budgeted for both splash pads. Strang expressed his concern about the cost and where the additional funds are going to come from. Mayor Porter replied there are a few different options from the 4B fund or acquisition and improvement fund. Mayor pro tern Forrester added one of the splash pads may be the appropriate location for the art mural discussed by Council last year. Stowers reported that the Community Park Sprayground only had one update with the mechanical enclosure being moved behind the existing restroom building. Mayor Porter recessed the Council into a break at 8:35 p.m. Page 14 9 10/25/2022 Item A. Mayor Porter reconvened the Council into Work Session at 8:45 p.m. WS3. Discuss the status of the creation of Tax Increment Reinvestment Zones within the City of Wylie. Economic Development Executive Director Greiner gave a presentation advising that he has been working with the consultant on future appraised values. Greiner reported there is a lot more opportunity on the east side as the west side of the City has been mostly developed. Greiner gave numbers on what it would have looked like if the City had started a TIRZ three to five years ago. Greiner and Parker requested input from Council on what increment they would be interested in looking at so that additional information can be brought back before Council. City Manager Parker added long-term he looks at build-out,retaining employees, and adding new programs while continuing to adopt the no new revenue tax rate which leaves no money to do those items if that money is designated to the TIRZ. Council comments and questions included concerns that this is something that could not be utilized within the next 20 years,was the no new tax rate calculated into the future numbers, expressed concern that the TIRZ will be a tax increase, expressed concerns with a TIRZ affecting service to the citizens if Council continues to approve the no new revenue rate, do not think it is a good fit for the City at this time, and this would have been beneficial 15-20 years ago. Council's direction was to not move forward with the creation of TIRZ with the City of Wylie at this time. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 9:22 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive session at 9:22 p.m. Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES1. Consider the sale or acquisition of properties located at FM 544/Sanden,Jackson/Oak,Regency/Steel, State Hwy 78/Ballard, 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). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2021-12a. Page 15 10 10/25/2022 Item A. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 9:48 p.m. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. Assistant to City Secretary Day read the captions to Ordinance Nos. 2022-65 and 2022-66 into the official record. ADJOURNMENT A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester, to adjourn the meeting at 9:50 p.m. A vote was taken and the motion passed 6-0 with Councilman Mize absent. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Page 16 11 10/25/2022 Item B. Wylie City Council CITY OF AGENDA REPORT Department: Municipal Court Account Code: Prepared By: Lisa Mangham Subject Consider, and act upon, an agreement authorizing the appointment of Ashley McSwain as Associate Municipal Court Judge for the City of Wylie effective December 1, 2022, setting terms and hourly rate of service. Recommendation Motion to approve Item as presented. Discussion Article IV, Section 3c of the City of Wylie Charter states "the city council shall,in the absence or disability of the appointed judge of the municipal court, appoint an acting judge to serve during such absence or disability. The acting judge may be compensated by the city council for his performance of required duties." The appointment of the Associate Municipal Court Judge is for a two-year term effective December 1, 2022 through November 30,2024,and may be renewed for another two(2)year term. Compensation for services provided by the Associate Municipal Court Judge is a set monthly rate of$3000.00. This does reflect a change from an hourly rate to a set monthly rate. Judge McSwain works approximately 40 hours a month($75.00 an hour). She currently presides over our juvenile and truancy dockets,performs magistrate duties for the Wylie jail, signs warrants, and other judicial services as needed. Judge McSwain has served the City of Wylie for two years as the Associate Municipal Court Judge. It is recommended that Judge McSwain continue to provide service to the City as the City of Wylie Municipal Court Associate Judge. 12 10/25/2022 Item B. MUNICIPAL COURT JUDICIAL SERVICES AGREEMENT—ASSOCIATE JUDGE The City of Wylie, Texas, a home-rule municipality ("Wylie"), and Ashley McSwain ("Contractor") hereby enter into this Municipal Court Judicial Services Agreement ("Agreement"). Wylie and Contractor are sometimes referred to collectively as the "parties" or individually as a"party." WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has established and maintains the Wylie Municipal Court and appoints judges as may be necessary to serve the Court pursuant to Article IV, § 3 of Wylie City Charter; and WHEREAS, Contractor desires to contract with Wylie to provide such judicial services as an associate judge for the Wylie Municipal Court under the texuis and conditions of this Agreement; and WHEREAS, Contractor represents and warrants that through education and experience, Contractor possesses the requisite skills to provide such judicial services in a professional and competent manner; and WHEREAS, Wylie and Contractor acknowledge and agree that this Agreement is not an employment agreement and does not establish a relationship of employer and employee between Wylie and Contractor, but defines a relationship between the parties wherein the Contractor is in fact an independent contractor of Wylie; and WHEREAS, Contractor reserves independence to act within the limits imposed by law and professional obligations such that Wylie's objectives during the term of this Agreement will be furthered through means the Contractor considers appropriate in accordance with Contractor's professional obligations and as may be required by the Texas Code of Judicial Conduct and other applicable rules and regulations. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Scope of Services. Contractor shall provide judicial services as an associate judge in Wylie Municipal Court and shall furnish all labor, equipment, supplies and all other items necessary to provide the services and deliverables as specified by the terms and conditions of this Agreement (collectively, "Services"). The Services include, but are not limited to, the following: (a) Hearing and consideration of cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (b) Presiding over Wylie Municipal Court dockets, including pretrial conferences, pretrial hearings, plea and arraignments proceedings, trials and other proceedings scheduled and assigned to Contractor in the Wylie Municipal Court; Municipal Court Judicial Services Agreement—Associate Judge Page 1 of 7 3066632 1 10/25/2022 Item B. (c) Issuing appropriate rulings and orders in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (d) Perform magistrate, arraignment and warrant duties scheduled and assigned to Contractor; (e) Communicating with Wylie Municipal Court staff, judges, prosecuting and defending attorneys, defendants and other participants in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (f) Performing such other functions within Wylie Municipal Court normally required of a municipal court associate judge; and (g) Providing Wylie timely updates regarding changes in the scope and nature of the Services provided hereunder that may affect operations, policies or activities of Wylie Municipal Court and making recommendations on improving the quality and efficiency of the Services provided hereunder. The Presiding Judge of the Wylie Municipal Court shall establish the times and days for the court dockets and retains authority to change the same from time to time. Contractor shall perform the Services at the dockets so established and to which he/she may be scheduled. If Contractor is unavailable to complete these Services, it shall be the duty of Contractor to seek an alternative method of fulfilling these duties through another Wylie-appointed Judge. 2. Tenn; Termination. The term of this Agreement shall commence on the Effective Date (hereinafter defined) of this Agreement and shall continue in effect until the second anniversary of the Effective Date, unless terminated earlier in accordance with this Agreement or the City Charter. Wylie shall have the option to extend this Agreement for additional terms of two (2) years each on the same terms and conditions by giving Contractor written notice of its intent to extend prior to the expiration of the then-current two (2) year term, provided that the City Council has re-appointed Contractor as the presiding judge in accordance with Section 4.03 of the City Charter. Wylie is entitled to terminate this Agreement at any time for any reason or for no reason by giving Contractor written notice of termination, removal or non-appointment. Contractor is entitled to terminate this Agreement at any time for any reason or for no reason by giving Wylie at least thirty (30) days' prior written notice of the termination date. The term of this Agreement shall automatically terminate on the date that Contractor ceases to maintain all necessary qualifications to serve as a judge for the Wylie Municipal Court, including but not limited to being a licensed attorney in good standing and/or having two or more years of experience in the practice of law in Texas should the Wylie Municipal Court be converted to a municipal court of record. 3. Compensation; Billing. In exchange for Contractor's provision of the Services as described in this Agreement, Wylie agrees to pay Contractor at the rate of$3,000.00 per Municipal Court Judicial Services Agreement—Associate Judge Page 2 of 7 3066632 14 10/25/2022 Item B. month of work actually perfoinied by Contractor under this Agreement. Such amount shall be payable on a monthly basis at the time and in the manner determined by Wylie. Wylie is entitled to withhold, deduct and pay from such amount applicable income and other payroll taxes, but in no event shall such actions by Wylie alter the parties' independent contractor relationship or entitle Contractor to any employment, insurance, vacation or other benefits. In this regard, Contractor shall defend, indemnify and hold haiiiiless Wylie from any and all liability which may result from the failure to withhold, and/or the withholding of, any sums from the monies payable to Contractor under this Agreement, including, but not limited to, any taxes, interest or penalties owed to the Internal Revenue Service or any other party. No additional compensation shall be due to Contractor for any travel to or from Wylie or for travel to any hearings, trials or other proceedings. Notwithstanding anything to the contrary herein, Wylie shall not be required to pay Contractor if Contractor is in breach of this Agreement. As an appointed official, Contractor agrees to perform the service required by the position of presiding judge and is not limited to or guaranteed a preset number of hours per week or per month to perfoiin such services. Contractor is expected to engage in those hours of work which are necessary to fulfill the obligations of Contractor's position. Contractor acknowledges that the proper performance of duties as presiding judge will often require the performance of necessary services at times and for extended periods other than as scheduled. Contractor agrees to devote such additional time as is necessary for the full and proper performance of duties and that the compensation herein provided for includes compensation for the performance of all such Services. 4. Cooperation. Contractor acknowledges that Wylie is entitled, in its sole discretion, to contract with and/or assign other judges to provide the same or similar judicial services for Wylie Municipal Court, and Contractor agrees to fully cooperate with Wylie and any such other judges in this regard, including but not limited to, coordinating the scheduling and coverage of the dockets and other needs of Wylie Municipal Court. 5. Conflicts. Wylie recognizes that Contractor may represent clients as an attorney. During the term of this Agreement, Contractor shall not represent any person or entity or otherwise engage in the practice of law in a matter directly adverse to Wylie, in an adversarial capacity before the Wylie City Council or any of its courts, agencies, boards or commissions, or in a matter that Wylie determines is adverse to the interests of Wylie. Further, Contractor represents that Contractor does not have any personal, business or financial interests or relationships which would cause a reasonable individual with knowledge of the relevant facts to question the integrity or impartiality of Contractor in performing the Services. Contractor shall evaluate on an ongoing basis whether, in Contractor's professional judgment, a conflict may become apparent or imminent. In the event that Contractor believes a conflict may develop or has developed, Contractor shall immediately communicate with Wylie about the perceived potential conflict. 6. Professional Obligations. Contractor must complete the minimum number of hours of Municipal Court Judicial Services Agreement—Associate Judge Page 3 of 7 3066632 15 10/25/2022 Item B. instruction annually in the perfoiiiiance of the duties of a municipal court associate judge as required by the laws of the State of Texas and any applicable rule or statute. Wylie shall pay the reasonable cost of such required training, including required books and materials upon receipt by Wylie of written invoices for the same. Contractor shall ensure that official copies of records documenting such training shall be kept and maintained at all times. The Contractor shall provide proof of current certification from the State Bar of Texas on October 1 of each year during the term of this Agreement. 7. Entire Agreement. This Agreement contains all representations, understandings, contracts and agreements between the parties regarding the subject matter of this Agreement. This Agreement supersedes all oral or written previous and contemporaneous agreements, writings, understandings, representations or contracts between the parties regarding the subject matter of this Agreement. No amendment to this Agreement shall be made except on the written agreement of the parties, which shall not be construed to release either party from any obligation of this Agreement except as specifically provided for in such amendment. 8. No Supervisory Capacity. Contractor acknowledges that the clerks of the Wylie Municipal Court are supervised by the City Manager as administrative employees and that Municipal Court prosecutors are supervised by the City Attorney. Contractor does not serve in a supervisory role as to any of these or other employees of Wylie except with regard to judicial procedures of the court. However, he/she shall consult with the appropriate department head or City Manager concerning needed improvements or problems that come to his/her attention through his/her service under this Agreement. 9. No Prohibited Interest. Contractor acknowledges and agrees that it is aware of, and will abide by, the no prohibited interest requirement of Wylie City Charter. Contractor acknowledges and agrees that the existence of a prohibited interest during the term of this Agreement will render this Agreement voidable. 10. Liability. To the fullest extent permitted by law, Contractor shall be fully and solely responsible and liable for Contractor's own acts and omissions and for any and all damage to Contractor's equipment and other property. Wylie assumes no such responsibility or liability. Wylie shall have no such responsibility or liability to Contractor. 11. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, regulations and policies, as they exist, may be amended or in the future arising, applicable to Contractor and its work under this Agreement. If Contractor observes or is notified that the work under this Agreement is at variance with applicable laws, statutes, ordinances, regulations and policies, Contractor shall immediately notify Wylie in writing. 12. Assignment. Contractor agrees that neither this Agreement nor the work to be perfouiied hereunder will be assigned or sublet without the prior written consent of Wylie. 13. Savings/Severability. In the event that a term, condition or provision of this Agreement Municipal Court Judicial Services Agreement—Associate Judge Page 4 of 7 3066632 16 10/25/2022 Item B. is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been included in this Agreement. 14. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. Attorneys' Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Wylie and Contractor, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal. 16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 17. No Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. 18. Headings. The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 19. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party a via hand-delivery service, or to any courier service that provides a return receipt showing the date of actual delivery of the same to the addressee thereof. Notice given in accordance herewith shall be effective on receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Contractor, to: Ashley McSwain 108 S. Jackson Ave. Ste.207 Wylie, Texas 75098 Telephone Email: If to Wylie, to: City of Wylie Municipal Court Judicial Services Agreement—Associate Judge Page 5 of 7 3066632 17 10/25/2022 Item B. Attn: City Manager, Brent Parker 300 Country Club Rd Wylie, Texas Email: brent.parker@wylietexas.gov With a copy to:Abernathy, Roeder, Boyd & Hullett, P.C. Attn.: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: Facsimile: Email: 20. Representations. Each party states that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. Independent Contractor. Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of Wylie; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing the same; that the doctrine of respondent superior shall not apply as between Wylie and Contractor; and that nothing herein shall be construed as creating a partnership or joint enterprise between Wylie and Contractor. Neither Contractor nor his agents or employees shall be deemed to be an employee of Wylie for any purpose whatsoever. Contractor shall not be eligible to participate in any benefit program provided by Wylie for its employees. Contractor shall be exclusively responsible for the payment of his/her own taxes, withholding payments, penalties, fees, fringe benefits, contributions to insurance and pension or other deferred compensation plans, including but not limited to worker's compensation and Social Security obligations, professional fees or dues. Wylie may arrange to provide space for Contractor to use to facilitate access to the Municipal Court staff and others. The provision of space is not compensation, nor does it change the nature of the relationship from that of independent contractor. Contractor agrees to make use of the space, if any, as an accommodation to Wylie and only to conduct business in accordance with this Agreement. 22. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of the authorized representatives of Wylie and Contractor. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement Municipal Court Judicial Services Agreement—Associate Judge Page 6 of 7 3066632 18 10/25/2022 Item B. are for the convenience of the parties and are not intended to be used in construing this document. 24. No Waiver of Immunity. The parties acknowledge and agree that, in executing and performing this Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein 25. Chapter 2270 Certification. In accordance with Chapter 2270 of the Texas Government Code, Contractor hereby certifies that Contractor (a) does not boycott Israel; and(b)will not boycott Israel during the teliil of any contract with Wylie, including during the term of this Agreement. 26. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE,TEXAS By: Printed Name: Title: Date: By: Printed Name: Date: Municipal Court Judicial Services Agreement—Associate Judge Page 7 of 7 3066632 19 10/25/2022 Item C. Wylie City Council CITY OF AGENDA REPORT Department: Municipal Court Account Code: Prepared By: Lisa Mangham Subject Consider, and act upon, an agreement authorizing the appointment of Art Maldonado as Municipal Court Judge for the City of Wylie effective November 1,2022, setting terms and stipend of service. Recommendation Motion to approve Item as presented. Discussion Article IV, Section 3b of the City of Wylie Charter states "the city council shall appoint a judge of the municipal court, who shall be a competent, duly qualified, licensed attorney in the State of Texas. The judge of the municipal court shall be appointed to a term of two years, and may be appointed to additional and consecutive terms, upon completion of his term of office. The appointment of the judge may be terminated by a majority vote of the city council. The judge shall receive compensation as may be determined by the city council. This compensation shall be fixed, and commensurate with the duties performed by the judge." The appointment of the Presiding Municipal Court Judge is for a two-year term effective November 1,2022 through October 31, 2024, and may be renewed for another two (2) year term. Compensation for services provided by the Municipal Court Judge is a set monthly rate of$3,500.00(average$109.38 an hour based on 32 hours). This reflects an increase of$500.00 in his monthly payment,and remains budget neutral.This increase is recommended to be in line with the average rate for licensed attorneys serving as Presiding Municipal. Court Judges (Richardson is $100 an hour, Rowlett is $150 hour, and Murphy is $125 hour).Judge Maldonado presides over show cause,pre-trial,Bench and Jury dockets,performs magistrate duties for the Wylie jail, and signs warrants after hours. Judge Art Maldonado has served the City for 15 years as the Presiding Municipal Court Judge. It is recommended that Judge Maldonado continue to provide service to the City as the Presiding Municipal Court Judge. 20 10/25/2022 Item C. MUNICIPAL COURT JUDICIAL SERVICES AGREEMENT—PRESIDING JUDGE The City of Wylie, Texas, a home-rule municipality ("Wylie"), and Art Maldonado ("Contractor") hereby enter into this Municipal Court Judicial Services Agreement ("Agreement"). Wylie and Contractor are sometimes referred to collectively as the "parties" or individually as a"party." WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has established and maintains the Wylie Municipal Court and appoints judges as may be necessary to serve the Court pursuant to Article IV, § 3 of Wylie City Charter; and WHEREAS, Contractor desires to contract with Wylie to provide such judicial services as the presiding judge for the Wylie Municipal Court under the teiins and conditions of this Agreement; and WHEREAS, Contractor represents and warrants that through education and experience, Contractor possesses the requisite skills to provide such judicial services in a professional and competent manner; and WHEREAS, Wylie and Contractor acknowledge and agree that this Agreement is not an employment agreement and does not establish a relationship of employer and employee between Wylie and Contractor, but defines a relationship between the parties wherein the Contractor is in fact an independent contractor of Wylie; and WHEREAS, Contractor reserves independence to act within the limits imposed by law and professional obligations such that Wylie's objectives during the term of this Agreement will be furthered through means the Contractor considers appropriate in accordance with Contractor's professional obligations and as may be required by the Texas Code of Judicial Conduct and other applicable rules and regulations. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Scope of Services. Contractor shall provide judicial services as the presiding judge in Wylie Municipal Court and shall furnish all labor, equipment, supplies and all other items necessary to provide the services and deliverables as specified by the terms and conditions of this Agreement (collectively, "Services"). The Services include, but are not limited to, the following: (a) Hearing and consideration of cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (b) Presiding over Wylie Municipal Court dockets, including pretrial conferences, pretrial hearings, plea and arraignments proceedings, trials and other proceedings scheduled and assigned to Contractor in the Wylie Municipal Court; Municipal Court Judicial Services Agreement—Presiding Judge Page 1 of 7 3068664 21 10/25/2022 Item C. (c) Issuing appropriate rulings and orders in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (d) Perform magistrate, arraignment and warrant duties scheduled and assigned to Contractor; (e) Communicating with Wylie Municipal Court staff, judges, prosecuting and defending attorneys, defendants and other participants in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (f) Establishing the times and days for the court dockets; (g) Performing such other functions within Wylie Municipal Court normally required of a municipal court presiding judge; and (h) Providing Wylie timely updates regarding changes in the scope and nature of the Services provided hereunder that may affect operations, policies or activities of Wylie Municipal Court and making recommendations on improving the quality and efficiency of the Services provided hereunder. Contractor shall perform the Services at the dockets to which he/she may be scheduled. If Contractor is unavailable to complete these Services, it shall be the duty of Contractor to seek an alternative method of fulfilling these duties through another Wylie-appointed Judge. 2. Teiui; Teimination. The term of this Agreement shall commence on the Effective Date (hereinafter defined) of this Agreement and shall continue in effect until the second anniversary of the Effective Date, unless terminated earlier in accordance with this Agreement or the City Charter. Wylie shall have the option to extend this Agreement for additional terms of two (2) years each on the same terms and conditions by giving Contractor written notice of its intent to extend prior to the expiration of the then-current two (2) year term, provided that the City Council has re-appointed Contractor as the presiding judge in accordance with Section 4.03 of the City Charter. Wylie is entitled to terminate this Agreement at any time for any reason or for no reason by giving Contractor written notice of termination, removal or non-appointment. Contractor is entitled to terminate this Agreement at any time for any reason or for no reason by giving Wylie at least thirty (30) days' prior written notice of the termination date. The term of this Agreement shall automatically terminate on the date that Contractor ceases to maintain all necessary qualifications to serve as a judge for the Wylie Municipal Court, including but not limited to being a licensed attorney in good standing and/or having two or more years of experience in the practice of law in Texas should the Wylie Municipal Court be converted to a municipal court of record. 3. Compensation; Billing. In exchange for Contractor's provision of the Services as described in this Agreement, Wylie agrees to pay Contractor at the rate of$3,500.00 per Municipal Court Judicial Services Agreement—Presiding Judge Page 2 of 7 3068664 22 10/25/2022 Item C. month of work actually perfoinied by Contractor under this Agreement. Such amount shall be payable on a monthly basis at the time and in the manner determined by Wylie. Wylie is entitled to withhold, deduct and pay from such amount applicable income and other payroll taxes, but in no event shall such actions by Wylie alter the parties' independent contractor relationship or entitle Contractor to any employment, insurance, vacation or other benefits. In this regard, Contractor shall defend, indemnify and hold haiiiiless Wylie from any and all liability which may result from the failure to withhold, and/or the withholding of, any sums from the monies payable to Contractor under this Agreement, including, but not limited to, any taxes, interest or penalties owed to the Internal Revenue Service or any other party. No additional compensation shall be due to Contractor for any travel to or from Wylie or for travel to any hearings, trials or other proceedings. Notwithstanding anything to the contrary herein, Wylie shall not be required to pay Contractor if Contractor is in breach of this Agreement. As an appointed official, Contractor agrees to perform the service required by the position of presiding judge and is not limited to or guaranteed a preset number of hours per week or per month to perfoiiu such services. Contractor is expected to engage in those hours of work which are necessary to fulfill the obligations of Contractor's position. Contractor acknowledges that the proper performance of duties as presiding judge will often require the performance of necessary services at times and for extended periods other than as scheduled. Contractor agrees to devote such additional time as is necessary for the full and proper performance of duties and that the compensation herein provided for includes compensation for the performance of all such Services. 4. Cooperation. Contractor acknowledges that Wylie is entitled, in its sole discretion, to contract with and/or assign other judges to provide the same or similar judicial services for Wylie Municipal Court, and Contractor agrees to fully cooperate with Wylie and any such other judges in this regard, including but not limited to, coordinating the scheduling and coverage of the dockets and other needs of Wylie Municipal Court. 5. Conflicts. Wylie recognizes that Contractor may represent clients as an attorney. During the term of this Agreement, Contractor shall not represent any person or entity or otherwise engage in the practice of law in a matter directly adverse to Wylie, in an adversarial capacity before the Wylie City Council or any of its courts, agencies, boards or commissions, or in a matter that Wylie determines is adverse to the interests of Wylie. Further, Contractor represents that Contractor does not have any personal, business or financial interests or relationships which would cause a reasonable individual with knowledge of the relevant facts to question the integrity or impartiality of Contractor in performing the Services. Contractor shall evaluate on an ongoing basis whether, in Contractor's professional judgment, a conflict may become apparent or imminent. In the event that Contractor believes a conflict may develop or has developed, Contractor shall immediately communicate with Wylie about the perceived potential conflict. 6. Professional Obligations. Contractor must complete the minimum number of hours of Municipal Court Judicial Services Agreement—Presiding Judge Page 3 of 7 3068664 23 10/25/2022 Item C. instruction annually in the perfoiiiiance of the duties of a municipal court presiding judge as required by the laws of the State of Texas and any applicable rule or statute. Wylie shall pay the reasonable cost of such required training, including required books and materials upon receipt by Wylie of written invoices for the same. Contractor shall ensure that official copies of records documenting such training shall be kept and maintained at all times. The Contractor shall provide proof of current certification from the State Bar of Texas on October 1 of each year during the term of this Agreement. 7. Entire Agreement. This Agreement contains all representations, understandings, contracts and agreements between the parties regarding the subject matter of this Agreement. This Agreement supersedes all oral or written previous and contemporaneous agreements, writings, understandings, representations or contracts between the parties regarding the subject matter of this Agreement. No amendment to this Agreement shall be made except on the written agreement of the parties, which shall not be construed to release either party from any obligation of this Agreement except as specifically provided for in such amendment. 8. No Supervisory Capacity. Contractor acknowledges that the clerks of the Wylie Municipal Court are supervised by the City Manager as administrative employees and that Municipal Court prosecutors are supervised by the City Attorney. Contractor does not serve in a supervisory role as to any of these or other employees of Wylie except with regard to judicial procedures of the court. However, he/she shall consult with the appropriate department head or City Manager concerning needed improvements or problems that come to his/her attention through his/her service under this Agreement. 9. No Prohibited Interest. Contractor acknowledges and agrees that it is aware of, and will abide by, the no prohibited interest requirement of Wylie City Charter. Contractor acknowledges and agrees that the existence of a prohibited interest during the term of this Agreement will render this Agreement voidable. 10. Liability. To the fullest extent permitted by law, Contractor shall be fully and solely responsible and liable for Contractor's own acts and omissions and for any and all damage to Contractor's equipment and other property. Wylie assumes no such responsibility or liability. Wylie shall have no such responsibility or liability to Contractor. 11. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, regulations and policies, as they exist, may be amended or in the future arising, applicable to Contractor and its work under this Agreement. If Contractor observes or is notified that the work under this Agreement is at variance with applicable laws, statutes, ordinances, regulations and policies, Contractor shall immediately notify Wylie in writing. 12. Assignment. Contractor agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of Wylie. Municipal Court Judicial Services Agreement—Presiding Judge Page 4 of 7 3068664 24 10/25/2022 Item C. 13. Savings/Severability. In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been included in this Agreement. 14. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. Attorneys' Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Wylie and Contractor, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal. 16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 17. No Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. 18. Headings. The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 19. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party a via hand-delivery service, or to any courier service that provides a return receipt showing the date of actual delivery of the same to the addressee thereof. Notice given in accordance herewith shall be effective on receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Contractor, to: Art Maldonado 2770 Main Street, Suite 91 Frisco, TX 75033 Telephone: Email: Municipal Court Judicial Services Agreement—Presiding Judge Page 5 of 7 3068664 25 10/25/2022 Item C. If to Wylie, to: City of Wylie Attn: City Manager, Brent Parker 300 Country Club Rd Wylie, Texas Email: brent.parker@wylietexas.gov With a copy to:Abernathy, Roeder, Boyd & Hullett, P.C. Attn.: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: Facsimile: Email: 20. Representations. Each party states that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. Independent Contractor. Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of Wylie; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing the same; that the doctrine of respondent superior shall not apply as between Wylie and Contractor; and that nothing herein shall be construed as creating a partnership or joint enterprise between Wylie and Contractor. Neither Contractor nor his agents or employees shall be deemed to be an employee of Wylie for any purpose whatsoever. Contractor shall not be eligible to participate in any benefit program provided by Wylie for its employees. Contractor shall be exclusively responsible for the payment of his/her own taxes, withholding payments, penalties, fees, fringe benefits, contributions to insurance and pension or other deferred compensation plans, including but not limited to worker's compensation and Social Security obligations, professional fees or dues. Wylie may arrange to provide space for Contractor to use to facilitate access to the Municipal Court staff and others. The provision of space is not compensation, nor does it change the nature of the relationship from that of independent contractor. Contractor agrees to make use of the space, if any, as an accommodation to Wylie and only to conduct business in accordance with this Agreement. 22. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of the authorized representatives of Wylie and Contractor. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a Municipal Court Judicial Services Agreement—Presiding Judge Page 6 of 7 3068664 26 10/25/2022 Item C. whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 24. No Waiver of Immunity. The parties acknowledge and agree that, in executing and performing this Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein 25. Chapter 2270 Certification. In accordance with Chapter 2270 of the Texas Government Code, Contractor hereby certifies that Contractor (a) does not boycott Israel; and(b)will not boycott Israel during the teliil of any contract with Wylie, including during the tem" of this Agreement. 26. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE,TEXAS By: Printed Name: Title: Date: By: Printed Name: Date: Municipal Court Judicial Services Agreement—Presiding Judge Page 7 of 7 3068664 27 10/25/2022 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 for Woodlake Village, Lots 3-6, Block A,being a Replat of Lot 1, of Woodlake Village, establishing four commercial lots on 7.788 acres, generally located on State Highway 78 being 1000' east of Eubanks Lane. Recommendation Motion to approve Item as presented. Discussion OWNER: Wylie Shops by Slate &Business Park APPLICANT: Slate Land & Development Co The applicant has submitted a Replat to create Lot 3, 4, 5, and 6, Block A of Woodlake Village. The property is generally located on State Highway 78 being 1000' east of Eubanks Lane. The 7.788-acre tract was approved by the City Council as Planned Development(PD 2022-3 8)in May 2022 for the purpose of a Commercial Light Industrial development.The purpose of the Replat is to create three commercial lots, one industrial lot, and the access drives for the retail/industrial development. This plat is dedicating access,fire,and utility easements for the entire Planned Development. Two access points are provided from Centennial Drive, and one from State Highway 78. The site shall also provide cross access to the adjacent properties to the east and west of the site. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The site plan for Lot 4,Block A of Woodlake Village was approved by the P&Z Commission on October 4, 2022. 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 Government Code. P&Z Recommendation The Commission voted 6-0 to recommend approval. 28 2910/25/2022 Item D. Wylie City Council AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for September 30, 2022. Recommendation Motion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 30 10/25/2022 Item E. CITY OF WYLIE MONTHLY FINANCIAL REPORT Preliminary 9/30/2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 35,752,468 722,965 34,927,875 97.69%A FRANCHISE FEES 2,896,800 285,773 2,711,569 93.61%B LICENSES AND PERMITS 1,079,430 64,666 1,346,546 124.75%C INTERGOVERNMENTAL REV. 2,673,532 30,035 2,590,538 96.90% SERVICE FEES 4,008,588 429,087 3,969,142 99.02% D COURT FEES 248,950 27,239 312,039 125.34%E INTEREST INCOME 25,000 47,743 172,551 690.20%F MISCELLANEOUS INCOME 289,339 9,833 447,596 154.70% OTHER FINANCING SOURCES 2,488,645 82,648 5,326,740 214.04%G REVENUES 49,462,752 1,699,989 51,804,596 104.73% USE OF FUND BALANCE 7,003,602 0 7,003,602 100.00%H USE OF CARRY-FORWARD FUNDS 1,432,653 NA NA NA I TOTAL REVENUES 57,899,007 1,699,989 58,808,198 101.57% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 72,263 2,537 45,563 63.05% CITY MANAGER 1,329,836 101,441 1,190,484 89.52% CITY SECRETARY 388,450 22,139 300,226 77.29% CITY ATTORNEY 195,000 23,495 186,818 95.80% FINANCE 1,221,631 72,157 1,127,807 92.32% FACILITIES 978,273 139,471 850,954 86.99% MUNICIPAL COURT 530,514 37,400 442,008 83.32% HUMAN RESOURCES 743,111 46,186 711,616 95.76% PURCHASING 284,296 14,970 213,991 75.27% INFORMATION TECHNOLOGY 2,127,721 216,929 1,755,232 82.49% POLICE 12,468,653 1,111,181 11,614,965 93.15% FIRE 11,770,803 1,445,258 10,902,327 92.62% EMERGENCY COMMUNICATIONS 2,251,800 163,544 1,908,527 84.76% ANIMAL CONTROL 559,267 47,004 470,183 84.07% PLANNING 330,908 24,725 299,389 90.47% BUILDING INSPECTION 588,630 27,238 510,766 86.77% CODE ENFORCEMENT 262,419 17,267 217,519 82.89% STREETS 5,073,738 344,715 3,527,414 69.52%J PARKS 2,838,034 301,610 2,749,246 96.87% LIBRARY 2,178,698 246,946 1,961,810 90.05% COMBINED SERVICES 11,528,562 205,253 10,915,454 94.68%K TOTAL EXPENDITURES 57,722,607 4,611,466 51,902,299 89.92% REVENUES OVER/(UNDER) EXPENDITURES 176,400 -2,911,477 6,905,899 11.65% A. Property Tax Collections for FY21-22 as of September 30, 2022 are 99.6%, in comparison to FY20-21 for the same time period of 100%. Sales tax is on a 2 month lag and ten months have been received. Sales tax is up 9.7% from September 2021 and up 9% fiscal YTD. B. Franchise Fees are mostly paid quarterly. Cable and Telephone fees will be underbudget about $200k due to legislature changes and customers opting for streaming services which do not pay franchise fees. C. Licenses and Permits: New Dwelling Permits are up 23% from September YTD 2021 due to the new fee structure. Overall the category is up 5% from FY 2021. D. Service Fees: Trash fees are on a one month lag and only eleven months have been received. The remaining fees are from other seasonal fees. E. Municipal Court Fees are up 7% from September 2021 YTD. F. The blended interest rate on our investment pools has increased from .02% in Oct 2021 to 2.35% in September 2022. G.Yearly transfer from Utility Fund and $3 million from sale of 802 Kirby. H. Use of Fund Balance for Community Reinvestment: Dog Park, 2 Splashpads, SRC remodel, Sidewalks, Storm Drainage, 2 Quints, Fire Utility Truck, Library Sorter and Heart Pak Monitors. I. Largest Carry Forward items: Department Software Solution $220,870, Rowlett Creek Dam Improvements $110,000. Stone Road Rehab Project $615,000 J. $390,000 will be carried forward to FY 2023 for Stone Road repairs. K. $7 million transfer to Community Investment Fund. 31 10/25/2022 Item E. CITY OF WYLIE MONTHLY FINANCIAL REPORT Preliminary 9/30/2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 100.00% ACCOUNT DESCRIPTION 2021-2022 2021-2022 2021-2022 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 25,091,934 2,779,712 24,521,657 97.73% K INTEREST INCOME 8,500 30,519 94,242 1108.73% L MISCELLANEOUS INCOME 70,000 1,690 8,318 11.88% OTHER FINANCING SOURCES 31,841 0 39,884 125.26% M REVENUES 25,202,275 2,811,921 24,664,101 97.86% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 2,758,010 NA NA NA N TOTAL REVENUES 27,960,285 NA 24,664,101 88.21% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,106,839 20,939 726,292 65.62% UTILITIES - WATER 5,920,763 150,664 2,752,520 46.49% O CITY ENGINEER 447,538 54,716 403,842 90.24% UTILITIES - SEWER 1,352,231 109,023 1,085,618 80.28% UTILITY BILLING 1,320,992 73,981 1,060,090 80.25% COMBINED SERVICES 16,206,747 42,574 15,604,676 96.29% P TOTAL EXPENDITURES 26,355,110 451,897 21,633,038 82.08% REVENUES OVER/(UNDER) EXPENDITURES 1,605,175 2,360,025 3,031,063 6.13% K. Most Utility Fund Revenue is on a one month lag and only 11 months have been received. L. The blended interest rate on our investment pools has increased from .02% in Oct 2021 to 2.35% in September 2022. M. Insurance recoveries for damage to Newport Harbor Pump Station. N. Largest Carry Forward items: Department Software Solutions $150,300, Pump Station Backup Generators $1.8M and FM 2514 Waterline Relocation Construction $625,000 O. Pump station generators (totaling approx. $1.6m) have not been completed and will be carried forward to FY 2023. P. Annual transfer to the General Fund of $2.4 million. Other expenses include payments to NTMWD for water minimum and sewer treatment. 32 10/25/2022 Item E. Wylie City Council AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2022. Recommendation Motion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 33 10/25/2022 Item F. 3410/25/2022 Item F. Wylie City Council AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2022-67 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve the Item as presented. Discussion This request is to adjust the estimated carry forward amounts presented in the FY 2023 budget. The adjusted amounts are based on the remaining purchase order balances as of October 1, 2022. Carry forward requests that were completed or received prior to September 30, 2022 are removed from the budget. There were two budget amendments approved by council late in FY 2022 but after the FY 2023 budget was approved. These items are the Tahoe Replacement #304 for $35,000 and the TXDOT payment for $260,172 and are now being included as carry forwards. This budget amendment will not increase or decrease any of the fund balances since all of these items were approved in the FY 2022 budget and encumbered or accounted for in the fund balance for FY 2022. 35 10/25/2022 Item G. Ordinance No. 2022-67 Budget Amendment FY 2022-2023; Carry Over Items Page 1 of 2 ORDINANCE NO. 2022-67 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2022-56, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2022-2023; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2022-56 setting forth the Budget for Fiscal Year 2022-2023 beginning October 1, 2022, and ending September 30, 2023; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2022-2023 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2022-2023 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2022-67, are completely adopted and approved as amendments to the said FY 2022-2023 Budget. SECTION II: All portions of the existing FY 2022-2023 Budget and Ordinance No. 2022-56, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, 36 10/25/2022 Item G. Ordinance No. 2022-67 Budget Amendment FY 2022-2023; Carry Over Items Page 2 of 2 nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25th day of October, 2022. _____________________________________ Matthew Porter, Mayor ATTEST: ______________________________ Stephanie Storm, City Secretary 37 10/25/2022 Item G. Budget Amendment Exhibit A Carry Forward Items Adjustment Fund Department Account Number Account Description Debit Credit 100 5113 56040 Special Services 2,270.00 100 5155 52130 Tools & Equipment 67,355.00 100 5211 58510 Motor Vehicles 35,000.00 100 5231 52130 Tools & Equipment 53,690.00 100 5231 52710 Wearing Apparel and Uniforms 13,614.00 100 5231 54910 Buildings 25,000.00 100 5231 58510 Motor Vehicles 32,785.00 100 5231 58850 Major Tools and Equipment 243,125.00 100 5241 52130 Tools & Equipment 1,025.00 100 5411 54210 East Stone Repairs 34,865.00 100 5411 56570 Engineering/Architectural 3,852.00 100 5411 58570 Engineering/Architectural (CAP)4,776.00 100 5411 58810 Computer Hardware/Software 1,240.00 100 5181 56570 Engineering/Architectural 48,785.00 100 5551 58850 Major Tools and Equipment 48,240.00 Total General Fund 35,000.00 580,622.00 112 5614 58150 Land Betterments 328.00 112 5614 58570 Engineering/Architectural (CAP)33,479.00 112 5625 54910 Buildings 12,000.00 Total 4B Sales Tax Fund 33,479.00 12,328.00 133 5643 58570 Engineering/Architectural (CAP)5,220.00 611 5711 56570 Engineering/Architectural 40,341.00 611 5712 56570 Engineering/Architectural 4,374.00 611 5712 58570 Engineering/Architectural (CAP)3,155.00 611 5712 58850 Major Tools and Equipment 11,500.00 611 5712 54330 Water Mains and Fire Hydrants 260,172.00 611 5714 52130 Tools & Equipment 6,829.00 Total Utility Fund 260,172.00 66,199.00 Total 333,871.00 659,149.00 38 10/25/2022 Item G. Requested Items to be Carried-Forward for FY 2022-2023 Budget (EXCLUDES CAPITAL FUNDS) * Projects with funds encumbered in FY 2022 Fund Dept.Account Number Description Amount PO #Balance as of Oct 1st FY 2023 CF Adj 100 City Secretary 100-5113-56040 Map Preservation Project 4,800 *106955 2,530 (2,270) 100 IT 100-5155-52130 Council Technology Upgrades 150,000 *106371 82,645 (67,355) 100 IT 100-5155-54810 Department Software Solution (shared with Utility Fund)150,000 150,000 0 100 IT 100-5155-58810 Upgrade Council Streaming Equipment 75,000 75,000 0 375,000 307,645 (67,355) 100 Police 100-5211-58510 FY 2023 Vehicles Advance Order (approved mid year)217,500 *105918 217,500 0 100 Police 100-5211-58510 Tahoe Replacement #304 (accident)0 107383 35,000 35,000 100 Fire 100-5231-52130 Division Chief Ford Ranger Graphics 1,155 *1,155 0 100 Fire 100-5231-52130 Rapid Diver Replacement Equipment 2,035 *103469 0 (2,035) 100 Fire 100-5231-52130 PPE- SCBAs, Cylinders, Masks and Hoses for Quints 44,647 *103498 0 (44,647) 100 Fire 100-5231-52130 C143-Topper, Bumper, Steps 7,008 *103493 0 (7,008) 100 Fire 100-5231-52710 PPE - Techgen Jackets for Stock 1,900 *106626 0 (1,900) 100 Fire 100-5231-52710 SO- SW Drysuit XL 1,996 *104339 0 (1,996) 100 Fire 100-5231-52710 Uniform-Class A Dress Pant/Coat 614 *106816 0 (614) 100 Fire 100-5231-52710 PPE - Bunker Gear fpr 3 New Recruits 9,104 *105851 0 (9,104) 100 Fire 100-5231-54510 457-Ranger Upfit 6,432 *104912 6,432 0 100 Fire 100-5231-54510 Fix Coolant Level Sensor False Alarm 2,962 *105823 2,962 0 100 Fire 100-5231-54910 Station 1 Bay Floor refinish 25,000 0 (25,000) 100 Fire 100-5231-58510 1/2 Ton Ford Ranger Pickup 32,785 *103838 0 (32,785) 100 Fire 100-5231-58510 Horton Model 623 Ambulance 338,840 *102807 338,840 0 100 Fire 100-5231-58850 6 Lifepak 15 V4 Monitors with all accessories 243,125 *103620 0 (243,125) 717,602 349,389 (368,213) 100 Emergency Communications100-5241-52130 Base Stations for Station 4 & Replacement Headset 1,025 *106224 0 (1,025) 100 Streets 100-5411-54210 East Stone Repairs 34,865 *103015 0 (34,865) 100 Streets 100-5411-54210 County Rehab of Stone Road 389,997 389,997 0 100 Streets 100-5411-54210 RR Median at Brown 81,899 *106120 81,899 0 100 Streets 100-5411-54210 10% Match of TXDOT HSIP Projects 49,195 No PO 49,195 0 100 Streets 100-5411-54250 Raise Signal at Brown 20,000 *106188 20,000 0 100 Streets 100-5411-56570 TXDOT HSIP Intersection Design Plans 4,400 *101015-R1 4,400 0 100 Streets 100-5411-56570 Wylie High School Traffic Crosswalk Study 4,490 *105856 1,123 (3,367) 100 Streets 100-5411-56570 MS-4 Permit 2019 904 *97803 419 (485) 100 Streets 100-5411-58510 FY 2023 Vehicles Advance Order (approved mid year)91,530 *106996 91,530 0 100 Streets 100-5411-58570 McCreary/Hensley Signal Design 60,000 107933 55,224 (4,776) 100 Streets 100-5411-58810 On-Call Traffic Services 46,000 107431 44,760 (1,240) 100 Streets 100-5411-58850 Asphalt Roller 20,647 *103559 20,647 0 803,927 759,194 (44,733) 39 10/25/2022 Item G. Requested Items to be Carried-Forward for FY 2022-2023 Budget (EXCLUDES CAPITAL FUNDS) * Projects with funds encumbered in FY 2022 Fund Dept.Account Number Description Amount PO #Balance as of Oct 1st FY 2023 CF Adj 100 Combined Services 100-5181-56570 Wylie Downtown Traffic Impact Analysis 52,380 *102097 3,595 (48,785) 100 Library 100-5551-58850 Library Sorter 120,000 107493 71,760 (48,240) TOTAL GENERAL FUND 2,292,233 1,711,613 (580,620) 112 Brown House 112-5612-52130 Custom Minature Replica 6,000 6,000 0 112 Brown House 112-5612-54910 General Maint. (House Painting)50,000 50,000 0 112 SRC 112-5613-58570 WSRC Renovation Design and Engineering 222,065 222,065 0 112 4B Parks 112-5614-58150 Replacement of Valentine Park Playground 70,000 *103909 69,672 (328) 112 4B Parks 112-5614-58150 Irrigation Pump Founders Softball 42,500 42,500 0 112 4B Parks 112-5614-58570 Design for Dog Park and Splashpads 156,000 *105284 189,479 33,479 112 WRC 112-5625-54910 Mesquite floor 12,000 *106009 0 (12,000) 112 Stonehaven House 112-5627-54910 Stonehaven House Phase 1 120,000 120,000 0 TOTAL 4B SALES TAX FUND 678,565 699,716 21,151 175 Public Arts 175-5175-58150 Land Betterments 112,000 112,000 0 133 Fire Development 133-5643-56040 Emergency Services Studies 55,000 55,000 0 133 Fire Development 133-5643-58570 Station 4 Architectural Services 46,784 *106106 52,004 5,220 TOTAL FIRE DEVELOPMENT 101,784 107,004 5,220 611 Utility Admin 611-5711-54810 Department Software Solution (shared with General Fund)135,730 135,730 0 611 Utlity Admin 611-5711-56570 Wastewater Treatment Plant Decommissioning Design 65,739 *98072 25,398 (40,341) 611 Utility Admin 611-5711-56570 FM 544 & Country Club Road Utility Relocations 18,455 *104729 18,455 0 611 Utility Admin 611-5711-58570 Woodbridge/Hensley Signal Design 31,750 *104136 31,750 0 611 Water 611-5712-54310 Newport Harbor Tank Repairs 130,000 130,000 0 611 Water 611-5712-56570 FM 2514 Waterline Relocation Design 16,000 *107300 11,626 (4,374) 611 Water 611-5712-58570 Water Pump Station Back-up Power Generators Design 24,624 *97886-R1 21,469 (3,155) 611 Water 611-5712-58850 Water Pump Station Back-up Power Generators 1,278,969 *106109 1,278,969 0 611 Water 611-5712-58850 Water Pump Station Back-up Power Generators (Contingency)373,411 No PO 361,911 (11,500) 611 Water 611-5712-54330 TXDOT additional payment 0 260,172 260,172 611 Wastewater 611-5714-52130 Trailer 6,829 *104871 0 (6,829) 611 Wastewater 611-5714-56570 Wastewater Treatment Plant Decommissioning Design 761 *98072 761 0 TOTAL UTILITY FUND 2,082,268 2,276,241 193,973 620 Sewer Repair/Replace 620-5730-58410 Sanitary Sewer Assessment Repairs 1,500,000 1,500,000 0 40 10/25/2022 Item G. Wylie City Council AGENDA REPORT Department: WEDC Account Code: Prepared By: Jason Greiner Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30, 2022. Recommendation Motion to approve the Item as presented. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on October 19, 2022. 41 10/25/2022 Item H. 10/12/2022 10:29:19 AM Page 1 of 4 September Rev/Exp Report Account Summary For Fiscal: 2021-2022 Period Ending: 09/30/2022 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 111 - WYLIE ECONOMIC DEVEL CORP Revenue Category: 400 - Taxes SALES TAX 3,789,966.00 3,422,254.76 -367,711.24 9.70 %337,512.61111-4000-40210 3,789,966.00 Category: 400 - Taxes Total:3,422,254.76337,512.613,789,966.00 3,789,966.00 -367,711.24 9.70% Category: 460 - Interest Income ALLOCATED INTEREST EARNINGS 6,000.00 20,319.95 14,319.95 338.67 %0.00111-4000-46110 6,000.00 Category: 460 - Interest Income Total:20,319.950.006,000.00 6,000.00 14,319.95 238.67% Category: 480 - Miscellaneous Income RENTAL INCOME 132,240.00 127,985.00 -4,255.00 3.22 %5,550.00111-4000-48110 132,240.00 MISCELLANEOUS INCOME 0.00 1,544.96 1,544.96 0.00 %0.00111-4000-48410 0.00 GAIN/(LOSS) SALE OF CAP ASSETS 2,601,116.00 -70,386.08 -2,671,502.08 102.71 %0.00111-4000-48430 2,601,116.00 Category: 480 - Miscellaneous Income Total:59,143.885,550.002,733,356.00 2,733,356.00 -2,674,212.12 97.84% Category: 490 - Transfers In & Other Financing Sources BANK NOTE PROCEEDS 16,216,000.00 16,216,000.00 0.00 0.00 %0.00111-4000-49325 0.00 Category: 490 - Transfers In & Other Financing Sources Total:16,216,000.000.000.00 16,216,000.00 0.00 0.00% Revenue Total:19,717,718.59343,062.616,529,322.00 22,745,322.00 -3,027,603.41 13.31% Expense Category: 510 - Personnel Services SALARIES 286,558.00 273,702.72 12,855.28 4.49 %22,735.82111-5611-51110 286,558.00 OVERTIME 0.00 222.52 -222.52 0.00 %0.00111-5611-51130 0.00 LONGEVITY PAY 729.00 724.00 5.00 0.69 %0.00111-5611-51140 729.00 TMRS 44,530.00 42,141.41 2,388.59 5.36 %3,589.41111-5611-51310 44,530.00 HOSPITAL & LIFE INSURANCE 49,304.00 39,162.44 10,141.56 20.57 %3,836.94111-5611-51410 49,304.00 LONG-TERM DISABILITY 1,707.00 357.36 1,349.64 79.07 %0.00111-5611-51420 1,707.00 FICA 18,623.00 15,676.96 2,946.04 15.82 %1,311.14111-5611-51440 18,623.00 MEDICARE 4,355.00 3,666.32 688.68 15.81 %306.63111-5611-51450 4,355.00 WORKERS COMP PREMIUM 390.56 390.55 0.01 0.00 %0.00111-5611-51470 378.00 UNEMPLOYMENT COMP (TWC)1,080.00 40.29 1,039.71 96.27 %0.00111-5611-51480 1,080.00 Category: 510 - Personnel Services Total:376,084.5731,779.94407,264.00 407,276.56 31,191.99 7.66% Category: 520 - Supplies OFFICE SUPPLIES 5,000.00 4,286.96 713.04 14.26 %360.19111-5611-52010 5,000.00 POSTAGE & FREIGHT 300.00 83.30 216.70 72.23 %11.60111-5611-52040 300.00 FOOD SUPPLIES 6,100.00 3,499.44 2,600.56 42.63 %313.12111-5611-52810 6,100.00 Category: 520 - Supplies Total:7,869.70684.9111,400.00 11,400.00 3,530.30 30.97% Category: 540 - Materials for Maintenance FURNITURE & FIXTURES 9,258.00 8,958.50 299.50 3.24 %0.00111-5611-54610 2,500.00 COMPUTER HARD/SOFTWARE 5,500.00 4,374.99 1,125.01 20.45 %125.00111-5611-54810 5,500.00 Category: 540 - Materials for Maintenance Total:13,333.49125.008,000.00 14,758.00 1,424.51 9.65% Category: 560 - Contractual Services INCENTIVES 1,043,973.00 324,714.18 719,258.82 68.90 %0.00111-5611-56030 1,043,973.00 SPECIAL SERVICES 4,481,339.00 2,233,074.70 2,248,264.30 50.17 %13,856.25111-5611-56040 118,156.00 ADVERTISING 129,100.00 80,881.61 48,218.39 37.35 %11,022.14111-5611-56080 129,100.00 COMMUNITY DEVELOPMENT 52,050.00 44,479.94 7,570.06 14.54 %0.00111-5611-56090 52,050.00 COMMUNICATIONS 6,400.00 5,275.74 1,124.26 17.57 %654.30111-5611-56110 6,400.00 RENTAL 27,000.00 27,000.00 0.00 0.00 %4,500.00111-5611-56180 27,000.00 TRAVEL & TRAINING 74,600.00 56,888.28 17,711.72 23.74 %6,244.92111-5611-56210 74,600.00 DUES & SUBSCRIPTIONS 57,210.00 56,614.78 595.22 1.04 %2,193.12111-5611-56250 39,810.00 INSURANCE 6,303.00 5,458.01 844.99 13.41 %0.00111-5611-56310 6,303.00 AUDIT & LEGAL SERVICES 33,000.00 17,566.00 15,434.00 46.77 %132.00111-5611-56510 33,000.00 42 10/25/2022 Item H. Budget Report For Fiscal: 2021-2022 Period Ending: 09/30/2022 10/12/2022 10:29:19 AM Page 2 of 4 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget ENGINEERING/ARCHITECTURAL 262,800.00 138,302.55 124,497.45 47.37 %750.00111-5611-56570 87,500.00 UTILITIES-ELECTRIC 2,400.00 2,026.64 373.36 15.56 %255.77111-5611-56610 2,400.00 Category: 560 - Contractual Services Total:2,992,282.4339,608.501,620,292.00 6,176,175.00 3,183,892.57 51.55% Category: 570 - Debt Service & Capital Replacement PRINCIPAL PAYMENT 5,443,700.71 5,041,123.51 402,577.20 7.40 %46,940.42111-5611-57410 694,127.33 INTEREST EXPENSE 391,235.38 338,197.61 53,037.77 13.56 %55,726.05111-5611-57415 315,135.79 Category: 570 - Debt Service & Capital Replacement Total:5,379,321.12102,666.471,009,263.12 5,834,936.09 455,614.97 7.81% Category: 580 - Capital Outlay LAND-PURCHASE PRICE 4,142,718.16 4,136,097.34 6,620.82 0.16 %82,126.92111-5611-58110 0.00 STREETS & ALLEYS 0.00 0.00 0.00 0.00 %0.00111-5611-58210 2,175,000.00 CONTRA CAPITAL OUTLAY 0.00 -4,054,591.91 4,054,591.91 0.00 %0.00111-5611-58995 0.00 Category: 580 - Capital Outlay Total:81,505.4382,126.922,175,000.00 4,142,718.16 4,061,212.73 98.03% Expense Total:8,850,396.74256,991.745,231,219.12 16,587,263.81 7,736,867.07 46.64% Fund: 111 - WYLIE ECONOMIC DEVEL CORP Surplus (Deficit):10,867,321.8586,070.871,298,102.88 6,158,058.19 4,709,263.66 -76.47% Report Surplus (Deficit):86,070.87 10,867,321.851,298,102.88 6,158,058.19 4,709,263.66 -76.47% 43 10/25/2022 Item H. Budget Report For Fiscal: 2021-2022 Period Ending: 09/30/2022 10/12/2022 10:29:19 AM Page 3 of 4 Group Summary Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining Fund: 111 - WYLIE ECONOMIC DEVEL CORP Revenue 400 - Taxes 3,422,254.76337,512.613,789,966.00 3,789,966.00 -367,711.24 9.70% 460 - Interest Income 20,319.950.006,000.00 6,000.00 14,319.95 238.67% 480 - Miscellaneous Income 59,143.885,550.002,733,356.00 2,733,356.00 -2,674,212.12 97.84% 490 - Transfers In & Other Financing Sources 16,216,000.000.000.00 16,216,000.00 0.00 0.00% 19,717,718.59343,062.616,529,322.00 22,745,322.00 -3,027,603.41Revenue Total:13.31% Expense 510 - Personnel Services 376,084.5731,779.94407,264.00 407,276.56 31,191.99 7.66% 520 - Supplies 7,869.70684.9111,400.00 11,400.00 3,530.30 30.97% 540 - Materials for Maintenance 13,333.49125.008,000.00 14,758.00 1,424.51 9.65% 560 - Contractual Services 2,992,282.4339,608.501,620,292.00 6,176,175.00 3,183,892.57 51.55% 570 - Debt Service & Capital Replacement 5,379,321.12102,666.471,009,263.12 5,834,936.09 455,614.97 7.81% 580 - Capital Outlay 81,505.4382,126.922,175,000.00 4,142,718.16 4,061,212.73 98.03% 8,850,396.74256,991.745,231,219.12 16,587,263.81 7,736,867.07Expense Total:46.64% 10,867,321.8586,070.871,298,102.88 6,158,058.19 4,709,263.66Fund: 111 - WYLIE ECONOMIC DEVEL CORP Surplus (Deficit):-76.47% Report Surplus (Deficit):86,070.87 10,867,321.851,298,102.88 6,158,058.19 4,709,263.66 -76.47% 44 10/25/2022 Item H. Budget Report For Fiscal: 2021-2022 Period Ending: 09/30/2022 10/12/2022 10:29:19 AM Page 4 of 4 Fund Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget 111 - WYLIE ECONOMIC DEVEL CORP 10,867,321.8586,070.871,298,102.88 6,158,058.19 4,709,263.66 Report Surplus (Deficit):86,070.87 10,867,321.851,298,102.88 6,158,058.19 4,709,263.66 45 10/25/2022 Item H. Wylie Economic Development Corporation Statement of Net Position As of September 30, 2022 Assets Cash and cash equivalents 10,759,265.33$     Receivables 40,000.00$            Note 1 Inventories 16,271,495.53$     Prepaid Items ‐$                         Total Assets 27,070,760.86$     Deferred Outflows of Resources      Pensions 75,630.55$             Total deferred outflows of resources 75,630.55$             Liabilities Accounts Payable and other current liabilities 10,983.38$             Unearned Revenue 1,200.00$              Note 2 Non current liabilities:      Due within one year 41,905.26$            Note 3      Due in more than one year 16,255,182.25$     Total Liabilities 16,309,270.89$     Deferred Inflows of Resources      Pensions (45,385.41)$           Total deferred inflows of resources (45,385.41)$           Net Position Net investment in capital assets ‐$                         Unrestricted 10,791,735.11$     Total Net Position 10,791,735.11$     Note 1:  Includes incentives in the form of forgivable loans for $40,000 (LUV‐ROS) Note 2:  Deposits from rental property Note 3:  Liabilities due within one year includes compensated absences of $32,301 46 10/25/2022 Item H. 10/11/2022 3:52:33 PM Page 1 of 3 Balance Sheet Account Summary As Of 09/30/2022 Account Name Balance Fund: 111 - WYLIE ECONOMIC DEVEL CORP Assets 111-1000-10110 CLAIM ON CASH AND CASH EQUIV.10,743,781.17 111-1000-10115 CASH - WEDC - INWOOD 0.00 111-1000-10135 ESCROW 0.00 111-1000-10180 DEPOSITS 2,000.00 111-1000-10198 OTHER - MISC CLEARING 0.00 111-1000-10341 TEXPOOL 0.00 111-1000-10343 LOGIC 0.00 111-1000-10481 INTEREST RECEIVABLE 0.00 111-1000-11511 ACCTS REC - MISC 0.00 111-1000-11517 ACCTS REC - SALES TAX 0.00 111-1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 111-1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 111-1000-12996 LOAN RECEIVABLE 0.00 111-1000-12997 ACCTS REC - JTM TECH 0.00 111-1000-12998 ACCTS REC - FORGIVEABLE LOANS 40,000.00 111-1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 111-1000-14116 INVENTORY - LAND & BUILDINGS 16,189,368.61 111-1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 111-1000-14310 PREPAID EXPENSES - MISC 0.00 111-1000-14410 DEFERRED OUTFLOWS 660,793.66 27,635,943.44Total Assets:27,635,943.44 Liability 111-2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 111-2000-20111 MEDICARE PAYABLE 0.00 111-2000-20112 CHILD SUPPORT PAYABLE 0.00 111-2000-20113 CREDIT UNION PAYABLE 0.00 111-2000-20114 IRS LEVY PAYABLE 0.00 111-2000-20115 NATIONWIDE DEFERRED COMP 0.00 111-2000-20116 HEALTH INSUR PAY-EMPLOYEE 593.47 111-2000-20117 TMRS PAYABLE 0.00 111-2000-20118 ROTH IRA PAYABLE 0.00 111-2000-20119 WORKERS COMP PAYABLE 0.00 111-2000-20120 FICA PAYABLE 0.00 111-2000-20121 TEC PAYABLE 0.00 111-2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 111-2000-20123 ALIMONY PAYABLE 0.00 111-2000-20124 BANKRUPTCY PAYABLE 0.00 111-2000-20125 VALIC DEFERRED COMP 0.00 111-2000-20126 ICMA PAYABLE 0.00 111-2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00 111-2000-20130 FLEXIBLE SPENDING ACCOUNT 9,749.76 111-2000-20131 EDWARD JONES DEFERRED COMP 0.00 111-2000-20132 EMP CARE FLITE 12.00 111-2000-20133 Unemployment Comp Payable 6.45 111-2000-20151 ACCRUED WAGES PAYABLE 0.00 111-2000-20180 ADDIT EMPLOYEE INSUR PAY 211.70 111-2000-20199 MISC PAYROLL PAYABLE 0.00 111-2000-20201 AP PENDING 157.50 111-2000-20210 ACCOUNTS PAYABLE 95.00 111-2000-20530 PROPERTY TAXES PAYABLE 0.00 111-2000-20540 NOTES PAYABLE 660,793.66 111-2000-20810 DUE TO GENERAL FUND 0.00 47 10/25/2022 Item H. Balance Sheet As Of 09/30/2022 10/11/2022 3:52:33 PM Page 2 of 3 Account Name Balance 111-2000-22270 DEFERRED INFLOW 0.00 111-2000-22275 DEF INFLOW - LEASE PRINCIPAL 0.00 111-2000-22280 DEFERRED INFLOW - LEASE INT 0.00 111-2000-22915 RENTAL DEPOSITS 1,200.00 672,819.54Total Liability: Equity 111-3000-34110 FUND BALANCE - RESERVED 0.00 111-3000-34590 FUND BALANCE-UNRESERV/UNDESIG 16,095,802.05 16,095,802.05Total Beginning Equity: 19,717,718.59Total Revenue 8,850,396.74Total Expense 10,867,321.85Revenues Over/Under Expenses Total Liabilities, Equity and Current Surplus (Deficit):27,635,943.44 26,963,123.90Total Equity and Current Surplus (Deficit): 48 10/25/2022 Item H. Balance Sheet As Of 09/30/2022 10/11/2022 3:52:33 PM Page 3 of 3 Account Name Balance Fund: 922 - GEN LONG TERM DEBT (WEDC) Assets 922-1000-10312 GOVERNMENT NOTES 0.00 922-1000-18110 LOAN - WEDC 0.00 922-1000-18120 LOAN - BIRMINGHAM 0.00 922-1000-18210 AMOUNT TO BE PROVIDED 0.00 922-1000-18220 BIRMINGHAM LOAN 0.00 922-1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 39,535.29 922-1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 3,027.00 922-1000-19075 DEF OUTFLOW - INVESTMENT EXP -37,953.52 922-1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 71,021.78 922-1000-19125 (GAIN)/LOSS ON ASSUMPTION CHGS -44,574.41 922-1000-19126 DEF INFLOW SDBF CONTRIBUTIONS -811.00 30,245.14Total Assets:30,245.14 Liability 922-2000-20310 COMPENSATED ABSENCES PAYABLE 0.00 922-2000-20311 COMP ABSENCES PAYABLE-CURRENT 32,300.82 922-2000-21410 ACCRUED INTEREST PAYABLE 9,604.44 922-2000-28205 WEDC LOANS/CURRENT 0.00 922-2000-28220 BIRMINGHAM LOAN 0.00 922-2000-28230 INWOOD LOAN 0.00 922-2000-28232 ANB LOAN/EDGE 0.00 922-2000-28233 ANB LOAN/PEDDICORD WHITE 0.00 922-2000-28234 ANB LOAN/RANDACK HUGHES 0.00 922-2000-28235 ANB LOAN 0.00 922-2000-28236 ANB CONSTRUCTION LOAN 0.00 922-2000-28237 ANB LOAN/ WOODBRIDGE PARKWAY 0.00 922-2000-28238 ANB LOAN/BUCHANAN 0.00 922-2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 922-2000-28240 HUGHES LOAN 0.00 922-2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 0.00 922-2000-28245 ANB LOAN/DALLAS WHIRLPOOL 0.00 922-2000-28246 GOVCAP LOAN/KIRBY 7,846,537.60 922-2000-28247 JARRARD LOAN 144,081.16 922-2000-28248 GOVCAP LOAN/SERIES 2022 8,067,548.32 922-2000-28250 CITY OF WYLIE LOAN 0.00 922-2000-28260 PRIME KUTS LOAN 0.00 922-2000-28270 BOWLAND/ANDERSON LOAN 0.00 922-2000-28280 CAPITAL ONE CAZAD LOAN 0.00 922-2000-28290 HOBART/COMMERCE LOAN 0.00 922-2000-29150 NET PENSION LIABILITY 185,989.17 922-2000-29151 SDBF LIABILITY 11,026.00 16,297,087.51Total Liability: Equity 922-3000-34590 FUND BALANCE-UNRESERV/UNDESIG -4,971,701.88 922-3000-35900 UNRESTRICTED NET POSITION -120,264.00 -5,091,965.88Total Beginning Equity: -16,216,000.00Total Revenue -5,041,123.51Total Expense -11,174,876.49Revenues Over/Under Expenses Total Liabilities, Equity and Current Surplus (Deficit):30,245.14 -16,266,842.37Total Equity and Current Surplus (Deficit): 49 10/25/2022 Item H. MONTH FY 2019 FY 2020 FY 2021 FY 2022 DECEMBER 214,867.15$ 226,663.94$ 235,381.33$ 263,577.66$ 28,196.33$ 11.98% JANUARY 223,749.61$ 218,520.22$ 262,263.52$ 326,207.92$ 63,944.40$ 24.38% FEBRUARY 307,366.66$ 362,129.18$ 456,571.35$ 417,896.79$ (38,674.56)$ -8.47% MARCH 208,222.32$ 228,091.34$ 257,187.91$ 305,605.50$ 48,417.59$ 18.83% APRIL 182,499.53$ 203,895.57$ 221,881.55$ 265,773.80$ 43,892.25$ 19.78% MAY 274,299.18$ 289,224.35$ 400,371.70$ 401,180.20$ 808.50$ 0.20% JUNE 234,173.88$ 239,340.35$ 290,586.92$ 343,371.26$ 52,784.34$ 18.16% JULY 215,107.94$ 296,954.00$ 314,559.10$ 331,432.86$ 16,873.76$ 5.36% AUGUST 283,602.93$ 325,104.34$ 390,790.76$ 429,696.16$ 38,905.40$ 9.96% SEPTEMBER 243,048.40$ 259,257.89$ 307,681.15$ 337,512.61$ 29,831.46$ 9.70% OCTOBER 224,875.38$ 249,357.02$ 326,382.38$ -$ -$ 0.00% NOVEMBER 308,324.41$ 384,953.89$ 411,813.32$ -$ -$ 0.00% Sub-Total 2,920,137.37$ 3,283,492.09$ 3,875,470.98$ 3,422,254.75$ 284,979.47$ 10.99% Total 2,920,137.37$ 3,283,492.09$ 3,875,470.98$ 3,422,254.75$ 284,979.47$ 10.99% *** Sales Tax collections typically take 2 months to be reflected as Revenue. SlsTx receipts are then accrued back 2 months. Example: September SlsTx Revenue is actually July SlsTx and is therefore the 10th allocation in FY22. DIFF 21 vs. 22 % DIFF 21 vs. 22 Wylie Economic Development Corporation SALES TAX REPORT September 30, 2022 BUDGETED YEAR $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 WEDC Sales Tax  Analysis  2021 2022 50 10/25/2022 Item H. Cooper St.McMasters 7/12/05 709 Cooper 0.4750 -$ n/a 202,045.00$ Heath 12/28/05 706 Cooper 0.4640 32,005.00$ 3,625 186,934.22$ Perry 9/13/06 707 Cooper 0.4910 -$ n/a 200,224.00$ Bowland/Anderson 10/9/07 Cooper Dr. 0.3720 -$ n/a 106,418.50$ Duel Products 9/7/12 704 Cooper Dr. 0.5000 -$ n/a 127,452.03$ Randack 10/23/12 711-713 Cooper Dr. 1.0890 217,500.00$ 8,880 400,334.00$ Lot 2R3 7/24/14 Cooper Dr. 0.9500 -$ n/a 29,056.00$ 1,252,463.75$ Regency Dr.Regency Pk. 6/4/10 25 Steel Road 0.6502 -$ n/a 25,170.77$ 25,170.77$ Commerce Dr.Hobart Investments 11/12/13 Commerce 1.6000 -$ n/a 156,819.50$ Hobart 1/6/14 605 Commerce 1.0650 396,263.00$ 20,000 386,380.00$ Dallas Whirlpools 11/22/16 900-908 Kirby 4.7600 128,925.00$ 9,000 2,182,080.30$ City of Wylie 10/22/21 802 Kirby 4.7900 -$ n/a 3,000,000.00$ 5,725,279.80$ Downtown Heath 3/17/14 104 N. Jackson 0.1720 -$ n/a 220,034.00$ Udoh 2/12/14 109 Marble 0.1700 -$ n/a 70,330.00$ Peddicord 12/12/14 100 W. Oak St 0.3481 155,984.00$ 4,444 486,032.00$ City Lot 12/12/14 108/110 Jackson 0.3479 -$ n/a Jones (K&M) 9/3/15 106 N. Birmingham 0.2100 42,314.00$ 4,125 190,596.10$ Pawn Shop/All The Rave 1/7/22 104 S. Ballard 0.0860 5,420.00$ 1,885 $475,441.20 FBC Lot 6/15/16 111 N. Ballard St 0.2000 -$ n/a 150,964.00$ FFA Village 1/7/18 102. N. Birmingham 0.1700 -$ n/a 99,804.00$ Boyd 7/28/21 103 S. Ballard 0.0760 49,231.00$ Demo 328,792.20$ Keefer 10/27/21 401 N Keefer Dr 0.4890 83,084.00$ Demo 237,951.39$ Parupia 8/19/22 200 W Brown 0.0770 -$ Demo 159,325.57$ UP Lot 9/30/22 UP Lot 0.4760 -$ 832 82,126.92$ 2,501,397.38$ Alanis Dr.White Property 12/12/14 Alanis 6.6328 -$ n/a 420,336.00$ 420,336.00$ South Ballard Birmingham Trust 6/3/15 505 - 607 S. Ballard 1.1190 -$ n/a 409,390.00$ Murphy 3/7/19 701 S. Ballard 0.2000 115,724.00$ 1,312 172,487.04$ Marlow 3/31/22 305 S. Ballard 0.1865 1,008 185,457.52$ Braley 7/22/19 503 S. Ballard 0.2558 -$ n/a 177,397.96$ 759,275.00$ Squire Dr.Gallagher 3/14/18 Squire-lot 2-4 2.6720 100,404.00$ 6,000 573,844.35$ 573,844.35$ Brown & 78 Turner 12/5/18 504 E. Brown 1.0220 -$ n/a 308,179.81$ Wallace 12/18/18 502 E. Brown 0.1870 24,637.00$ Demo 204,775.00$ Karan 12/28/18 300 E. Brown 2.3866 -$ n/a 1,250,391.20$ O'Donald 1/7/19 410 E. Brown 0.1870 64,421.00$ Demo 177,043.75$ Weatherford 2/12/19 303 Marble 2.1740 -$ n/a 757,488.00$ Brothers JV 2/26/19 306 & 308 N. 2nd Street 0.3770 -$ n/a 145,923.04$ Pulliam 2/27/19 300 N. 2nd Street 0.2570 122,764.00$ 1,364 218,472.20$ Swayze 4/18/19 208 N. 2nd Street 0.2580 -$ n/a 187,501.40$ Swayze 5/9/19 204 N. 2nd Street 0.2580 -$ n/a 187,658.20$ Kreymer 10/9/19 302 N. 2nd Street 0.1290 72,609.00$ 1,386 187,941.76$ KCS 11/22/19 Hwy 78 Frontage 2.5363 -$ n/a 674,110.20$ City of Wylie 5/14/20 ROW Purchase/Alleys 1.8800 -$ n/a 81,713.00$ Collin County 5/7/20 SWC Hwy 78 & Marble 0.3590 -$ n/a 75,964.20$ Collin County 5/7/20 414 S. 2nd Street (NWC Hwy 78 &1.2260 -$ n/a 296,152.20$ TxDOT 2/21/21 SWC Hwy 78 & Brown 0.2209 -$ n/a 78,540.00$ 4,831,853.96$ Total 44.5521 1,611,285.00$ 63,861 16,275,078.53$ 16,089,621.01$ Wylie Economic Development Corporation Inventory Subledger (Land) September 30, 2022 Property Purchase Date Address Acreage Improvements Cost Basis Sub-totals 51 10/25/2022 Item H. PERFORMANCE AGREEMENTS FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 CSD WOODBRIDGE 1,100,000.00$ 140,000.00$ 43,926.07$ -$ -$ -$ 43,926.07$ 916,073.93$ 1,100,000.00$ A BALLERS ELITE- THE LAB, LLC 20,000.00$ 20,000.00$ -$ -$ -$ -$ -$ -$ 20,000.00$ DW WYLIE 15,000.00$ 15,000.00$ -$ -$ -$ -$ -$ -$ 15,000.00$ CBC PROPERTY HOLDINGS 50,000.00$ 13,140.34$ -$ -$ -$ -$ -$ 25,000.00$ 38,140.34$ SAVANNAH WOODBRIDGE 90,000.00$ 45,000.00$ -$ -$ -$ -$ -$ 45,000.00$ 90,000.00$ CARDINAL STRATEGIES 106,800.00$ 16,933.00$ 24,934.00$ -$ -$ -$ 24,934.00$ 49,433.00$ 91,300.00$ AVANTI, LLC 120,000.00$ 30,000.00$ 30,000.00$ -$ -$ -$ 30,000.00$ 60,000.00$ 120,000.00$ GDA INVESTMENTS 30,500.00$ 20,000.00$ 10,500.00$ -$ -$ -$ 10,500.00$ -$ 30,500.00$ LUV-ROS 10,000.00$ 5,000.00$ 5,000.00$ -$ -$ -$ 5,000.00$ -$ 10,000.00$ B AMERICAN ENTITLEMENTS I 33,000.00$ 33,000.00$ --- -$ -$ -$ -$ -$ 33,000.00$ C NORTH DALLAS WYLIE LAND 120,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ -$ -$ 40,000.00$ 60,000.00$ 120,000.00$ AXL 65,000.00$ 46,500.00$ 9,250.00$ 9,250.00$ -$ -$ 18,500.00$ -$ 65,000.00$ FUEL CITY 500,000.00$ -$ 500,000.00$ -$ -$ -$ 500,000.00$ -$ 500,000.00$ AMERICAN ENTITLEMENTS II 35,000.00$ -$ 35,000.00$ -$ -$ -$ 35,000.00$ -$ 35,000.00$ 2,295,300.00$ 404,573.34$ 678,610.07$ 29,250.00$ -$ -$ 672,860.07$ 1,155,506.93$ 2,232,940.34$ Recently Paid - Balance Sheet needs to be updated Deferred Out Flow 648,934.00$ A. SLSTX Reimbursement Qrtly Pmnts B. Performance Agreeement ($10,000) and Forgiveable Land Grant ($60,000 forgiven over 3 years). $20,000/year in 2021, 2022, & 2023. C. Performance Agreeement Requirements were met. Removed the future obligation from FY23. Wylie Economic Development Corporation PERFORMANCE AGREEMENT REPORT September 30, 2022 TOTAL INCENTIVE BUDGETED YEAR REMAINING AFTER CURRENT FY PREVIOUS FY PAYMENTS TOTAL INCENTIVE 52 10/25/2022 Item H. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins, AICP Subject Hold a Public Hearing, consider, and act upon, a change in zoning from Agricultural District (AG/30) to Planned Development - Single Family (PD-SF) to allow for a single-family residential development with three open space lots and a commercial tract on 32.288 acres, generally located on Country Club Road approximately 2000’ south of Parker Road (ZC 2022-14). Recommendation Motion to approve Item as presented. Discussion OWNER: Fred Monroe for Monroe Estate APPLICANT: Skorburg Company The applicant is requesting to rezone 32.288 acres from AG/30 to a Planned Development with 78 single family lots, three open space lots, and one commercial tract. The applicant has made changes to previous proposals based on feedback received during previous City Council meetings. The feedback generally consisted of concerns for the single -family lot sizes, the limited amount of commercial property, and public access to the park. The applicant has reworked the site layout and PD Conditions to more closely resemble the SF-10/24 design standards of the Zoning Ordinance. As presented, the requested PD allows for 78 single family homes on minimum 10,000 square foot lots. Home sizes are a minimum 2,400 square feet. These standards match the density requirements of the SF 10/24 zoning district. The applicant has presented variance requests within the PD that include: - 7.5 feet side setbacks in lieu of 10 feet and 12.5 corner lots setbacks in lieu of 25 feet - 20’ rear setbacks for Lots 26-32, Block A and Lots 9-11, Block B in lieu of 25 feet - 80’ width on corner lots in lieu of 90’ - 55% lot coverage in lieu of 45% - Elevation repetition allowed within six lots in lieu of seven - Not requiring public open space easements along the lake - Alleys are not required - Front entry garages are allowed and can be 600 square feet without allowing for specified storage space The residential development prohibits accessory structures. The Planned Development is providing three open space areas. An HOA shall be established that will be responsible for the three open space lots that are provided on site. The property owner of Monroe Farms has decided to not include the land where an existing pond is currently located due to the complex difficulties of impoundment water rights by the City of Dallas. A 30-foot access easement has been provided on Street A of the Zoning Exhibit for access to the property. 53 10/25/2022 Item 1. The four-acre commercial tract shall comply with the design and use standards of the Neighborhood Service District as regulated in the Zoning Ordinance. A site plan shall be required for the commercial tract development. The surrounding properties to the north, east, and west are a mix of residential and commercial uses both in and outside of City limits. Properties to the south consist of an elementary school and community church. The proposal is in line with the land use of the Comprehensive Plan. The project faces Country Club Road which is a six-lane major thoroughfare. A preliminary plat will be required should zoning be approved. Notifications/Responses: Six notifications were mailed in accordance with state law; with one resp onse returned in favor and none in opposition to the request. P&Z Recommendation After some discussion regarding the details of the developer’s agreement with the school, the future plans for the commercial property and access to Country Club, and various PD Conditions, the Commission voted 6-0 to recommend approval with the condition that the repetition of elevations be at least six. 54 10/25/2022 Item 1. LEGAL DESCRIPTION EXHIBIT "A" MONROE FARMS BEING, a tract of land situated in the William Patterson Survey, Abstract No. 716, being part of a 49.6490 acre tract, as described in Vol. 1569, Pg. 328, in the Deed Records of Collin County, Texas, being more particularly described as follows: BEGINNING, at a ½ inch iron rod found at the southeast corner of said 49.6490 acre tract being in the west line of Country Club Road (90’ R.O.W.), being the northeast corner of Rita Smith Elementary School, an addition to the City of Wylie, as described in Doc. No. 2007-459 in the Plat Records of Collin County, Texas; THENCE, South 86°27’02” West, along the south line of said 49.6490 acre tract and the north line of said Rita Smith Elementary School, for a distance of 2126.71 feet, to ½ inch iron rod found at southwest corner of said 49.6490 acre tract being the northwest corner of said Rita Smith Elementary School and being in the west line of Kingsbridge Phase I, an addition to the City of Wylie, as described in Vol. 2015, Pg. 461 in the Plat Records of Collin County, Texas; THENCE, North 02°30’53” East, along the west line of said 49.6490 acre tract and the east line of said Kingsbridge Phase I, for a distance of 256.19 feet, to a ½ inch iron rod found; THENCE, South 89°05’40” West, continuing along said west and east lines, for a distance of 41.69 feet, to a calculate point for corner; THENCE, North 00°54’20” West, departing said lines, for a distance of 163.49 feet, to a calculated point for corner; THENCE, North 86°27’02” East, for a distance of 361.88 feet, to a calculated point for corner; THENCE, North 03°32’58” West, for a distance of 30.00 feet, to a calculated point for corner; THENCE, North 86°27’02” East, for a distance of 37.50 feet, to a calculated point for corner; THENCE, North 27°38’26” East, for a distance of 225.79 feet, to a calculated point for corner; THENCE, North 60°57’52” East, for a distance of 255.41 feet, to a ½ inch iron rod found in the north line of said 49.6490 acre tract; THENCE, North 88°43’44” East, along the north line of said 49.6490 acre tract, for a distance of 1419.54 feet, to a ½ inch iron rod found at the northeast corner of said 49.6490 acre tract, being in the west line of said Country Club Road; THENCE, South 01°02’43” East, along the west line of said Country Club and the east line of said 49.6490 acre tract, for a distance of 486.39 feet, to a ½ inch iron rod found; 55 10/25/2022 Item 1. THENCE, South 00°45’16” East, continuing along said east and west lines, for a distance of 210.95 feet, to the POINT OF BEGINNING and containing 32.288 acres of land. 56 10/25/2022 Item 1. 5710/25/2022 Item 1. PLANNED DEVELOPMENT STANDARDS EXHIBIT “C” MONROE FARMS I. PURPOSE Monroe Farms is a sustainable neighborhood with the intent to promote: (1) the highest and best use for this location, (2) the natural features of the current landscape, and (3) high quality housing product that will make a beautiful and enduring community which upholds and enhances the quality of the surrounding environment. Monroe Farms strives to be a shining example of what Wylie has to offer. The Neighborhood Service District, part of the Monroe Farms Planned Development, is a commercial development with the intent to promote: (1) convenient retail shopping, (2) personal services, and/or (3) professional offices serving the needs of Wylie residents. This commercial development strives to be a complementary component to the surrounding residential development and benefits Wylie, as a whole. RESIDENTIAL II. GENERAL CONDITIONS: 1. These Planned Development Standards shall not affect any regulations within the Zoning Ordinance (adopted as of 2021), except as specifically provided herein. 2. These Planned Development Standards shall not affect any regulations within the Subdivision Regulations (adopted as of 2003), except as specifically provided herein. 3. Lot to lot drainage shall not be allowed within the Planned Development. 4. The design and development of the Monroe Farms Planned Development shall take place in general accordance with the Zoning Exhibit (Exhibit B). A final plat shall not be approved nor construction of utilities commence prior to the completion of a Conditional Letter of Map Revision (CLOMR). However, a mass grading permit shall be issued to perform necessary grading activities upon City staff approval of the flood study and grading plan. Upon substantial completion, home construction shall be allowed to commence, but occupancy of any structure currently in the 100-year flood plain shall not be allowed until the completion of a Letter of Map Revision (LOMR). 58 10/25/2022 Item 1. III. SPECIAL CONDITIONS: 1. Section 3.2.B of the Zoning Ordinance is amended as follows: A. Development Standards: Following are the yard, lot, and space requirements for the Planned Development, including, density, height, lot and unit size. Figure 3-4 - Planned Development – Single Family (PD – SF) Density (Maximum) Number of Single family Lots shall not exceed 78 Lot Size (Minimum) Lot Area (sq. ft.) 10,000 Lot Width (feet) 75 Lot width of corner Lots (feet) 80 Lot Depth (feet) 100 Dwelling Regulations (Minimum) Minimum Square Footage 2,400 Design Standards Level of Achievement See Section 3.4 Residential Design Standards or as amended herein Yard Requirements (Minimum)– Main Structures Front Yard (feet) 25 Side Yard (feet) 7.5 Side Yard of Corner Lots (feet) 12.5 Rear Yard (feet)1 25 Lot Coverage 55% Height of Structures (Maximum) Main Structure (feet) 40 Accessory Structure (feet) No Accessory Structures Allowed 1 – With the exception of Lots 26-32 Block A and Lots 9-11 Block B on the Zoning Exhibit (Exhibit B), which shall allow a 20’ rear yard setback. 2. Section 3.4.D of the Zoning Ordinance - Land Design Standards are amended as follows: A. 3.4.D.1.a - No public open space easements shall be required in the Planned Development. 59 10/25/2022 Item 1. 3. Section 3.4.E of the Zoning Ordinance - Street and Sidewalk Standards are amended as follows: A. 3.4.E.1.a - No curvilinear streets shall be required in the Planned Development. B. 3.4.E.7.a. - Mailbox clusters shall be provided in the subdivision in conformance with USPS and as generally depicted on the zoning exhibit. 4. Section 3.4.F of the Zoning Ordinance - Architectural Standards are amended as follows: A. 3.4.F.9.a. - In order to encourage variety, the exterior facades of houses on the same side of the street shall vary within every 6 homes. The same exterior facade of home cannot be directly across the street from each other. When a home is constructed, the same combination of brick, stone, masonry-like materials, and paint shall not be used on other houses within six (6) lots on either side of that home. B. 3.4.F.10.a - Front entry garages that face the street shall be allowed. C. 3.4.F.10.b - Garages that are a minimum of 600 square feet shall count as a desirable design attribute. 5. Section 3.2.B of the Subdivision Regulations are amended as follows: A. Alleys shall not be required within the Planned Development. 6. The second point of vehicular access into the development shall be located off the existing drive on the properties to the south and shall be gate restricted for emergency access only. The developer shall be responsible for securing access to off-site access drives and property prior to construction. 7. A Homeowner’s Association (HOA) shall be established that will be responsible for maintenance of all perimeter fencing, screening, detention ponds, floodplain areas, HOA open space lots, HOA common areas, and landscaping within HOA areas for the Planned Development. 60 10/25/2022 Item 1. COMMERCIAL II. GENERAL CONDITIONS: 1. All regulations of the Neighborhood Service District (NS) set forth in Article 4, Section 4.1 of the Comprehensive Zoning Ordinance (adopted as of 2021) shall apply. 2. This Planned Development District shall not affect any regulations within the Subdivision Regulations (adopted as of 2003). 3. No site layout will be approved with this proposal nor is a development schedule proposed. Future site design shall be in accordance with the rules, regulations provided in the City of Wylie Zoning Ordinance, and Subdivision Regulations. 61 10/25/2022 Item 1. 62 10/25/2022 Item 1. MONROE FARMS City Council October 25, 2022 Approved Unanimously by P&Z on 10/4 63 10/25/2022 Item 1. Subject Property 64 10/25/2022 Item 1. October 18, 2022 3 Subject Property Location Subject Property Parker Road Country Club Road65 10/25/2022 Item 1. Zoning History 66 10/25/2022 Item 1. October 18, 2022 5 Previous Zoning History 2019 –Under Contract to Multi-Family Developer -Multi-Family Development with Parkland Dedication -Approved by Parks Board & Planning and Zoning Commission -Denied by City Council 2020 –Under Contract to For-Rent Townhome Developer -For-Rent Townhome Development with Parkland Dedication -Approved by Parks Board & Planning and Zoning Commission -Denied by City Council 67 10/25/2022 Item 1. October 18, 2022 6 Current Zoning History 2021 to Present – -Single-Family Development with Parkland Dedication -Approved by Parks & Recreation Board at 2 Meetings -Attended a P&Z Work session -Attended a City Council Work Session -Revised Development Plan Based on P&Z and City Council’s Feedback Increased Lot Size Reduced Lot Count by 33 Lots Shifted County Club Rd Entrance North Increased Commercial Frontage & Shifted South -Approved by P&Z Commission -Denied by City Council -vote was 6-1 68 10/25/2022 Item 1. Old Zoning Plan Previously Approved by P&Z 7 Monroe Farms –Plan Approved by P&Z •Number of Units: 113 Single Family Homes •Typical Lot Size: 80 –62’ x 113’ (7,000 sf) 33 –75’ x 120’ (9,000 sf) •+/-2.5 Acres -Future Commercial •+/-15.9 Acres -Park •Approved by P&Z at the 4/5 meeting -With the addition of parallel parking along the park -Vote was unanimous 6-0 Lot Mix by Square Footage 67 (7,000 –8,000 SF) 39 (8,001 –9,000 SF) 7 (9,001 –10,000 SF)69 10/25/2022 Item 1. Post City Council Denial – Work Session 70 10/25/2022 Item 1. City Council Work Session 9 Monroe Farms –Revised Zoning Plan •Revised the Zoning Plan and Attended a City Council Work Session on 7/12 •Number of Units: 114 Single Family Homes •Typical Lot Size: 50’ x 110’ (5,500 sf) 61’ x 115’ (7,015 sf) 84’ x 120’ (10,080 sf) •+/-2.5 Acres -Future Commercial •+/-15.9 Acres -Park Lot Mix by Square Footage 19 (5,500 –7,000 SF) 54 (7,001 –8,000 SF) 11 (8,001 –9,999 SF) 30 (10,000 SF +)71 10/25/2022 Item 1. October 18, 2022 10 City Council’s Feedback Parkland Dedication & Monroe Lake There was a consensus that if the 15-acres was dedicated to the city for a park, that it would be difficult for the city to main tain the wetlands and the trails and be hard to make an offering to citizens of Wylie as a whole. Therefore, it should be kept by the HOA or the Monroe family. The Monroe lake is a part of Wylie and should be kept. Lot Size & Density Informed that the Future Land Use Plan is not zoning, and 114 single-family lots was not the vision for this property. Providing a new plan that consists of all 10,000 SF single-family lots and under 90 total lots was important to Council. Drainage There were concerns regarding movement of water through the property and lot to lot drainage. 72 10/25/2022 Item 1. New Zoning Plan 73 10/25/2022 Item 1. New Zoning Plan 12 Monroe Farms –Revised Zoning Plan •Number of Units: 78 Single Family Homes •Typical Lot Size: 75’ x 144’(10,800 sf) •+/-4 Acres -Future Commercial •Approved unanimously 6-0 by P&Z on 10/4Lot Mix by Square Footage 78 (10,000 SF +) 74 10/25/2022 Item 1. 13 8 (10,000 –10,100 SF) 10 (10,100 –10,800 SF) 31 (10,800 –11,250 SF) 29 (11,250 SF +) Lot Mix by Square Footage 75 10/25/2022 Item 1. October 18, 2022 14 City Council’s Feedback Addressed Monroe Lake & Parkland Dedication Monroe Lake is not included in the Monroe Farms Planned Development. The Monroe Family will be keeping the back 15 acres with the pond for a family retreat. Lot Size & Density Minimum 10,000 SF lots 8 -10,000 SF lots, with the rest being 10,125 SF + Less than 90 lots (78 total lots) Drainage The Monroe Farms Planned Development Standards specifically states –“Lot to Lot drainage shall not be allowed within the Planned Development.” 76 10/25/2022 Item 1. Representative Product 77 10/25/2022 Item 1. October 18, 2022 16 Representative Product 78 10/25/2022 Item 1. October 18, 2022 17 Representative Product 79 10/25/2022 Item 1. October 18, 2022 18 Representative Product 80 10/25/2022 Item 1. October 18, 2022 19 Representative Product 81 10/25/2022 Item 1. October 18, 2022 20 Representative Product 82 10/25/2022 Item 1. October 18, 2022 Representative Product 83 10/25/2022 Item 1. END 84 10/25/2022 Item 1. Wylie City Council AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, the acceptance of the resignation of Brett Swendig and the appointment of a new board member to the City of Wylie Parks and Recreation Board to fill the term of October 2022 to June 30, 2023. Recommendation Motion to approve Item as presented. Discussion When the 2022 Board and Commission interviews were held, Council approved a designated replacement for the Parks and Recreation Board should a vacancy occur during the year. Staff reached out to the replacement to see if they would still be interested in serving on the board and they replied back they no longer had the availability to serve. Staff reached out to the eight eligible 2022 applicants that expressed interest in the Parks and Recreation Board. The following applicants replied ba ck that they are still interested and willing to serve. Listed below is the preference that they chose for the Parks and Recreat ion Board on their application, their name, and the board they were appointed to and currently serve on.  Preference 1 - Sarah Kewak (appointed to Construction Code Board)  Preference 1 - Randall Zabojnik (appointed as Replacement 1 for Planning & Zoning Commission)  Preference 2 - Harold Smith (appointed to Zoning Board of Adjustment)  Preference 2 - Karen Newman (appointed as Replacement 1 for Public Arts Advisory Board)  Preference 3 - Joseph Murdock (appointed to Public Arts Advisory Board) 85 10/25/2022 Item 2. 86 10/25/2022 Item 2. 87 10/25/2022 Item 2. 88 10/25/2022 Item 2. 89 10/25/2022 Item 2. 90 10/25/2022 Item 2.