10-12-2010 (City Council) Agenda Packet Wylie City Council
CITY F IATYLIE NOTICE OF MEETING
Regular Meeting Agenda &
Joint Work Session
October 12, 2010 - 6:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tern
David Goss Place 1
Kathy Spillyards Place 3
Bennie Jones Place 4
Rick White Place 5
Carter Porter Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich 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 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATION
• Presentation regarding a refinance of the WEDC loan currently held at Inwood
National Bank.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. 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.
October 12,2010 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 the September 28, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Ordinance No. 2010-21 setting the time and place for all
regular City Council Meetings in the 2011 calendar year. (C. Ehrlich, City Secretary)
C. Consider, and act upon, Resolution 2010-31(R), authorizing the City Manager to
execute an Interlocal Agreement with Collin County and the Rita and Truett Smith
Public Library for library services for fiscal year 2010-2011 (R. Orazco, Library
Director)
REGULAR AGENDA
1. Consider, and act upon, Resolution 2010-32(R) authorizing the City Manager to
execute an Interlocal Agreement with Collin County concerning the design of
McMillen Road from East of McCreary Road to FM 1378. (C. Holsted, City
Engineer)
Executive Summary
The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which
included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008
which identified the funds needed for each project over the next five years. The County is selling bonds
yearly based on the project needs submitted by each city. The improvement to McMillen Road include
approximately 6,000 linear feet of 4-lane divided concrete roadway with underground storm sewer. The
project also includes a bridge structure over Muddy Creek. Total project cost is projected to be $8,298,750
and the County participation is$4,149,375.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code,
to wit:
Section 551.071 (Consultation with Attorney) of the Government Code, Vernon's Texas Code
Annotated (Open Meetings Act). Consultation with legal counsel regarding pending litigation
and/or settlement offers regarding the following pending matters:
• In the Matter of the Application of Wylie Northeast SUD For TPDES Permit No.
WQ0014935001; SOAH Docket No. 582-10-3785, TCEQ Docket No. 2010-0107-MWD;
pending before the Texas Commission on Environmental Quality.
• Petition of Lavon 593 Land Investment Partners, L.P. for Creation of Collin County
Water Control and Improvement District No. 3; SOAH Docket No. 582-10-2631, TCEQ
Docket No. 2009-1573-DIS; pending before the Texas Commission on Environmental
Quality
October 12,2010 Wylie City Council Regular Meeting Agenda Page 3 of 3
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those
exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive
Session, will be taken and recorded in open session.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
• Discussion and possible action on matters discussed in executive session.
JOINT WORK SESSION (City Council & Planning and Zoning Commission)
• Hold a Joint Work Session with the Planning and Zoning Commission to
discuss amendments to Zoning Ordinance 2006-04, Article 5, Section 5.1.J
(Accessory Uses); allowing for and providing certain safeguards relating to
Home Occupations. (R. 011ie, Planning Director)
ADJOURN PLANNING & ZONING COMMISSION
WORK SESSION
• Discussion Regarding possible digital signage at the new Municipal Complex
(M. Manson, City Manager)
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 8th day of October, 2010 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.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, September 28, 2010 — 6:00 p.m.
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. with the following Wylie City Council
members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Finance Director, Linda Bantz; Public
Services Director, Mike Sferra; City Secretary, Carole Ehrlich; Public Information Officer, Craig
Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Boy Scout Troop 442 presented the colors and led
the Pledge of Allegiance. Scouts present included: Michael Durbin, Paul Savage, Cooper Kane,
Matthew Savage, Brendan Disque, Seth Sehon, Drew Knight, Nathan Velazco, Christian
Hernandez, Jordan Velazco, Datton Maples, Christopher Clemmons and Bricen Gibbons. Scout
Leaders were Mark Durbin, David Savage and Chris Kane.
PRESENTATION
• Proclamation Honoring William Barr as "Mayor for a Day" (Mayor Eric Hogue)
Mayor Hogue introduced William Barr, a student at Smith Elementary. He reported that William
was designated as "Mayor for a Day" by the city and Smith Elementary for out bidding other
students at an auction held to raise funding for the school. "Mayor" William Barr sat with Mayor
Hogue for the duration of the meeting.
• Presentation of a plaque to Wylie Boy Scout Troop 442 (Mayor Eric Hogue)
Mayor Hogue presented a plaque to Boy Scout Troop 442 in recognition of making an important
contribution to the protection of the East Fork of the Trinity River by marking 177 storm drain
openings in the City of Wylie. Their efforts will help remind residents that whatever is in the storm
Minutes September 28, 2010
Wylie City Council
Page 1
drains eventually flows into area streams and creeks and can ultimately affect water quality and
the environment.
• Proclamation Honoring Brendan Disque for Accomplishing the "Eagle Scout"
Designation. (Mayor Hogue)
Mayor Hogue presented a proclamation to Boy Scout Brendan Disque for accomplishing the
designation of"Eagle Scout", the highest designation that can be achieved in scouting.
• Proclamation Designating October 5, 2010 as "National Night Out" in the City of
Wylie. (Sergeant D. Valdenpena)
Police Sergeant Donna Valdenpena and Mayor Hogue read a proclamation designating October
5, 2010 as "National Night Out" in the City of Wylie. Mayor Hogue invited all citizens to
participate in the annual event.
• Proclamation Honoring Cole Wells - Special Olympic gold medal winner. (Mayor
Eric Hogue)
Mayor Hogue presented a proclamation to Cole Wells designating August 21, 2010 as "Cole
Wells Day" in recognition of his achievement in winning a gold medal in the Special Olympics.
Cole's gold medal was won for his great achievement in the sport of golf. Cole's parents, Danny
and Pam Wells, along with other family members were present for the presentation.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. 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.
Matthew and Catherine Butschek, residing at 1755 FM 1378, Wylie, and Rod McCoy, residing at
106 N. Cottonbelt, Wylie, addressed council asking that no regulations be placed on home
occupations within the zoning ordinance by the Wylie City 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 the September 14, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider and place on file the City of Wylie Monthly Revenue and Expenditure
Report as of August 31, 2010 (L. Bantz, Director of Finance)
C. Consider and place on file the Wylie Economic Development Monthly Revenue and
Expenditure Report as of August 31, 2010 (S. Satterwhite, WEDC)
D. Consider, and act upon, Ordinance No. 2010-19 amending Zoning Ordinance 2006-
04, Article 5, Section 5.1.D (Office), 5.1.E (Recreational, Entertainment, and
Amusement), 5.1.F (Retail, Personal Service & Commercial); allowing for and
Minutes September 28, 2010
Wylie City Council
Page 2
providing certain safeguards and parking requirements relating to office,
amusement, and retail uses, specifically Financial Institutions, Car Washes, and
Inside Commercial Amusement. ZC2010-04 (R. 011ie, Director of Planning)
E. Consider, and act upon, awarding a bid for the purchase and installation of
furniture and fixtures for the new Civic Center. (J. Holcomb, Purchasing)
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
1. Consider, and act upon, approval of TexSTAR Investment Pool as an Authorized
Investment. (L. Bantz, Director of Finance)
Staff Comments
Finance Director Bantz addressed council stating that the City has invested funds with TexPool since
1992 and currently has over $70 million invested with TexPool. It would be in the best interests of the
City to have some funds invested elsewhere to provide diversity. TexSTAR is another pool in which
Texas local governments can invest funds jointly in a conservative investment option that focuses first
and foremost on return of principal and providing liquidity for its participants, which are the City's highest
ranking investment objectives. TexSTAR is administered by JPMorgan Asset Management, Inc. and First
Southwest Asset Management, Inc., both of whom have proven track records in local government
investment pool management. It is in full compliance with the Public Funds Investment Act and maintains
a AAAm credit rating by Standard and Poor's, the highest possible rating. Several other local entities
have funds invested with TexSTAR including Rowlett, Murphy, Garland, Richardson, Mesquite, Allen,
Collin County, Rockwall County, and Collin County Community College District.
Council Action
A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to approve
TexSTAR Investment Pool as an authorized Investment for the City of Wylie. A vote was taken
and the motion passed 7-0.
2. Consider, and act upon, approval of the Financial Management Policies.
(L. Bantz, Director of Finance)
Staff Comments
Finance Director Bantz addressed council stating that the purpose of the Financial Management Policies
is to formalize financial guidelines for the City. They will assist City staff in planning and directing the
City's financial affairs and provide a document that codifies these policies in one place. Bantz explained
that the overriding goal of the Financial Management Policies is to enable the City to achieve a long-term
stable and positive financial condition while conducting its operations consistent with the Council-
Manager form of government established in the Wylie City Charter. She noted that the basis for the City's
Financial Management Policies includes integrity, prudent stewardship, planning, accountability and full
disclosure. Finance Director Bantz explained that the scope of the policies spans accounting, auditing,
financial reporting, internal controls, operating and capital budgeting, revenue management, cash
management, expenditure control, and debt management.
Minutes September 28, 2010
Wylie City Council
Page 3
The current Financial Management Policies were approved November 17, 2005. Small changes have
been made to them to incorporate practices which are currently being performed, including:
1. Providing monthly financial reports to the City Council
2. Projecting a 100% rate for tax collections as the tax office does
3. Establishing a contingency account for expenditures at midyear, based on the amount of
available salary savings resulting from vacant positions
4. Updating purchasing limits to properly reflect current practices and state law
5. Providing monthly investment reports to the City Council
6. Updating operating reserve policies to reflect goals which are currently being used
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve the
Financial Management Policies for the City of Wylie. A vote was taken and the motion passed 7-
0.
3. Consider and act upon Resolution 2010-30(R) approving the current Investment
Policy as required by the Texas Government Code, Chapter 2256, Public Funds
Investment Act, Subchapter A—Authorized Investments for Governmental Entities.
(L. Bantz, Director of Finance)
Staff Comments
Finance Director Bantz addressed council stating that the Texas Government Code requires that the
governing body of an investing entity review its investment policy not less than annually. The governing
body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed
the investment policy and that the written instrument so adopted shall record any changes made to the
investment policy. The current Investment Policy was approved December 12, 2006. No changes are
currently being made to it.
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to adopt Resolution
No., 2010-30(R) approving the current Investment Policy as required by the Texas Government
Code, Chapter 256, Public Funds Investment Act, Subchapter A — Authorizing Investments for
Governmental Entities. A vote was taken and the motion passed 7-0.
4. Consider, and act upon, authorizing the mayor to execute a contract amending
exhibit "C" of the Solid Waste and Recycling Contract between the City of Wylie
and Community Waste Disposal (CWD).
Staff Comments
Assistant City Manager Butters addressed council stating that the City of Wylie's solid waste and
recycling provider (CWD) has requested a rate adjustment for solid waste and recycling services. He
explained that a work session had been held at the September 14th City Council meeting to outline the
adjustments requested and to get Council feedback. The amendment to Exhibit "C" incorporates the
adjustments requested by CWD.
Council Action
A motion was made by Councilman Porter, seconded by councilman White to authorize the
Mayor to execute a contract amending Exhibit "C: of the Solid Waste and Recycling contract
between the City of Wylie and Community Waste Disposal (CWD). A vote was taken and the
motion passed 7-0.
Minutes September 28, 2010
Wylie City Council
Page 4
5. Consider, and act upon, Ordinance No. 2010-20, amending Ordinance No. 2009-12,
Exhibit "A" (Wylie Comprehensive Fee schedule), Section II (Garbage, Trash and
Brush Fees), B (Commercial Charges); Providing for a penalty for the violation of
this ordinance; providing for repealing, savings and severability Clauses; and
providing for an effective date of this ordinance.
Staff Comments
Assistant City Manager Butters addressed council stating that the City of Wylie's solid waste and
recycling provider (CWD) has requested a rate adjustment for solid waste and recycling services which
was approved by council. The amendment to the Fee Ordinance incorporates those adjustments
requested by CWD and provides them as part of the fee codes.
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to adopt Ordinance
No. 2010-20, amending Ordinance No. 2009-12, Exhibit "A" (Wylie Comprehensive Fee
Ordinance), Section II (Garbage, Trash and Brush Fees), B (Commercial Charges); Providing
for a penalty for the violation of this ordinance; Providing for repealing, savings and severability
clauses; and Providing for an effective date of this ordinance. A vote was taken and the motion
passed 7-0.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Ehrlich read the captions to Ordinance No.'s 2010-19 and 2010-20 into the
official record.
WORK SESSION
• Discussion Regarding Fire Protection and ISO Rating(R. Corbin, Fire Chief)
Chief Randy Corbin gave a brief overview of Fire Protection and the ISO Rating. He reported
currently the city is rated best at an ISO 1. He explained after some research, the rating was
based on response times and found the difference between an ISO 1 rating and ISO 2 rating
had minimal affect on insurance rates to both commercial and residential homes. He noted the
ISO rating is based on timely intervention in life and property emergencies. Chief Corbin
reported that currently the department is operating 3 fire stations with a total of 12 personnel on
duty. Two Quints, one contracted MICU, and Station #3's Quint/Battalion Chief/Squad. Call
volume continues to increase with the city's population. He presented the WFR strategic plan
with regard to the ISO rating and response times. The report called for one additional fire station
(Station #4) that has been needed since Wylie exceeded 40,000 people, and is needed as soon
as possible. Based on the numbers at build out and optimum response time, stations could be
expanded every time the population grows another 10,000 in population up to 7 stations.
• Discussion Regarding possible signage at the new Municipal Complex (M.
Manson, City Manager)
Mayor Hogue announced the work session regarding possible signage at the new Municipal
Complex would be discussed at a later date when all costs had been compiled.
Minutes September 28, 2010
Wylie City Council
Page 5
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman Porter,
seconded by Councilman Jones to adjourn the meeting at 7:55 p.m. A vote was taken and the
motion passed 7-0.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes September 28, 2010
Wylie City Council
Page 6
Wylie City Council
CITY OF WYLIE AGENDA REPORT
q----- _.�
Meeting Date: October 12, 2010 Item Number: B.
(City Secretary's Use Only)
Department: City Secretary
Prepared By: Carole Ehrlich Account Code:
Date Prepared: October 12, 2010 Budgeted Amount:
Ordinance No. 2010-21
Exhibits: Council Meeting Calendar
Subject
Consider, and act upon, Ordinance No. 2010-21 setting the time and place for all regular City Council Meetings
in the 2011 calendar year.
Recommendation
A motion to approve Ordinance No. 2010-21 setting the time for 6:00 p.m. and place for all regular City
Council Meetings in the 2011 calendar year.
Discussion
The City of Wylie Home Rule Charter in Article III, Section 9 states that the City Council shall hold at least one
regular meeting each month and as many additional meetings as it deems necessary to transact the business of
the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings
of the City Council shall be held on the call of the mayor or a majority of the City Council members.
By this Ordinance, the dates and times of all regular meetings in 2011 will be set. During the months of
November and December one meeting per month has been scheduled due to the holidays. Upon request of the
Council, special called meetings and work sessions can be scheduled at any times designated by the City
Council and posted in accordance with the Texas Open Meetings Act.
Approved By
Initial Date
Department Director CE 9-30-10
City Manager AM /0/6110
Page 1 of 1
ORDINANCE NO. 2010-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY
COUNCIL MEETING DATES FOR CALENDAR YEAR 2011 FOR THE
CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING
AND SEVERANCE CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS,the City Council normally meets on the 2nd and 4th Tuesday of each month; and
WHEREAS, the City Charter requires the City Council to meet at least once each month; and
WHEREAS, many citizens, City employees and elected officials take vacations or are
unavailable during the holidays; and
WHEREAS, the City Council finds it will be beneficial and in the best interests of the public
to set forth its regular meeting dates for the calendar year 2011.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular
meetings will be held on the 2nd and 4th Tuesdays for the first ten months of 2011 (January through
October) and on the 2nd Tuesday in November and December, 2011, which shall be on the following
dates:
January 11 and 25, 2011 July 12 and 26, 2011
February 8 and 22, 2011 August 9 and 23, 2011
March 8 and 22, 2011 September 13 and 27, 2011
April 12 and 26, 2011 October 11 and 25, 2011
May 10 and 24, 2011 November 8, 2011
June 14 and 28, 2011 December 13, 2011
SECTION 3: Nothing herein shall prohibit the City Council from canceling or changing the
regular meeting dates established herein or from holding special or other meetings as allowed by law.
SECTION 4: The City Council's regular meetings shall generally begin at 6:00 p.m. and are
usually held at 300 Country Club Road, Suite #100, Wylie, Texas in the City Council meeting
chambers in City Hall; however the exact time and location for each meeting shall be posted in
accordance with the Texas Open Meetings Act.
Ordinance No.2010-21
Ordinance Establishing Meeting Dates
Calendar Year 2011
Page 1
SECTION 5: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of
the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any
violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting
ordinances shall remain in full force and effect.
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Wylie hereby declares that it would have passed this Ordinance, and each section, subsection,
sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this
the 12th day of October 2010.
Eric Hogue, Mayor
ATTEST TO:
Carole Ehrlich, City Secretary
Ordinance No.2010-21
Ordinance Establishing Meeting Dates
Calendar Year 2011
Page 2
7 2011 Council & Election Dates
CITY OF WYLIE
t
JANUARY FEBRUARY _ MARCH
SMT W T F S SMT WIF S S M T W T F S
1 1 2 3 4 5 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 15 17 18 19
16 17 1111 19 20 21 22 20 21 22 23 24 25 26 20 21 1E3 23 24 25 26
23 24 25 26 27 28 29 27 28 27 28 29 30 31
30 31
APRIL MAY JUNE
S M T W T F S S M T W T F S S M T W T F S
1 2 1 3 4 5 - 7 1 2 3 4
3 4 5 6 7 8 9 8 9 10 11 12 13 5 6 7 8 9 10 11
10 11 12 13 1111 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18
17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25
24 25 26 27 28 29 30 29 30 31 26 27 28 29 30
JULY AUGUST SEPTEMBER
S M T W T F S SMTW T F S S M T W T F S
1 2 1 2 3 4 5 6 1 2 3
3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10
10 11 12 13 14 111111 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17
17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24
24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30
31
OCTOBER NOVEMBER DECEMBER
S M T W T F S SMTW T F S SMTW T F S
1 1 2 3 4 5 1 2 3
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
Council Dates
n Finance Resort Due Dates
i First Day to File-February 12 January 18-Last Day for filing 2010 Campaign Contributions and Expenditures for 2010
Last Day to File-March 14 Elected Officials
Last Day to Withdraw-March 22 fFor those that did not file a Final Report)
Draw for a place on the Ballot-March 16 at 10:00 a.m. April 14-First Filing of Campaign Contributions and Expenditures
First Day of Early Voting-May 2 May 6-Second Filing of Campaign Contributions and Expenditures
Last Day of Early Voting-May 10
July 15-Last day for filing Semi-Annual Report of Contributions and Expenditures
ELECTION DAY-MAY 14
71 Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: October 12, 2010 Item Number: C.
Department: Library (City Secretary's Use Only)
Prepared By: Rachel Orozco Account Code:
Date Prepared: September 22, 2010 Budgeted Amount: $ 23,923.12
Resolution 2010-31
Exhibits: Interlocal Agreement
Subject
Consider, and act upon, Resolution 2010-31(R) authorizing the City Manager to execute an Interlocal
Agreement between Collin County and the Rita and Truett Smith Public Library for funding of library services
for the 2011 fiscal year(October 2010 through September 2011).
Recommendation
A motion to approve Resolution 2010-31(R) authorizing the City Manager to approve an Interlocal Agreement
between Collin County and the Rita and Truett Smith Public Library for funding of library services for the 2011
fiscal year(October 2010 through September 2011).
Discussion
Collin County allocates funds for library services to cities in the County.
For fiscal year 2011, Collin County will fund the Rita and Truett Smith Public Library $23,923.12 from October
2010 through September 2011. Payments are made to the City of Wylie on a quarterly basis.
Approved By
Initial Date
Department Director RO 9/22/2010
City Manager 1�m /13I51l D
Page 1 of 1
RESOLUTION NO. 2010-31(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH
COLLIN COUNTY, TEXAS FOR FUNDING OF LIBRARY SERVICES
FOR THE 2011 FISCAL YEAR.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement
between the City of Wylie, Texas and the Collin County, Texas for funding of library services
for the 2011 fiscal year(October 2010 through September 2011).
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on
this the 12th day of October, 2010.
Eric Hogue, Mayor
ATTEST TO:
Carole Ehrlich, City Secretary
Resolution No.2010-31(R)
Interlocal Agreement with Collin County
Library Services for fiscal year 2011
EXHIBIT "A"
Interlocal Agreement
563458-1
THE STATE OF TEXAS
COUNTY OF COLLIN
INTERLOCAL AGREEMENT BETWEEN
THE COUNTY OF COLLIN
AND
THE RITA & TRUETT SMITH PUBLIC LIBRARY
This agreement is made and entered by and between Collin County, a
political subdivision of the State of Texas, hereinafter referred to as the
"COUNTY" and the Rita & Truett Smith Public Library; hereinafter
referred to as the "LIBRARY".
II.
The COUNTY and LIBRARY agree as follows:
The COUNTY is a duly organized political subdivision of the State of
Texas engaged in the administration of County Government and related
services for the benefit of the citizens and residents of Collin County.
The LIBRARY is a City Council created entity established for
administering and providing library services for the general public in Collin
County, Texas.
The undersigned officers or agents of the COUNTY and the
LIBRARY are properly authorized officials and agents and each has the
necessary authority to execute this contract on behalf of said agent's
principal and that any necessary resolutions or orders extending said
authority have been duly passed and are now in full force and effect.
The COUNTY agrees to fund the LIBRARY in the amount of
$23,923.12 for the 2011 fiscal year (October 2010 through September 2011)
of the COUNTY, under the conditions and terms set out herein.
In exchange for said funds provided by the COUNTY, the
LIBRARY will provide the following services to the citizens of Collin
County for the year of 2011:
'The LIBRARY shall continue to provide full library
services for residents of Collin County, Texas,
without distinction between those who reside
within or without an incorporated area of the
county.
The LIBRARY shall perform such other functions
and duties as may be required of it by law or by
lawful authority.
All benefits and services provided by the LIBRARY and the
administration of its program or programs shall be done in conformity with
all State and Federal Laws and without regard to race, religion, gender or
ethnic background of the persons being served, and without regard to the
immigration status of the persons being served.
All funds provided to the LIBRARY by the COUNTY shall be used
solely for library services to the public.
The LIBRARY shall diligently prepare and keep accurate and current
records of its board meetings, official actions and expenditures and shall
permit inspection and copying of said records by authorized agents of the
Commissioners' Court, District Attorney and County Auditor of Collin
County, Texas from 8:00 A.M. to 5:00 P.M. Monday through Friday of each
week (except officially recognized holidays).
Further, the LIBRARY agrees to submit to audits by the County
Auditor in accordance with the directions of said official.
The LIBRARY shall comply with the Texas Open Records Act and
the Texas Open Meetings Act, provided that matters and records deemed
confidential by law shall not be compromised.
For the aforementioned services provided by the LIBRARY, the
COUNTY agrees to pay to the LIBRARY for the full performance of this
agreement: the sum of$5,980.78 on a quarterly basis. The LIBRARY
understands and agrees that payment by the COUNTY to the LIBRARY
shall be made in accordance with the normal and customary processes and
business procedures of the COUNTY, and in conformance with applicable
state law.
Neither of the parties to this agreement waives or shall be deemed
herby to waive any immunity or defense that would otherwise be available
to it against claims arising from the exercise of governmental powers and
functions. The LIBRARY is not given authority by this contract to place
the COUNTY under any manner of legal obligation to any third party,
person, entity or agency, and is not hereby made an agent of the COUNTY
for the purpose of incurring liability. The LIBRARY does not have under
this agreement authority or legal capacity to admit or confess error or
liability on behalf of the COUNTY.
The effective date of this agreement shall be the day that it is signed
by both parties.
This agreement and any of its terms and provisions, as well the rights
and duties of the parties hereto, shall be governed by the laws of the State of
Texas.
In the event that any portion of this agreement shall be found to be
contrary to law, it is the intent of the parties hereto that the remaining
portions shall remain valid and in full force and effect to the extent possible.
EXECUTED in duplicate originals this, the day of , 2010.
BY:
The County Judge of Collin County, Texas
BY:
The Authorized Representative of Date
The Rita & Truett Smith Public Library
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: October 12, 2010 Item Number: 1.
Department: Engineering (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: 415-5415-56570
Date Prepared: October 1, 2010 Budgeted Amount: $500,000
Resolution 2010-32(R), ILA,
Exhibits: Project Location Map
Subject
Consider, and act upon, Resolution 2010-32(R) authorizing the City Manager to execute an Interlocal
Agreement with Collin County concerning the construction of McMillen Road from McCreary Road to FM
1378.
Recommendation
Motion to approve Resolution 2010-32(R) authorizing the City Manager to execute an Interlocal Agreement
with Collin County concerning the construction of McMillen Road from East of McCreary Road to FM 1378.
Discussion
The voters of Collin County approved the 2007 Collin County Bond Program in November 2007 which
included five street projects in the City of Wylie. A project schedule was approved on February 12, 2008 which
identified the funds needed for each project over the next five years. The County is selling bonds yearly based
on the project needs submitted by each city.
The improvement to McMillen Road include approximately 6,000 linear feet of 4-lane divided concrete
roadway with underground storm sewer. The project also includes a bridge structure over Muddy Creek. Total
project cost is projected to be $8,298,750 and the County participation is $4,149,375. Funding for the City's
portion of the project has not yet been identified. The County previously completed an alignment study for the
roadway which was approved by Council on July 8, 2003.
On September 23, 2008, Council approved an Interlocal Agreement with Collin County for the 2008 funding for
the project which totaled $500,000. The attached Interlocal Agreement will authorize the 2009 funding for the
project. On March 10, 2009 Council approved an engineering agreement in the amount of$1,002,300 for the
design of the roadway and construction plans are 65% complete. Once the agreement is approved by Collin
County, staff will request that the remaining engineering funds be released for the project.
Approved By
Initial Date
Department Director CH 1/30/08
City Manager Io (0
Page 1 of 1
RESOLUTION NO. 2010-32(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL
AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF
WYLIE CONCERNING THE CONSTRUCTION OF McMILLEN ROAD
FROM EAST OF McCREARY ROAD TO FM 1378 (2009 FUNDING).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, the interlocal agreement
between Collin County and the City of Wylie concerning the construction of McMillen Road
from east of McCreary Road to FM 1378 (2009 Funding),
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie
Texas, on this the 12th day of October, 2010.
ERIC HOGUE, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution 2010-32(R)
ILA between Collin County and City of Wylie
Construction of McMillen Rd from McCreary Road to FM 1378
EXHIBIT "A"
Interlocal Agreement
Resolution 2010-32(R)
ILA between Collin County and City of Wylie
Construction of McMillen Rd from McCreary Road to FM 1378
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR CONSTRUCTION OF McMILLEN ROAD FROM EAST OF MCCREARY
RD TO FM 1378 BOND PROJECT #07-091 (2009 FUNDING)
WHEREAS, the County of Collin, Texas ("County") and the City of Wylie, Texas
("City") desire to enter into an agreement concerning the construction of McMillen Road
and other improvements from east of McCreary Road to FM 1378 in Collin County,
Texas; and
WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791)
authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, the City and County have determined that the improvements may be
constructed most economically by implementing this Agreement.
WHEREAS, the 2007 Bond Program allocated $4,149,375 to the Project #07-091;
McMillen Road from East of McCreary to FM 1378.
WHEREAS, a 2008 Funding Interlocal Agreement for $500,000 was approved on
October 14, 2008; Court Order# 2008-861-10-14.
WHEREAS, this Interlocal Agreement will cover bonds sold in 2009 in the amount of
$500,000.
NOW, THEREFORE, this Agreement is made and entered into by the County and the
City upon and for the mutual consideration stated herein, the receipt and sufficiency of
which is hereby acknowledged.
WITNESSETH:
ARTICLE I.
The City shall arrange to construct improvements to McMillen Road, hereinafter
called (the "Project"). The Project shall consist of constructing a 4-lane divided concrete
roadway, a distance of approximately 6,000 feet. The improvements shall also include
construction of underground storm sewers as part of the road improvements. All
improvements shall be designed to meet or exceed the current Collin County design
standards and shall be constructed in accordance with the plans and specifications
approved by the City.
ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 1
521932.v2
Resolution 2010-32(R)
ARTICLE II.
The City shall acquire all necessary right-of-way for the Project. The City shall
prepare plans and specifications for the improvements, accept bids and award a contract
to construct the improvements and administer the construction contract. In all such
activities, the City shall comply with all state statutory requirements. The City shall
provide the County with a copy of the executed construction contract(s) for the Project.
ARTICLE III.
The City estimates the total cost of the Project to be $8,298,750, which shall
include land acquisition, engineering, construction, inspection, testing, street lighting, and
construction administration costs including contingencies. The total amount of the 2009
Funds remitted by the County shall not exceed $500,000. The Payment Schedule is as
follows:
(a) Within thirty (30) days after the City issues a notice that the Engineering Project
is fifty percent (50%) complete and requests payment from the County, the
County shall remit the 2009 Funds covered under this Agreement.
(b) At the completion of the Project, the City shall provide a final accounting of
expenditures for the Project. If the actual cost of the Project is less than the
estimated cost of $8,298,750, the City shall reimburse the County so that the
County will have only paid fifty percent (50%) of the actual cost of the Project.
(c) The Commissioners Court may revise this payment schedule based on the
progress of the Project.
ARTICLE IV.
The City shall prepare for the County an itemized statement specifying Project
costs that have been incurred to date and submit detailed Project cost and progress reports
every thirty (30) days until Project completion.
ARTICLE V.
The City and County agree that the party paying for the performance of
governmental functions or services shall make those payments only from current
revenues legally available to the paying party.
ARTICLE VI.
INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH
PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES)
FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES
ILA between Collin County and the City of Wylie re: McMillen Rd. (Project#07-091) Page 2
521932.v2
Resolution 2010-32(R)
(INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE),
AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS,
INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY
WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM ITS
PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS
NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE
OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR
WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH
PERFORMING THIS AGREEMENT.
ARTICLE VII.
VENUE. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement. The parties agree that this Agreement
is performable in Collin County, Texas and that exclusive venue shall lie in Collin
County, Texas.
ARTICLE VIII.
SEVERABILITY. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary to any
rule or regulation having the force and effect of the law, the remaining portions of the
agreement shall be enforced as if the invalid provision had never been included.
ARTICLE IX.
ENTIRE AGREEMENT. This Agreement embodies the entire agreement
between the parties and may only be modified in a writing executed by both parties. This
Agreement supersedes all prior negotiations, representations and/or agreements, either
written or oral.
ARTICLE X.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, their successors, heirs, personal representatives and assigns. Neither party
will assign or transfer an interest in this Agreement without the written consent of the
other party.
ARTICLE XI.
IMMUNITY. It is expressly understood and agreed that, in the execution of this
Agreement, neither party waives, nor shall be deemed hereby to have waived any
immunity or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement, the
ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 3
521932.v2
Resolution 2010-32(R)
parties do not create any obligations, express or implied other that those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
ARTICLE XII.
TERM. This Agreement shall be effective upon execution by both parties and
shall continue in effect annually until final acceptance of the Project. This Agreement
shall automatically renew annually during this period.
APPROVED AS TO FORM: COUNTY OF COLLIN, TEXAS
By: By:
Name: Name:
Title: Title: County Judge
Date: Date:
Executed on this day of
200_, by the County of Collin,
pursuant to Commissioners' Court
Order No. .
ATTEST: CITY OF WYLIE, TEXAS
By: By:
Name: Carole Ehrlich Name: Mindy Manson
Title: City Secretary Title: City Manager
Date: October 12, 2010 Date: October 12, 2010
Executed on behalf of the City of
Wylie pursuant to City Council
Resolution No. 2010-32(R)
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
Date:
ILA between Collin County and the City of Wylie re: McMillen Rd.(Project#07-091) Page 4
521932.v2
Resolution 2010-32(R)
October 12th 2010
CITY OF WYLIE WYLIE CITY COUNCIL-
WORK SESSION ITEMS
■ Hold a Joint Work Session with the Planning and Zoning
Commission to discuss amendments to Zoning Ordinance
2006-04, Article 5, Section 5.1.J (Accessory Uses); allowing
for and providing certain safeguards relating to Home
Occupations. (R. 011ie, Planning Director)
■ Discussion Regarding possible signage at the new Municipal
Complex (M. Manson, City Manager)
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: October 12, 2010 Item Number: Work Session
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: October 1, 2010 Budgeted Amount:
Exhibits:
Subject
Hold a Joint Work Session with the Planning and Zoning Commission to consider amendments to Zoning
Ordinance 2006-04, Article 5, Section 5.1.J (Accessory Uses); allowing for and providing certain safeguards
relating to Home Occupations.
Recommendation
Direction
Discussion
At its September 14t meeting it was directed by Council to hold a joint work session with the Planning and
Zoning Commission to further discuss amendments to Section 5.1.J Accessory Uses, 9, as it relates to Home
Occupations.
Home Occupations are currently allowed in the City with somewhat restricted regulations, specifically not
allowing customers to retrieve items from the business owner's residence. As written in the ordinance, pick up
of such items as cosmetics, candles, firearms and books are currently prohibited. The current ordinance states
that "there shall be no sale of merchandise which requires customers to go to the property". Today many
consumers purchase items via the internet, telephone, or at product-sponsored home parties. Some of these
transactions, due to State and Federal regulations, have additional steps in the process that necessitates the
products being delivered to the sellers address and not to the customer who originally made the purchase. A
change to the Home Occupation Ordinance would continue promoting entrepreneurship while maintaining the
residential integrity of the neighborhood.
The intent is not to simply make this an open-ended market where residential neighborhoods would begin to
resemble commercial districts. Therefore, certain safe-guards are proposed to insure that residential
neighborhoods continue to maintain a residential character and not allow an over-abundance of traffic that is not
customarily associated with single-family dwelling areas.
The primary change in text removes the statement that there shall be no sale of merchandise which requires
customers to,Qo to the property,
and replaces it with:
sales from orders previously made by telephone, internet or at a previously held off-site sales party may be
filled on the premises.
Page 1 of 2
Page 2 of 2
Planning Commission Discussion
The Commission discussed at length whether or not requirements and/or regulations should be put in place
regarding the inside use of a dwelling unit. Initially staff proposed to limit the space dedicated for home
occupation to 10% of the total floor area including the garage. As an example, if the property owner resides in a
2,000 s.f. home, 200 s.f. can be dedicated as a home occupation; or on a smaller scale, a 900 s.f. home could
dedicate 90 s.f. to the home occupation. These numbers roughly equate to one room (typically a bedroom or a
living room). However, after much debate, the Commission directed staff to remove this clause from the
proposal.
Additionally, the Commission also eliminated the clause that all employees shall be members of the resident
family and shall reside on the premises. The Commission voted to replace the clause with No more than 3
additional employees on the premises who need not be residents of the premises.
City Council Discussion
Council discussed at length the recommendation to allow additional employees in the home that reside outside
of the residence. They also discussed whether there should be a limit to the amount of square footage that could
be designated for a home occupation.
Consideration:
- By definition, Home Occupation is an occupation that is incidental to the primary use of the
premises as a residence and conducted on the residential premises by a resident of the premises. In
essence, without specifying a certain percentage, a home occupation could occupy up to 49% of the total
floor area and remain in conformance with the ordinance.
- Number of employees allowed to work on the premises who do not reside in the home.
- Residential property owners using exterior garage space for commercial auto repair.
- Allowing merchandise pick-up from a home business.
Approved By
Initial Date
Department Director RO 10/01/10
City Manager A� /0/S1(0
Wylie Municipal Complex
Monument Sign Options
Option A -
Single-sided sign parallel to Country Club
Construction Cost Estimate - $23,500
Option B -
Dual-Sided sign perpendicular to Country Club
Construction Cost Estimate - $28,000
Light Board Cost Range - $16,000 - $32,000
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