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05-27-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL AND JOINT WORKSESSION WITH PLANNING & ZONING COMMISSION Wylie Municipal Complex May 27, 1997 7:00 p.m. CALL TO ORDER INVOCATION - Father Anthony Pondant PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Consider Approval of Minutes for May 6 and May 13, 1997 2. Consider Approval of a Final Plat for the Stoneridge Farms Phase I Subdivision, submitted by Goff Homes Located at the Junction of Stone Road and FM 544 South of Quail Hollow Subdivision and More Specifically Described as being a 77.036 Acre Tract of Land Situated in the Allen Atterberry Survey, Abstract No. 23 3. Consider Approval of Final Payment to Anchor Companies for the Rita and Truett Smith Library Renovation Project JOINT WORKSESSION WITH PLANNING &ZONING COMMISSION 4. Discuss the Proposed KCS Railroad Development 5. Discuss the Development Standards Within the Extraterritorial Jurisdiction (ETJ) 6. Discuss the Certificates of Convenience and Necessity (CCN) Within the City Limits EXECUTIVE SESSION Hold Executive Session Under Sections 551.071 Consultation with Attorney; 551.072 Deliberations about Real Property; and 551.075 Conference With Employees To Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District RECONVENE INTO OPEN MEETING Take Any Necessary Action as a Result of the Executive Session STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT Posted on this the 23rd day of May, 1997 at 5:00 p.m. WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 2 May 27, 1997 Issue Consider a request for approval of a Final Plat (Approved for Construction) for the Stoneridge Farms Phase I Subdivision, submitted by Goff Homes. This property is located at the junction of Stone Road and FM 544 just south of Quail Hollow Subdivision and more specifically described as being a 77.036 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23. Background Owner/Developer Goff Homes, Inc., Dallas, Texas, is proposing a housing development consisting of 66 lots (total) to be constructed on 77.036 acres of land. The Preliminary Plat of Stoneridge Farms consists of two phases. The Final Plat under consideration for Phase I consists of 31 lots on 39.3 acres. On April 7, 1997, the Planning and Zoning Commission recommended approval of the Stoneridge Farms Preliminary Plat. The City Council approved the same Preliminary Plat at their meeting on April 8, 1997. The Planning and Zoning Commission recommended for approval on May 19, 1997, and if City Council approves, the developer will then be allowed to begin construction of the public facilities to be dedicated to the City. Board Recommendatim The Planning and Zoning Commission recommended for approval of the Final Plat for the Stoneridge Farms Subdivision Phase I at the May 19, 1997 meeting. Financial Considerations Before a Final Plat can be placed on the City Council agenda for "Approved for Construction" the Final Plat Fee, Impact Fees and the Developmental Inspection Fee must be paid. The Final Plat Fee was $423.00. Impact Fees were $21,700.00 for water and $43,772.00 for sewer for a total of $65,472.00. The Developmental Inspection Fee (1 % of the estimated cost of improvements intended for dedication to the City) was $4,500.00. Goff Homes, Inc. has submitted a check in the amount of $70,395 to cover the total cost of these fees. Consent Agenda Item No 2 Page 1 Financial Considerations-continued Before final "Acceptance" of the public utilities and improvements of the Stoneridge Plat, the Perimeter Street Fees and Park Land Dedication Fees must be paid, and a one year Maintenance Bond must be posted. Legal Considerations The City of Wylie's Subdivision Regulations establishes the Preliminary Plat approval process. It must be submitted and reviewed by Staff to ensure that sufficient information exists, and is then recommended for approval by the Engineer. The Preliminary Plat and Plat Application are then submitted at least 15 consecutive days before the meeting of the Planning and Zoning Commission for its study and recommendation. The Planning and Zoning Commission shall endeavor to act on the Preliminary Plat within 30 days from the date the plat was filed with each body for their approval. The Preliminary Plat shall then be submitted to the City Council for final action. After approval of the Preliminary Plat by the City Council, the subdivider may then prepare a Final Plat of all or a portion of the land included in the Preliminary Plat. The Final Plat will then be submitted to the Planning and Zoning Commission for consideration of final recommendations. Upon final action by the Planning and Zoning Commission on any Final Plat, the same shall be referred to the City Council for Final Plat approval. Upon approval action of the City Council, the Mayor is authorized to sign the signature block "Approved for Construction." At this time, the developer shall pay his required Developmental Inspection Fees and begin construction of the public facilities to be dedicated to the City. These construction areas include public streets, alleys, water lines, sewer lines, storm drainage lines, channels and all associated construction to be dedicated to the City. The City Council's vote that the Final Plat as presented is approved for construction indicates that at that point in time, no known conditions exist which will require changes from the approved Final Plat. Inspections will be made throughout the construction of the infrastructure facilities which are intended for dedication to the City. After completion of the "dedicated improvements," the developer shall apply to the City Council for acceptance of the Final Plat, which includes dedications and easements. City Staff shall indicate to the City Council that all public improvements have been completed in accordance with the requirements of the City of Wylie. Only then is the Mayor authorized to sign the signature block "Accepted." The Final Plat shall then be filed with the appropriate County, and issuance of building permits may begin. Building Permits may only be issued on a completed development or within a completed, approved phase. Consent Agenda Item No 2 Page 2 Staff_Recommendations City Staff and Consulting Engineer, Greg MacLean, have reviewed this Plat and it meets all City of Wylie Subdivision Regulation requirements. Staff recommends approval for construction for the Stoneridge Farms, Phase I Subdivision Final Plat. Attachments Plat Application Screening Plan Final Plat copy Yll/tALL(tP'' jtk. • Prepared by LAI Revi d by Finan e City Manager Approval Consent Agenda Item No 2 Page 3 Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 05/08/97 Name of Proposed Development Stoneridge Farms Name of Property Owner/Developer Wylie Stoneridge Farms, L.P. Address -2653 Tarna Drive Dallas, Tx, 75229 Phone 972-620-0242 Owner of Record Wylie Stoneridge Farms, L.P. Address 2653 Tarna Drtvp_ Dallas, Tx 75229 Phone 972-620-n242 Name of Land Planner Douphrate & Associates, Dub Douphrate Surveyor/Engineer • Address PO Box 1336 Rockwall, Tx 75087 Phone 972-771-9004 Total Acreage 39.3 Current Zoning SF-1 Number of Lots/Units 31 • • • Signed A The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100'with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. • Page 2 of 3 Page 2 of 3 Provided or Not Shown on Plat Aopjjcable ✓ 1. Title or name of development, written and graphic scale, north point, date of plat and key map. • ✓ 2. Location of the development by City, County and State. ✓ 3. Location of development tied to a USGS monument, Texas Highway monument or other approved benchmark. 4. Accurate boundary survey and property description with tract boundary lines indicated by heavy lines. 5. If no engineering is provided, show contours of 5 foot intervals. 6. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. 7. Approved name and right-of-way width of each street, both within and adjacent to the development. ✓ 8. Locations, dimensions and purposes of any easements or other rights-of-way. 9. Identification of each lot or site and block by letter and number and building lines. ✓ 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved • Concept Plans, reference recorded subdivision plats or adjoining platted land by volume and page. • 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of the inhabitants of the development. 12. Certificate of dedic ation of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). • Page 3 of 3' . J 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). 14. Statement of developer responsibility for storm drainage improvements (see wording). ✓ 15. Instrument of dedication or adoption signed by the owner or owners (see wording). ✓ • 16. Space for signatures attesting approval of the plat (see wording). 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the preparation of the plat (see wording). . 18. Compliance with all special requirements developed in preliminary plat review. • �/. 19. Statements indicating building permits will be issued until all public improvements are accepted by the City (see wording). 20. Submit along with plat a calculation sheet indicating the area of each lot. • \/ 21. Attach copyof any deed r. s ri e t coons for proposed subdivision. - - Taken by: • File No.: Date: Fee: Receipt No.: -...:.-.:•.- \... .. . . .:'. . . . PROPOSED UVE SCREENING WALL 1 W/ RED TIP PHOTINIA'S F.M. HIGHWAY N..„..o. 544 7„,„,,,, , ... 441.444Z.A. '.. 1 MaX'Al ! 4 1 CRZWMAT Z•Var.. L ..___I 1 4 1 . 1:: 4 , ,. • • . ' BUJCZ'3 ' c IMO=' C' 1 PHAST I a a ... rPLO 4 .... , . : P e \ \ h i \ I \ I LIVE SCREENING WALL EXHIBIT DOUPHRATE & ASSOCIATES 11139093018-80171171/18-CCIIBMCBLX Na1412110217 P.O. BOX 1398 ROCKTALL. TXXAS 711087 PEIONX: (072)771-0004 PAX: (972)171-0008 • THOROUGHFARE SCREENING PLAN FOR STONERIDGE FARMS - PHASE I IN WYLIE, TEXAS May 15, 1997 Project: Stoneridge Farms-Phase I subdivision, an SF-1 development to provide 31 - one acre minimum lots located on FM 544 (Stone Road) Owner: Wylie Stoneridge Farms, L.P. 2653 Tarna Drive Dallas, Texas 75229 Contact: Neal Heckel 972-620-0242 (Ext 204) or 972-977-4453 (Mobil) Overview of Section 5.03- Thoroughfare Screening of Subdivision Ordinances The existing ordinance requires that where subdivisions or additions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his sole expense. A screening plan, including elevations and material, shall be submitted with the preliminary plat. All forms of screening shall conform to the requirements of the ordinances of the City governing sight distances for traffic safety and other City ordinances Overview of Ordinance No. 93-38, Section II,Paragraph A. Screening Requirements When screening is required the screening shall be not less than six feet in height and shall be. . . live screening(if solid visual screen three feet wide and six feet high will be established within two years of planting); and all screening devices and materials shall be aesthetically and architecturally compatible with the material and design of the site being developed. Proposed Screening Plan Based on the criteria established by the City as reviewed above, Wylie Stoneridge Farms, L.P. proposes to utilize Red Tip Photinia plants as screening material for the northern perimeter of Stoneridge Farms-Phase I. The Red Tip Photinia is on the Wylie recommended plant list, as provided by staff. The effected lots in the proposed plat for Stoneridge Farms -Phase I subdivision are Block A, Lot 37, Block B, Lots 1, 2, 3, 4, 5 and 6. Screening plants shall placed within the property line of the effected lots. Maintenance will be responsibility of the individual homeowner of each particular lot. Studies have shown that this type of plant is very commonly used for this purpose in many cities. They have been observed in Wylie as well. Photinias are a very strong and stable plant. They are an evergreen plant so they will maintain their foliage year round thus ensuring constant screening. The plant will grow approximately 2 feet per year with heights up to 10 to 12 feet. Photinias live well in a variety of types of weather. They are a very attractive plant to the eye especially during blooming season when leaves are red and green. White flower clusters in the spring are very attractive. We propose to plant Photinias on a recommended 6 to 8 foot spacing pattern. Newly planted Photinias will be a minimum of 2 feet in height. This will require 4 feet of growth within 2 years to meet the minimum required 6 feet of height. This is within the expected growth capabilities of the Photinia. Growth should also provide for the minimum 3 feet in width. The Photinias, after the two year period should be up to 6 to 8 feet in height with a 6 to 8 feet wide spread , thus meeting the City screening requirements. Actual planting of the screening plants shall be coordinated with the City and home construction. In any case, screening plants shall be planted no later than nine (9) months from the date of acceptance of the land improvements by the Wylie City Council. All planting on the effected lots shall take place at one time to provide consistency in the height and width of the live screening plants along FM 544 (Stone Road). DRAFT Declaration of Restrictions of Stoneridge Farms State of Texas County of Collin • THIS DECLARATION is made as of the day of , 1997 by Wylie Stoneridge Farms, L.P.,a Texas limited partnership. WITNES SETH: WHEREAS,Grantor is the owner of certain real estate property located in Wylie,Texas, Collin County,Texas and being more particularly described as follows: Block A:Lot Nos. 1,2,3,4,5,6,7,8,9, 10, 11,37 Block B:Lot Nos. 1,2,3,4,5,6 Block C:Lot Nos. 1,2,3,4,5,6,7, 8,9, 10 Block D:Lot Nos. 10, 11, 12 of the Stoneridge Farms-Phase I subdivision as recorded in Cabinet XX Slide XX,Plat Records of Collin County, Texas(hereinafter the"Property"): WHEREAS,Grantor desires to create a quality development with restrictions,covenants, impositions,easements,charges and liens as hereinafter set forth for the preservation of the Property: NOW,THEREFORE,IT IS HEREBY DECLARED that all of the Property described above shall be held,sold and conveyed subject to all easements and other matters of record,and subject to the easements,restrictions,covenants and conditions created herein for the purpose of protecting the value and desirability of the Property,which easements,restrictions,covenants and conditions shall run with the Property,and shall be binding on all parties having any right,title or interest in or to the Property or any part thereof,and their heirs,successors and assigns,and which easements,restrictions,covenants and conditions shall inure to the benefit of each Owner of the Property or a portion thereof. ARTICLE I DEFINITIONS The following words,when used in this Declaration,shall have the following meanings: 1.1. "Property"shall mean and refer to that certain real property herein described,and such additions thereto as may hereinafter be brought within the jurisdiction of the Declaration. 1.2. "Grantor"shall mean and refer to Wylie Stoneridge Farms L.P.,a Texas limited partnership, and its successors and assigns. 1.3. "Owner"shall mean and refer to the record owner,whether one or more persons or entities, of fee simple title to any Lot or portion of a Lot,their heirs,successors,legal representative or assigns. 1.4. "Lot"shall mean and refer to those lots shown upon the plat and subdivision map recorded in Cabinet XX,Slide XX,of the Plat Records of Wylie,Texas,Collin County,Texas on which there is or will be built a single family dwelling. 1.5."Close out date"shall mean and refer to that date in which Wylie Stoneridge Farms,L.P. and/or their customers and contractors complete all home construction and close on the sale of all Lots in the Stoneridge Farms subdivision. REV(5/15/97) ARTICLE II USE RESTRICTIONS 2.1. Type of Building Permitted:All lots shall be used for residential purposes only,and no building shall be erected,altered,placed or permitted to remain on the lot other than one detached single family dwelling not to exceed two(2)stories in height and a private garage. Only one residential dwelling per lot shall be permitted. 2.2. Minimum Floor Area Criteria:Any residence constructed on said Lots must have a floor area of not less than 1800 square feet of heated/air conditioned space,exclusive of open or screened porches,terraces,patios,driveways,and garages. 2.3.Design Criteria.Structures:The following minimum criteria are established requirements for all structures: (a)All residential construction shall be 100%brick.Two(2)story residential construction design criteria is subject to approval by the Architectural Control Committee. (b)All homes must be constructed of new materials. 1 (c)Garages shall be two(2)car. Openings of garages must face the street. Side entry garages will be allowed if approved by the Architectural Control Committee.No carports of any kind shall a allowed. (d)The front do r of the home must face the street. (e)Roof design I ust have a minimum pitch of 8/12. (f)Storage shed ,barns or other structures shall not exceed 300 square feet in floor area and 15 feet in heght. Structure must be constructed with a minimum of three(3)exterior walls.Construction of all structures shall be 100%brick. 2.4.Completion of Construction: All homes,buildings or structures erected upon a Lot must begin construction within sixty(60)days of the contract date and have the exterior,including brick walls and roof,completely finished within one hundred twenty days(120)days after construction begins.Construction of all structures is to be completed within nine(9)months from the date of contract.Landscaping is to be completed as provided in Paragraph 4.1 hereof. 2.5. Setbacks:No residential'1building or improvement of any kind shall be located on any lot nearer than 50 feet nor farther than 125 feet from the front lot line as shown on the recorded plat, nor nearer than 25 feet to the side of the Lot line. Storage sheds,barns,stables and corrals shall be in the rear of the Lot no closer than 100 feet from the rear of the house.Alternative setback limits for Lots located in cul de sacs shall be approved by the Architectral Control Committee, prior to construction.The main residence on any lot shall maintain equalside setbacks from the side property lines,unless otherwise approved by the Architectural Control Committee.Location of fences,walls or hedges shall be in accordance with paragraph 2.17. 2.6.Easements:Easements for the installation and maintenance of utilities,drainage facilities and public roadways are reserved as shown on the recorded plat.No utility company,water district, highway department or political subdivision or other authorized entity using the easements herein referred to shall be liable for any damage done by them or their agents,employees,assigns or servants,to shrubbery,trees or flowers,or to other property of an owner situated within any such easement. 2.7.Noxious or Offensive Activities Prohibited:No noxious,environmentally hazardous or offensive trade or activity shall be carried on in the subdivision,nor shall anything be done thereon which may be or become a nuisance to the neighborhood,in the sole discretion of the Grantor.No lot shall be used as a dumping ground for rubbish,shrubbery or trees.No inoperative vehicles or household appliances shall be allowed to remain on the property,and no automobiles on blocks will be allowed.Any automobile without current license plate and inspection sticker for more than ten(10)days shall be removed at owners expense. Grantor shall have the right to remove the above mentioned articles and to charge the Lot owner for the cost thereof;and levy the penalty provided in Paragraph 2.23 hereof. REV(5/15/97) 2.8.Prohibitive Residential Uses:No structure of a temporary character,mobile home, manufactured home,garage,detached building,barn,tent,travel trailer and/or camper,or other temporary structure shall be placed on any lot at any time as a residence,either temporarily or permanently. 2.9. Signs:No sign or billboard of any type shall be placed or maintained on any lot,provided, however,that Grantor shall have the right,during the construction and sales period,to construct and maintain such facilities as may be reasonably necessary or convenient for such construction and sale,including,but not limited to,signs,flags, offices,storage areas and model units. 2.10.Oil Development and Mining Prohibited: No oil well drilling,oil development operations, oil refining,quarrying or mining operations of any kind shall be permitted on any Lot,nor shall oil wells,tanks,tunnels,mineral excavations or shafts be permitted on any Lot.No derrick or other structure designed for use in boring for oil,natural gas or other minerals shall be erected, maintained or permitted on any Lot. 2.11.Rubbish,Trash and Garbage:No lot shall be used or maintained as a dumping ground for junk,abandoned automobiles,rubbish or trash,and no garbage or other waste shall be kept except in sanitary containers.All containers shall be kept in a clean and sanitary condition and out of public view except for the designated waste collection days. 2.12. Sewage Disposal: Sewage disposal shall be effected by means of City of Wylie sewer system. 2.13.Water Supply:No indiyidual water-supply system shall be permitted on any Lot unless the system is located,constructed and equipped in accordance with the requirements,standards and recommendations of Collin County,Texas.Approval of the selected system,prior to installation, shall be obtained from the Architectural Control Committee.Approval of the system as installed shall be obtained from the appropriate governing authority. 2.14 Use of Natural Gas:No use of natural gas,propane,butane or other gaseous materials for -- any use shall be permitted on any Lot: 2.15.Animals:Dogs,cats and other domestic household pets may be kept and maintained by any Property Owner as long as they are properly leashed or corralled.Design and location of outdoor animal corrals/kennels shall be subject to approval by the Architectural Control Committee.No sheep goats,swine,poultry or any other livestock(except horses,see Section 2.16)shall be allowed.No commercially raised animals shall be allowed.No pit bulls,fighting game or fighting roosters shall be allowed. 2.1 .Horses and Stables: Subject to compliance with applicable local ordinances and regulations, horses may be kept on Lots.A barn and stable or corral must be erected,provided such barn and stable or corral must be in compliance with the requirements stated in this Declaration.The barn, stable or corral shall be located in the rear of the Lot no closer than 125 feet from the rear of the house.No more than two(2)horses per Lot shall ever be allowed. 2.17.Fences,Walls,Hedges and Utility Meters:No fence,wall,or restrictive hedge shall be placed or permitted to remain on any Lot nearer to the street or streets adjoining such Lot than the rear of the house,except for decorated subdivision entry fences.The standard fence for any Lot shall be a white steel pipe fence with three(3)middle white cable strands with a maximum height of five(5)feet.Alternative types of fences must be approved,prior to installation,by the Architectural Control Committee.No chain link fence,sheet metal fence,concrete fence,electric fence,barbed wire fence,snow fence or similar type fence shall be erected.Any wall design and location or restrictive hedge location shall be approved,prior to installation,by the Architectural Control Committee. 2.18.Trucks,Busses and Trailers:No truck,bus or trailer shall be kept parked in the street in front of any Lot,except for construction and repair equipment while a residence or residences are being built or repaired in the immediate vicinity,and no truck,bus,boat or trailer shall be parked on the driveway or any portion of the Lot in such manner as to be visible from the street. REV(5/15/97) 2.19.Prohibited Activities:No professional business or commercial activity to which the general public is invited shall be conducted on any Lot,provided,however,that Grantor shall have the right during the construction and sales period to conduct normal business in the designated model unit. 2.20. Satellite Dishes:No satellite dishes of any kind shall be located on any Lot in such a manner as to be visible from the street.If satellite is visible from the street,it must be effectively screened or fenced. 2.21.Mailboxes: Any residential mailbox design and proposed location shall be subject to approval by the Architectural Control Committee. 2.22. Outdoor Guard/Proteciive Lighting:Any outdoor pole mounted guard/protective lighting shall be a maximum of 20 feet in height.Placement and illumination of any outside lighting shall not intrude on neighboring properties nor create annoying glare or concentrated lighting effecting surrounding properties.Disputes on outdoor lighting matters shall be resolved by the Architectural Control Committee. 2.23.Penalty for Breach:A penalty fine,payable of Twenty Five and no/100 dollars($25.00)per day,will be levied against any Lot Owner who does not adhere to these restrictions after being notified by Certified Mail,return receipt requested,at the address shown for the Owner on the Tax Rolls of Collin County,Texas,that said owner is in default.Non-payment of any fines levied may result in a lien against the Lot of the party who is in default. ARTICLE III ARCHITECTURAL CONTROL 3.1.Appointment of Commithee:Grantor shall appoint an Architectural Control Committee ("Committee")composed ofinot less than three(3)individuals,each familiar with the residential and community development,design matters.They will be knowledgeable of and have concern for a high level of taste,design,quality,harmony,and conformity throughout the property as consistent with this Declaration. 1 3.2. Successors:In the eventl,of death,resignation or removal by Grantor of any member of the Committee,the remaining member(s)shall appoint a successor member.In default of such appointment,Grantor shall have full authority to appoint a successor.No member of the Committee shall be compensated for,or be liable for claims,causes of action or damages arising out of, services performed pursuant to this Declaration. 3.3.Approval of Plans and Specifications: No improvement,building,fence,wall or other structure shall be commenced,erected or maintained upon the Property,nor shall an exterior addition to or change or alteration therein be made,nor shall any landscaping of any Lot(s)be undertaken until the plans and specifications showing use,kind,shape,height,materials and location of the same have been submitted to,and approved in writing,by a majority of the members of the Committee. 1 3.4.Review of Documents: fhe following documents and criteria are established for review by the Architectural Control Committee: (a)All plans for structures shall not be less tlian 1/8"- 1'scale. (b)Drawings and documents required for review shall consist of the following: (1) Floor pl s,layouts,etc. (2) Elevatio s of structures (3) Summ of specifications,list of proposed materials and samples of exterior materials which cannot be adequately described. (c)Approval upon r k'iew of the above items will constitute a preliminary approval. REV(5/15/97) (d)The final construction documents constitute the documents for final review and approval.If the Committee fails to approve or disapprove such plans and specifications within thirty(30)days after the date of submission, written approval of the matters submitted shall not be required and compliance with this article shall be deemed completed. 3.5.Termination:Continuation:The Committee appointed by the Grantor shall cease to exist on the close out date.At any time after the termination of the Committee,the Owners of a majority of Lots shall have the authority to record an instrument which will provide for a committee, elected by the Owners,to continue the functions of the Committee. Such instrument shall establish a procedure whereby the Owner's committee members shall be chosen and a notice procedure whereby all Owners will receive notice of such procedures.If there is no Committee or Owner's committee,no approval by the Committee or Owner's committee shall be required under this Declaration.Variations from standards set forth in this Declaration shall be made in accordance with general development standards as reflected in plans,construction materials, landscaping and other-matters approved by the Committee or Owner's committee during period of control. 3.6.Liability of Committee The members of the Committee shall have no liability for decisions made by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious.Any error in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the Owner of the Lot which improvements relate.The Committee shall have no obligation to check errors in or omissions from any such plans,or check for such plans' compliance with the general provisions of the Declaration,city codes,state statutes or common law,whether the same relate to Lot lines,building lines,easements or any other issue. ARTICLE IV EXTERIOR MAINTENANCE 4.1.Maintenance of Premises.In order to maintain the standards of the Property,no refuse or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon.The Property,building improvements,landscaping and appurtenances shall be kept in good,safe,clean and neat condition.In the event an Owner of any Lot shall fail to maintain the premises and the improvements situated thereon in a neat and orderly manner,the Grantor shall have the right, through its agents and employees,to enter upon said lot and to repair,maintain and restore the Lot and exterior of the buildings and any other improvements erected thereon,all at the expense of the Owner.Each Lot Owner shall be required to keep the grass or weeds on such Lot mowed so that it shall not be higher than six(6)inches.Property must be landscaped within 90 days of closing on the purchase of the property and subsequently properly maintained.Landscaping shall be placed the full width of the lot from the front lot line to a minimum of thirty(30)feet behind the rear of the house,which includes the front yard,side yard and minimum backyard portion.Lot landscaping shall include,at a minimum,the successful sodding,seeding or hydromulching of the required minimum yard area. Other landscaping shall be at the Lot Owners discretion. On Lots platted so that rear yards are adjacent to a dedicated roadway(FM 544-Stone Road)the Owner shall provide and maintain live screening utilizing the Red Tip Photinia plant.Live screening shall be in accordance with the approved Thoroughfare Screening Plan(see attaghed Exhibit A)and meet City of Wylie standards. ARTICLE V EASEMENTS 5.1.Reservation of Easements. All easements for the installation of utilities,drainage facilities or public roadways are reserved as shown on the plat recorded in Cabinet XX, Slide XX of the Plat Records of Collin County,Texas.No shrubbery,fence or other obstruction shall be placed in any easement or alleyway.Right of use for ingress and egress shall be had at all times over any dedicated easement,and for installation,operation,maintenance,repair or removal of any utility or public roadway,together with the right to remove any obstruction that may be placed in such easement which would constitute interference with the use,maintenance,operation or installation of such utility or public roadway. REV(5/15/97) ARTICLE VI GENERAL PROVISIONS 6.1.Enforcement.Enforcement of restrictions,conditions and reservations now or thereafter imposed by the provisions hereof shall be any procedure at law or equity against any person or persons violating or attempting to violate any covenants or restrictions either to restrain violation or to require certain performance or to recover damages or to enforce any lien created by these covenants.Any costs of collection,including reasonable attorney's fees incurred in the enforcement of these covenants,restrictions or lien shall be paid by the violating Owner.Failure to enforce any covenant or restriction herein contained in no event be deemed as a waiver of the right to do hereafter. 6.2. Non-liability of Grantor or Association.. Neither the Grantor nor the Association shall in any way or manner be held liable or responsible for any violation of these restrictions by any person other than itself.In the event that either Grantor shall deem it necessary to enforce any covenant these restrictions against any Owner,said Owner shall be required to pay reasonable attomey's fees and court costs if the Grantor shall prevail is said litigation. 6.3. Declaration of Restrictions Run With the Land.The restrictions herein contained shall constitute an easement and imposition in and upon with the Property and every part thereof,and they shall run with the land and shall inure to the benefit of and be binding upon enforceable by Grantor or any Owner for a period of five(5)years from the date this Declaration is recorded. 6.4. Owner Compliance.The covenants,restrictions and servitudes imposed by this Declaration shall apply not only to Owners,but also to any persons or entities occupying the Property or any Lot by permission or invitation of the Owner or his tenants,expressed or implied.Failure of the Owner to notify said persons or occupants of the existence of said restrictions shall in no way limit or divest the right of Grantor or other Owners of the Property of enforcement of these restrictions and,in addition,the violating Owner shall be responsible for all violations of these restrictions by his tenants,licensees or invitees of his tenants at any time. 6.5. Severability Clause.Invalidation of any one of these restrictions,whether in whole or in part, by a court of competent jurisdiction,shall not affect any of the other restrictions,and all other provisions shall remain in full force and effect. 6.6.Duration and Amendment.The covenants,conditions and restrictions of this Declaration shall be in effect until all Lots in the Stoneridge Farms have been sold and closed upon(close out date), after which time said covenants,conditions and restrictions shall be automatically extended for successive periods of five(5)years.Prior to the close out date,Grantor reserves the right to amend,delete and/or add to the covenants and restrictions of this Declaration.After the close out date,the covenants,conditions and restrictions of this Declaration may be amended during the first five(5)year period by an instrument signed by not less than sixty(60)percent of the Lot Owners,and during subsequent five(5)year periods by instrument signed by not less than seventy five(75)percent of the Lot Owners.No such amendment shall be effective until recorded and approval of any governmental regulatory body which is required shall have been obtained. REV(5/15/97) SWORN TO AND ACKNOWLEDGED before me by Tommy Goff, Registered Agent for the General Partner of Wylie Stoneridge Farms,L.P.,a Texas limited partnership. on this the day of , 199 for and on behalf of said venture. • Wylie Stoneridge Farms,L.P., a Texas limited partnership Tommy Goff,President Opela Investments Inc. (General Partner) STATE OF COUNTY OF This instrument was acknowledged before me this day of , 199 By ,its of ,a Texas limited partnership for and on behalf of said Notary Public Printed Name Commission Expires • REV(5/15/97) EXHIBIT A THOROUGHFARE SCREENING PLAN FOR STONERIDGE FARMS - PHASE I IN WYLIE, TEXAS May 15, 1997 Project: Stoneridge Farms -Phase I subdivision, an SF-1 development to provide 31 - one acre minimum lots located on FM 544 (Stone Road) Owner: Wylie Stoneridge Farms, L.P. 2653 Tarna Drive Dallas, Texas 75229 Contact: Neal Heckel 972-620-0242 (Ext 204) or 972-977-4453 (Mobil) Overview of Section 5.03 - Thoroughfare Screening of Subdivision Ordinances The existing ordinance requires that where subdivisions or additions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his sole expense. A screening plan, including elevations and material, shall be submitted with the preliminary plat. All forms of screening shall conform to the requirements of the ordinances of the City governing sight distances for traffic safety and other City ordinances Overview of Ordinance No. 93-38, Section II, Paragraph A. Screening Requirements When screening is required the screening shall be not less than six feet in height and shall be . . . live screening (if solid visual screen three feet wide and six feet high will be established within two years of planting); and all screening devices and materials shall be aesthetically and architecturally compatible with the material and design of the site being developed. Proposed Screening Plan Based on the criteria established by the City as reviewed above, Wylie Stoneridge Farms, L.P. proposes to utilize Red Tip Photinia plants as screening material for the northern perimeter of Stoneridge Farms -Phase I. The Red Tip Photinia is on the Wylie recommended plant list, as provided by staff. The effected lots in the proposed plat for Stoneridge Farms -Phase I subdivision are Block A, Lot 37, Block B, Lots 1, 2, 3, 4, 5 and 6. Screening plants shall placed within the property line of the effected lots. Maintenance will be responsibility of the individual homeowner of each particular lot. Studies have shown that this type of plant is very commonly used for this purpose in many cities. They have been observed in Wylie as well. Photinias are a very strong and stable plant. They are an evergreen plant so they will maintain their foliage year round thus ensuring constant screening. The plant will grow approximately 2 feet per year with heights up to 10 to 12 feet. Photinias live well in a variety of types of weather. They are a very attractive plant to the eye especially during blooming season when leaves are red and green. White flower clusters in the spring are very attractive. We propose to plant Photinias on a recommended 6 to 8 foot spacing pattern. Newly planted Photinias will be a minimum of 2 feet in height. This will require 4 feet of growth within 2 years to meet the EXHIBIT A minimum required 6 feet of height. This is within the expected growth capabilities of the Photinia. Growth should also provide for the minimum 3 feet in width. The Photinias, after the two year period should be up to 6 to 8 feet in height with a 6 to 8 feet wide spread , thus meeting the City screening requirements. Actual planting of the screening plants shall be coordinated with the City and home construction. In any case, screening plants shall be planted no later than nine(9) months from the date of acceptance of the land improvements by the Wylie City Council. All planting on the effected lots shall take place at one time to provide consistency in the height and width of the live screening plants along FM 544 (Stone Road). 1 WYLI E CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 3 May 27, 1997 Issue Consider the approval of final payment of $18,047.70 to Anchor Companies for the Rita and Truett Smith Public Library renovation project. Background Competitive sealed bids were solicited and received for the expansion and renovation of the Rita and Truett Smith Public Library. Because current economic trends created a bidder's market in the construction industry, the bid specifications were written to afford the City maximum flexibility in awarding a contract that would maximize the amount of work completed within the project budget. The solicitation included three alternate bids for additional improvements which could be added at the base bid at the City's option and one deduct alternate allowing the bidder to reuse existing light fixtures if funding is inadequate for the new fixtures specified. The lowest bidder was Anchor Companies for an amount of $160,500. All alternate bids were included in this project cost. The expansion and renovation was accomplished in two phases, the first involved renovating the Community Center portion of the facility to become part of the newly expanded Library. Once Phase I was completed, Library operations were moved into the renovated area of the old Community Center while renovation work was being performed on the area that formerly housed the Library. Phase two was completed in record time and the Library moved earlier than scheduled. Once the original Library location was completely renovated, Library operations relocated and expanded into the entire building. The final inspection was completed on April 21, 1997, and approved by the architect. Financial Consideration The 4B sales tax budget included $285,000 for the renovation and expansion of the library facility with an additional $28,761 from grants. The construction project was bid at $160,500. There were $14, 432 spent on change orders and the final cost of the construction project was $173,232. The final payment to Anchor is $18,047. Please refer to the attached list of change orders. Consent Agenda Item No 3 Page 1 Financial Consideration-continued The remaining funds ($111,768) and grants ($28,761) were spent on replacing the roof ($11,200), building repairs ($1695), architect fees which include reimbursable expenses and a building survey ($22,441), furniture, supplies, and shelving ($60,073.85) , asbestos abatement ($4405), equipment, wiring and software ($10,625) , moving and storage (estimate of $8660) , signage and outside lettering (estimate of $5645), and books ($1091). Legal Consideration N/A Board/Commission.Recommendation N/A Staff Recommendation Staff recommends the approval for final payment to Anchor Companies in the amount of $18,047. The contractor has satisfactorily fulfilled the terms of the contract. Attachments List of Change Orders Final Payment Request MIL eft01449. Pr red by Rev' wed by Fin nce City Manager Approval Consent Agenda Item No 3 Page 2 CHANGE ORDERS FOR RITA AND TRUETT SMITH PUBLIC LIBRARY RENOVATION PROJECT DATE CHANGE ORDER;AMOUNT ITEM 11/13/96 1 ($800.00)Delete the Demolition work on the phase one of the building ($900.00)Change Alternate #4 to do caulking on exterior of building ($1,700.00)on an as needed basis only. 2 Please note: Change order#2 was omitted by the architect 12/30/96 3 $650.00 ADA requirements on door swing $70.00 Install a knox box per request of Wylie Fire Department $1,250.00 Refinish existing cabinets $1,970.00 01/10/97 4 $1,400.00 Tape, bed an prepare existing vinyl 01/29/97 5 $325.00 New ceiling grid $504.00 Mini blinds for window"a" and window"b" $1,475.00 Remove exterior letters and replace them with 16" blue lexan $2,304.00 letters 02/17/97 6 $635.00 Purchase pull station protectors for fire alarms $325 repair water resistive gypsum board at canopy ceiling $250 power wash the exterior perimeter $1,879 Install limestone ceramic tile $275 Install rainhood on book depository $3,085 install exterior wall fixtures $3,210 install ADA changes in the Men's public restroom $9,659 02/18/97 7 $123 Install light in the display case 05/20/97 8 $375 Children's Depot wiring repa $430 Move and patch fire alarm pull stations GRAND TOTAL $14,432 CITY OF WYLIE PAYMENT AUTHORIZATION REQUEST _572 3/9 -7 Date 1/1 From Due Date _ Return Ck. to Dept. Vendor No. Pay To (8n cf A-1rc Invoice Invoice Fund Dept. No. Object SAC Amount Number Date (000) (000) (00000) (0000) Li4`l -570I0 ( g, ac/7.s'O GRAND TOTAL Explanation: ems- 70 (Attach supporting documents.) Finance Dept. Department Head (PAR/10-93) APPLICATION AND CERTIFICATE FOR PAYMENT PAGE 1 OF 2 TO(OWNER): City of Wylie PROJECT: Wylie Library Remodel APPLICATION NO: 6 DISTRIBUTION TO: 200 HWY 78 North 800-802 Thomas St. 0 OWNER Wylie,TX 75098 Wylie,TX 75098 PERIOD TO: 5/22/97 0 ARCHITECT 0 CONTRACTOR FROM(CONTRACTOR): Anchor Companies (ARCHITECT) Philips Swager Assoc. ARCHITECTS 1804 Avenue G 12404 Park Central,Ste.240 PROJECT NO: Plano,TX 75074 Dallas,Texas 75251 CONTRACT FOR: General Construction CONTRACT DATE: 10/17/97 Application is made for Payment,as shown below,in connection with the CONTRACTOR'S APPLICATION FOR PAYMENT Contract. Continuation Sheet is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $ 160,500.00 Change Orders approved in ADDITIONS DEDUCTIONS 2.Net change by Change ORDERS $ 12,732.00 previous months by Owner 3.CONTRACT SUM TO DATE $ 173,232.00 TOTAL $13,504.00 -$1,700.00 4.TOTAL COMPLETED&STORED TO DATE $ 173,232.00 Approved this Month (Column G on Continuation Sheet) Number Date Approved 5.RETAINAGE: a. 10 %of Completed Work $0.00 8 5/22/97 $805.00 (Column D+E on Continuation Sheet) b. 10 %of Stored Material $0.00 (Column F on Continuation Sheet) TOTALS $805.00 Total Retainage(Line 5a-5b or Total Net change by Change Orders $12,732.00 in Column I on Continuation Sheet) $ 0.00 6.TOTAL EARNED LESS RETAINAGE $ 173,232.00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total) information and belief the Work covered by this Application for payment has been 7.LESS PREVIOUS CERTIFICATES FOR $ 155,184.30 completed in accordance with the Contract Documents,that all amounts have been PAYMENT(Line 6 from prior Certificate) paid by the Contractor for Work for which previous Certificates for Payment were 8.CURRENT PAYMENT DUE $ 18,047.70 issued and payments received from the Owner,and that current payments shown 9.BALANCE TO FINISH,PLUS RETAINAGE $ 0.00 herein is now due. (Line 3 less Line 6) CONTR R: C r.6 S �, y �/. ���� State Of:T d County Of: ,,0 1 1 1 h By: Date: g Z ti Subscribed and sworn to me this a 3 r,{ day of 19 9 9 r Notary Public �'` My Commission expires: (�_r7-oZ00 G✓1 a C) ARCHITECT'S CERTIFICATE FOR PAYMENT a AMOUNT CERTIFIED $ In accordance with the Contract Documents,based on on-site observations y' (Attach explanation if amount certified differs from the amount applied for.) and the data comprising the above application,the Architect certifies to the ARCH�jT jT::, ` �/ Owner that to the best of the Architect's knowledge,information and belief ... By: /'I�K�►.r /a�/ /Date: the Work has progressed as indicated,the quality of the Work is in accordance �'• _.N eYr This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only stik.with the Contract Documents,and the Contractor is entitled to payment of the �:°;✓ ••t;�` to the Contractor named herein. Issuance,payment and acceptance of payment are AMOUNT CERTIFIED. • ,,'' without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET PAGE 2 of 2 APPLICATION NUMBER: 6 APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION DATE: Contractor's signed Certification is attached. PERIOD TO: In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. A B C D E F G H I ITEM DESCRIPTION SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. OF WORK VALUE FROM PREVIOUS THIS PRESENTLY COMPLETED (G/C) TO FINISH APPLICATION PERIOD STORED(NOT &STORED (C-G) IN D OR E) TO DATE (D+E+F) 1 Mobilization $1,000.00 $1,000.00 $0.00 $0.00 $1,000.00 100% $0.00 $0.00 2 Bonds $3,800.00 $3,800.00 $0.00 $0.00 $3,800.00 100% $0.00 $0.00 3 General Conditions $18,260.00 $18,260.00 $0.00 $0.00 $18,260.00 100% $0.00 $0.00 4 Demolition $8,650.00 $8,650.00 $0.00 $0.00 $8,650.00 100% $0.00 $0.00 5 Depot trim $3,115.00 $3,115.00 $0.00 $0.00 $3,115.00 100% $0.00 $0.00 6 Millwork $8,000.00 $8,000.00 $0.00 $0.00 $8,000.00 100% $0.00 $0.00 7 Doors,frames,hdwr. $4,155.00 $4,155.00 $0.00 $0.00 $4,155.00 100% $0.00 $0.00 8 Storefronts $2,220.00 $2,220.00 $0.00 $0.00 $2,220.00 100% $0.00 $0.00 9 Drywall/Acoustical $24,440.00 $24,440.00 $0.00 $0.00 $24,440.00 100% $0.00 $0.00 10 Ceramic $450.00 $450.00 $0.00 $0.00 $450.00 100% $0.00 $0.00 11 Flooring $16,300.00 $16,300.00 $0.00 $0.00 $16,300.00 100% $0.00 $0.00 12 PaintNWC $19,015.00 $19,015.00 $0.00 $0.00 $19,015.00 100% $0.00 $0.00 13 Toilet Accessories $1,500.00 $1,500.00 $0.00 $0.00 $1,500.00 100% $0.00 $0.00 14 Signage $2,100.00 $2,100.00 $0.00 $0.00 $2,100.00 100% $0.00 $0.00 15 Acoustic wall panels $1,200.00 $1,200.00 $0.00 $0.00 $1,200.00 100% $0.00 $0.00 16 Visual display boards $380.00 $380.00 $0.00 $0.00 $380.00 100% $0.00 $0.00 17 Book drop $1,200.00 $1,200.00 $0.00 $0.00 $1,200.00 100% $0.00 $0.00 18 Plumbing $8,590.00 $8,590.00 $0.00 $0.00 $8,590.00 100% $0.00 $0.00 19 HVAC $8,500.00 $8,500.00 $0.00 $0.00 $8,500.00 100% $0.00 $0.00 20 Electrical $27,625.00 $27,625.00 $0.00 $0.00 $27,625.00 100% $0.00 $0.00 21 Change Order 1 ($1,700.00) ($1,700.00) $0.00 $0.00 ($1,700.00) 100% $0.00 $0.00 22 Change Order 3 $1,970.00 $1,970.00 $0.00 $0.00 $1,970.00 100% $0.00 $0.00 23 Change Order 4 $1,400.00 $1,400.00 $0.00 $0.00 $1,400.00 100% $0.00 $0.00 24 Change Order 5 $475.00 $475.00 $0.00 $0.00 $475.00 100% $0.00 $:. :0 25 Change Order 6 $9,659.00 $9,659.00 $0.00 $0.00 $9,659.00 100% $0.00 $0.00 26 Change Order 7 $123.00 $123.00 $0.00 $0.00 $123.00 100% $0.00 $0.00 27 Change Order 8 $805.00 $0.00 $805.00 $0.00 $805 100% $0.00 $0.00 $173,232.00 $172,427.00 $805.00 $0.00 $173,232.00 100% $0.00 $0.00 WYLI E CITY COUNCIL r1/11: CONSENT AGENDA ITEM NO 1 April 22, 1997 Consider Approval of the Minutes for April 22, 1997. Consent Agenda Item No 1 Page 1 Minutes of the Wylie City Council April 22, 1997 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, April 22, 1997 at 7:00 p.m. with the following Councilmembers present: Cleo Adams, Joel Scott, Reta Allen, John Mondy and J. C. Worley. Wanda Sparks was absent. Staff members present were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan Shuler, City Secretary, Mike Phillips, Director of Community Development, Brady Snellgrove, Finance Director, Bill Rushing, Police Chief, Greg MacLean and Jim Jenks from The Hogan Corporation. PROCLAMATION Mayor Swartz read a proclamation designating April 23, 1997 as "Student Government Day" to the Seniors at Wylie High School who had been elected to hold office as Student Mayor and Council. He presented each Senior with a copy of the proclamation. The students sat with the Council for the remainder of the meeting. CONSENT AGENDA 1) Consider approval of minutes for April 8, 1997 2) Consider approval of a resolution to authorize the negotiation and execution of an agreement to provide supplemental police patrol to the Lake Lavon Project in 1997 Resolution 97-6 Authorizing the City to Provide Supplemental Patrol on Lake Lavon and to Enter into a Cooperative Agreement with the U.S.Army Corps of Engineers, Defining the Terms of Such Patrol and Authorizing the City Manager to Negotiate and Execute Such Agreement Scott made the motion to approve the Consent Agenda. Allen seconded the motion. The motion was voted on and approved unanimously. Minutes of the Wylie City Council,April 22,1997, Page 1 ACTION ITEMS Award of Contract for the Construction of the New 12 Inch Water Main Along McMillen Road and the Replacement of an 8 Inch Water Main Along Briarwood Drive MacLean gave an overview of both projects. He stated that the base bid included all work necessary to complete the 12 inch water main improvements from Southfork Mobile Home Park along McMillen Road to the existing water main in McMillen Road. He also it also includes all work necessary to replace and install the 8 inch water main along Briarwood Drive. MacLean said that the project also included an additive alternate bid for a new meter vault and connection to Southfork Mobile Home Park at its northeast corner. He said this was not included in the base bid since it was not required to continue providing service to the park. MacLean said the Hogan Corporation recommends awarding the contract to XIT Paving and Construction, Inc. for the base bid amount of$254,119.48. He said the award of the additive alternate item is not recommended at this time. Adams made the motion to award the bid to XIT Paving and Construction, Inc. for the base bid amount of$254,119.48. Worley seconded the motion. The motion was voted on and passed unanimously. Award Contract for the Reconstruction of Approximately 1,250 Linear Feet of Alleys Between Briarwood, Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive MacLean gave an overview of the project. He stated that the original project scope included approximately 2,400 linear feet of alleys between Briarwood, Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive. He also stated that this project will be funded through the $250,000 1997 Street and Alley Program. MacLean stated that a bid of $73,054.01 had been received from L. Smith Contractors. He stated that the original budgeted amount was $100,000. He said the project could be extended 235 feet and still remain within the original budget. MacLean stated that this would leave approximately 915 linear feet of alley to complete the project. He said this would cost an additional $53,470 to complete. He said one possible source of financing to construct the remaining 915 linear feet would be to revise the Public Works Street Resurfacing budget and reallocate $53,500 to the alley reconstruction budget. Worley made the motion to award the bid to L. Smith Contractor for $73,054.01 and to divert the additional $53,470 to complete the project. Adams seconded the motion. The motion was voted on and passed unanimously. Minutes of the Wylie City Council,April 22,1997, Page 2 Approval of a Resolution Authorizing the Submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs for the Community Development Fund; and Authorize the City Manager to Act as the City's Executive Officer and Authorized Representative in all Matters Pertaining to the City's Participation in the Community Development Program Lee Lawrance with Southwest Consultants gave an overview of the grant application process and a brief history of the grant program. He stated that a local match is crucial when being considered for a grant. He said the funding originates with the Federal Government, with the Texas Department of Housing and Community Affairs administering the program at the state level. He stated that staff and the Hogan Corporation has identified $549,364 in projects eligible for TCDP funding and that the maximum grant awarded is $250,000. Jim Jenks with the Hogan Corporation gave an overview of the projects that had been identified for the grant. He said the average of most of the water lines were at least 50 years old and the sewer lines were about 40 years old. Collins stated that monies would not be necessary to use for two years. He said this would give the Council a chance to obtain the matching funds. Adams made the motion to approve the resolution as written and Scott seconded the motion. The motion was voted on and passed unanimously. Resolution No.97-7 Authorizing the Submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs for the Community Development Fund;and Authorizing the City Manager to Act as the City's Executive Officer and Authorized Representative in all Matters Pertaining to the City's Participation in the Community Development Program Approval of an Ordinance Amending the Budget for Fiscal Year 1997, Beginning October 1, 1996 and Ending September 30, 1997 Snellgrove gave an overview of the proposed budget amendments. He stated that the proposed amendments consist entirely of operating amendments to various departmental budgets in General, Utility and 4B Capital Project Funds. Adams asked about the repair history and trade in value of the Jaws of Life used by the Fire Department. He also wanted to know how old the equipment was and why it couldn't be repaired. Adams also wanted to verify that the two part time employees for the fire department would be at $6.00 per hour and they would be used as response to sick calls in the Attack truck. Collins confirmed that the two personnel would respond to sick calls in the Attack truck but that the Quint would still respond to major accidents and structure fires. Minutes of the Wylie City Council,April 22,1997, Page 3 Worley made the motion to approve all of the proposed budget amendments. Mondy seconded the motion. The motion was voted on with Worley, Mondy, Scott and Swartz voting in favor and Adams and Allen voting opposed. The motion was approved. STAFF REPORTS Manson gave an update on the drainage, shoulder and paving work being done in Community Park. Manson also stated that the Community Center was on schedule for completion about the end of May or first part of June. CITIZEN PARTICIPATION There was no citizen participation. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Jim Swartz, Mayor Susan Shuler, City Secretary Minutes of the Wylie City Council,April 22,1997, Page 4