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12-12-2023 (City Council) Agenda PacketCALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE 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. Consider, and act upon, approval of the November 9, 2023 Special Called Meeting and the November 14, 2023 Regular City Council Meeting minutes. ®„ Consider, an i place on e, the City o Wylie Monthly Investment Report or October 31, 2023. ®„ Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2023. ..................�.. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31, 2023. Consider, and act upon, a Final Plat of Lot 1, Block A of Validus Addition, creating one industrial lot on 0.620 acres, located at 1602 Martinez Lane. F. Consider, and act upon, Ordinance No. 2023-54 for a change in zoning from Commercial Corridor (CC) to Commercial Corridor -Special Use Permit (CC -SUP) on 0.4496 acres to allow for Automobile Repair Minor use. Property located at 403 S. State Highway 78 (ZC 2023-17). Consider, and act upon, Ordinance No. 2023 -55 releasing a portion of the City of Wy ie's Extraterritorial Jurisdiction, consisting of two tracts of land totaling 6.948 acres located on the east side of Troy Road at Elida Lane. H. Consider, and act upon, Ordinance No. 2023-56 approving a Buyback provision for qualified employees as permitted under the rules and regulations of the Texas Municipal System (TMRS). Consider, and act upon, Ordinance No. 2023-57 adopting non -retroactive repeating COLAs for retirees an their beneficiaries under Texas Municipal Retirement System (TMRS). �...m. Consider, and act upon, approval of the Wylie High School PTSA Pirate Dash 5K/Walk fundraiser event at Founders Park on April 13, 2024. IIII ; m � e Consider, and act upon, the approval of the purchase of school zone flasher assemblies from Paradigm Traffic Systems, in the estimated amount of $89,250.00 through a cooperative purchasing contract with BuyBoard, and authorizing the City Manager to execute any and all necessary documents. L. Consider, and act upon, the approval of the purchase of an ambulance from Southern Emergency and Rescue Vehicle Sales (SERVS) in the estimated amount of $467,344.00 through a cooperative purchasing contract with Houston -Galveston Area Council (HGAQ and authorizing the City Manager to execute any and all necessary documents. m. Consider, and act upon, the award of a professional services project order (PSPO) #W2024-24-I forte design of a traffic signal at the Intersection of Sachse Road and Creek Crossing Lane to Kimley-Horn & Associates, Inc. in the amount of $65,800, and authorizing the City Manager to execute any necessary documents. N. Consider, and act upon, the approval of the purchase of two (2) chassis from Sam Pack's Five Star Ford for Wylie Fire Rescue in the estimated amount of $148,243.37 through a cooperative purchasing contract with The Local Government Purchasing Cooperative (BuyBoard) and authorizing the City Manager to execute any and all necessary documents. „ Consider, and act upon, the approval of the renewal purchase of Annual Maintenance and Software Upgrade for Public Safety Radios and Network Recording Software from Motorola Solutions, Inc. in the estimated amount of $134,981.38 through a cooperative purchasing contract with the Texas Department of Information Resources and authorizing the City Manager to execute any necessary documents. REGULAR AGENDA „I.,,,,,m„ Consider, and act upon, Resolution No. 2023 -32(R) determining a public necessity to acquire certain properties for public use by eminent domain for right of way (in fee simple) and temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of a portion of approximately 1.25 miles of E. FM 544 (from north of Alfred Drive to County Line Road) roadway project, located on a portion of a 1.99-acre tract of land conveyed to Braddock Place Estates Homeowners Association, Inc. as recorded under instrument no. 20160329000367090 in the real property records of Collin County, Texas, generally located along the west side of E. FM 544 between Alanis Drive and Vinson Road, Wylie, Collin County, Texas; giving notice of an official determination to acquire certain properties for public use by eminent domain for such right of way (in fee simple), temporary construction easements and related improvements; authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the right of way and easements, offering to acquire the property interests, voluntarily, from the landowner through the making of bona fide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date. Consider, and act upon, the award of contract W2024-16-I, Pirates Cove Playground Equipment and Poured - In -Place Surfacing to WEBUILDFUN, in the estimated amount of $678,482.00 through a cooperative purchasing contract with BuyBoard and authorizing the City Manager to execute any necessary documents. Consider, and act upon, the acceptance of the resignation of Jacques Loraine III, and the appointment of a new board member to the City of Wylie Planning and Zoning Commission to fill term of December 12, 2023 to June 30, 2025. WORK SESSION ,S , , Discuss the Renovation of the Animal Services Facility. RECONVENE INTO REGULAR SESSION m 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. ES 1. Consider the sale or acquisition of properties located at Brown/Eubanks, FM 544/Cooper, FM 544/Sanden, FM 1378/Park, Jackson/Oak, Regency/Steel, State Hwy 78/Alanis, State Hwy 78/Brown, and State Hwy 78/Skyview. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2021-4b, 2022-1 c, 2022-10c, 2023- la, 2023-1c, 2023-2b, 2023-2d, 2023-3b, 2023-4c, 2023-5b, 2023-8a, 2023-9b, 2023-10a, 2023-11a, 2023-12a, and 2023-12b. 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 8, 2023 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the City Council at the date, m 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. m 1211212023 Item A. Department: Prepared By: City Secretary Stephanie Storm Wylie City Council AGENDA REPORT Account Code: Consider, and act upon, approval of the November 9, 2023 Special Called Meeting and the November 14, 2023 Regular Ci Council Meeting minutes. otion to approve the Item as presented. The minutes are attached for your consideration. 1211212023 Item A. Wylie City Council Special Meeting Minutes November 9, 2023 — 5:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CITY OF WYLIE CALL TO ORDER Mayor Matthew Porter called the special meeting to order at 5:01 p.m. The following City Council members were present: Councilman Dave Strang (5:54 p.m.), Mayor pro tern Jeff Forrester, Councilman Scott Williams, Councilman Sid Hoover, and Councilman Gino Mulligi. Councilman David R. Duke was absent. Staff present included: City Manager Brent Parker; Deputy City Manager Renae 011ie; Assistant City Manager Lety Yanez; Economic Executive Director Jason Greiner; and Parks and Recreation Administrative Assistant Janet Pieper. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Forrester led the invocation, and Councilman Mulliqi led the Pledge of Allegiance. COMMENTS ON NON -AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no persons present wishing to address the Council. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 5:04 p.m. 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). ES1. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for property generally located at Hwy. 78 and Spring Creek. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 6:42 p.m. 1211212023 Item A. ADJOURNMENT A motion was made by Councilman Strang, seconded by Councilman Mulliqi, to adjourn the meeting at 6:43 p.m. A vote was taken and the motion passed 6-0 with Councilman Duke absent. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary IIIIa ge 12 1211212023 Item A. Wylie City Council Regular Meeting Minutes November 14, 2023 — 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CITY OF WYLIE CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:04 p.m. The following City Council members were present: Councilman David R. Duke (7:18 p.m.), Councilman Dave Strang, Mayor pro tem Jeff Forrester, Councilman Scott Williams, Councilman Sid Hoover, and Councilman Gino Mulligi. Staff present included: City Manager Brent Parker; Deputy City Manager Renae 011ie; Assistant City Manager Lety Yanez; Fire Chief Brandon Blythe; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Art Coordinator Carole Ehrlich; Community Services Director Jasen Haskins; Library Director Ofilia Barrera; Public Information Officer Craig Kelly; City Secretary Stephanie Storm; Public Works Director Tommy Weir; Purchasing Manager Chris Rodriguez; Finance Director Melissa Brown; City Engineer Tim Porter; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Forrester led the invocation, and Councilman Mulliqi led the Pledge of Allegiance. PRESENTATIONS & RECOGNITIONS PR1. Wylie Way Student - Davis Intermediate. Mayor Porter and Mayor pro tem Forrester presented a medallion to a Davis Intermediate student demonstrating "Shining the Wylie Way." Every nine weeks one student from each WISD campus is chosen as the "Wylie Way Student." PR2. Life -Saving Award to Officer Chris Williams. Mayor Porter and Police Chief Henderson presented a life-saving award to Officer Chris Williams. Williams rescued two teenage girls from a vehicle, which caught on fire after an accident. The family of one of the girls was present to thank Officer Williams. PRI National Hunger and Homelessness Awareness Week. Mayor Porter presented a proclamation proclaiming November 11-18, 2023 as National Hunger and Homelessness Awareness Week in Wylie, Texas. Representatives from the Wylie Police Department, Wylie Christian Care Center, St. Vincent de Paul Society, Hope for the Cities, Agape Resource & Assistance Center, Inc., Collin County Homeless Coalition, Amazing Grace Food Pantry, 5 Loaves Food Pantry, Housing Forward, and City Missions were present to accept the proclamation. PR4. Small Business Saturday. Mayor Porter recognized November 25, 2023 as Small Business Saturday in Wylie, Texas. IIIIa ge 11 1211212023 Item A. PR5. Veteran's Day. Mayor Porter presented a proclamation proclaiming November 11, 2023 as Veterans Day in Wylie, Texas. Veterans from the Wylie City Council, staff members, and American Legion Post 315 were present to accept the proclamation. PR6. Native American Heritage Month. Mayor Porter presented a proclamation proclaiming November 2023, as Native American Heritage Month in Wylie, Texas. A member of Texas Native Health, an Urban Indian Organization, and a resident of Cherokee Indian Heritage were present to accept the proclamation. PR7. Lung Cancer Awareness Month. Mayor Porter recognized November 2023 as Lung Cancer Awareness Month in Wylie, Texas. PR8. National Entrepreneurs Day. Mayor Porter recognized November 2023 as National Entrepreneurs Day in Wylie, Texas. PR9. National Apprenticeship Week. Mayor Porter recognized November 2023 as National Apprenticeship Week 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 be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no persons present wishing to address the Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the October 24, 2023 Regular City Council Meeting minutes. B. Consider, and act upon, a request regarding the demolition of a commercial structure in accordance with Ordinance No. 2022-34. Property located at 100 E. Oak St., within the Downtown Historic District. C. Consider and act upon, a request regarding the demolition of a commercial structure in accordance with Ordinance No. 2022-34. Property located at 104 S. Ballard. within the Downtown Historic District. D. Consider, and act upon, a Preliminary Plat of Hwy. 78 and Brown Addition, Lots 1-7, Block A, establishing six commercial lots and one open space lot on 11.622 acres, generally located on the southwest corner of State Highway 78 and Brown Street. E. Consider, and act upon, a Final Plat of Hwy. 78 and Brown Addition, Lots 1-7, Block A, creating six commercial lots and one open space lot on 11.622 acres, generally located on the southwest corner of State Highway 78 and Brown Street. 1211212023 Item A. F. Consider, and act upon, a Preliminary Plat of Texas Collision Addition Lot 1, Block A, establishing one commercial lot on 1.985 acres, located at 401 S. Westgate Way. G. Consider, and act upon, a Final Plat of 544 Gateway Addition, Lot 6R, Block A, being an Amended Plat of Lot 6, Block A of 544 Gateway Addition, establishing one commercial lot on 3.00 acres, located at 607 Commerce Drive. H. Consider, and act upon, a Preliminary Plat of Lots 1-5X, Block A of Wylie Lake Townhomes Phase II, establishing four single-family attached and one open space lot on 0.937 acres. Property generally located north of 1924 Spencer Lane. I. Consider, and act upon, Ordinance No. 2023-51 amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Appendix A (Comprehensive Fee Schedule), Article VIII (Public Library), Section A (Library Fees) amending DVD, per day/per item fee. J. Consider, and act upon, the award of Professional Services Project Order (PSPO) No. #W2023-114-E for E. FM 544 Geotech Services to Alliance Geotechnical, in the estimated amount of $149,890.00, and authorizing the City Manager to execute any necessary documents. K. Consider, and act upon, the award of Professional Services Project Order (PSPO) No. #W2023-118-E for McMillen Geotech Services to Alliance Geotechnical, in the estimated amount of $185,550.00, and authorizing the City Manager to execute any necessary documents. L. Consider, and act upon, the approval of a 48-month lease and maintenance agreement with Canon Solutions America, Inc. for copiers, the annual estimated amount of $82,180.00, through a cooperative purchasing contract with Omnia Partners Cooperative (#FI-R-0251-18), and authorizing the City Manager to execute any necessary documents. M. Consider, and act upon, Resolution No. 2023-27(R) of the City Council of the City of Wylie, Texas, approving a purchase for the Police Department from Axon Enterprise, Inc., a sole source provider of TaserTM equipment in the amount of $65,990.40; and authorizing the City Manager to execute any necessary documents. N. Consider, and act upon, Resolution No. 2023-31(R) finding that CoSery Gas, Ltd.'s Statement of Intent to increase rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this Resolution is passed is open to the public as required by law; and requiring notice of this Resolution to the company and the City's legal counsel. Council Action Councilman Williams requested Item C be pulled from the Consent Agenda and considered individually. A motion was made by Councilman Mulliqi, seconded by Councilman Strang, to approve Consent Agenda Items A-B and D-N as presented. A vote was taken and the motion passed 6-0 with Councilman Duke absent. REGULAR AGENDA C. Consider and act upon, a request regarding the demolition of a commercial structure in accordance with Ordinance No. 2022-34. Property located at 104 S. Ballard. within the Downtown Historic District. Council Comments Councilman Williams stated regarding the mural on the side of the building, he would like to recommission the artist later, recreate portions of the art, or do something to retain the heritage of the mural. Greiner replied they have IIIIa ge 13 10 1211212023 Item A. discussed plans to memorialize, preserve, or document the mural, and added quite a few businesses downtown have interest in murals and will work with the Council moving forward. Mayor pro tem Forrester confirmed the new buildings would fit the Historic Review Commission requirements. Greiner replied the new buildings would comply. Mayor Porter asked if the Economic Development Corporation (EDC) would discuss and determine the process to preserve the artwork before demolishing the building. Greiner replied the EDC Board will discuss it at their next meeting. Porter added he would like to see the artwork saved or recommissioned at a later date. Cajinvil Action A motion was made by Councilman Williams, seconded by Councilman Strang, to approve Item C as presented. A vote was taken and the motion passed 6-0 with Councilman Duke absent. 1. Consider, and act upon, the award of Contract No. #W2023-94-E for Medical Advisory Services for Wylie Fire -Rescue with Columbia Medical Center of Plano Subsidiary LP d/b/a Medical City Plano, in the amount of $224,013.00, and authorizing the City Manager to execute any necessary documents. Staff Comments Fire Chief Blythe addressed the Council stating this item is for online medical control as a result of an RFP that received two submissions. Currently, this service is being provided through a third -party EMS provider. This proposed vendor is the same currently utilized vendor; however, there will be some changes. All of the paramedics work under an online medical control doctor and they come out and teach classes, write the protocols, approve the protocol changes, and provide quality assurance on the run reports. This is a three-year initial contract with two two-year options for a seven-year total at a cost of about $74,671 annually. Caiincil Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Williams, to approve Item 1 as presented. A vote was taken and the motion passed 6-0 with Councilman Duke absent. 2. Consider, and act upon, Resolution No. 2023-28(R) regarding the acceptance of the 2023 State Homeland Security Grant Program funds for hazardous materials equipment, specifically hazardous materials dry decon materials. Staff Comments Fire Chief Blythe addressed the Council stating this Resolution will allow the City to accept a grant that the Fire Department applied for through the State Homeland Security Program. This was done in conjunction with the Regional Hazardous Materials Working Group at the North Central Texas Council of Governments (NCTCOG) of which some of our personnel have become a big part. This is an effort to do regional standardization for decon for hazardous materials response. It is a $14,000 grant that the City will use for arsenal dry decon capabilities, which will allow us to be more efficient as there is no cleanup when this product is used on fire personnel or citizens when exposed to a hazardous material. Ca»neil Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to approve Item 2 as presented. A vote was taken and the motion passed 6-0 with Councilman Duke absent. 3. Consider, and act upon, Ordinance No. 2023-52 amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 110 (Traffic and Vehicles), Article VI (Stopping, Standing, and Parking), Section 110-175 (No parking zones designated); creating Section 110-175 (14) Westbound side of Bennett Road. Prohibiting the stopping, standing, or parking of a vehicle along the westbound side of Bennett Road measuring 1,600 feet from the intersection of Wylie East Drive; establishing an offense; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance, and providing for the publication of the caption hereof. 1211212023 Item A. Staff Comments Police Chief Henderson addressed Council stating staff is requesting to amend the Code of Ordinances to add verbiage for no parking, standing, or stopping on the westbound side of Bennett Road, which is located on the south side of Wylie East, wraps around to the east side, and connects to Highway 78. The roadway is narrow and when school lets out, parents park along the roadway which is causing issues for the residents on the south side of the roadway as it is very difficult for them to get vehicles down the road. They are pulling into homeowner's driveways. The County has posted signs on the eastbound side of the road for no parking on the north side, but currently, nothing can be done about the vehicles that are parked on the south side of the road. Henderson stated if the City had signs on the south side of the road and police presence out there telling drivers they have to move, that would help resolve some of the issues. He added they are not looking to necessarily write citations, but having that ability, if needed, gives a little bit of that backing. Council Comments Councilman Mulliqi stated that restricting parking along this road may move the parents to nearby neighborhoods, and asked what is the long-term plan for this. Henderson replied they work with the ISD to look at the school traffic pattern to determine the best way to get in and out, and added this gives police the ability to speak with the drivers about the issue. Cn»ncil Action A motion was made by Councilman Strang, seconded by Councilman Williams, to approve Item 3 as presented. A vote was taken and the motion passed 6-0 with Councilman Duke absent. 4. Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Commercial Corridor (CC) to Commercial Corridor -Special Use Permit (CC -SUP) on 0.4496 acres to allow for Automobile Repair Minor use. Property located at 403 S. State Highway 78 (ZC 2023-17). Staff Comments Community Services Director Haskins addressed the Council stating the applicant is requesting a Special Use Permit (SUP) for an existing building on existing property, which is about 5,000 square feet. When it was built in 1970, it was an automotive repair use, and since then it's been an auto parts store, a cabinet shop, and now a smoke shop. The applicant is requesting to reduce the required parking from 18 spaces to 14 spaces. Staff did send 13 notifications and did receive one opposed that is not within 200 feet. The Planning and Zoning Commission (P&Z) did ask regarding the parking, if this was originally built in 1970 with 14 parking spaces why would it need 18 now and staff explained in 2013 the parking requirements were changed for different businesses, this being one of those uses. Haskins added that staff does feel that the 14 parking spaces are adequate in general, and P&Z did recommend approval with a vote of 6 to 0. Council Comments Councilman Strang asked if the SUP is granted and the ownership or business changes does the allowed parking stay the same. Haskins replied as long as the use stays the same the number of required parking spaces would stay. Councilman Mulliqi asked if vehicles would stay outside overnight. Haskins replied the vehicles will not be staying outside overnight and that is addressed in the SUP Conditions and the Zoning Ordinance. Mayor Porter confirmed the pole signage will come down and will be replaced with a monument sign. Haskins confirmed that was correct, the new sign will be compliant with the Zoning Ordinance. Porter confirmed the City has received no renderings. Haskins replied staff has not seen the renderings yet as that is a separate permit; however, the applicant is only making changes to the signage and there will be no substantial exterior changes. Councilman Williams stated it appears there is room in the parking lot that would allow it to be re -striped to get more spaces. Mulliqi asked if staff could define automotive repair minor, and asked if there would be any engine work. Haskins replied under automotive repair minor, engines can be replaced but cannot be rebuilt and gave additional examples. Public Hearing Mayor Porter opened the public hearing on Item 4 at 7:03 p.m. asking anyone present wishing to address Council to come forward. 12 1211212023 Item A. No persons were present wishing to address the Council. Mayor Porter closed the public hearing at 7:03 p.m. Co»ncil Action A motion was made by Councilman Strang, seconded by Councilman Hoover, to approve Item 4 as presented. A vote was taken and the motion passed 5-1 with Councilman Mulliqi voting against and Councilman Duke absent. 5. Consider, and act upon, Ordinance No. 2023-53 to abandon Right -of -Way being a 0.093 acre dead end alleyway within the Wooded Creek Estates Addition. Staff Comments Community Services Director Haskins addressed the Council stating the applicant at 2718 Spanish Oak Trail is requesting that the City Council abandon a dead-end alley that is a little over 4,000 square feet that is next to their property. The purpose of the request is they would like to use that property for expansion and/or parking. The alleyway was part of an access easement when the Wooded Creek subdivision was originally built as there was a property owner on the far east side and an access easement was added to allow them to access their property while the subdivision was built until the streets reached that area. This alley was never finished and the rest of the right away in the plat were abandoned. There is a drainage grill on the property and the applicant will either have to maintain that or when they plat it, an easement will be platted for the City to be able to maintain it. The City Engineer has reviewed the drainage and it is only the neighbor's properties to the east and west as the north side properties all drain to the north. The applicant is requesting to forego a formal appraisal and has offered $5,000 for the 2,400 square feet of property. If the purchase is approved, the applicant will have to replat before any vertical development takes place. Council Comments Mayor pro tem Forrester confirmed the way the easement is shaped, the City would be abandoning the entire easement and it would become part of 2718. Haskins confirmed that is correct. Forrester asked if they were prohibited from adding any new structures to that area. Haskins replied they would be prohibited until the property is replatted, and then they would still have to leave the drainage area open. Forrester confirmed if they build a new structure, they would have to follow current rules on new development. Haskins confirmed that is correct. Co»ncil Action A motion was made by Councilman Strang, seconded by Mayor pro tem Forrester, to approve Item 5 as presented. A vote was taken and the motion passed 5-1 with Councilman Williams voting against and Councilman Duke absent. 6. Consider, and act upon, a contract between the City of Wylie and Yoshikawa Stone Sculpture, Inc. to commission two pieces of art for the Municipal Walking Trails, Phase 2 not to exceed $80,000, and authorizing the City Manager to execute any necessary documents. Staff Comments Public Arts Coordinator Carole Ehrlich addressed the Council stating the Public Arts Advisory Board is recommending Yoshikawa Stone Sculpture, LLC to provide two pieces of art for Phase 2 of the walking trails. Artist Yoshi Wright has researched his proposals for the authenticity of the Caddo Tribes. Councilman Duke took his seat at the dais around 7:18 p.m. Mr. Yoshi Wright addressed the Council giving a presentation on the History of the Blackland Prairie including the Caddo Culture Grass House - Koo Hoot Kiwat, "Sacred Fire", Creation Story of the High Temple Mound, and "Ancestors Voice." 13 1211212023 Item A. Council Comments Mayor Porter asked will the information presented this evening be available to the public near the art site. Wright replied a QR code would be at the structures and would route to a website that would contain the information. Ehrlich added a large plaque with information about the history and significance will also be at the art site. Councilman Duke asked what is the lifetime of the art pieces. Wright replied "Sacred Fire" will be constructed out of Texas limestone and "Ancestors Voice" will be constructed from California granite so they should be here forever, and the Texas Limestone will require regular maintenance. Porter asked staff to clarify where the funding comes from for the art pieces. Ehrlich stated two festivals are held each year, the Wylie Arts Festival and the Bluegrass on Ballard, where vendors are brought in to sell their products. The Arts Festival garners about $27,000 to $28,000 each year, and the Bluegrass on Ballard garners about $17,000 to $18,000 each year. Both of these pieces are funded by the festivals and not the General Fund. Council thanked the artist, the Public Arts Advisory Board, and the subcommittee. C n»nril Action A motion was made by Councilman Mulliqi, seconded by Councilman Williams, to approve Item 6 as presented. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, a contract approving three Collin County Community College artists designs for signal boxes located at Brown Street and Country Club Road, Collin Way and Country Club Road, and Ballard Street and SH 78, not to exceed $600, and authorizing the City Manager to execute any necessary documents. Staff Comments Public Arts Coordinator Carole Ehrlich addressed the Council stating the Public Arts Advisory Board is recommending three designs to be fabricated on three signal light boxes located at Brown Street and Country Club, Collin Way and Country Club, and Ballard Street and Highway 78. In return for the fabrication of art on these boxes, each student creating the designs will receive a $200 scholarship, which must be used for education. Erika McIlnay, Art and Music Coordinator for Collin College, addressed the Council giving an overview of the project with the students. Council Comments Mayor Porter stated he was impressed with the final designs and is excited about this project, and asked if this is a project that the City will continue to do in the future. Ehrlich replied the City currently has 29 City -owned boxes; therefore, the Public Art Board will focus on three a year. The council commended the artists. Cn»nvil Action A motion was made by Councilman Williams, seconded by Councilman Duke, to approve Item 7 as presented. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, Resolution No. 2023-29(R) casting a vote for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for aone-year term beginning January 1, 2024. Council Comments Mayor Porter stated the City has 53 votes that can be cast for the nominated candidates, and asked Council if there were any comments or recommendations. Councilman Strang stated he would like to recommend David Gensler from Saint Paul. Councilman Duke stated he would agree with Councilman Strang's recommendation. C aiincil Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Williams, to cast all 53 votes for David Gensler. A vote was taken and the motion passed 7-0. 14 1211212023 Item A. 9. Consider, and act upon, Resolution No. 2023-30(R) of the City of Wylie, Dallas County, Texas, casting its vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District. Council Comments Mayor Porter stated the City has one vote as we have a small section of Wylie that is located in Dallas County. Porter stated in his opinion he would recommend Mr. Franks from Sachse given that Sachse is near to Wylie, we share WISD in some instances, and would probably have the most interaction with the City. Porter asked the Council for any additional recommendations. Councilman Strang stated he supported the Mayor's recommendation. Cn»nvil Action A motion was made by Councilman Mulliqi, seconded by Councilman Williams, to cast the vote for Brett Franks, city of Sachse. A vote was taken and the motion passed 7-0. Mayor Porter convened the Council into a break at 7:35 p.m. Mayor Porter reconvened the Council into a Work Session at 7:49 p.m. WORK SESSION WS1. Discuss the potential development of 24 acres, generally located on the west side of Country Club Road approximately 1200' north of Brown Street. Community Services Director Haskins addressed Council stating a development proposal that met with some opposition recently and the applicant has asked for this work session to get guidance on what they could do to get this property developed. There are two questions that the applicant is looking to have answered which are: is commercial needed as the future land use plan, which is used as a guide, as it does show it along Country Club, however, some of the nearby residents in Presidential Estates spoke out in opposition of commercial, and also, the applicant is requesting feedback on the density of the development including townhomes and lot sizes. Dr. Abdul Khan, the applicant and property owner, addressed the Council giving a brief presentation on the proposed development and answering questions from the Council. Council comments and questions included what are the lot sizes in Presidential Estates, commercial is not a make or break, do not hate the idea of townhomes as it is closer to the College side of the property, if there were townhomes in the development would the lot size of single family homes be smaller, like the idea of a service type business, if the lots of the single family homes stay at 10-24 is good with having townhomes, okay with two commercial developments along Country Club as long as there is no traffic that flows through Presidential Estates, would like to keep the single family homes at 10,000 square feet lots, like the idea of townhomes, would like to see more open space and amenities in the neighborhood, preference would to maintain the townhomes and the lot sizes as proposed, prefer commercial, confirmed there is a complete separation between the Presidential Estates alley and the proposed development, agree with more commercial but still have enough access points to get in and out, look forward to the renderings, like the suggestion of moving townhome buildings B and D up even with the other buildings to allow for a larger back yard or an alley behind those properties, how many entrances are there to the neighborhood, will this be a gated neighborhood, and concern with people cutting through the access point of the alley and commercial area as proposed. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 8:17 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 8:17 p.m. 15 1211212023 Item A. 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/Ballard, State Hwy 78/Brown, and State Hwy 78/Skyview. Councilman Mulliqi completed a Conflict of Interest form, which is on file with the City Secretary's Office, and recused himself from discussions on a specific project. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2013-9a, 2021-2d, 2021-5a, 2021- 6c, 2021-9b, 2021-11b, 2022-1b, 2022-1c, 2022-7b, 2022-9a, 2022-10c, 2023-1a, 2023-1c, 2023-2b, 2023- 2d, 2023-3b, 2023-5b, 2023-6b, 2023-6c, 2023-6d, 2023-8a, 2023-8b, 2023-8c, 2023-9a, 2023-9b, 2023- 9c, 2023-9d, 2023-10a, and 2023-10b. 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. ES3. City Manager's annual evaluation. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 11:03 p.m. Caiinvil Actinn A motion was made by Councilman Strang, seconded by Councilman Mulliqi, authorizing the Wylie EDC to enter into a Performance Agreement for Project 2021-6c in an amount not to exceed $80,000. A vote was taken and the motion passed 7-0. 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 captions of Ordinance Nos. 2023-51, 2023-52, and 2023-53 into the official record. 16 1211212023 Item A. ADJOURNMENT A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to adjourn the meeting at 11:06 p.m. A vote was taken and the motion passed 7-0. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary 17 1211212023 Item B. Department: Finance Account Code: Prepared By: Melissa Brown onsider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2023. Motion to approve the Item as presented. The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 18 1211212023 Item C. Department: Finance Account Code: Prepared By: Melissa Brown onsider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2023. Motion to approve the Item as presented. The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 1211212023 Item C. CITY OF WYLIE MONTHLY FINANCIAL REPORT 10/31 /2023 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 39,807,333 77,933 77,933 0.20% A FRANCHISE FEES 2,953,146 0 0 0.00% B LICENSES AND PERMITS 1,275,000 75,943 75,943 5.96% INTERGOVERNMENTAL REV. 2,590,293 1,478 1,478 0.06% C SERVICE FEES 4,343,203 14,280 14,280 0.33% D COURT FEES 340,000 30,444 30,444 8.95% INTEREST INCOME 1,526,221 96,046 96,046 6.29% E MISCELLANEOUS INCOME 260,807 948 948 0.36% OTHER FINANCING SOURCES 2,640,204 2,640,204 2,640,204 100.00% F REVENUES 55,736,207 2,937,276 2,937,276 5.27% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY -FORWARD FUNDS 1,914,392 NA NA NA G TOTAL REVENUES 57,650,599 2,937,276 2,937,276 5.09% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 96,401 8,367 8,367 8.68% CITY MANAGER 1,294,357 56,093 56,093 4.33% CITY SECRETARY 417,515 14,918 14,918 3.57% CITY ATTORNEY 170,000 0 0 0.00% FINANCE 1,377,712 42,172 42,172 3.06% FACILITIES 1,061,869 46,927 46,927 4.42% MUNICIPAL COURT 601,699 29,525 29,525 4.91% HUMAN RESOURCES 851,043 34,734 34,734 4.08% PURCHASING 325,350 54,199 54,199 16.66% INFORMATION TECHNOLOGY 2,230,036 566,896 566,896 25.42% H POLICE 14,164,952 550,389 550,389 3.89% FIRE 16,559,938 493,846 493,846 2.98% EMERGENCY COMMUNICATIONS 2,635,257 82,508 82,508 3.13% ANIMAL CONTROL 776,455 26,996 26,996 3.48% PLANNING 374,191 15,359 15,359 4.10% BUILDING INSPECTION 648,365 21,628 21,628 3.34% CODE ENFORCEMENT 218,297 10,715 10,715 4.91 % STREETS 4,187,262 154,046 154,046 3.68% PARKS 2,825,347 95,702 95,702 3.39% LIBRARY 2,297,296 132,699 132,699 5.78% COMBINED SERVICES 5,474,257 120,960 120,960 2.21 % TOTAL EXPENDITURES 58,587,599 2,558,679 2,558,679 4.37% REVENUES OVER/(UNDER EXPENDITURES -937,000 378,597 378,598 0.73% A. Property Tax Collections for FY23-24 as of October 31, 2023 are .25%, in comparison to FY22-23 for the same time period of .68%. Sales tax is on a 2 month lag and has not been received. B. Franchise Fees: Most franchise fees are recognized quarterly with electric fees making up the majority. C. Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. D. Service Fees: Trash fees billed in October are applicable towards FY 2022-23 revenue with the remaining fees coming from other seasonal fees. E. Interest Rates have remained relatively flat over the last few months. F. Yearly transfer from Utility Fund. G. Largest Carry Forward items: $150,000 for PW/Community Services Software, $288,000 for police and streets vehicles, $338,840 for ambulance, $119,102 for APX Mobile Radios, $600,000 for Woodbridge/Hensley Traffic Signal. H. Annual maintenance agreements 1211212023 Item C. CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31, 2023 Preliminary 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 29,434,997 58,881 58,881 0.20% INTEREST INCOME 719,896 96,564 96,564 13.41 % J MISCELLANEOUS INCOME 70,000 2,330 2,330 3.33% OTHER FINANCING SOURCES 0.00% REVENUES 30,224,893 157,775 157,775 0.52% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY -FORWARD FUNDS 1,449,523 NA NA NA K TOTAL REVENUES 31,674,416 NA 157,775 0.50% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 654,545 34,471 34,471 5.27% UTILITIES - WATER 3,907,389 62,244 62,244 1.59% CITY ENGINEER 1,345,215 357485 35,485 2.64% UTILITIES - SEWER 1,503,680 40,136 40,136 2.67% UTILITY BILLING 17493,339 59,513 59,513 3.99% COMBINED SERVICES 20,287,375 2,640,204 2,640,204 13.01 % L TOTAL EXPENDITURES 29,191,543 2,872,053 2,872,053 9.84% REVENUES OVER/(UNDER EXPENDITURES 2,482,872-2,714,278 -2,714,279 -9.34% I. Most Utility Fund Revenue billed in October was applicable to FY 2022-23. J. Interest Rates have remained relatively flat over the last few months. K. Largest Carry Forward items: PW/Community Services Software $135,730, Lead and Copper Revision $150,964, Water Pump Station Backup Generators $736,937 and Dogwood Drive Waterline Replacement $100,000. L. Annual transfer to the General Fund. 22 1211212023 Item D. Department: WEDC Prepared By: Jason Greiner Wylie City Council AGENDA REPORT Account Code: Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October 31, 2023. otion to approve the Item as presented. The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on November 15, 2023. 23 1211212023 Item D. ECONOMI C October Rev/Exp Report WYLIE DEVELOPMENT` Account Summary For Fiscal: 2023-2024 Period Ending: 10/31/2023 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund: 111 - WYLIE ECONOMIC DEVEL CORP Revenue 11J.,,4,000 40210 SALES TAX 4,536,561.00 4,536,561.00 0.00 0.00 -4,536,561.00 100.00% 11J.,,4,000 46110 ALLOCATED INTEREST EARNINGS 112,000.00 112,000.00 0.00 0.00 -112,000.00 100.00% 11.1.4f)OO 48110 RENTAL INCOME 48,600.00 48,600.00 0.00 0.00 -48,600.00 100.00% 111.4,( )00484,,30 GAIN/(LOSS) SALE OF CAP ASSETS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 2,655,970.00 2,655,970.00 0.00 0.00 -2,655,970.00 100.00% Revenue Total: 7,,353y131.00 7,,353,131.00 0.00 0.00 -7,,353,131.00 100.00% Expense 1-1 1 511-1 0 SALARIES 440,500.00 440,500.00 14,594.80 14,594.80 425,905.20 96.69% 1-1 J.-561 1-51140 LONGEVITY PAY 11200.00 11200.00 0.00 0.00 1200.00 100.00% I'I'15.1 310 111,5611 ............................................................................................................................................. "ll'll""I'll"".........I'll",'ll"I ..........................1 TM RS 68,500.00 68,500.00 2,056.20 2,056.20 66,443.80 97.00% 1115,61-1.5.1 4,,10 HOSPITAL & LIFE INSURANCE 81,000.00 81,000.00 4,944.74 4,944.74 76,055.26 93.90% 111,561 1.5.1 4,,20 LONG-TERM DISABILITY 1,600.00 1,600.00 0.00 0.00 1,600.00 100.00% 11 J. 5 61-1.5.1 44,0 FICA 27,000.00 27,000.00 815.18 815.18 26,184.82 96.98% . ................5............ ............................................... .......................................,,5 J..........6 "1 15.1 40 .................................................... MEDICARE 6,400.00 6,400.00 190.64 190.64 6,209.36 97.02% 5 11 1,61 1 5.1 4,,70 WORKERS COMP PREMIUM 21100.00 211100.00 0.00 0.00 2100.00 100.00% 11J.,563 1 514,,80 "I'll'll""I'llIl"I ................................................................................................................................................................................. UNEMPLOYMENT COMP (TWC) 1,600.00 1,600.00 2.52 2.52 1,597.48 99.84% 1111.563 1 52010 OFFICE SUPPLIES 5,000.00 5,000.00 126.34 126.34 4,873.66 97.47% 11J.,,563 1 52Q4,0 POSTAGE & FREIGHT 300.00 300.00 0.00 0.00 300.00 100.00% 11-1.561 1 52810 FOOD SUPPLIES 3,000.00 3,000.00 89.26 89.26 2,910.74 97.02% 1-1 1 54,6_1 0 FURNITURE & FIXTURES 2,500.00 2,500.00 0.00 0.00 2,500.00 100.00% 1-1 J.-561 1-54,8_1 0 COMPUTER HARD/SOFTWARE 7,650.00 7,650.00 0.00 0.00 7,650.00 100.00% .::::.....:...:::II'........ INCENTIVES 1,929,250.00 1,929,250.00 0.00 0.00 1,929,250.00 100.00% 111,561-1.56040 SPECIAL SERVICES 371270.00 37.1270.00 157.50 157.50 37.1112.50 99.58% 561 J., 5 604,, 1 SPECIAL SERVICES -REAL ESTATE 234,500.00 234,500.00 62,916.84 62,916.84 171,583.16 73.17% 11 J. 5 61-1.5 604,,2 SPECIAL SERVICES -INFRASTRUCTURE 10,324,000.00 10,324,000.00 6,101.36 6,101.36 10,317,898.64 99.94% J. 6 "1 1 56080 . .........5...................................................................................................................................................................... ADVERTISING 226,125.00 226,125.00 9,372.62 9,372.62 216,752.38 95.86% 11 51,61 1 56090 COMMUNITY DEVELOPMENT 64,950.00 64,950.00 5,000.00 5,000.00 59,950.00 92.30% 156110 ................................................................................................................................................................................. COMMUNICATIONS 7,900.00 7,900.00 0.00 0.00 7,900.00 100.00% 1111.563 1 56180 RENTAL 27,000.00 27,000.00 21250.00 21250.00 24.1750.00 91.67% 11J.,,563 156210 TRAVEL & TRAINING 73,000.00 73,000.00 63.87 63.87 72,936.13 99.91% 11-1.561 1 56250 DUES & SUBSCRIPTIONS 60,733.00 60,733.00 17,338.88 17,338.88 43,394.12 71.45% 1-1 1 563-1 0 INSURANCE 6,800.00 6,800.00 0.00 0.00 6,800.00 100.00% 1-1 J.-561 1- 5 6 -1 0 AUDIT & LEGAL SERVICES 23,000.00 23,000.00 0.00 0.00 23,000.00 100.00% 111,5611 ENGINEERING/ARCHITECTURAL 530,175.00 530,175.00 371420.00 37.1420.00 492.1755.00 92.94% 111,561 1.,,56610 UTILITIES -ELECTRIC 21400.00 2.1400.00 0.00 0.00 2.1400.00 100.00% 111.,,561 1.,,574,10 PRINCIPAL PAYMENT 600,096.00 600,096.00 49,072.66 49,072.66 551,023.34 91.82% 111,561-1.5 74,,15 INTEREST EXPENSE 631,902.00 631,902.00 53,593.81 53,593.81 578,308.19 91.52% J. 5 6 1.1. 5 8 110 . ............................................................................................................................................................................... LAND -PURCHASE PRICE 1,000,000.00 1,000,000.00 7,079.00 7,079.00 992,921.00 99.29% 5 11 1,6 ...."I:...::.56(2'9()5 CONTRA CAPITAL OUTLAY ......................................................................... 0.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 0.00 -7,079.00 .......... ........................................ -71079.00 7,079.00 0.00% Expense Total: 16,,427,451.00 16,427,451.00 266,107.22 266..107.22 16..1611343.78 98.38% .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Fund: 111 - WYLIE ECONOMIC DEVEL CORP Surplus (Deficit): -9,,074,320.00 -9..074,320.00 -266,107.22 -266,,107.22 8,808,212.78 97.07% Report Surplus (Deficit): -9,,074,320.00 -9..074..320.00 -266,107.22 -266,,107.22 8,,808,212.78 97.07% il"),11111121023 21 54 2191 24 1211212023 Item D. Budget Report For Fiscal: 2023-2024 Period Ending: 10/31/2023 Group Summary Variance Original Current Period Fiscal Favorable Percent Account Typ... Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund: 111- WYLIE ECONOMIC DEVEL CORP Revenue 7,353,131.00 7,353,131.00 0.00 0.00 -7,353,131.00 100.00% Expense 16,427,451.00 16.14271451.00 266,107.22 266,107.22 16,161,343.78 98.38% Fund: 111- WYLIE ECONOMIC DEVEL CORP Surplus (Deficit): -9,074,320.00 -9,074,320.00 -266,107.22 -266,107.22 8,808,212.78 97.07% Report Surplus (Deficit): -9,074,320.00 -9,074,320.00 -266,107.22 -266,107.22 8,808,212.78 97.07% IL.. ,11,1 21 2 3 21 5 4 21 9 25 Budget Report 1211212023 Item D. For Fiscal: 2023-2024 Period Ending: 10/31/2023 Fund Summary Variance Original Current Period Fiscal Favorable Fund Total Budget Total Budget Activity Activity (Unfavorable) 111- WYLIE ECONOMIC DEVEL CO-9,074,320.00 -9,074,320.00 -266,107.22 -266,107.22 8,808,212.78 Report Surplus (Deficit):-9,074,320.00 -9,074,320.00 -266,107.22 -266,107.22 8,808,212.78 IL.. ,11,1 21 2 3 21 5 4 21 9 26 1211212023 Item D. Statement of Net Position As of October 31, 2023 Assets Cash and cash equivalents $ 12,633,749.82 Receivables $ 120,000.00 Note 1 Inventories $ 16,013,084.00 Prepaid Items $ - Total Assets $ 28,766,833.82 Deferred Outflows of Resources Pensions $ 67,748.55 Total deferred outflows of resources $ 67,748.55 Liabilities Accounts Payable and other current liabilities $ 18,866.66 Unearned Revenue $ 1,200.00 Note 2 Non current liabilities: Due within one year $ 612,138.34 Note 3 Due in more than one year $ 15,020,931.54 Total Liabilities $ 15,653,136.54 Deferred Inflows of Resources Miscellaneous $ (100,000.00) Pensions $ (84,717.41) Total deferred inflows of resources $ (184,717.41) Net Position Net investment in capital assets $ - Unrestricted $ 12,996,728.42 Total Net Position $ 12,996,728.42 Note 1: Includes incentives in the form of forgivable loans for $20,000 (LUV-ROS) and $100,000 (Glen Echo) Note 2: Deposits from rental property Note 3: Liabilities due within one year includes compensated absences of $32,301 27 1211212023 Item D. ECONOMIC W'YLI E DEVELOPMENT Account Name Balance Fund: 111 - WYLIE ECONOMIC DEVEL CORP Assets 111-1000 1.0110 ........................................................................... CLAIM ON CASH AND CASH EQUIV. 12,631,749.82 111,1000 "1 0115 CASH - WEDC - INWOOD 0.00 ESCROW 0.00 111.1000 1 0180 DEPOSITS 2,000.00 111-1000 1.0198 ........................................................................... OTHER - MISC CLEARING 0.00 TEXPOOL 0.00 .11.1 I.O.O.Q.--.1.0.3.4.3­ LOGIC 0.00 11-1,1000 1 04,,81 INTEREST RECEIVABLE 0.00 ACCTS REC - MISC 0.00 11 J.-I 1 000-1 1 111, 1 : :). "" 7 ......................................................... ACCTS REC -SALES TAX 0.00 Ill-1000-1.2810 ........................................................................... LEASE PAYMENTS RECEIVABLE 0.00 LOAN PROCEEDS RECEIVABLE 0.00 LOAN RECEIVABLE 0.00 111,1000 "1 2997 ACCTS REC - JTM TECH 0.00 .11.1 1.,0.0.0.--..1..2..9.9.8­ ACCTS REC - FORGIVEABLE LOANS 120,000.00 111.1000 "1 4,,112 INVENTORY - MATERIAL/ SUPPLY 0.00 INVENTORY - LAND & BUILDINGS 16, 013, 084.00 INVENTORY - BAYCO/ SANDEN BLVD 0.00 .11.1 I.O.O.Q.--.1.4.2.1.0­ PREPAID EXPENSES - MISC 0.00 11-1,1000 1 44,10 DEFERRED OUTFLOWS 2,088,500.00 ........................................................................................................................................................................................................................................................... Total Assets: 30..855,,333.82 Liability FEDERAL INCOME TAX PAYABLE 0.00 MEDICARE PAYABLE 0.00 CHILD SUPPORT PAYABLE 0.00 CREDIT UNION PAYABLE 0.00 .11.1 2.0.0.Q.--.2.01.14 IRS LEVY PAYABLE 0.00 NATIONWIDE DEFERRED COMP 0.00 .11.1 2.0.0.0.--..2.0.1..1.6­ HEALTH INSUR PAY -EMPLOYEE 7,136.29 TIVIRS PAYABLE 5,562.70 .1.1.1 2.0.0.0.--..2.0.1..1.8­ ROTH IRA PAYABLE 0.00 1-1 )2( )119 "I'lI'llI'll'll""I'll""I'.'ll""I'll""I'll",'ll,'ll""I'll"'ll""I'll""I'll",'ll'I .............. .............................. "I'll'I'll.'llI'llI'll",'llI'll"',,"",',,""I'll",lI WORKERS COMP PAYABLE 0.00 .11.1 2.0.0.0.--..2.0.1..2.0­ FICA PAYABLE 0.00 1-1 1,-,2(")( )0-2012,1111, TEC PAYABLE 0.00 STUDENT LOAN LEVY PAYABLE 0.00 ALIMONY PAYABLE 0.00 BANKRUPTCY PAYABLE 0.00 VALIC DEFERRED COMP 0.00 .11.1 2.0.0.0.--..2.0.1..2.6­ ICIVIA PAYABLE 0.00 EMP. LEGAL SERVICES PAYABLE 0.00 .11.1 2.0.0.0.--..2.0.1.3.0­ FLEXIBLE SPENDING ACCOUNT 837.48 EDWARD JONES DEFERRED COMP 0.00 .1.1.1 2.0.0.0.--..2.0.1.3.2­ EMP CARE FLITE 12.00 1-1 )2( )1 I'lll""I'I'lll",'ll,'ll""I'll"'ll""I'll""I'll",'ll'I .............. .............................. "I'll'I'll�'ll""I'll""I'll",'ll33 Unemployment Comp Payable 6.53,lI .11.1 2.0.0.Q.--2.0.1.5.1, ACCRUED WAGES PAYABLE 0.00 1-1 1,-,2(")( )0-20180 ADDIT EMPLOYEE INSUR PAY 92.32 MISC PAYROLL PAYABLE 0.00 AP PENDING 5,219.34 ACCOUNTS PAYABLE 0.00 PROPERTY TAXES PAYABLE 0.00 111-2000 2 0!. 0 ........................................................................... NOTES PAYABLE 2,088,500.00 111.2000 20810 DUE TO GENERAL FUND 0.00 30,855,333.82 Balance Sheet Account Summary As Of 10/31/2023 2 1�112 11 1 11 1 , 11) 2 3 21 5'4 0 8 ..... ..... Balance Sheet Account .1 C-- Equity ............................................................................ Total Revenue Total Expense Revenues Over/Under Expenses Name Balance DEFERRED INFLOW 100,000.00 DEF INFLOW - LEASE PRINCIPAL 0.00 DEFERRED INFLOW - LEASE INT 0.00 RENTAL DEPOSITS 1,200.00 Total Liability: 2,208,566.66 FUND BALANCE - RESERVED 0.00 FUND BALANCE-UNRESERV/UNDESIG 28,912,874.38 Total Beginning Equity: 28,912,874.38 0.00 266,107.22 -266,107.22 Total Equity and Current Surplus (Deficit): 28,646,767.16 Total Liabilities, Equity and Current Surplus (Deficit): 30,855,333.82 1211212023 Item D. As Of 10/31/2023 IL.. u1� 11 'W '. '::. :'. ' IIC: III °''I 29 Balance Sheet Account Name Balance Fund: 922 - GEN LONG TERM DEBT (WEDC) Assets Total Assets: 0.00 0.00 Liability .:.... ,w .--..2w0.0.ww.--.wwwwwwww .2.4..8. GOVCAP LOAN/SERIES 2022 7,556,077.29 Total Liability: 7,556,077.29 Total Equity and Current Surplus (Deficit): 0.00 1211212023 Item D. As Of 10/31/2023 Total Liabilities, Equity and Current Surplus (Deficit): 7,556,077.29 *** FUND 922 OUT OF BALANCE ***-7,556,077.29 ***Warning: Account Authorization is turned on. Please run the Unauthorized Account Listing Report to see if you are out of balance due to missing accounts *** IL.. u1�11 'W '.:1) :. :'. ' IIC: III °''I 30 1211212023 Item D. Wylie Economic Development Corporation SALES TAX REPORT October 31, 2023 BUDGETED YEAR DIFF % DIFF MONTH FY 2020 FY 2021 FY 2022 FY 2023 22 vs. 23 22 vs. 23 DECEMBER $ 226,663.94 $ 235,381.33 $ 263,577.66 $ 338,726.54 $ 75,148.88 28.51 % JANUARY $ 218,520.22 $ 262,263.52 $ 326,207.92 $ 368,377.73 $ 42,169.80 12.93% FEBRUARY $ 362,129.18 $ 456,571.35 $ 417,896.79 $ 480,381.11 $ 62,484.32 14.95% MARCH $ 228,091.34 $ 257,187.91 $ 305,605.50 $ 313,686.17 $ 8,080.67 2.64% APRIL $ 203,895.57 $ 221,881.55 $ 265,773.80 $ 310,050.94 $ 44,277.14 16.66% MAY $ 289,224.35 $ 400,371.70 $ 401,180.20 $ 434,878.33 $ 33,698.14 8.40% JUNE $ 239,340.35 $ 290,586.92 $ 343,371.26 $ 330,236.89 $ (13,134.37) -3.83% JULY $ 296,954.00 $ 314,559.10 $ 331,432.86 $ 379,162.00 $ 47,729.14 14.40% AUGUST $ 325,104.34 $ 390,790.76 $ 429,696.16 $ 448,253.70 $ 18,557.55 4.32% SEPTEMBER $ 259,257.89 $ 307,681.15 $ 337,512.61 $ 371,880.65 $ 34,368.03 10.18% OCTOBER $ 249,357.02 $ 326,382.38 $ 346,236.36 $ 377,466.67 $ 31,230.31 9.02% NOVEMBER $ 384,953.89 $ 411,813.32 $ 392,790.84 Sub -Total $ 3,283,492.09 $ 39875,470.98 $ 43161,281.96 $ 4,1539100.73 $ 384,609.61 10.74% Total $ 3,283,492.09 $ 35875,470.98 $ 491619281.96 $ 411539100.73 $ 3843609.61 10.74% *** Sales Tax collections typically take 2 months to be reflected as Revenue. SIsTx receipts are then accrued back 2 months. Example: October SIsTx Revenue is actually August SIsTx and is therefore the 11 th allocation in FY23. 31 d Ei N Q) N < in u a I LLI C) (Z� C Q) Q! Q) Q) Q! 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LL 60). 609. 61). 61). 69). 69- 69- 6CIL 69- 61). 60). co 64-)- L- > p C) 4- C:) 0 C� C� C) C) C) C) C) Q) C:) C:) ko 0 06 Q) 0 0 0 0 0 0 0 CD CD 0000 LLI C*4 6 0 6 6 0 LO 6 0 6 Q) 6 Q) 6 cs Q) C; LO C) C) 0 Ld 0 N (::s (0� 0 (::s Q) Qs Q) Ld Q) (::5 Q) (Z:s C4 C) CD CN U-) CN N N LO LO N-- Q) Q) c1r) C� N(D LL _0 61� 61� 641). 60). 60). 69 6q 69 603, 61). 61� 0 0 0 0 Q) 0 Q) Q) 0 LLI 6 6 (Z) 6 6 0 6 Q) 6 Q> 6 Q) 6 Q) 6 —i > 0 0 0 C) C) 0 C, Q) C) C, C, C) C) (Z) z cs N-- vi CY) CIS Ld CN (0 Q� C) C� Q� C� CY) (Z� Q) Q� C�) > > a) .5 > 0 LU CIO co LO L- 0 (1) 0 z CNI 0 LL 2: LL - 0 •> LL 0) 60). 60 6/39- 6 6 9- 6 6 9- 9- 6 9- 6 CIL 11)- 9- 6 6 60 6/3 Eli L- -a 0 Cl) 5 5 C) (:C) 5 z w c) (:::� c) C) U) Z W Z LLI LU (D (D z E E E LLI >- z LU > 0 z 0 < (1) N (1) "m NN N (D w U) LLI z z U z < fl� co LU �e LLI C) 0� Lu M z LLJ z -J -1 < 0 1: z < 0 0� CQ LLI < z co 0 < c) 0 C) LLI :3 Z x < — z Co 0� 0� I: Z z Z LLI w C) E E E w L- > 0 > LLI 0� 0 w LL < LLI 0 0� z 0 IP 40- 0) I-z LL w -j < z < — m LL m < w L- 0 0 0 0 LU m m a_ LL a. 1211212023 Item E. Department: Prepared By: Planning Jasen Haskins, AICP Wylie City Council AGENDA REPORT Account Code: ,onsider, and act upon, a Final Plat of Lot 1, Block A of Validus Addition, creating one industrial lot on 0.620 acres, locate t 1602 Martinez Lane. otion to approve the Item as presented. OWNER: Validus LLC APPLICANT: Barton Chapa Surveying The applicant has submitted a Final Plat to create Lot 1, Block A of Validus Addition. The property is located at 1602 Martinez Lane and is zoned Light Industrial (LI). The purpose of the Final Plat is to create the lot and access easements fora two - building office/warehouse development that was approved in July 2022. This plat is dedicating a 24' access easement with access from Martinez Lane. A 10' utility easement is also shown along the street frontage of the subject property. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Recommendation The Commission voted 6-0 to recommend approval. 33 uj Is 71 W*1 Q. con ............... ............................ wi N_ I 7 ....... .. CiI( lu Is of Avm im. was 12 R fill, Old 1211212023 Item F. Department: Prepared By: Planning Jasen Haskins Wylie City Council AGENDA REPORT Account Code: onsider, and act upon, Ordinance No. 2023-54 for a change in zoning from Commercial Corridor (CC) to Commercial orridor -Special Use Permit (CC -SUP) on 0.4496 acres to allow for Automobile Repair Minor use. Property located at 403 S. State Hiahwav 78 (ZC 2023-1 otion to approve the Item as presented. On November 14, 2023 City Council approved the writing of an ordinance for a change in zoning from Commercial Corridor (CC) to Commercial Corridor -Special Use Permit (CC -SUP) on 0.4496 acres to allow for Automobile Repair Minor use. Property located at 403 S. State Highway 78 (ZC 2023-17). Final approval of Zoning Case 2023 -17 requires the adoption of the Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (Zoning Exhibit), and Exhibit C (SUP Conditions) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. 35 1211212023 Item F. ORDINANCE NO.2023-54 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2023-17, FROM COMMERCIAL CORRIDOR (CC) TO COMMERCIAL CORRIDOR - SPECIAL USE PERMIT (CC -SUP) ON 0.4496 ACRES TO ALLOW FOR AUTOMOBILE REPAIR MINOR USE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor - Special Use Permit (CC -SUP), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and SUP Conditions are an integral component of the development of the property and are attached as Exhibit B and Exhibit C. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Ordinance No. 2023-54 SUP for 1st Choice Auto (ZC 2023-17) Page 1 of 2 36 1211212023 Item F. SECTION 7: 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 8: The repeal of any ordinance, or parts thereof, by the enactment of this 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, nor as effecting any rights of the municipality under any section or provisions 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 12th day December, 2023. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: December 20, 2023, in the The Wylie News Ordinance No. 2023-54 SUP for 1St Choice Auto (ZC 2023-17) Page 2 of 2 37 1211212023 Item F. Exhibit A Legal Description Property being 0.45 acres, all of Tract 20 of the Samuel 6 Shelby Survey, located at 403 South State Highway 78, Wylie, Texas. 38 1211212023 Item F. 1st Choice Auto & Tire ■ Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for an automobile repair use classified as Automobile Repair, Minor. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of June 2023), except as specifically provided herein. 2. The design and development of the automobile repair use shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. The development within this Special Use Permit shall be permitted to provide 14 parking spaces in lieu of the required 18 parking spaces of the Zoning Ordinance (adopted as of June 2023). Page 1 of 1 N N O N N P N N O N N P 1211212023 Item G. Department: Prepared By: Planning Jasen Haskins, AICP Wylie City Council AGENDA REPORT Account Code: I onsider, and act upon, Ordinance No. 2023-55 releasing a portion of the City of Wylie's Extraterritorial Jurisdiction, onsisting of two tracts of land totaling 6.948 acres located on the east side of Troy Road at Elida Lane. otion to approve the Item as presented. a the 88th regular session of the Texas Legislature in 2023, Senate Bill 2038 created the ability for property owners to petition municipality to be released from that municipality's extraterritorial jurisdiction (ETJ). The law requires the petitioner supply ertain information and the City Secretary to verify that info. Once the petition has been verified, the governing body (City vouncil) must act on the petition, and as long as all requirements are met as set forth in Sec 42.104 of the Texas Local iovernment Code, approve the release as required by Sec 42.105. 'he City Secretary received a petition for the release of two unplatted lots, Tracts 14 and 26 of the LB Outlaw Survey, on .948 acres in Collin County. The property is located on the east side of Troy Road at Elida Lane. After reviewing and erifying the petition, City staff has prepared an Ordinance (attached) to release the property from the ETJ as requested by le applicant. taff recommends approval of the Ordinance. 1211212023 Item G. ORDINANCE NO.2023-55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, RELEASING A PORTION OF THE CITY OF WYLIE' S EXTRATERRITORIAL JURISDICTION, CONSISTING OF TRACT 14 AND TRACT 26 IN THE L.B. OUTLAW SURVEY TOTALING 6.948 ACRES, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT TROY ROAD AND ELIDA ROAD, COLLIN COUNTY, TEXAS, AND CONTRACTING THE BOUNDARY LIMITS OF THE CITY OF WYLIE'S EXTRATERRITORIAL JURISDICTION ACCORDINGLY; PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Robert W. Heath ("Landowner") is the sole owner of real property within that certain area of land consisting of 6.948± acres, being Tract 14 and Tract 26 located in the L. B. Outlaw Survey, Collin County, Texas; and WHEREAS, the Landowner submitted a Petition to the City of Wylie, Texas ("Wylie"), requesting a release of the Property from Wylie's extraterritorial jurisdiction, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Landowner's Petition satisfies the requirements set forth in Texas Local Government Code Section 42.103; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens and the Landowner to release the Property from Wylie's extraterritorial jurisdiction under the authority of Chapter 42 of the Texas Local Government Code, including Section 42.023 and Section 42.103 of the Texas Local Government Code, and the Wylie City Charter; and WHEREAS, the City Council finds that Wylie has complied with all requirements for the consideration and adoption of this Ordinance pursuant to Chapter 42 of the Texas Local Government Code and the Wylie City Charter; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and other requirements for releasing the Property from Wylie's extraterritorial jurisdiction have been performed and completed in the manner and form required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findinpas Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Property Released from Extraterritorial Jurisdiction. The Property is hereby released from Wylie's extraterritorial jurisdiction, and the boundary limits of Wylie's extraterritorial jurisdiction are contracted accordingly. The City Manager and/or his designee shall take all necessary steps to amend the official map of Wylie to show that the Property is released and removed from Wylie's extraterritorial jurisdiction. No other release of or reduction in Wylie"s extraterritorial jurisdiction is intended except as expressly set forth in this Ordinance. A certified copy of this Ordinance shall be filed in the County Clerk's Office of Collin County, Texas. Ordinance No. 2023-55 Releasing Area of Land from ETJ Tracts 14 and 26 L.B. Outlaw Survey Page 1 of 2 43 1211212023 Item G. SECTION 3: Savings/Repealing. 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 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. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 12th day of December, 2023. Matthew Porter, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Stephanie Storm, City Secretary Ordinance No. 2023-55 Releasing Area of Land from ETJ Tracts 14 and 26 L.B. 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T 7- -C CL w L) 0 16 <—O P C, —0 - o CL c Lj V) Z Lw,- 0 cy) (A M 0ui z cn OLj F- 0 CL CL LLi V) ar 0 in- Of -J V) LLI 0� cr Lm- C> -0 0' L- 8 8 o CLL 0 of- V) Cl. 0 -0 LLJ > (A z z 0 t n w U) n P (n < V) gu c L LLj Qujc -0 Li co z r- -o I= 0 F--M W (9 (n Cf 0 - Cf LL) , Zn 0 D r u Zn z 0 w o 0 z 0 U0 V)Wzi .0 Z) 0 D 'SC z 0 "o E w LMLl U a, 0 zg� 2 N > o 0 0 IV < - C14 p CL o 11-1 X E f I C14 Q , 0 >, CL ui - I -0 0 �E 0 's0,�i C) w -M NC14 a cx 0 E E in w p z < es C) 2 w < CL Q, uj C r ,u ui Q U- ly- .0 03: 0 a Z th C.) -kJ 7A� LL) Lr- w P-- z 0 0 wJ w< LLJ Z r 0 z 0 cc Y) CIC V) u 0 U a- a- IZ tr) Lf) V) C4 04 Ljr) Lj 1211212023 Item G. Being all that certain lot, tract or parcel of land located in the L.B.Outlaw Survey, Abstract No. 676, City of Wylie (ETJ), Collin County,, Texas, and being part of the same tract of land described in deed to Marcos F. Martinez., recorded in Volume 4143 page 33731 Official Public Records, Collin County, Texas, and being more particularly described as follows: Beginning at a Y2 inch iron rod found in Troy Road, at the Southwest corner of a tract of land described in deed to Tuk Doss and Yuvonne Doss, recorded in Volume 4178, Page 2167, Deed Records, Collin County, Texas, same being the Northwest corner of said Marcos F. Martine z tract; Thence N 89 deg. 28 min. 41 sec. East,, a distance of 791.36 feet to a Y2 inch iron rod found in the Westerly line of tract of land described in deed to the City of Dallas, recorded in Volume 1198,. page 817,, Deed of Records, Collin County, Texas, at the Southwest corner of said Doss tract, same being the Northwest corner of said Martinez tract; Thence South 08 deg. 59 min. 50 sec. East, along said Westerly line, a distance of 56.01 feet to a 4 inch brass disc found for corner; Thence South 16 deg. 51 min. 11 sec. West., along said Westerly line, a distance of 334.00 feet to a Y2 inch iron rod with a yellow plastic cap stamped "RPLS 3691" set for a corner; Thence North 65 deg. 33 min. 05 sec. West, a distance of 741.49 feet to a Y2 inch iron rod with a plastic cap stamped "RPLS 3691" set for a corner; Thence North 88 deg. 20 min. 10 sec. West a distance of 30 feet to a Y2 inch iron rod with a yellow plastic cap stamped "RPLS 3691" set in the corner in said Troy Rd Thence North 01 deg. 39 min. 50 sec. East, along said road, a distance of 60.03 feet to the PLACE OF BEGINNING and containing 169,,236 square feet or 3.885 acres 46 x C) 0 U S c C.) CL 0 6- > cr- a) c 0 cl� 4- 00 ro a) , C14 C14 >N N CL ay 4- X a -#� W 0 0 0 5-- > L- a) c F— 1- 0 0 0 03 a 0 3.' (D 0 -C -4-j 0 Cu © -f-j -+., E 0 CP 0 ct 4) -0 4-J :3 4-J L� 0 = — a) 0 & 0 a, Cd S 0 3r C ul CL W 4- 0 > a) V- (D 4-4- IM 0 0 c 0 0 LO P, 7 c 0 C u; 0 0 LO in 0 x 0 U) -0 5 E 4- 0 Ul 0 0) 0 4- 0 4- 0 tv it C -0 a— 0 0 L- 0 -*j -0 (n 0 r 0 04- 0 :3 f w x 0 �-:2 0 0 -0 C a) 0 cn CL 0 n cn 4- 0 > 0 0 Of 0 c a M Ln 0 V) (0 N U PO U 0 0 0.0 0 = 0 ►-0 C: :1 :3 0 0- 0 a 0 n 0 0 0 0 -0 all -a C) L- 0 ao 0 ul 0. ..: y - 0. x 0 a c 0 w (n 0 a' a 0 0 -0 0 CL 0 0 0 ul Ul -WUi w C: 0 ay a 0 0 .� -0 4- -0 000 0 o n -C Lr.) 0 C) 0 0 U N C C: .- = ♦M 3: 0 CJ v- 4-J 2 a E — U) C: 0 -t 0 a >l 0 c V 0 0 -0 CL 0 0 E 4- -+-, 0 U 0 U) 0 c F, En C14 CD W) 0 -e U 0 in Z:2 cq C: 04-0 0-0 U-0 0 .cry 0 =1 0 Im•0 Q 61 3: 0 (71 0 0 W 0-0 U M 0) a a) 010 U 01 C-) ri -0 C14— L- C14 0 0 b V) 9) r U 10 — (1) -0 0 -0 Ckf C -0 0 -4-J 13 (1) V) 0 Lf- -F (1)(60 rl�, C`4 0) 0 00 00 Lr) C 13 to 0 L- Q) 00 10 o L- -4-j CL (D W) 4-j L4.- V) 0 C14 - S, -r 4. a) -4� 00 C :3 CD -C o U M.2td 0 :3 0 0 :3 L-4.j 0 :3 0 :3 0 > o 0 C_ 0a 4-j L- n 0 U-1- t- . m a) C 4- E 0 E -7, C) W 0 V) OO C 2— Q) 4-J 00 Ln -0 Val a1 0 0 4) z 0 4) Lj ul E :E 4� u 4-J Q U L- 0 L- _C C: 0 M Qy W -C .0 m < W 0 0 D on 0 0 V) LL- 0 0 'j. W 0 U �ryLn cef r- 0 zip . Dd SV7�vc AL 6 0 W- CL (n U) 0 U F- —0 Ise di" s E ""mow Id n uj C-1 (ij, z V1 Z) 0 c) v) 0- 1 — 04 Z Cot 003 Z Z to cj 0 0 Cq L In En w V1 0 C4 �a z Q LLA cq cc cr Ln §0 di rn :D ci > 0 ( vo CTP z LJ aj < uj w < L) LAI z A, PLO uJ C) L16 0 C� 00 cc 193 d OVA, .. . . . . . . .............. 4 1 ............ 7 ... . .... .. ..... . .. ... 7z 0 31j"(1 ",kL9 '08 `1OA OVON AO 81 Z `Z3WidVA 'J MVN08 -0-ZLLL9tQ06LZLZL0Z *ON '.LSN1 "29NUbM 'J (T1VN08 - ----------- En z th 0 Of ca 00 cl-, . 1� V) 000 43 G. a_ 0- uj CL In Ln Po 0 04 IN Ln MWJJ I 0 1211212023 Item G. Being all that certain lot, tract or parcel of land located in the L.B.Outlaw Survey, Abstract No. 676, City of Wylie (ETJ), Collin County,, Texas, and being part of the same tract of land described in deed to Marcos F. Martinez, recorded in Volume 4143 page 3373,, Official Public Records, Collin County, Texas, and being more particularly described as follows: Beginning at a Y2 inch iron rod found in Troy Road at the Northwest corner of a tract of land described in deed to Michael Mouser and Joann Mouser, recorded in instrument No. 20200127000112880, Official Public Records, Collin County, Texas, same being the Southwest corner of said Martinez tract; Thence North 01 deg. 39 min. 50 sec. East, along said road, a distance of 338.17 feet to a Y2 inch iron rod with a yellow plastic cap stamped "RPLs 3691" set for corner; Thence South 88 deg. 33 min. 05 sec. East, a distance of 741.49 feet to a Y2 inch iron rod with a yellow plastic cap stamped "RPLs 3691" set in the Westerly line of a tract of land described in deed to City of Dallas, recorded in Volume 1198,, Page 817, Deed Records, Collin County, Texas; Thence South 16 deg. 51 min. 11 sec. West, a distance of 25 feet to a Y2 inch iron rod found at the Northeast corner of said Mouser tract, same being the Southeast corner of said Martinez tract; Thence South 89 deg. 29 min. 11 sec. West, a distance of 707.59 feet to the PLACE OF BEGINNING 133.,414 square feet or 3.063 acres of land. 1211212023 Item H. Department: Human Resources Account Code: Prepared By: Jennifer Beck onsider, and act upon, Ordinance No. 2023-56 approving a Buyback provision for qualified employees as permitted un ie rules and regulations of the Texas Municipal System (TMRS). otion to approve the Item as presented. The Texas Municipal Retirement System (TMRS) Buyback Provision allows a current City employee who has previously refunded and forfeited TMRS service to purchase and reestablish that service credit. The City last adopted a Buyback in 2000 in which 24 employees were eligible. Of those, eight have participated to date. Currently, 15 employees are eligible per TMRS, but much fewer will actually participate. Participating employees have to pay a 5% penalty for each year their account remains withdrawn. The penalty is allocated to the City's TMRS account which helps offset any cost to the City. Assuming the immediate purchase of all this credit, the increase in liability and contribution rate would be $1,115,478.00 and 0.28%, during the next actuarial valuation cycle. However, the City's contribution rate will not change until an individual actually buys back the previously forfeited credit. Increasing the rate by 0.28% would cost the City around $80,000 based on current salaries. 1211212023 Item H. ORDINANCE NO.2023-56 AN ORDINANCE REGARDING THE CITY OF WYLIE' S TEXAS MUNICIPAL RETIREMENT SYSTEM BENEFITS ALLOWING CITY EMPLOYEES WHO HAVE CANCELED PREVIOUS MEMBERSHIPS IN THE SYSTEM TO BUY BACK SUCH PREVIOUSLY CANCELED SERVICE. WHEREAS, the City of Wylie, Texas ("City") elected to participate in the Texas Municipal Retirement System (the "System" or "TMRS) pursuant to Subtitle G of Title 8, Texas Government Code, as amended (which subtitle is referred to as the "TMRS act"); and WHEREAS, each person who is or becomes an employee of the City on or after the effective date of the City's participation in the System in a position that normally requires services of 1,000 hours or more per year ("Employee") shall be a member of the System ("Member") as a condition of the employment; and WHEREAS, the actuary of the System has determined that all obligations charged against the City's account in the benefit accumulation fund of the System (the "City's BAF"), including the obligations arising from this Ordinance, can be funded by the City within its maximum contribution rate, if applicable, and within its amortization period; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the public interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. As authorized by TMRS Act §853.003, the City authorizes any Member of the System who is an Employee on the day that this Ordinance is passed and approved, and who has withdrawn deposits from the System, to buy back credited service that was canceled by the withdrawal. To do so, the Member must have at least 24 consecutive months of credited service as an Employee with the City since resuming membership and must deposit with the System in a lump sum the amount withdrawn, plus a withdrawal charge of five percent (5%) of such amount for each year from the date of such withdrawal to the date of redeposit (which deposit is referred to as the "Buyback"). Upon such Buyback, such Member shall be allowed credit for all service to which the Member had been entitled at the date of the cancellation of the previous membership as if all such service had been rendered as an Employee of the City. The City agrees to underwrite and assume the obligations arising out of the granting of all service credit resulting from the Buyback and that all such obligations and reserves required to provide such service credit shall be charged to the City's BAF. SECTION 2. This Ordinance shall take effect on the day that it is passed and approved. Ordinance No. 2023-56 TMRS Buy Back Page 1 of 2 50 1211212023 Item H. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12' day of December, 2023. Matthew Porter, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Ordinance No. 2023-56 TMRS Buy Back Page 2 of 2 51 1211212023 Item H. t October 13, 2023 Jennifer Beck HR Director City of Wylie 300 Country Club Dr Wylie, TX 75098-3000 Dear Ms. Beck: As per your request, we are pleased to enclose a model ordinance for your city to adopt: Buyback This provision allows city employees the opportunity to purchase previously forfeited service with TMRS. As of the December 31, 2022 valuation date, there are 15 employees with previously forfeited credit that will be eligible if a new buyback ordinance is adopted. Assuming the immediate purchase of all this service credit, the increase in liability and contribution rate would be $1,115,478.00 and 0.28%, during the next actuarial valuation cycle. However, the city's contribution rate will not change until an individual actually buys back previously forfeited credit; and then the following purchase will be included in that year's valuation impacting the following year's contribution rate. Once the completed ordinance has been received, we will prepare and transmit Buyback Applications for all employees who have forfeited service. Upon receipt of the individual applications and all payments, each member's account will be updated to reflect the Buyback purchase. Each employee is encouraged to buy this service back as soon as possible in order to eliminate any further charges. When the ordinance is adopted, please send a copy to City Services at cityservices@tmrs.com. If you should need additional information or assistance, please feel free to contact me at 512-225-3742. Sincerely, Colin Davidson Education Manager �°Ipf IIII . XS 111� of IU I`,J C A L E 'T IIII li Z, 4 E IN �r , ) r s i �ii IIII11Yj R O, Box 1491153 - Ausfin, Tease 7 71 - 153 -- - 7 - ww . t aii r _ crn 52 C'7 N O N O U O O N ry _00O M � ogo i L. O O 0�- N cpN N 0 0 N OO O N C M� p') � N N M L. O N .� 0 Q N N 61 >� U ~ � t CO O N 00 o O o O {f} O 4-0 4-0 E 4- a = O MO / maNccu N N }' C J Q C6 O O -I-- cu '� O '0 J 0 Q C)O — 4r m CU cU N ca 0 — O .4-0 O ca U � U U Q o ••�— ca � > Q4-0 p U � O } ca - Iliz: ca � E a) O -0 NNp ca O U M � Q O N +� C E — p N 4- 0 N p N = O >U) O z cn <U- � U N I V_-0 O Lr) co L- O 'i (1) c: > � O U L N U) C: L N -0 N C: � ca O co .� C: N .� N 0 N N U 4- •� 'N N � U N •� -- (� U � p to IZ— N -- � N O N C C 4-1 .� O U .5 U N � O N U }, O N -� '> a w a� ��L- 0 U CO a N Coo � N 0 tOn Cp 0 >I -0 c� E m Lf O •� _ o .E co 4-5 .o oN O � QL o E - C :3 �o > -E O N.�m N CD U O M N � '� Q 0o 'r- Un 70 N E -0 -0 a) E0c� N U M M 00 0 0 C: O .O LO Oco Q cn o o " N Q m 0 O-0 1211212023 Item I. Department: Human Resources Account Code: Prepared By: Jennifer Beck onsider, and act upon, Ordinance No. 2023-57 adopting non -retroactive repeating COLAs for retirees and their beneficiarie Eder Texas Municipal Retirement System (TMRS). otion to approve the Item as presented. On May 27, 2023, the Texas Legislature amended the TMRS Act to provide participating cities with a new repeating COLA option. Currently, a COLA must be calculated retroactively by looking back at the cumulative change in the CPI since each retiree's retirement date. The new non -retroactive repeating COLA option eliminates the retroactive calculation by only looking back to the change in the CPI for the one-year period that ends 12 months before the COLA's effective date. This new COLA Option will be less expensive for a city than a repeating COLA calculated retroactively and no retiree's current monthly benefit will be reduced. TMRS estimates the City's unfunded liability to be reduced by $1,057,583 by adoption of this option. 1211212023 Item I. ORDINANCE NO.2023-57 AN ORDINANCE REGARDING THE CITY OF WYLIE'S TEXAS MUNICIPAL RETIREMENT SYSTEM BENEFITS: (1) ADOPTING NON -RETROACTIVE REPEATING COLAS, FOR RETIREES AND THEIR BENEFICIARIES UNDER TMRS ACT §853.404(f) and (f-1), AND (2) AUTHORIZING ANNUALLY ACCRUING UPDATED SERVICE CREDITS AND TRANSFER UPDATED SERVICE CREDITS. WHEREAS, the City of Wylie, Texas (the "City"), elected to participate in the Texas Municipal Retirement System (the "System" or "TMRS") pursuant to Subtitle G of Title 8, Texas Government Code, as amended (which subtitle is referred to as the "TMRS Act"); and WHEREAS, House Bill 24641 8 8th Texas Legislature, R. S., 2023 ("HB 2464"), added Subsections 853.404(f) and (f-1) to the TMRS Act and authorized cities participating in the System to provide certain retirees and their beneficiaries with an annually accruing ("repeating") annuity increase (also known as a cost of living adjustment, or "COLA") based on the change in the Consumer Price Index for All Urban Consumers for the one-year period that ends 12 months before the January 1 effective date of the applicable COLA (a "non -retroactive repeating COLA"); and WHEREAS, new TMRS Act §853.404(f) and (f-1) allow participating cities to elect to provide non -retroactive repeating COLAs under certain circumstances, as further described by this Ordinance, by adopting an ordinance to be effective January 1 of 2024, 2025 or 2026, in accordance with TMRS Act §854.203 and §853.404; and WHEREAS, TMRS Act §853.404(f-1) provides the non -retroactive repeating COLA option applies only to a participating city that, as of January 1, 2023, either (1) has not passed an annually repeating COLA ordinance under TMRS Act §853.404(c) or had previously passed a repeating COLA ordinance and then, before January 1, 2023, passed an ordinance rescinding such repeating COLA, or (2) does provide an annually repeating COLA under §853.404(c) and elects to provide anon -retroactive repeating COLA under §853.404(f) for purposes of maintaining or increasing the percentage amount of the COLA; and WHEREAS, the City Council acknowledges that the City meets the above -described criteria under §853.404(f-1) and is eligible to elect anon -retroactive repeating COLA under §853.404(f) and that such election must occur before January 1, 2026, and after that date future benefit changes approved by the City may require reversion to a retroactive repeating COLA; and WHEREAS, the City Council finds that it is in the public interest to (1) adopt annually accruing non -retroactive COLAs for retirees and their beneficiaries under TMRS Act §853.404(fl and (f- 1); and (2) in accordance with TMRS Act §853.404 and §854.203(h), reauthorize annually accruing Updated Service Credits and transfer Updated Service Credits, now: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Adoption of Non -Retroactive Repeating COLAs. (a) On the terms and conditions set out in TMRS Act §854.203 and §853.404, the City authorizes and provides for payment of the increases described by this Section to the annuities paid to retired City employees and beneficiaries of deceased City retirees (such increases also called Ordinance No. 2023-57 TMRS Non -Retroactive Repeating COLAs & Annual Accruing Updated Service Credits Page 1 of 3 55 1211212023 Item I. COLAs). An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed in accordance with TMRS Act §853.404(f) as the sum of the prior service and current service annuities, as increased in subsequent years under TMRS Act §854.203 or TMRS Act §853.404(c), of the person on whose service the annuities are based on the effective date of the annuity increase, multiplied by 70% of the percentage change in the Consumer Price Index for All Urban Consumers during the 12-month period ending in December of the year that is 13 months before the effective date of the increase under this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation under this Section does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed under this Section. (e) In accordance with TMRS Act §853.404(f-1)(2), an increase under this Section only applies with respect to an annuity payable to a TMRS member, or their beneficiary(ies), which annuity is based on the service of a TMRS member who retired, or who is deemed to have retired under TMRS Act §854.003, not later than the last day of December of the year that is 13 months before the effective date of the increase under this Section. (f) The amount of an increase under this Section is an obligation of this City and of its account in the benefit accumulation fund of the System. (g) The initial increase in annuities authorized by this Section shall be effective on January 1 immediately following the year in which this Ordinance is approved, subject to receipt by the System prior to such January 1 and approval by the Board of Trustees of the System ("Board"). Pursuant to TMRS Act §853.404, an increase in retirement annuities shall be made on January 1 of each subsequent year, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in TMRS Act §853.404(d), until this Ordinance ceases to be in effect as provided in TMRS Act §853.404(e). SECTION 2. Authorization of Annually Accruing Updated Service Credits and Transfer Updated Service Credits. (a) As authorized by TMRS Act §854.203(h) and §853.404, and on the terms and conditions set out in TMRS Act §§853.401 through 853.404, the City authorizes each member of the System who on the first day of January of the calendar year immediately preceding the January 1 on which the Updated Service Credits will take effect (i) has current service credit or prior service credit in the System by reason of service to the City, (ii) has at least 36 months of credited service with the System, and (iii) is a TMRS-contributing employee of the City, to receive "Updated Service Credit," as that term is defined and calculated in accordance with TMRS Act §853.402. (b) The City authorizes and provides that each employee of the City who (i) is eligible for Updated Service Credits under Subsection (a) above, and (ii) who has unforfeited prior service credit and/or current service credit with another System -participating municipality or municipalities by reason of previous employment, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in TMRS Act §853.601 Ordinance No. 2023-57 TMRS Non -Retroactive Repeating COLAs & Annual Accruing Updated Service Credits Page 2 of 3 56 1211212023 Item I. (also known as "Transfer USC"), both as to the initial grant and all future grants under this Ordinance. (c) The Updated Service Credit authorized and provided under this Ordinance shall be 100% of the "base Updated Service Credit" of the TMRS member calculated as provided in TMRS Act §853.402. (d) Each Updated Service Credit authorized and provided by this Ordinance shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) The initial Updated Service Credit authorized by this Section shall be effective on January 1 immediately following the year in which this Ordinance is approved, subject to receipt by the System prior to such January 1 and approval by the System's Board. Pursuant to TMRS Act § 853.404, the authorization and grant of Updated Service Credits in this Section shall be effective on January 1 of each subsequent year, using the same percentage of the "base Updated Service Credit" stated in Subsection (c) in computing Updated Service Credits for each future year, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in TMRS Act §853.404(d), until this Ordinance ceases to be in effect as provided in TMRS Act §853.404(e). DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 12th day of December, 2023. Matthew Porter, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Stephanie Storm, City Secretary Ordinance No. 2023-57 TMRS Non -Retroactive Repeating COLAs & Annual Accruing Updated Service Credits Page 3 of 3 57 co U) N O N N C'7 N O N ti N O N m r) L O QL a) ry r � .2 O 0. 0 O O I` � O }' N ^ � 4-1 O N o O O r O O � o O � � � � °� Q � N N � O � o O M 0 O O LO O 00Zzi � {�} (6 0 O N 00 ^ c ^ _ �� °� a �� �o ���� �� i O o O �' O ) Q OD 0 �� N a 06 N c OO � N N C M�� O m N O N >' M ui U ~ N Q N Lo p t CO CD co o N CDo CD {f} 4-04-1 E \\ ♦- f = O MO 4-1 N O Q J cm cU 0 4r CD a� (U O c� 0 .O O '> O U Q m =3 3 4- U O •� U) (U > Q O p j p U U '� O +� 0 }. m O }' O �N L ca O O •— �+ E O O U O 0 ca N-0 O U }' M c-i +� O +r cn E O +� �— Q � _ O 0 c) O p a)O >cn O z0-0�U) '� a)p � E QLL a (� W U) z W W LU L.L � J Q 0- U z (n Q x W 1211212023 Item I. 21 it „l November 7, 2023 Jennifer Beck HR Director City of Wylie 300 Country Club Dr Wylie, TX 75098-3000 Dear Ms. Beck: We are pleased to enclose a model ordinance for your city to adopt: 100% Updated Service Credit with Transfers 70% Non -retroactive Cost of Living Adjustment Increase to Annuitants Both Annually Repeating Both Effective January 1, 2024 By adopting this ordinance, the city will not have to adopt an ordinance each year to re -authorize the calculation of Updated Service Credit and Cost of Living Adjustment. These benefits will remain in effect for future years until such time as it is discontinued by an ordinance adopted by the City Council. With the adoption of these additional benefits, your city's contribution rate for 2024 will be 15.04%. Please make sure the ordinance is adopted and signed before the effective date. When the ordinance is adopted, please send a copy to City Services at cityservices@tmrs.com. If you have any questions about the model ordinance or anything else, please call me at 512-225- 3 742 . R O, Box 1491153 - Ausfin, Tease 1 - 15 59 1211212023 Item J. Department: Parks and Recreation Account Code: Prepared By: Janet Pieper onsider, and act upon, approval of the Wylie High School PTSA Pirate Dash 5K/Walk fundraiser event at Founders Park on pril 13, 2024. Motion to approve the Item as presented. The Wylie High School PTSA, a non-profit group, submitted a Non -Profit Park Event Application requesting to host their third annual Pirate Dash 5K/Walk fundraiser and community event in Founders Park on April 13, 2024 from 5:00 a.m. to 12:00 p.m. The event target audience is the entire Wylie Community for a fun and active family event. They intend to have a one -mile fun run and a certified 5K race with prices. Vendors and food truck are invited to participate. Food items will be sold, and the applicant has already reached out to the Collin County Environmental Services for approval of the food items and food trucks. 60 1211212023 Item J. C FTY OF"" WYLIE., Parks & Recreation Department 300 Country Club Rd, Building 100 Wylie,, TX 75098 9i72-516-6340 I Parks@wylietexasgoiv Please note that this application is NOT required in order to reserve a paviliical private group parties, ineetin,gs, reUni , ons, or family, events. It is also NOT requir ed to reserve an athietic field for practices or pick up games; instead click on the following link to make a reservation: ht,tps-./lan�c,.apm.act,iveclomimunities.com/wylle Submission of this Non -Profit Park Event Application is required forspecial public non-profit events, Ifun runs. I fundraisers, events with food andlor merchal7dIse vendors, and all events wherein items will be sold. This form is reviewed by staff for aroval prior to the requested event and must be submitted a inn tart oftwelve weeks in advance, and no sooner than 6 months prior to the event date being requested. After City staff reviews the applicatiO,17, a Non -Profit Park Event Application may be considered for recommendation of approval by the WElie Parks and Recreation Board, with the final review for approval completed by Wylie City Council if' staff finds that.- • Prio, rity use is given to City Events and private rentals,W • All fees have been paid,- M The event does not: a. Conflict or compete with another approved non -City event, if7 consideration of event size, location, expected attendance, etc., as determinedby staff,- b. Conflict or compete with City events and pro grams, as determined by staff (no car show's permitted 30 days prior to or, 14 days after the City -sponsored Bluegrass on Ballard event),,- c. resent an, unreasonable danger, to health or safety; d. Cause loss or damage to City property,, e. Interfere with or place a burden on Public Safety services,,- f Interrupt the safe and orderly movement of pedestrians and vehicles. For events including foold items, applicant provides documentation from the Collin County Environmental Services indicating whether or not a Food ServicelHealth permit is required for the event. This includes all fdoid items* sold, free, food trucks, catering, home/Vade, prepackaged, etc ., - a. Please contact the Environmental Services Specialist at 972-548-5528 or 972-548-,5,585. The Collin County wet site is ww,w. collincountytx. gov for further infbrmation. b. If peirr it is require d by Environmental Servies, provide staff with a list of all planned food vendors and a copy of their CUrrent Collin Courity Food Seryice lHealth permit, or intent to receive a Terri porarylShort-Term Event Food Seryice ll-lealth Permit. • There will be adequate sanitation available in or adjacent to the event, in addition to the City facilities as deerned necessary, such as port-a-le,ts, as stations, and otherrequired health facilities. • The event is not being conducted for unlawful or discriminatory purposes. The event is in adherence to, all Parks, and Recreation rules and City Ordinances. Please call the Parks and Recreation Depadwent at 972-516-6340, prompt 1, if'you have any questions pertaining to the Park Event Application. Apphcant Information 61 1211212023 Item J. Name of Organization, * Welbsite Wylie High School PTSA littps-//pir°atedasli,5k.,w1 sptsa.org/ Are you a n�on profit?* Please uploadl 5010 Documents Yes No L.etter of Good Standing.pdf 103.78KB Cont,act Information Primary Contact Name* Cristiana Nunn, Event Informiation Event Name/Title Pirate Dash EventType 5k,/'Walk Purpose of event, Fundraiser and Cornrnlinity Event Event Location* Founders Park Proposed Event Date* 04/13/2024 Start T'ime * 05-00-00 AM h­ichide Sel"U� Alternative Event Date 04113/2024. End Time * 12-00-00 PM Do you plan to sell items, of any kind? exan­#&� drinks, food items, [­shlima, no conE)S, rnen-iberships, regisft'abons et(,1.'-1 Yes No �Please specify all items you plan to sell vendors, selling arts, crafts, etc Will there be food items provided? Yes No Please specif items to be provided Ucensed and certified -food truicks Who is providing the food? Applicant Food Vendor, Other 1211212023 Item J. Anticipated nurrilber of Participating Vendors Anticipated Event Attendance 30 250 Event Targ�et Audience * Wylie Farnilies and high school students Event Detafls * 3rd Annual Pirate Dash targeting the whole Wylie Community for a fun and active family event. We will have a one mile fun run as well as a cerfified 51K race with prizes. Vendors and food trucks willl be invited to participate. Event Announcement and/or Flyers Date * 10/16/2023 63 1211212023 Item K. Department: Public Works Prepared By: Purchasin Wylie City Council AGENDA REPORT Account Code: 100-5411-54250 Consider, and act upon, the approval of the purchase of school zone flasher assemblies from Paradigm Traffic Systems, in the estimated amount of $89,250.00 through a cooperative purchasing contract with BuyBoard, and authorizing the City Manager to execute any and all necessary documents. otion to approve the Item as presented. The purpose of this request is to update 15 school zone flashing assemblies due to outdated, unreliable equipment. In addition, the vendor has started outsourcing the maintenance of computer programming to a third party. This has made it difficult to have issues corrected in a timely manner. This is a phased -in approach to eventually replace all 90-school zone flashing light assemblies. Staff recommends the purchase of school zone flasher assemblies from Paradigm Traffic Systems, in the estimated amount of $89,250.00. 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. ylie Agreement #2024-22-I / BuyBoard Contract 695-23 64 1211212023 Item L. Department: Purchasing Department Account Code: Prepared By: Kirby Krol 100-5231-58510 Consider, and act upon, the approval of the purchase of an ambulance from Southern Emergency and Rescue Vehicle Sales (SERVS) in the estimated amount of $467,344.00 through a cooperative purchasing contract with Houston -Galveston Area Council (HGAC) and authorizinLy the Citv Manager to execute anv and all necessary documents. otion to approve the Item as presented. Wylie Fire Rescue ("WFR") is planning to purchase a Ford F450 4x2 Horton Emergence Vehicle, Type I, Ambulance Model 623. Funding for this acquisition was approved as a capital line item within the General Fund used to cover large, one-time purchases such as vehicles within the FY2023-FY2024 budget adopted on August 22, 2023. In addition to providing ambulance service to the citizens of Wylie through the WFR, the City also contracts with Paramedics Logistics for backup ambulance support using two (2) fire department staffed ambulances. The contract between Paramedics Logistics and Southeast Collin County E.M.S. Coalition funds two (2) full-time ambulances in the contract. The City is preparing an EMS service this year to replace the Paramedic Logistic contract in FY2025. This transition includes the staffing a third ambulance in FY2024. staff recommends the purchase of an ambulance from Southern Emergency and Rescue Vehicle Sales (SERVS), in the stimated amount of $467,344.00 through a cooperative purchasing contract with Houston -Galveston Area Council (HGAC). 'he City is authorized to purchase from a cooperative purchasing program with another local government or a local ooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local iovernment Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. ylie Agreement No. 2024-23-I / HGAC Contract No. AM-10-20). 65 1211212023 Item M. Department: Purchasing Account Code: Prepared By: Kirby Krol 100-5411-58570 Consider, and act upon, the award of a professional services project order (PSPO) #W2024-24-I for the design of a traffic signal at the Intersection of Sachse Road and Creek Crossing Lane to Kimley-Horn & Associates, Inc. in the amount of $65,800, and authorizing the City Manager to execute any necessary documents. otion to approve the Item as presented. In response to increasing traffic volumes resulting from community growth, a warrant analysis was performed at the intersection of Sachse Road and Creek Crossing Lane. Subsequently, the warrant was met for Four -Hour Volumes and indicated that placement of a traffic signal would assist in existing and future traffic congestion. Included in the scope is survey, signal design, signal timing development, bidding services, and construction phase services as required to construct the signal. The design of this intersection was included in the approved FY2023-FY2024 budget. The proposed contract value falls within the approved budget allocated for this purpose. Staff recommends the award of this PSPO to Kimley-Horn & Associates, Inc. as the most qualified firm to provide professional and consulting services for the design of a traffic signal at the intersection of Sachse Road and Creek Crossing Lane. This PSPO is issued under Master Agreement for Professional and Engineering Services (MAPES) #W2021-8-E. Staff has determined Kimley-Horn & Associates, Inc. to be the most qualified firm for this project in Category J Traffic Engineering, Traffic Planning and Street Lighting, in accordance with Government Code 2254. 66 1211212023 Item N. Department: Purchasing Department Account Code: Prepared By: Kirby Krol 100-5231-58510 Consider, and act upon, the approval of the purchase of two (2) chassis from Sam Pack's Five Star Ford for Wylie Fire Rescu in the estimated amount of $148,243.37 through a cooperative purchasing contract with The Local Government Purchasin, Cooberative (BuvBoard) and authorizing the Citv Manager to execute anv and all necessary documents. otion to approve the Item as presented. Wylie Fire Rescue ("WFR") is planning to purchase (2) Ford ambulance chassis to facilitate the building of new ambulances as older models get replaced. Due to industry lead times for products within the supply chain, WFR is purchasing these chassis in advance before the actual ambulance purchase. It is anticipated that this acquisition will drastically reduce the extensive lead times that all fire departments are experiencing with their emergency vehicle acquisitions. Staff recommends the purchase of two (2) chassis from Sam Pack's Five Star Ford for Wylie Fire Rescue in the estimated amount of $148,243.37 through a cooperative purchasing contract with The Local Government Purchasing Cooperative (BuyBoard). 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. ylie Agreement No. 2024-26-I /BuyBoard Contract No. 724-23) 67 1211212023 Item O. Department: Purchasing Account Code: Prepared By: Kirby Krol 100-5241-54650 100-5241-54810 .,onsider, and act upon, the approval of the renewal purchase of Annual Maintenance and Software Upgrade for Public Safety :adios and Network Recording Software from Motorola Solutions, Inc. in the estimated amount of $134,981.3 8 through a ooperative purchasing contract with the Texas Department of Information Resources and authorizing the City Manager to xecute any necessary documents. otion to abbrove the Item as bresented. Motorola provides the physical P25 compliant radios for the Fire, Police, and Public Works departments. This includes portable and in -car radios and necessary supporting infrastructure. The revised agreement includes annual maintenance, support, warranty coverage, and upgrades to the Motorola radios and equipment. The agreement also includes maintenance and support of our NICE recording software. The NICE recording software retains all radio transmissions and phone recordings of the public safety communications systems. To maintain the level of service with the necessary communication infrastructure, the agreement is increasing for FY 23-24 to $134,981.38 from FY 22-23, which was $80,990.45. The service agreement expenses have increased due to the number of in-service radios required by Fire, Police, and Public Works. Additionally, previously deferred warranty costs are now being included in our annual coverage (titled "Astro Essential Service Renewal") and finally, the largest increase is due to the NICE software upgrades. The NICE system requires a complete system software upgrade in FY 24-25 . Motorola has proposed to split between two (2) fiscal years, beginning with FY 23-24. The update is necessary to ensure all NICE users have the most current version of the system necessary to maintain the integrity of the entire recording system. Staff recommends the renewal purchase of Annual Maintenance and Software Upgrade for Public Safety Radios and Network Recording Software from Motorola Solutions, Inc. in the estimated amount of $134,981.3 8 through a cooperative purchasing contract with the Texas Department of Information Resources. 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. (W2022-2-I / DIR-TSO-4101) 68 1211212023 Item 1. Department: Prepared By: Wylie City Council AGENDA REPORT Engineering Account Code: Tim Porter 447-5447-58110 Consider, and act upon, Resolution No. 2023-32(R) determining a public necessity to acquire certain properties for public use by eminent domain for right of way (in fee simple) and temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of a portion of approximately 1.25 miles of E. FM 544 (from north of Alfred Drive to County Line Road) roadway project, located on a portion of a 1.99-acre tract of land conveyed to Braddock Place Estates Homeowners Association, Inc. as recorded under instrument no. 20160329000367090 in the real property records of Collin County, Texas, generally located along the west side of E. FM 544 between Alanis Drive and Vinson Road, Wylie, Collin County, Texas; giving notice of an official determination to acquire certain properties for public use by eminent domain for such right of way (in fee simple), temporary construction easements and related improvements; authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the right of way and easements, offering to acquire the property interests, voluntarily, from the landowner through the making of bona fide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date. If the City Council desires to approve this item, the form of the motion is required by statute to be made as follows: "I move that the City Council of the City of Wylie, Texas authorize the use of the power of eminent domain to acquire property, in fee simple, located in the area described and depicted in Exhibit A to the Resolution under consideration by the City Council, for the purpose of the right of way and temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of a portion of approximately 1.25 miles of E. FM 544 (from north of Alfred Drive to County Line Road) roadway project and all appurtenances related thereto." 'he E. FM 544 Roadway Project spans from north of Alfred Drive to County Line Road. The project includes roadway, traffic, tility, drainage, and pedestrian mobility improvements, as well as incorporates a new traffic signal at the intersection of E. M 544 and Alanis Drive and a roundabout at the intersection of E. FM 544 and County Line Road. City Council awarded onstruction of this roadway project to Tiseo Paving Company on September 12, 2023. :fight -of -way (ROW) acquisition is currently being finalized. To facilitate construction, ROW and easements are needed from he Braddock Place Estates Homeowners Association (HOA). The HOA Bylaws do not address the selling or transfer of iroperty by only board members and the Board does not believe it is possible to reach timely a quorum with their stakeholders, o therefore, following discussions with the HOA Board and the City Attorney, it was determined by staff and the HOA Board hat proceeding with eminent domain would be the best path forward on this matter. Staff recommends approval of the attached Resolution to acquire certain properties for public use by eminent domain for such right of way, temporary construction easements, and related improvements. 1211212023 Item 1. RESOLUTION NO.2023-32(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR RIGHT OF WAY (IN FEE SIMPLE) AND TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF A PORTION OF APPROXIMATELY 1.25 MILES OF E. FM 544 (FROM NORTH OF ALFRED DRIVE TO COUNTY LINE ROAD) ROADWAY PROJECT, LOCATED ON A PORTION OF A 1.99-ACRE TRACT OF LAND CONVEYED TO BRADDOCK PLACE ESTATES HOMEOWNERS ASSOCIATION, INC. AS RECORDED UNDER INSTRUMENT NO. 20160329000367090 IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, GENERALLY LOCATED ALONG THE WEST SIDE OF E. FM 544 BETWEEN ALANIS DRIVE AND VINSON ROAD, WYLIE, COLLIN COUNTY, TEXAS; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN FOR SUCH RIGHT OF WAY (IN FEE SIMPLE), TEMPORARY CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO ESTABLISH PROCEDURES FOR ACQUIRING THE RIGHT OF WAY AND EASEMENTS, OFFERING TO ACQUIRE THE PROPERTY INTERESTS, VOLUNTARILY, FROM THE LANDOWNER THROUGH THE MAKING OF BONA FIDE OFFERS; APPROPRIATING FUNDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds that there is a public necessity for the acquisition, by eminent domain, of right of way (in fee simple), temporary construction easements, and related improvements (collectively, "Right of Way and Easements"), on that certain property described and depicted in Exhibit A, attached hereto and incorporated herein for all purposes, identifying the general area to be covered by the Project (hereinafter defined) and/or the general route that will be used by Wylie for the Project ("Property"); and WHEREAS, it is the intent of the City of Wylie, Texas ("W ") to acquire the necessary Right of Way and Easements on the Property for the purpose of, among other things, the construction, access, repair, maintenance and replacement of roadway facilities, utilizing temporary construction easements, and related improvements, which are necessary for the E. FM 544 Project (from north of Alfred Drive to County Line Road) ("Project"); and WHEREAS, the City Council finds that the description of the Property, attached hereto as Exhibit A. to be acquired by eminent domain for the Project complies with Chapter 2206 of the Texas Government Code, as amended ("Chapter 2206"), in that the same provides property owner(s) in and around the area or along the route reasonable notice that the owners' properties may be subject to condemnation proceedings during the planning or construction of the Project; and WHEREAS, the City Council further finds that the Project is necessary for public use; and WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the Right of Way and Easements to be acquired by eminent domain for the Project; and Resolution No. 2023 -32(R) Eminent Domain — Roadway Project Page 1 of 15 1211212023 Item 1. WHEREAS, there may be improvements located on some of the Property acquired for this Project and such improvements may be required to be moved prior to the beginning of this Project; and WHEREAS, the City Manager, or his designee ("City Manager"), is required to make a bona fide offer, as defined by and in compliance with Section 21.0113 of the Texas Property Code ("Bona Fide Offer"), to acquire the Right of Way and Easements on the Property for public use, voluntarily, from the subject landowner(s) prior to moving forward with acquisition by eminent domain; and WHEREAS, the City Council has investigated and determined that the passage of this Resolution complies with Chapter 2206 and other applicable laws. 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: Acquisition of Property. The City Council hereby determines that there is a public necessity for and the public welfare and convenience will be served by the acquisition, by eminent domain, of the Right of Way and Easements on the Property, and it is Wylie's intent to acquire the Right of Way and Easements for public use as described and depicted in Exhibit A, attached hereto, specifically for the purpose of, among other things, the construction, access, repair, maintenance and replacement of roadway facilities, and related improvements, necessary for the Project. SECTION 3: Authority of City Manager/Bona Fide Offer. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinion(s) needed by Wylie from time to time in connection with the acquisition of the Right of Way and Easements on the Property for the purpose of, among other things, the construction, access, repair, maintenance and replacement of roadway facilities, and related improvements, necessary for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinion(s) needed for the acquisition of the Right of Way and Easements on the Property. To this end, the City Manager shall first make a Bona Fide Offer to acquire the Right of Way and Easements on the Property from the subject landowner(s), voluntarily. Should the landowner fail to provide the Easement, voluntarily, through said Bona Fide Offer, the City Manager is authorized to move forward with acquiring the Right of Way and Easements on the Property by eminent domain. SECTION 4: Determination of Just Compensation. The City Manager is hereby authorized and directed to examine and rely on the independent appraisal reports, and other information, to make a determination as to the establishment and approval of a fair market value offer and the just compensation for the Right of Way and Easements on the Property for the purpose of making the Bona Fide Offer. After such consideration, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of said Right of Way and Easements and shall have the authority to execute any and all documents necessary to complete the acquisition of same. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Right of Way and Easements on the Property, the City Manager is authorized to send a written Bona Fide Offer to the landowner(s) of said Property for the acquisition of said Right of Way and Easements at the full amount determined and established to be just compensation therefore, and to negotiate with said landowner on behalf of Wylie to acquire the Right of Way and Easements voluntarily. Resolution No. 2023 -32(R) Eminent Domain — Roadway Project Page 2 of 15 1211212023 Item 1. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized to execute all documents necessary to acquire the Right of Way and Easements on the Property needed for the Project, on behalf of Wylie, whether by purchase or eminent domain. The City Council hereby ratifies any documents executed, prior to the effective date of this Resolution, by the City Manager which were necessary for the acquisition of the Right of Way and Easements on the Property for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the Right of Way and Easements acquired in connection with this Project, should they interfere with the intended use and enjoyment of said Right of Way and Easements. SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to acquire the Right of Way and Easements, voluntarily, from the landowner(s), through the making of the Bona Fide Offer, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd & Hullett, P.C., to commence eminent domain proceedings for the acquisition of the Right of Way and Easements on the Property for the Project. SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the Right of Way and Easements on the Property for the Project will be appropriated from any lawful source. SECTION 10: Savings/Repealing. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting resolutions shall remain in full force and effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, 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 12: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12' day of December, 2023. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No. 2023 -32(R) Eminent Domain — Roadway Project Page 3 of 15 72 1211212023 Item 1. Exhibit A Parcel 9RO'W Right -of -Way Acquisition Allen Atterbury Survey, Abstract No. 23 City of Wylie, Collin County, Texas BEING a 401 square foot (0.009�2 acres) tract of land situated in the Allen, Atterbury Survey, Abstract No. 23, in Collin County, Texas,, and being part of Lot 13, Block B, Alanis Crossing Phase 1, as, recorded in Vol. 2014, Page 459, Plat Records of Collin County, Texas (P.R.C.C.T.) and a pail of a 'tract of ],and described in deed to Braddock Place Estates Homeowners Association, Inc., as recorded in Instrument Number 20160216000,173520, Official Public Records of Collin County, Texas (O.P.R..C.C.T.),, and being more, particularly described as follows: BEGINNING at the northernmost southeast, corner of said Lot 131), being in the existing west right-of-way line of F.M. 544 (variable width right-of-way) and the northeast corner of atract to Tommy Pulliam and wife, Toni Pulliam, as recorded in Vol. 4590, Page 1. 895, Deed Records of Collin County, Texas (D.R.C.C.T.).- 1. THENCE, North 89 degrees 33 minutes 00 seconds West, with the south line of said Lot 13 and the north line of said Pulliam tract, a distance of 20.06 feet to a 1/2-inch iron rod with red cap stamped "I'M SIJR,VEYING" set.; 2. THENCE North 04 degrees 06 minutes 03 seconds West, departing the south line of said Lot, 13 and the north line of said, Pulliam tract and, across said Lot 13, a distance of 20.06 feet to a 1/2-inch iron rod with red cap stamped "PJB SURVEYING" set in the north line of said Lot 13, being the existing south right-of-way line of Alanis Drive (100 foot right- of-way), from which a 1/2-inch iron rod with cap stamped TXHS found (controlling monument) bears North 89 degrees 33 minutes 17 seconds West, a distance of 626.44 feet; 3. THENCE South 89 degrees 33 minutes 17 seconds East, with the north line of said Lot 13 and the existing right-of-way line of said Alanis Drive, a distance 420.06 feet to the: northwest corner of said Lot 13, being in, the existing west right-of-way line of said F.M. 544; 4. THENCE South 04degrees 06 minutes 03 seconds East, withthe east line of said Lot 13 and the existing right-of-way line of said F.M. 544, a distance of 20.06 feet to the POINT OF BEGINNING and containing 401 square feet (0.0092 acres) of land. Page I of 3 Resolution No. 2023-32(R) Eminent Domain — Roadway Project Page 4 of 15 73 1211212023 Item 1. Parcel 91ROW Right -of -Way Acquisition Allen Atterbury Survey, Abstract No. 23 City of Wylie, Collin County, Texas A plat accompanies this legal. description. Bearings and coordinates used hereon are derived from the State Plane Coordinate System, Texas, North Central Zone 4202, American Datum 1983 (NAD83),adjustment realizations -201 1. Date: By: Patrick J. BaOas ro Registered Prof'essional and Surveyor Texas No. 5504 PJB Surveying, L,LC TBPELS Fines No. 10194303 MMMM Resolution No. 2023-32(R) Eminent Domain — Roadway Project Page 5 of 15 74 1211212023 Item 1. 0 Ca Cn C,J 06 Of 0 C%q ILL- E < 11 11 CL c� Cr LQ CID Lki, to s LAD cl� M C/3 Uj CQ LL- LLI 11ttYc7,,9 AL411,10C,69N M AO MINIM,] N#q— ------- 990YO-01/199V HAAM7 S/NV7V AVM 40 AOILBIX3 ...... 4M JO MIHISIXI c —3 92� ffE 0 IOU U 0 ID CO go, , E tp lb C) 5i Q1 t5� 1- �j LL- it� t C/)MJ Resolution No. 2023-32(R) Eminent Domain — Roadway Project Page 6 of 15 75 1211212023 Item 1. Parcel 11.E TCE Temporary Construction Easement D.K. Williams Survey, Abstract No. 980 City ofWylie, Collin County, Texas BEING a 1,1605 square, foot (0.0368 acres) tract of land situated in the D.K. Williams Survey, Abstract No. 980 , in Collin. County, Texas, and being part of Lot 8, Block A, Braddock Place Phase 111, as recorded in Vol. 201.41, Page 396, Plat Records of Collin County, Texas (P.R.C.C.1'.) and, being part of a tract of land described in deed to, Braddock Place Estates Homeowners Association, Inc., as recorded in Instrument Number 2016032900,0367090, of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.),, and being more particularly described as follows: BEGINNING, at the southeast corner, of said Lot 8,, being an intersection of the existing west right-of-way line of F.M. 544 (variable width right-of-way) and the existing north right-of-way line of Sun Meadow Drive (50 foot right -of way); 1. THENCE North ,89 degrees 32 minutes 48 seconds West, with the south line of said Lot 8 and the existing north right-of-way line, of said Sun Meadow Drive, a distance of 1.0.03 feet, from which a 1/2-inch iron rod with cap stamped "Corwin Engineering"' found (controlling monument) bears North 89 degrees, 32 minutes 48 seconds West, a distance of 24.98 feet; 2. THENCE North, 04 degrees 06 minutes 03, seconds East, departing, the south line of said Lot 8 and the existing north right-of-way line of said Sun Meadow Drive, a distance of 160.51 feet to the north, line of said Lot 8 and the south line of a tract of land described to Tommy Pulliam, and wife, Toni, Pulliam, as recorded in Volume 4590, Page 1895, Deed Records of Collin County, Texas (D.R.C.C.T.); 3. THENCE South 8,9 degrees 32 minutes 48 seconds East, with the north line of said Lot 8 and the south line of said Pulliam tract, a distance of 10.03 feet to, the northeast corner of said Lot 8., the southeast corner of said Pulliam 'tract and being in the existing west right- of-way line of said F.M. 5,44; 4. THENCE South 04 degrees 06 minutes 03 seconds West, along the cast line of said, Lot 8 and the existing, west right -of -line of said F.M. 544, a distance of 160�.5 t feet to the POINT OF BEGINNINC and containing 1,605 square feet (0.03,69 acres) of land. zz� Resolution No. 2023-32(R) Eminent Domain — Roadway Project Page 7 of 15 76 1211212023 Item 1. Parcel 1 1 A TCE Temporary Construct -Ion Easement D.K. Williams Survey, Abstract No. 980 City of Wylie, Collin County, Texas A plat accompanies this legal description. Bearings and coordinates used hereon are derived from, the State Plana Coordinate System, Texas, North Central Zone 4202, American, Datum 1983 (NAD83), adjustment realization 2011. o By: Date: Patrick J. Baldasa 0 Registered Professional Land Surveyor Texas No. 5504 PJB Surveying, LLC TBPELS Firm, No. 101 303 wm� Resolution No. 2023-32(R) Eminent Domain — Roadway Project Page 8 of 15 77 1211212023 Item 1. C> Cn 01 M L.61 F- LL- Cn C-3 C> Cn C), I ED LLI LLJ to LLI C-S Ui 0 Ui cv-> 0 Izt E ----- ------------------ <C� C:L E FT AVM 3O M18 ISIX3 ffAIMUMOOMAWAYIS A�W 0 �4 3NII A3AKS �O NOUVO011OWN CD) LJj Cp 0- F-- U CL CD Cd (D CD, F- Resolution No. 2023-32(R) Eminent Domain — Roadway Project Page 9 of 15 1211212023 Item 1. Parcel. I IB TCE Temporary Construction Ease ent D.K. Williams Survey, Abstract No. 980 City of'Wylle, Collin County, Texas BEING a 41,418 square foot (0.1014 acres) tract of land situated in the D.K. Williams Survey, Abstract, No. 980, in Collin County, Texas, and being part of Lot 5, Block B, Braddock Place Phase IIL as recorded in Vol. 2014, Page 396., Plat Records of Collin County, Texas (P.R.C.C.T.) and being part of a tract of land described in deed to Braddock Place Estates Homeowners Association, Inc., as recorded in Instrument Number 20160329000367090, of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with cap (controlling monument) at the southeast corner of said Lot 51, being in the existing west right-of-way line of F.M. 544 (variable width right-of-way), and the northeast corner of Wally W. Watkins Elementary School, as recorded in Volume '2010, Page 247, P.R.C.c.T.; 1. THENCE North 89 degrees 04 minutes 07 seconds West, with the south line of said, Lot 5 and the north, line of said Wally W. Watkins Elementary School, a distance of 10-00 feet; 2. THENCE North 00 degrees 53 minutes 57 seconds East, departing the south line of said Lot 5 and the north, ',line of said Wally W. Watkins Elementary School and across said Lot ,5, a distance of 194.24 feet to the point of curvature of a curve to the left, having, a radius of 2,,809.78', feet and a central angle of 05 degrees 02 minutes 51 seconds; 3. THENCE with said curve to the left, an arc distance of 247.53 feet (Chord Bearing 'North 01 degrees 37 minutes, 29 seconds West — 2,47.45 feet), to the north line of said Lot 5 and in the existing south right-of-way line of Sun Meadow Drive (50, foot rig lit -of - way), from which a 1/2-incb. iron rod with cap found (controlling monument) bears North 89 degrees 32 minutes 48 seconds West, a distance of 132.68 feet; 4. THENCE South 89 degrees 32 minutes 48 seconds East, with the north line of said Lot 5 and the existing south right-of-way line of said Sun Meadow Drive, a distance of 10.03 feet to the north corner of said Lot 5!, being in the existing west right-of-way line of said F.M. 544, being on a curve to the right, having a radius of 2,819.7feet and a central angle of 05 degrees 01 minutes 52 seconds-, 5. THENCE with the east line of said Lot 5, the existing west right -of -line of said F.M. 544 and said curve to the right, an arc distance of 247.,60 feet (Chord Bearing South 01 degrees, 36 minutes 59 seconds East — 247.,52 feet) to the point of tangency,; Page I of 3 Resolution No. 2023-32(R) Eminent Domain — Roadway Project 15 Page 10 of 79 1211212023 Item 1. P,areel. 1, 113 TCE Temporary Construction Easement D.K. Williams Survey,.Abstract No. 980 City of Wylie, Collin County, Texas 6. THENCE South 00 degrees 53 minutes 57 seconds West, continuing, with the east line of said Lot 5 and the existing west right -of -line of said F.M. 544, a distance of 194.25 feet to, the P OINT OF BEG I NNING and containing 4,418 square -feet (0.1014 acres) of land. A. plat accompanies this legal description. Bearings and coordinates used hereon are derived from the State Plane Coordinat c- System,, Texas!., North Central Zone 4202, American Datum 1983 (NAD83), adjustment realization 2011. Date: 6,f D By: Patrick J. Baldas ro Ls F Registered Prott�essional Land Surveyor Texas No. 5504 PJB Surveying, LLC TBPELS Firm No. 10 194,303 OF ...... .... PATM ..,. J. BAL . D,A . SZ ..................... 5504 S U R Resolution No. 2023-32(R) Eminent Domain — Roadway Project 15 Page 11 of 80 1211212023 Item 1. 100HOS AHVA3431d LU CO N T-91 WO — IMF �a �� a ram— LU CZ Or) UJ ea_ M� .n to CL CL CJ ,. p A a,. car 8 C5 if CX CO CD GJ_ r ! -- CO -�CD rg UDI ! rn ut LA-500 � .. r, -14 '' ISSLL- C) FQ zS LL- 44 AVM 10II��V I I ' F , , (zi Resolution No. 2023 -32(R) Eminent Domain — Roadway Project 15 Page 12 of 81 1211212023 Item 1. Parcel 16ROW R.Ight-of-Way Acquisition Elisha M. Price Survey, Abstract No. 725 and Efis,ha M. Price Survey, Abstract No. 11.14 City of Wylie, Collin County, Texas BEING a 904 square foot (01.0208 acres) tract of land situated in, the, Elisha M, Price Survey, Abstract, No. 725., in Collin County, Texas and the Elisha M. Price Survey, Abstract No. 1114, in Dallas County, Texas and being part of Lot 16, Block 1, Braddock Place, Phase V, as recorded Volume 20171, Page 618, Map Records of Collin County, Texas (M.R.C.C.T.) and described in deed to Braddock Place Homeowners Association, Inc. as recorded in, Instrument Number 20170831001174830, of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described, as follows: BEGINNING at a 1/2-inch iron rod with red cap stamped "PJB SURVEYING"' set in the new west right-of-way line, of F.M. 544, being in the southeasterly line of said. Lot 16 and in the existing northerly right-of-way line of Vinson Road (variable width right-of-way), from which a ,found,, 1/2-inch iron rod with cap stamped "Vortex RPLS 4813" 'bears North 48 degrees 49 minutes 04 seconds East, a, distance of 2235 feet; 1. THENCE North 25 degrees 57 minutes 21, seconds East, with the new west right-of-way line of F.M. 544, a distance of 89.08 feet to a 1/2-inch iron rod with red cap stamped ",PJB SURVEYING" set in the east line of said Lot 16 and the west right-of=way of F.M. 544 (variable width right-of-way)1- 2. THENCE South 00 degrees 25 minutes, 54, seconds East, departing the new west right, - of -way of F.M. 544 and with the east line of said Lot 1.6 and the west right-of-way line of said F.M. 544, a distance of 45.68 feet to, a 1/2-inch iron rod with red cap stamped, "PJB SURVEYING" set at the southeast corner of said Lot 16, being in the northerly right-of- way line of said, Vinson Road, from which a found 1/2-inch iron rod with cap staniped "Vortex RPLS 4813"" bears North 52 degrees 10 minutes 09 seconds East, a distance of 88.47 feet-, 3. THENCE South 48 degrees 49 minutes 04 seconds West, with the south line of said Lot 16 and the north right-of-way line of said Vinson Road, a distance o,,f52.,26 feet to, the POINT OF BEGINNING and containing 904 square feet (0.0208 acres) of land. zz� Resolution No. 2023-32(R) Eminent Domain — Roadway Project 15 Page 13 of 82 1211212023 Item 1. Parcel 16ROW Right -of -Way Acquisition Elisha M. Price Survey, Abstract No. 725 and Elisha M. Price Survey, Abstract City of Wylie, Collin County, Texas A. plat accompanies this legal description.. Bearings and coordinates used hereon are derived from the State Plane Coordinate System, Texas, North Central Zone 4202, American Datum, 1983 (NAD8,3), adjustment realization 2011 OF . ....... PATRICK ... J. B . AL DA . S . ZO ............................. 550' 40 By: Date: Patrick J. Baldasaro Registered Pro fess,i)nal Land Surveyor Texas No. 5 504 PJB Surveying, L.LC TBPELS Firm No. 10 194303 Resolution No. 2023-32(R) Eminent Domain — Roadway Project 15 Page 14 of 83 1211212023 Item 1. to M LJJ �+, w G�rg± a �.. z 0 w LOLU �4 ! w a ^�ri a ■ S"r'ID 4*'S .` IU 49 g r U) Z -J U .4 U) a, LLI .� �O UVOO1 " OWN 1 � 3N�Nl AJ.NVN�O �"I11a"�l AOMd�NI'1C��'4�bdddi+ All �,d�� Ny'1O.�-_....�._ . 3NNI �INVWO N11100 JO NOUVO01 10MV 0 CS cm, 99 LLJ UJ - �C3 — r ®Ld� camLU U) - LLJ En � `*<5LLI - �— :CNI fir;, CL a" fl- Cn Al • ., .L Irv. V l AL E�y "�. 0 " �w CO (D Q-CD Cn _ CL � C3 CO L� L— [J,} ds rn tn UJ C31 rJ pz ZS rdCc>�C7( � CD �, ifn C� — — — —_ lb I CO Ng?UJ� w - a 144Z o u �= a p IOL Q1`] Resolution No. 2023 -32(R) Eminent Domain — Roadway Project 15 Page 15 of 84 1211212023 Item 2. Department: Purchasing Account Code: Prepared By: Christopher Rodriguez 112-5614-58150 � onsider, and act upon, the award of contract W2024-16-I, Pirates Cove Playground Equipment and Poured-In-Placc Surfacing to WEBUILDFUN, in the estimated amount of $678,482.00 through a cooperative purchasing contract with BuyBoard and authorizing the City Manager to execute any necessary documents. otion to approve the Item as presented. he Parks and Recreation Department is seeking approval from the City Council to award a contract to WEBUILDFUN to place playground equipment and add poured -in -place surfacing to Pirates Cove Playground in Founders Park. 'his project will include several different play areas, including a pirate ship-themed elevated play structure for ages 5-12 years Id, a smaller pirate ship-themed elevated play structure for ages 2-5 years old, ground -level ocean adventure play structures, sensory tunnel, roller slide, inclusive swing seat, an inclusive whirl, and poured -in -place surfacing. Staff recommends the award of contract #W2024-16-I, Pirates Cove Playground Equipment and Poured -In -Place Surfacing for $678,482.00 as providing the best value to the City. The City is authorized to purchase from a cooperative purchasing grogram with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government ode 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. ylie Agreement #W2024-16-I / BuyBoard Contract #679-22 85 19 00 Or lo ��f"'�; �\ � %/ /����% r/ l� ( f �� »a Hn rrawwt/ii �� t m a f / � LU 1� A Af, I. rl p/g ul yI J�, P-6, PH i,4 . ... . . .... 371 'ov rc low, FN Ni ti co N N (D ` V M o Q0 0 0 0 ISO V O Q Q Q Q Q W ` rn a) � u • • N � � � °C iA V)j � 0 N L a � N � UUIUIUIUIII �Ul� o � r U Q V O QM '' +_+ r U Q V O QNT '' lD U �t Q>11 a 0- � ��fl to I N � U c E l6 U U 20 E m U .� ,,m., A, W��,^ > = Lp > l6 > > N � � > m nff11(((l% Qw w w V U Q w w w V V G) V M st O 11 ���o II iuoiu� 00 00 d� 00 N N N 61 u 3 F [[ F,Xsfififi� U)NO •, _ A/a Ln Milli QO CD 0 d� I" C�j N -�, N O N N 1 µryarva t NNY Iowe, Y � i iqir o 0 qe v' 0 ✓ r %/� � n II Q10P Vr 1Q ro M r, e vl lam/ W r w �� WIa Vb u fro / ��/% f � l y i �rio fij If I Off, f ky rr J' f" �Alf "51, ill r F I ON Rly %bG rij/ / ii jr,1 s" m' p i/ j win yu i I v � ! r� f ✓ a p u ,, � 4 If flu"d a J 1 U p r w a rw�ln✓u" PRO, f r I uuuu Yy I uu 14 r . 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O ,�, O p >' O 4-1 a. - cnP.- VcocoVO�E11 LO O �Q) O�,Q Q) Q)- � Q� i '> O U C: O O 0) V O OU O i Ul 4-1 Q) Q Q� .(J) o C C: Q) N p O U C 4-1 �U�� �4 Q) p ~ 4-1+-► cn LO UO O � Q 1211212023 Item 3. Department: Prepared By: City Secretary Stephanie Storm Wylie City Council AGENDA REPORT Account Code: onsider, and act upon, the acceptance of the resignation of Jacques Loraine III, and the appointment of a new board memb the City of Wylie Planning and Zoning Commission to fill term of December 12, 2023 to June 30, 2025. Motion to accept the resignation of Jacques Loraine III and to appoint Zeb Black to the City of Wylie Planning and Zoning Commission to fill the term of December 12, 2023 to June 30, 2025. When the 2023 Board and Commission interviews were held, Council approved a designated replacement for the Planning and Zoning Board should a vacancy occur during the year. Staff reached out the replacement to see if they would still be interested in serving on the board. Replacement applicant, Mr. Zeb Black replied back and is interested and willing to serve. 106 1211212023 Item 3. 1 First Name* Last Name* Zeb Black Occupation Technology Manager Work experience that may be beneficial to the Iboard you are applying for. II he been a software engineer for over -twenty years. I have worked in formal leadership in a business and technical: capacity for over 5 years leading small: and large -teams. I have a business administration degree. I have also worked in the service industry and construction fields. Address in ETJ?* Wylie Resident* Yes No Yes No Length of Wylie residency Years Months 5 3 Registered Voter* Currently Serving* Yes No Yes No Boards and Commission Preferences ............... '­­­,'­­ ............... ............... Board Preference 1: * Animal Shelter Advisory Board Board 1 Qualification * Resident of the City of Wylie Board Preference 2: Wylie Economic Development Corporation Board 2 Qualification * serve, or have served, in a professiorgel capacity Board Preference 3: Planning & Zoning Commission Why you would like to serve as a Boards and Commission member: * II ld like to serve on these boards in order to support the great community I have lived in for over 5 years. I Relieve my professional experience would be pinto great else as a member of these boards. �Mi 1211212023 Item WS 1. Department: Animal Services Account Code: Prepared By: Shelia Patton iscuss the Renovation of the Animal Services Facility. Presentation and Discussion. Lt. Cotton will provide the City Council with information on the current facility needs and related costs of completing renovations to address those needs. 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