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05-14-2019 (City Council) Agenda Packet
NOTICE OF PUBLIC crry OF EVENT Tuesday, May 14, 2019 5:30 p.m. Wylie Municipal Complex 300 Country Club Road, Building #100 Wylie, Texas 75098 EXPLANATION A RECEPTION FOR OUTGOING COUNCIL MEMBER, KEITH STEPHENS, AND NEWLY ELECTED COUNCIL MEMBERS, DAVID R. DUKE AND JEFFREY FORRESTER WILL TAKE PLACE PRIOR TO THE SPECIAL CALLED MEETING AND ELECTION CANVASS. A QUORUM OF THE CITY COUNCIL MAY OR MAY NOT BE PRESENT, NO ACTION WILL BE TAKEN DURING THIS RECEPTION. Wylie City Council NOTICE OF MEETING Regular Meeting Agenda May 14, 2019 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Matthew Porter Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE CANVASS OF ELECTION • Consider,and act upon,Ordinance No.2019-12 of the City Council of the City of Wylie,Texas, Canvassing the returns of the May 4, 2019 General Election; Declaring the Election Results for City Council Place 1 and Place 3; Providing A Savings/Repealing Clause, Severability Clause and an Effective Date. (S. Storm, City Secretary) May 14,2019 Wylie City Council Regular Meeting Agenda Page 2 of 5 Executive Summary The unofficial results of the City of Wylie May 4, 2019 General Election, have been presented for review to the Wylie City Council. Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. • Presentation of appreciation plaque to outgoing Councilmember Keith Stephens. ISSUANCE OF CERTIFICATE TO ELECTED COUNCIL MEMBERS DAVID R. DUKE AND JEFFREY FORRESTER • Presented by Mayor Hogue ADMINISTRATION OF OATH OF OFFICE • Oath—Councilmembers Elect, David R. Duke and Jeffrey Forrester. Presented by Municipal Court Judge Art Maldonado APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, the appointment of Mayor Pro Tem for a one year term beginning May 2019 and ending May 2020. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of April 23, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,the acceptance of the resignation of Kevin Lanier and appointment of Robert Blair as a new board member to the City of Wylie Zoning Board of Adjustments to fill the term of April 2019 to June 30, 2020. (S. Storm, City Secretary) C. Consider, and act upon, Resolution No. 2019-14(R), ratifying Brent Parker as Acting City Manager in the absence of Chris Hoisted, City Manager. (C. Hoisted, City Manager) D. Consider, and act upon, Resolution No. 2019-15(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager to execute an updated Interlocal Agreement between the City of Wylie and the City of Plano for the continued use of the Joint Communications System maintained and operated by the City of Plano. (B. Blythe, Fire Chief) May 14,2019 Wylie City Council Regular Meeting Agenda Page 3 of 5 REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a Replat for Railroad Addition Block 13 Lot 1R; Being a Replat of Lots 1B, 2B, 3B, 4, and 5, Block 23, establishing one lot on 1.479 acres, located on the northeast corner of Oak Street and 5th Street. (J. Haskins, Planning Manager) Executive Summary The purpose of the Replat is to combine five lots to establish one lot on 1.479 acres for the purposes of a multi- family development. The property is zoned Multifamily (MF) and a site plan for a two building, 22-unit development was approved by the P&Z Commission in April 2019. The lot meets the one acre minimum for a multi-family development. 2. Hold a Public Hearing and consider, and act upon, a change of zoning from Single-Family 10/24 (Sf-10/24) to Commercial Corridor (CC), for commercial purposes on one acre, located at 110 College and 406 S.Jackson. ZC 2019-03 (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to rezone two lots of approximately 0.38 acres and 0.19 acres located at 406 South Jackson Street and 110 College Street,respectively. 3. Hold a Public Hearing and consider, and act upon, a change of zoning from Agricultural-30 (AG-30) to Planned Development-Single Family (PD-SF), to allow for single-family development, not to exceed 57 residential lots on 16.52 acres, located at 2605 E. Stone Road. ZC 2019-05 (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to rezone a 16.52-acre property located on East Stone Road from AG/30 to a planned development to allow for a single-family development of no more than 57 residential lots and 5 open space lots. The property currently contains a single-family home and was annexed into the City in 2014. The property is generally bordered by low-density properties outside city limits to the east and west. A utility property to the north also outside city limits. And a planned development residential property to the south, located within city limits. 4. Consider, and act upon, Ordinance No. 2019-13 amending Ordinance No. 2018-24, which established the budget for fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Beard, Finance Director) Executive Summary Police unit#389 is considered a total loss due to the extent of the damage sustained in a hail storm in McKinney on 03/24/2019. The City will receive $19,412.50 from the insurance company to replace the vehicle. The cost of a new vehicle is$29,053 plus$2,500 to have the lights and equipment switched over from the current vehicle and $2,500 for a locking bed cover. The budget amendment is to recognize the insurance money as revenue and add funds to the Police budget to cover the cost of the replacement. The net increase to the budget is$14,640.50. On April 17, 2019, a Parks Maintenance Worker was involved in a head on accident with another vehicle on McMillan Road. The other driver caused the accident and the Parks Division vehicle, Unit#106, sustained damage. TML, Wylie's insurance carrier, has settled the claim with the City for the damages to Unit#106. The funds received for the damages $13,751.52 will be placed in the General Fund Revenue account. To utilize the funds from TML to pay for the repairs to the Unit 106, a budget amendment is required for those funds to be placed back in to an operating expense account. This will be budget neutral. May 14,2019 Wylie City Council Regular Meeting Agenda Page 4 of 5 5. Consider, and act upon, the appointment of a 2019 Board and Commissions City Council Interview Panel to conduct the May 2019 board applicant interviews. (S. Storm, City Secretary) Executive Summary Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until the later part of May of each calendar year. Additionally, in May of each year, the applications are compiled into appointment timeframes to allow the three Council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve on the various Boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. *Interview meeting dates are scheduled for Wednesday,May 29 and Thursday,May 30 from 5:30 p.m. -9:00 p.m.each night.An alternate date of Friday,May 31 can be used in the event panel members are unable to attend one of the above dates. 6. Consider, and act upon,the appointment of two-committee members to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (S. Storm, City Secretary) Executive Summary In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. EXECUTIVE SESSION 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 attomey as authorized by the Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073 Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Social Media Use and Policy. May 14,2019 Wylie City Council Regular Meeting Agenda Page 5 of 5 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). • Discuss the offer of incentives for property generally located along SH 78 south of Alanis Drive. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. WORK SESSION • Discussion on Social Media Use and Policy. (C. Hoisted, City Manager) RECONVENE INTO REGULAR SESSION READING OF ORDINANCE 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 May 10, 2019 at 5:00p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed Wylie CityCouncil Y AGENDA REPORT Meeting Date: May 14, 2019 Item Number: Canvass Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: April 23, 2019 Exhibits: Results Subject Consider, and act upon, Ordinance No. 2019-12 of the City Council of the City of Wylie, Texas, canvassing the returns of the May 4, 2019 General Election; declaring the election results for City Council Place 1 and Place 3; and providing a savings/repealing clause, severability clause and an effective date. Recommendation A motion to approve Ordinance No. 2019-12 of the City Council of the City of Wylie, Texas, canvassing the returns of the May 4, 2019 General Election; declaring the election results for City Council Place 1 and Place 3; and providing a savings/repealing clause, severability clause and an effective date. Discussion The unofficial results of the City of Wylie May 4, 2019 General Election, have been presented for review to the Wylie City Council. Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. Page 1 of I ORDINANCE NO. 2019-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CANVASSING THE RETURNS OF THE MAY 4, 2019 GENERAL ELECTION; DECLARING THE ELECTION RESULTS FOR CITY COUNCIL PLACE 1 AND PLACE 3; AND PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Wylie,Texas("City Council")duly authorized an election to be held within the City of Wylie,Texas("City")on May 4,2019("Election")for the purpose of electing two members of the City Council, Place 1 and Place 3, for a term of three years each; and WHEREAS, the Collin County Elections Administrator administered the Election for Collin County voters, and the City administered the Election for Rockwall County and Dallas County voters; and WHEREAS, the Collin County Elections Administrator and the City Election Administrator have made the return of the Election results and delivered them to the City Council in the time and manner required by law; and WHEREAS, Election returns lawfully submitted to the City Council and filed with the City Secretary are set forth in Exhibit A and incorporated herein for all purposes; and WHEREAS,the City Council finds that the Election was duly called;that notice of the Election was given in accordance with the law and City Charter; that the Election was held in accordance with the law and City Charter; that the Election returns were duly and legally made and delivered; and that there were cast at the Election valid and legal votes; and WHEREAS, the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that the public notice of the time, place and purpose of the meeting was given as required by Chapter 551 of the Texas Government Code, as amended; and WHEREAS,the City Council,having canvassed the combined early voting and Election Day accumulated totals, finds that the votes cast result in the following: CITY COUNCIL, PLACE 1 David R. Duke received 659 or 51.44% of the votes cast. Keith Stephens received 622 or 48.56% of the votes cast. Ordinance No.2019-12,Canvass of the May 4,2019 General Election Page 1 of 3 1850832 CITY COUNCIL, PLACE 3 Jeffrey Forrester received 877 or 100% of the votes cast. 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 Ordinance as if fully set forth herein. SECTION 2: Election Results. The Election returns as set forth herein are declared to be official. Accordingly, David R. Duke is hereby declared elected to City Council Place 1 and Jeffrey Forrester is hereby declared elected to City Council Place 3. SECTION 3: Approval of Elections Results. The City Council hereby finds and determines,as a result of the canvass held on May 14, 2019, that a combined Election Day and early voting total of 1,373 votes were cast in the Election, with 872 early votes cast, as indicated by the poll list for the Election held on May 4,2019. It is hereby declared that the City approves and accepts the results of the Election for City Council Place 1 and Place 3 as set forth in the returns attached hereto as Exhibit A,as determined by the majority vote of the qualified voters of the City. SECTION 4: Severability. Should any section, subsection, sentence, clause,or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase thereof regardless of whether any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional and/or invalid. SECTION 5: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance and shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE WYLIE CITY COUNCIL on this 14 day of May 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.201.9-12,Canvass of the May 4,2019 General Election Page 2 of 3 1850832 Exhibit A Certified Election Returns [7 pages attached hereto] Ordinance No.2019-12,Canvass of the May 4,2019 General Election Page 3 of 3 1850832 STATE OF TEXAS • CANVASS OF THE CITY OF WYLIE ELECTION COUNTY OF COLLIN MAY 4, 2019 I, Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I, therefore, make the following report of my findings from the May 4, 2019, City of Wylie Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 10th day of May 2019. Bruce Sherbet Elections Administrator Collin County City ofWylie ' Elections Administrator Rockwall and Dallas County Voters |, Stephanie Storm, the undersigned Elections Administrator of the City of Wylie for voters in Rockwall and Dallas County do hereby certify that I have made the actual check and comparison of all the ballots tabulated as voted with Return Sheets, and the unused ballots as recorded on the Register of Official Ballots for Wylie voters in Rockwall and Dallas County. | therefore make the following findings from the May 4,2O19 City ofWylie General Election that was held atthe Municipal Complex,3OOCountry Club Road, Bldg. 3OO,Wylie,Texas 7SO98 (Smith Public Library). |, heneby certify the results to be full,true a-nd correct tabulation, audit and count of the votes cast in the said election. WITNESSED bymmy hand, this 1O day of May 3O19 ° —4th S ���"anieStonm City ofWylie Elections Administrator - Wylie voters in Rockwall and Dallas County � ^ � ' - CITY OF WYLIE GENERAL ELECTION SUMMARY OF PRECINCT RETURNS EARLY VOTING ONLY May 4, 2019 Position Candidate Name Dallas/Rockwall Collin Total Place 1 David R.Duke 3 386 389 Place 1 Keith Stephens 2 430 432 Place 3 Jeffrey Forrester 3 563 566 EARLY VOTING BALLOTS CAST 872 PERCENTAGE OF REGISTERED VOTERS 3.02% TOTAL NUMBER OF REGISTERED VOTERS 28,904 Election Summary Report Date:05/10/19 Collin County, Texas TiPage:1 of 1 General and Special Elections May 4, 2019. Summary For Jurisdiction Wide, , Wylie City Early Voting Accumulated Totals Registered Voters 573492-Cards Cast 1158 0.20% Num.Report Precinct 228-Num.Reporting 228 100.00% Wylie Councilmember P1 Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 867/27842 3.1 % Total Votes 816 Times Blank Voted 51 Times Over Voted 0 Number Of Under Votes 0 David R.Duke 386 47.30% Keith Stephens 430 52.70% Wylie Councilmember P3 Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 867/27842 3.1 % Total Votes 563 Times Blank Voted 304 Times Over Voted 0 Number Of Under Votes 0 Jeffrey Forrester 563 100.00% Election Summary Report Date:05/10/19 0 Collin County, Texas TiPage:1 o f 1 General and Special Elections May 4, 2019. Summary For Jurisdiction Wide, , Wylie City Election Day Accumulated Totals Registered Voters 573492-Cards Cast 336 0.06% Num.Report Precinct 228-Num.Reporting 228 100.00% Wylie Councilmember P1 Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 496/27842 1.8 % Total Votes 455 Times Blank Voted 41 Times Over Voted 0 Number Of Under Votes 0 David R.Duke 267 58.68% Keith Stephens 188 41.32% .• Wylie Councilmember P3 Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 496/27842 1.8 % `. Total Votes 308 Times Blank Voted 188 Times Over Voted 0 Number Of Under Votes 0 Jeffrey Forrester 308 100.00% CITY OF WYLIE GENERAL ELECTION SUMMARY OF PRECINCT RETURNS EARLY VOTING & ELECTION DAY COMBINED May 4, 2019 Position Candidate Name Dallas/Rockwall Collin Total Percentage Place 1 David R.Duke 6 653 659 51.44% Place 1 Keith Stephens 4 618 622 48.56% Place 3 Jeffrey Forrester 6 871 877 100.00% COMBINED EARLY VOTING&ELECTION DAY BALLOTS CAST 1,373 PERCENTAGE OF REGISTERED VOTERS 4.75% TOTAL NUMBER OF REGISTERED VOTERS 28,904 Election Summary Report Date:05/10/19 Collin County, Texas Ti Page_1 of 1 General and Special Elections May 4, 2019. Summary For Jurisdiction Wide, All Counters, Wylie City Early Voting and Election Day Combined Accumulated Totals. 47of 47 Vote Centers Reporting. Registered Voters 573492-Cards Cast 1494 0.26% Num.Report Precinct 228-Num.Reporting 228 100.00% Wylie Councilmember P1 Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 1363/27842 4.9 % Total Votes 1271 Times Blank Voted 92 Times Over Voted 0 Number Of Under Votes 0 David R.Duke 653 51.38% Keith Stephens 618 48.62% Wylie Councilmember P3 Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 1363/27842 4.9 % Total Votes 871 Times Blank Voted 492 Times Over Voted 0 Number Of Under Votes 0 Jeffrey Forrester 871 100.00% Wylie City Council C f T'°" C Minutes Regular Meeting April 23, 2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:04 p.m. The following City Council members were present: Councilman Matthew Porter, Councilman Jeff Forrester, Councilwoman Candy Arrington, Councilman. Timothy T. Wallis, Councilman David Dahl, and Junior Mayor Emily Grubb. Mayor pro tern Keith Stephens was absent. Staff present included: Assistant City Manager Chris Hoisted; Police Chief Anthony Henderson; Development Services Director Renae 011ie; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Assistant Fire Chief Brandon Blythe; Public Works Director Tim Porter; Project Engineer Wes Lawson; WEDC Executive Director Sam Satterwhite; City Secretary Stephanie Storm, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Dahl gave the invocation and Councilwoman Arrington led the Pledge of Allegiance. PRESENTATIONS • Junior Mayor Emily Grubb Mayor Hogue introduced Junior Mayor Emily Grubb, administered the oath of office, and presented a proclamation for"Mayor of the Day." • Proclamation for Building Safety Month Mayor Hogue presented a proclamation proclaiming the month of May as Building Safety Month in Wylie, Texas. Members of the Building Inspections and Code Enforcement department were present to accept the proclamation. • Proclamation declaring May 12-18, 2019 as National Police Week Mayor Hogue presented a proclamation proclaiming May 12-18, 2019 as National Police Week in Wylie, Texas. Members of the Wylie Police Department were present to accept the proclamation. Minutes April 23, 2019 Wylie City Council Page 1 • Proclamation declaring May 19-25, 2019 as National Public Works Week Mayor Hogue presented a proclamation proclaiming May 19-25, 2019 as National Public Works Week in Wylie, Texas. Members of the Public Works department were present to accept the proclamation. CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Margaret Eubanks addressed Council with concerns regarding stormwater drainage from Lewis Ranch Estates to Bennett Road. 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 Minutes of April 9, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, Resolution No. 2019-11(R), designating Anthony Henderson, Chief of Police, as the "Authorized Official" for the purposes of the Victim Coordinator and Liaison Grant through the office of the Attorney General. (A. Henderson, Police Chief) C. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31, 2019. (M. Beard, Finance Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for March 31, 2019. (M. Beard, Finance Director) E. Consider, and act upon, Resolution No. 2019-12(R), a Resolution of the City of Wylie, Texas finding that Oncor Electric Delivery Company LLC's application for approval of a Distribution Cost Recover Factor pursuant to 16 Tex. Admin. Code § 25.243 to Increase Distribution 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; requiring notice of this Resolution to the company and legal counsel. (M. Manson, City Manager) F. Consider, and act upon, approval of final acceptance of the Wylie East Drive Paving Project to Bloomfield Homes, LP and authorize payment in accordance with the Impact Fee Agreement for the amount of $528,956.86 and accept the project as complete. (T. Porter, Public Works Director) G. Consider, and act upon, the acceptance of the resignation of Jade Duan and appointment of Charla Riner as a new commission member to the City of Wylie Planning and Zoning Commission to fill the term of April 2019 to June 30, 2020. (S. Storm, City Secretary) H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2019. (S. Satterwhite, WEDC Director) Minutes April 23, 2019 Wylie City Council Page 2 I. Consider, and act upon, the Certified Reasons for Denial of the Brookside Estates Preliminary Plat (M. Manson, City Manager) Councilman Dahl requested that Consent Item G be removed from Consent and considered individually. Consensus of the Council was to remove Item G from Consent and consider individually. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington, to approve the Consent Agenda Items A, B, C, D, E, F, H, and I as presented. A vote was taken and the motion passed 6-0 with Mayor pro tern Stephens absent. REGULAR AGENDA G. Consider, and act upon, the acceptance of the resignation of Jade Duan and appointment of Charla Riner as a new commission member to the City of Wylie Planning and Zoning Commission to fill the term of April 2019 to June 30, 2020. (S. Storm, City Secretary) Staff Comments Councilman Dahl asked whether, since this is a mid-term appointment, Ms. Riner would be given the opportunity to complete the required Open. Meetings Act and Ethics training. City Secretary Storm responded, if appointed by Council, Ms. Riner would complete the required training and fill out the required documents. Council Action A motion was made by Councilman Porter, seconded by Councilman Dahl, to approve Consent Agenda Item G. A vote was taken and the motion passed 6-0 with Mayor pro tern Stephens absent. 1. Consider, and act upon, the award of RFP #W2019-58-B Construction Manager at Risk— Fire Station 2 Remodel Project Pre-Construction Services to AUI Incorporated, in the amount of $0.00 and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) Staff Comments Purchasing Manager Hayes addressed Council stating the City issued a sealed Request for Proposals (RFP) for a Construction Manager at Risk (CMAR) for the Fire Station 2 Remodel Project. Four proposals were received and the evaluation team recommends the award of a Pre-Construction Services Agreement to AUI Partners LLC in the amount of$0.00 as being the most qualified firm and providing the best overall value to the City. Once the pre-construction services are completed and the Guaranteed Maximum Price (GMP) is agreed upon, staff will submit a second agenda item to Council for award of a Construction Agreement, which will include the CMAR fixed costs. Dustin Stiffler, representing AUI Partners LLC, gave a short presentation about the company and the projects they have completed. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington, to award RFP #W2019-58-B for Construction Manager at Risk— Pre-Construction Services to AUI Partners, LLC, for the Fire Station 2 Remodel Project in the amount of$0.00 and authorizing the City Manager to execute any and all necessary documents. A vote was taken and the motion passed 6-0 with Mayor pro tern Stephens absent. Minutes April 23, 2019 Wylie City Council Page 3 2. Consider, and act upon, Resolution No. 2019-13(R), a joint Resolution of the City Councils of the Cities of Lucas, Texas and Wylie, Texas, clarifying and establishing the Cities' common boundary line. (M. Manson, City Manager) Staff Comments Assistant City Manager Hoisted addressed Council stating currently, the majority of Brockdale Park lies within Lucas'jurisdiction, with only the boat ramp portion of the park being within Wylie's jurisdiction. Lucas has requested that Wylie consider releasing the boat ramp portion to Lucas so that they can work with the Corps of Engineers to lease and make improvements to Brockdale Park. In addition, Hoisted reported Parker Road is under construction and TXDOT has acquired right of way along both sides of the roadway. This Resolution would establish the City's boundary line along Parker Road, which will be down the center of the median on the new roadway. Council Action A motion was made by Councilman Forrester, seconded by Councilman Porter, to approve Resolution. No. 2019-13(R), a joint Resolution of the City Councils of the Cities of Lucas, Texas and Wylie, Texas, clarifying and establishing the Cities' common boundary line. A vote was taken and the motion passed 6- 0 with Mayor pro tern Stephens absent. Mayor Hogue reconvened into the Work Session at 6:43 p.m. WORK SESSION • Discuss the development of property located along SH 78 south of Alanis Drive. (C. Hoisted, Assistant City Manager) Ryan Cole, representing Daydra Management LLC, and Kim Lanz, representing Heritage Properties, gave a short presentation regarding a proposed mixed-use project, The District. This project would include restaurants, shops, office space, townhomes, condominiums, apartments, and amenities. Cole reported currently more than $4,000,000 has been spent on the project, $25,000,000 has been secured for construction funding, and they have received$35,000,000 in presales. Staff Comments Hogue asked what would be completed in 48 months. Cole replied the plan is to have the entire development completed within 48 months with the four commercial buildings started first. Hogue asked how many of each apartment units would be built. Lanz replied there would be 12 floorplans offered for the 150 units, which would be comprised of 88 one bedrooms, 44 two bedrooms, 12 studio suites, and six three bedrooms. Hogue asked how many restaurants would be in the development. Lanz replied there would be two drive-thru restaurants, three sit-down restaurants, and one gourmet restaurant. Councilman Forrester confirmed the townhomes and condominiums would be sold and not rented. Cole replied that is correct. Forrester asked how many jobs will be created from this development. Lanz replied according to the impact data source, approximately 420 jobs would be created. Councilman Dahl expressed concern with the development being a single-entry development. Cole replied they are open to having a second entrance. Dahl asked if a specific amount of fees will be requested to be waived. Cole replied that, upon certain performance criteria after occupancy of a certain number of buildings and restaurants, up to $500,000 would be requested to be rebated back. Councilman Wallis asked how the townhome residents would access the rest of the development. Cole replied there would be a pedestrian type bridge that would go over the river. Hogue asked how much is in the floodplain. Cole and Hoisted replied the creek and the area around the creek between the walls on the Concept Plan are floodplain. Councilman Porter asked if there are plans are to get traffic in and out of the property. Cole responded they have a right in, right out, a left turn lane, and have requested a signal. Hogue asked if they would still build the Minutes April 23, 2019 Wylie City Council Page 4 development even if they do not get the $500,000 refunded. Cole responded they have spent $4 million thus far and are dedicated to doing the project. Councilman Forrester asked if the developer has a current property in the Metroplex. Cole replied they have completed separate single-family, multi-family, and/or commercial projects in the area; this is the first mixed-use project. Councilman Porter asked if they would be opposed to doing a Planned Development (PD). Cole responded based on the feedback he heard at the meeting, he was not opposed to a PD. Direction from Council was they are interested in the development, but would like input from the Planning and Zoning Commission, fire, and police departments, would like to develop a PD with specifics, and would like to obtain support from WISD. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:20 p.m. ADJOURNMENT A motion was made by Councilman. Porter, seconded by Councilman Forrester, to adjourn the meeting at 7:21 p.m. A vote was taken and the motion passed 6-0 with Mayor pro tern Stephens absent. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Minutes April 23, 2019 Wylie City Council Page 5 Wylie CityCouncil cTY 0 - Y i AGENDA REPORT Meeting Date: May 14, 2019 Item Number: B (City Secretary's Use Only) Department: City Secretary Prepared By: City Secretary Account Code: Date Prepared: April 16, 2019 Exhibits: Letter of resignation; Application Subject Consider, and act upon, the acceptance of the resignation of Kevin Lanier and appointment of Robert Blair as a new board member to the City of Wylie Zoning Board of Adjustments to fill the term of April 2019 to June 30, 2020. Recommendation Motion to approve the acceptance of the resignation of Kevin Lanier and appointment of Robert Blair as a new board member to the City of Wylie Zoning Board of Adjustments to fill the term of April 2019 to June 30, 2020. Discussion When the 2018 Board and Commission interviews were held, Council approved two (2) alternates for the Wylie Zoning Board of Adjustments per the board requirements. Pursuant to the boards' interview, Robert Blair was designated as first alternate. Mr. Blair has been contacted and is willing to serve. Page 1 of 1 From: Kevin Lanier Sent.Thursday,January 17,2019 1:09 PM To: Mary Bradley<rnari.bradleygarylietexas.gov> Subject: Re.ZBA Packet Good Afternoon Mrs. Bradley, At this time, I hac,-e to let you know that I am st- sing ,awn from in seat on the Wyhe Zoning Board due to moving outside of Wylie. I recently purchased a house outside of Wylie. I would like to thank e Board and the great city of Wylie for the alloxving me to help with her 2/-01Arth and development. This is a bitter sweet departure for me„ hut could not turn down the deal on my new house_ Wylie thank you for elrepithing, Sincerely, Kevin Lanier • a: ASS1 II CITY OF WYLIE Personal information First Name Last Name DAIR Robert Blair Rease provide your full legal first and last name:. Registered Voter* Are you a registered voter? Cr Yes ✓ No Voter Registration What County are you registered in? County* Collin Contact Information Fhone No.* Alt.Phone No. E-mail 713-725-3067 123-45C)-7890 ex:123-456-(890 Address* Street Address 7802 Brianna Drive Address Line 2 Oty Wylie TX R)stal/Zip Code Country -75098 United States Residency* Are you a t/Mie resident? (1.- Yes ✓ No limt long have you been a Wylie residen19 1 month Employment Information occupation Real Estate Consultant oards and Commission Preferences Rease read the board qualifications located on the w ebsite prior to imking your three choices: Animal SheiMr Advisory Board Construction Code Board Historic Review Commission Library Board Parks&Recreation Preference 1 Board Planning&Zoning Commission Public Arts Advisory Board Wylie Economic Development Corporation Zoning Board of Preference 2 Adjustment Haase indcate briefly w hy you would hke serve as a Boards and Eburossion rrentee Public service is the price we pay for being. As a new resident to the City of VVylie, I want to be involved in my community. Code of Ethics Acknowledgement Reese read the Wavy ordinance Acknowledgment & Signature I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics,above as required in Section 10(A)of the Ordinance. If appointed, I agree to serve a two year term to the Board/Commission that I have applied for. I am aware of the meeting dates and times of the Board/Commission I have applied for. If appointed, I agree to serve on the Board/Commission for which I have applied,or would consider an alternate appointment to a second or third board preference. I understand that I may be required to attend training on the Open Meetings Act and Public Information Act vvithin 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand,and agree to all conditions and that all of the above information is correct. Signature* efe-e-4141e Date* 05/14/2018 Wylie CityCouncil cTY 0 - Y i AGENDA REPORT Meeting Date: May 14, 2019 Item Number: C (City Secretary's Use Only) Department: City Manager Prepared By: City Secretary Account Code: Date Prepared: April 25, 2019 Exhibits: 2 attachments Subject Consider, and act upon, Resolution No. 2019-14(R), ratifying Brent Parker as Acting City Manager in the absence of Chris Hoisted, City Manager. Recommendation Motion to adopt Resolution No. 2019-14(R), ratifying Brent Parker as Acting City Manager in the absence of Chris Holsted, City Manager. Discussion Article IV, Section I.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in his absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Brent Parker has been designated by Chris Hoisted to function in this capacity, in the event of his absence or disability. A letter is on file from City Manager Chris Hoisted, effective May 1, 2019, designating the current Assistant City Manager, Brent Parker. Page 1 of 1 RESOLUTION NO. 2019-14(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,RATIFYING BRENT PARKER AS ACTING CITY MANAGER IN THE EVENT OF THE ABSENCE OF CHRIS HOLSTED, CITY MANAGER. WHEREAS, Article IV, Section 1(D), of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence, and; WHEREAS, Chris Holsted has filed with the City Secretary a letter designating Brent Parker as Acting City Manager in the event of his absence or disability. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Brent Parker is hereby ratified as Acting City Manager in the absence or disability of Chris Holsted. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED this the 14 day of May, 2019. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No.2019-14(R)Ratifying Brent Parker as acting City Manager in the event of the absence of Chris Hoisted,City Manager. Our Mission... ...to be responsible stewards of the public trust, to strive for excellence in public service and to enhance the quality of life for all. May 1, 2019 Stephanie Storm City Secretary City of Wylie Stephanie, Per Article IV, Section 1(D) of the City Charter,the City Manager is required to designate an alternate within 30 days after taking office by filing a letter with the City Secretary. The designated alternate will be considered for ratification by the City Council on the May 14, 2019 meeting. In the event of my absence or disability, I am designating Brent Parker as Acting City Manager. Regards, Chris Hoisted, P.E. City Manager City Manager's Office • 300 Country Club Road • Wylie,Texas 75098 • 972.516.6000 • WylieTexas.gov Wylie CityCouncil !. TY 0 - Y i AGENDA REPORT Meeting Date: May 14, 2019 Item Number: D Department: Fire (City Secretary's Use Only) Prepared By: Brandon Blythe Account Code: 100-5241-56040 Date Prepared: May 2, 2019 Exhibits: 4 Subject Consider, and act upon, Resolution No. 2019-15(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager to execute an updated Interlocal Agreement between the City of Wylie and the City of Plano for the continued use of the Joint Communications System maintained and operated by the City of Plano. Recommendation Motion to approve Resolution No. 2019-15(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager to execute an updated Interlocal Agreement between the City of Wylie and the City of Plano for the continued use of the Joint Communications System maintained and operated by the City of Plano. Discussion In 2009, the City of Wylie signed an agreement with the City of Plano through Resolution No. 2009-36(R). The contract states the City of Wylie provides its own field radio equipment, which will interface with the Joint Radio System infrastructure provided by the City of Plano. Since the contract's inception, the ILA has served the City of Wylie well and WFR, WPD, Communications, and Public Works have determined this manner of business remains beneficial to the City of Wylie. The City of Plano has revised pricing to $33 per month/per radio. Currently, the City of Wylie has 321 radios. The number radios per year may vary slightly during the duration of the contract. Total annual impact on the City of Wylie for the FY 2019-2020 will be $127,116. Page 1 of 1 RESOLUTION NO. 2019-15(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE CITY OF PLANO FOR THE USE OF THE JOINT COMMUNICATIONS SYSTEM MAINTAINED AND OPERATED BY THE CITY OF PLANO NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between the City of PLANO and the City of WYLIE, for use of the Joint Communications System maintained and operated by the City of PLANO, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 14 day of May, 2019.. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2019-15(R)—Interlocal Agreement by and between the City of Plano and the City of Wylie for use of the Joint Communications System. Page 1 of 1 COMMUNICATIONS SYSTEM AGREEMENT CATEGORY 1 —GOVERNMENT ENTITY This COMMUNICATIONS SYSTEM AGREEMENT (the "Agreement") is made and entered into by and between the Cities of Plano and Allen ("Cities" or"City"when referred to individually) acting herein by and through its duly authorized City Manager, and City of Wylie ("USER"), acting herein by and through its duly authorized City Manager, individually referred to as a "Party," collectively referred to herein as the "Parties." Plano and Allen shall include all employees, directors, officers, agents, and authorized representatives of Plano and Allen, respectively. USER shall include all employees, directors, officers, agents, and authorized representatives of USER. RECITALS WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029, Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or is paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS,each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to pedal in and to provide the governmental function or service which is the subject matter of this Agreement; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of all parties and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the Cities jointly own, operate, and maintain the radio communications system exclusive of the radios owned individually by each city (herein referred to as Joint Radio System) for the purpose of providing Public Safety voice radio and data communications and are the sole license holders of the Joint Radio Systems with all privileges and responsibilities thereof. NOW THEREFORE, the Cities and USER agree as follows: 1. GRANT OF LICENSE The Cities hereby grants the USER specific permission to operate USER's owned or leased field radio equipment or equipment attached and/or interfaced to the Joint Radio System infrastructure in accordance with the specific details and requirements for use as set forth in"Exhibit A, Terms of Use," which is attached hereto, incorporated herein, and made a part of this Agreement for all purposes. Failure to comply with these specific details and requirements may result in the immediate withdrawal of the specified permissions. Page 1 of 16 2. TERM This Agreement shall begin upon the last day executed by all authorized Parties ("Execution Date") and shall continue in full force and effect for a period of one year(the "Initial Term"). After the Initial Tetra, this Agreement shall automatically renew for successive one-year terms for nine additional years unless otherwise terminated in accordance with the provisions set forth herein and in"Exhibit A". 3. COMPENSATION USER shall remit payment to the City of Plano in the amount and manner set forth in "Exhibit A". 4. LIABILITY Each party agrees to be liable for any damages or losses that may be caused by its own negligence, omission or intentional misconduct. For purposes of this section, the term party shall include employees, directors, officers, agents, authorized representatives, subcontractors, consultants, and volunteers of the respective party.Nothing in the perfoi mance of this Agreement shall impose any liability for claims against either party other than for claims for which the Texas Tort Claims Act may impose liability. 5. INDEPENDENT ENTITY It is expressly understood and agreed that USER shall operate as an independent entity as to all rights and privileges granted herein,and not as an agent,representative or employee of the Cities. Subject to and in accordance with the conditions and provisions of this Agreement, USER shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, directors, officers, agents, authorized representatives, subcontractors, and consultants. USER acknowledges that the doctrine of respondeat superior shall not apply between the Cities,its employees, directors, officers, agents, and authorized representatives, and USER and its employees, directors, officers, agents, authorized representatives, subcontractors, and consultants. USER further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the Cities and USER. 6. HOLD HARMLESS Each party agrees to hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees, including all expenses of litigation or settlement, or causes of action which may arise by reason or injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. In the event that a claim is filed, each party shall be responsible for its proportionate share of liability. Page 2 of 16 7. NON-APPROPRIATION OF FUNDS The Cities and USER will use best efforts to appropriate sufficient funds to support obligations under this Agreement. However, in the event that sufficient funds are not appropriated by either party's governing body, and, as a result, that party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly notify the other parties in writing and (ii) may terminate this Agreement, effective as of the last day for which sufficient funds have been appropriated. 8. RIGHT TO AUDIT USER agrees that the Cities shall, at no additional cost to the Cities, during and until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine, at reasonable times, any directly pertinent books, documents, papers, records, and communications of the USER involving transactions relating to this Agreement. USER agrees that the Cities shall have access during normal working hours to all necessary USER facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The Cities shall give USER reasonable advance notice of intended audits. 9. ASSIGNMENT USER shall not have the right to assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the Cities. Which such right shall be granted solely at the discretion of the Cities. Any assignment in violation of this provision shall be void. 10. NO WAIVER The failure of either party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 11. GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, that neither Cities nor USER waives or surrender any of its governmental powers or immunities. 12. AMENDMENTS No amendment to this Agreement shall be binding upon either party hereto unless such amendment is set forth in writing, dated subsequent to the date of this Agreement, and signed by both parties. Page 3 of 16 13. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 14. TERMINATION Should circumstances exist that require one or more Parties to terminate this Agreement,then such termination shall be with the following conditions: This Agreement may be terminated upon one (1) year advanced written notice from the Party seeking termination to the other Party. The Party terminating this Agreement shall reimburse the remaining Party for reconfiguring of the system, such as microwave realignment and licensing fees. 15. CONFIDENTIAL INFORMATION To the extent permitted by law, USER and its officers, agents and employees, agrees that it shall treat all information provided to it by the Cities as confidential ("City Information") and shall not disclose any such information to a third party without the prior written approval of the Cities, unless such disclosure is required by law, rule,regulation, court order, in which event USER shall notify the Cities in writing of such requirement in sufficient time to allow the Cities to seek injunctive or other relief to prevent such disclosure. USER shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. USER shall notify the Cities immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised. 16. FORCE MAJEURE The parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any state or federal law or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems, existing contractual obligations directly related to the subject matter of this Agreement, or declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law. 17. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when(1)hand-delivered to the other party,its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Page 4 of 16 City of Plano City of Allen City of Wylie Attn: Office of the CIO Attn: IT Director Attn: Fire Administration- Fire Chief 1117 E. 15th Street 305 Century Parkway 300 Country Club Road Plano, Texas 75074 Allen, TX 75013 Wylie, TX 75098 18. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Collin County, Texas or the United States District Court for the Eastern District of Texas. In any such action, each party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action. 19. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 20. ENTIRETY OF AGREEMENT This written instrument, including all Exhibits attached hereto, contains the entire understanding and agreement between the Cities and USER as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with this Agreement. Any previously executed Communication System Agreement(ILA) between the parties shall be terminated simultaneously with the final execution of this Agreement by both parties. 21. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 22. COOPERATIVE MANAGEMENT AND DISPUTE RESOLUTION Problems may arise in the programming of subscriber radios, consoles, and consolettes; and managing microwave paths and undue RF interference; as well as in unexpected areas. The Plano Radio Division, acting as the operating arm of the Joint Radio System's simulcast system, will fully participate in the resolution of any connectivity issues that may arise during the life of this Agreement. This participation includes the initial implementation of connectivity and Page 5 of 16 integration of the two networks. The Parties will rely on internal staff, contractors, and vendors, as required, to ensure full functionality of the Joint Radio System's simulcast system platform. A party will promptly notify the others of any performance concern, problem, or information indicating a possible problem for the Joint Radio System's simulcast system. A party will provide the other parties, and their representatives and experts,with escorted access to any site, location or piece of equipment or infrastructure (where applicable) for an inspection and evaluation of a problem or issue facing the party's simulcast system or simulcast cell. Each party will provide the others with any information or data it may have,including from a radio-system-management server or similar server related to the issue. The parties will promptly exchange with one another their information,reports,results of any inspection or evaluation, expert analyses or recommendations, and proposals for avoiding, improving, or fixing any problem. The Plano Radio Division phone and email contact information shall be provided to USER as a first point of contact in order to address such pressing issues. The Plano Radio Division shall also be provided relevant phone and email information in order to respond and coordinate as needed. The parties will use their best efforts to solve a problem quickly. In the event of a dispute regarding any aspect of this agreement,the dispute shall be discussed first amongst an assigned Technical Committee designee of USER, the City of Plano and the City of Allen in an attempt to seek an informal resolution within five business days of all parties being made aware of such dispute. If an agreement on a solution remains unresolved, then the dispute shall be referred to a joint meeting of representative City and USER management of each of the Parties within a reasonable period of time from the initial meeting. If the dispute continues to remain unresolved after this process, the Parties shall refer the dispute to outside non-binding mediation for resolution prior to engaging in litigation. All Parties shall share equally in the costs of a certified mediator and each Party shall be responsible for their own attorney fees. [Signature Page Follows] Page 6 of 16 EXECUTED IN MULTIPLE ORIGINALS on this the day of , 20 . CITY OF PLANO, TEXAS BY: Mark D. Israelson City Manager APPROVED AS TO FORM: Paige Mims, CITY ATTORNEY CITY OF ALLEN, TEXAS BY: Peter H. Vargas City Manager APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY CITY OF WYLIE, TEXAS By: Chris Hoisted City Manager ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 2019, by MARK D. ISRAELSON, City Manager of the CITY OF PLANO, TEXAS, a home-rule municipality, on behalf of such corporation. Page 7 of 16 Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of , 2019, by PETER H. VARGAS, City Manager, of the CITY OF ALLEN, TEXAS, a home-rule municipality, on behalf of such Municipality. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the day of ,2019,by CHRIS HOLSTED,City Manager,of the CITY OF WYLIE, TEXAS, a home-rule municipality, on behalf of such Municipality. Notary Public, State of Texas Page 8 of 16 EXHIBIT A CATEGORY 1, TERMS OF USE The Terms of Use are set forth below: TERMS OF USE 1. The installation and maintenance of the Radio System infrastructure equipment is the responsibility of the City of Plano Radio Division unless otherwise stated in this Agreement. 2. The City of Plano Radio Division is the holder of the FCC (Federal Communications Commission) license(s) that the Joint Radio System uses for its operation. This Agreement shall not be construed or interpreted to grant, convey, or otherwise provide USER with any rights whatsoever to the Plano Radio Division FCC license(s) or to the Radio Frequency spectrum used by the Joint Radio System. 3. The City of Plano Radio Division makes no guarantee, either express or implied, as to radio signal strength or a specific level of radio coverage in a particular location. The USER is responsible for conducting appropriate and applicable in-building and geographical coverage testing to determine the expected radio coverage level for USER's equipment. 4. USER will be responsible for the acquisition,programming, and maintenance of all equipment USER will be utilizing in connection with the Joint Radio System infrastructure, including, but not limited to, Subscriber Radios, consoles, and special equipment. 5. In order to ensure hardware and software compatibility with the Joint Radio System infrastructure, all Subscriber Radios and consoles intended for use by USER on the Joint Radio System shall be compliant with Project 25 Phase II standards established by the Telecommunications Industry Association. The use of unauthorized radios on the Joint Radio System may result in suspended operation of the radios and/or termination of the Agreement. The City of Plano operates a radio shop for the mutual benefit of all users of the Joint Radio System. The radio shop provides day-to-day system administration as well as centralized shipping and receiving for all mobile and portable repairs. When radios return from repair, the radio shop verifies their operation and programs the unit as required. To ensure optimum interoperability of thousands of radios on this network, infrastructure owners on this joint radio system are expected to have their radio programming done by the City of Plano Radio Shop. The Plano Radio Shop must approve vendor(s)prior to that vendor programming radios or consoles attaching to the Joint Radio System network. The radio shop offers a drive-up service to assist in troubleshooting radio issues in vehicles in addition to the functions outline in Item 23 of this ILA. The radio shop is generally open Monday- Friday 7:30 a.m. to 4 p.m. If service is required after hours, the on-call technician will respond. After hours responses shall be limited to service affecting system-wide infrastructure or priority- Page 9 of 16 restore items at dispatch centers, fire station alerting, at the sole discretion of the Plano Radio Manager. Mobile and portable service is not available after hours or weekends. 6. USER agrees to exclusively utilize antennas specifically approved by the radio manufacturer for use with the specific models of USER's radios. The use of short,broad spectrum, or"stubby," antennas is not recommended. USER shall be solely liable for coverage gaps in the event USER utilizes short broad spectrum or stubby antennas or other antennas not approved by the manufacturer for use with the specific models of USER's radios. 7. No antenna gain greater than 3 DB will be allowed for mobiles and consolettes. 8. USER shall use due diligence in the maintenance and configuration of its Subscriber Radio equipment to ensure that no USER radio or console causes a degradation to the Joint Radio System operation. The City of Plano Radio Division shall have the right to remove from operation any field radio unit or equipment owned or leased by USER that is operating on, attached and/or interfaced to the Joint Radio System infrastructure, if the Plano Radio Division determines in its sole reasonable discretion that such equipment is causing interference or haim to the Joint Radio System in any way. The Plano Radio Division reserves the right to request that USER operated field radio units or equipment operating on, attached and/or interfaced to the infrastructure be tested for proper operation and/or repaired by an authorized radio repair facility approved by the Plano Radio Division. The cost of such testing or repair will be the sole responsibility of USER. Furthermore,the Plano Radio Division shall have the right to deactivate,without prior notification to or consent of USER, any field radio or other USER equipment suspected of causing interference, intentionally or unintentionally, to any other radios on the Joint Radio System or to the Radio System's overall operation. 9. USER's radios may be used for voice and data radio communications over the Joint Radio System infrastructure in accordance with the terms and conditions of this Agreement for as long as this Agreement remains in effect. 10. The Plano Radio Division will be responsible for managing infrastructure loading and demand. The City of Plano Radio Division reserves the right, without notice to incumbent users, to enter into a similar agreement with other entities or to deny the addition of new Subscriber Radio equipment to any user of the Joint Radio System. The Plano Radio Division shall have discretion in deteiiiiining whether to allow additional users or radios based on the Joint Radio System's Coordination Committee determination of whether such addition to the Joint Radio System can be made without adversely impacting the Radio System. 11. USER is prohibited from utilizing telephone interconnect on the Joint Radio System. This prohibition shall include, but is not limited to, connecting to either the PSTN (Public Switched Telephone Network) or USER's internal phone system(s) through a console patch into the Joint Radio System or to any Subscriber Radio on the Radio System. 12. Due to the radio infrastructure resource allocations required by "Private Call," USER is not permitted to utilize "Private Call" on the Joint Radio System. Page 10 of 16 13. USER's utilization of data communications on the Joint Radio System will be limited to the Radio System's OTAP or OTAR functions. Performance of data communications over the Joint Radio System is not guaranteed. For programming changes involving more than ten Subscriber Radios, USER agrees to coordinate with the Plano Radio Division prior to executing changes to minimize impact on other users and the Radio System. 14. The use of OTAR in association with Subscriber Radio encryption is prohibited without prior approval of the Plano Radio Division. Administration of encryption keys will be performed by the Plano Radio Division. USER will continue to use their encryption based on current practices and may utilize and administer other encryption methods as required. 15. The Plano Radio Division will provide USER with an Advanced System Key(ASK) for use with the USER's Subscriber Radios only. The ASK will expire annually, and USER shall be responsible for requesting a new ASK 30 days prior to expiration, if one is required. USER will be responsible for safeguarding the security of the ASK to prevent theft and/or loss. USER agrees to notify the Plano Radio Division immediately upon the theft or loss of the ASK. 16. The Plano Radio Division will assign the USER Talk Group IDs unique to USER operation. All Talk Group names shall include a prefix unique to the USER's agency. No other agency will be authorized to use USER Talk Groups without the express written permission of USER, and a copy of such permission must be on file with the:Plano Radio Division before such use may occur. The Plano Radio Division reserves the right to require certain Talk Group IDs to be programmed in USER radios. Additionally, the Plano Radio Division shall have the right to limit the number of Talk Group IDs to be used by USER based on Master Site(s) and network capacity. 17. The Plano Radio Division has established a coordinated Interoperable Communications Plan to apply to Joint Radio System and the users of its Radio System. USER agrees to participate in the Plan and include the Plan's interoperable Talk Groups in the programming of its Subscriber Radios and Console Systems. 18. Roaming to other systems or the use of USER's Talk Groups on other trunked systems that are interconnected to the Joint Radio System is prohibited without prior approval by the Plano Radio Division. Roaming to other trunked systems will be limited to the Joint Radio System's interoperable Talk Groups,although this capability may be terminated by the Plano Radio Division if its use is determined to result in performance degradation to either the Joint Radio System or the interconnected trunked system. The Plano Radio Shop will provide advanced notice of any planned termination of this capability based on connection that may cause a negative impact on the operations of the Joint Radio System. 19. USER may utilize a Network Management Console (NMC) to manage its own environment. USER is responsible for acquiring and maintaining, at USER's sole cost, all components required to connect the NMC to the Joint Radio System. The USER's NMC must be partitioned in a manner to limit access to USER's own environment only and to prevent USER from viewing, accessing, or making any changes to equipment that is not owned or leased by USER. The USER must ensure the NMC is located in a secure area. USB ports on the NMC must be deactivated except during maintenance activity. All security patches related to operating systems and other associated Page llofl6 software must be maintained at current manufacturer-tested levels. No other software applications may be utilized by the NMC. 20. The Plano Radio Division generally maintains aliases for units operating on the Joint Radio System. If the USER has acquired the capability to modify its aliases, it may administer and maintain its own subscriber unit aliases. From that point, USER will be responsible for administering and maintaining its own subscriber unit aliases, and the Plano Radio Division will no longer administer and maintain the USER's subscriber unit aliases. 21. USB ports on the USER's Console Systems must be deactivated except during maintenance activity. All security patches related to operating systems and other associated software must be maintained at current manufacturer-tested levels. If required,all connectivity between the Console Systems and the Joint Radio System is the responsibility of the USER, including software, hardware and carrier services. Associated costs will be incurred by the USER. Unless otherwise approved by the Plano Radio Division, connectivity will be achieved through local terrestrial circuit facilities. The use of other connectivity methods, including, but not limited to, microwave or fiber, must be approved by the Plano Radio Division. USER may incur additional costs from the Plano Radio Division for other connectivity methods. 22. As applicable,all Infrastructure owners of the Joint Radio System shall execute with Motorola Solutions a System Upgrade Agreement (SUA) for the Console Systems and Site Repeater Systems that would be affected by hardware and software upgrades, including those owned (or leased) by the USER. Unless the USER is notified otherwise by the Plano Radio Division, the software for the Joint Radio System, all Site Repeater Systems and all Console Systems will be upgraded to the current level every two years. The USER will provide all reasonable coordination necessary for the upgrade of its Console Systems. USER acknowledges that reductions in functionality may occur during the upgrade process. APPLICABLE FEES; TERMINATION; REFUNDS 23. USER shall pay the Plano Radio Division an annual Infrastructure Support Fee,per Subscriber Radio or console. This fee is payable in advance on an annual basis for all active radio IDs and consoles issued to USER at the time of the annual billing. Invoicing will occur on a pro-rata basis when new Radio IDs are issued or consoles added, and thereafter, at the beginning of each fiscal year. There will be no refunds or credits for radios or consoles removed from service during the fiscal year. Infrastructure Subscribers shall pay the City of Plano (Radio Division) an annual Infrastructure Support Fee in the amount of$32.00 per Radio or console per month and a $1.00 per radio/month network access fee for a total of$33.00 per month per month per radio/console. The monthly per Subscriber Radio support covers access to the primary master site in:Plano and the back-up site in Allen and the following City of Plano Radio Division services cited in the table below: Page 12 of 16 Radio Installation &Patching Shipping&Receiving Devices Loaner Program Service & Repair FCC License Management Solution Engineering (Consultation) Encryption&Key Management Talk Group Assignment Network Problem Resolution Service Center Network Upgrade Management Tower Operation & Maintenance Radio Monitoring On-Call Support (7x24x365) 24. The Plano Radio Division shall have the right to increase any applicable fees under this Agreement each fiscal year to offset any increased costs incurred by the Plano Radio Division in the operation or maintenance of the Joint Radio System. Any increase in applicable fees will be effective at the beginning of the next Plano Radio Division fiscal year. The Plano Radio Division shall provide USER with 120 days' written notice of any intended fee increase, provided, however, that this notice period may be less than 120 days if Motorola Solutions provides the Plano Radio Division with less than 90 days' notice of an increase in the System Upgrade Agreement Fee and such reduced notice period shall not impact USER's obligation to pay the increased fee. TERM 25. Either USER or the Plano Radio Division may terminate this Agreement for any reason, with or without cause, upon one (1) year written notice to the other party. If USER terminates, there will be no refunds or credits for any fee. If the Plano Radio Division teiiiiinates, the Plano Radio Division will issue a refund to the USER of all fees,pro-rated to the end of the current fiscal year. The Plano Radio Division, in its sole discretion, shall have the right to deny USER access to the radio infrastructure and/or the right to terminate the Agreement immediately if USER fails to make full payment of invoiced system fees within thirty(30) days of the date payment is due. The Plano Radio Division further reserves the right to terminate this Agreement immediately, or deny access to the USER, upon notice of USER misuse of the Joint Radio System. Notwithstanding the foregoing, the Plano Radio Division, in its sole discretion, reserves the right to immediately deny access to the USER if such action is required to prevent the spread of a security breach or threatened security breach or due to an emergency, operational issue, or other critical incident between the Master Switches and the USER's environment. The Plano Radio Division will use best efforts to restore access to the USER as soon as possible,once the security breach,emergency, operational issue, or critical incident is resolved. ADMINISTRATION OF THE JOINT COMMUNICATIONS SYSTEM Coordinating Committee. Operation, administration and policy development of the Joint Radio System shall be the responsibility of the Joint Radio System Coordinating Committee, comprised of one (1) Designee from each City, appointed by the respective City Manager of both Plano and Allen (hereinafter"Coordinating Committee"). Additional ex-officio members may be selected by the City Managers to serve on the Coordinating Committee and to assist the Committee,but shall have no voting authority. Page 13 of 16 The Coordinating Committee's duties will be to make recommendations to the respective Parties' governmental bodies of system changes, upgrades, additional uses and any other aspects of the Joint Radio System. The governing bodies or the designee of each of the Parties as required by their respective City Charters and ordinances must approve payment of Monies, pursuant to the terms and obligations of this Agreement. Administrative decisions may be made by the Coordinating Committee. The Coordinating Committee quarterly meeting schedule will be established by the appointed representative from each Party to the Joint Communications System Agreement. Technical Committee. A committee of technical personnel shall be selected to advise the Coordinating Committee (hereinafter "Technical Committee"). The Coordinating Committee members shall be able to appoint up to four(4)persons to serve on the Technical Committee. The schedule for the Technical Committee will be set by the Coordinating Committee. Technical Standards based on the most current microwave radio system technology, for the operation of the Joint Radio System shall be developed by the Technical Committee and approved by mutual agreement of the Coordinating Committee. Once approved, these standards must be compatible with existing equipment and may not violate any of the tei ins of this Agreement or of any existing maintenance or hardware agreement. End User Group consists of both infrastructure and radio subscribers on the Joint System Radio Network. This group shall consist of a representative from each currently subscribing entity on the Joint System Radio Network. This group will receive regular updates on Joint System Network operations, including upgrades, technical direction and technology changes to the network. COMPLIANCE WITH LAWS 26. The USER shall comply with all current and future Federal, State,and Local laws,Ordinances, and Mandates, including Federal Communications Commission rules and regulations regarding proper use of radio communications equipment. The USER will also comply with the guidelines, or procedures set out in this Agreement. Furtheliuore,the USER is responsible for enforcing such compliance by its employees, directors, officers, agents, authorized representatives, subcontractors, and consultants for USER Subscriber Radio equipment. Furthermore, the USER will be responsible for payment of any fines and penalties levied against the Plano Radio Division (as the license holder) as a result of improper or unlawful use of Subscriber Radio equipment owned or leased by USER. 27. In order to comply with Federal, State, and Local Laws and/ or Mandates, the Plano Radio Division, as the license holder, may need to act on behalf of the USER regarding possible modifications, reconfiguration, or exchange of Subscriber Radio equipment in order to meet these obligations. For as long as this Agreement is in force, the USER will allow the Plano Radio Division to facilitate such activities on USER's behalf as necessary. 28. In the instance where USER Subscriber Radio equipment is to be replaced in order to be in compliance with Federal, State, and Local Laws and/or Mandates, title and ownership of such Page 14 of 16 replacement Subscriber Radio equipment shall, upon delivery of Subscriber Radio equipment to the USER's site, pass directly to the owner of the equipment that is being replaced. The USER shall provide the Plano Radio Division, or its designee,with the serial number(s) and radio IDs of Subscriber Radio equipment to be replaced, as well as the serial number(s) of the new radio equipment. USER shall be liable for payment of any fees associated with radios deemed to be not in proper working order. USER shall be liable for payment of any fees associated with upgrades to Subscriber Radio equipment. The following definitions shall have the meanings set forth below and apply to this Agreement: DEFINITIONS "Console System" shall mean all hardware and software associated with any dispatch console or set of consoles operated by the USER that are connected to the Joint Radio System Master Switches. "Joint Radio System Coordinating Committee" ("Coordinating Committee") shall mean that group of individuals tasked with maintaining and administering the Joint Radio System infrastructure and selecting a Technical Committee. The Coordinating Committee shall determine and may periodically adjust the number of members and the method for selecting members for each classification of users with a goal of ensuring that the Technical Committee reflects the full range of user types. "Infrastructure Support Fee" shall mean the annual fee charged by the Plano Radio Division to offset costs incurred in the operation and maintenance of the Joint Radio System. "Interoperable Communications Plan" (the "Plan") means the plan developed and established by the Plano Radio Division and the Coordinating Committee to facilitate, enhance and simplify radio communications among all agencies utilizing the Joint Radio System or connecting their Subscriber Radio or Console Systems to the Joint Radio System Master Switches. "Master Switch" shall mean the primary processing and network infrastructure to which all Console Systems and Site Repeater Systems must connect in order to operate on the Joint Radio System. The primary Master Switch is currently located at the Plano Radio Division facility and the back-up facility in Allen. "Over The Air Rekeying" ("OTAR") shall mean the management and support of Subscriber Radio encryption keys via over-the-air, radio channel transmission. "Over the Air Programming" ("OTAP") shall mean the method of implementing programming changes to Subscriber Radios using the over-the-air data capabilities of the Joint Radio System. "Private Call" shall mean a feature that reserves channel resources specifically for conversations between two Subscriber Radios. Page 15 of 16 "Site Repeater System" shall mean the base stations, shelter,tower and all site-specific hardware and software infrastructure associated with the provision of a radio site connected to the Joint Radio System Master Switches. "Subscriber Radio" shall mean a radio that has a unique identification number and is programmed to operate on the Joint Radio System. The term shall include, but not be limited to, control stations (desk top radios), consoles, mobile radios, and portable radios. "Talk Group"shall mean a specific group of Subscriber Radios allowed to communicate privately within that group over shared infrastructure resources. "Technical Committee" A committee consisting of representative(s) from each entity utilizing the Plano and Allen Joint Radio System. This group will function as advisers to the Coordinating Committee regarding technology, new Subscribers, microwave network capacity planning, communication plan, and tasks assigned by the Coordinating Committee. "End User Group"A group consisting of currently subscribing entities on the Joint System Radio Network that shall receive regular updates on Joint System Network operations, including upgrades, technical direction and technology changes to the network. "Infrastructure Owners" Those entities that own towers and other hardware/software used to transmit voice/ data and provide connectivity on the Joint Radio System. [End of Document] Page 16 of 16 RESOLUTION NO. 2009-36(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF PLANO,TEXAS,THE CITY OF ALLEN, TEXAS, THE CITY OF WYLIE, TEXAS, AND THE CITY OF MURPHY, TEXAS FOR A JOINT RADIO COMMUNICATIONS SYSTEM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas and the City of Murphy, Texas, for a Joint Radio Communications System, attached hereto as Exhibit"A". SECTION 2: This Resolution shall take effect immediately upon its passage. DULPY PASSED AND APPROVED by the City Council of the City of Wylie, this the 8th day of December, 2009. C:e Eric Hogue, Ma ATTEST TO: � °F �1 Carole Ehrlich City Secretary _-:. . 141 �f ... .. ..fir ,. - . ■M■y..4 �• akin SIP 10. RESOLUTION NO.2009-36(R) Interlocal Cooperative Agreement Joint Communication System 563458-1 AGREEMENT BETWEEN THE CITY OF PLANO,TEXAS, AND THE CITY OF ALLEN,TEXAS,THE CITY OF WYLIE,TEXAS AND THE CITY OF MURPHY,TEXAS . FOR JOINT RADIO COMMUNICATIONS SYSTEM This Agreement is made between the CITY OF PLANO,TEXAS,a home-rule municipal corporation (hereinafter referred to as "Plano"), the CITY OF ALLEN, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Allen"), the CITY OF WYLIE, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Wylie"), and the CITY OF MURPHY, TEXAS, a home-rule municipal corporation (hereinafter referred to as "Murphy") as follows: WHERF,AS, the Interiocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and WHEREAS, Plano, Allen, Wylie and Murphy (hereinafter each individually referred to as 'Party" and collectively referred to as "Parties") are political subdivisions within the State of Texas and are all engaged in the provision of governmental services for the benefit of their citizens; and WHEREAS, the Parties desire to enter into an interlocal agreement for the use of the Plano/Allen jointly owned radio system pursuant to Chapter 791 of the Texas Government Code (the"Agreement");and WHEREAS, the Parties have current funds available to satisfy any fees and costs requited pursuant to this Agreement. NOW,THEREFORE, the Parties, for and in consideration of the recitals set forth above and terms and conditions below,agree as follows!: I.TERM This Agreement shall be automatically renewed annually for a period of ten (10) years in order to allow each Party the opportunity to recover its investment, unless terminated earlier as provided herein. IL PURPOSE The purpose of this Agreement between Allen and Piano identifies rules for future Infrastructure Members. These rules, along with the terms spelled out in the Plano/Allen ILA attached hereto as Exhibit "A", address Wylie and Murphy's obligations in the jointly owned radio system. The cities of Murphy and Wylie will be exempt from user fees associated with leased airtime on the new radio system.Murphy and Wylie will jointly fund a radio technician as indicated in this document. The cities of Allen and Plano reserve the right to seek additional airtime lease subscribers from other municipal and private agencies within the corporate limits of Wylie and Murphy. The revenue from any such additional subscribers will be held by Plano and Allen and used to support the jointly owned radio system infrastructure. AGREEMENT PAGE .] Odocurnents and settEngskdebreeplanoltny documentsipawm agreementfinaLdoc(5-113-09) III.OBLIGATIONS OP THE PARTIES A. INFRASTRUCTURE The cities of Murphy and Wylie each agree to build a radio communications site in their respective cities. The radio sites will be constructed concurrently with the Plano/Allen sites, according to the specifications identified in the Plano Request far Proposal attached hereto as Plano/RCC Exhibit "B". The estimated completion date is December 2010. Each site will house transmitters and receivers as well as microwave backhaul for the purposes of simulcasting the Piano/Allen joint radio system. The cities of Murphy and Wylie also agree to utilize either a water tower or radio communications tower of sufficient height to facilitate the system operation. Each city also agrees to install the infrastructure equipment in a hardened shelter with either emergency generator backup power along with uninterruptible power supplies (UPS) or battery bank system.The hardened shelter and back-up power system shall also be installed concurrently with the new radio site. Shelter and power specifications will be supplied to the cities by the city of Plano as needed. All equipment purchased by each city will be individually owned and maintained by the purchasing member. B. SUBSCRIBER UNITS-MOBILE AM)PORTABLE RADIOS The cities of Murphy and Wylie may utilize any vendor of P-25 compliant radios they choose.The cities of Murphy and Wylie are responsible for all software and hardware required to program these subscriber units should they choose a different manufacturer from the cities of Allen and Plano.Each city is responsible for the service agreement covering its subscriber units. C. JOINTLY FUNDED SYSTEM TECHNICIAN In exchange for waiver of user fees historically charged to each agency for the use of the Plano/Allen radio system, the cities of Murphy and Wylie agree to each fund one half(%) of an additional radio system technician separate from the Plano/Allen technician.The cities of Murphy and Wylie also agree to share equally in the cost of the service vehicle enabling the technician to perform daily tasks. The city of Piano will perform routine maintenance on the jointly funded technicians' vehicle such as oil changes and inspections through the city of Piano's Equipment Services Division. Estimated annual raises for the technician shall not exceed 3% of gross salary allotted for the position. The City of Plano will invoice the cities of Murphy and Wylie annually for the salary of the jointly funded technician, The invoice will include any overtime expenses associated with on-call activities or other radio system related repairs. The function of this technician is to substitute for the cost of a manufacturer's maintenance agreement. The first invoice will begin on October 1, 2010, The technician will perform the duties of system maintenance, alarm monitoring and emergency call-out functions for all members of the jointly owned Plano/Allen radio system,The technician will be stationed at the Plano radio shop and will be dispatched to jobs in a prioritized manner. The technician will be an employee of the City of Plano. Plano shall be responsible for the hiring, supervising and performance evaluation of the technician. AGREEMENT PAGE 2 c:ldocuments and seltings\debrae.planoiiny documenlsspawm agreementflnal.doc(5-18.09) . . D. PLANO/ALLEN SERVICES The cities of Piano and Allen each currently fund one half(! )share of a radio technician. This person is responsible for all programming of subscriber radios and basic system maintenance. The city of Plano funds a radio system manager, radio system coordinator and an administrative assistant as well as a 4000 sq. ft. radio shop facility. The Plano/Alien funded system technician and the jointly funded Wylie/Murphy system technician will share on-call duties for the Parties The city of Plano also stocks an emergency communications trailer with crank-up radio tower,an ACU patching device and a cache of two-way radios for emergency use. Infrastructure members shall have access to use these services, E. RADIO SHOP • The city of Plano operates a radio shop for the mutual benefit of all users of the radio system.The radio shop provides day-to-day system administration as well as centralized shipping and receiving for all mobile and portable repairs. When radios return from repair, the radio shop verifies their operation and programs the unit as required.The radio shop offers a drive-up service to assist in troubleshooting radio issues in vehicles,. F. HOURS OF OPERATION The radio shop is generally open Monday-Friday, from 7 a.m. to 4 p.m. If service is required after hours,the on-call technician will respond. The radio shop will establish an on-call rotation of technicians for the mutual benefit of the Parties. These technicians will be a Plano technician,jointly funded Plano/Allen technician or the Murphy/Wylie funded technician. After hours,responses shall be limited to service affecting system-wide infrastructure or priority-restore items at dispatch centers, fire station alerting, at the sole discretion of the Plano Radio Manager. Mobile and portable service is not available after hours or weekends.; IV.PAYMENTS DUE All payments for expenses incurred as a result of the performance of this Agreement shall be made only from current revenues legally available to each respective Party. The City of Plano will invoice Parties for payments due at the beginning of each fiscal year for which payment must be remitted within thirty(30)days of receipt of invoice. The Parties herein recognize that the continuation of any contract after the close of any given fiscal year,which fiscal year ends on September 30th of each year, shall be subject to each Party's City Council approval. In the event that any of the Parties' City Councils do not approve the appropriation of funds for this Agreement, the Agreement shall terminate at the end of the fiscal year for which funds were appropriated and the Parties shall have no further obligations hereunder. V.TERMINATION This Agreement may be terminated upon one (1)-year written notice from the Party seeking termination to the other Parties. AGREEMENT PAGE 3 cAdocuments and sedIngsidebtaeotancArny documenisipavem agreementtinat.doe(5.18-09) The Party terminating this Agreement shalt reimburse the remaining Parties for reconfiguring of the system, including. but not limited to microwave realignment and licensing fees. No refund shall be given for the technician's salary for the year. VI. DISPUTE RESOLUTION In the event of a dispute regarding any aspect of this Agreement, the dispute shall be sent first to the Coordinating Committee for resolution and the Coordinating Committee shall act as mediator. If the Coordinating Committee is unable to agree on a resolution,then the dispute shall be referred to a joint meeting of the City Managers of each of the Pat-ties. If the dispute continues to remain unresolved after this process, the Parties shall refer the dispute to outside non-binding mediation for resolution prior to engaging in litigation., All Parties shall share equally in the cost of a certified mediator and each Party shall be responsible for their own attorney fees. VII. GOVERNMENTAL FUNCTION The Parties have determined by their execution of this Agreement that this Agreement and the obligations of the Parties contained herein are in discharge of a governmental function as set forth in the Interlecal Cooperation Act, and participation in this Agreement by one Party shall not be construed as creating any kind of agency relationship, partnership, or joint enterprise between the Parties. VIII.RELEASE AND HOLD HARMLESS TO THE EXTENT PERMITTED BY LAW, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST, TO RELEASE, AND TO HOLD HARMLESS THE OTHER PARTY AND ITS RESPECTIVE OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, LOSSES, DAMAGES, ATTORNEYS FEES, INCLUDING ALL EXPENSES OF LITIGATION OR SETTLEMENT, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OR INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN THE EVENT THAT A CLAIM IS FILED, EACH PARTY SHALL BE RESPONSIBLE FOR ITS PROPORTIONATE SHARE OF LIABILITY. ALLEN, WYLIE AND MURPHY AGREE TO WAIVE ALL CLAIMS AGAINST AND HOLD HARMLESS PLANO AND ALLEN IN THE EVENT OF EARLY TERMINATION OF THE AGREEMENT. IX.IMMUNITY In the execution of this Agreement, none of the Parties waive, nor shall be deemed hereby to have waived any immunity or any legal or equitable defense otherwise available against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations,express or implied,other than those set forth herein, and this Agreement does not create any rights in parties who are not signatories to this Agreement. AGREEMENT PAGE 4 c.ldocuments and seueraastdebrae.plano\my docuniantstpawm agreernentfinaal.doc(5-18-09) X.ASSIGNMENT AND SUBLETTING Wylie and Murphy agree to retain control and to give full attention to the fulfillment of this Agreement, that this Agreement will not be assigned or sublet without the prior written consent of the Parties, and that no part or feature of the work will be sublet to anyone objectionable to the Parties. Wylie and Murphy further agree that the performance of this Agreement shall not relieve Wylie and Murphy from its full obligations to Plano and Alien as provided by this Agreement, XL ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Plano, Allen, Wylie and Murphy and supersedes all prior negotiations, representations and/or agreements, either written or oral between Plano/Allen and Wylie/Murphy. This Agreement may be amended only by written instrument signed by Plano,Allen and Wylie and Murphy. XIl'.NOTICES Unless notified otherwise in writing,all notices are required to be given to either Party in writing and delivered in person or send via certified mail to the other Party at the following respective addresses; Piano Representative: Allen Representative: CITY OF PLANO CITY OF ALLEN Director of Public Safety Chief of Pohce Communications Allen Police Department 1520 K Avenue,Suite 010 205 W_McDermott Plano,Texas 75074 Allen,Texas 75013 (972)941-7930 (214) 509-4200 Wylie Representative Murphy Representative CITY OF WYLIE CITY OF MURPHY 2000 Hwyn.78 North 206 N. Murphy Road Wylie,Texas 75098 Murphy,Texas 75094 X[II.AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officers and/or agents of the Parties hereto are the properly authorized officials or representatives and have the necessary authority to execute this Agreement on behalf of the Parties hereto. V.SEVERABILI Y The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law,such decisions shall not affect the remaining portions of the Agreement,. However, upon the occurrence of such event, either Party may terminate this Agreement by giving the other party thirty (30) days written notice. AGREEMENT PAGE 5 c:tdocuments and settinQsklehrae.planotmy documeatslpawm apreementhnatdoc(5-18-09) _ . . XV.VENUE This Agreement and any of its terms or provisions,as well as the rights and duties of the Parties hereto, shall he governed by the laws of the State of Texas. The Parties agree that this Agreement shall be enforceable in Collin County, Texas, and if legal and necessary, exclusive venue shall lie In Collin County,Texas. XVI.INTERPRETATION OF AGREEMENT Although this Agreement is drafted by Plano, this is a negotiated document. Should any part of this Agreement be in dispute,the Parties agree that the Agreement shall not be constructed more favorably for any of the Parties. XVII.REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one (1) or more instances of forbearance by either Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof XVIII.SUCCESSORS AND ASSIGNS The Parties each bind themselves, their respective successors, executors, administrators, and assigns to the other Party to this contract Neither Party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other Party. No assignment,delegation of duties or subcontract under this Agreement will be effective without the written consent of all Parties. EXECUTED on the dates indicated below: CITY OF ALLEN,TEXAS DATE BY: Peter II,Vargas City Manager APPROVED AS TO FORM: Peter G. Smith,City Attorney AGREEMENT PAGE 6 documents an seilingsktebraeVanokmy docurnentskpawm agreementfinaldoc(5-18-09) CITY OF WYLIE,TEXAS DATE BY: Mindy Manson City Manager APPROVED AS TO FORM: Courtney Kitykendall CITY OF.111* 'HY,TEXAS DATE By: James Fisher City Manager APPROVED AS TO FO .... CITY OF PLA740,TEXAS DATE BY: Thomas IL Muehleribeck City Manager APPROVED AS TO PO' Diane C Wethertiee,City Attorney AGREEMENT PAGE 7 cAdactiments and settingskdebrae.planciany dacttments‘pastvm agreement1inal,doc(5-11 ' ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 20 , by PETER H. VARGAS, City Manager for the City of Allen, Texas, a home-rule municipal corporation,on behalf of such municipal corporation. Notary Public,State of Texas STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 20 , by MINDY MANSON, City Manager for the City of Wylie, Texas, a home-rule municipal corporation,on behalf of such municipal corporation. Notary Public,State of Texas STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 20 , by JANIES FISHER, City Manager for the City of Murphy, Texas, a home-rule municipal corporation,on behalf of such municipal corporation, Notary Public,State of Texas STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of 20 , by THOMAS H. MUEI-FLENBECK, City Manager of the City of Plano, Texas, a home,rule municipal corporation,on behalf of such municipal corporation. Notary Public,State of Texas AGREEMENT PAGE 8 c:\documenls and setlingstdebrae.planalmy documentsipawrn aoreernentrinat tioc(5-18-09) AGREEMENT BETWEEN THE CITY OF PLANO AND THE CITY OF ALLEN FOR A JOINT RADIO COMMUNICATIONS SYSTEM FOR MUNICIPAL SERVICES This Agreement is made between the CiTY OF PLANO, TEXAS, a home- rule municipal corporation with the authorization of its governing body, (hereinafter referred to as "Plano"), and the CiTY OF ALLEN, TEXAS, a home rule municipal corporation with the authorization of its governing body, (hereinafter referred to as "Allen") as follows: WiTNESSETH: WHEREAS, Plano and Allen are political subdivisions within the State of Texas, and each is engaged in the provision of governmental services for the benefit of its citizens; and WHEREAS, the interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act") provides authority for local governments of the State of Texas to enter into interlocal agreements with each other for the purpose of performing governmental functions and services as set forth in the Act; and WHEREAS, municipalities owns and operates radio systems for the purpose of providing radio communications in support of its governmental operations; and WHEREAS, each of the municipalities has investigated and determined that it would be advantageous and beneficial to the citizens within its respective municipality to jointly operate a radio system; and WHEREAS, in order to provide dependable/mission-critical voice radio service for use by each of the municipalities and its respective users, Plano and Allen desire to enter into an Interlocal Agreement to provide a Joint Radio Communications System for Municipal Services (hereinafter"Joint System"); and WHEREAS, use of this Joint System will provide for system coverage for each city to ensure safe, effective and efficient communications, and benefit the greatest number of citizens both now and in the future; and WHEREAS, this Agreement will provide the framework for administering the Joint System, and the costs associated with implementation, maintenance and operation of the Joint System distributed among Plano and Allen. Interlocal Agreement Between the City of Plano and the City of Alien fora Joint Communications System Page 1 S:iRadiokAgreementstv2 interlocal agreement between alien and plano.doc EXHIB,IT 1127/2009 PAGE OF k ----- NOW, THEREFORE, Plano and Allen (hereinafter collectively referred to as "Party" or Parties"), for and in consideration of the mutual benefits and obligations set forth in this Agreement, agree as follows: 1. ADMINISTRATION OF THE JOINT COMMUNICATIONS SYSTEM 1.01 Coordinating Committee. Operation, administration and policy development of the Joint System shall be the responsibility of a Coordinating Committee, comprised of one (1) member from each City, appointed by the respective City Manager (hereinafter 'Coordinating Committee"). Additional ex- officio members may be selected by the City Managers to service on the Coordinating Committee and to assist the Committee, but shall have no voting authority. The Coordinating Committee's duties will be to make recommendations to the respective Parties' governmental bodies of system changes, upgrades, additional uses and any other aspects of the Joint System. Payment of Monies pursuant to the terms and obligations of this Agreement must be approved by the governing bodies or their designees of each of the Parties as required by their respective City Charters and ordinances Administrative decisions may be made by the Coordinating Committee as allowed under Section VII. and Section 1. § 1.02 1.02 Technical Committee A committee of technical personnel shall be selected to advise the Coordinating Committee (hereinafter "Technical Committee). Each City's Coordinating Committee member shall be able to appoint up to four (4) persons to serve on the Technical Committee. Technical Standards for the operation of the Joint System shall be developed by the Technical Committee and approved by mutual agreement of the Coordination Committee. Once approved, these standards must be compatible with existing equipment and may not violate any of the terms of this agreement or of any existing maintenance or hardware agreement, II. FUTURE EXPANSION OF THIS AGREEMENT 2.01 Parties to this Agreement. All third parties who are serviced by the respective radio systems of Plano and Allen at the time of signing of this Agreement may participate in the Joint System created by this Agreement. However, for purposes of this Agreement, including its intended operation and effect, the Parties specifically agree and contract that. (1) this agreement only InIerlocal Agreement Between the City of Plano and the City of Allen for a Joint Communications System Page 2 SARadialtAgreements1v2 Interlocal agreement between alien and plano,doc Exfo_rr 1/27/2009 PAGE OF Al affects the Parties hereto, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity not a party hereto, notwithstanding the fact that such third person or entity may be in a contractual relationship with Plano or Allen, either individually or collectively; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owed by them to any of the Parties or to create any rights for the benefit of third parties, unless expressly provided herein. 2.02 Addition of Users. Upon the approval of the Parties, this Agreement may be amended by written agreement so that additional users may utilize the Joint System under the terms and conditions acceptable to all Parties. In addition to any other obligations, any third party added to the Joint System shall also be required to pay a rate established by the Coordinating Committee, and if required by Charter or ordinance, approved by the respective governing bodies of Plano and Allen. OWNERSHIP INTERESTS OF THE PARTIES 3.01 Radio License Modification. Within ninety (90) days of execution of this Agreement, the Parties agree to make application to transfer their respective individually owned Federal Communications Commission (FCC) licenses to the City of Plano Radio Manager, for single entity titling, as required by FCC standards. 3.02 Hardware / Software. Each Party shall retain individual ownership of its respective hardware and software purchased prior to, or as a part of this Agreement. All communications and operating equipment owned by each Party will continue to be separately owned by such Party. 3.03 Recommendations regarding changes, upgrades, and maintenance costs for the Joint System will be made to the Coordinating Committee for joint resolution and policy determination. IV. FINANCING AND INFRASTRUCTURE COST SHARING 4.01 Each Party incurring costs has the sole responsibility to make payment to Vendors providing equipment and services for the Joint System to that Party, In no event shall any Party be held liable for debts incurred by any other Party as a result of expenditures made pursuant to this Agreement. interiocal Agreement Between the City of Piano and the City of Alien for a Joint Communications System WHOA, S:1RadiolAgreements1v2 interlocal agreement between alien and piano.doc PAGE OF 3 1/2712009 1 4.02 Full Time Radio Technician. Plano and Allen shall jointly fund a full time radio technician. The technician will provide programming service and maintenance of radios on the system. Plano shall provide the necessary office space, supplies, equipment and training for this technician. The salary and benefits cost for the technician shall be divided equally between the Cities of Piano and Allen. Associate members shall fund a second technician in a similar manner. The purpose of the second technician is to offset the costs of an annual maintenance agreement. The shared costs of the technician by the associate members are expected to result in a costs savings over the typical manufactures' maintenance agreement. The technician will be stationed at the City of Plano radio shop and assigned maintenance and repair tasks in a prioritized manner. The technician will also provide after hours call out service for the radio system and dispatch agencies. The technician will be on-call after hours, holidays and weekends for members and associate member agencies. 4.03 Comprehensive Maintenance Agreement for Equipment. The Parties agree that consistent with and to the extent allowed by all laws governing purchases made by municipalities, they will enter into one comprehensive subscriber unit maintenance agreement for the Joint System. Each Party shall pay its respective share of the cost of the maintenance agreement directly to the manufacture. The radio shop will provide shipping and receiving point for all agencies. This ensures proper programming, database maintenance and fault analysis trends. 4.04 Subscriber Revenue Fund. The Parties agree that there will be participants who receive beneficial use of the Joint System although not a party hereto. The Parties agree to charge participants a reasonable fee, as set by the Coordinating Committee, for this use and such fees shall be remitted to Plano for the benefit of the parties to this Joint Agreement. Plana shall establish a fund, which shall be used as recommended by the Coordinating Committee and approved by each Parties governing body. These funds shall be used to pay expenses associated with the operation of the joint radio system. Any additional monies or fees shall be used for repairs, upgrades or other enhancements to the Joint System. Pianos share of the fund shall be 2/3 and Allen will retain 1/3. 4.05 Associate Members. Any city who builds infrastructure such as a tower with communications repeaters and backhaul infrastructure connected to the Plano/Allen system will be considered associate members. Other cities may request to join the system in the future. Their participation will require approval by all owners and members of the radio system. Future members will be required to meet the minimum system requirements for site hardening, maintenance and reliability as defined by the system owners. Associate members are required to Interlocal Agreement Between the City of Plano and the City of Allen fora Joint Communications System EXIABIT S.\RadiotAgreementslv2 interlocal agreement between alien and plano.doc PAGE 1I27/2009 OF, `3•, support the existirig radio system infrastructure by participation in funding the joint system technician. Associate members may avoid the monthly airtime and talk group charges However, this benefit includes only the city and its internal departments Agencies who may choose to migrate aiong with an associate member are required to pay airtime or monthly fees. intertocal Agreement Between the City of Piano and the City of Allen for a Joint Communications Systerri P. S IRad;otAgreementsW2 intertocal agreement between alien and plano,dec :IT 1/27/2009 PAGE .5- OF k 3 V. JOINT SYSTEM USE AND STANDARDS 5.01 Rules. To maintain an effective and safe system, the following rules shall apply: a. Talk groups. A talk group is comparable to a "channel" used on a conventional system. The term "talk group' shall mean a group of radio users in a common functional responsibility that transmit and talk among themselves. The number of talk groups that each Party to this Agreement may maintain shall not exceed fifteen percent (15%) of the total number of their respective subscriber units as hereinafter defined. For example, a city with 50 subscriber units shall have no more than 75 talk groups. The number talk groups used by third parties shall be determined by the Coordinating Committee. b. Subscriber Units. Subscriber Units are individual radios. There shall be no limit on the number of Subscriber Units that any of the Parties utilize on the Joint System. c. Equipment. No Party shall purchase, install or use equipment on the Joint System, unless such use is approved by the other parties in writing. If at the time of signing of this Agreement, any Party hereto does not have fully type-accepted equipment, such Party shall replace such nonconforming equipment with conforming equipment. All subscriber units shall be equipped with P-25 phase 1 or phase 2 digital architecture. Additionally, agencies may request subscriber units that are backwards compatible to Motorola Privacy Plus Smartnet systems for interoperability with other agencies. d. Patching. Cross connecting or patching of radio, talk groups to talk groups or channels on other radio systems shall be done only as necessary for a specific event or emergency. Continuous patching to other systems or agencies requires the prior written approval of the coordinating committee. 5.02 Joint System Priorities. The Parties agree that radio transmission for the Joint System is as follows from highest to least priority: fl. 1. Emergency Activation 2. Community Warning Systems 3. Police/Fire/EMS 4. Non Public Safety— Special Events 5. Non Public Safety—Schools Interlace;Agreement Between the City of Plano and the City of Alien for a Joint Communications System PENT€ S.\RRadio1Agreements\v2 intertocal agreement between alien and piano.doc 1/271200g PAGE 6-4-7- _I ` 6. Non Public Safety VI. ACQUISITION/DISPOSITION OF ASSETS Assets acquired under this Agreement by each Party must be acquired and disposed of in accordance with applicable law and the Parties' respective City Charters. Proceeds for assets shall be divided in accordance with the same procedure required for cost sharing applied to the parties at the time the asset was acquired. For example, each Party shall receive a percentage of the proceeds. The percentage received by each Party shall be based upon the amount of money paid by such Party individually after the initial investment identified in this Agreement. This amount would be proportionate to the total amount of money paid by the Parties after such initial investment, Each Party paying for assets to be acquired or making any type of payment pursuant to this Agreement shall make such payments from current revenues legally available to that respective Party. VII. SYSTEM MANAGEMENT AND OPERATION The City of Plano shall perform the day to day operation and management of the Joint System. Policies and procedures for specific management issues shall be pre-determined and approved by the Coordinating Committee. The Coordinating Committee shall make all decision regarding matters other than the day to day operation and management of the Joint System. VIII. TERMINATION OF THE AGREEMENT This Agreement shall be automatically renewed annually for a period of ten (10) one year terms in order to allow each Party the opportunity to recover their investment, unless terminated earlier as provided herein. Should circumstances exist that require one or more parties to terminate this Agreement, then such termination shall be with the following conditions: This Agreement may be terminated upon one (1) year written notice from the Party seeking termination to the other Party. Upon termination, the Party terminating shall be entitled to seek an FCC license with the same frequencies which the Party had prior to the execution of this Agreement. Reimbursement — The Party terminating this Agreement shall reimburse the remaining Parties for investments made during the period of this Agreement interlocal Agreement Between the City of Plano and the City of Men for a Joint Communications System �' S.tRadiolAgreementslv2 interlocal agreement between alien and ptano.doc 1/27/2009 PAGE '`► QF for the Joint System by repaying a percentage of the investment attributable to the upgrades provided to the Party seeking termination. a. Upon termination occurring during years 1 through 4 of this Agreement, the terminating Party shall reimburse the Joint System for 75% of the investment, i.e., enhancements, upgrades and other expenditures attributable to the use of the Joint System by the terminating Party up to the date of termination.. b. Upon termination occurring during years 5 through 7 of this Agreement, the terminating Party shall reimburse the Joint System for 50% of the investments, i.e., enhancements, upgrades and other expenditures attributable to the use of the Joint System by the terminating Party up to the date of termination. c. Upon termination occurring during years B through 10 of this Agreement, the terminating Party shall reimburse the Joint System for 25% of the investments, i.e., enhancements, upgrades and other expenditures attributable to the use of the Joint System by the terminating Party up to the date of termination. IX. RELEASE AND HOLD HARMLESS Each of the Parties does hereby agree to waive all claims against, release, and hold harmless the other Party and their respective officials, officers, agents, representatives, and employees, in both their public and private capacities, from any and ail liability, claims, suits, demands, losses, damages, attorneys fees, and costs, including all expenses of litigation or settlement, or causes of action which may arise by reason or injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with the acts or omissions of their respective officials, officers, agents, representatives, and employees related to or arising out of the performance of this Agreement. In the event that a claim is filed, each Party shall be responsible for its proportionate share of liability. The Parties agree that each shall be liable only for damages, including attorneys fees and costs, related to or arising out of the intentional or negligent act or omission of their respective officials, officers, agents, representatives, and employees in the performance of this Agreement. X. IMMUNITY it is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising interlocai Agreement Between the City of Piano and the City of Allen for a Joint Communications System s:\RadiolAgreementslv2 intertocal agreement between alien and piano.doc 1/27/2009 PAGE OF 13 in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Xl. ASSIGNMENT AND SUBLETTING The Parties shall not assign, sublet, subcontract or transfer any interest in the Agreement without the prior written consent of the other Parties. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the Parties. XII. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Plano and Allen and supersedes all prior negotiations, representations and/or agreements, either written or oral with regard to the subject matter hereof. This agreement may be amending and modified only by written instrument signed by all Parties. XIII. NOTICES Unless notified otherwise in writing in accordance with this section, all notices required to be given to any Party hereto shall be in writing and delivered in person or sent by certified mail, return receipt requested, to the respective Parties at the following addresses: Allen Representative: Plano Representative: Chief of Police Director of Public Safety Allen Police Department Communications Three Allen Civil Plaza 1520 K Avenue Allen, Texas 75013 Plano,TX 75086 (972) 727-0200 (972) 941-7930 XIV. AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto. Plano has executed this Agreement pursuant to duly authorized action of the City Council on Interiocal Agreement Between the City of Piano and the City of Allen for a Joint Communications System SARadioltAgreernents\v2 interlocal agreement between alien and plano.doc 1/27/2009 PAGE 1 OF V3 . Allen has executed this Agreement pursuant to duly authorized action of the City Council on XV. SEVERABILITY The provisions of this Agreement are severable. If any paragraph. section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, any Party may terminate this Agreement by giving the other Parties thirty (30) days written notice. XVI. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the Parties hereto, shall be governed by the laws of the State of Texas. The Parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas; XVII. INTERPRETATION OF AGREEMENT This is a negotiated document. Should any part of this agreement be in dispute, the Parties agree that the terms and provisions of this Agreement shall not be construed more favorable for or strictly against any Party. XVIII. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by any Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIX. SUCCESSORS AND ASSIGNS Inter-focal Agreement Between the City of Plano and the City of Allen for a Joint Communications System pa SARadiolAgreementsW2 interlocal agreement between alien and plaradoc 1127/2009 PAGE OF, The Parties bind themselves, their respective successors, executors, administrators and assigns, to the other Parties to this contract. References in this Agreement to Plano and Allen whether individually or collectively, includes the successors and assigns of each of the respective Parties. XX. DISPUTE RESOLUTION In the event of a dispute regarding any aspect of this Agreement, the Coordinating Committee shall act as mediator. If the Coordinating Committee is unable to agree on a resolution, then the issue shall be referred to a joint meeting of the City Managers of each of the Parties, If the matter continues to remain unresolved after this process, the Parties shall refer the matter to outside mediation for resolution prior to engaging in litigation. XXI. GOVERNMENTAL FUNCTION The Parties have determined by their execution of this Agreement that this Agreement and the obligations of the Parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation Act, and participation in this Agreement by one Party shall not be construed as creating any kind of agency relationship, partnership, or joint enterprise between the Parties. XXII. HEADINGS The headings of this Agreement are for convenience of reference only and shall not affect in any manner any of the terms and conditions of this Agreement. XXIII. DUPLICATE ORIGINAL DOCUMENTS This Agreement will be executed in two identical counterparts, each of which shall be deemed an original for all purposes. EXECUTED this day of , 2009. CITY OF PLANO, TEXAS BY: Thomas H. Muehienbeck lnteriocal Agreement Between the City of Plano and the City of Men for a Joint Communleatuons System Paoe 11 s:\RadiolAgreements1v2 inter-local agreement between alien and piano doe Ekon. 1127/2009 PAGE J / ,OF k 3 City Manager APPROVED AS TO F ORM: Diane r , CI ATTORNEY CETY OF , TEXAS BY: Name: Title: APPROVED TO FORM: interfacial Agreement Between the City of Piano and the City of Allen for a Joint Communications System Page 12 S tRad reementslv2 interlocal agreement between atten and planaidoe EXHIBIT 1127r2 PAGE / 2 • ACKNOWLEDGMENTS STATE FT ) COUNTY F COLLIN } This instrument was acknowledged before me on the day of , 2009, by THOMAS H MUEHLENBECK, City Manager of the CITY L , TEXAS, a home-rule municipality, on behalf of such corporation, Notary lic, State of Texas STATE COUNTY OF COLLINy This instrument was acknowledged efore me on the y of ® by , of the ITY OF ALLEN, TEXAS, a home-rule municipality, on behalf of such unicipality. Notary u lic, State of Texas Interlocal Agreement Between the City of Piano and the City of Allen for a Joint Communications System Page 13 S adi ements\v2 interlocal agreement between a:len and plano.doc ExHIBIT r 1/27/2009 PAGE f ,�iOF Wylie CityCouncil cTY 0 - Y i AGENDA REPORT Meeting Date: May 14, 2019 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: April, 22, 2019 Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, a Replat for Railroad Addition Block 13 Lot 1R; Being a Replat of Lots 1 B, 2B, 3B, 4, and 5, Block 23, establishing one lot on 1.479 acres, located on the northeast corner of Oak Street and 5th Street. Recommendation Motion to approve a Replat for Railroad Addition. Block 13 Lot IR; Being a Replat of Lots 1B, 2B, 3B, 4, and 5, Block 23, establishing one lot on 1.479 acres, located on the northeast corner of Oak Street and 5th Street. Discussion OWNER: Tommy Reuthinger APPLICANT: Helmberger Associates, Inc. The purpose of the Replat is to combine five lots to establish one lot on 1.479 acres for the purposes of a multi-family development. The property is zoned Multifamily (MF) and a site plan for a two building, 22-unit development was approved by the P&Z Commission in April 2019. The lot meets the one-acre minimum for a multi-family development. The plat dedicates necessary fire lane, access, and utility easements. A final plat will be submitted when utility and flatwork is completed. The existing structures shown on the plat will be removed during development if the site plan is approved. The plat is technically correct and abides by the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. Notification/Responses: 23 notifications were mailed; with one response returned in opposition and no response returned in favor at the time of posting. P&Z Commission Discussion The Commission voted 5-0 to recommend approval. Page 1 of 1 ..-- w , § sRIO P MMAINM wrvn;F�r;ry § 1 ury wmvoa�..t.,E 1 § ow.rr a.„a.TM.yE aw. anti%or r M wer mo my zww Marble Street 7 a"° m °.w rener n yar...n."y onw rvn s., xrervmnmcEr<m �" ,Hwa..;re+Hare '" n n,Z't ..y rru o n hncry vn '°<"- r< n n<w<nrm m <c ren<a. rMm.w tie some w <a a pum aJecs"w' _ ——� w<.mm cev s<"u o „e„s„„s,rvam wo sent or :tee_.mr or „Is a nm nw mie of,ems vmmm�4e xnge iota aru<hm e I a Z,,ew nnn u w<wa rvoiu n�mn."a m¢pea'x"ome"..mr ror mmar^n nry n i�in nn m n^^roc"Po w'ro --- $ m s"a uww.tract a.a iM noenren cornea"r<"ia'�snr-ors"r)ane mcrv.ng ure nonmm� r r ue.ourn ngnr-ar-.my�me"r ramie xre<r(wu<a�a nanex 1 a<ea a n m" "er h mI min°;',:,�a o e"..<w 'n in<t=im<d w;xe rewmmuiaa rm rpm n� a i ,.I-Y / V o Y ."u ry comm""w Dore i -- nor,u.�o„r 1 a a,e<�m e<ynn�"n n� a�.hn AZIne r«r<, n„m ��e �mree rem _._""—ra..-.—•—•-- W. nwrvere.«dart '"^ mom ror"tt""' t. wurvn cr aum § rvow,xwcrou xxew tit'A"""'"aaE";". rexccx _ x �p .we+tm m rme. q - 'trenxs no X. 1 ';� mrnx w i /LOT 1R QI k13 -1n — n " aarss .rcF r } - /"„ crrenr go,° e, x 9 1 • 4 ire" r Preliminary Plat f [ L „„ Lot IR,Block 13 =r.,.;e § Railroad Addition Wry �ury § ""°' ,„„ =`'n m.rea re< 6.1415Squarc Feet or 1.479Acres "mA,t m ;��ae.re>nne,".rvm nrm.�»,n m>< �,+<rcnn.em<n+m> "- 0.^^" °m"a m' m° being aReplatofAartsofLofs1,Z&3,Block 13 m „ _ µ ""°" '"° "' "< a"y"` °" and all of Lot 4&5,Block 13 _ Railroad Addition "�Y 'wet ,..: Oak Street rUlt.r,,,r''' James Truett Survey,Abstract No,920 „ City of Wylie,Collin County,Texas „ March 2019 -.ten v eMMIM E +...m SITE �� _ aw .,. E-e ... a a t� _ Roome W e rx "°"' I"nn=a . Land VICINITY MAP ci e.. "` w Surveying �,,.a unr ena,o.nrl reeg<o�aen<e� mnne.nnn nn� ��rwo., i� N.TS. � .. .„<. .°v mm/r,n rc„reoi3vu, Wylie CityCouncil ciTY Y AGENDA REPORT Meeting Date: May 14, 2019 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: April, 23, 2019 Exhibits: 4 Subject Hold a Public Hearing and consider, and act upon, a change of zoning from Single-Family 10/24 (SF-10/24) to Commercial Corridor (CC), for commercial purposes on one acre, located at 110 College and 406 S. Jackson. ZC 2019- 03 Recommendation Motion to approve a change of zoning from Single-Family 10/24 (SF-10/24) to Commercial Corridor (CC), for commercial purposes on one acre,located at 110 College and 406 S. Jackson. ZC 2019-03 Discussion Owner: John Yeager Applicant: John Yeager The applicant is requesting to rezone two lots of approximately 0.38 acres and 0.19 acres located at 406 South Jackson Street and 110 College Street,respectively. The reason for the requested zoning is for marketing and future development as commercial. No site plans or other development requests have been submitted at this time. The property is generally bordered by commercial to the north and west, mixed-use to the east, and single-family to the south. The current uses of adjacent properties are commercial office, multi-family, single-family,worship, and vacant. The requested zoning is compatible with the Comprehensive Master Plan in which the properties are in the Urban Core Sector allowing for commercial and mixed use. Notification/Responses: Twenty-one notifications were mailed; with one response returned in favor and no responses returned in opposition. 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ATIONAL. 4, ;AN K . .«.. ...__. _._...m m s ..0.•• ,/ i 1 400 \ .i • i 403 1 •�i�i�i�i�i�i�i�i�i�i�i�i I E ♦�������������������0� I f I ��i�i�i�i�i�i�i�♦�i�i�i�LU I I #1 0 •iii♦iiiiiii� I CO iCOLLEGE ST t i i co 1 it € 0 r i 1 I w 0 ` I . l yy P 4% • 14,0 .,.,,. ... kd IIVIr b„R�; ,i" 501 t '�µ�+0 a... >.....,, ..,,,. yR+ ... .,...,...- I ".*.re.......r. .r.l.* l.4. .IR..w.a...w. ,..._.. ,ry...I J i i .�... A�,..IP AXtl.1R.M1.Y 11.tl-M]IYI.M ( ii e..m �..� ,.. Q4 �. . .., 50,E r.. 5 N1 It .,. 1 1 1 , ZC 2019-03 �if'r� — - — ' I VI/200 Foot Notifcation Buffer ����������� Subject Property ,,,"y qrt I 0 40 80 160 240 320 400 Feet WY L I E -' ..?„,.:, Ai1 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 V I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2019-03. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2019-03. Please feel free to contact Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 16, 2019,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 14,2019,6:00 pm Municipal Complex.300 Country Club Road,Building 100,Wylie,Texas Name: 7A✓r0 (.. 024.4441 (please print) Address: poi 3 ., ,��' ,/2rfi.t1e✓fA•-/ Tir a4/o, . II)'AiEc7$1298 Signature: da4.44/ e c77- Date: -+i//0/'i COMMENTS: Wylie CityCouncil ciTY Y AGENDA REPORT Meeting Date: May 14, 2019 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: April, 23, 2019 Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, a change of zoning from Agricultural-30 (AG-30) to Planned Development-Single Family (PD-SF), to allow for single-family development, not to exceed 57 residential lots on 16.52 acres, located at 2605 E. Stone Road. ZC 2019-05 Recommendation Motion to approve a change of zoning from Agricultural-30 (AG-30) to Planned Development-Single Family(PD-SF), to allow for single-family development, not to exceed 57 residential lots on 16.52 acres, located at 2605 E. Stone Road. ZC 2019-05 Discussion Owner: East West Development Group,LLC Applicant: Joseph Gampper The applicant is requesting to rezone a 16.52-acre property located on East Stone Road from AG/30 to a planned development to allow for a single-family development of no more than 57 residential lots and five open space lots. The property currently contains a single-family home and was annexed into the City in 2014. The property is generally bordered by low-density properties outside city limits to the east and west. A utility property to the north also outside city limits. And a planned development residential property to the south,located within city limits. As presented, the minimum lot area would by 6,900 sqft not to exceed 30 lots, and the remaining 27 lots at 7,500 sqft. All homes will be a minimum of 2,000 sqft with an overall maximum density of 3.45 lots per acre. For comparison, the Planned Development directly to the south is 160 lots on 45.57 acres (minimum 7,200 sqft lot and 2,000 sqft home) for an average density of about 3.51 lots per acre. Some differences between the proposed development standards (Planned Development, Exhibit B) and city standards include but are not limited to: Proposed Current City Standards 6,900 sqft lot minimum 10,000 sqft lot minimum 60 sqft lot width 75 sqft lot width minimum 2,000 sqft min. dwelling 2,400 sqft min. dwelling 20 ft front setback 25 ft front 5 ft side setback min 10 ft side 15 ft rear setback min 25 ft rear Page 1 of 2 Page 2 of 2 60% lot coverage 45% lot coverage garages (400 sqft minimum) 500 sqft minimum elevation repetitions (5 minimum) 7 Minimum 80% masonry exterior 100% masonry exterior Minimum 2 car garage (appx 400 sqft) Minimum 500 sqft (include 100 sqft for storage) Based on the Concept Plan (Zoning Exhibit-B) & Overall Master Plan (Exhibit C) approximately two acres of usable open space would be provided. The open space and all improvements were recommended for approval by the Parks Board in January 2019. Should the zoning be approved the applicant will submit a preliminary plat for consideration before any development can begin. The zoning requested is generally compatible with the Comprehensive Land Use Plan. The area is designated as Suburban, which generally supports low to medium density residential or very low density commercial in support of a neighborhood. Notification/Responses: 39 notifications were mailed; with one response in favor of the request and one form in opposition representing five properties returned at the time of posting. P&Z Commission Discussion Three property owners addressed the Commissioners with concerns of drainage and adequate road access. The Commission voted 4-1 to recommend approval. Locator Map T RD WYLIE ETJ ���.���� v � , ri eWay ab ,,��i44).. ,; I 2301 0 30:p30'P 3Gn9t 311,'313r34523.f 319'321J �325 32 '3,.J�7S ii`3'3'.k 3"3 ( ' m� ul/ ITNE LN ��. 417 zi�s ;� ,' H �Y -g, 2302{304g30yn .t0 3'10 31431 _ E 249AE.,� ,,/;/ ,., +/J41 b�.,��!�r- L l .�.. 4 Zt6 31€R�32(132 23�4�3t0 2A'f i5 / 1 r 2301',103 305 ..M.. 414 ,�� .,...2d15 ...,.,r� 1�...44 41' 'n �24t3� �'90P 300,3i'1 w.31i1395'pl7,2'31'' 2td 4 3 py 203 2209 ' / 2 i2 x,�'4' ` z413 2424 �'� z 11 TOUCHSTONE RD 250 ` ��.. �`zsf1�E�,j2es3f1E � �� ��LN z 1 2407 ��' � � t 2405 a n ' n j 2 304 30E 308 2,, r12 i p 31,7,.;0 P—/270$ 1 CL' 240 14U5 1Q 5202 ' i' 2406'1' r i Q I (..� 2403 24@2 7 14f1w" - ` Qi200 ._.._ .....I_.-._. i 240fn ... 2403 ' i „� nc t 203 ?404 L409. 240,E t �FC404 Z40S"!� 0 .. s r 240 ., Za105 LM1fif 2 Z403 1 2402 I..., Z"4 2 f 21402 �_.240i il— _1 2401 ..1 �`1i_._._z _ f t 303.30 230= 9 0311 231123'15 _ �.r _ J 2400 ._. �.._. .UfB30 Q <400 2401 1 ,23 2400�1 1ROl 2407 ± _RA <... _..� 300 0< _,_.23011^,2wi0tl ARID WAY J L ...... .... ..... .L + 1 .. , �,.. 204220EJ2"20&?210l22"E'1� 230Q _. __, __ 2400 I.3't0 �14I313tx7i�S226 32233 33J34`�33E�233t3'\� t 1 2 2_ A ��©� i ZC 2019-05 - t ,r ,r >hf I 3„ 9 r it=r, 1111 ��������� Subject Property INI a ` t y�o ,p„,„ ,:„,,:,:,,,:,,,4 IlLr77; 'ji & 1 I 0 155 310 620 930 1,240 1,550 CITY OF N - - WYLIE ,� z 11 Feet EXHIBIT A LEGAL DESCRIPTION 16.48 ACRES BEING A TRACT OF LAND SITUATED IN THE FRANCISCO De La PINA SURVEY,ABSTRACT NO. 688, IN THE CITY OF WYLIE, COLLIN COUNTY,TEXAS, BEING ALL OF THAT SAME TRACT OF LAND CONVEYED TO ROBERT KREYMER BY DEED RECORDED IN VOLUME 2967, PAGE 275 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT,A 3/8 INCH IRON ROD FOUND FOR CORNER IN THE APPROXIMATE CENTERLINE OF E. STONE ROAD, SAID POINT BEING THE NORTHEAST CORNER OF GRAYHAWK PARK AN ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY,TEXAS BY PLAT THEREOF RECORDED VOLUME 2017, PAGE 760, (OPRCCT) OF THE OFFICAL PLAT RECORDS OF COLLIN COUNTY,TEXAS, SAME BEING THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT; THENCE, NORTH 89 DEGREES 45 MINUTES 00 SECONDS WEST, DEPARTING THE APPROXIMATE CENTERLINE OF SAID E. STONE ROAD AND ALONG THE NORTH LINE OF SAID GRAYHAWK PARK,A DISTANCE OF 1339.03 FEET TO A POINT FOR CORNER, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO GARNER KOCH BY DEED RECORD IN VOLUME 5733, PAGE 2432 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS SAME BEING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT; THNECE, NORTH 00 DEGREES 11 MINUTES 37 SECONDS EAST,ALONG THE EAST LINE OF SAID KOCH TRACT,A DISTANCE 534.31 FEET TO A% INCH IRON ROAD FOUND FOR CORNER,SAID POINT BEING THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO FARMERS ELECTRIC COOPERATIVE, INC. BY DEED RECORDED IN FILE NO. 97-0011471 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS,SAME BEING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT; THENCE,SOUTH 76 DEGREES 12 MINUTES 14 SECONDS EAST,ALONG THE SOUTH LINE OF SAID FARMERS ELECTRIC COOPERATIVE, INC.TRACT,A DISTANCE OF 418.93 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER,SAID POINT BEING AN INTERIOR ELL CORNER OF HEREIN DESCRIBED TRACT; THENCE, NORTH 13 DEGREES 57 MINUTES 23 SECONDS EAST, CONTINUING ALONG THE SOUTH LINE OF SAID FARMERS ELECTRIC COOPERATIVE, INC.TRACT,A DISTANCE OF 235.03 FEET TO A 1/2 INCH IRON ROD FOUND FOR CORNER, SAID POINT BEING AN INTERIOR ELL CORNER OF SAID FARMERS ELECTRIC COOPERATIVE, INC.TRACT; THENCE,SOUTH 76 DEGREES 12 MINUTES 14 SECONDS EAST, CONTINUING ALONG THE SOUTH LINE OF SAID FARMERS ELECTRIC COOPERATIVE, INC.TRACT,A DISTANCE OF 900.77 FEET TO A POINT FOR CORNER IN THE APPROXIMATE CENTERLINE OF SAID E. STONE ROAD,SAID POINT BEING THE SOUTHEAST CORNER OF SAID FARMERS ELECTRIC COOPERATIVE, INC. SAME BEING THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT; THENCE SOUTH 00 DEGREES 08 MINUTES 17 SECONDS WEST, ALONG THE APPROXIMATE CENTERLINE OF SAID E. STONE ROAD,A DISTANCE OF 453.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 717,930 SQUARE FEET OR 16.48 ACRES OF LAND. EXHIBIT "E" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE NO. 2019-05 I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 - Planned Development— Single Family (PD— SF) Lot Size (Minimum) Lot Area (sq. ft.) 6,900(not to exceed 30 lots) 7,500 (remaining 27 lots) Lot Width (feet) 60' Lot width of corner Lots (feet) 65' Lot Depth (feet) 100' Lot Depth of Double Front Lots (feet) 110 Dwelling Regulations (Minimum Square Footage) All Homes will be a minimum of 2,000 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements—Main Structures Front Yard (feet) 20 Side Yard(feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard(feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 60% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 57 lots maximum density 3.56 lots per acre. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required within the Planned Development. 5. Developer shall install a screening wall where lots back or side to Stone Road with a 5 ft. side walk back of curb. 6. Lots which back onto park land shall provide a decorative tubular steel fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 7. Open space, drainage easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 8. Maintenance of the Open Space Area Maintenance of the open space area will be the responsibility of the homeowners' association (HOA). Developer will be the contact entity with the City for all concerns regarding maintenance of open space until 100% of HOA control is turned over to the homeowners. A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 9. In lieu of park fees developer will dedicate open space and park improvements as shown in Exhibit C. 10. Open space areas, public hike & bike trail and park improvements shall be installed and accepted by the City prior to the issuance of a certificate of occupancy for any dwelling unit. IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Zoning Exhibit and the following criteria: 1. Provision of Public Pathways - Public Open Space a. Base Standard (1) Trail shall be constructed per the Zoning Exhibit by the developer to the City's standards and completed before the subdivision to be accepted by the city engineer. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access Street Subdivision Development Public Open ... Space Easement Open Space � �• t . b. Desirable Design Attributes Single-loaded Street along open space and access per Zoning Exhibit. 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Zoning Exhibit and coordinate improvements with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Zoning Exhibit. The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Milaokberry Green Ash Aticilioana JAM Mulberry Syttnnwood B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Divided Enhanced Entry, Decorative iron accent panels or 2 or more R`. \ , \\ w\"J"» "ll`\\ \`>` »\1)\l�.•e�bSr1'a�`;1\\\.\1`itt»JJ �•\»p'�^ `\\ \\'�'�Z;�'2;�'Znl 4,t tYk t»} te,, .»�* } }? \ 31i4� .,t ` {�3r s'. YtSt. 'i .,.tat �� £4t`} �\ .',�`�52�«Vic,,.'"r;� 5^i?\.. 1 S s "4. .i \ s,4''\a','aZS\`is""a \, :. xYt\ ,lxt 'Jsh`�``.st �� "�,,, »12..,,,,rt,n»4 "' .c,,, s,,, ,t 1. ,� ��\«3 �, 4,� ,l�., ��� 4.� S .sir fat s, ) `.,'i ,.. „>s„a.`:'� tt�?,cva '.1{i � 3sT,l ?,a:s1 4", -." t'a, 4,r.s 4 11 t }t 3 ''sty; t o �~ `} sci r re St'`€7{{1km.1`» +-. : r, `s r C �.r f s t *, , at ,SS 1; r t4s � f s<tl 7}S t a t \s `>Fs t o 4 tsr�,a::"',,a 4{ 'a s tz44414�„a ;ss? },t , ` �s�� t 'i ss i�trta t *,m .,,v, ,,',014, ' s�� r^ tl i {�s ist » a rr yg1 ,. t rs '44 RI i 44 M' itt , V , 0 r m x rnl �'&u '„ cri u" 4r In �p leigig ^ Y r I �`' ; s '�a h„ .•...K aa, I 2. Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. 3. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: 5' Sidewalk along Stone Road. 4. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. 74.4 { 1 yen• 5. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the façade shall be offset a minimum of 2 foot either protruding from or recessed back from the remainder of the façade. 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., but not 20% siding, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. 4. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone, matching the accent exterior façade materials of the house for houses with Chimneys. 5. Roofs and Roofing-Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, douiiers or a combination of hip and gable roofing. 6. Roofs and Roofing - Roofing Materials a. Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. 7. Roofs and Roofing-Roof Eaves a. Base Standard No wood fascia or soffits are peiinitted. rY r w . rr a 4Y�. .., � 1"*y b dV+i,aya, a'A���� ✓n r � v Y� \ a- � w�i ��f 12:12 1c012 rvInimurn Roof c1 NPitchAllowe ! 8.12 512 t_12 8. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of five (5) platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. L.��. .J.J_.L.L1.J_.J_.L.t_1_..J.J-._ 't-1'-I - T' i-'i-i'T'T''l pK i r-I T'T'' NO 7 6 5 4 3 2 1 1 2 4 15 16 17 ' l ( I I I ( I 3 LO S SKIPIf ED OPIJOSITE�IDE OF STREET. • • • 7 I 5 LOIS KIP ED SAMDE'�EET 1 2 3 4 5 , 6 7 NO_. _ rrr .r.• ._ I °K 1 I I I 1 1 OK 1 I 1 1 1 1 1 T"T"T'T-1�"T'T"T"1-1'�-'T'T"--r" Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. 9. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 2 car garage. 10. Dwelling Size a. Base Standard The minimum square feet of floor space shall 2,000 s.f. , measured within the outside dimensions of a residential dwelling unit including each floor level,but excluding carports, garages, and breezeways. 11. Fencing a. Base Standard (1) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (2) Pressure treated wood is prohibited. (3) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. 12. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 13. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front façade and drive/garage shall be illuminated by coach lights on each side of the garage and front yard activity area illuminated and wired to the interior of the house. 14. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. EXHIBIT A LEGAL DESCRIPTION 16.48 ACRES BEING A TRACT OF LAND SITUATED IN THE FRANCISCO De La PINA SURVEY,ABSTRACT NO. 688,IN THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,BEING ALL OF THAT SAME TRACT OF LAND CONVEYED TO ROBERT KREYMER BY DEED RECORDED IN VOLUME 2967, PAGE 275 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT,A 3/8 INCH IRON ROD FOUND FOR CORNER IN THE APPROXIMATE CENTERLINE OF E. STONE ROAD, SAID POINT BEING THE NORTHEAST CORNER OF GRAYHAWK PARK AN ADDITION TO THE CITY OF WYLIE,COLLIN COUNTY,TEXAS BY PLAT THEREOF RECORDED VOLUME 2017,PAGE 760,(OPRCCT)OF THE OFFICAL PLAT RECORDS OF COLLIN COUNTY,TEXAS, SAME BEING THE SOUTHEAST CORNER OF HEREIN DESCRIBED TRACT; THENCE,NORTH 89 DEGREES 45 MINUTES 00 SECONDS WEST,DEPARTING THE APPROXIMATE CENTERLINE OF SAID E. STONE ROAD AND ALONG THE NORTH LINE OF SAID GRAYHAWK PARK,A DISTANCE OF 1339.03 FEET TO A POINT FOR CORNER, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO GARNER KOCH BY DEED RECORD IN VOLUME 5733,PAGE 2432 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS SAME BEING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT; THNECE,NORTH 00 DEGREES 11 MINUTES 37 SECONDS EAST,ALONG THE EAST LINE OF SAID KOCH TRACT,A DISTANCE 534.31 FEET TO A'/2 INCH IRON ROAD FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO FARMERS ELECTRIC COOPERATIVE,INC. BY DEED RECORDED IN FILE NO. 97-0011471 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS, SAME BEING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT; THENCE,SOUTH 76 DEGREES 12 MINUTES 14 SECONDS EAST,ALONG THE SOUTH LINE OF SAID FARMERS ELECTRIC COOPERATIVE,INC. TRACT,A DISTANCE OF 418.93 FEET TO A'/2 INCH IRON ROD FOUND FOR CORNER, SAID POINT BEING AN INTERIOR ELL CORNER OF HEREIN DESCRIBED TRACT; THENCE,NORTH 13 DEGREES 57 MINUTES 23 SECONDS EAST,CONTINUING ALONG THE SOUTH LINE OF SAID FARMERS ELECTRIC COOPERATIVE,INC. TRACT,A DISTANCE OF 235.03 FEET TO A'A INCH IRON ROD FOUND FOR CORNER, SAID POINT BEING AN INTERIOR ELL CORNER OF SAID FARMERS ELECTRIC COOPERATIVE,INC. TRACT; THENCE, SOUTH 76 DEGREES 12 MINUTES 14 SECONDS EAST,CONTINUING ALONG THE SOUTH LINE OF SAID FARMERS ELECTRIC COOPERATIVE,INC. TRACT,A DISTANCE OF 900.77 FEET TO A POINT FOR CORNER IN THE APPROXIMATE CENTERLINE OF SAID E. STONE ROAD, SAID POINT BEING THE SOUTHEAST CORNER OF SAID FARMERS ELECTRIC COOPERATIVE,INC. SAME BEING THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT; THENCE SOUTH 00 DEGREES 08 MINUTES 17 SECONDS WEST,ALONG THE APPROXIMATE CENTERLINE OF SAID E. 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(Fi6'x115'Ty,p.Lot) C,X,§.PEN PRE WHITNEY LANE r EXHIBIT C RifY E AT THE PA t ► OVERALL MASTERV a -�� I "�[ CE a a _ ' W - A Ksg.S., m ,.. .�... Notification Map . �• WYLIE.L ))I • • * •—•*��N� . ©rf v `• •�'� • **********�`�.. a way •�'\ • • ♦��������������������������������������������������������♦ 1 *************************************************j***************************************************************4►� 1 ♦************************•********************************* 1 j ♦********************** ***♦*************•***************** • L t 2'341 \2303 �23413 €23f17,'2'309 23'€11. ;7313 2315 2317 2319 2321 12",,f23 12329 123,,r7 2329 233 12'333 i4233f6 • { 1 •.� n�' WHITNEY LN ! 7 J �_ ._"� �� 4 . •�.... � *� •�- � i 4i ' �'1z � t36�5"Ir � Q_.1St . - I I 1 aArtt_ . I. i 2;b04 d'©3 231 v31¢ lSb 4" 3 2 -rszas— Q � �z3�1 � 2s11 i� f 2k9 R 2419 1 .' �� t " 2303 2305 2397 234);3 :313 ,2315 231 T 1 2'319 2-414_..___.. z4a� 243� 1 , 1 , � Z 2400 2407 e41"A 23 d1U4 BOB SANDLIN i N i I f 2410 Ct 2393 ©2 231DG 2:C63 2310'2312 I 2314. 2319 231} 1 ! 1 ZC 2019-05 t - cz :- 1 1 200 Foot Notifcation Buffer ��*�*�*�*�� Subject PropertyIN 'a '�;t .o ...,.... 0 95 190 380 570 760 950 CITY O I ti �i N Feet WYLIE ,' Y A PUBLIC C i 'I NT F x (Please tope or use black ink) Department of Planning (00 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning,Cage 2019-{}5. I am ACMNS`I'the requested zoning as explained on the attached public notice for Zoning Case##2019 05. Please feel free to contact Planning Department at 972.516.6320 oiitli questions or concerns Date.Ldecatiim&`I"rots::of I'lannine&Zoning C'ontatrission meeting: Tueaclas.. April 16. 2019. 600 pm Municipal Complex. 3t0t1 Country Club Road, Building 100, `\'}lie,Texas Date, Location Time of City Council meeting,: Tuesday, May 1=I, 2019, 6:00 trial Municipal Complex, 300 Country Club Road Building IOU,WWylie,Texas Name: tit) ei i __ - __ iiii-V Address: t t::. li3 m�t 1 c `Si �rnature: , „ '6 ' t ._ ._.._ C:[I\I\IEiv IS ry ''' ::.. ..''v \ 1 m_ :._ ` ,,, ... PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2019-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2019-05. Please feel free to contact Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 16,2019,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 14,2019,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Name: 1 GV--4% -1Q6 Y-K'i rear� QGu 's, `R (please print) t � Address: 7 �.+Q�(� .0 t.w5./ so Signature: � icoro Date: q'L'C`‘ COMMENTS: I.- %IA. OeVe04 L'0 GC l I Y- Ufa* c) 't1Af..- Sam. t,AW.N wE oCtsVa�tJ$l���CI .4 0 c As s w' . uhut ke 'c'YS%. 'N1-1K1" ‘N GiEStnj3 col. '201,4%AG e *24/e -- c \ Q€0 tss _cam- Neto4s800.tkaGO tAcil(teu"06. r Y""1 / ( /./ A 1 'a �a,., .. I id.`� ivy "tl5 E `' mot/1w �/� �, MONUMENTSIGhN ELEVATION it'� Eitif$Ar " e, u.1 **.�,. s fi am P i gi€^ s` i ..t;�, ,nr`'�-�. .t. a..� ,." A sawn«mwx 4, f� rs ,�..o�w-acc ar ,S hr;. ' � • . FTNL�F+ FTE FENCE ...„ �FENEGE2ETE '�ry, EEMCE �/{{" - t PL4NnNG r SPECIMEN TREE t—MONlTMElNT S'GN FLhAy7lt4Ca .'. , \ " "" °� ' o� r " �, " �w' o- \ \ Illr ...-&.1.l,.,... .,,,;tE�m,. .,w.., .,..Y 3 2 „ .n*a�-ass. PLAN PERSPECTIVE G N.1.if`h;49,,,EE6,KREYMER AT THE PARK • ENTRY :.A., L �Y r q wr�K� •x %:m1 ,' ,,,r _.4 , p ry . � ry a rv,"" ni V ' '''‘''''-' 'w7:''''' ' --.--,,,i_:,:',,,N,,,,,,,,,, >7,\ 1 P: '‘'e,",•41,e,:::::,,e,,,,k,i41,1,,,„,.t4,',.,,,,,,,,,,,;), a i "' q rye a t P ,„ -- i ,�t ?has y I' �C S1y ylrtl°r...', hr`I m F 1 � EXAMPLE OF R AYS APE EQUIPMENT r €i i iP, '"ram I ,vi KREYMERo AT THE PARK • CONCEPT C:ENTRY FtIa1 nCCP$ r ! ne •/ �l �" fi w I k Ic PLANT SELECTION WILL BE ADAPTIVE OR NATIVE TO NORTH CENTRAL , :,� „ a . 1 TEXAS,DROUGHT TOLERANT AND WITHIN COLD HARDINESS PLANT ZONE 7B. ,0 . , SHADE TREES �� g "'" ''r ca 'A' w 0; rV a ;' r w asp ^;;' ` � I � .a,k„, __ ,rpn,vA na,A ^a �"s 4 �P ORNAMENTAL TREES a ; , ;� a,:!'�'�. ,A, ;rs• ( """M 'A" v „4$"d 9w'..A 4y 'W4nr v�i nrr.�i Ts-- SHRUBS!GRASSES Wb M,R is d i� :4„ '4M (,; �mOA 1„ a a'"r �' k...r r,,. Ae GROUNDCOVERS MASONRY AND HARDSCAPE MATERIALS WILL REFLECT THE STONE ''" 46WI AND BUILDING MATERIALS OF THE NORTH CENTRAL TEXAS REGION. IIIE , ak �;, horn �� .t EXAMPLE OF MASONRY AND FENCING If ' KREYMER AT THE PARK - MATERIAL PALETTE I �i�I(FlvwoYCE°S Wylie CityCouncil Y AGENDA REPORT Meeting Date: May 14, 2019 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Various Date Prepared: May 6, 2019 Exhibits: 2 Subject Consider, and act upon, Ordinance No. 2019-13 amending Ordinance No. 2018-24 (2018-2019 Budget) for proposed budget amendments for fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2019-13 amending Ordinance No. 2018-24 (2018-2019 Budget) for proposed budget amendments for fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. Discussion Police unit #389 is considered a total loss due to the extent of the damage sustained in a hail storm in McKinney on 03/24/2019. The City will receive $19,412.50 from the insurance company to replace the vehicle. The cost of a new vehicle is $29,053 plus $2,500 to have the lights and equipment switched over from the current vehicle and$2,500 for a locking bed cover. The budget amendment is to recognize the insurance money as revenue and add funds to the Police budget to cover the cost of the replacement. The net increase to the budget is $14,640.50. On. April 17, 2019, a Parks Maintenance Worker was involved in a head on accident with another vehicle on McMillan Road. The other driver caused the accident and the Parks Division vehicle, Unit#106, sustained damage. TML, Wylie's insurance carrier, has settled the claim with the City for the damages to Unit #106. The funds received for the damages $13,751.52 will be placed in the General Fund Revenue account. To utilize the funds from TML to pay for the repairs to the Unit 106, a budget amendment is required for those funds to be placed back in to an operating expense account. This will be budget neutral. Page 1 of 1 ORDINANCE NO. 2019-13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2018-24, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2018-2019; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2018-24 setting forth the Budget for Fiscal Year 2018-2019 beginning October 1, 2018, and ending September 30, 2019; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS,the City Council has determined that the proposed amendments to the FY 2018- 2019 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2018-2019 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2018-24, are, completely adopted and approved as amendments to the said FY 2018-2019 Budget. SECTION II: All portions of the existing FY 2018-2019 Budget and Ordinance No. 2018- 24, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Ordinance No. 2019-13—City Council Budget Amendment FY 2018-2019 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 14 day of May, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2019-13—City Council Budget Amendment FY 2018-2019 Budget Amendment Exhibit A Allocation of Funds for Replacement of Police Vehicle #389. Fund Department Account Number Debit Credit 100 4000 48410 19,412.50 100 5211 58510 29,053.00 100 5211 54510 2,500.00 100 5211 52130 2,500.00 Allocation of Funds for Repairing Parks Vehicle #106. Fund Department Account Number Debit Credit 100 4000 48410 13,751.52 100 5511 54530 13,751.52 Wylie CityCouncil cTY 0 - Y i AGENDA REPORT Meeting Date: May 14, 2019 Item Number: 5 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: May 8, 2019 Exhibits: Resolution No. 2006-17(R) Subject Consider, and act upon, the appointment of a 2019 Board and Commissions City Council Interview Panel to conduct the May 2019 board applicant interviews. Recommendation Motion to appoint, , , and to serve on the 2019 Boards and Commissions City Council.Interview Panel. Discussion Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until mid-May of each calendar year. Additionally, in May of each year, the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures in Resolution No. 2006-17(R) comply with the Texas Open Meetings Act. The Resolution is attached for your review. Proposed interview meeting dates will be Wednesday May 29, 2019 and Thursday, May 30, 2019, and an alternate (if needed) date of Friday, May 31, 2019 from 5:30 p.m. - 9:00 p.m. each night. Immediately following the final night interviews, the panel will deliberate on recommendations to be submitted to the full Council at the June 11, 2019 Wylie City Council meeting. This timeline for approval by June 11 will allow time for each member to be sworn in at the June 25 City Council meeting, attend orientation on June 27, and begin their terms on July 1, 2019. All Council members will receive the scheduled appointment list and all applications submitted prior to the interview process. Page 1 of 1 • SOLUTION NO. 2006-171R1 A RESOLUTION OF THE CITY OF IE, TEXAS ADOPTING PRO CEDU S FOR THE WYLIE BOA S AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOA IS AND COMMISSION INTERVIEW PANEL. E' S.the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WIIE A.S.. each year the City of Wylie receives applications from residents for consideration of appointment to City of V‘lylie Boards and Commissions: and E" AS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members: and WHE AS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, T FORE BE IT • SOLVED BY T CITY COUNCIL OF THE CITY OF LIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three (3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution.No. 2006-17(R) Boards and Commission ImerviesA Process DULY PASSED V by the Wylie City Council on this 23Ed day of May 2006. John Cindy, ayor ATTEST: F 14/ S AL Car° e Ehrlich, y ecretar-y. I L � �a Resolution.No. 2006-17(R) Boards and Commission Interview Process Wylie CityCouncil cTY 0 - Y i AGENDA REPORT Meeting Date: May 14, 2019 Item Number: 6 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: May 8, 2019 Exhibits: Ordinance No. 2005-55 Subject Consider, and act upon, the appointment of two-committee members to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Recommendation Motion to appoint and to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Discussion In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Pursuant to Ordinance No. 2005-55, the Subcommittee shall consist of three members, to be appointed by the Wylie City Council for the remainder of the term that said member serves on the council or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term(of office), that member shall not continue his/her membership until replaced. Current members serving on the sub-committee are three WISD Trustee members and current City Council members Mayor Eric Hogue, Councilman Keith Stephens and Councilman Jeff Forrester. Also in attendance are WISD Committee facilitator David Vinson and City of Wylie facilitator City Manager Chris Holsted. Keith Stephens' term has expired with his election term to the Wylie City Council and therefore the sub-committee position must be appointed to fill the expired term. Staff is requesting this position on the subcommittee be filled by the appointment of another council member to serve in this capacity. Jeff Forrester's term has expired with his re-election to the Wylie City Council and therefore the sub-committee position must be re-appointed. Staff is requesting this position on the subcommittee be filled by appointment of Jeff Forrester or another council member to serve in this capacity. Page 1 of 1 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3) weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. ;� MO Y, ayor • ° i ATTEST: - L fi .4 .4,4 4 de4eZ Or.. CAR LE EHRLI ', City Secretary �� "�"'"°" � Date to be published in The Wylie News— November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations