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07-14-2020 (City Council) Agenda Packet IAI IN Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda July 14, 2020 — 6:00 pm Wylie Municipal Complex Council Chambers 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern 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 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. July 14,2020 Wylie City Council Regular Meeting Agenda Page 2 of 3 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 June 23,2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,Ordinance No.2020-39 of the City of Wylie,Texas granting a franchise agreement to Oncor Electric Delivery Company,LLC. (R. 011ie,Asst. City Manager) REGULAR AGENDA Tabled from 06-09-2020 Remove from table and consider 1. Hold a Public Hearing, consider, and act upon, a change of zoning from Single-Family 10 District (SF-10/24) to Planned Development (PD),to allow for a Townhome community and commercial uses on 6.55 acres generally located on the northeast corner of West Brown Street and Sanden Boulevard.(ZC2020-06) (J. Haskins, Planning Manager) Executive Summary This item was tabled at the June 9, 2020 Council meeting to allow staff and the applicant to address a Development Agreement regarding building materials and screening of the proposed detention area. A proposed Development Agreement has been completed and is on this agenda for consideration. Language has been added to the proposed planned development standards that address screening for any required water detention area and frontage on Brown Street,in Section II.9 and Section III.3,respectively. 2. Consider, and act upon, authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Browngate Land Investment, LLC regarding the use of building materials for the development of a mixed-use planned development generally located at the northeast corner of Brown Street and Sanden Boulevard. (J. Haskins, Planning Manager) Executive Summary The applicant has requested to enter into a development agreement with the City of Wylie while requesting to rezone the property generally located on the northeast corner of Brown Street and Sanden Boulevard. 3. Consider,and act upon,the acceptance of the resignation of Kevin Smith and appointment of as a new Alternate to the City of Wylie Zoning Board of Adjustment to fill the term of July 1,2020 to June 30,2022. (S. Storm, City Secretary) Executive Summary When the 2020 Board and Commission interviews were held,Council approved Kevin Smith as an Alternate for the Wylie Zoning Board of Adjustment per the board requirements. Mr. Smith has informed staff that he would be interested in serving on one of the other of his board preferences in the future and does not wish to serve on the Zoning Board of Adjustment at this time. July 14,2020 Wylie City Council Regular Meeting Agenda Page 3 of 3 4. Consider,and act upon,a proposal from Aetna for FY 2021 medical,dental,and prescription drug coverage under our current broker, the Wylie Insurance Agency and allow City Manager to execute necessary documents. (L. Yanez, Human Resources Director) Executive Summary Aetna submitted their final proposal to Wylie Insurance Agency that allows for no premium increase for FY 2021 on its current plan and to provide an additional 17.4% savings when offering the Texas Health Aetna (THA)plan is an option to City employees. WORK SESSION • Water/Sewer Rate Study/Presentation from NewGen Strategies&Solutions,LLC. (M. Beard, Finance Director) • Budget Work Session. (C. Hoisted, City Manager) 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 attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: RECONVENE INTO OPEN SESSION Take any action as a result from Executive 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 July 10, 2020 at 5.•00 p.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. Tina Link,Deputy City Secretary Date Notice Removed liA i V vf, Wylie City Council CITY OF WYLIE Minutes Regular Meeting June 23, 2020—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke,Councilman Matthew Porter,Mayor pro tern Jeff Forrester,Councilman Timothy T. Wallis,and Councilman David Dahl. Councilwoman Candy Arrington absent. Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Public Information Officer Craig Kelly; Planning Manager Jasen Haskins; Parks and Recreation Director Robert Diaz;Finance Director Melissa Beard; Human Resources Director Lety Yanez; and Deputy City Secretary Tina Link. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Hogue convened into a moment of silence and Mayor Hogue led the Pledge of Allegiance. PRESENTATIONS co Presentation to Outgoing Boards& Commissions Members. Mayor Hogue presented outgoing board members gifts of appreciation for their service. Mayor Hogue thanked each member for volunteering their time to serve on the various boards and commissions. 0o Oath of Office for Incoming Wylie Boards and Commission Members. Deputy City Secretary Link administered the Oath of Office to the newly appointed board and commission members in attendance. co Parks& Recreation Month Proclamation. Mayor Hogue presented a proclamation recognizing the month of July as Parks and Recreation Month in the City of Wylie. Parks and Recreation Director Robert Diaz,Parks Manager Brent Stowers,Recreation Manager Carmen Powlen, and Parks and Recreation Board members Craig Allen and Joni Robinson were present to accept the proclamation. Minutes June 23,2020 Wylie City Council Page 1 CITIZEN COMMENTS ON NON-AGENDA ITEMS There were no citizens present wishing to address Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of June 9, 2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31,2020. (J. Greiner, WEDC Director) C. Consider,and act upon,the approval of Wylie Agreement#W2020-22-I for the purchase of fencing and miscellaneous site improvements for Avalon Park from Basic IDIQ Inc. in the estimated amount of $110,946.01 through a cooperative purchasing contract with Choice Partners Cooperative, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) D. Consider,and act upon,Resolution No.2020-30(R)of the City Council of the City of Wylie,Texas, to ratify Change Orders No. 1 and No. 2 with Moss Utilities LLC for emergency expenses for the repair of Hooper Road between Steel Road and Hensley Lane in the estimated amount of $33,013.00; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) E. Consider, and act upon, a vendor application for the Wylie ISD Council of PTA's "Back to the Future Back to School" event at Olde City Park on August 29, 2020. (R. Diaz, Parks &Recreation Director) F. Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for May 31,2020. (M. Beard, Finance Director) G. Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2020. (M. Beard, Finance Director) Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Duke, to approve the Consent Agenda as presented. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. REGULAR AGENDA 1. Consider, and act upon, authorizing the City Manager to sign a Development Agreement pending Annexation, between the City of Wylie, Larry C. Martinez (owner Tract 1), and Johnny N. Martinez(owner Tract 2) and Wylie DPV Limited Partnership (Applicant-Dominion of Pleasant Valley) for the continued development of a single family planned development generally located south of Sachse Road and Pleasant Valley Road. (J. Haskins, Planning Manager) Minutes June 23,2020 Wylie City Council Page 2 Staff Comments Planning Manager Haskins addressed Council stating the applicant and the associated property owners wish to enter into a Development Agreement with the City for the potential annexation and zoning of two tracks of land that are adjacent to Dominion of Pleasant Valley. The applicant is proposing to add an additional 16.5 acres for residential lots, open space, and a commercial lot. If the Development Agreement is authorized,the owner will voluntarily petition the City for annexation and the applicant will request rezoning of this property. Haskins stated the applicant's intent is to maintain the aesthetics and design of Dominion of Pleasant Valley. Council Comments Councilman Dahl asked if the same construction standards would follow the standards based on state law. Haskins confirmed that those issues are addressed with the next Development Agreement item on the agenda. Applicant Comments Ron Haynes, owner and developer of Dominion of Pleasant Valley, addressed Council stating the idea is to annex the property into the Planned Development. Due to the high electric lines,it is a 200 ft.wide easement, which leaves inefficient property in this area of the development and makes it difficult to get emergency vehicles there.By annexing the two tracks and extending the road to Sachse Rd.,it would dramatically improve the access to this area of the property from an ingress and egress standpoint.Mr. Haynes exhibited the style of homes in the area stating the average price of a home is$380,000 stating these are substantial expensive homes, which will add to the tax base of Wylie. Haynes reported these homes will be part of the Garland Independent School District. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, authorizing the City Manager to sign a Development Agreement pending Annexation,between the City of Wylie,Larry C.Martinez (owner Tract 1), and Johnny N. Martinez (owner Tract 2) and Wylie DPV Limited Partnership (Applicant - Dominion of Pleasant Valley)for the continued development of a single family planned development generally located south of Sachse Road and Pleasant Valley Road. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 2. Consider, and act upon, authorizing the City Manager to sign a Development Agreement pending Annexation, between the City of Wylie, Larry C. Martinez (owner Tract 1), and Johnny N. Martinez(owner Tract 2) and Wylie DPV Limited Partnership (Applicant-Dominion of Pleasant Valley) regarding the use of building materials for the continued development of a single family planned development generally located south of Sachse Road and Pleasant Valley Road.(J.Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating this is the building materials part of the Development Agreement. Council Comments Councilman Porter asked if this harkens back to the development standards in place when the Planned Development was approved. Haskins confirmed that it does. Council Action A motion was made by Councilman Porter,seconded by Mayor pro tern Forrester authorizing the City Manager to sign a Development Agreement pending Annexation,between the City of Wylie,Larry C. Martinez(owner Tract 1),and Johnny N.Martinez(owner Tract 2)and Wylie DPV Limited Partnership(Applicant-Dominion of Pleasant Valley) regarding the use of building materials for the continued development of a single family planned development generally located south of Sachse Road and Pleasant Valley Road.A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Minutes June 23,2020 Wylie City Council Page 3 3. Consider,and act upon,Resolution No.2020-31(R)of the City Council of the City of Wylie,Texas, adopting an amended version of the Wylie Parks, Recreation and Open Space Master Plan; and providing for an effective date. (R. Diaz, Parks &Recreation Director) Staff Comments Parks and Recreation Director Diaz addressed Council noting on May 16, 2016, Council authorized the City Manager to consult with Dunaway&Associates to update the Master Plan.A steering committee was formed, a robust citizen survey performed, and several public meetings were held. The final Master Plan was on the website for the board and public to have input. From these criteria, a weighted priority ranking of the top ten items was established based upon input from the citizen survey,Park Board,City staff,and the Dunaway team. Some concept park plans are also included as well as a conceptual plan of the Municipal property.Diaz wished to thank all of those who participated in forming this Plan.Diaz stated the Plan was recommended for adoption by Council at the Parks and Recreation board meeting on June 8,2020. Council Comments Councilman Porter reiterated a question he and other Council members had earlier in this project as to getting concrete costs on the recommendations that are being made and if there have been any updates on that. Diaz replied that he is requesting a study on the aquatic center and the costs of running that as well as a study on Lavon Lake and the Corps property. Porter stated that his concern in plans for the next 5-10 years is that Council would be committing to something as far as a hiring without having an exact dollar standpoint. He requested that before it is put before a bond committee that Diaz and his department put something together reflecting the operational long-term commitment and what it is going to look like. Mayor pro tern Forrester stated that this is a plan to update a plan from 10 years ago by getting ideas from citizens and Dunaway. It is not saying that tomorrow we will start construction on all top ten items; we will go at them one at a time. Forrester stated maybe even with the current situation, reassess those needs and move forward. Diaz agreed. Councilman Dahl agreed with points made by Porter and Forrester and said that it would not be accurate to have a dollar amount at this point,but would like to see what the potential dollar amount would be that we are committing to for each project moving forward with the Master Plan. Council Action A motion was made by Mayor pro tern Forrester and seconded by Councilman Dahl approving Resolution No. 2020-31(R)of the City Council of the City of Wylie,Texas,adopting an amended version of the Wylie Parks, Recreation and Open Space Master Plan;and providing for an effective date.A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 4. Consider, and act upon, Resolution No. 2020-32(R) authorizing the execution of a master tax- exempt lease purchase agreement with All American Investment Group,LLC in the total amount of $3,333,667.00 for the purchase of water meter equipment, installation and related items; and authorizing the City Manager to execute any necessary documents. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating at the June 9 Council meeting there was discussion regarding financing options for the AMI Project with Johnson Controls.Beard is requesting approval for this Resolution so staff can execute the master tax-exempt lease purchase agreement with All American Investment Group, LLC that goes along with the contract reflected in the next item.It has level debt annual payments at an interest of 2.1%. As requested,the first payment will not be made until the eight-month construction period. Council Action A motion was made by Mayor pro tern Forrester and seconded by Councilman Duke approving Resolution No.2020-32(R)authorizing the execution of a master tax-exempt lease purchase agreement with All American Investment Group, LLC in the total amount of$3,333,667.00 for the purchase of water meter equipment, installation and related items; and authorizing the City Manager to execute any necessary documents. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Minutes June 23,2020 Wylie City Council Page 4 5. Consider, and act upon, the award of Phase 2 of RFQ #W2019-92-E for an Energy Savings Performance Construction Contract for a Comprehensive Water and Energy Efficiency Program to Johnson Controls LLC, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) Staff Comments Purchasing Manager Hayes addressed Council stating that this is the second part of what was approved in Item 4. This is the phase two contract. The total construction cost for the project is $7,333,667 of which the City would fund a portion of that directly and the rest would be financed. Council Action A motion was made by Councilman Porter and seconded by Councilman Dahl awarding of Phase 2 of RFQ #W2019-92-E for an Energy Savings Performance Construction Contract for a Comprehensive Water and Energy Efficiency Program to Johnson Controls LLC, and authorizing the City Manager to execute any and all necessary documents.A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Mayor Hogue convened the Council into Work Session at 6:43 p.m. WORK SESSION • Discuss Extraterritorial Jurisdiction and city limits surrounding Lavon Lake. (R. 011ie, Asst. City Manager) Assistant City Manager 011ie addressed Council stating Wylie has 37 square miles and 10 of those are the ETJ, noting the areas around Lake Lavon and if Council is interested in keeping the ETJ. 011ie stated it would be a process to get rid of it and someone else would need to take it or the county would have to agree to maintain it. There was discussion with Princeton that they were interested in some of the areas around the lake. Joe Helmberger,representing Princeton,was present for the discussion. This would be approximately 3,600 acres in which some areas are ETJ and some are City limits. 011ie suggested discussion about what the pros and cons would be with this area. City Manager Hoisted stated that some of the ETJ has recent platting of single-family development and that Council has very little control over that area.Helmberger noted on the map where the MUD districts are located as well as what is located in the Princeton sanitary sewer control.The sanitary sewer could be provided because they wish to eliminate the septic systems. The Army Corps of Engineers has already agreed if the City would release the city limits around the lake,they would annex it into Princeton.There would be contiguous property that could be annexed into the city. Councilman Forrester asked what the new line would look like. Holsted showed that it could be multiple lines and stated that we do not serve anything on the peninsula now.It allows Princeton to take control of some the development. Holsted stated NTMWD would like to get rid of as much septic as possible. Councilman Dahl asked if we would retain the section along Hwy. 78. Hoisted replied that there are plats,but they are ETJ and we do not provide water or sewer to them. 011ie stated that the lake parts are all broken up and are not just one section. Mayor Hogue questioned Fire Chief Blythe about possible hovercraft services to the lake area if it is not in the City limits. Blythe noted that we already contract with the county for fire and ems services and that it should already be covered under the contract with the county. Councilman Porter asked if the incorporation would be a part of Princeton. 011ie replied that it would be a part of the ETJ.Helmberger stated the peninsula would remain the ETJ,but the tracks of land that would be released would be annexed into the City of Princeton. 011ie stated that Wylie would have to release the land to the county first and then Princeton would start the annexation process. Hogue asked which fire departments take care of that area.Helmberger replied that Princeton and Branch are responsible. Porter asked if the annexation takes place would it become part of Princeton's city limits or their ETJ. Helmberger replied that the Corps would voluntarily annex. Minutes June 23,2020 Wylie City Council Page 5 Hoisted requested Council direction.Council gave direction stating they would like to see a list of the pros and cons of the total ETJ picture. 00 Budget Work Session for 4B Sales Tax Fund and Utility Fund. (C. Hoisted, City Manager) City Manager Holsted addressed Council on the Utility Fund stating the estimated beginning fund balance is a little over$12 million,proposed revenue of$22.5 million,proposed expenses a little over$20 million, and a small number of recurring requests and one-time expenses with an estimated ending fund balance of$11.5 million. The Water and Sewer Rate Study presented to Council includes the requests as shown in the model. The model does show a reduction from the previous model, 9%for water and 7.5 % for sewer and the newest model includes a potential increase,which is less than that. Holsted discussed FM 2514 waterline relocation, Public Works and Parks security system upgrade,AWIA Resilience Plan,Construction of 8-inch waterline on 2nd Street, water pump station backup generators, Unit 270 vehicle replacement, and a portable light tower. Public Works Director Porter answered questions from Council on various items. Staff requested feedback on the rate model based on previous and current information. Council direction was to use what will give the best savings on the rate for 20-21 and to use the fund balance to get us through. Holsted addressed Council bringing back some options for operations and cost savings in regards to the 4B Sales Tax Fund. The latest sales tax numbers are up 2%; still flat using the worst-case scenario based on the COVID issues. Parks and Recreation Director Diaz addressed Council in regards to the current numbers and operating costs and stated there are still staffing issues due to COVID. The Senior Recreation Center is still closed and some employees are not comfortable coming back to work. Staff is looking at modified hours and is proposing to stay at the current staff level. Diaz stated there has been no negative feedback from patrons in regards to the modified hours at the Recreation Center. One challenge staff would like to possibly look at is Sunday afternoon hours. Diaz reported staff is looking at reopening the Senior Recreation Center in August with a modified schedule. Because of the closure, there have been cost savings. Diaz stated that they would like to stay on the current course if possible. Hoisted stated they are trying to eliminate all costs that they can because of the decrease in revenue from sales tax. The City has been building up the fund balance the last few years,which can help offset some of the losses.Council direction was modified hours for the Senior Recreation Center in the fall based upon guidelines and safety issues,and opening up the Recreation Center during Sunday afternoons and for possible rentals. Mayor Hogue convened the Council into Executive Session at 8:01 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: 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). 00 Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-12a,Project 2019-12c, Project 2020-4c and 2020-4d. Minutes June 23,2020 Wylie City Council Page 6 Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. 00 Consider the sale or acquisition of properties located at: State Highway 78 & Brown, and Jackson& Oak. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue convened the Council into Open Session at 9:07 p.m. Council Action A motion was made by Councilman Dahl, seconded by Councilman Duke, to authorize the Wylie EDC to enter into a Performance Agreement with Project 2020-4d in an amount not to exceed $13,149. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. Council Action A motion was made by Councilman Wallis, seconded by Councilman Porter, to authorize the Wylie EDC to enter into a Performance Agreement with Project 2019-12c in an amount not to exceed $11,800. A vote was taken and the motion passed 5-1 with Mayor Hogue voting against and Councilwoman Arrington absent. Council Action A motion was made by Councilman Porter, seconded by Councilman Duke, to authorize the Wylie EDC to enter into a Performance Agreement with Project 2019-12a in an amount not to exceed $30,200 A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Duke, to adjourn the meeting at 9:10 p.m. A vote was taken and motion passed 6-0 with Councilwoman Arrington Absent. Eric Hogue,Mayor ATTEST: Tina Link,Deputy City Secretary Minutes June 23,2020 Wylie City Council Page 7 If Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 14, 2020 Item Number: B Department: City Manager (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 1, 2020 Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2020-39 of the City of Wylie, Texas granting a franchise agreement to Oncor Electric Delivery Company,LLC. Recommendation Motion to approve Ordinance No. 2020-39 of the City of Wylie,Texas granting a franchise agreement to Oncor Electric Delivery Company,LLC. Discussion The current franchise agreement with Oncor Electric Delivery Company,LLC expired June 30,2018.The proposed new agreement excludes impact fees for work within the public right-of-way. In addition, the agreement includes updated quarterly payment information, and carries the final payment through June 30,2040. The previous agreement was set up for annual payment;however,the proposed agreement will begin quarterly payments to the City. The first quarterly payment shall be due on or before September 30, 2020. Page 1 of 2 ORDINANCE NO. 2020-39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENTS, PUBLIC WAYS AND PUBLIC PROPERTY OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR COMPENSATION THEREFOR, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE,PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. GRANT OF AUTHORITY. A. That there is hereby granted to Oncor Electric Delivery Company LLC, its successors and assigns (herein called "Company"), the non-exclusive right, privilege and franchise to construct, extend, maintain and operate in, along, under and across the present and future streets, alleys, highways, public utility easements, public ways and other public property (herein called "Public Rights-of-Way") of the City of Wylie, Texas (herein called "City") electric power lines, with all necessary or desirable appurtenances (including underground conduits, poles, towers, wires, transmission lines, telephone and communication lines, and other structures for Company's own use), (herein called "Facilities") for the purpose of delivering electricity to the City, the inhabitants thereof, and persons, firms and corporations beyond the corporate limits thereof, for the term set out in Section 7; provided, however, that nothing herein shall be construed to require or authorize Company to exceed its certification rights granted by the Public Utility Commission of Texas. B. Company shall not install, construct or extend any Facilities in parks or other City-owned property other than public utility easements, streets, alleys or highways without first obtaining written approval from City. SECTION 2. USE OF PUBLIC RIGHTS-OF-WAY: A. Poles, towers and other structures shall be so erected as not to unreasonably interfere with 1) traffic over streets, alleys, highways and other Public Rights-of-Way; 2) existing gas, electric, or telephone facilities; or 3) existing water facilities, drainage facilities, sanitary sewer facilities, traffic control facilities, street lights, fire lanes or communications lines. B. Company shall, except in cases of(i) emergency conditions or (ii) routine maintenance and repair of facilities that do not involve any of the following(a) cutting or breaking of pavement or (b) closure of traffic lane for longer than 24 hours or (c) boring or (d) excavation greater than 100 cubic feet or (iii) connection of real property to a utility service on the same side of the Public Rights-of-Way if connection does not require a pavement cut in the Public Rights- of-Way or (iv) replacement of a single damaged pole and associated work within a ten (10) Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise foot radius of the damaged pole or(v) installation of aerial lines on less than 11 existing poles or installation of aerial lines on less than 11 new poles, provide the City reasonable advance notice, and obtain a permit, (if required by City Ordinance), prior to performing work in the Public Rights-of-Way, except in no instance shall Company be required to pay fees or bonds related to its use of the Public Rights-of-Way, despite the City's enactment of any ordinance providing the contrary. Company shall construct and maintain its facilities in conformance with the applicable provisions of the National Electrical Safety Code or such comparable standards as may be adopted, and in a good and workmanlike manner. SECTION 3. The City reserves the right to lay, and permit to be laid, storm, sewer, gas, water, wastewater and other pipe lines, cables, and conduits, or other improvements and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under Public Rights-of-Way occupied by Company. The City also reserves the right to change in any manner any curb, sidewalk, highway, alley, public way, street, utility lines, storm sewers, drainage basins, drainage ditches, and the like. City shall provide Company with at least thirty (30) days' notice when requesting Company to relocate Facilities and shall specify a new location for such Facilities along the Public Rights-of-Way. Company shall, except in cases of bona fide emergency conditions or work incidental in nature, obtain a permit if required by City ordinance, prior to performing work in the Public Rights-of-Way, except in no instance shall Company be required to pay fees or bonds related to its use of the Public Rights-of-Way, despite the City's enactment of any ordinance providing the contrary. In the case of a bona fide emergency, Company shall provide notice to the City Engineer of any excavation in the paved portion of any street as soon as reasonably practicable. Company shall construct its Facilities in conformance with the applicable provisions of the National Electrical Safety Code, as it exists or may be amended. City-requested relocations of Company Facilities in the Public Rights-of-Way shall be at the Company's expense;provided however,if the City is the end use Retail Customer(customer who purchases electric power or energy and ultimately consumes it) requesting the removal or relocation of Company Facilities for its own benefit,or the project requiring the relocation is solely aesthetic/beautification in nature, it will be at the total expense of the City. Provided further, if the relocation request includes, or is for, the Company to relocate above-ground Facilities to an underground location,City shall be fully responsible for the additional cost of placing the Facilities underground. If any other corporation or person (other than City) requests Company to relocate Company Facilities located in City Rights-of-Ways, the Company shall not be bound to make such changes until such other corporation or person shall have undertaken, with good and sufficient bond, to reimburse the Company for any costs, loss, or expense which will be caused by, or arises out of such change, alteration, or relocation of Company's Facilities. City may not request the Company to pay for any relocation which has already been requested, and paid for, by any entity other than City. If pursuant to City Council action,the City abandons any Public Right-of-Way in which Company has Facilities, City shall determine whether it is appropriate to retain a public utility easement in such Public Right-of-Way for use by Company. If City determines, in its sole discretion, that the continued use of the Public Right-of-Way by Company is compatible with the abandonment of the Public Right-of-Way, then in consideration of the compensation set forth in Section 6, and to the Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise maximum extent of its right to do so, City shall grant Company an easement for such use, and the abandonment of the Public Right-of-Way shall be subject to the right and continued use of Company. If the party to whom the Public Rights-of-Way is abandoned requests the Company to remove or relocate its Facilities and Company agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation cannot practically be made to another Public Rights-of-Way, the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed by the party requesting the relocation. SECTION 4. A. In consideration of the granting of this Franchise, Company shall, at its sole cost and expense, defend, indemnify and hold the City, and its past and present officers, agents and employees harmless against any and all liability arising from suits, actions or claims regarding injury or death to any person or persons,or damages to or loss of any property arising out of or occasioned by the intentional and/or negligent acts or omissions of Company or any of its officers, agents, or employees in connection with Company's use, construction, maintenance and operation of Company's system in the City Public Rights-of-Way, including any court costs, reasonable expenses, including attorney fees, and reasonable defenses thereof. B. This indemnity shall only apply to the extent that the loss, damage or injury is attributable to the negligence or wrongful act or omission of the Company or its officers, agents or employees, and does not apply to the extent such loss, damage or injury is attributable to the negligence or wrongful act or omission of the City or the City's officers, agents, or employees or any other person or entity. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of Company and the City. C. In the event of joint and concurrent negligence or fault of both Company and the City, responsibility and indemnity, if any, shall be apportioned comparatively between the City and Company in accordance with the laws of the state of Texas without, however, waiving any governmental immunity available to the City under Texas law and without waiving any of the defenses of the parties under Texas law. Further,in the event of joint and concurrent negligence or fault of both Company and the City, responsibility for all costs of defense shall be apportioned between the City and Company based upon the comparative fault of each. D. In fulfilling its obligation to defend and indemnify City, Company shall have the right to select defense counsel, subject to City's approval, which will not be unreasonably withheld. Company shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this franchise. If Company fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Company shall be liable for all reasonable defense costs incurred by City, except as otherwise provided in section 4.B and 4.C. SECTION 5. This franchise is not exclusive, and nothing herein contained shall be construed so as to prevent the City from granting other like or similar rights, privileges and franchises to any other person, firm, or corporation. Any franchise granted by the City to any other person, firm, or corporation shall not unreasonably interfere with this franchise. SECTION 6. In consideration of the grant of said right, privilege and franchise by the City and as full payment for the right, privilege and franchise of using and occupying the said Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise Public Rights-of-Way, and in lieu of any and all occupation taxes, assessments,municipal charges, fees, easement taxes, franchise taxes, license, permit and inspection fees or charges, street taxes, bonds, street or alley rentals, and all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property, sales and use taxes, impact fees under the City's impact fee ordinance (however this impact fees exclusion does not apply to Oncor's construction of Facilities in City's Public Rights-of-Way), and special assessments for public improvements, Company shall pay to the City the following: A. A final annual payment was made on or before June 30, 2020 for the basis period of April 1, 2019 through March 31, 2020 and the privilege period of July 1, 2019 through June 30, 2020 in accordance with the provisions in the previous franchise. B. As authorized by Section 33.008(b) of PURA, the original franchise fee factor calculated for the City in 2002 was 0.002658 (the"Base Factor"),multiplied by each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries for determining franchise payments going forward. Due to a 2006 agreement between Company and City the franchise fee factor was increased to a franchise fee factor of 0.002791 (the "Current Factor"), multiplied by each kilowatt hour of electricity delivered by Company to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries on a quarterly basis. However, consistent with the 2006 agreement, should the Public Utility Commission of Texas at any time disallow Company's recovery through rates of the higher franchise payments made under the Current Factor as compared to the Base Factor,then the franchise fee factor shall immediately revert to the Base Factor of 0.002658 and all future payments, irrespective of the time period that is covered by the payment,will be made using the Base Factor. Company shall make quarterly payments as follows: Payment Due Date Basis Period Privilege Period September 30 Apr. 1 - Jun. 30 Jul. 1 - Sept. 30 December 31 Jul.1 - Sept. 30 Oct.1 - Dec. 31 March 31 Oct. 1 - Dec. 31 Jan. 1 —Mar. 31 June 30 Jan. 1 - Mar. 31 Apr. 1 - Jun. 30 1. The first quarterly payment hereunder shall be due and payable on or before September 30, 2020 and will cover the basis period of April 1, 2020 through June 30, 2020 for the privilege period of July 1, 2020 through September 30, 2020. If this franchise is not Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise effective prior to the first quarterly payment date, Company will pay any payments due within 30 days of the effective date of this agreement. The final payment under this franchise is due on or before June 30, 2040 and covers the basis period of January 1, 2040 through March 31, 2040 for the privilege period of April 1, 2040 through June 30, 2040; and 2. After the final payment date of June 30, 2040, Company may continue to make additional quarterly payments in accordance with the above schedule. City acknowledges that such continued payments will correspond to privilege periods that extend beyond the term of this Franchise and that such continued payments will be recognized in any subsequent franchise as full payment for the relevant quarterly periods. C. A sum equal to four percent (4%) of gross revenues received by Company from services identified as DD1 through DD24 in Section 6.1.2 "Discretionary Service Charges," in Oncor's Tariff for Retail Delivery Service (Tariff), effective 1/1/2002, that are for the account and benefit of an end-use retail electric consumer. Company will,upon request by City, provide a cross reference to Discretionary Service Charge numbering changes that are contained in Company's current approved Tariff. 1. The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e. from January 1 through December 31 of each calendar year. 2. The franchise fee amounts that are due based on"Discretionary Service Charges"shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges", as set out in Section 6C, received during the preceding calendar year. The initial Discretionary Service Charge franchise fee amount will be paid on or before April 30,2021 and will be based on the calendar year January 1, 2020 through December 31, 2020. The final Discretionary Service Charge franchise fee amount will be paid on or before April 30, 2041 and will be based on the calendar months of January 1, 2040 through June 30, 2040. 3. Company may file a tariff or tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. 4. City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100%recovery of such franchise fees by Company and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100%recovery of such franchise fees by Company. 5. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Company. 6. In the event of a regulatory disallowance of the recovery of the franchise fees on the Discretionary Service Charges, Company will not be required to continue payment of such franchise fees. D. With each payment of compensation required in Section 6.B., Company shall furnish to the City a statement that provides the franchise basis period, the total amount of kilowatt Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise hours of electricity delivered during the franchise basis period by Company to retail customers whose consuming facility's point of delivery is located within the City's municipal boundaries, and the privilege period covered by that payment. The statement will be executed by an authorized officer of Company or designee, who shall certify that the statement is true and correct to the best of his or her knowledge. E. With each payment of compensation required in Section 6.C, Company shall furnish to the City a statement reflecting the total amount of gross revenues received by Company within the City's municipal boundaries for services identified in its "Tariff of Retail Delivery Service" as described in Section 6.C. The statement will be executed by an authorized officer of Company or designee, who shall certify that the statement is true and correct to the best of his or her knowledge. F. If either party discovers that Company has failed to pay the entire or correct amount of compensation due, the correct amount shall be determined by mutual written agreement between the City and Company and the City shall be paid by Company within thirty(30) calendar days of such determination. Any overpayment to the City through error or otherwise will, at the sole option of the City, either be refunded to Company by the City within thirty(30) days of such determination or offset against the next payment due from Company. Acceptance by either party of any payment due under this Section shall not be deemed to be a waiver by either party of any claim of breach of this Franchise, nor shall the acceptance by either party of any such payments preclude either party from later establishing that a larger amount was actually due or from collecting any balance due. Nothing in this Section shall be deemed a waiver by either party of its rights under law or equity. G. Interest on late payments or reimbursement for overpayment shall be calculated in accordance with the interest rate for customer deposits established by the Public Utility Commission of Texas in accordance with the Texas Utilities Code, Section 183.003, as amended for the time period involved. SECTION 7. This Ordinance shall become effective upon Company's written acceptance hereof, said written acceptance to be filed by Company with the City within sixty (60) days after final passage and approval hereof. The right, privilege and franchise granted hereby shall expire on June 30, 2040. SECTION 8. DEFAULT,REMEDIES,AND TERMINATION. A. Events of Default. The occurrence, at any time during the term of the Franchise Agreement,of any one or more of the following events, shall constitute an Event of Default by Company under this Franchise: 1. The failure of Company to pay the payments required in Section 6 on or before the due dates specified herein. 2. Company's material breach or material violation of any material terms, covenants, representations or warranties contained herein. B. Uncured Events of Default. 1. Upon the occurrence of an Event of Default which can be cured by the immediate payment of money to City, Company shall have thirty(30) calendar days from receipt of written notice from City of an occurrence of such Event of Default to cure same before City may exercise any of its rights or remedies provided for in Section 8.C. Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise 2. Upon the occurrence of an Event of Default by Company which cannot be cured by the immediate payment of money to City,Company shall have forty-five(45)calendar days (or such additional time as may be agreed to by the City) from receipt of written notice from City of an occurrence of such Event of Default to cure same before City may exercise any of its rights or remedies provided for in Section 8.C. 3. If the Event of Default is not cured within the time period allowed for curing the Event of Default as provided for herein, such Event of Default shall, without additional notice, become an Uncured Event of Default, which shall entitle City to exercise the remedies provided for in Section 8.C. C. Remedies. The City shall notify the Company in writing of an alleged Uncured Event of Default as described in Section 8.B, which notice shall specify the alleged failure with reasonable particularity. The Company shall, within thirty(30) business days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or in a written response to the City either present facts and arguments in refuting or defending such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. In the event that such cure is not forthcoming, City shall be entitled to exercise any and all of the following cumulative remedies: 1. The commencement of an action against Company at law for monetary damages; 2. The commencement of an action in equity seeking injunctive relief or the specific performance of any of the provisions that as a matter of equity, are specifically enforceable; 3. The termination of this Franchise. D. The rights and remedies of City and Company set forth in this Franchise Agreement shall be in addition to, and not in limitation of, any other rights and remedies provided by law or in equity. City and Company understand and intend that such remedies shall be cumulative to the maximum extent permitted by law and the exercise by City of any one or more of such remedies shall not preclude the exercise by City, at the same or different times, of any other such remedies for the same failure to cure. However, notwithstanding this Section or any other provision of this Franchise, City shall not recover both liquidated damages and actual damages for the same violation, breach, or noncompliance, either under this Section or under any other provision of this Franchise. E. Termination. In accordance with the provisions of Section 8.C, this Franchise may be terminated upon thirty (30) business day's prior written notice to Company by City. City shall notify Company in writing at least fifteen (15) business days in advance of the City Council meeting at which the question of forfeiture or termination shall be considered, and Company shall have the right to appear before the City Council in person or by counsel and raise any objections or defenses Company may have that are relevant to the proposed forfeiture or termination. The final decision of the City Council may be appealed to any court or regulatory authority having jurisdiction. Upon timely appeal by Company of the City Council's decision terminating the Franchise, the effective date of such termination shall be either when such appeal is withdrawn or an order upholding the termination becomes final and unappealable. Until the termination becomes effective the provisions of this Franchise shall remain in effect for all purposes. The City recognizes Company's right and obligation to provide service in accordance with the Certificate of Convenience and Necessity authorized by the Public Utility Commission of Texas in accordance with the Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise Texas Utilities Code. F. The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Franchise shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless said waiver or relinquishment is in writing and signed by that party. SECTION 9. ASSIGNMENT. The rights granted by this Franchise Agreement inure to the benefit of the Company and any parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights shall not be assignable without the express written consent, by Ordinance, of the City Council of the City, unless otherwise superseded by state laws, rules, or regulations or Public Utility Commission of Texas action, and such consent by City shall not be unreasonably withheld or delayed, except Company may assign its rights under this Franchise Agreement to a parent, subsidiary, affiliate or successor entity without consent, so long as such parent, subsidiary, affiliate or successor entity assumes all obligations of Company hereunder, and is bound to the same extent as Company hereunder. Company shall give the City written notice within ninety(90) days of any such assignment to a parent, subsidiary, affiliate or successor entity. SECTION 10. This Ordinance shall supersede any and all other franchises granted by the City to Company, its predecessors and assigns. SECTION 11. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any portion of this Ordinance is declared illegal or unconstitutional by the valid final non-appealable judgment or decree of any court of competent jurisdiction, such illegality or unconstitutionality shall not affect the legality and enforceability of any of the remaining portions of this Ordinance. SECTION 12. In order to accept this franchise, Company must file with the City Secretary its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by City. SECTION 13. It is hereby officially found that the meeting at which this Ordinance is passed is open to the public and that due notice of this meeting was posted by City, all as required by law. SECTION 14. The parties' rights and obligations in this Franchise shall be governed by all applicable laws,rules and regulations. City and Company agree that any lawsuit between the City and Company concerning this Ordinance will be filed in the State of Texas. Nothing in the Ordinance shall prohibit the City from filing an action related to this Ordinance in Collin County, Texas. SECTION 15. The parties agree that City has not waived its governmental or sovereign immunity by entering into and performing its obligations under this franchise. SECTION 16. This franchise is for the benefit of Company and City, and not for the benefit of any third party. No provision of this franchise shall be construed as creating any third-party Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise beneficiaries. SECTION 17. This franchise contains the entire understanding between the parties with respect to the subject matter herein. There are no representations,agreements, or understandings(whether oral or written) between or among the parties relating to the subject matter of this franchise that are not fully expressed herein. SECTION 18. Each of the parties to this franchise represent and warrant that at the time of signing of this franchise it has the full right,power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party. Each signatory represents this franchise has been read by the party for which this franchise is executed and that such party has had an opportunity to confer with its counsel. PASSED AND APPROVED at a regular meeting of the City Council of Wylie,Texas, on this the 14th day of July, 2020. Eric Hogue, Mayor The City of Wylie ATTEST: Tina Link, Deputy City Secretary Ordinance No.2020-39 Oncor Electric Delivery Company LLC/City of Wylie Electric Franchise liA,/ itvvii Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 14,2020 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: July 7,2020 Exhibits: 5 Subject Tabled from 06-09-2020 Remove from table and consider Hold a Public Hearing, consider, and act upon, a change of zoning from Single-Family 10 District (SF-10/24) to Planned Development (PD), to allow for a Townhome community and commercial uses on 6.55 acres generally located on the northeast corner of West Brown Street and Sanden Boulevard. (ZC2020-06) Recommendation Tabled from 06-09-2020 Remove from table and consider Motion to approve a change of zoning from Single-Family 10 District(SF-10/24)to Planned Development (PD),to allow for a Townhome community and commercial uses on 6.55 acres generally located on the northeast corner of West Brown Street and Sanden Boulevard. (ZC2020-06) Discussion OWNER: Birmingham Land LTD. APPLICANT: JP Engineering This item was tabled at the June 9, 2020 Council meeting to allow staff and the applicant to address a Development Agreement regarding building materials and screening of the proposed detention area.A proposed Development Agreement has been completed and is on this agenda for consideration.Language has been added to the proposed planned development standards that address screening for any required water detention area and frontage on Brown Street, in Section II.9 and Section III.3,respectively. The applicant is requesting to rezone 6.55 acres located on the northeast corner of West Brown Street and Sanden Boulevard. The property is currently zoned Single-Family SF 10/24 and the applicant is requesting rezoning to a Planned Development is to allow for a mixed-use development with one commercial lot and 39 townhome lots. The proposed town home tract is accessed by gated private streets. The proposed average lot size is 3,180 square feet with a range of lot sizes from 2,960 to 3,590 sf(the Zoning Ordinance requires a minimum of 3,000 for interior lots and 3,500 for exterior lots). The proposed minimum allowed dwelling unit size is 1,400 sf(the Zoning Ordinance requires 1,200 sf minimum). The garage size of all townhome units is proposed to be a minimum of 400 sf(the Zoning Ordinance requires 500 sf minimum). Page 1 of 1 Page 2 of 2 The proposed commercial tract is 0.85 acres with a 5,900 sf office building.By the conditions of the Planned Development, the commercial tract shall conform to the development regulations and uses within the Neighborhood Services District of the current Zoning Ordinance. The residential and commercial tracts shall be required to be built concurrently with stipulations contained within the PD. The Comprehensive Master Plan identifies the subject property as being located in the General Urban Sector and recommends for high density residential development provided that it is in a mixed-use type setting. All private streets,open space lots, and screening walls shall be maintained by the developments HOA. Notifications/Responses: Thirteen notifications were mailed; with one response received in favor and one in opposition of the request. P&Z Commission Discussion After some questions regarding the detention pond,open space enhancements, and elevations the Commission voted 4-0 to recommend approval. Locator Map 1 gl 1 v 111�:, �°C4 11 'zJ 710 00 912� 10 10 110 En 'moo ii,��r dZ 00 13 ,..c OJ L �. L� 92 Q)‘ '` �r CHILTON DR oo 91 91 0 ° P� :' 10 1107 110 10 10 00 :oo l005 1104 00 1 !��o,,i00 °° 4 1���J�,�C�V II h1oio 90 1 �1 P 00 `!1O _ � 01 01 � 10 0\ji `_1109 10 1105 105 10 01L A/ 1 � 0 `�,z� q)÷.<\/1/C) � P z CO 0.4 1 `� 4 LE., ° a J z I 400 l ' _I 0 ''\\\ <I) (- .1 2 Q ►ii4'i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i� ►ii4'iiiiiiiiiiiiiiiiiiii� 1 i ° , I 7---Iji [-:__,I W BROWN ST _ � 1� 1 1l�WYLIE ET —7 44 O _ 135 33 O 10 i 1310 fr'f B D - c _ \e� 1300L(II Q I 0., o = L IL o �' N A 'z /2 1 _ ,, o ZC 2020-06 Browngate Pointe 'A, ( __-r A ) :L._{-_�. 4 Subject Property yy.j ,.4 0 125 250 500 750 1,000 1,250 CITYO F ° A N Feet WYLIE \ A Browngate Pointe Planned Development Standards (ZONING CASE 2020-06) I. Purpose: The intent of this planned development district is to allow for a gated townhome neighborhood with commercial uses that provides affordable housing for the community of Wylie. II. GENERAL CONDITIONS: a. This Planned Development shall not affect any regulations within the 2019 Zoning Ordinances except as provided herein. b. The residential and commercial tracts (identified as Tract 2 Lots 1-39 and Tract 1 Lot 1, respectively on the Zoning Exhibit) shall be required to be developed concurrently with the following guidelines: 1. No residential townhome units shall receive a final inspection/Certificate of Occupancy prior to an approval final foundation inspection by the City of Wylie of the commercial development . 2. No more than 50% of the townhome units shall receive a final inspection/Certificate of Occupancy prior to an approved final framing inspection by the City of Wylie of the commercial development. 3. No more than 85% of the townhome units shall receive a final inspection/Certificate of Occupancy prior to an approved Shell building Certificate of Completion by the City of Wylie of the commercial development. c. All regulations of the Townhome District (TH) set forth in Article 3, Section 3.3 of the Comprehensive Zoning Ordinance (adopted as of 2019) are hereby replaced with the following: Figure B.1—Townhome (TH) Townhome Subdistrict Lot Size Minimum Lot Area (sq. ft.) 2,950 Minimum End Lot Area (sq.ft.) 3,450 Minimum Lot Width (ft.) 35 Minimum Lot Width of End Lot (ft.) 40 Minimum Lot Depth (ft.) 84.5 Minimum Lot Depth Double Front Lot (ft.) N/A Dwelling Regulations Minimum Square Footage 1400 Design Standards Level of Achievement Yard Requirements—Main Structures Minimum Front Yard Setback (ft.) 20 Minimum Side Yard Setback (ft.) 0 for interior, 0 and 5 for Exterior Minimum Side Yard for Corner Lots (ft.) 15 Minimum Rear Yard Setback (ft.) 25 Minimum Rear Yard Double Front Lots (ft.) N/A Maximum Lot Coverage 60% Height of Structures Main Structure (ft.) 40 II. SPECIAL CONDITIONS 1. Maximum number of Townhome residential lots not to exceed 40 lots 2. A tree survey shall not be required and no trees on the property are classified as protected within the tree preservation section 7.6 of the Zoning Ordinance. 3. H.O.A. shall be established to maintain exterior screening wall, private street(s) and other community features. 4. Average lot size shall be a minimum of 3,180 square feet. Lot sizes shall range from a minimum of 2,950 to a maximum of 4,000. 5. The streets, though private, shall conform to all aspects of the City of Wylie Design Standards in place at the time of construction. 6. Garages shall be a minimum of 400 square feet 7. Parkland will not be dedicated. Fees in lieu of dedication based on current parkland fees at the time of Planned Development adoption 8. The entirety of the sidewalk along Sanden Blvd shall be rebuilt to match the current City standard of 5' width meandering. 9. Landscape shall be provided around any detention area in order to screen said area from view of a public right of way. The living screen shall consist of bushes, shrubs, trees, or other mutually agreed upon flora, at a minimum of 18" at planting. The HOA shall be responsible for the maintenance of the screening. III. RESIDENTIAL DESIGN STANDARDS 1. Architectural Standards: a. Building Bulk and Articulation In order to avoid large blank facades, variations in the elevation of the residential facades facing the public street shall be provided in both the vertical and the horizontal dimensions. At least 25% of the façade shall be offset of 1 foot either protruding from or recessed back from the remainder of the façade. b. House Numbers All Townhome residential units shall have a wall plaque with the resident address accenting/matching the exterior wall material beside the main entry of the dwelling unit. c. Exterior Façade Material All Townhome residential units shall have exterior building materials as required by Section 3.4 of the September 2019 City of Wylie Zoning Ordinance and the executed Development Agreement attached to this Ordinance. d. Exterior Façade— Porches Each Townhome residential unit shall have a combined total covered front or side entry of 50 square feet of floor area. e. Exterior Structure— Height Main Structures shall be a maximum of 40 feet in height. 2. Repetition of Residential Unit Designs Each building within the Planned Development shall contain either 4 or 5 individually platted attached residential units. Each lot within a single structure shall have a different elevation, but each overall building will be similar. 3. Neighborhood Features a. This neighborhood shall be enclosed with a combination of masonry and wrought iron fencing. b. A landscaped buffer of at least 18 feet in width with a berm of at least three feet in height at a 3:1 slope shall be installed along the Brown Street frontage of Tract 2 (townhome residential lots as shown on Zoning Exhibit). c. An automatic sliding gate on each of the two entrances to the proposed private streets to give a gated community secure environment to the Townhome residential units. City services including police and fire protection shall have access to entry for the gates. IV. COMMERCIAL DESIGN STANDARDS a. Lot 1 of Tract 1 on the zoning exhibit is planned for an approximately 5,900 square feet commercial /office use. The design requirements for this portion of the development shall conform to Article 4 of the 2019 Zoning Ordinance for regulations of development within the Neighborhood Services District. 1 t `\ I 2 THIS CONCEPTUAL LAYOUT IS FOR CONCEPTUAL PLANNINGL-) ,, t:3) (41)- PURPOSES ONLY AND HAS NOT BEEN REVIEWED OR APPROVED BY ANY GOVERNING AUTHORITY. IT IS NOT I INTENDED TO BE USED FOR BIDDING OR CONSTRUCTION. P°°ore N Cr' C 0) '0= m I V ii o ® I N SITE CD a- ---4\I A Brown StreetcW 41; I co E / Corporation of the Presiding Bishop of the Church ■ _I .1---./ of Jesus Christ of Latter-day Saints 0 40 80 ' Sanden Boulevard Church Addition 1 0 W / 2013-352 D.R.C.C.T. =_=_ a C i ct'" GRAPHIC SCALE SANDEN BOULEVARD CHURCH ADDITION1 "=40' Ill Q-11) I---(1) VOL. 2013, PG. 352 VicinityMap NTS w I Qom 1'2 I CONC. N /RUNNER S88' 23' 58"E 645.97' o // //1 40.83' EL-35' 35' 35 40.83' o / 40.83' 35' 35' 35 40.83' o Ery 35' 35 35/ // • 40.83' Masonry vW 25' Building Setback a� Fence Fence Lot 10 I Lot 2 Lot 3 Lot 4 I ° c I io Lot 5 Lot 6 411 Ioo1•oE1oILot 7 / 4 4 1 Building 5 Units (Townhomes) 8 ° o I Lot 8ILot 9 10 Lot 10 0 .I Lot 11 I Lot 12 I Lot 13 Lot 15 ° JLot 14�o rn o rn 1 Building5 Units (Townhomes) I I o ° HO,ay Lot 1 14) oo Iw v I rn I v 14 �1 Building 5 Units (Townhomes) "' o I •° // 0.12 Acres I 35.83' I �W I 35.83'M co w °oo a; rn IC) 35.83' ic) to ° Mail 35.83' I I 35.83' �+-� Boxes 20' Building etback 35.83' a� /- id 40_83' 35' - - 35' 35' 40.83' - - - ❑ 40.83' 35' 35' - - 35' 40.83' 40.83' 35' .� r� - - 35' 35' 40.83' ' H / / / Proposed Gate / �-Opticom Opener with o o Private Street r- ^ � / / Manual Release o 39 Townhomes on Tract 2 ❑ H Right-of-Way `y% / 4.39 Acres _ _ ■ ,.., 0 / o i / I 40.83' 35' 35 - - - - - - - - - - - - 0Ct 35' _ (� j �° / Masonry 40.83 40.83 35 35' 35' 40.83' 40.83' 35' - - -40.83'- �� tiO 35 Birmingham Land Ltd J •�� Fence 20' Building Setback Open Space a Park Lot 29 Lot 28 Lot 27 I >'+' - _ o Lot 26 Lot 25 +, cI O O With I o o O Lot 24o Lot 23 Lot 22 Lot 21 Lot 20 I •+'� c I Lot 19 PARC at Wylie CO p/i'/ co / Benches 4 1 Building 5 Units (Townhomes) In 15 g 1 ,� o o = ill Lot 18 Lot 17 Lot 16 I - Wylie Apartments LP0 2 /` Ii o0 111 11w v1 1 Building 5 Units (Townhomes) I� IIo1 �OBirminham Farms Phase 10 (V 35.83' woo I 1 I 1 I� a;1 Buildng 4 Units (Townhomes) 31.00 I M 2014-348 D.R.C.C.T. h `\`\ 35.83 35.83 35.83' to W I M I �I OMM-I Q / �`���� \ '� SQ. ' 25' BuildingS -I 35.83 35.83'r° L. 50.00 `�t LOT 1 BLOCK A 1 1 /l HOA Lot 21�1� 40.83' 285,4 3 , T. tback_ a3BIRMINGHAM FARMS, PHASE 10 �I1 0.60 Acres III 1 - . `IIIIII ` - 40.83 ■ 40.655 ACE ' 35' 35' 40.83' Ia VOL. 2014, PG. 34840.83 35 35 O _� CV H / IIII S88'23'S8"E 223.0' - 40.83' Q- 4 ._ Uj O• � I I I 26 Masonry �� 00 x 1 IIII N ' FirelaneFence Proposed Gateo o n�Masonr SYNOPSIS CL1 � co 0 - II - -Opticom Opener with o o Private Street y O0 NI III �� Manual Release 50' Right-of-Way Fence��• v� O o p IIII 1(174. v� ?�� �Q- WYE Existing Zoning: SF 10/24 4 › 1 �l IIII °' `�' - - - - _ AJLET Proposed Zoning: PD (� c° 4-' +-� W I I I II ~ IIII ,: Tract 1 50.00 .a 45.8335' 35' 35' 40.83' - - - - - Proposed Use: 39 Townhomes & 5,900 sf Office C� C.JII •� III `° Office Lot 1 31.00' 40.83' 35' 35' 35' 45.55' �7 Lots: 39 Residential Lots IIII a) +J a I I I , M - 20' Building Setback 3 HOA Lots o I loll I .�, 0 I Li 26.0 20.0 0.85 Acres 20' B.L. & SANITARY �, L III a ° co Lot 30 SEWER ESMT. 1 Office Lot U I 1 Q N I NI a� 5,900 SF Pad 3 carp I >,*' - ICI I II II Q oil l o c N Lot 32 Lot 33 �' - VOL. 2014, PG. 348 N Lot 34 0 = o Lot 35 Lot 36 Lot 37 Lot 38 Lot 39 ❑ Overall Lot Area: 6.55 Acres Gross (t a' I 4,,, III a� }r o 3 o g g Units (Townhomes) I II I I ° `� "'11 Buildin I� (0I+' El °' I I I II O IIII cn ,I i� ,� I 1 I I� �I- 01 0"'0 11 Building Units (Twnhomes)II I Office Lot 1 = 0.85 Acres \I �Ir1 W / 1111 .`, 0t o 35.83 �n - - �, I I I ao I - Z • co oo - - - - _ _ - 35.83' L W 135.83' '� I Townhomes Lot 2 = 4.39 Acres �.J O ` J// / [ N 2 II - - - 1 . - - - I _ HOA Lot 1 = 0.11 Acres U 1 \\I` / I d,A �1 ry,Q" a o 25' Building Setback 35.83' _ , HOA Lot 2 = 0.60 Acres i..i _ -1- - / - - - j - - N I 45.83' 35' 35' I HOA Lot 3 = 0.27 Acres 0 0 Q> P. 40.83' 35' 35' ROW Dedication = 0.33 Acres Cr) ,� o p - I-- - 35' 40.83' 35' 45.99' ❑ T Ex 20' S.S. Esmt N 26' Firelane 1 ITi - ❑ - ,uo - - _ 6.55 Acres ..L. r _ , , _1 _ _ _ I Masonry HOA Lot 3 O 20' NITARY SE ESMT. - O O VOL. 4899, PG. 2314 C 1 - - - - - - Fence 0.27 Acres cv o CC# 20140709000708720 N - I Q) ' \�/J _ _ oN88'39'30"W223.0' - - - - - - - - - __ _ E •WV NORTH TEXAS MUNICIPAL WATER DISTRICT - �- I- O o Ex 30' Water. Esmt I 30' WATER ESMT. 0 0, - o - I 1- _ Developers Schedule: Z N01'27'43"E < , : M' xisting 5' Sidewalk - - 9.23 I VOL. 512, PG. 487 t � � 20' tk)}� ..:� 4 ��_ -{. 0 R.O.W. •.:dication Zoning Change Approval: May 26, 2020 ''-' ate+ < < 4 , W� ry� - d'� - - - - % - - i • ' °'_ ,- PPA by City Counsel: Jul 14 in •� 0 Civil Approval by City: October 13 U J - � ` SoD: November 15: • U N88639'30"W' 732.35' ` ' , n ' ' ; _ 4 304.0' to Sanden Blvd < < FPA: May 15, 2021 31.0' 0 429.0' to Nearest Drive Start Vertical Construction: May, 30 2021 WEST BROWN STREET roposed Left Turn Lane VARIABLE NADTH R.O.W. Ct j CL E 0 0 0 ._ .5 to a) ENGINEER: 0 JP EngineeringP-- _ ci 700 S Central Expressway Suite 400 Allen, Texas 75013 David A. Jones, P.E. Project Manager Bill Perman Scale: 1" = 40' 972-467-7505 File Name: Concept Plan DEVELOPER: Date: 04/15/2020 Project No.: 20004 TAAS Investments, LLC 8700 Stonebrook Parkway, #1265 Frisco, Texas 75034 Tauheed Siddiqui Sheet of L rT l� Notification Map ANN DR 101 BIRMINGHAM ill 01 � FARMS 2B 10 -- 10 p1rvo FARMS 2A SANDEN �.� 400 C URCH ADDITION .%. I IJ •, / lQ R T i els v - WYL = i1.♦♦♦I ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ >' lea I ♦ CO N IliI Q ♦♦♦4. 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'sue 4 r•a - I CITY OF _ ° ':- 1 0 80 160 320 480 640 800 . �`'' T A FeetWYLIE ��{ 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#2020-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2020-06. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,May 19,2020,6:00 pm. Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,June 09,2020,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas ,,pp � Name: C)y /P, /10/1i/YS (please print) Address: /9 b 6 IN /ra Avid Signature: i! /P /resifi Date: 5-/6- 02D COMMENTS: 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#2020-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2020-06. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date,Location&Time of Planning&Zoning Commission meeting: _ Tuesday,May 19,2020,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,June 09,2020,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Name: TCH N J—I• J 12. . G LYNDR £ EC 3fR► (please print) Address: f 4 4-Q (.(JEST g 20 IvAI J 1• w � LiE,T 75i" Signature: 45 Date: 57 4,1.0 n COMMENTS:_ _—}- �- A,/ 'if Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 14,2020 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Jason Haskins Account Code: Date Prepared: July 7,2020 Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Browngate Land Investment, LLC regarding the use of building materials for the development of a mixed-use planned development generally located at the northeast corner of Brown Street and Sanden Boulevard. Recommendation Motion to approve authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Browngate Land Investment, LLC regarding the use of building materials for the development of a mixed-use planned development generally located at the northeast corner of Brown Street and Sanden Boulevard. Discussion The applicant has requested to enter into a development agreement with the City of Wylie while requesting to rezone the property generally located on the northeast corner of Brown Street and Sanden Boulevard. In order to maintain the standards of the existing development, and as a part of the overall development agreement, the applicant is proposing to add a separate building materials agreement in accordance with Texas State Law Sec 3000.002(d). This Development Agreement states that the developer of both Tracts 1 and 2 will voluntarily abide by the building standards of the City of Wylie Zoning Ordinance. A separate zoning request for this proposed development, that addresses general development standards, is on this agenda for consideration. Page 1 of 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER. After Recording Return to: City of Wylie Attention:City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG BROWNGATE LAND INVESTMENT,LLC AND THE CITY OF WYLIE, TEXAS This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE, TEXAS, a home-rule municipality ("Wylie"), and Browngate Land Investment,LLC,a Texas resident("Developer"). Wylie and Developer are each referred to herein as a"party"or collectively as the"parties." WHEREAS, Developer warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County,Texas, consisting of 6.55 acres on"Tract of land Out of D W Williams Survey, Abstract # 1021 and Charles Atterbury Survey, Abstract # A0022", generally located at Brown(FM 3412) St, Wylie,Texas 75098,and more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes ("Townhomes at Browngate Pointe"); and WHEREAS, Developer desires to revert the zoning designation of "Townhomes at Browngate Pointe" and have asked Wylie to rezone the Property to Planned Development Mixed Use zoning; and WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WHEREAS,Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, "Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code; and WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Local Government Code with the full understanding and intent that Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 1 of 13 2837901 Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date of this Agreement; and WHEREAS, the Wylie City Council has investigated and determined that it would be advantageous and beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Wylie and Developer agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the forth in the foregoing recitals of this Agreement are true and correct, are incorporated into the body of this Agreement and are adopted as findings of Wylie and Developer. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrant that he is the sole owner of proposed common property name as of the Effective Date of this Agreement. 3. Building Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or future building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Developer voluntarily consents and agrees to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement,Developer shall impose deed restrictions on the Property,incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once approved, Developer shall record the approved deed restrictions in the Real Property Records of Collin County,Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third- party beneficiary of the approved deed restrictions, and Wylie shall have the right but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 2 of 13 2837901 (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code. Developer voluntarily consents and agrees to such designation. Developer voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement,and such failure is not cured within thirty (30) days after Wylie sends written notice of such failure to Developer, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County,Texas as a lien or encumbrance on the Property; (ii) to terminate this Agreement by providing written notice of termination to Developer; (iii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iv) to refuse to issue building permits for any building on the Property; (v) to refuse to issue a Certificate of Occupancy for any building on the Property; (vi) to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to immediately cease the construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vii) to seek specific enforcement of this Agreement. (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer,then Developer may seek specific enforcement of this Agreement as Developer's sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein,the parties agree and acknowledge that Wylie shall not, under any circumstance,be required to tender, or be Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 3 of 13 283 790 I liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property, and shall be binding on the Developer and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County,Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such Iien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 7. Limitations of Agreement. Wylie ordinances covering property taxes, utility rates, permit fees,inspection fees, tree mitigation fees, impact fees, development fees, tap fees,pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of Developer to Wylie under any ordinance, whether now existing or in the future arising. 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the Party to be notified, postage pre-paid and registered or certified with return receipt requested;by facsimile;by electronic mail,with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Party a via hand-delivery service, or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Wylie, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 Email: chris.holsted@wvlietexas.aov with a copy to: Abernathy, Roeder, Boyd& Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 4 of 13 2837901 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Email: rpittman@abernathy-law.com If to Developer, addressed to Developer at: Browngate Land Investment, LLC Attn: Thanga K.Thangavel 2301 Ohio Dr# 243 Plano, TX-75093 9. Indemnity. (a) EACH DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS,JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 5 of 13 2837901 (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Acknowledgement of Wvlie's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations.; Developer's Waiver and Release of Claims For Obligations Imposed by this Agreement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS LOCAL GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED (D) NUISANCE; OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES,VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE,RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Vested Rights/Chapter.245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof,unless specifically enumerated herein. In addition, nothing contained in this Agreement shall constitute a"permit" as defined in Chapter 245 of the Texas Local Government Code,as amended,and nothing in this Agreement provides Wylie with fair notice of any project of Developer. EACH DEVELOPER WAIVES ANY Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 6 of 13 2837901 STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE,AS AMENDED,UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. GOV'T CODE § 271.153, as it exists or may be amended, if applicable. 13. Warranties/Representations. All warranties, representations and covenants made by one party to the other in this Agreement or in any certificate or other instrument delivered by one party to the other under this Agreement shall be considered to have been relied upon by the other party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either party. 14. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 16. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 17. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 18. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so.and such authorization is valid and effective on the Effective Date(hereinafter defined). 19. Savings; Severability. In the event that a term,condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 7 of 13 28379-i jurisdiction,then that term,condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 20. Representations. Each party represents that it has carefully read this Agreement, knows the contents hereof,has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement,except as expressly set forth herein. 22. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved,executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file- marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 8 of 13 2837901 24. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such parry's right thereafter to enforce and compel strict compliance. 25. Immunity. It is expressly understood and agreed that, in the execution and performance of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived, any defense or immunity,including governmental,sovereign and official immunity,that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 26. Reference to Developer. When referring to"Developer"herein,this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, Iegal representatives and any other third parties for whom Developer is legally responsible. 27. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. [Signature page follows.] Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 9 of 13 2837901 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). CITY OF WYLIE, TEXAS, a home-rule municipality By: Chris Hoisted, City Manager Date: Attested to by: Tina Link, Deputy City Secretary STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Chris Hoisted, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he is the City Manager and duly authorized representative for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2020. Notary Public, State of Texas My Commission Expires: Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 10 of 13 2837901 Browngate Land Investment, LLC, a Texas resident By: ,7"---/C3— Kandasamy Thangavel Date: 7- b r 90 20 STATE OF TEXAS § § COUNTY OF Co 14;o § q-I !G^4& fairy I hdr3GVtl BEFORE ME,the undersigned authority, on this day personally appeared RebeFI4tep , known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he executed the same for the purposes and consideration therein stated and in the capacity therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this f� day of �vk I y ,2020. s�.. 4 r 0 ZACK LOGSDON .., s I N Public a of Texas ?$r m Notary Public,State of Texas W. j# Comm.Expires 04-04•2024 y Co on Expires: n9/n912-A 'f '4r,;;,,a' Notary ID 128948530 Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 11 of 13 2837901 Exhibit A-1 Legal Description of Townhomes at Browngate Pointe Properly description Being a tract of land situated in the C. Atterbury Survey, Abstract No. 22 and D. Williams Survey. Abstract No. 1021. City of Wylie, Collin County, Texas sold being a part of a tract of land conveyed to Birmingham Land, Ltd. by Special Warranty Deed recorded in Document No. 94-0029675, Deed Records, Collin County. Texas. and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the Southwest corner of the Sanden Boulevard Church Addition, an Addition to the City of Wylie. Collin County. Texas. according to the map recorded in Volume 2013, Page 352, Map Records. Collin County. Texas, said point being on the East right-of-way line of Sanden Boulevard (variable width right-of-way); THENCE South 88 degrees 23 minutes 58 seconds East, along the South right-of-way line of said Sanden Boulevard Church Addition. passing at a distance of 643.75 feet, a 1/2 inch iron rod, and having a total distance of 645.97 feet to a point for corner on the West line of Lot 1, Block A of Birmingham Farms, Phase 10, an Addition to the City of Wylie. Collin County, Texas, according to the map recorded In Volume 2014, Page 348, Map Records. Collin County, Texas; THENCE South 01 degrees 18 minutes 10 seconds West, along said West line of Lot 1. Block A, passing at a distance of 383.58 feel, a 1/2 inch iron rod found at the Southwest corner of said Lot 1, Block A, and having a total distance of 403.59 feet to a point for corner on the North right-of-way line of West Brown Street (variable width right-of-way); THENCE North 88 degrees 39 minutes 30 seconds West, along said North right-of-way line of West Brown Street, a distance of 732.35 feet to a point for corner at the intersection of said North right-of-way line of Brown Street and the aforementioned East right-of-way line of Sandan Boulevard; THENCE North 01 degrees 27 minutes 43 seconds East, along said East right-of-way line of Sanders Bou evard, a distance of 9.23 feet to a point for corner at the beginning of a curve to the right with a radius of 969.00 feet, a de'ta of 24 degrees 12 minutes 57 seconds, and a chord bearing and distance of North 13 degrees 34 minutes 11 seconds East. 406.50 feet; THENCE Northerly along said East right-of-way line of Sanden Bou evard a-d curve to the left, an arc ength of 409.54 feet to the POINT OF BEGINNING and containing 285,453 square feet or 6.55 acres of land. Development Agreement-Townhomes at Browngate Pointe Building Materials Standards Page 12of13 2837901 Exhibit B Building Materials Standards As used in this Agreement,the term"Building Materials Standards"shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings set forth or referenced in the following: 1. Ordinance No. 2019-23, Zoning Ordinance Section 4.3 (Non-Residential Design Standards), as it exists or may be amended by Wylie in its sole discretion 2. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 3. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 4. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 5. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 6. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 7. Ordinance No. 2017-37, International Plumbing Code and all local amendments thereto,as it exists or may be amended by Wylie in its sole discretion 8. Ordinance No.2017-34,International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 9. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 10. Any other existing or future ordinance, rule or regulation adopted by the Wylie City Council that establishes a standard for a building product, material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 13 of 13 2837901 IA/ 1", Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 14,2020 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: June 26,2020 Exhibits: Application Subject Consider, and act upon, the acceptance of the resignation of Kevin Smith and appointment of as a new Alternate to the City of Wylie Zoning Board of Adjustment to fill the term of July 1,2020 to June 30,2022. Recommendation Motion to approve the acceptance of the resignation of Kevin Smith and appointment of as a new Alternate to the City of Wylie Zoning Board of Adjustment to fill the term of July 2020 to June 30,2022. Discussion When the 2020 Board and Commission interviews were held, Council approved Kevin Smith as an Alternate for the Wylie Zoning Board of Adjustment per the board requirements. Mr. Smith has informed staff that he would be interested in serving on one of the other of his board preferences in the future and does not wish to serve on the Zoning Board of Adjustment at this time. Staff has reached out to one of the applicants, Lance Kiser, who was the only qualified applicant who chose the ZBA as one of his preferences and was not placed on another board or commission. He has expressed an interest in being considered for this position. Page 1 of 1 iAI CITY OF Boards & Commissions Application lirlf WYLIE Personal Information First Name* Last Name* DOB * Lance Kiser Reese provide your full legal first and last nart>a. Registered Voter* Are you a registered voter? a Yes (- Voter Registration What County are you registered in? County* Collin Board/Commission Service ............................................................................................................................................................... * Do you currently serve on a board/col-mission? C No r Yes Contact Information Phone No.* Alt. Phone No. E-mail* ex:123-456-7890 ex:123-456-7890 Address* Street Address Address Line 2 City State 1 Province/Region Wylie Texas Festal J Zip Code Country 75098 Collin Residency* Are you a Wylie resident? r: Yes C No * l-byv long have you been a Wylie resident? 30 Years Employment Information Occupation Water Utilities Supervisor Boards and Commission Preferences Pease read the board qualifications located on the website prior to mating your three choices. Animal Shelter Advisory Board Construction Code Board Historic Review Commission Library Board Parks&Recreation Preference 1 Board Planning&Zoning Preference 2 Commission Public Arts Advisory Board Wylie Economic Development Corporation Zoning Board of Preference 3 Adjustment * Pease['Ideate briefly why you would like serve as a Boards and Comrission'renter: I believe there are not enough parks in Wylie for families.As recommended by the CDC more sunlight is essential to being more healthy and happy. Code of Ethics Acknowledgement Rease read the below 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 Mich 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 within 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* Date* 05/12/2020 V', Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 14, 2020 Item Number: 4 Department: Human Resources (City Secretary's Use Only) Prepared By: Lety Yanez Account Code: Date Prepared: July 6,2020 Exhibits: Subject Consider, and act upon, a proposal from Aetna for FY 2021 medical, dental, and prescription drug coverage under our current broker,the Wylie Insurance Agency and allow City Manager to execute necessary documents. Recommendation Motion to accept a proposal from Aetna for FY 2021 medical, dental, and prescription drug coverage under our current broker,the Wylie Insurance Agency and allow City Manager to execute necessary documents. Discussion Aetna submitted their final proposal to Wylie Insurance Agency that allows for no premium increase for FY 2021 on its current plan and to provide an additional 17.4% savings when offering the Texas Health Aetna(THA)plan is an option to City employees. For FY 2021, both plans provide the same benefits and those that join the THA plan must use a medical provider under the Texas Health Resources network. For FY 2021 dental,the City and employees will see a 5.8%decrease in premiums. By renewing now, Aetna is offering two incentives to the City. The first is a 25% of two months' of premiums in the current FY 2020 year. As well,the City will receive a one-time 5%premium reduction of the annual rate for FY 2021. Page 1 of 1 lAi V', Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 14,2020 Item Number: Work Session 1 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: 07-07-2020 Exhibits: Subject Water/Sewer Rate Study/Presentation from NewGen Strategies & Solutions,LLC Recommendation N/A Discussion NewGen Strategies will present the final updates to the water/sewer rate study. 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'0', .1PI ,.•'''' r .:, ' ' • July 14, 2020 CITY OF wYLI E , TEXAS WAT ER E R A N wA T E WAT RAT ES REVIEW sE T I 0 N S NewGenes & Solutions p R 0 po D DRATS RECO MMENDA Strategi 1 urrent Study Considerations AGENDA 0 - - ' ate Performance Discussion Current Study Considerations KEY CONSIDERATIONS • Water and Wastewater Wholesale Costs • North Texas Municipal Water District ( NTMWD) • Customer Growth Forecast • Historical Trends • Estimated Long-Term Capital Needs NEWGEN STRATEGIES AND SOLUTIONS, LLC 4 NORTH TEXAS MUNICIPAL WATER DISTRICT ( NTMWD) ESTIMATED FUTURE COSTS • Proposed Member City Water Rate for FY 2021 is expected to be $2.99 per 1,000 gallons • This represents no increase compared to the District's FY 2020 Budget • Proposed 4.67% increase in Wastewater costs from FY 2020 to FY 2021 • Includes Wylie WWTP, Muddy Creek WWTP, Muddy Creek Interceptor, and Pretreatment NEWGEN STRATEGIES AND SOLUTIONS, LLC 5 CUSTOMER GROWTH FORECAST • Historical Trends and Estimated Annual Customer Growth • 100 Annual Residential Water Accounts • 300 Annual Residential Wastewater Accounts (Revised per Staff direction) Residential Growth (as of) December 2016 December 2017 December 2018 December 2019 Forecasted Growth Water Counts 11,584 11,805 11,934 12,051 Annual Growth 221 129 117 100 Sewer Counts 13,649 14,114 14,459 15,055 Annual Growth 465 455 486 300 NEWGEN STRATEGIES AND SOLUTIONS, LLC 6 ANNUAL CAPITAL NEEDS • Projected Capital Needs based on Utility Fund Financial Plan • Includes projects to be funded through FY 2025 • Financial plan is estimated and subject to change • Advanced Metering Infrastructure (AMI ) Project • Total estimated project cost of $7.3M • Current Study includes estimated $4.0M City Contribution with $3.3M remainder financed over 10 Years at 2.10% Interest per Council direction • Estimated Average Annual Project Benefits approximately $503,590 for 10 Years • Preliminary estimates and amortization schedules provided by Johnson Controls NEWGEN STRATEGIES AND SOLUTIONS, LLC 7 ANNUAL ESTIMATED CAPITAL NEEDS Water Wastewater $3.50 $1.80 $3.00 $1.60 -- -- $1.40 _ $2.50 $1.20 N $2.00 v) $1.00 0 0 0 u TO $1.50 $0.80 3 3 C C $0.60 c $1.00 c a a $0.40 $0.50 $0.20 $- kk $- 2020 2021 2022 2023 2024 2025 2020 2021 2022 2023 2024 2025 I Cash $- $2.25 $2.08 $0.93 $0.75 $0.76 Cash $- $0.08 $1.16 $0.57 $0.17 $- I Debt (Existing P&I) $0.63 $0.96 $0.96 $0.95 $0.94 $0.94 • Debt (Existing P&I) $0.42 $0.51 $0.51 $0.49 $0.49 $0.49 Total $0.63 $3.21 $3.04 $1.87 $1.69 $1.70 Total $0.42 $0.60 $1.67 $1.06 $0.66 $0.49 NEWGEN STRATEGIES AND SOLUTIONS, LLC 8 ANNUAL ESTIMATED CASH CAPITAL NEEDS PROJECT HIGHLIGHTS Water Wastewater I Fiscal Year Project Description - Fiscal Year Project Description Cost 2021 3 New Water Pump Station $ 1,300,000 2021 Back-up Power Generators Repaint Decker Court Sanitary Sewer Collection 2022 $ 1,160,000 2022 $1,000,000 Elevated Storage Tank System Repair/Rehab Des & Const 8" WL on Sanitary Sewer Collection 2023 Ballard from Brown to $ 550,000 2023 $500,000 Harvest Bend System Repair/Rehab 2024 Des & Const 8" WL on Butler $ 410,000 2024 from Ballard to Hilltop 2025 Des & Const 8" WL on $ 400,000 2025 Ballard from Oak to Brown NEWGEN STRATEGIES AND SOLUTIONS, LLC 9 Projected Rate Performance Residential Commercial & Commercial & Residential Multi-Family Irrigation Multi-Family Irrigation Minimum Charge $16.62 $16.62 $22.70 $22.70 CURRENT Volumetric Charges (Per 1,000 Gallons) 0-1,000 $0.00 WATER 1,001-10,001 5.66 RATES 10,001-20,000 7.34 20,001-40,000 9.54 Effective October 40,001+ 12.41 2019 0-1,000 $o.00 $o.00 $o.00 1,001+ 8.11 6.42 8.11 Outside City Customers Charged 1.15x Inside City Rates 11 Residential Residential Multi-Family Commercial (f et rate)* or Disabled (per Unit) (flat rate)* CURRENT Minimum Charge $50.60 $35.69 $50.60 $38.52 WASTEWATER Volumetric Charge (Per 1,000 Gallons) RATES 0-1,000 $0.00 Effective October 1,001+ 3.25 2019 Outside City Customers Charged 1.15x Inside City Rates *$2.00 of Residential Sewer Bill for Sewer Repair& Replacement Fund 12 CURRENT STUDY COMBINED UTILITY PERFORMANCE UNDER CURRENT RATES ➢ Combined rate revenues under current rates projected to be less than expenses beginning in FY2021 ➢ Utility fund balance projected to be insufficient to meet Days Cash on Hand beginning in FY2023 Revenue Requirement Days Cash on Hand $30.00 300 N o o $25.00 250 200 $20.00 150 $15.00 100 $10.00 50 $5.00 0 $- (50) I 2020 202 2022 2023 2024 2025 Wastewater $9.20 $9.63 $11.50 $11.69 $11.77 $11.83 (100) 2020 2021 2022 2023 2024 2025 im Water $12.01 $14.59 $14.87 $14.11 $14.29 $14.70 Days Cash on Hand 241 195 118 61 9 (43) Total Rev. Req. $21.2 $24.22 $26.37 $25.79 $26.06 $26.53 —Days Cash on Hand —Rate Revenue $21.38 $21.90 $22.14 $22.38 $22.62 $22.86 Target 90 90 90 �" "' 90 NEWGEN STRATEGIES AND SOLUTIONS, LLC Il III PROPOSED RATE ADJUSTMENTS RESIDENTIAL VS . COMMERCIAL RATE COMPARISON • As requested, the Project Team evaluated rate adjustment scenarios that would better balance revenue recovery between customer classes • The City's effective Commercial Wastewater rate per 1,000 gallons is $4.66 per 1,000 gallons • Effective Rate = Total Wastewater Bill/ Gallons Used • Ex: City of Wylie 25,000 Gallon Commercial Wastewater Effective Rate • Total Bill = $116.52 / 25,000 gallons used • Effective Rate = $4.66 per 1,000 gallons NEWGEN STRATEGIES AND SOLUTIONS, LLC 14 WASTEWATER COMMERCIAL EFFECTIVE RATES 25, 000 GALLONS Fate IMII $15.14 Farmersville $10.87 Sachse Average: $7.87 per 1,000 gallons $9.72 Sunnyvale $9.67 Plano $8.75 Royse City .. $8.65 Forney $8.26 McKinney ill $7.90 Richardson $7.62 Prosper $7.22 Frisco $6.87 Wylie (Projected FY21) $6.86 Recommend increase Commercial Rowlett $6.86 Volumetric Rate from $3.25 to $5.50 Mesquite $6.84 per 1,000 gallons in FY 2021 Rockwall $5.53 Garland $5.23 Murphy $5.07 Wylie (Current) $4.66 NEWGEN STRATEGIES AND SOLUTIONS, LLC CURRENT STUDY COMBINED UTILITY PERFORMANCE UNDER PROJECTED RATES Fiscal Year 1111Mil 2021 2022 2023 WIW Water Rate Increase (%) 9.00% 9.00% 9.00% 4.00% 7.25% 7.00% 6.00% 5.85% Wastewater Rate Increase (%) 7.50% 7.50% 7.50% 2.75%** 2.75% 2.75% 1.50% 1.50% *City implemented rate increases **Wastewater Commercial volumetric rate Increased from$3.25 to$5.50 per 1,000 gallons. Wastewater rate increases above apply to Commercial volumetric rate in future years. Revenue Requirement Days Cash on Hand ,,, $30.00 300 c 2 $25.00 250 $20.00 200 $15.00 150 $10.00 $5.00 100 ---1-----(1\ $_ 50 2020 2021 2022 2023 2024 2025` 0 Wastewater $9.20 $9.63 $12.31 $12.98 $13.2 $13.23 2020 2021 2022 2023 2024 2025 Em Water $12.05 $14.59 $14.87 $14.11 $14.2 $14.70 Am Days Cash on Hand 241 208 141 108 91 90 Total Rev. Req. $21.25 $24.22 $27.18 $27.09 $27.5 $27.93 -Days Cash on Hand -Rate Revenue $21.38 $22.62 $24.00 $25.44 $26.66 $27.94 Target 90 90 90 90 90 ....) NEWGEN STRATEGIES AND SOLUTIONS, LLC • Comparisons between communities are very common, but may not tell the whole story COMMUNITY RATE COMPARISONS • Each system is unique in geography, age of infrastructure, capital maintenance efforts, and typical usage patterns NEWGEN STRATEGIES AND SOLUTIONS,LLC Farmersville I 53.15 78.22 $131.37 Fate 45.82 $103.17 Forney I 33.55 67.00 $100.55 Rowlett 47.35 50.91 $98.26 Murphy 52.19 42.87 $95.06 Wylie (Projected FY21) I 40.83 51.99 $92.82 Wylie (Current) I_ 39.26 1. 50.60 $89.86 Sachse 41.00 46.55 $87.55 RESIDENTIALRoyse City I 39.50 47.76 $87.26 C O M P/\ R I S O N S Prosper 34.15 52.90 $87.05 Mesquite I 41.48 42.15 $83.63 5,000 Gallons McKinney I 36.50 45.05 $81.55 Garland I 48.61 31.90 $80.51 Rockwall I 36.42 42.60 $79.02 Sunnyvale 34.45 39.26 $73.71 Frisco I 30.40 42.36 $72.76 Richardson I 41.05 31.55 $72.60 Plano I 28.08 37.87 $65.95 ■ NTMWD Member ■Water r Wastewater * Assumes %" Meter Farmersville I 86.85 126.62 $213.47 Forney I 60.90 101.85 $162.75 Fate 78.92 80.90 $159.82 Rowlett 76.15 79.01 $155.16 Royse City I 68.10 85.46 $153.56 Sachse 65.50 80.80 $146.30 Murphy 79.14 63.82 $142.96 Mesquite I 76.88 61.47 $138.35 RESIDENTIAL Prosper 77.40 $132.95 Garland I 78.01 54.40 $132.41 COMPARISONS Richardson I 74.10 55.10 $129.20 Wylie (Projected FY21) I 70.26 �� 51.99 $122.25 10,000 Gallons McKinney I 61.00 60.80 $121.80 Frisco I 50.40 69.71 $120.11 Rockwall I 57.43 62.45 $119.88 Wylie (Current) I 67.56 Eirrel $118.16 Plano I 46.98 - 66.87 $113.85 Sunnyvale 47.25 9.76 $107.01 • NTMWD Member •Water •Wastewater * Assumes %" Meter Farmersville I 224.85 175.02 $399.87 Royse City I 193.35 198.56 $391.91 Richardson I 182.45 190.57 $373.02 Fate 212.87 151.55 $364.42 Forney I 156.65 206.40 $363.05 Sachse 173.50 183.55 $357.05 Garland I 203.71 121.90 $325.61 Prosper 151.70 150.90 $302.60 RESIDENTIALMurphy 163.19 126.67 $289.86 COMPARISONS Plano I 122.58 153.87 $276.45 Frisco I 116.90 151.76 $268.66 Rockwall I 146.29 122.00 $268.29 25,000 Gallons Rowlett 176.95 79.01 $255.96 Mesquite I 188.33 61.47 $249.80 Wylie (Projected FY21) ir 196.21 -1M .99 $248.20 Wylie (Current) MIMI. 188.66 $239.26 McKinney I 150.75 60.8 $211.55 Sunnyvale 87.00 100.76 $187.76 • NTMWD Member •Water Wastewater * Assumes 3/" Meter Fate 371.48 378.52 $750.00 Farmersville I 272.95 igall $544.77 Sunnyvale 291.82 241.75 le $533.57 Plano I 265.40 218.76 $484.16 Sachse 218.39 243.00 $461.39 Royse City I 243.64 216.16 $459.80 Murphy 272.92 126.67 $399.59 Rowlett 224.00 171.56 $395.56 McKinney I 185.80 197.55 $383.35 C 0 M I\A E R C I A L Prosper 200.60 180.60 $381.20 COMPARISON S Mesquite I 208.23 170.95 $379.18 Richardson I 182.45 190.57 $373.02 2 5,000 Gallons Forney I 156.65 206.40 $363.05 Frisco I 189.90 171.71 $361.61 Wylie (Projected FY21) I 183.85 171.58 $355.43 Garland I 217.60 130.80 $348.40 Rockwall I 174.76 138.17 $312.93 Wylie (Current) I 176.78 OMIE 116.52.1 $293.30 •NTMWD Member •Water •Wastewater * Assumes 2" Meter 21 Fate 605.73 496.27 liM $1,102.00 Farmersville I 533.45 513.82 I$1,047.27 Sunnyvale 476.82 428.25 $905.07 Sachse 460.89 419.00 $879.89 Royse City I 446.64 404.66 $851.30 Richardson I 381.25 424.07 $805.32 Mesquite I 393.98 331.95 $725.93 Plano I 359.90 363.76 $723.66 Forney I 327.65 380.65 $708.30 C 0 M I\A E R C I A L Rowlett 368.00 320.31 $688.31 Prosper 359.15 328.60 $687.75 C 0 M PAR I S O N S Wylie (Projected FY21) I WM7 $659.85 Murphy 425.17 231.42 $656.59 5 0,000 Gallons McKinney I 302.05 328.80 $630.85 Garland I 377.10 253.05 $630.15 Frisco I 293.15 308.46 $601.61 Rockwall I 318.01 237.42 $555.43 Wylie (Current) I 337.28 1414, $535.05 • NTMWD Member •Water ' Wastewater * Assumes 2" Meter 22 hliiipio Are • ibmillilli ••••f illit , ••••• IIIIPIIMPIMIMIIIIIih, -A.-. lk t Z, d0x • Tar r,ail r n II.� 'I BT..........;..: it __ : 4r I ! , 1 • - a . . _ ., � I� ig6 { _ _ _ - _ - - 1{ F_ -- , F _ a - _. `. �r,r. ��.y..'y- _.�: - - - -- -- - - _ - - J,L. If ._..,., -sue �.} _ .err' .........---- Ili lO." _ - - • ~~' - . Will* .--.-L-7 .011101111 �'�-: .5av' - -- _ - err..- �-a , - _____t 11,!,121__ -:-..___._._ -,--- - - .-- • '*'3 _ '. - !_ _ i . - _.� LI - MATTHEW GARRETT DIRECTOR ,Thank OUI 972-675-7699 MGARRETT@NEWGENSTRATEGIES.NET NEWGEN STRATEGIES AND SOLUTIONS 275 W. CAMPBELL ROAD, SUITE 440 MICHAEL SOMMERDORF, SENIOR CONSULTANT RICHARDSON, TEXAS 75080 972-704-1655 MSOMMERDORF@NEWGENSTRATEGIES.NET IA/ irvit Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 14, 2020 Item Number: Work Session 2 Department: City Manager (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: July 10, 2020 Exhibits: Subject Hold a work session to discuss City of Wylie FY20-21 Budget. Recommendation N/A Discussion Discuss the FY2-21 Budget Page 1 of 1 City of Wylie Revised Budget Calendar FY 2021 Date Description July 10, 2020 F Carry-forward Requests Due to Finance July 14, 2020 T Budget Work Session (GF, UF, 4B, Fire Dev, Hotel, WEDC) July 20, 2020 M Deadline for ARB to approve Appraisal Records July 25, 2020 S Certified Values Due from Appraisal Districts (Collin County will be an estimate this year) July 25-Aug ?, 2020 Calculation of No New Revenue Tax Rate &Voter Approval Tax Rate from Tax Office July 28, 2020 T Budget Work Session with City Council July 28, 2020 T Approve water/sewer rates (Amend Ord. #2005-07) August 07, 2020 F Proposed budget to Council, available to the public and filed with City Secretary August 11, 2020 T Meeting of governing body to discuss final tax rate; if proposed tax rate will exceed the No New Revenue Rate or Voter Approval Rate (whichever is lower), take record vote; schedule public hearings for tax rate and budget August 12, 2020 W Forward information to Wylie News for required publications August 19, 2020 W PUBLICATION OF REQUIRED NOTICES IN WYLIE NEWS August 25, 2020 T Public Hearing on Tax Rate/Adopt Tax Rate Must be at least 15 days after budget is filed with City Secretary If tax rate is not adopted at this meeting, a special called meeting will have to be held within seven days. August 25, 2020 T Public Hearing on FY 2021 Budget/Adopt Budget September 16, 2020 W Must submit ordinance for adoption of tax rate to County Tax Assessor/Collector by noon --------- - - Budget Work Session Fiscal Year 2020- 2021 ,_ General Fund Summary w/Adjusted Sales Tax Projection Audited General Fund Unassigned Ending Balance 09/30/19 $ 16,509,743 $ 16,509,743 Audited General Fund Assigned Ending Balance on 09/30/19 $ 2,900,000 $ 2,900,000 Projected '20 Revenues 43,530,651 44,409,430 a) Available Funds 62,940,394 63,819,173 Projected '20 Expenditures (46,310,606) (46,310,606) Estimated Ending Fund Balance 09/30/20 $ 16,629,788 $ 17,508,567 Estimated Beginning Fund Balance - 10/01/20 $ 16,629,788 $ 17,508,567 Proposed Revenues '21 44,983,680 45,929,282 b) Proposed Expenditures '21 (42,099,228) (42,099,228) Recommended Requests (Recurring Expense) (914,512) (914,512) New/Replacement Fleet & Equipment & One Time Uses (1,315,358) (1,315,358) Additional Funds Available for Allocation (654,582) (1,600,184) Estimated Ending Fund Balance 09/30/21 $ 16,629,788 $ 17,508,567 a) Revenues include sales tax based on YTD actuals (8 mths) and a flat projection for remainder of the year (4 mths). b) Revenues include sales tax based on 5% decrease of adjusted FY 19-20 sales tax projections. 2 _______ Budget Recommendations ( Personnel General Fund Dept Description Amount HR Reclassify Benefits Specialist to HR Analyst $3,451 Police 5 Jailers $433,796 Police Jailer (mid-year) $47,631 Fire 5 Firefighters for Station #4 (mid-year) $282,518 Fire Reclassify Captain to Battalion Chief (Health, Safety, EMS) $8,514 Emer Comm Dispatcher $81,907 Streets Maintenance Worker I (Signs and Signals) $56,695 Total $914,512 Budget Recommendations ( Non- Personnel General Fund Dept Description Amount City Secretary Agenda Management Software $12,250 Purchasing E-Bidding and Contract Management Software $13,200 Police Jail Book-In and Management Software $20,000 Fire Outdoor Warning Siren Communication System $32,000 Fire Outdoor Warning Sirens $100,000 Animal Control Security Camera System with Live Video Monitoring $24,523 Streets Country Club Signal Synchronization $47,380 Streets Signal Battery Backup Units $23,000 Streets Intersection Improvements - Hwy 78 & E. Brown $80,000 Streets Intersection Improvements - FM 544 & McCreary $200,000 Library Tables and Chairs for Tween Area $17,172 Library Replace Shelving in Adult and Children Area $8,283 Total $577,808 i ______,_ Budget Recommendations Vehicle New/Replacement) General Fund Dept Description Amount Police Patrol Replacement Tahoes - 7 $403,800 Police Jail Transport Van $79,500 Fire Replace 2004 Suburban - Unit 102 $55,000 Fire Replace 2004 Pickup - Unit 119 $79,500 Fire Replace 2012 Fire Prevention Pickup - Unit 277 $55,000 Code Enforcement Replace %2 Ton 4-Door Pickup - Unit 130 $32,250 Parks Replace 3/ Ton Truck - Unit 318 $32,500 Total $737,550 ,_ ----"- General Fund Projected Revenues over Expenditures FY 2020-2021 w/ Adjusted Sales Tax Projection Revenue $ 44,983,680 $ 45,929,282 Less Proposed Expenditures $ (42,099,228) $ (42,099,228) $ 2,884,452 $ 3,830,054 Total recommended ELS requests $ (2,229,870) $ (2,229,870) Excess Revenue over Exp. plus recommended ELS $ 654,582 $ 1,600,184 Potential Additional Recommendations: Public Safety 2.5% Step Increase $ 58,500 2% Merit Increase $ 227,310 $ 285,810 General Fund Estimated Balance FY 2020-2021 (w/ original sales taxprojections) Est. 09/30/2021 Fund Balance $ 16,629,788 (a) 25% 30% Amount required based on FY 2021 balanced budget $ 11,245,920 (b) $ 13,495,104 Excess Fund Balance $ 5,383,868 $ 3,134,684 (a) Based on balanced budget (Revenues = Expenditures). This Fund Balance is 37% of expenditures. (b) It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency, the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. Bond rating agencies prefer 30%. General Fund Estimated Balance FY 2020-2021 (w/ adjusted sales taxprojections)J Est. 09/30/2021 Fund Balance $ 17,508,567 (a) 25% 30% Amount required based on FY 2021 balanced budget $ 11,482,321 (b) $ 13,778,785 Excess Fund Balance $ 6,026,247 $ 3,729,782 (a) Based on balanced budget (Revenues = Expenditures). This Fund Balance is 38.1% of expenditures. (b) It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency, the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. Bond rating agencies prefer 30%. 8 UtilityFund Summary Audited Utility Fund Ending Balance 09/30/19 $ 13,861,945 Projected '20 Revenues 20,481,808 Available Funds 34,343,753 Projected '20 Expenses (22,128,659) Estimated Ending Fund Balance 09/30/20 $ 12,215,094 Estimated Beginning Fund Balance - 10/01/20 $ 12,215,094 Proposed Revenues '21 23,972,619 a) Proposed Expenses '21 (20,277,720) Recommended Requests (Recurring Expenses) (164,499) New/Replacement Fleet & Equipment & One Time Uses (2,266,322) Estimated Ending Fund Balance 09/30/21 $ 13,479,172 b) a) Assumes tentative 4% water rate increase and 2.75% sewer rate increase per the 2020 rate study in progress. b) Policy requirement is 90 days of operating expenditures. This Ending Fund Balance is 216 days. Revenues and Expenses were adjusted based on current information from the rate study and NTMWD. ______ i Recommended Additions to Budget & Fund Balance Items Utility Fund Dept Description Amount Wastewater Maintenance Worker II $71,763 Utility Billing AMI Analyst $80,288 Utility Billing AMI Field Specialist (Reclassify Meter Tech) $12,448 Total Personnel $164,499 Utility Admin Security System Upgrade $65,822 Water AWIA Resilience Plan $120,000 Water Water Pump Station Backup Generators $1,300,000 Water FM 2514 Waterline Relocation $625,000 Water Construction of 8 inch Waterline on 2nd Street $100,000 Water Portable Light Tower $13,000 Wastewater Unit 270 Vehicle Replacement $42,500 Total One Time Uses $2,266,322 Total Requests $2,430,821 46 Sales Tax Fund Summary Audited 4B Sales Tax Revenue Fund Ending Balance 09/30/19 $ 3,087,668 Projected '20 Revenues 3,429,509 Available Funds 6,517,177 Projected '20 Expenditures (3,989,327) Estimated Ending Fund Balance 09/30/20 $ 2,527,850 Estimated Beginning Fund Balance - 10/01/20 $ 2,527,850 Proposed Revenues '21 3,054,386 Proposed Expenditures '21 (3,155,667) Recommended Requests (Recurring Expense) (2,354) a) Estimated Ending Fund Balance 09/30/21 $ 2,424,215 b) a) Recommended request for Building Attendant reclassification in WRC. b) Policy requirement is 25% of budgeted sales tax revenue ($2,495,636 x 25% = $623,909). Note: Revenues include original sales tax projections (adjusted projections are NOT INCLUDED at this time) ________ Fire Development Fund Summary Audited Fire Development Fund Ending Balance 09/30/19 $ 2,250,452 Projected '20 Revenues 204,200 Available Funds 2,454,652 Projected '20 Expenditures (1,491,151) Estimated Ending Fund Balance 09/30/20 $ 963,501 Estimated Beginning Fund Balance - 10/01/20 $ 963,501 Proposed Revenues '21 201,000 Proposed Expenditures '21 (655,000) a) Estimated Ending Fund Balance 09/30/21 $ 509,501 a) Includes CMAR for Station #4 Phase 2 ,_ _ Hotel OccupancyTax Fund Summary Audited Hotel Occupancy Tax Fund Ending Balance 09/30/19 $ 411,337 Projected '20 Revenues 141,375 Available Funds 552,712 Projected '20 Expenditures (355,200) Estimated Ending Fund Balance 09/30/20 $ 197,512 Estimated Beginning Fund Balance - 10/01/20 $ 197,512 Proposed Revenues '21 100,200 Proposed Expenditures '21 (190,000) a) Estimated Ending Fund Balance 09/30/21 $ 107,712 a) Includes $130,000 for Stonehaven House Phase 1 remodel _ ________________ WEDC Fund Summary Audited Wylie Economic Development Corp Ending Balance 09/30/19 $ 769,596 Projected '20 Revenues 5,316,787 Available Funds 6,086,383 Projected '20 Expenditures (4,527,529) Estimated Ending Fund Balance 09/30/20 $ 1,558,854 Estimated Beginning Fund Balance - 10/01/20 $ 1,558,854 Proposed Revenues '21 2,819,376 Proposed Expenditures '21 (3,776,133) Estimated Ending Fund Balance 09/30/21 $ 602,097 Note: Revenues include original sales tax projections (adjusted projections are NOT INCLUDED at this time) Compensable Factors 1. Formal Education 2. Experience 3. Management & Supervision 4. Human Collaboration Skills 5. Freedom To Act 6. Technical Skill 7. Fiscal Responsibility 8. Working Conditions 1AI Human Resources CITY DE FY2020-2021 WYLIE FORMAL EDUCATION Work requires the ability to read and understand written instructions,to understand simple 1. 0 processes and the routine operation of machines. Level of knowledge is equivalent to less than high school or equivalency. Work requires knowledge necessary to understand basic operational,technical, or office processes. Level of knowledge equivalent to four years of high school or equivalency. Work requires knowledge of a specific vocational,administrative,or technical nature that may be obtained with six-months/one year of advanced study or training past the high school 3. 0 equivalency.Community college,vocational, business,technical, or correspondence schools are likely sources. Appropriate certification may be awarded upon satisfactory completion of advanced study or training. Work requires knowledge of a specific vocational,administrative,or technical nature which may 0 be obtained with a two-year associate's degree, diploma or equivalent from a college,technical, 4. business,vocational, or correspondence school.Appropriate certification may be awarded upon satisfactory completion of advanced study or training. 0 Work requires broad knowledge in a general professional or technical field. Knowledge is 5. normally acquired through four years of college resulting in a Bachelor's degree or equivalent. Work requires specialized knowledge in a professional or technical field. Work requires a 0 professional level of knowledge of a discipline equivalent to that which is acquired in a Master's 6. degree-level of study or appropriate certification, Professional Engineer, Law Degree,or Certified Public Accountant. 1AI •f Human Resources CI-Y nr FY2020-2021 WYLIE EXPERIENCE 1. 0 No experience required 2. 0 Under and including one year 3. Over one year up to and including three years 4. 0 Over three years up to and including five years 5. 0 Over five years up to and including seven years 6. 0 Over sevenyear up to and including nine years 7. 0 Over nine years' experience IAI N Human Resources clrY DE FY2020-2021 WYLIE Likely Impact on the HUMAN COLLABORATION SKILLS Organization Moderate High 1 Work requires regular interaction involving exchange and receipt of ❑ la ❑ lb information. Work may require providing advice to others outside direct reporting relationships an specific problems or general policies.Contacts may 2, require the consideration of different points of view to reach ❑ 2a ❑2b agreement. Elements of persuasion may be necessary to gain cooperation and acceptance of ideas. Decisions regarding implementation of policies may be made. Contact may involve support of controversial positions or the 3 negotiation of sensitive issues or important presentations. Contacts ❑ 3a 17 3b may involve stressful, negative interactions with the public requiring high levels of tact and the ability to respond to aggressive interpersonal interactions. Recommendations regarding policy development and implementation are made and/or recommended. Evaluates ❑4a ❑4b 4 customer satisfaction,develops cooperative associations,and utilizes resources to continuously improve customer satisfaction. Final decisions regarding policy development and implementation 5 are made and/or recommended. Interaction with others outside the organization requires exercising participative management skills that ❑ 5a ❑5b support team efforts and quality processes. �1 �f Human Resources CI-Y nr FY2020-2021 WYLIE Impact of Action FREEDOM TO ACT Moderate Significant Benefits or costs in time,money or public/employee relations Receives immediate direction: Normally performs the duty assignment after receiving detailed 1' instructions as to methods,procedures,and desired end results with p la 0 lb little room for deviation.The immediate supervisor may,at times, provide close and constant review. Receives direction: Normally performs the duty assignment after receiving general z, instructions as to methods,procedures,and desired end results.There is some opportunity for discretion when making selections among a 0 2a ©2b few,easily identifiable choices.The assignment is usually reviewed upon completion. Receives general direction: Normally performs the job by following established standard operating 3' procedures and/or policies.There is a choice of the appropriate 3a El 3b procedure or policy to apply to duties.Performance is reviewed periodically. Receives limited direction: Normally performs the duty assignment according to own judgment, 4' requesting supervisory assistance only when necessary.Special 0 4a 0 4b projects are managed with little oversight and assignments may be reviewed upon completion.Performance is reviewed periodically. Receives administrative direction: 5. Normally performs the duty assignments within broad parameters defined by general organizational requirements and accepted El sa 5b 1AI practices.End results determine effectiveness of job performance. If Human Resources CITY OF FY2020-2021 WYLIE - Application of Skill TECHNICAL KILL Standard: Advanced: Comprehensive: Work product Affects accuracy of Consequences of work primarily affects unit multiple projects affect large groups as processes well as the customer base at large Basic:Work requires the use of standard 1. technical skills appropriate to the work Q 1a ❑ lb ❑ is environment of the organization, Skilled:Work requires a comprehensive, practical knowledge of a technical field 2. with use of analytical judgment and decision-making abilities appropriate to ❑ 2a 2b 0 2c the work environment of the organization. Advanced: Work requires advanced skills and knowledge in approaches and systems, which affect the design and implementation of major programs 3. CI 3a a n El 3c and/or processes organization-wide. Independent judgment and decision- making abilities are necessary to apply 1AI I technical skills effectively. Human Re5 CI-Y nF FY2020-2021 WYLIE HR Specialist HR Analyst • Knowledge is more administrative in Broad knowledge in a professional field. nature, hs diploma or equivalent required Bachelor's degree preferred. Years of • 1-3 years experience experience can be substituted • No supervision • 3-5 years experience • High interaction with public • No supervision • Receives general direction • Moderate interaction with public • Requires skilled knowledge of duties and • Receives limited direction function of department • Requires advanced knowledge of duties • Limited fiscal responsibility and act in major programs that affect • Little physical effort, works indoors department and city-wide • Limited fiscal responsibility • Little physical effort, works indoors 1AI I r Human Resources clrY DF FY2020-2021 WYLIE HR Specialist HR Analyst • Specialist worked when the HR • The HR department now consists of: department had two people, HR admin o Director asst position did not exist o Risk Administrator o Analyst • Previously handled clerical duties o Specialist (answering phones, employee files, o Admin Asst processes bills, ordering office supplies, • All clerical duties moved to HR admin etc) • Additional Analyst would allow for more • Continued duties of recruiting and benefits in-depth reporting of medical and programs recruiting data, expand employee benefits communications and wellness programs • Would allow for cross training of duties of existing Analyst - surveys, reporting, data management, and more 1AI VIP Human Resources WYLIE CITY DF FY2020-2021 WYLIE FIRE RESCUE - FIRE ADMINISTRATION p I`tS re� ,Fire Operations ' am � X�ner I Govern Me Administration . v��v. 1FI FIRE REVENTION (3)Battalion Chiefs � Fir Administrative Assistant ~Su ilSe rd � h - (3) Fire Stat ions on s �„� ` �__ `� � rA _ = �'ry E_ Y Nra B M ea m mM1 Division Chief—Fire Marshal (9)Captains City Council *. * r8 a a q Cr r"df2l Fire Inspectors�lnvesti Investigators i 'r 60�> ) s- CityManager 'e#?: rdin oi1Su Summer Intern—Inspections r; " Ai t #YMana Managers ` g kc nedti Pa t� oi daari�fiiin( lF re>Prave ttonCl rk Department Heads =� E 7a , TXM6n4 u�e s e . i ,; ti Pvfi�ieetetAc ; _,'y Community and C'ti en Engagement !r y' �ee�s'j_s rx , ? r ,' ea i�TC ir a'iaa� rw ' - re 'P'afetCa'v� t n�nor- -°; ; � ":n < M ato eh cdents � . r R�� Kh�e<f = _ "j``1�e eitRCt venM�'rite�n�rflih T Service Calls Community Development Ytirs* p„?fi s n' ';e i c fe. P(a�irts� fr Q ' ti FieA nt»AneSO eaial nt1 $fN $_Y iAlarm Calls al -- agg-;' `',. 'F r Investigations PublicSafet Buildin Construction PPSniOaetoitrle aip�a4d`Reps ... DissEaeResjiasePlatnRescue Calls e%Rescfnsras'Lo sj,Rehab"Arson Investigations [ Fire Station#4 Construction Disaer'RecoverPlanning MutuaI Aid Sprinkler Underground Reviews �mry Open Records ResiifratoryProtectfon.P.fograiv Open Record Requests—Fire Reports - >lltifi issane; Code -baled Cr,:rtlal ct t Compliance and Updates—NFPA �'"f�ASCoordination, Organizational Policy/Compliance EMERGENCY COMMUNICATIONS Z. 1 Standard Operating Guidelines(SOG's) (1) Communications Manager , i N / 3 Policy Implementation Promotional Policy Administrator (2)Supervisors ; Departmental Testing r , Fin rice:8r Budg Administration (9) Dispatchers 1 Best Practices Administration (1)Alarm Permit Coordinator Fire Chief a ISO Compliance Administration Asst. Fire Chief BudgetPlaSnning!Forecasting�\' '„ f ecom l ni ions Department Fire Reporting PuYc ing f Finance_ �— Brandon Blythe —► �--- —'--� i Reco rh Department Risk Management Program Brian Ritter Cp ` �� Organizational Health <,, ;` nY4it19 `, "y Cellula'Provider'Management f anti:ict drr% isti tid>r'� ;�, nnnunfcations EardeGs Collin County Fire Chiefs 1)tteil+c8l ract A nent strati titant Texas Fire Chiefs Emergency Medical Dispatching ; GteF R Annual Reportq ` Plano Radio Shop AYietat%opoitsttiTctial, , Radio Programming(Police/Fire) Council Report&Preparation N/ NCTCOG Communications 1 Computer Aided Dispatch System Managemet ;." Public Safety Building i iGIS Mapping Emergency Medical Services Departmental Training c Compliance l ; EMS Contract-Paramedics Plus' Department Health&Safety r Te 5„Com issiun on Fire Protection Coz pl,a a Ir'-'',' >>> * * '-;, . `Admiinistrativ ,Ca fain`, ;ter e' �M �"off`T t rtoe - :20 r ni' E ;E �;,'r74 '�3=`�; Special Operations � cxiSn n. p p _ E Hazardous Materials Response .. , Tom`;" ��` Tr Dhte Rescue Response ,fail;; "a.:Yx % e _ • '• � ; `dg _ i � .!';x -" =te: r 3-. 4, --.,.._ . .. ���=�Division Fire = y : �a �== � - , as ` ` 0E, y ;, � ®s: '�w e, , • �:;� � > " - - = _ n Chief a e a , ;ox > ;; ; jConfined Space Rescue • ' r c t°� ramw v GOVCU=19TestinHandMonitoringDrone Program , a w rs, -�` " Proposed , .Wildland Firefighting iiai �iyoEiri ai s' � Officer Detelopment Annual Physical Agility Testing infetdor Control Officer Regional Training Center Coordination(Wylie) ," Light Blue= Proposed Job Responsibility Shift to Administrative Division Chief(Battalion Chief Rank/Grade) Red=Task Handled by On-Duty Personnel { ° WYLIE FIRE RESCUE - ORGANIZATIONAL CHART FY2020-2021 PROPOSED ,„,, f W DEPARTMENT HEAD oritiv; FIRE CHIEF Iso i G Brandon Blythe FIRE ADMINISTRATION )4 ` a ADMINISTRATIVE ASST. MT V Cheryl Smith - � i trto r A FIRE ADMINISTRATION ,� •;- ASSISTANT CHIEF C mow tS Brian Ritter wx Bravo ` EMS/TRAINING/SAFETY FIRE OPERATIONS FIRE OPERATIONS FIRE OPERATIONS �� �� 4 DIVISION CHIEF BATTALION CHIEF BATTALION CHIEF BATTALION CHIEF S J N IE , Proposed A-SHIFT B-SHIFT C-SHIFT 1 EALNATIto EMERGENCY MGMNT LPREVENTION ,� —-`'' ,41-,- s4 r� `. -z ems,a may^ -.. % -oe �-- - �w, COORDINATOR FIRE OPERATIONS-A FIRE OPERATIONS- B FIRE OPERATIONS-G e � � - - f Debbie Buccino CAPTAIN CAPTAIN CAPTAIN er STATION 1 STATION 1 STATION 1 �' x aSUPPORT SERVICES 4 LOGISTICS SPECIALIST FIRE OPERATIONS-A FIRE OPERATIONS- B FIRE OPERATIONS -C - _ w —, John Scott CAPTAIN CAPTAIN CAPTAIN ;� a- .04 STATION 2 STATION 2 STATION 2 FIRE OPERATIONS-A FIRE OPERATIONS- B FIRE OPERATIONS-C a. t. , M- 4*2 CAPTAIN CAPTAIN CAPTAIN STATION 3 STATION 3 STATION 3 wm-Support Services, Emergency Management, Finance, Budget, * � � ''pp g yg m Fire & Life Safety Education, Fire Prevention, Inspections, FIRE ADMINISTRATION Purchasing, Billing, Dept. Policy, Health & Safety,Training, Building Plan Reviews, Enforcement, Code Compliance, ge ` Investigation, Arson RegulatoryCompliance Emergency Response, Public Relations, Hazard Mitigation, T-iiiattlOitAPIelnnfootigo 911 Emergency Communications, Dispatch, Regional Fire FIRE OPERATIONS CO MU CACTI NI Coordination, Radio System, Mobile Command Post, Citywide Company Training, Pre-Fire Planning Camera Systems WYLIE FIRE RESCUE - DIVISION CHIEF (PROPOSED) VA4' _ = i � - S.p f Dr. Moore TDSHS Comp1. Officer Hospital ER Reps Regional Training Officers TCFP Regional Response to Incidents Citywide Staff Paramedics Plus Executive City Secretary Community Questions 5 Chief Officers Compliance Officer 5 Fire Chiefs Local Clinics/Labs Wylie ISD Medical Supply Vendors Dept.Staff 9 Captains Texas Fire Chiefs Assoc. 9 Captains County Health EMS CONTRACTOR EMERGENCY AREA FIRE DEPARTMENT STATE&LOCAL HEALTH INFECTION PARAMEDICS PLUS MEDICAL -HOSPITAL - TRAINING COMPLIANCE & CONTROL SERVICES .z UASION PROGRAM MANAGER SAFETY OFFICER OFFICER EMS CONTRACT EMS QUARTERLY DEPARTMENT PERSONNEL TEXAS ON SCENE INCIDENT BIOHAZARD . ADMINISTRATOR CONTINUING LIASION TRAVEL/TRAINING COMMISSION ON SAFETY CONTROL& R.F.P.,PROCESS EDUCATION PROGRAM; COMPLAINT HANDING .j EDUCATION FIRE PROTECTION OFFICER MANAGEMENT MEDICALiTDSHS " TRAINING TEXAS MENTAL COVID-19 DIRECTION= LICENSING& RECORD FIRE CHIEFS HEALTH TESTING& DR:MOORE. COMPLI CE MANAGEMENT BEST PRACTICES PROGRAM MANAGER MONITORING PARAMEDICTRAINING NCTREGIONAL .R::,_ SPECIAL I.S.O DEPARTMENTAL MEDICAL PROGRAM' TRAUMA ADVISORY ;; ,;' OPERATIONS TRAINING PROGRAM PHYSICAL MONITORING SCHOOL/STUDENT COUNCIL COMPLIANCE MANAGER ASSESSMENTS/HEALTH WISD=/'COLLIN,'. ,': '.,'-':: ':'-igniglaiiWateiktiflaigna REGIONAL RISK CITY DEPARTMENT CAREER,TECH .:l's' -' 'I'''' g'gifltag''I'40PR,LAESI,kaiVVQSI FIRE TRAINING FIELD MANAGEMENT HEALTH LIASION, EQUIP. ENTMAINT, w COORDINATION PROGRAM INQUIRIES '.,001,111OPICIIIIN ACCIDENT innitiliAgqQaPkilliggiai INVESTIGATION REQUEST >: z &FOLLOWUP 10,111,AittgintiRiVilg Uner'ilt4EgO,%01,11,1 <. MANAGEMENT HIPPA COMPLIANCE OFFICER;.`