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03-27-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, March 27, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. WISD Student Government representatives were also present. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Public Library Director, Rachel Orozco; Finance Director, Larry Williamson;WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Harold Hembree, pastor of the First Christian Church of Wylie gave the Invocation and student Matt Tillery led the Pledge of Allegiance. PRESENTATIONS • Student Government Day 2007 Mayor Mondy explained Student Government Day to those present. He stated that in conjunction with WISD, the City staff and Council held a "Student Government Day" for the past 10-12 years. Students from Wylie High School enrolled in concurrent courses both for high school credit and college credit are invited to attend and sit with the City Council during a regular meeting. The following day, those same students hold their own "Mock Council Meeting"with the assistance of City staff and City Council. Minutes—March 27, 2007 Wylie City Council Page 1 Mayor Mondy read a proclamation denoting March 27, 2007 as "O. W. Hampton Day". He explained to those present that Mr. Hampton was a long time business owner in Wylie. He moved to Wylie in 1946 to operate a dry cleaning business; he served as Mayor from 1964 to 1968 and also served as Fire Chief and president of the Wylie Chamber of Commerce. Mayor Mondy stated that this proclamation was in memory of his service to Wylie and the legacy he leaves on our community. 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. Kurt Strange residing at 7900 E. Parker Road, Allen Texas 75602 addressed Council stating that about seven to eight years ago he and several of the residents in his area had been annexed into the City of Wylie. He reported that there had been several times he had needed Wylie City services and had not received them due to the providers stating that he was not in the City Limits of Wylie. He explained that the reason for this was the addresses; due to post office boundaries were in the City of Allen. He reported that in the past 7 years nothing had changed regarding services. He stated that on behalf of him and the other residents that were annexed, he was requesting de-annexation. Mayor Mondy stated that he would have staff review the comments regarding services and report back to him. 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 Minutes from the March 27, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 28, 2007. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth, to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA General Business Tabled from March 13, 2007 1. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, a request to eliminate the distance requirement between a Beer and Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78. (R. 011ie, Planning Director) Minutes—March 27, 2007 Wylie City Council Page 2 Council Action A motion was made by Councilman Hogue to remove item #1 regarding a request to eliminate the distance requirement between a Beer and Wine Package Sales establishment and a public school; property being located at 405 South Highway 78 from the table. Consensus of Council was to remove and consider. Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting a variance to the distance requirement in accordance with the Alcoholic Beverage Code Title 4 Regulatory and Penal Provisions, Chapter 109. Miscellaneous Regulatory Provisions, Section 109.33, Subsection (e). The requested variance is to grant a distance of zero feet as measured in a direct line from property line to property line. The property is located at 405 South Highway 78 and abuts the Hartman Elementary School (a public school). Per the Alcoholic Beverage Code Section 109.33 of Title 4, Subchapter C Local Regulation of Alcoholic Beverages, the governing body of a municipality has the authority to prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. Planning Director 011ie reported that staff believed the request did not meet the intent of the Ordinance nor State law and was recommending denial. Applicant/Attorney Comments Mr. John Gamboa, attorney for the applicant (Farhan Rajani 405 S. Highway 78, Wylie Texas) addressed Council stating that the applicant and he had first filed an application with the Zoning Board of Adjustment to request for a non conforming use variance. The request was denied by staff pursuant to the Alcoholic Beverage Code Title 4 Regulatory and Penal Provisions, Chapter 109 (109.33). He explained that he had received a copy of the Wylie Ordinance regulating distance for establishments selling wine and beer and reported that a city could not go under the regulations of the TABC Code if the City passed an ordinance locally regulating the sale of alcohol. He explained that the ordinance did not give applicants an avenue for redress. He requested that the Council allow the applicant to go before the Wylie Board of Adjustments. He noted a case in Fort Worth that he felt was similar to this request which allowed a twelve foot fence to be constructed between the properties. He explained that the request was heard by the Zoning Board of Adjustments as a non-conforming variance. He noted that the variance was recommended for approval by that local ZBOA to the City Council. Mr. Gamboa requested that Council allow the request to be heard by the Wylie Zoning Board of Adjustments with the stipulation that the non- conforming variance would be approved only for the current owner and would die if the property were sold to another owner. Mr. Gamboa explained that the City Ordinance disallowed the sale of alcohol within the 300 ft. requirement with a penalty of $2,000. if the ordinance was violated. He commented that if a penalty is assessed, the person has no recourse for appeal. He explained that this must be provided. He explained that his client was willing to construct any size and/or material fence the City requested to prevent children from accessing the store property either by going under or over the fence from the playground. He also noted that the applicant was willing to cease the sale of alcohol during school hours if necessary to allow the non-conforming variance. Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to deny a request to eliminate the distance requirement between a Beer and Wine Package Sales establishment and a public school; property being located at 405 South Highway 78. A vote was taken and passed 7-0. Request denied. 2. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR). (L. Williamson, Finance Director) Minutes—March 27, 2007 Wylie City Council Page 3 Staff Comments Finance Director Williamson addressed Council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit, requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor, Rutledge Crain & Company, PC, has performed an audit as of September 30, 2006. Mr.Williamson introduced Mr. Lewis Crain representing Rutledge Crain & Company. Auditor Comments Mr. Lewis Crain representing Rutledge, Crain & Company, PC addressed Council stating that Wylie had a very good year in 2005-06. He highlighted some of the items in the audit and reported that the audit letter accompanying the CAFR was again a clean audit. He explained some of the new legislative requirements that would be taking effect in the next couple of years and reported that city staff seemed to be working well together. He commented that there was a vast improvement this past year, from the prior year, in internal control. He reported that the concerns that had been noted the year before, for the most part, had been taken care of. He reviewed with Council the Management's Discussion and Analysis letter. Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to accept and place on file the Comprehensive Annual Financial Report (CAFR) for 2006. A vote was taken and passed 7-0. 3. Consider, and act upon, all matters incident and related to the issuance and sale of "City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007", including the adoption of Ordinance No. 2007-09 authorizing the issuance of such certificates of obligation. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City approved a 5 year Capital Improvement Plan (CIP)for water and sewer projects and identified certain projects as being funded with Certificates of Obligations. The debt service for these bonds was included in the City's Water Rate Study. This ordinance authorizes the sale of these bonds to the underwriters, with closing scheduled for early May 2007. He explained due to the refunding of the prior General Obligation Bonds included with the new bonds, the interest rate came in at 4.33% compared to the last sale at 4.41%. Mr. Williamson explained that David Mednich with First Southwest was present to answer any questions. Advisor Comments David Mednich representing First Southwest presented a "Pricing Book" to Council. This included rating agency pricings, insurer for the bonds and comparable bond sales. He explained to Council the use of insurance to receive a AAA Bond Rating. Mr. Mednich commented that this bond rating would be AAA pursuant to the insurance. Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to adopt Ordinance No. 2007-09 authorizing the issuance of"City of Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007": in the aggregate principal amount of $7,680,000; approving and authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Agreement and the approval and distribution of an Official Statement. A vote was taken and passed 7-0. Minutes—March 27, 2007 Wylie City Council Page 4 4. Consider, and act upon, all matters incident and related to the issuance and sale of "City of Wylie, Texas, General Obligation Refunding Bonds, series 2007", including the adoption of Ordinance No. 2007-10 authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that First Southwest Company submitted a proposal to refund a portion of the City's General Obligations Bonds, series 1997, series 1999, and series 2000. The purpose of the refunding is to lower the debt service payments made by the City. This is accomplished by refinancing (refunding) the old debt with new debt at a lower interest rate. Mr. Williamson explained that the value savings associated with the refinancing was greater than 5%. Council Action A motion was made by Councilman Young, seconded by Councilman White to adopt Ordinance No. 2007-10 authorizing the issuance of "City of Wylie, Texas, General Obligation Refunding Bonds, Series 2007": in the aggregate principal amount of $4,815,000; providing for the redemption of the obligations being refunded and approving and authorizing the execution of a Paying Agent/Registrar Agreement, a Purchase Agreement and a Special Escrow Agreement, and the approval and distribution of an Official Statement. A vote was taken and passed 7-0. 5. Consider, and act upon, acceptance of the resignation of Gary Bartow and appoint a new Board Member to the Wylie Economic Development Corporation to fill the unexpired term of July 2006 to June 30, 2009. (C. Ehrlich, City Secretary) Staff Comments As per section 4.01 Board of Directors of the First Amended Bylaws of the Wylie Economic Development Corporation, the business and affairs of the Corporation and all corporate powers shall be exercised by or under the authority of the Board of Directors, appointed by the governing body of the City of Wylie. Section 4.02 Number and Qualifications requires that each Director shall meet at least one (1) of the following: (a) serve, or have served, as Chief Executive Officer or a company; or (b) serve, or have served, in a position of executive management of a company; or (c) serve, or have served, in a professional capacity. In addition to the above qualifications: (1) each Director must have lived in the City limits or operated a business in the City limits for a minimum of one (1) year; and (2) each Director must live in the City limits during the tenure in office. Mayor Mondy asked WEDC Executive Director Satterwhite the need to appoint someone at this time rather than waiting until the boards and commission interview process in June of 2007. Mr. Satterwhite explained that there were a few critical issues coming before WEDC that required the attendance of a full board. Mayor Mondy asked how many served on the board. Mr. Satterwhite replied there were five. Mayor Mondy asked what time of the day the meetings were. Mr. Satterwhite replied the meetings were at 6:00 a.m. Councilman Young commented that Gary Bartow was an outstanding board member and will be missed by the board. He thanked Mr. Bartow for his years of service. Mayor Mondy asked City Secretary Ehrlich if the applicants had been asked if they are willing to serve and the time of the meetings. City Secretary Ehrlich reported that all applicants had agreed to serve if appointed however the time of the meetings was not discussed. Executive Director Satterwhite reported that the meetings were set by the seated board and that the board could change the meeting times if necessary for the majority of the members. Minutes—March 27, 2007 Wylie City Council Page 5 Council Action " - A motion was made by Mayor Pro Tern Porter, seconded by Councilman Newsom to accept the resignation of Gary Bartow and appoint Chris Seely to the Wylie Economic Development Corporation to fill the unexpired term of July 2006 to June 30, 2009. A vote was taken and 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 ordinance captions to Ordinances No. 2007-09 and 2007-10 into the official record. Mayor Mondy recessed the meeting at 7:25 p.m. Mayor Mondy convened the Work Session at 7:40 p.m. WORK SESSION • Presentation update and discussion related to construction of the new Library, Recreation Center and City Hall. (ARCHITEXAS, Architect/Holzman Moss Architecture/Thomas. S. Byrne, Ltd. Construction Manager) Representatives from ARCHITEXAS, Holzman Moss Architectural, and Thomas. S. Byrne, Ltd. Construction Manager presented an update regarding the purposed Library, City Hall, and Recreation Center. Renderings of the buildings were presented showing the exterior design both from an aerial view and perspective view; interior design and adjacencies were also presented. Rick Rogers with Thomas S. Byrne, Ltd. Construction presented some suggested budgetary scenarios that would lower the overall cost of the three facilities along with suggestions in the sequencing of the construction of the buildings for additional cost savings. Another work session will be held in the near future to receive information regarding future scenarios for city funding of the buildings and additional operating costs, post construction; these will include corresponding tax rates. ADJOURNMENT With no further business before Council, Councilman Byboth made a motion to adjourn at 8:50 p.m., with Mayor Pro Tern Porter seconding the motion. Cons nsu of Council was to adjourn. _- ohn Mondy, ayor — ATTEST: _ - Carol hrlich, Ci Secretary ,� ly)°...... a' `````� NI'(r5u E-k1 roh`�27, 2007 Wylie�i y Council Page 6 March 27, 2007 HOLZ ARCHITECTURE City of Wylie Wylie Civic Complex Wylie, Texas Meeting Agenda - Schematic Design Update I. Introduction • Topics to Review II. Design Review • Updated Floor Plans • Exteriors Renderings and Elevations III. Total Project Cost Review • SD Cost Estimate • Phase I and Phase II Costs • Potential Cost Reductions • Construction Sequencing Cost Reductions IV. Next Steps Required • Direction for Project Budget -taking the reductions to achieve target bond package -comments regarding entry canopy • Direction for Project Construction Schedule -three separate projects? -one simultaneous project? • Direction for next Design Steps HOLMMAN MOSS ARCIOTECTIOU LIP 214 West 29th Street Tower,17th Floor,New Yodc,New York 10001 T:212465.0808 F:212465.2226 www.hotzrnannioss.com 327,2007 City of Wylie LIBRARY CITY HALL RECREATION CENTER Wylie,Texas(3/27/07) COST MODEL SUMMARY- SCHEMATIC DESIGN brary Library CH CH RC RC Phase 1 Dec 07 Phase 2 Dec 07 Phase 1 Dec 08 Phase 2 Dec 08 Phase 1 Dec 08 Phase 2 Dec 08 LIBRARY,CITY HALL AND REC. CENTER 30,000 15,960 30,000 13,500 34,500 10,000 1.CONSTRUCTION COSTS Phase 1 $ 6,543,400 $ 7,172,049 $ 7,141,825 Phase 2 $ 2,783,032 $ 2,911,812 $ 2,856,745 2.OTHER PROJECT COSTS $ 2,103,719 $ 535,790 $ 2,034,645 $ 446,624 $ 2,560,270 $ 375,484 3. PROJECT CONTINGENCY $ 259,414 $ 83,491 $ 276,201 $ 87,354 $ 214,255 $ 85,702 TOTAL ESTIMATED PROJECT COST - t •1 •' , ' AMOUNT(UNDER)/OVER BOND AMOUNT $ 482,014 N/A $ 918,270 N/A $ (283,929) N/A Move Running Track inside Building OPTIONS FOR REDUCING COST Reduce SF by 1,500 SF Remove Council Chamber from Program Footprint A. COST SAVINGS F,k ti 0 (S1 `1 w1 ; . ., '- xsl :++17,� � z- C , 1 a.,, F t x k B.REVISED BUILDING COST WITH SAVINGS ' .. A. c1:.: yc .;� , -: x.„ i , ,, AMOUNT UNDER/OVER BOND AMOUNT $ 47,014 $ 282,218 $ (546,511) TOTAL PROJECT BOND $ 8,424,519 $ 8,564,624 $ 10,200,278 SAVINGS FOR COMBINING CONSTRUCTION PHASES WITH DEC 07 START SAVINGS FOR COMBINING CONSTRUCTION PHASES WITH DEC 08 START A.COMBINE ALL PHASE 1 PORTIONS(LIBRARY/CITY HALL/REC) $ (2,175,024) Escalation Lib 1 $ 390,232 $ (1,784,792) B.COMBINE ALL PHASE 2 PORTIONS(LIBRARY/CITY HALL/REC) $ (888,390) Escalation Lib 2 $ 166,982 $ (721,408) IF NO UTILITIES ARE AVAILABLE ON THE NEW ROAD,ADD OFF-SITE UTILITIES- $ 400'000 ALLOWANCE COSTS FOR BREEZEWAY CANOPIES(ADD) A.ADD FOR EAST &WEST BREEZEWAY(Skylights) ' $ 1,359,884 A.ADD FOR EAST &WEST BREEZEWAY(Canopies) ' $ 223,364 Holzman Moss kchileclure ArchiTexas 1 of 1 ,:ltd. 1 - martin_iirrirrorir, 7 i :_,,,,,,,,„_,, , _., • _ .:. : _ _ ___ ._ _, L , .1,1-:.___._31411_ ,_- _.___.__ 1 _I 03.27.07 PERSPECTIVE CITY OF WI/LIE HOLZMAN MOSS WYLIE, TEXAS I I I QQ QUBRARYY9lUSE q O IJBRAR MASS 1 I t0 tt 4 tl a tS t6 t7CRY HAIYPHASE 1 t9 CRY HA PPHASE q� / 37 3S CENTE'PHASE IOREC.CC©R P©1 IXTEM OF ONE STORY I I I I I I I =--_ - "FF ■ — — —_ t,:Ril�t —_—_ 1 Apt utv III/N 7 II 'I 1_ m i `ik Al ,. ~> A / •i SECTION d-A I I I I I I 1 1 I 1 1 1 1 ¶ ¶ q ¶ ¶ T --' --, `i' T ¶ ? ¶ ? `i' `i' ¶ ? ? __.-4_W._. i i i i i i �� •• R ���� -ill: lii;'uuII pll 1 Ipu• iil II: _,..... ■p�� n--���!li���ii��j �11 II� 6� ��I� n� `n ull ��� 11�� �� _ �.■���� __ . , I .. ppl.l. !,�.. 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