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12-13-2022 (City Council) Agenda Packet Wylie City Council Regular Meeting December 13, 2022—6:00 PM Council Chambers-300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PR1. InSync Exotics. PR2. Shining the Wylie Way Students (Grades K-6). PR3. WEHS Robotics Team. 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 the November 8,2022 Regular City Council Meeting minutes. B. Consider, and act upon, Ordinance No. 2022-69 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. C. Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for October 31,2022. D. Consider, and place on file,the City of Wylie Monthly Investment Report for October 31,2022. E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31,2022. F. Consider,and act upon,a Final Plat for Manors at Woodbridge,establishing 90 residential and six open space lots on 12.418 acres, property generally located on Woodbridge Parkway approximately 900' south of Hensley Lane. G. Consider,and act upon,a Final Plat of Senior Medical Addition,establishing two commercial lots on 21.3224 acres, generally located at 100 Medical Plaza. Page 11 7 H. Consider, and act upon, Ordinance No. 2022-70, amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 2 (Administration), Article III (Officers), Division 2 (Code of Conduct), Section 2-58 (Board of Review)to amend the term limits, add a holdover provision, and exclude the service of board members spouses or domestic partners;providing for a penalty for the violation of this Ordinance; providing for repealing, savings, and severability clauses; and providing for an effective date of this Ordinance. I. Consider, and act upon, Resolution No. 2022-32(R) amending Resolution No. 2022-15(R) amending the Rules of Procedures for the Board of Review to amend the term limits,add a holdover provision,and exclude the service of board members spouses or domestic partners; and providing for an effective date. 3. Consider, and place on file,the Animal Shelter Advisory Board report to City Council. K. Consider, and act upon, approving the amended Animal Shelter Advisory Board Bylaws and Rules of Procedure. L. Consider, and act upon, Resolution No. 2022-33(R) authorizing the purchase of ammunition from Mutiny Machine LLC in the estimated amount of $58,300.00 and authorizing the City Manager to execute any necessary documents. M. Consider, and act upon, the award of bid#W2022-113-B Newport Harbor Water Tank Rehabilitation to DN Tanks, LLC in the estimated amount of $139,980.00, and authorizing the City Manager to execute any necessary documents. N. Consider, and act upon, the purchase of a Bondflex® Pour In Place Surfacing for Olde City Park from WeBuildFun Inc. in the amount of$159,600.00; and authorizing the City Manager to execute any necessary documents. O. Consider, and act upon, the approval of the purchase of Playground Equipment from The PlayWell Group Inc. in the amount of$59,525.97 through a cooperative purchasing contract with Buy Board Cooperative Purchasing(#679-22), and authorizing the City Manager to execute any necessary documents. P. Consider, and act upon, the approval of the purchase of Fitness Equipment from Team Marathon Fitness in the amount of$50,616.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#665-22), and authorizing the City Manager to execute any necessary documents. Q. Consider, and act upon, Ordinance No. 2022-71 amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 54 (Health and Sanitation), Article IV (Weeds, Rubbish, Insanitary Matter); providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. REGULAR AGENDA 1. Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor (CC) to Commercial Corridor- Special Use Permit(PD-SUP) to allow for an auto sales use on 1.27 acres located at 2021 N State Highway 78 (ZC 2022-15). 2. Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor (CC) to Planned Development - Commercial Corridor (PD-CC) to allow for commercial uses on 11.622 acres generally located on the southwest corner of State Highway 78 and Brown Street. Page 12 2 WORK SESSION WS I e 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 544/Cooper, FM 544/Sanden, Jackson/Oak, Regency/Steel, State Hwy 78/Alanis, 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 infolliiation 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, 2022-1b, 2022-4d, 2022-7b, 2022-7c, 2022-8b, 2022-9f, 2022-10d, and 2022-11a. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on December 9, 2022 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road,Building 100,Wylie,Texas,a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed Page 13 3 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 14 4 12/13/2022 Item A. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of the November 8, 2022 Regular City Council Meeting minutes. Recommendation Motion to approve the Item as presented. Discussion The minutes are attached for your consideration. 5 12/13/2022 Item A. Wylie City Council Regular Meeting Minutes November 08, 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 Garrett Mize. Councilman Timothy T. Wallis was absent. City Manager Brent Parker; Deputy City Manager Renae 011ie; Assistant City Manager Lety Yanez; Police Chief Anthony Henderson;Finance Director Melissa Beard;Fire Chief Brandon Blythe;Public Information Officer Craig Kelly; Public Works Director Tommy Weir; City Engineer Tim Porter; City Secretary Stephanie Storm;Parks and Recreation Director Carmen Powlen; Community Services Director Jasen Haskins;Wylie Economic Development Executive Director Jason Greiner; Engineering Project Manager Jenneen Elkhalid; and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor pro tern Forrester led the invocation and Councilman Williams led the Pledge of Allegiance. PRESENTATIONS &RECOGNITIONS PRl. The Coventry Reserve 20th Anniversary. Mayor Porter proclaimed November 8, 2022, as The Coventry Reserve Day in Wylie, Texas for their 20th anniversary. Members of The Coventry Reserve were present to accept the proclamation. PR2. Veteran's Day. Mayor Porter proclaimed November 11, 2022, as Veteran's Day in Wylie, Texas. Veterans including Mayor pro tern Jeff Forrester, Community Services Director Jasen Haskins, Police Officer Charles Smith, and American Legion Post 315 members Chuck Davis and Charles Flesch were present to accept the proclamation. PR3. Small Business Saturday. Mayor Porter proclaimed November 26, 2022, as Small Business Saturday in Wylie, Texas. Members of the Downtown Merchants Association,Wylie Chamber of Commerce,and Wylie Economic Development Corporation were present to accept the proclamation. PR4. National Apprenticeship Week. Mayor Porter proclaimed November 14-20, 2022, as National Apprenticeship Week in Wylie, Texas. Members of the Wylie Economic Development Corporation, North Texas Municipal Water District board member Marvin Fuller, and Todd Pickens with Raytheon Technologies were present to accept the proclamation. PR5. National Entrepreneurs Day. Mayor Porter proclaimed November 15, 2022, as National Entrepreneurs Day in Wylie, Texas. Members of the Wylie Economic Development Corporation, Wylie Chamber of Commerce, DJ Shirley with Speak Loud Media, Lon Ricker with Ricker Dynamics, Jeremy Meir with the Downtown Merchants Association, and Scott Williams with.Fire &Water Restoration Plus, LLC were present to accept the proclamation. Page I1 6 12/13/2022 Item A. PR6. Community Waste Disposal(CWD) Presentation of the STAR (State of Texas Alliance for recycling) Award for Environmental Leadership. Robert Medigovich, representing Community Waste Disposal,presented the City of Wylie with the STAR(State of Texas Alliance for recycling) Award for Environmental Leadership. Utility Manager Orie Cross was present to accept the award. PR7. Lung Cancer Awareness Month. Mayor Porter recognized the month of November 2022 as Lung Cancer Awareness Month in Wylie, Texas. 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 he 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. Laura Privett,representing Rock the Socks,addressed the Council inviting the public to join them the first Saturday of the month from 8:30 a.m.to 10:00 a.m. at Napoli's to help make hope bags.Privett encouraged attendees to bring packages of men's white crew socks, small snacks, and travel-size hygiene items. Privett also spoke about an upcoming event,Rockout Homelessness 5K Fun Run on Saturday,November 12th at New Hope Church. 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 25,2022,Regular City Council Meeting minutes. B. Consider, and act upon, Ordinance No. 2022-68 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. C. Consider, and act upon, a Final Plat of Whitley Road Estates, being a replat for Lot 4 establishing three lots on seven acres in the City of Wylie Extra Territorial Jurisdiction, located at 3387 Whitley Road. D. Consider, and act upon, Resolution No. 2022-31(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Dallas County for county road and bridge improvements that are located within City limits in accordance with the"Master Interlocal Agreement between Dallas County and the City of Wylie pertaining to road and bridge transportation-related improvements and/or maintenance on or about certain designated roadways situated within the territorial limits of the City of Wylie." 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 Community Christian Care Center, a non-profit organization, for their annual bake sale fundraiser at the Olde City Park Pavilion on November 23,2022. G. Consider, and act upon, approval of the Park Event Application from Wally W.Watkins PTA, a non- profit organization, for their annual Jingle Bell Jog 5K and Fun Run/Walk at Founders Park on December 3,2022. Mayor Porter requested Item B be pulled from.Consent Agenda and considered individually. Page 12 7 12/13/2022 Item A. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams, to approve the Consent Agenda, except for Item B, as presented. A vote was taken and the motion passed 6-0 with Councilman Wallis absent. B. Consider,and act upon,Ordinance No.2022-68 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. Staff Comments Finance Director Beard reported there was a change in the proposed dollar amount for the budget amendment. The police department is requesting to use state-seized funds for $179,879 to purchase drones, a utility vehicle and trailer,Knox Box equipment for all police vehicles, and a digital forensics workstation replacement. All items will be used for law enforcement purposes per Chapter 59 of the Texas Code of Criminal Procedures. This will increase the General Fund budget by $179,879. The Unassigned Fund Balance will not be affected, but this same amount will reduce the Assigned Fund Balance for Law Enforcement. Council Action A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester, to approve Item B with the amendment presented. A vote was taken and the motion passed 6-0 with Councilman Wallis absent. WORK SESSION Mayor Porter convened the Council into Work Session at 6:58 p.m. Mayor Porter convened the Council into a break at 6:58 p.m. Mayor Porter reconvened the Council into Work Session at 7:03 p.m. WS1. Presentation of the Community Waste Disposal(CWD)Annual Report. Robert Medigovich, representing Community Waste Disposal, addressed Council giving a 2021 annual review including residential trash service, residential single stream recycling service, residential rear load collection on Saturdays, multifamily recycling, residential bulk and loose brush on-call service, residential bulk and loose brush extra service, commercial new service vehicle, commercial recycling program, Wylie ISD recycling program, residential recycled materials tons per year, residential driver incident, customer service inquiries, CNG truck parking expansion, transfer station expansion, equipment purchases and maintenance shop, CWD mobile app and address search tool,X-treme Green events,paint reuse program,sponsorship participation,awards given,and saved resources statistics. WS2. Discuss WWTP Demolition. Clayton Barnard representing Freese and Nichols, addressed Council giving a presentation on the Wastewater Treatment Plant Demolition options including the current status of the plant,demolition options including no demo and remaining as is;wastewater interceptor improvements with no demo with an associated cost of$775,000;basin removal with option one(with a top removal)having a cost of$1,952,000 or option two(with a full removal)having a cost of$4,630,000; and basin and structure demolition including proposed easements with option one having a cost of$3,000,000 and option two having a cost of$4,900,000. Council questions included how much property would be left and recoverable if everything is removed, whether are there any concerns with people accessing the site, what is the maintenance cost now, what was Wylie paying NTMWD for the permit fee to maintain the site, what is the City's risk for leaving it the way it is, could holes be created in the basins to allow stormwater to drain instead of holding water. Council comments and discussion included expressing concerns with the cost for the number of acres and added it would be difficult to attract a developer to the site to recoup the funds,would like more information on the project Page 13 8 12/13/2022 Item A. and what the restrictions would be with the top removal,needs to stay the way it is now and may make improvements later,look at a five to ten-year plan that the City could budget for over an extended period,it creates an opportunity for a public park and would like to see it on the tax rolls. Council's direction was to leave it as is and gather additional information for a plan for the site. WS3. Discuss proposed amendments to the City Ordinance and Zoning Ordinance regarding Code Enforcement policies and Zoning Uses. Community Services Director Jasen Haskins addressed Council stating staff is presenting proposed amendments to both the City Ordinance and Zoning Ordinance to strengthen and clarify staffs ability to enforce public nuisance violations. The amendments to the City's Code of Ordinances are to align with state law changes, to allow for the city to immediately abate violations at the property owners' expense for repeat offenders and to simplify the lien filing process. Council questions included what would the process be for the signing of liens,providing additional information on the newly added section a-4, and is there a list of charges for the services. Council's direction was to proceed with bringing back an ordinance with the proposed changes. Councilman Mize stated he requested a discussion item be placed on the agenda regarding donation boxes located throughout the City that can become a nuisance to the public if not maintained. Mize stated he wanted to give property owners a tool so that they may have control of donation boxes on their property and a tool for staff to help keep our City beautiful; have reasonable regulations on the donation boxes to ensure they are utilized in the best way. Council questions and comments included would it be possible to require donation boxes to have a person present, could the restriction be amended to regulate the number of donation boxes based on the size of the property instead of limiting it to only one box per lot, and what is the abatement process. Haskins requested additional input on the temporary use box locations.Forrester replied he thought it should be the same allowed locations for both permanent and temporary use. Council direction was to proceed with bringing back an ordinance with the proposed changes and adding donation boxes,both permanent and temporary use,allowed at the same locations,and changing 11.b.2 to regulate the number of boxes based on the size of the lot. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 8:04 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive session at 8:05 p.m. Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING. (a)This chapter does not require a governmental body to conduct an open meeting: (1)to deliberate the appointment, employment, evaluation,reassignment,duties,discipline, or dismissal of a public officer or employee; or (2)to hear a complaint or charge against an officer or employee. (b)Subsection(a)does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. Page 14 9 12/13/2022 Item A. ES1. Discuss the performance of the City Manager. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 9:02 p.m. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Storm read the caption to Ordinance No. 2022-68 into the official record. ADJOURNMENT A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to adjourn the meeting at 9:04 p.m. A vote was taken and the motion passed 6-0 with Councilman Wallis absent. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Page 15 10 12/13/2022 Item B. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Beard Subject Consider, and act upon, Ordinance No. 2022-69 amending Ordinance No. 2022-56, which established the budget for fiscal ear 2022-2023;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance. Recommendation I otion to approve the Item as presented. Discussion Our current metal detector purchased in 2013 is unexpectedly no longer functioning properly and unable to be repaired. To ensure the safety of our citizens and staff during court operations it is necessary that we purchase a replacement as soon as possible. Texas Code of Criminal Procedure -Article 102.017, Court Costs, Municipal Court Building Security Fund (b) may be used for security personnel, services, or items related to buildings that house the operation of a municipal court. The Municipal Court Building Security Fund expense will increase $5,000 and the fund balance will decrease by the same amount. The estimated fund balance will be $18,304. 12/13/2022 Item B. ORDINANCE NO. 2022-69 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. 2022-69, 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, Ordinance No. 2022-69 Budget Amendment for Municipal Court Security Page 1 of 2 12 12/13/2022 Item B. 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 13th day of December,2022. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2022-69 Budget Amendment for Municipal Court Security Page 2 of 2 1 12/13/2022 Item B. Budget Amendment Exhibit A Municipal Court Building Security Fund - Metal Detector Fund Department Account Number Account Description Debit Credit 152 5618 52130 Tools and Equipment 5,000.00 Total 5,000.00 0.00 14 12/13/2022 Item C. Wylie City Council CITY OF 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 October 31, 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. 15 12/13/2022 Item C. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2022-2023 2022-2023 2022-2023 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 37,234,844 209,697 209,697 0.56% A FRANCHISE FEES 2,802,400 0 0 0.00% B LICENSES AND PERMITS 1,442,750 45,709 45,709 3.17% C INTERGOVERNMENTAL REV. 2,429,011 2,653 2,653 0.11% D SERVICE FEES 4,338,970 6,285 6,285 0.14% E COURT FEES 339,000 22,951 22,951 6.77% INTEREST INCOME 60,000 64,515 64,515 107.53% F MISCELLANEOUS INCOME 215,417 9,107 9,107 4.23% OTHER FINANCING SOURCES 2,563,305 2,563,305 2,563,305 100.00% G REVENUES 51,425,697 2,924,222 2,924,221 5.69% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY-FORWARD FUNDS 1,711,613 NA NA NA H TOTAL REVENUES 53,137,310 2,924,222 2,924,221 5.50% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 95,165 7,067 7,067 7.43% CITY MANAGER 1,281,121 65,270 65,270 5.09% CITY SECRETARY 389,057 15,315 15,315 3.94% CITY ATTORNEY 170,000 0 0 0.00% FINANCE 1,343,989 42,353 42,353 3.15% FACILITIES 1,045,597 50,454 50,454 4.83% MUNICIPAL COURT 576,256 23,178 23,178 4.02% HUMAN RESOURCES 809,979 34,082 34,082 4.21% PURCHASING 326,557 13,313 13,313 4.08% INFORMATION TECHNOLOGY 2,290,897 393,321 393,321 17.17% I POLICE 13,166,224 678,698 678,698 5.15% FIRE 12,789,161 697,634 697,634 5.45% EMERGENCY COMMUNICATIONS 2,395,459 82,543 82,543 3.45% ANIMAL CONTROL 723,449 38,300 38,300 5.29% PLANNING 368,297 16,445 16,445 4.47% BUILDING INSPECTION 593,933 17,816 17,816 3.00% CODE ENFORCEMENT 276,855 9,184 9,184 3.32% STREETS 5,215,113 112,367 112,367 2.15% PARKS 2,777,610 87,193 87,193 3.14% LIBRARY 2,295,582 106,624 106,624 4.64% COMBINED SERVICES 4,592,007 164,937 164,937 3.59% TOTAL EXPENDITURES 53,522,308 2,656,093 2,656,093 4.96% REVENUES OVER/(UNDER)EXPENDITURES -384,998 268,129 268,128 0.54% A.Property Tax Collections for FY22-23 as of October 31,2022 are.72%,in comparison to FY21-22 for the same time period of 1.73%. Sales tax is on a 2 month lag and has not been received yet. B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Licenses and Permits: New Dwelling Permits are down 70%from October 2022,due to rising interest rates. D.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. E.Service Fees:Trash fees billed in October are applicable towards FY 2021-22 revenue with the remaining fees coming from other seasonal fees. F.Interest Rates have gone from 1%when the budget was prepared to almost 3%in October 2022.Interest was budgeted conservatively. G.Yearly transfer from Utility Fund. H.Largest Carry Forward items:$150,000 for Department Software Solution,$217,000 for advance vehicle replacements,$338,840 for ambulance,$390,000 for Stone Road Rehab. I.Annual maintenance agreements 16 12/13/2022 Item C. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2022 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 8.33% ACCOUNT DESCRIPTION 2022-2023 2022-2023 2022-2023 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 25,933,619 50,501 50,501 0.19% J INTEREST INCOME 24,000 41,037 41,037 170.99% K MISCELLANEOUS INCOME 70,000 1,540 1,540 2.20% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 26,027,619 93,078 93,078 0.36% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 2,276,241 NA NA NA L TOTAL REVENUES 28,303,860 NA 93,078 0.33% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 616,872 17,585 17,585 2.85% UTILITIES-WATER 4,449,498 331,107 331,107 7.44% CITY ENGINEER 1,101,015 37,222 37,222 3.38% UTILITIES-SEWER 1,330,568 31,809 31,809 2.39% UTILITY BILLING 1,241,167 71,808 71,808 5.79% COMBINED SERVICES 18,415,992 2,691,428 2,691,428 14.61% M TOTAL EXPENDITURES 27,155,112 3,180,959 3,180,960 11.71% REVENUES OVER/(UNDER)EXPENDITURES 1,148,748 -3,087,880 -3,087,882 -11.39% J.Most Utility Fund Revenue billed in October was applicable to FY 2021-22. K.Interest Rates have gone from 1%when the budget was prepared to almost 3%in October 2022.Interest was budgeted conservatively. L.Largest Carry Forward items: Department Software Solutions$135,730,Pump Station Backup Generators$1.6M,Newport Harbor Tank Repairs$130,000 and TXDOT payment$260,172. M.Annual transfer to the General Fund of$2.56 million. Other expenses are payments to NTMWD for water minimum and sewer treatment. 17 12/13/2022 Item D. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and place on file,the City of Wylie Monthly Investment Report for October 31, 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. 18 12/13/2022 Item D. 2022-2023 Investment Report October 31,2022 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,548,078.79 MMA 2.9336% Texpool 12/31/2006 NA 2 $16,090,884.72 MMA 2.8531% TexStar 3/15/2011 NA $31,638,963.51 Total Weighted Average Coupon: 2.8927% Money Markets: $31,638.963.51 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,638,963.51 Weighted Average Coupon 3.0000% 2.0000% 1 0000% 0.0000% Oct 2021 Nov 2021 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Apr 2022 May 2022 June 2022 July 2022 Aug 2022 Sep 2022 Oct 2022 `'L®(_Z Finance Director/Investment Officer 19 12/13/2022 Item E. Wylie City Council CITY OF 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 October 31, 2022. Recommendation Motion to approve the Item as presented. Discussion The Wylie Economic Development Corporation(WEDC)Board of Directors approved the attached financials on November 15, 2022. 20 12/13/2022 Item E. EC IC October Rev/Exp Report ' 7VELOP E T Account Summary For Fiscal: 2022-2023 Period Ending: 10/31/2022 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue Category:400-Taxes 111 .4000 40210 SALES TAX 4,124,241.00 4,124,241.00 0.00 0.00 -4,124,241.00 100.00% Category:400-Taxes Total: 4,124,241.00 4,124,241.00 0.00 0.00 -4,124,241.00 100.00% Category:460-Interest Income 111 4000 46110 ALLOCATED INTEREST EARNINGS 6,000.00 6,000.00 0.00 0.00 -6,000.00 100.00% Category:460-Interest Income Total: 6,000.00 6,000.00 0.00 0.00 -6,000.00 100.00% Category:480-Miscellaneous Income 111 4000 48110 RENTAL INCOME 134,220.00 134,220.00 0.00 0.00 -134,220.00 100.00% 111 4000 4843C) GAIN/(LOSS)SALE OF CAP ASSETS 3,915,685.00 3,915,685.00 0.00 0.00 -3,915,685.00 100.00% Category:480-Miscellaneous Income Total: 4,049,905.00 4,049,905.00 0.00 0.00 -4,049,905.00 100.00% Revenue Total: 8,180,146.00 8,180,146.00 0.00 0.00 -8,180,146.00 100.00% Expense Category:510-Personnel Services 111 5611-51110 SALARIES 310,346.40 310,346.40 13,361.33 13,361.33 296,985.07 95.69% 111 5611 51130 OVERTIME 0.00 0.00 333.39 333.39 -333.39 0.00% 111 5611 51140 LONGEVITY PAY 914.00 914.00 0.00 0.00 914.00 100.00% 111 5613 51310 TMRS 48,245.30 48,245.30 2,122.69 2,122.69 46,122.61 95.60% 111 5611 51410 HOSPITAL&LIFE INSURANCE 51,987.17 51,987.17 4,164.04 4,164.04 47,823.13 91.99% 111 5611-51420 LONG-TERM DISABILITY 1,768.97 1,768.97 61.07 61.07 1,707.90 96.55% 111 5611 51440 FICA 19,298.12 19,298.12 774.95 774.95 18,523.17 95.98% 111 5611 51450 MEDICARE 4,513.27 4,513.27 181.25 181.25 4,332.02 95.98% 111 5611 514/0 WORKERS COMP PREMIUM 854.85 854.85 970.21 970.21 -115.36 -13.49% 1)1 5611 51480 UNEMPLOYMENT COMP(TWC) 1,080.00 1,080.00 0.00 0.00 1,080.00 100.00% Category:510-Personnel Services Total: 439,008.08 439,008.08 21,968.93 21,968.93 417,039.15 95.00% Category:520-Supplies 111 5611-52010 OFFICE SUPPLIES 5,000.00 5,000.00 532.26 532.26 4,467.74 89.35% 111 5611 52040 POSTAGE&FREIGHT 300.00 300.00 0.00 0.00 300.00 100.00% 111 5611-52810 FOOD SUPPLIES 3,000.00 3,000.00 249.37 249.37 2,750.63 91.69% Category:520-Supplies Total: 8,300.00 8,300.00 781.63 781.63 7,518.37 90.58% Category:540-Materials for Maintenance 111 5611-54510 FURNITURE&FIXTURES 2,500.00 2,500.00 0.00 0.00 2,500.00 100.00% 111 5611 54810 COMPUTER HARD/SOFTWARE 7,650.00 7,650.00 974.24 974.24 6,675.76 87.26% Category:540-Materials for Maintenance Total: 10,150.00 10,150.00 974.24 974.24 9,175.76 90.40% Category:560-Contractual Services 111 5611-56030 INCENTIVES 3,209,183.00 3,209,183.00 37,069.00 37,069.00 3,172,114.00 98.84% 111 5611 56040 SPECIAL SERVICES 34,770.00 34,770.00 3,369.21 3,369.21 31,400.79 90.31% 111 5611 56041 SPECIAL SERVICES-REAL ESTATE 276,300.00 276,300.00 0.00 0.00 276,300.00 100.00% 111 5613 56042 SPECIAL SERVICES-INFRASTRUCTURE 8,375,000.00 8,375,000.00 0.00 0.00 8,375,000.00 100.00% 111 5611 56080 ADVERTISING 129,100.00 129,100.00 3,000.00 3,000.00 126,100.00 97.68% 111 5611 56090 COMMUNITY DEVELOPMENT 54,950.00 54,950.00 5,019.83 5,019.83 49,930.17 90.86% 111 5611 56110 COMMUNICATIONS 7,900.00 7,900.00 293.74 293.74 7,606.26 96.28% 111 5611 56180 RENTAL 27,000.00 27,000.00 0.00 0.00 27,000.00 100.00% 111 5611 56210 TRAVEL&TRAINING 73,000.00 73,000.00 6,145.40 6,145.40 66,854.60 91.58% 111 5611 56250 DUES&SUBSCRIPTIONS 57,824.00 57,824.00 17,197.46 17,197.46 40,626.54 70.26% 111 5611 56310 INSURANCE 6,303.00 6,303.00 6,146.31 6,146.31 156.69 2.49% 111 5611 56510 AUDIT&LEGAL SERVICES 23,000.00 23,000.00 1,210.00 1,210.00 21,790.00 94.74% 111 5611 56570 ENGINEERING/ARCHITECTURAL 87,500.00 87,500.00 0.00 0.00 87,500.00 100.00% 1117/2022 3 01.01 PM Page 1 of 4 21 12/13/2022 Item E. Budget Report For Fiscal:2022-2023 Period Ending:10/31/2022 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 111 5611 56610 UTILITIES-ELECTRIC 2,400.00 2,400.00 249.87 249.87 2,150.13 89.59% Category:560-Contractual Services Total: 12,364,230.00 12,364,230.00 79,700.82 79,700.82 12,284,529.18 99.36% Category:570-Debt Service&Capital Replacement 111 5611 57410 PRINCIPAL PAYMENT 575,973.97 575,973.97 24,184.89 24,184.89 551,789.08 95.80% 111 5611`474n INTEREST EXPENSE 656,023.67 656,023.67 22,754.96 22,754.96 633,268.71 96.53% Category:570-Debt Service&Capital Replacement Total: 1,231,997.64 1,231,997.64 46,939.85 46,939.85 1,185,057.79 96.19% Category:580-Capital Outlay 111 5611_58110 LAND-PURCHASE PRICE 2,090,000.00 2,090,000.00 0.00 0.00 2,090,000.00 100.00% Category:580-Capital Outlay Total: 2,090,000.00 2,090,000.00 0.00 0.00 2,090,000.00 100.00% Expense Total: 16,143,685.72 16,143,685.72 150,365.47 150,365.47 15,993,320.25 99.07% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): -7,963,539.72 -7,963,539.72 -150,365.47 -150,365.47 7,813,174.25 98.11% Report Surplus(Deficit): -7,963,539.72 -7,963,539.72 -150,365.47 -150,365.47 7,813,174.25 98.11% 11/7/20220 01 01 pm Page f,of 4 22 ... 12/13/2022 Item E. Budget Report For Fiscal:2022-2023 Period Ending:10/31/2022 Group Summary Variance Original Current Period Fiscal Favorable Percent Categor... Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue 400-Taxes 4,124,241.00 4,124,241.00 0.00 0.00 -4,124,241.00 100.00% 460-Interest Income 6,000.00 6,000.00 0.00 0.00 -6,000.00 100.00% 480-Miscellaneous Income 4,049,905.00 4,049,905.00 0.00 0.00 -4,049,905.00 100.00% Revenue Total: 8,180,146.00 8,180,146.00 0.00 0.00 -8,180,146.00 100.00% Expense 510-Personnel Services 439,008.08 439,008.08 21,968.93 21,968.93 417,039.15 95.00% 520-Supplies 8,300.00 8,300.00 781.63 781.63 7,518.37 90.58% 540-Materials for Maintenance 10,150.00 10,150.00 974.24 974.24 9,175.76 90.40% 560-Contractual Services 12,364,230.00 12,364,230.00 79,700.82 79,700.82 12,284,529.18 99.36% 570-Debt Service&Capital Replacement 1,231,997.64 1,231,997.64 46,939.85 46,939.85 1,185,057.79 96.19% 580-Capital Outlay 2,090,000.00 2,090,000.00 0.00 0.00 2,090,000.00 100.00% Expense Total: 16,143,685.72 16,143,685.72 150,365.47 150,365.47 15,993,320.25 99.07% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): -7,963,539.72 -7,963,539.72 -150,365.47 -150,365.47 7,813,174.25 98.11% Report Surplus(Deficit): -7,963,539.72 -7,963,539.72 -150,365.47 -150,365.47 7,813,174.25 98.11% 1.1.17/20 ?+:01.:01. PM Page 3 of 4 23 12/13/2022 Item E. Budget Report For Fiscal:2022-2023 Period Ending:10/31/2022 Fund Summary Variance Original Current Period Fiscal Favorable Fund Total Budget Total Budget Activity Activity (Unfavorable) 111-WYLIE ECONOMIC DEVEL COR -7,963,539.72 -7,963,539.72 -150,365.47 -150,365.47 7,813,174.25 Report Surplus(Deficit): -7,963,539.72 -7,963,539.72 -150,365.47 -150,365.47 7,813,174.25 11/it 2022 4' 01 01 PM Page 4 of 4 24 12/13/2022 Item E. Wylie Economic Development Corporation Statement of Net Position As of October 31, 2022 Assets Cash and cash equivalents $ 10,897,775.51 Receivables $ 51,500.00 Note 1 Inventories $ 16,271,495.53 Prepaid Items $ - Total Assets $ 27,220,771.04 Deferred Outflows of Resources Pensions $ 75,630.55 Total deferred outflows of resources $ 75,630.55 Liabilities Accounts Payable and other current liabilities $ 16,958.48 Unearned Revenue $ 1,200.00 Note 2 Non current liabilities: Due within one year $ 570,778.21 Note 3 Due in more than one year $ 15,681,473.23 Total Liabilities $ 16,270,409.92 Deferred Inflows of Resources Pensions $ (45,385.41) Total deferred inflows of resources $ (45,385.41) Net Position Net investment in capital assets $ - Unrestricted $ 10,980,606.26 Total Net Position $ 10,980,606.26 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 25 12/13/2022 Item E. WYLIE E O lc Balance Sheet Account Summary As Of 10/31/2022 Account Name Balance Fund:111-WYLIE ECONOMIC DEVEL CORP Assets 1,21....100)I-10.10 CLAIM ON CASH AND CASH EQUIV. 10,591,943,82 1111000-1.0115 CASH-WEDC-INWOOD 0.00 11.1-1-00040135 ESCROW 0.00 111-1000-10140 DEPOSITS 2,000.00 1111;•110Q0-1,1198 OTHER-MISC CLEARING 0.00 111-1000-1.0341 TEXPOOL 0.00 11 1100.10343 LOGIC 0.00 111-1000-1.0431 INTEREST RECEIVABLE 0.00 ,1,11-1000-11)51,1 ACCTS REC-MISC 0,00 11.111000-1151i' ACCTS REC-SALES TAX 346,236.36 111-1000-1.2810 LEASE PAYMENTS RECEIVABLE 0.00 111-1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1.11 1000 12996 LOAN RECEIVABLE 0.00 1.1.1-1000-12997 ACCTS REC-JTM TECH 0.00 11.14000 12998 ACCTS REC-FORGIVEABLE LOANS 40,000.00 111-1010 141.1.2 INVENTORY-MATERIAL/SUPPLY 0.00 111-100044116 INVENTORY-LAND&BUILDINGS 16,271,495.53 111_1000-14:118 INVENTORY-BAYCO/SANDEN BLVD 0.00 1:11-1000-14310 PREPAID EXPENSES-MISC 0.00 ].111.000-14410 DEFERRED OUTFLOWS 683,934.00 Total Assets: 27,935,609.71 27,935,609.71 Liability 1,11-2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 111-2000-2011.1 MEDICARE PAYABLE 0.00 111-2000-20112 CHILD SUPPORT PAYABLE 0.00 111-2000-20113 CREDIT UNION PAYABLE 0.00 1:11-2000-20111 IRS LEVY PAYABLE 0.00 1.11-20011-20115 NATIONWIDE DEFERRED COMP 0.00 .111-2000-201.16 HEALTH INSUR PAY-EMPLOYEE 5,972.30 111-2000-20117 TMRS PAYABLE 5,273.68 111.2000-20118 ROTH IRA PAYABLE 0.00 111-2000-2011.9 WORKERS COMP PAYABLE 0.00 111 2 000-2 012 0 FICA PAYABLE 0.00 111-2000-20121 TEC PAYABLE 0.00 1:11-•2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 111-2000-20123 ALIMONY PAYABLE 0.00 1:11-2000-201.24 BANKRUPTCY PAYABLE 0.00 1.11-2000-20:125 VALIC DEFERRED COMP 0.00 11.E-2000-2012 ICMA PAYABLE 0.00 111 2000-20127 EMP.LEGAL SERVICES PAYABLE 0.00 111-2000-20130 FLEXIBLE SPENDING ACCOUNT 10,562.24 111-2000-20131 EDWARD JONES DEFERRED COMP 0.00 111 2000-201.32 EMP CARE FLITE 12,00 111-2000-20133 Unemployment Comp Payable 0.01 111.-2000-20151 ACCRUED WAGES PAYABLE 0.00 111-2000-20180 ADDIT EMPLOYEE INSUR PAY 211.70 111 2000-20199 MISC PAYROLL PAYABLE 0.00 ill-2 000-20 201 AP PENDING 0.00 111-2009)-2021.0 ACCOUNTS PAYABLE 0.00 111-.2000-20530 PROPERTY TAXES PAYABLE 0.00 111-2000-20540 NOTES PAYABLE 683,934.00 1112000-20810 DUE TO GENERAL FUND 0.00 1.1./7/2022.;L57:47 PM Pdg 1. of 3 26 12/13/2022 Item E. Balance Sheet As Of 10/31/2022 Account Name Balance 111 2000-222711 DEFERRED INFLOW 0.00 2noo 22275 DEF INFLOW-LEASE PRINCIPAL 0.00 111 2000 22 Z80 DEFERRED INFLOW-LEASE INT 0.00 111 2000 22915 RENTAL DEPOSITS 1,200.00 Total liability: 707,165.93 Equity 111 300C)34110 FUND BALANCE-RESERVED 0.00 111 3000 34000 FUND BALANCE-UNRESERV/UNDESIG 27,378,809.25 Total Beginning Equity: 27,378,809.25 Total Revenue 0.00 Total Expense 150,365.47 Revenues Over/Under Expenses -150,365.47 Total Equity and Current Surplus(Deficit): 27,228,443.78 Total liabilities,Equity and Current Surplus(Deficit): 27,935,609.71 27 12/13/2022 Item E. Balance Sheet As Of 10/31/2022 Account Name Balance Fund:922-GEN LONG TERM DEBT(WEDC) Assets 922.1000-10312 GOVERNMENT NOTES 0.00 922-1000-1.8110 LOAN-WEDC 0.00 922-1000-18120 LOAN-BIRMINGHAM 0.00 9 2 2-1000-18 2 1 0 AMOUNT TO BE PROVIDED 0.00 922-1000-18220 BIRMINGHAM LOAN 0.00 922-1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 39,535.29 922-1000-190,,5i_, 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 -44,574.41 922.1000-10126 DEF INFLOW SDBF CONTRIBUTIONS -811.00 Total Assets: 30,245.14 30,245.14 Liability 927-2.000-20310 COMPENSATED ABSENCES PAYABLE 0.00 922-2000-20311 COMP ABSENCES PAYABLE-CURRENT 32,300.82 ,222-2000-21410 ACCRUED INTEREST PAYABLE 9,604.44 922-2000-28205 WEDC LOANS/CURRENT -24,184.89 92.2--2000-28220 BIRMINGHAM LOAN 0.00 922-2000-2823C) INWOOD LOAN 0.00 922-2000-28232 ANB LOAN/EDGE 0.00 922-2000-28233 ANB LOAN/PEDDICORD WHITE 0.00 922-2000-28734 ANB LOAN/RANDACK HUGHES 0.00 922-2000-28235 ANB LOAN 0.00 922.2000-282 36 ANB CONSTRUCTION LOAN 0.00 922-2000-28237 ANB LOAN/WOODBRIDGE PARKWAY 0.00 9222000-28238 ANB LOAN/BUCHANAN 0.00 922-2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 922-2000-28240 HUGHES LOAN 0.00 92.2-2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 0.00 000-28245 ANB LOAN/DALLAS WHIRLPOOL 0.00 922-2000-282.46 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 ,9/2-2000--28270 BOWLAND/ANDERSON LOAN 0.00 922-2000-282.80 CAPITAL ONE CAZAD LOAN 0.00 922-2 00,0-2a 290 HOBART/COMMERCE LOAN 0.00 922-2000-29150 NET PENSION LIABILITY 185,989.17 922-2000-291.51 SDBF LIABILITY 11,026.00 Total Liability: 16,272,902.62 Equity 922--300CI-34„591 FUND BALANCE-UNRESERV/UNDESIG -16,146,578.37 922-3000-3590C) UNRESTRICTED NET POSITION -120,264.00 Total Beginning Equity: -16,266,842.37 Total Revenue 0.00 Total Expense -24,184.89 Revenues Over/Under Expenses 24,184.89 Total Equity and Current Surplus(Deficit): -16,242,657.48 Total Liabilities,Equity and Current Surplus(Deficit): 30,245.14 11r`7/202.2 2:57:47 P81 Page 3 at.3 28 12/13/2022 Item E. Wylie Economic Development Corporation SALES TAX REPORT October 31, 2022 BUDGETED YEAR DIFF % DIFF MONTH FY 2019 FY 2020 FY 2021 FY 2022 21 vs.22 21 vs.22 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 $ 346,236.36 $ 19,853.99 6.08% 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 $ 3,768,491.12 $ 304,833.46 10.54% Total $ 2,920,137.37 $ 3,283,492.09 $ 3,875,470.98 $ 3,768,491.12 $ 304,833.46 10.54% WEDC Sales Tax Analysis $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 2021 $200,000 ■2022 $150,000 $100,000 $50,000 """Sales Tax collections typically take 2 months to be reflected as Revenue. SlsTx receipts are then accrued back 2 months. Example:October SlsTx Revenue is actually August SlsTx and is therefore the 11 th allocation in FY22. 29 12/13/2022 Item F. 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 Manors at Woodbridge, establishing 90 residential and six open space lots on 12.418 acres,property generally located on Woodbridge Parkway approximately 900' south of Hensley Lane. Recommendation I otion to approve the Item as presented. Discussion OWNER: Manors at Woodbridge,Ltd. APPLICANT: Skorburg Company The applicant has submitted a Final Plat for the Manors at Woodbridge. Zoning for the single-family development was approved by the City Council in January 2021 as Planned Development Ordinance No. 2021-05. The Preliminary Plat was approved in April 2021. The plat consists of 90 residential lots and six open space lots. Additionally, the plat includes a pocket park on.Lot 2X and the extension of Casey Way from the north as required by the PD Conditions. The plat dedicates the necessary rights-of-way and utility easements. All open space lots shall be owned and maintained by the developments H.O.A. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Recommendation The Commission voted 7-0 to recommend approval. 30 WOODLAND COURTCASEY WAYWOODBRIDGE PARKWAY(100' WIDE RIGHT-OF-WAY)CONCORD DRIVE(50' RIGHT-OF-WAY)LAUREL LANE(50' RIGHT-OF-WAY)GARDEN GATE LANE(50' RIGHT-OF-WAY)ALLEYALLEYALLEYCLOVERLEAF DRIVE(50' RIGHT-OF-WAY)OAKRIDGE DRIVE(50' RIGHT-OF-WAY)1/2" CIRFSTAMPED"JVC"CIRSP.O.B.CIRSCIRS5/8" IRF1/2" IRFCIRSMANORS AT WOODBRIDGEOFLOT 1X, 2X, 3X, & 1-34, BLOCK A;LOT 1X, 2X, 3X, & 1-56 BLOCK BBEING 12.418 ACRESSITUATED IN THEWM. SACHSE SURVEY, ABSTRACT NO. 835IN THECITY OF WYLIE, COLLIN COUNTY, TEXAS96 LOTS BY USE(90 SINGLE FAMILY, 6 OPEN SPACE LOTS)OCTOBER 2022FINAL PLATGENERAL NOTES:1. Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Lawand is subject to fines and withholding of utilities and building permits.2. Bearings are based on the Texas State Plane Coordinate System, NAD 83, North Central Zone 4202.3. All side lot lines are perpendicular or radial to street frontage unless otherwise noted Not Radial (NR).4. All lots shown are Single-Family residential unless otherwise designated with an "X" with the lotnumber all "X" lots are open space lots.5. All open space lots will be operated and maintained by the Home Owners Association.6. All corners marked with 5/8" iron rods with plactic caps stamped "Jones Carter" set. unless otherwisenoted.7. No Construction shall be allowed within FEMA Designated Flood Plain without a Hydraulic Study.8. All floodplain information on this plat is for graphical depiction only, as scaled off of FIRM Panel No.48085C0415J, Effective Date June 2, 2009 for Collin County, Texas, and LOMR No. 09-06-2270P,Effective Date June 29, 2009 for Collin County, Texas. This property is within Zone X, areas determinedto be outside of the 0.2% annual chance floodplain.9. The City is not responsible for maintenance of any easements, but retain the rights to enter uponeasements for public purposes.10. The maintenance responsibility of all private easements and appurtenances is the property owner onwhich the easement is located.SUBJECT TRACTVICINITY MAPLEGENDPOBCMR.O.W.VOL.PG.ESMTSSEDEIRFCIRSCON MONFNDD.R.C.C.TR.P.R.C.C.T.O.R.C.C.TC.C.#POINT OF BEGINNINGCONTROL MONUMENTRIGHT OF WAYVOLUMEPAGEEASEMENTSANITARY SEWER EASEMENTDRAINAGE EASEMENTIRON ROD FOUND5/8" CAPPED IRON ROD WITH YELLOW CAPSTAMPED "JONES CARTER" SET FOR CORNERCONCRETE MONUMENTFOUNDDEED RECORDS, COLLIN COUNTY, TEXASREAL PROPERTY RECORDS, COLLIN COUNTY, TEXASOFFICIAL RECORDS, COLLIN COUNTY, TEXASCOUNTY CLERK FILE NUMBERFIELD NOTESBEING a 12.418 acre tract of land situated in the William Sachse Headright Survey, Abstract No. 605 and, City of Wylie, CollinCounty, Texas, and being the tracts of land described in deed to Manors at Woodbridge, Ltd., recorded in Document No.20210316000517940, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.), and in Document No. 20220225000310570,O.P.R.C.C.T., and more particularly described as follows:BEGINNING at a 5/8” iron rod with cap stamped "Jones Carter" set for the northeast corner of said 12.418 acre tract, same beingthe east right-of way line of Woodbridge Parkway (variable width at this point);THENCE Southeasterly along a non-tangent curve to the left having a central angle of 05 Degrees 39 Minutes 54 Seconds, a radiusof 934.50 feet, an arc distance of 92.40 feet and a chord bearing and distance of South 07 Degrees 13 Minutes 12 Seconds East,92.36 feet to a 5/8” iron rod with cap stamped “Jones Carter” set for corner;THENCE South 01 Degrees 04 Minutes 33 Seconds East, along the west right-of-way line of said Woodbridge Parkway and the eastline of said 12.418 acre tract, a distance of 173.38 feet to a 5/8” iron rod with cap stamped "Jones Carter" set for the southeastcorner of said 12.418 acre tract, being in the north line of a called 100.14 acre tract of land described in deed to North TexasMunicipal Water District, recorded in Volume 1300, Page 809, D.R.C.C.T;THENCE South 89 Degrees 30 Minutes 47 Seconds West, along the common line between said 12.418 acre tract and said 100.14acre tract, a distance of 2044.38 feet to a 5/8” iron rod (with red cap) found for the southwest corner of said 12.418 acre tract,being the southerly southeast corner of Tract 3A, a called 15.628 acre tract of land as described in deed to WoodbridgeTownhomes I, Ltd., recorded in Document No. 20190418000423350, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.),from which a 5/8” iron rod found bears South 17 Degrees 57 Minutes 21 Seconds East, a distance of 17.50 feet, a 1/2” iron rodfound bears South 18 Degrees 08 Minutes 10 Seconds East, a distance of 17.86 feet and a 1/2” iron rod found bears South 02Degrees 47 Minutes 33 Seconds East, a distance of 16.87;THENCE North 00 Degrees 23 Minutes 14 Seconds West, along the west line of said 12.418 acre tract and southerly east line ofsaid Tract 3A a distance of 265.00 feet to a 1/2” iron rod with yellow cap stamped “JVC” found for corner in the southerly line ofsaid Tract 3A;THENCE North 89 Degrees 30 Minutes 37 Seconds East, along the south line of said Tract 3A, passing at 1165.24 feet a 1/2” ironrod with cap stamped "JVC" found for the southwest corner of Woodbridge Villas Tract A-3, Phase 1, an addition to the City ofWylie, Collin County, Texas, according to the plat thereof recorded in Instrument No. 2019-872, O.P.R.C.C.T., and continuing for atotal distance of 2031.31 feet to the POINT OF BEGINNING and containing 12.418 acres of land.RECOMMENDED FOR APPROVAL:CHAIRMAN, PLANNING & ZONING COMMISSION DATECITY OF WYLIE, TEXASAPPROVED FOR CONSTRUCTION:MAYOR, DATECITY OF WYLIE, TEXASACCEPTED:MAYOR, DATECITY OF WYLIE, TEXASThe undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that theforegoing final plat of the Manors at Woodbridge subdivision or addition to the City of Wyliewas submitted to the City Council on the __ day of ________________ 2021, and the Council,by formal action, then and there accepted the dedication of streets, alley, parks, easement,public places, and water and sewer lines as shown and set forth in and upon said plat and saidCouncil further authorized the Mayor to note the acceptance thereof by signing his name ashereinabove subscribed.Witness my hand this _____ day of ____________, A.D., 2021______________________________________________________________City SecretaryCity of Wylie, TexasKNOW ALL MEN BY THESE PRESENTS:That I, Eduardo Martinez, do hereby certify that I prepared this plat from an actual and accurate survey of theland and that the corner monuments shown thereon as set were properly placed under my personal supervisionin accordance with the platting rules and regulations of the City of Wylie, Texas.______________________________________________Eduardo Martinez,Registered Professional Land Surveyor No. 5274STATE OF TEXASCOUNTY OF _______________BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appearedEduardo Martinez, known to me to be the person whose name is subscribed to the foregoing instrument, andacknowledged to me that he executed the same for the purposes and considerations therein expressed and in thecapacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _______th day of _________, 20____.______________________________________________________________Notary Public in and for the State of TexasRegistration Nos. F-23290 & 100461002805 Dallas Parkway, Suite 600 Plano, TX 75093 972-488-3880Texas Board of Professional Engineers and Land SurveyorsTHE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBYCERTIFIES THAT THE FOREGOING FINAL PLAT OF THE MANORS OF WOODBRIDGESUBDIVISION OR ADDITION TO THE CITY OF WYLIE WAS SUBMITTED TO THE CITYCOUNCIL ON THE ______ DAY OF ____________________, 2022. AND THE COUNCIL BYFORMAL ACTION, THEN AND THERE ACCEPTED THE DEDICATION OF STREETS, ALLEY,PARKS, EASEMENTS, PUBLIC PLACES AND WATER AND SEWER LINES AS SHOWN AND SETFORTH IN AND UPON SAID PLAT AND SAID COUNCIL FURTHER AUTHORIZED THE MAYORTO NOTE THE ACCEPTANCE THEREOF BY SIGNING HIS NAME AS HEREINABOVESUBSCRIBED.WITNESS MY HAND THIS ______ DAY OF ________________, A.D., 2022CITY SECRETARY CITY OF WYLIE, TEXAS,3112/13/2022 Item F. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins, AICP Subject Consider, and act upon, a Final Plat of Senior Medical Addition, establishing two commercial lots on 21.3224 acres, generally located at 100 Medical Plaza. Recommendation Motion to approve the Item as presented. Discussion OWNER: Corporation of The Episcopal Diocese of Dallas APPLICANT: Logan Schmidt The applicant has submitted a Final Plat to create Lot 1 and 2, Block A of Senior Medical Addition. The property is generally located at 100 Medical Plaza. The property is zoned Planned Development -Multifamily (PD 2022-06) approved in January 2022 and allows for an age restricted multi-family use on Lot 1, Block A. The Site Plan and Preliminary Plat were approved in March 2022. The purpose of the Final Plat is to create two lots to allow for the aforementioned development of an age restricted multi - family use. This plat dedicates a 26’ fire lane and access easement that connects to both Lot 1 and 2 from Medical Plaza Drive. The plat also provides utility easements and the location of the 100-year floodplain. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Recommendation The Commission voted 7-0 to recommend approval. 32 12/13/2022 Item G. 3312/13/2022 Item G. 3412/13/2022 Item G. Wylie City Council AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Ordinance No. 2022-70, amending Wylie’s Code Of Ordinances, Ordinance No. 2021-17, as amended, Chapter 2 (Administration), Article III (Officers), Division 2 (Code Of Conduct), Section 2-58 (Board Of Review) to amend the term limits, add a holdover provision, and exclude the service of board members spouses or domestic partners; providing for a penalty for the violation of this Ordinance; 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 At its July 26, 2022 meeting, Council held a work session to discuss Board of Review term limits and appointments presented by City staff. Council gave staff direction to bring back an Ordinance to amend the Code of Conduct. The amendments include: -amending the term limits to be consistent with other boards and commission, and -include language for board and commission member’s spouses or domestic partners which makes them ineligible to serve on the Board of Review to be consistent with City employees and City Council members. 35 12/13/2022 Item H. Ordinance No. 2022-70 – Code of Conduct Terms & Appointments Page 1 of 3 ORDINANCE NO. 2022-70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE’S CODE OF ORDINANCES, ORDINANCE NO. 2021 -17, AS AMENDED, CHAPTER 2 (ADMINISTRATION), ARTICLE III (OFFICERS), DIVISION 2 (CODE OF CONDUCT), SECTION 2-58 (BOARD OF REVIEW) TO AMEND THE TERM LIMITS, ADD A HOLDOVER PROVISION, AND EXCLUDE THE SERVICE OF BOARD MEMBERS SPOUSES OR DOMESTIC PARTNERS ; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, in January 2022, the City Council of the City of Wylie, Texas (“City Council”) adopted Ordinance No. 2022-01 that, among other things, established a Code of Conduct; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend Ordinance No. 2022-01 and Wylie’s Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 2 (Administration), Article III (Officers), Division 2 (Code of Conduct), Section 2-58 (Board of Review); and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Amendment of Wylie’s Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 2, Article III, Division 2, Section 2-58, and Ordinance No. 2022-01. Chapter 2, Article III, Division 2, Section 2-58, and Ordinance No. 2022-01 are amended to read as follows: “CHAPTER 2 (ADMINISTRATION) … ARTICLE III (OFFICERS), … DIVISION 2 (CODE OF CONDUCT) … Sec. 2-58. Board of Review … (B) Qualifications (1) All members must live within the City of Wylie city limits and be at least 18 years of age; 36 12/13/2022 Item H. Ordinance No. 2022-70 – Code of Conduct Terms & Appointments Page 2 of 3 (2) Board of Review (BOR) members may not be: a. The spouse or the domestic partner of the individual filing the Complaint (“Complainant”) or the individual who is the subject of the Complaint (“Respondent”) is the spouse or domestic partner. b. Serving on any other Council appointed Board or Commission during their term on the BOR; c. A City Council member or City of Wylie employee, or the spouse or domestic partner of a City Council member, Board and Commission member, or City of Wylie employee; d. An elected public official; or e. A candidate for elected public office at the time of their term on the BOR. (C) Terms of appointment / Limitations (1) No member shall serve on the board for more than three consecutive, two-year terms or six consecutive years, whichever is less; provided, however, that should a board member's replacement not be qualified upon the expiration of any term of a board member, then that board member shall holdover on the board until a qualified replacement board member has been appointed. (2) Except for a board member whose tenure has been extended by the City Council as provided above, a member who has served three consecutive, two-year terms or six consecutive years, whichever is less, on the board may be reappointed to serve on the board after being off the board for at least one year, and upon reappointment, the member is eligible to serve another three consecutive terms or six consecutive years, whichever is less. Such member is eligible, however, for appointment to a different board or commission without waiting. (3) BOR members shall serve until any Complaints pending during their appointed term have been fully adjudicated by the BOR. (4) If a person selected to serve on the BOR pursuant to this subsection cannot fulfill his or her duties as a member of the BOR due to illness, travel, disqualification under the terms outlined above, or another bona fide reason, or otherwise refuses to serve on the BOR, that person shall be requested to confirm that fact with the City Secretary in writing within 15 calendar days of recei pt of the service notification. In this event, the City Secretary shall repeat the process outlined herein until a substitute has been selected. …” SECTION 3. Repealing/Saving. Each Ordinance referenced in this Ordinance and the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any other ordinances in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/ or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases are 37 12/13/2022 Item H. Ordinance No. 2022-70 – Code of Conduct Terms & Appointments Page 3 of 3 declared unconstitutional and/ or invalid. SECTION 5. Effective Date. This Ordinance shall become effective from and after its adoption. The term limitations and other provisions set forth in Section 2 shall apply retroactively to members serving on the board referenced herein as of the effective date of this Ordinance, including those b oard members whose appointments were made prior to the adoption of this Ordinance. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of December, 2022. ____________________________ Matthew Porter, Mayor ATTESTED AND CORRECTLY RECORDED: ____________________________ Stephanie Storm 38 12/13/2022 Item H. Wylie City Council AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Resolution No. 2022-32(R) amending Resolution No. 2022-15(R) amending the Rules of Procedures for the Board of Review to amend the term limits, add a holdover provision, and exclude the service of board members spouses or domestic partners; and providing for an effective date. Recommendation Motion to approve the Item as presented. Discussion At its July 26, 2022 meeting, Council held a work session to discuss Board of Review term limits and appointments presented by City staff. Council gave staff direction to bring back a Resolution to amend Resolution No. 2022-15(R) which established the Rules and Procedures for the Board of Review. The amendments include: -amending the term limits to be consistent with other boards and commission, and -include language for board and commission member’s spouses or domestic partners which makes them ineligible to serve on the Board of Review to be consistent with City employees and City Council members. 39 12/13/2022 Item I. Resolution No. 2022-32(R) Amending Rules of Procedures for the Board of Review Page 1 of 2 RESOLUTION NO. 2022-32(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING RESOLUTION NO. 2022-15(R) AMENDING THE RULES OF PROCEDURES FOR THE BOARD OF REVIEW TO AMEND THE TERM LIMITS, ADD A HOLDOVER PROVISION, AND EXCLUDE THE SERVICE OF BOARD MEMBERS SPOUSES OR DOMESTIC PARTNERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in May 2022, the City Council of the City of Wylie, Texas (“City Council”) adopted Resolution No. 2022-15(R) that, among other things, established Rules of Procedures for the Board of Review; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend Ordinance No. 2022-01 and Wylie’s Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 2 (Administration), Article III (Officers), Division 2 (Code of Conduct), Section 2-58 (Board of Review); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. Amendment of Resolution No. 2022-15(R). Section 1 of Resolution No. 2022-15(R) is hereby amended as follows: “… SECTION 1: The following rules shall govern the Board of Review: A. Creation and appointment The Board of Review (BOR) is created by Wylie Ordinance No. 2022-01 and serves at the will of the City Council. The BOR shall consist of five (5) regular members and two (2) alternates who will serve no more than three consecutive, two-year terms or six consecutive years, whichever is less; provided, however, that should a board member's replacement not be qualified upon the expiration of any term of a board member, then that board member shall holdover on the board until a qualified replacement board member has been appointed. Except for a board member whose tenure has been extended by the City Council as provided above, a member who has served three consecutive, two-year terms or six consecutive years, whichever is less, on the board may be reappointed to serve on the board after being off the board for at least one year, and upon reappointment, the member is eligible to serve another three consecutive terms or six consecutive years, whichever is less. Such member is eligible, however, for appointment to a different board or commission without waiting. The members will be at least 18 years of age, a resident citizen of the City, and may not serve on any other Council appointed Board or Commission during their term. Members of the City Council, City of Wylie employees, an elected public official, and a candidate for elected public office at the time of their term on the BOR may not serve on the BOR. The spouse or domestic partner of a City Council member, Board and Commission member, or City of Wylie employee may not serve on 40 12/13/2022 Item I. Resolution No. 2022-32(R) Amending Rules of Procedures for the Board of Review Page 2 of 2 the BOR. The BOR members are required to complete Open Meetings Act training and receive Certificate of Completion by the first ninety (90) days of first year appointment. …” SECTION 3. Resolution No. 2022-15(R) shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portions of said resolutions shall remain in full force and effect. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 13th day of December 2022. ____________________________ Matthew Porter, Mayor ATTEST TO: _____________________________ Stephanie Storm, City Secretary 41 12/13/2022 Item I. Wylie City Council AGENDA REPORT Department: Animal Services Account Code: Prepared By: Shelia Patton Subject Consider, and place on file, the Animal Shelter Advisory Board report to City Council. Recommendation Motion to approve the Item as presented. Discussion The ASAB met on November 16, 2022. The attached minutes and inspections reports were considered, approved, and placed on file. This report is being submitted as required by city ordinance. 42 12/13/2022 Item J. 43 12/13/2022 Item J. 44 12/13/2022 Item J. 45 12/13/2022 Item J. 46 12/13/2022 Item J. 47 12/13/2022 Item J. 48 12/13/2022 Item J. 49 12/13/2022 Item J. Wylie City Council AGENDA REPORT Department: Animal Services Account Code: Prepared By: Shelia Patton Subject Consider, and act upon, approving the amended Animal Shelter Advisory Board Bylaws and Rules of Procedure. Recommendation Motion to approve the Item as presented. Discussion The Animal Shelter Advisory Board met on October 19, 2022. The attached By-laws and Rules of Procedure were considered, approved, and placed on file. These items are being submitted as required by City ordinance. 50 12/13/2022 Item K. CITY OF WYLIE ANIMAL SHELTER ADVISORY BOARD BYLAWS ARTICLE I Name Section 1.The City of Wylie Animal Shelter Advisory Board is hereby established to act in an advisory capacity to the city council and to assist the city in complying with the requirements of Chapter 823 of the Texas Health and Safety Code. Section 2.As authorized by the City Charter,City of Wylie,and City Ordinance No.2003-11,this body shall be known as the Animal Shelter Advisory Board. ARTICLE Il Members Section 1.Number of Members/Qualified Appointment/Terms.The Board shall consist of five (5)members.The Board shall consist of one licensed veterinarian,one member of the City Council of the City of Wylie,Texas,The Animal Services Manager of the City of Wylie,Texas (whose duties include the daily operation of the Wylie animal shelter),one representative from an animal welfare organization,and one resident of the City of Wylie,Texas,with all Board members appointed by the City Council for a term of two (2)years,with the exception of the Animal Shelter Manager who shall be a permanent member of the board. 51 12/13/2022 Item K. Section 2.Except for the animal services manager,no board member shall serve for more than three (3)consecutive terms or six (6)consecutive years (whichever is less);provided,however,should a Board member's replacement not be qualified upon the expiration of any term of a Board member,then that Board member shall holdover on the Board until a qualified replacement Board member has been appointed. Section 3.In addition to Board members,the City Manager may appoint a staff designee as an ex officio member of the Board,who shall have no right to vote on any matter before the Board.Each Board member shall serve without compensation but may be reimbursed for actual expenses approved in advance by the City Council. ARTICLE III Meetings Section 1.The Animal Shelter Advisory Board shall meet at least three (3) times per year and any additional meetings as may be called. Section 2.Special meetings may be called by the Chair or at the call of any two members of the Board,provided that notice thereof be given in writing to the Chair or Vice Chair. Section 3.Three (3)Board members shall constitute a quorum of the Board for the purpose of conducting its business,exercising its power,and for all other purposes.No action of the Board shall be valid or binding unless adopted by the affirmative vote of a majority of those Board members present and voting. Section 4.No action of the Board shall be valid or binding unless adopted by the affirmative vote of a majority of those Board members present and voting. Section 5.When vacancies occur on the Board,the City Council shall appoint, by majority vote, a replacement to serve the remainder of the term. 52 12/13/2022 Item K. Section 6.Each Board member serves at the pleasure of the City Council and may be removed at the discretion of the City Council.Board member absences shall be controlled by Article VIII of Wylie's Charter. Section 7.Robert's Rules of Order (current edition)shall govern the parliamentary procedure of the Board in cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE IV Powers and Duties Section 1.The Board shall act in an advisory capacity to Wylie staff and the City Council in any matter pertaining to compliance with Chapter 823,Health and Safety Code. Section 2.The board,through its chairperson,shall report to the city council concerning its activities and proposals by submitting to the city council the approved minutes of each meeting of the board and copies of all reports of inspections conducted by the department of state health services,veterinarians or other authorities and all statistical reports of shelter operations considered and approved by the board. Section 3.The Board's authority shall not extend to the direction, supervision,employment,or termination of Wylie employees.No supervisory power of the Board is created. Section 4.The Board will develop a set of by-laws governing rules of procedure for their meetings and operation for City Council approval. Section 5.The Board shall not have the power to obligate Wylie for funds and/or expenditures or incur any debt on behalf of Wylie. Section 6.All powers and duties prescribed and delegated herein are delegated to the Board as a unit,and all action hereunder shall be of the Board acting as a whole.No action of an individual Board member is authorized except through the approval of the Board or City Council. Section 7.The Board shall have any other power and/or duty as prescribed and authorized by the City Council. 53 12/13/2022 Item K. 54 12/13/2022 Item K. 55 12/13/2022 Item K. 56 12/13/2022 Item K. 57 12/13/2022 Item K. 58 12/13/2022 Item K. 59 12/13/2022 Item K. Wylie City Council AGENDA REPORT Department: Purchasing Account Code: 100-5211-52990 Prepared By: Glenna Hayes Subject Consider, and act upon, Resolution No. 2022-33(R) authorizing the purchase of ammunition from Mutiny Machine LLC in the estimated amount of $58,300.00 and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve the Item as presented. Discussion In recent years, the marketplace for ammunition has been greatly impacted by both the COVID 19 pandemic shutdowns and labor shortages and the war in Ukraine. The nationwide supply chain shortage has made it difficult to locate ammunition and has caused prices to vary wildly. Mutiny Machine is able to fulfil large orders with competitive pricing that is at near pre- pandemic price, and being able to order from a single vendor in large quantities will allow the City to save significantly on shipping. This purchase represents unfulfilled inventory needs from FY 21-22 and current fiscal year requirements. Staff recommends this one-time purchase of ammunition from Mutiny Machine LLC in the amount of $58,300.00 as providing the best value to the City. This one-time purchase is made under Texas Local Government Code Chapter 252.022.a.2 “a procurement necessary to preserve or protect the public health or safety of the municipality’s residents”, and is exempt from competitive bidding. Wylie Tracking #W2023-26-E 60 12/13/2022 Item L. Resolution No. 2022-33(R) Ammunition Purchase Page 1 of 1 RESOLUTION NO. 2022-33(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO AUTHORIZE THE PURCHASE OF AMMUNITION FROM MUTINY MACHINE LLC IN THE ESTIMATED AMOUNT OF $58,300.00. WHEREAS, Wylie Police Department has identified a need to purchase ammunition; and WHEREAS, procuring ammunition has been greatly impacted due to COVID19 shutdowns, labor shortages, nationwide supply chain impacts and the war in Ukraine; and WHEREAS, the purchase of ammunition from Mutiny Machine LLC is necessary to preserve and protect the public health and safety and is exempt from competitive bidding pursuant to Section 252.022(a) of the Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Council hereby approves the purchase of ammunition from Mutiny Machine LLC in the estimated amount of $58,300.00 SECTION 2. The City Council hereby finds and determines that the purchase of ammunition from Mutiny Machine LLC in the estimated amount of $58,300.00 is necessary to preserve and protect the public health and safety and is exempt from competitive bidding pursuant to Section 252.022(a) of the Local Government Code. SECTION 3. The City Council hereby authorizes the interim City Manager or his designee to execute any and all documents in connection with the above expenditure. SECTION 4. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 13th day of December, 2022. ______________________________ Matthew Porter, Mayor ATTEST TO: _______________________________ Stephanie Storm, City Secretary 61 12/13/2022 Item L. Wylie City Council AGENDA REPORT Department: Purchasing Account Code: 611-5712-54910 Prepared By: Glenna Hayes Subject Consider, and act upon, the award of bid #W2022-113-B Newport Harbor Water Tank Rehabilitation to DN Tanks, LLC in the estimated amount of $139,980.00, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve the Item as presented. Discussion In November 2021, the Newport Harbor Pump Station 1.5 MG Storage Tank which sustained exterior damages to the decorative stucco finish from high winds and rainstorms. The 1.5 MG Ground Storage Tank requires inspections, exterior rehabilitation repairs and painting which include removing the existing Exterior Insulation Finishing System (EIFS) arches and pilasters. Staff completed a competitive sealed bid process and received two qualified bids, with the intent to award to the lowest responsive responsible bidder. Staff began the review process with the low bidder, DN Tanks LLC, reviewing their solution, references and pricing and determined the bid provided the best overall value to the City. Staff recommends the award of Wylie bid #W2022-133-B for the Newport Harbor Water Tank Rehabilitation to DN Tanks, LLC in the amount of $139,980.00 as providing the best value to the City. 62 12/13/2022 Item M. BID TABULATION W2022-133-B NEWPORT HARBOR WATER TANK REHABILITATION October 20, 2022 @ 3:00 pm CDT ________________________________________________________________________________________________________________________ Respondents: DN Tanks LLC $139,980.00 TMI Coatings, Inc. $220,800.00 I certify that the above includes all firms who submitted a bid and that pricing is as submitted. Glenna Hayes October 21, 2022 Glenna Hayes C.P.M., A.P.P. Purchasing Manager Date “BID TABULATION STATEMENT” ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET. HOWEVER, THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE. THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS. THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND, ACCORDING TO LAW, ALL BIDS RECEIVED WILL BE AVAILABLE FOR INSPECTION AT THAT TIME. PURCHASING DEPARTMENT CITY OF WYLIE, TEXAS 63 12/13/2022 Item M. Wylie City Council AGENDA REPORT Department: Purchasing Account Code: 112-5614-58150 Prepared By: Glenna Hayes Subject Consider, and act upon, the purchase of a Bondflex® Pour In Place Surfacing for Olde City Park from WeBuildFun Inc. in the amount of $159,600.00; and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve the Item as presented. Discussion Parks and Recreation Department staff are requesting to replace the engineered wood fibers at the Olde City Park playground with a poured in place rubber surfacing. The benefits to this type of surfacing apply to safety, improved accessibility and inclusion, and provides a more aesthetic playground. Smooth surfaces also help to keep playground tumbles from becoming serious injuries. In addition, staff time can be reduced due to the minimal maintenance required to service heavy wear areas. These areas are normally found around slides, swings, and turning equipment. Overall, adding this surfacing brings Olde City Park playground one step closer to becoming an all-inclusive playground. Staff recommends the purchase of materials and installation services from WeBuildFun through the use of a cooperative purchasing contract with BuyBoard as providing the best overall value for the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Wylie Agreement #W2023-25-I / BuyBoard Cooperative #679-22 64 12/13/2022 Item N. Wylie City Council AGENDA REPORT Department: Purchasing Account Code: 112-5625-52610 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of Playground Equipment from The PlayWell Group Inc. in the amount of $59,525.97 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#679-22), and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve the Item as presented. Discussion The Parks and Recreation Department budgeted for the replacement of outdated playground equipment located at the Birmingham Farms Park. This playground received significant damage during the 2016 hail storm, and staff has had to remove several components due to safety concerns. The new proposed playground will consist of modular structures for 2-5-year old children and 5-12-year children. In addition, a new arch two-bay swing set will be installed consisting of four different swings. Staff recommends the purchase of playground equipment and installation services from The PlayWell Group, Inc. in the amount of $59,525.97 as providing the best value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Wylie #W2023-30-I / BuyBoard #679-22 65 12/13/2022 Item O. Wylie City Council AGENDA REPORT Department: Purchasing Account Code: 112-5625-52610 Prepared By: Glenna Hayes Subject Consider, and act upon, the approval of the purchase of Fitness Equipment from Team Marathon Fitness in the amount of $50,616.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#665 -22), and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve the Item as presented. Discussion The fitness equipment at the Wylie Recreation Center is inspected and monitored for wear and tear, and is recommended for replacement and upgrades as needed. Replacing the machines on a regular basis helps ensure that the Recreation Center is offering the safest possible equipment, granting improved accessibility, and reducing staff time for maintenance as well as overall down time for the machines. There are several machines that are beginning to display wear and tear and would be best to replace now before there are any real issues, namely three treadmills, an elliptical, and our back-extension machine. In order to increase offerings at the Recreation Center and improve machine use, staff recommends replacing and adding newer weight plates and a weight plate stand for the strength equipment side of the room. Staff recommends the purchase of fitness equipment and installation services from Team Marathon Fitness in the amount of $50,616.00 as providing the best value to the City. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Wylie #W2023-30-I / BuyBoard #665-22 66 12/13/2022 Item P. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins, AICP Subject Consider, and act upon, Ordinance No. 2022-71 amending Wylie’s Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 54 (Health and Sanitation), Article IV (Weeds, Rubbish, Insanitary Matter); providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Recommendation Motion to approve the Item as presented. Discussion At the November 2022 City Council meeting, staff presented amendments to Chapter 54, Article IV of the City Code of Ordinances. This Article covers the violations for public nuances such as weeds and trash and codifies the remedies the City and its officers are allowed to implement. Staff suggested amendments that included alignment of the City’s Code Enforcement with state law changes (Sec 54-63), allow for the City to immediately abate violations at the property owners expense for repeat offenders (Sec 54 -66.a.4), and simplify the lien filing process to align with state law (Sec 54-66(c). At the November meeting, Council directed staff to present an ordinance with the recommended changes. The ordinance and the proposed amendments are attached. 67 12/13/2022 Item Q. Ordinance No. 2022-71 Code Enforcement Amendments Page 1 of 2 ORDINANCE NO. 2022-71 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE’S CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED, CHAPTER 54 (HEALTH AND SANITATION), ARTICLE IV (WEEDS, RUBBISH, INSANITARY MATTER); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) has investigated and determined that it is in the best interest of the City of Wylie, Texas (“Wylie”) to amend and update Chapter 54, Article IV of the City Code of Ordinances; and WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to provide remedies and penalties for violations of Chapter 54, Article IV; and WHEREAS, the City Council has determined that amendments would be advantageous and beneficial to the health, safety, and welfare of the citizens of Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment of Wylie’s Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 54, Article IV. Chapter 54, Article IV is hereby amended as depicted in “Exhibit". SECTION 3: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: AMENDMENTS. For clarity in reading amendments to the Wylie Code of Ordinances, any language intended to be added to the code may be underscored in the amending ordinance, and any language intended to be deleted from the code may be placed in brackets and stricken through. These markings, when used, and the deleted portions shall be removed when amendments are printed in the code. The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading. 68 12/13/2022 Item Q. Ordinance No. 2022-71 Code Enforcement Amendments Page 2 of 2 SECTION 6: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of December, 2022. ________________________________ Matthew Porter, Mayor ATTESTED AND CORRECTLY RECORDED: _______________________________ Stephanie Storm, City Secretary Date of publication in The Wylie News – December 21, 2022 69 12/13/2022 Item Q. EXHIBIT “A” CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE IV. WEEDS, RUBBISH, INSANITARY MATTER Wylie, Texas, Code of Ordinances (Supp. No. 1) Page 1 of 4 ARTICLE IV. WEEDS, RUBBISH, INSANITARY MATTER1 Sec. 54-61. Definitions. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Brush means scrub vegetation or dense undergrowth. Carrion means the dead and putrefying flesh of any animal, fowl or fish. Enforcement officer means the city code and environmental inspector, or such other persons designated by the city manager. Filth means any matter in a putrescent state. Garbage means all decayable wastes. Impure or unwholesome matter means any putrescible or non-putrescible condition, object or matter which tends to, may or could produce injury, death or disease to human beings. Junk means all worn out, worthless or discarded material, including, but not limited to, odds and ends, old iron or other material; glass; cordage; refrigerators and appliances, if outside buildings. Objectionable, unsightly or insanitary matter means any matter, condition or object which is or should be objectionable, unsightly or insanitary to a person of ordinary sensitivities. Owner means a person having the title to real property. Refuse means a heterogeneous accumulation of worn-out, used up, broken, rejected or worthless materials and includes garbage, rubbish, paper or litter and other decayable or non-decayable waste. Rubbish means trash, debris, rubble, stone, useless fragments of building materials, refrigerators and appliances, or other miscellaneous useless waste or rejected matter. Weeds means vegetation that because of its height is objectionable, unsightly or insanitary, but excluding: (1) Shrubs, bushes, and trees; (2) Cultivated flowers; and (3) Cultivated crops. (b) Any word not defined in subsection (a) of this section shall be construed in t he context used and by ordinary interpretations, not as a word of art. (Code 1997, § 54-111; Code 2005, § 54-61; Ord. No. 92-14, § I(2.01), 12-8-1992) 1State law reference(s)—Municipal power concerning weeds and other insanitary matter, Texas Health and Safety Code § 342.004. 70 12/13/2022 Item Q. EXHIBIT “A” CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE IV. WEEDS, RUBBISH, INSANITARY MATTER Wylie, Texas, Code of Ordinances (Supp. No. 1) Page 2 of 4 Sec. 54-62. Penalty for violation of article. Any person who commits an offense under the provisions of this article shall be subject to the penalty provided for in section 1-13. (Code 1997, § 54-112; Code 2005, § 54-62; Ord. No. 92-14, § I(2.07), 12-8-1992) Sec. 54-63. Property within city to be free of conditions constituting public nuisances; enumeration of conditions. A person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the city limits,, commits an offense if such person permits or allows any stagnant or unwholesome water, sinks, filth, carrion, weeds, rubbish, brush, refuse, junk or garbage, or impure or unwholesome matter of any kind, or other public nuisance as defined by the State of Texas Health and Safety Code Section 343.011 to accumulate or remain on such real property or within any easement area on such real property or upon any adjacent right-of-way for streets and alleys between the property line of such real property and where the paved surface of the street or alley begins. Such conditions are hereby defined as public nuisances. (Code 1997, § 54-113; Code 2005, § 54-63; Ord. No. 92-14, § I(2.02), 12-8-1992) Sec. 54-64. Weeds of height greater than 12 inches constitutes offense. A person, owner, tenant, agent or person responsible for any premises within the city, occupied or unoccupied, commits an offense if such person permits or allows weeds to grow on the premises to a greater height than 12 inches. Such premises shall include, but not be limited to, the parkway bet ween sidewalk and the curb; the right-of-way between any fence, wall or barrier and the curb or pavement if such exists or the centerline of such right-of-way; or the area between a fence, wall or barrier and within any abutting drainage channel easement to the top of such channel closest to the property. The city may abate, without notice weeds higher than 48 inches. (Code 1997, § 54-114; Code 2005, § 54-64; Ord. No. 92-14, § I(2.03), 12-8-1992) Sec. 54-65. Cultivated and uncultivated agricultural properti es; height limitations. With respect to uncultivated agricultural properties, a person, owner, tenant, agent or person responsible for such property commits an offense if such person permits or allows weeds to grow to a greater height than 12 inches within 150 feet from any adjacent property under different ownership or any street right -of-way. However, on cultivated agricultural properties where the distance between the growing crop and abutting property under different ownership or street right-of-way is less than 150 feet, the person, owner, tenant, agent or person responsible for such property commits an offense if such person permits or allows weeds to grow to a greater height than 12 inches between such growing crop and such property or street right -of-way, so long as no traffic visibility obstruction will exist. (Code 1997, § 54-115; Code 2005, § 54-65; Ord. No. 92-14, § I(2.04), 12-8-1992) 71 12/13/2022 Item Q. EXHIBIT “A” CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE IV. WEEDS, RUBBISH, INSANITARY MATTER Wylie, Texas, Code of Ordinances (Supp. No. 1) Page 3 of 4 Sec. 54-66. Notice of violation; delivery of notice; abatement by city; charges; collection; lien; perfection of lien. (a) If any person violates the provisions of this article, the enforcement officer or their designee shall give notice to such person setting forth the noncompliance with this article. Such notice shall be given in any one of the following ways: (1) Personal delivery in writing; (2) By letter addressed to such person at his post office address, and which shall be deemed to have been received five days from the date of mailing; (3) If personal service cannot be obtained, or the owner's post offic e address is unknown: a. By publication at least once; b. By posting the notice on or near the front door of each building on the property to which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the groun d on the property to which the violation relates, if the property contains no buildings. (4) The notice shall also state that should another such violation of the same kind or nature occur, on or before the first anniversary of the date of the notice, the city, without further notice, may correct the violation at the property owner’s expense. (b) If such person fails or refuses to comply with the demand for compliance in the notice within ten days of such notice or publication, the city may do such work or cause such work to be done to bring the real property into compliance with this article. The costs, charges and expenses incurred in doing or having such work done or improvements made to the real property shall be a charge to and the personal liability of such person, called charges. The charges to be collected by the city under this article s hall include, in addition to the costs and expenses of mowing or correcting a condition upon a tract of land, a sum specified in the fee schedule in Appendix A to this Code, which sum is hereby found to be the cost to the city of administering the terms of this article. (c) If a notice, as provided in this section, is delivered to the owner of such real property, and they fail or refuse to comply with the demand for compliance within the applicable time period, as provided in this subsection, the costs, charges and expenses shall be, in addition to a charge to and personal liability of the owner, a privileged lien upon and against such real property, including all fixtures and improvements thereon. In order to perfect such lien, the enforcement officer or h is designee shall first give such owner written notice of demand for payment of such charges. Such written notice may be given by any one of the methods provided for the initial notice requiring compliance. If the owner fails or refuses to make complete pa yment of the charges within 20 days of such notice, the mayor or their designee shall file a written statement of such charges with the county clerk of the county in which the real property is located for filing in the county land records. The statement shall be sufficient if it contains the following: (1) The name of the owner, if known; (2) A legal description of the real property; (3) The amount of the charges including interest thereon; 72 12/13/2022 Item Q. EXHIBIT “A” CODE OF ORDINANCES Chapter 54 - HEALTH AND SANITATION ARTICLE IV. WEEDS, RUBBISH, INSANITARY MATTER Wylie, Texas, Code of Ordinances (Supp. No. 1) Page 4 of 4 The statement may also contain such other information deemed appropriate by the enforcement officer or his designee. All charges shall bear interest at the rate of ten percent per annum from the date the city incurs the expense. The city may bring suit to collect the charges, institute foreclosure proceedings, or both. The statement, as provided in this section, or certified copy of such statement, shall be prima facie evidence of the city's claim for charges or right to foreclose the lien. The owner or any other person responsible, as provided in this section, shall be jointly and severally liable for the charges. (Code 1997, § 54-116; Code 2005, § 54-66; Ord. No. 92-14, § I(2.05), 12-8-1992) State law reference(s)—Assessment of expenses, lien, Texas Health and Safety Code § 342.007. Sec. 54-67. Enforcement of article. The provisions of this article shall be enforced by representatives of the city's code enforcement department. Notwithstanding any provisions of this article to the contrary, the enforcement officer has authority to issue immediate citations to persons violating any provision of this article in the presence of such official. It shall be unlawful for any person to interfere with the enforcement officer, his designee or an environmental health specialist, in the exercise of their duties under this article. (Code 1997, § 54-117; Code 2005, § 54-67; Ord. No. 92-14, § I(2.06), 12-8-1992) 73 12/13/2022 Item Q. 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 Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (PD-SUP) to allow for an auto sales use on 1.27 acres located at 2021 N. State Highway 78 (ZC 2022- 15). Recommendation Motion to approve the Item as presented. Discussion OWNER: Juwaiter Muhammad APPLICANT: McRight Smith The applicant is requesting to rezone 1.27 acres located at 2021 North State Highway 78. The current zoning is Commercial Corridor (CC) and the requested rezoning is Commercial Corridor - Special Use Permit (CC-SUP) to allow for vehicle sales and display. The current development on the subject property contains a minor automobile repair use. The site plan for this development was approved in October 2019. The property owner is requesting for the allowance of office space within the existing building and 10 existing parking spaces on the existing lot to be used for vehicle sales as shown in the zoning exhibit. The Special Use Permit conditions state that vehicle sales shall only be permitted as an accessory use to the minor automobile repair business. Should the auto repair use cease, the zoning reverts back to CC only. Additionally, SUP conditions limit vehicle sales to passenger vehicles. The conditions also allow for both the minor automobile repair use and vehicle sales use to be parked at a ratio of 1:400. The development exceeds this parking requirement by providing 24 spaces, two being handicapped. The proposal is not affectin g any existing landscaping or fire lane access easements. The properties adjacent to the subject property are zoned commercial. The subject property lies within the Regional Commercial sector of the Comprehensive Land Use Plan. The proposed zoning is compatible with the Plan. Notices were sent to 11 property owners within 200 feet as required by state law. At the time of posting no responses were received in favor or in opposition of the request. P&Z Recommendation The Commission voted 6-1 to recommend approval. The dissenting commissioner stated that he did not think the use was appropriate in that area. 74 12/13/2022 Item 1. 75 12/13/2022 Item 1. 7612/13/2022 Item 1. Wylie Auto & Tire Shop Lot 1, Block A EXHIBIT “B” Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a limited accessory Vehicle Display, Sales, or Service Use and the continued use of a Automobile Repair, Minor use. II. GENERAL CONDITIONS: 1. The site shall be developed and uses allowed shall be in accordance with Commercial Corridor (CC) design standards, as provided in Article 4 and 5 of the City of Wylie Zoning Ordinance as adopted April 2021, e xcept as specifically provided herein. 2. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 3. The design and development of the Wylie Auto & Tire Shop Lot 1, Block A development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. The Automotive Repair, Minor use shall become legally conforming. 2. Vehicle Display, Sales, and Service shall be allowed, only as an accessory use to the Automobile Repair, Minor Use and shall only be allowed until the main use ceases. a. The Vehicle Display, Sales, and Service Use shall apply to new and used passenger automobiles, sport utility vehicles, and light trucks only. b. Servicing of said vehicles shall be limited to those services allowed under the Automotive Repair, Minor Use. 77 12/13/2022 Item 1. c. A maximum of 10 parking spaces for auto sales shall be allowed as depicted on Lot 1, Block A of the Zoning Exhibit (Exhibit C) 3. The overall parking for the site shall be at a ratio of 1:400 requiring a minimum of 23 parking spaces. 4. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the development. Approval of the SUP shall act as site plan approval. 78 12/13/2022 Item 1. 79 12/13/2022 Item 1. 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 Commercial Corridor (CC) to Planned Development - Commercial Corridor (PD-CC) to allow for commercial uses on 11.622 acres generally located on the southwest corner of State Highway 78 and Brown Street. Recommendation Motion to approve the Item as presented. Discussion OWNER: Wylie Economic Development Corporation APPLICANT: Vasquez Engineering The applicant is requesting to rezone 11.622 acres located east of the Downtown Historic District on the southwest corner of State Highway 78 and Brown Street. The property is currently zoned Commercial Corridor. The applicant is requesting a Planned Development to allow for a commercial environment that integrates and connects with Wylie’s historic downtown. The proposal includes a master plan of six commercial lots which include an interconnect of both vehicular and pedestrian pathways. A retention pond shall also be provided to serve as a gathering space. The zoning exhibit calls out for the potential of 24,000 sq. ft. of office space, over 10,000 sq. ft. of retail space, in exc ess of 5,500 sq. ft. sit-down restaurant space, two drive-thru restaurants of about 3,000 sq. ft. each, and a convenience store with fueling services of 4,650 sq. ft. The Planned Development establishes uses that are allowed by-right within the subject property: - All by-right Commercial Corridor District uses except industrial uses (Sections 5.2H and 5.2I) - Convenience Store - Motor Vehicle Fueling Station - Restaurant with Drive-In or Drive-Thru Services - Food Truck Park - Alcohol/Liquor Uses, which shall be exempt from distance requirements from church, public hospitals, public schools and private schools The following uses are expressly prohibited on the subject property: - Sexually Oriented Business - Equipment Rental - Automobile Rental - Automotive Repair Minor - Car Wash - Vehicle Display, Sales or Service - And as mentioned above, any uses listed under sections 5.2H and 5.2I of the Zoning Ordinance 80 12/13/2022 Item 2. The following are modifications to the Commercial Corridor district design standards that the Planned Development is requesting: - Lot 6 shall provide an architectural design standard that integrates with the Downtown Historic standards of Section 6.3.4.5 of the Zoning Ordinance. - The overall site shall be allowed to be used to determine the 20% landscaping area calculation. - Existing tree plantings in the public right-of way shall be allowed to count towards the landscape buffer requirement. - Monument signage shall be allowed to be separated by at least 50 feet of any other monument sign on the same property. The properties adjacent to the subject property are zoned commercial to the west and south, downtown hist oric to the east, and industrial to the north. The subject property lies within the Regional Commercial Sector of the Comprehensive Land Use Plan. The proposed zoning is compatible with the Plan. Notices were sent to 54 property owners within 200 feet as required by state law. At the time of posting two responses were received in favor and none in opposition of the request. If zoning is approved each lot will be required to present a site plan and plat for consideration. P&Z Recommendation After some discussion regarding the alcohol sales provision, the Commission voted 6-0 to recommend approval as presented. 81 12/13/2022 Item 2. 82 12/13/2022 Item 2. Page 1 of 2 COOPER PLAZA EXHIBIT “B” CONDITIONS FOR PLANNED DEVELOPMENT I. PURPOSE: The purpose of this Planned Development is to create a vibrant multi-modal commercial environment that integrates with Wylie’s historic downtown. II. GENERAL CONDITIONS: 1. Unless otherwise explicitly stated in the PD, all variations are from the City of Wylie’s Zoning Ordinance as amended April 2021. 2. This Planned Development shall not affect any regulations of the aforementioned Zoning Ordinance except as specifically provided he rein. 3. The underlying zoning for this Planned Development District shall be Commercial Corridor (CC). 4. The development shall be in general conformance with the Zoning Exhibit. 5. The entire site, as depicted on the zoning exhibit, shall be used to determine landscaping calculations (20% of the site). III. SPECIAL CONDITIONS: 1. The following uses as defined in the Commercial Corridor District (CC) shall be expressly permitted on the subject property: a. Convenience Store b. Motor Vehicle Fueling Station c. Restaurant with Drive-In or Drive-Thru Service d. Food Truck Parking e. Alcohol/Liquor Uses, which shall be exempt from distance requirements from churches, public hospitals, public schools and private schools 2. The following uses as defined in the Commercial Corridor District (CC) shall be expressly prohibited on the subject property: a. Sexually Oriented Business b. Equipment Rental c. Automobile Rental d. Automobile repair Minor 83 12/13/2022 Item 2. Page 2 of 2 e. Car Wash f. Any and all uses listed under Sections 5.2.H and 5.2.I of the Zoning Ordinance g. Vehicle Display, Sales or Service 3. The street frontage required landscape buffer, as required by Section 4.3.E.a(1) shall be allowed to include public right-of-way and landscape plantings shall also be allowed within the City’s existing utility easement pending minimum distance separations are maintained as required by the City’s Engineering Department. 4. No lot on the site shall be restricted by the distances to other Beer & Wine Package Sales establishments, churches, schools, city parks, or residences, as defined in Section 5.2 or any other distance restriction to other businesses defined in the Zoning Ordinance. 5. Section 7.3.H.2.a shall be amended to allow 9 feet by 20 feet standard car parking spaces on Lot 1 only. 6. All structures on Lot 6 of this development shall comply with a historic architectural standard that integrates with Section 6.3.E.5 of the Zoning Ordinance (Downtown) except as noted as follows: Section 6.3.E.5.a.1.d second floor windows, recessed with multiple lights, lintels, and sills shall not be required. Section 6.3.E.5.c Building Proportions-Commercial Structures shall not be required. 7. Section 22-448.a.4 shall be amended to allow a monument sign to be separated by at least 50 feet from any other monument sign on the same property, measured along the right-of-way. 84 12/13/2022 Item 2. ZONING EXHIBIT 'C'710-01\dwg\PD SITE PLAN.dwgEX 'C'Designed by:SHEET1" = 60'JJVDATENO.APP.Checked by:Scale:Drawn by:1919 S. Shiloh RoadSuite 440, LB 44Garland, Texas 75042Ph: 972-278-2948TX Registration # F-12266THIS DOCUMENT IS FORINTERIM REVIEW AND ISNOT INTENDED FORCONSTRUCTION, PERMITTINGOR BIDDING PURPOSESJUAN J. VASQUEZ, P.E.TEXAS NO. 85852DATED 11/14/2022VASQUEZ ENGINEERING, L.L.C.TX REG. F-12266DRSJJV11/14/2022Date:COOPER PLAZALOTS 1-6, BLOCK AHWY 78 & BROWN ADDITIONCITY OF WYLIE, TEXASJJVDEVELOPER:WYLIE EDC250 S. HWY 78WYLIE, TX 75098ENGINEER:VASQUEZ ENGINEERING, L.L.C.1919 S. SHILOH ROAD, SUITE 440GARLAND, TEXAS 75042PHONE: 972-278-2948CONTACT: JUAN J. VASQUEZ, P.E.EMAIL: jvasquez@vasquezengineering.comOWNER/DEVELOPER:WYLIE EDC250 S. HWY 78WYLIE, TX 75098PHONE: 972-442-7901CONTACT: JASON GREINEREMAIL: jason@wylieedc.comNOTES: 1. ALL DIMENSIONS ARE TO FACE OF CURB, FACE OF BUILDING OR AS OTHERWISE NOTED. 2. ALL FIRE LANE RADII ARE 28' INSIDE. 3. ALL BUILDING SETBACKS PER CC ZONING.LEGENDEXISTING PROPOSEDPROPERTY LINEPAVEMENTFIRELANEPARKING COUNTPOWER POLEWATER LINESAN. SEW. LINESTORM SEWERGRATE INLETCURB INLETHEADWALLSAN. SEW. MANHOLEFIRE HYDRANTWATER VALVEWATER METERFIRE LANE, ACCESSAND UTILITY ESMT8512/13/2022 Item 2. 86 12/13/2022 Item 2. 87 12/13/2022 Item 2. 88 12/13/2022 Item 2. Wylie City Council AGENDA REPORT Department: City Manager Account Code: Prepared By: Renae’ Ollie Subject Discuss Voluntary Flag Retirement Program. Recommendation Discussion 89 12/13/2022 Item WS1. Flag Retirement Program The City of Wylie created the flag retirement program to honor those who fought to protect our freedom. We accomplish this by retiring and recycling your damaged American flags. Recycle Bin Locations: The City of Wylie citizens may take worn and tattered flags to any city building or Fire Station where the bins are located inside the lobby area. ●City Hall, 300 Country Club Rd., Wylie, TX 75098 ●Public Safety Building, 2000 N. Highway 78, Wylie, TX 75098 ●Fire Station #1, 1401 S. Ballard Ave., Wylie, TX 75098 (Personnel must be at location for drop off) ●Fire Station #2, 555 Country Club Rd., Wylie, TX 75098 ●Fire Station #3, 210 N. WA Allen Blvd, Wylie, TX 75098 ●Fire Station #4, 3200 McMillen Rd., Wylie, TX 75098 What happens next? City of Wylie employees will collect the flags from the bins. They will then be reserved for our local organizations to pick up so they may respectfully retire them in a flag ceremony. http://usscouts.org/ceremony/flagret1.asp 90 12/13/2022 Item WS1. Flag Retirement Program Process ●Respectful Flag Donation box will be purchased by the City of Wylie. ●One donation box will be placed at each of the following locations: ○PSB ○City Hall ○Fire Station 1 -Donation box will be located in the bay area, personnel must be at station for drop off. ○Fire Station 2 -Donation box will be located in the bay area, personnel must be at station for drop off. ○Fire Station 3 ○Fire Station 4 ●The Respectful Flag Donation box will be purchased as a temporary collection box. A long term goal for this program will be for the Boy Scouts to build a donation bin for each location (6 bins). ●Information about the program will be listed in two online locations . It can be found under “Services” on the Wylie homepage and under “Community” on the Fire Department homepage. The tab will be titled “Flag Retirement Program”. ●A city employee at each donation site will check the bins and notify the Fire Administration office when the bin is full. Someone from the Fire Administration office will pick up the flags or the flags can be delivered directly to the Fire Administration office, by the employee, where they will be held for the organizations to pick up. ●Once the organization is able to collect the flags from the Fire Administration office, they will be retired in a respectful flag ceremony. ○Examples of organizations that can collect the flags include: American Legions, VFW’s and Girl Scouts/Boy Scouts 91 12/13/2022 Item WS1.