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HomeMy WebLinkAboutCC 1990-06-04 Minutes MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 4, 1990 - 7:30 P.M. 1. CALL TO ORDER Mayor Pro Tern Davis called the meeting to order June 4, 1990, at 7:30 p.m. Present: Richard Davis Lyle E. Welch Mack Garvin Charles Scoma Byron Sibbet Linda Spurlock Staff: Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Greg Dickens Absent: Tommy Brown Frank Metts, Jr. Rodger N. Line 2. ROLL CALL Mayor Pro Tern Councilman Councilman Counc i lman Councilman Councilwoman Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer Mayor Councilman City Manager 3. GN 90-82 PUBLIC HEARING TO CONSIDER ADOPTION OF IMPACT FEES FOR WATER AND SANITARY SEWER FACILITIES Richard Albin, Engineer, outlined the procedure on imposing the impact fees. Councilman Scoma asked Mr. McEntire to touch on the legislation on how the impact fees came about. Mr. McEntire stated that Senate Bill 336 gave the ability and the need to impose the fees. Mr. Keith Reed, representing Reed-Stowe & Co., appeared before the Council. Mr. Reed explained how the impact fees were calculated and the financial aspects. Mr. Reed explained bond sale procedures. Mr. Reed stated that Council needed to review the fees every quarter. Mayor Pro Tern Davis asked what was the statute requirement for the review of the impact fees. June 4, 1990 Page 2 Mr. Reed stated that the City by its own action, three years from now could determine that there was no reason to modify the plan, but the Council has to make that decision. The Council has to make a formal decision on whether to modify or not. Mayor Pro Tern Davis stated that the Capital Improvement Advisory Committee had recommended that the program be reviewed in years 1, 2 and 3 and once every three years thereafter. Mayor Pro Tern Davis asked Mr. Reed if he concurred. Mr. Reed stated he concurred. Mayor Pro Tern Davis asked Mr. Reed if the City had complied with all the requirements. Mr. Reed stated yes. Mayor Pro Tern Davis asked Mr. Reed if he had reviewed the comments in a letter sent to the Council from the Capital Improvement Advisory Committee. Mr. Reed stated he had not seen the letter, but was present at the Capital Improvement Advisory Committee meeting. Mayor Pro Tern Davis asked Mr. Reed if he had any recommendations could he reply to the Council before the June 11th City Council meeting. Mayor Pro Tern Davis opened the Public Hearing and called for anyone wishing to speak to please come forward. Mr. Doug Long, Consulting Engineer, 1615 Precinct Line Road, appeared before the Council. Mr. Long asked would the fees be imposed at the planning, developing or building level. Mr. Long asked if it would include existing lots the pro rata for water and sewer had already been paid. Mayor Pro Tern Davis stated the Council would vote on the impact fee schedule June 11th and at that time would impose the percentage it would be and effective date. Mayor Pro Tern Davis stated that in the primary discussions with the committee they had imposed the impact fee at the one hundred percent level. Mayor Pro Tern Davis stated that as of June 20th the City would no longer be able to collect any pro rata fees. Mayor Pro Tern Davis stated the effective data to impose the impact fees would be June 21st. Mayor Pro Tern Davis stated it was also the recommendation of the committee and staff that the fee be collected at the time the building permit was applied for. Mayor Pro Tern Davis asked Mr. Dickens to give a scenario on existing platted subdivisions. Mr. Dickens stated that he would assume that if the developer had been charged in the past, those lots would not be charged. Mr. Dickens stated he would have to consult legal counsel. Mr. Dickens stated that some of the old plats that had never paid pro rata would have to pay impact fees. June 4, 1990 Page 3 Mr. Long asked if the lots were totally unimproved, would they have to pay impact fees. Mr. Dickens replied yes. Mr. Dickens advised Mr. Long he would meet with him prior to the June 11th meeting on any other questions he might have. Mayor Pro Tern Davis stated the purpose of the public hearing was to get as much input from engineers, developers and landowners to get questions answered prior to inception of the enabling ordinance. Mr. J.B. Sandlin, 5137 Davis Boulevard, appeared before the Council. Mr. Sandlin stated that Holiday West, which was part of a big development that had been going on for years, still had some twenty odd lots undeveloped. Mr. Sandlin stated he paid one hundred percent of the water main coming out to that subdivision, there was no pro rata. Mr. Sandlin asked if he would have an impact fee on the twenty undeveloped lots. Mr. Dickens stated that the interpretation as he saw it, by law, would not come into play on the developed lots because the cost had already been put into the ground. The twenty undeveloped lots would be charged impact fees. Mr. Sandlin asked if anyone affected by the impact fee could request a review. Mr. McEntire stated yes. Mr. John Barfield, 416 Louella, Developer, appeared before the Council. Mr. Barfield stated when he built Thornbridge Addition he paid all the fees. Mr. Barfield stated he would suggest consideration be given to partially completed subdivisions. Mr. Jim Harris, 6300 Ridglea, Developer, appeared before the Council. Mr. Harris stated his question was on existing platted and developed lots. Mr. Harris stated they would build the lines at their expense and asked why would it be different from an existing subdivision. Councilman Scoma stated according to the law when there was a change to the service unit calculations the property owners and users had the opportunity to go back to the City for justification. Councilman Scoma stated once they have been assessed they could not be reassessed. Councilman Scoma stated you had to look at the impact the existing subdivision would have on the system. Mr. Harris stated he felt their was a need for the impact fees. Mayor Pro Tern Davis advised that Mr. Dickens would have the answers to all the questions by Monday night. Mr. J.B. Sandlin reappeared before the Council. June 4, 1990 Page 4 Mr. Sandlin asked if a homeowner wanted a separate meter for a sprinkler system would they have to pay an impact fee. Mr. Dickens replied yes, the water impact fee. Mr. Sandlin stated he was very much against impact fees. Mr. Bill Pasteur, 2275 West Park, Euless, Realtor and Developer, appeared before the Council. Mr. Pasteur stated he had a replat coming before the Council and everything had been paid but it would be a new development. Mr. Pasteur stated it would be the same lots with different dimensions and asked if he would have to pay impact fees. Mr. Dickens replies yes he would have to pay the impact fees. Mr. Pasteur stated he was against impact fees. Councilman Scoma stated that with the rapid growth that the City had, the Council had to see that it grew in a balanced manner. Councilman Scoma stated he felt impact fees was an equitable sharing of the growth. Councilman Scoma stated he felt the impact fees gave the City the opportunity to establish the basic utilities that developers needed in order to encourage builders to come in to the City. Councilman Scoma stated he also felt the impact fees would help in the economic development of the City. Mr. Direk Dequire, 7312 Plumwood, appeared before the Council. Mr. Dequire stated the bottom line was going to hit the homeowners. Mr. Dequire asked why it did not go on a percentage on the cost of the lots. Mayor Pro Tern Davis stated the City did not control the price of lots. Mayor Pro Tern Davis stated the City was looking at how the use would impact the system. Councilman Sibbet stated Fort Worth was doing the same thing. Councilman Sibbet stated Fort Worth broke the price down by the dimension of the pipe and the cost was based on that. Mayor Pro Tern Davis expressed appreciation to Mark Wood, Planning and Zoning Commission Chairman, and the Committee for their work done on the study of the impact fees. Mr. Harris reappeared before the Council. Mr. Harris stated that the City of Fort Worth had set the fees according to the size of the line, a 3/4" was $2,500 and a 6" was $24,000. Mr. Harris stated he was speaking solely as a single family residential developer and it would concern him if a large user came into the City and seeing the $24,000 impact fee asked the City to waive the fee. Mr. Harris stated some cities would tend to waive it and he hoped that this City would take that into consideration. June 4, 1990 Page 5 Mayor Pro Tern Davis stated the City had certain debt obligations that had to be met and if the City did not collect the $24,000 impact fee then somewhere it would have to be added to the water and sewer bill that went out to every customer. Mr. Johnny Ripple, 7305 Plumwood, appeared before the Council. Mr. Ripple asked why the cost always went to the developer. Mr. Ripple asked why it was not separated out among the homeowners also. Mr. Ripple stated everyone should get a bill for $200 to pay for what they had. Mayor Pro Tern Davis stated the City tried to do it at the easiest accessible collection point. Mayor Pro Tern Davis stated the City knew when someone was going to build because they had to get a building permit and the cost was passed on to the person buying the house. There being no one else wishing to speak, Mayor Pro Tern Davis closed the Public Hearing. 4. ADJOURNMENT Councilman Scoma moved, seconded by Councilwoman Spurlock, to adjourn the meeting. Motion carried 5-0. Mayor ATTEST: r}t-/~ ¿~ C' y Secretarý