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HomeMy WebLinkAboutCC 1980-08-11 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, AUGUST 11, 1980 - 7:30 P.M. 1. Mayor Faram called the meeting to order August 11, 1980, at 7:30 p.m. CALL TO ORDER 2. Present: Dick Faram Jim Kenna Jim Wood J. C. Hubbard Wil ey Thomas Dave Freeman Sharyl Groves Mayor ROLL CALL Councilmen Councilwoman Staff: Chuck Williams Jeanette Moore Rex McEntire Richard Albin Ann Cannon P. J. Harbruck Pam Harwick Joe Norton City Manager City Secretary City Attorney City Engineer Tax Assessor North Richland Hills News Mid-Cities News The Tribune Absent: Bob Brady Councilman Councilman Thomas moved, seconded by Councilman Wood, to approve PS 80-26. INVOCATION APPROVAL OF MINUTES OF THE REGULAR MEETING JULY 28, 1980 APPROVED PRESENTATION OF CERTIFICATE & FIVE YEAR PIN TO HELEN CLINE, CIVIL SERVICE SECTREARY-PERSONNEL DEPART[~ENT IN RECOGNITION OF FIVE YEARS OF SERVICE CONSIDERATION FOR PS 80-26, REQUEST OF FOSTER FINANCIAL CORP. FOR FINAL PLAT OF FOSTER VILLAGE, SECTION ELEVEN APPROV ED 3. The invocation was given by Mayor Faram. 4. Councilman Hubbard moved, seconded by Councilwoman Groves, to approve the minutes of July 28, 1980. Motion carrièd 6-0. 5. Mayor Faram presented Mrs. Helen Cline with a service award and pin for five years of service in the Civil Service Department. 6. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval of this request subject to the Engineers' comments. Councilman Wood asked if all comments had been worked out with all parties concerned. Mayor Faram stated the letter from Mr. Doug Long indicated all were in agreement. Councilman Wood stated one item that had not been answered was in regards to the pro rata for water and sewer lines. Mr. Albin stated that according to Mr. Long's letter a developer agreement had been made between the City and Foster Village sometime ago that considered pro rata on water and sewer lines including the ones outlined in the City Engineers' letter of July 17, 1980 and were included in these developer agreements. Councilman Wood asked what share of the cost would have to pay. Mr. Albin stated he did not know what the city's cost would be. The rates for pro rata had been set and the engineers had used these figures for quite sometime. Mr. Albin stated that although the cost of water and serer lines went up and down, ca consistent rate was used from one review to another. Councilman Wood asked if for instance the developer was going to pay $11.00 per linear foot for a 8 inch line, what would be the cost to the city. Mr. Albin stated it would be comfortable to $11.00, it would vary with conditions involved. Mr. Bronstad stated the city's coust would be $11.00 per linear foot. Mayor Faram asked if this plat was approved, would it contribute to the potential flooding problem anticipated down below this development. Mr. Albin stated any development in any part of the city would contribute to downstream flooding. Mayor Faram asked if there had been any negotiations as to taking care of the channel that had been under discussion down below in the open property to the west of Little Ranch Road. Mr. Albin stated the developer was required by the Subdivision Ordinance and the Flood Hazard Prevention Ordinance to determine whether ot not the downstream capacity of the channel that was attributery to the subdivision, generated storm water run-off and was caple of handing a 10 year discharge. Mr. Albin stated in this particular case the developer had met the criteria for the immediate channel downstream from this development. August 11, 1980 Page 2 Mayor Faram stated his concern was that approval of this plat would add to a flood hazard. Mayor Faram asked if the time frame was correct as to not add to the potential of flooding homes in the area by approving this plat. Mr. Albin stated it would depend on whether ot not the channel was enlarged through Morgan Meadows prior to the full development of this subdivision. Mayor Faram asked what affirmative action had been taken by the developers to see that flooding did not occur. Mr. Albin stated the ordinance that he had to go by in making reviews and recommendations limited the developers responsibilty downstream. The develpers were limited to getting the water to a major water course and making sure the reun-off above their development and immediately downstream, beyond that developers were not bound. Mayor Faram stated there had been some discussion involving more than one developer in getting the drainage problem solved. Mayor Faram asked Mr. Albin is he had any statistics of the discussion. Mr. Albin stated it was his understanding that the developers of the Windcrest Addition at one time was going to participate in the improvement of Calloway Branch channel from Hightower to Chapman Road. Mr. Albin stated the last he heard the previous City Manager and Director Public Works was involved and he had not been given any feed-back. Mayor Faram asked Mr. Albin if he recalled any agreements that were made by any developer as to participation in the project. Mr. Albin stated he had seen no written documents to that effect. Mayor Faram asked if the city would be legally and morally bound approve this plat without some kind of concrete evidence or some kind of participation in the drainage project or if it would be more correct to postpone action on this project until there was something more firm to look at. Mr. Albin stated he could not speak to the legal ratification but could tell the Council that the drainage problem would increase downstream by this development. Augus t 11, 1980 Page 3 Augu s t 11, 1980 Page 4 Mayor Faram stated it seemed to him that the burden of the drainage was being put on the taxpayer by major developers. Mayor Faram stated that until the Council had more than what had been presented tonight he would ask the CoUncil to postpone action until they could find out what kind of participation was going to be given by other developers in the area of the property in question. Mr. Albin stated he had not been involved in the preliminary plainning of this development. Mr. Albin stated that me understood that the entire Foster Village area was involved in the preliminary planning and they did not have to submit preliminary plans to this particular installment. Mr. Harris stated this plat was section eleven of eighteen sections of the subdivision which was approved sometime ago. Mr. Harris stated this particular section drained onto Windcrest, which was required by the city to construct a concrete channel. Mayor Faram asked Mr. Harris if he had been in discussion as to the flood plain down to the park. Mr. Harris stated he had not. Mayor Faram asked Mr. Harris he was aware there had been some discussion on Foster Village's last plat approval as to how it contributed heavily to the potential flooding problem in Morgan Meadows. Mr. Harris stated he did not feel the last plat approval contributed to the potential flooding problem. Mayor Faram asked Mr. Harris if it would be a major inconvenience to delay approval of this plat for two weeks until he had an opportunity to discuss with the City Staff and City Engineer as to the effect this plat would have on the drainage run-off into that flood plain. Mr. Harris asked what the suggestion might be. Mayor Faram stated he understood from some of the previous staff that there had been discussion on participation among several developers in that particular area as to an open channel. Mayor Faram asked Mr. Harris if he was aware of this discussion. Mr. Harris stated he was not aware of the discussion and he thought the developers of Windcrest were required, or it was discussed with them, to do some improvements downstream. Mr. Harris stated the developers of Windcrest were downstream from F os ter' sdeve lbpment.~ Mr. Albin stated the developers of Windcrest had done some inprovements from the eastern border of the Windcrest Addition doen to Chapman Road and the improvements of the channel immediately downstream were sized to carry the run-off from all the areas contributory to that, representing a full development upstream wh~ch would include Foster Village section eleven. Mr. Albin stated as far as participuation in the improvements by developers upstream he was not aware if they had been contacted or involved. Mr. Albin stated the channel had been widened down to Chapman Road and the widening was sized to carry the full drainage area. Mayor Faram asked if he was to understand it would not create a potential flooding hazard with the approval of this plat. Mr. Albin stated taking care of the channel downstream to Chapman was just part of the problem and would not solve the whole problem because then it had to go down Little Ranch Road. The channel alleviated some of the flooding in the immediate area. Mr. Albin stated the channel had yet to be completed north of Hightower frøm Hightower to Chapman. Mr. Harris stated section eleven was the only section of their subdivision that drained into that particular drainage area. Mayor Faram asked Mr. Harris if he would object to the plat being approved with the stipulation that all conditions were satisfied and the City Engineer having satisfaction that it would not be flooding homes as a result of the development. Mr. Harris stated he had no objections. Councilman Wood asked if the channel Mr. Albin had discussed was from the corner of the Windcrest property and had it been channelized or daylighted. Mr. Albin stated it had been daylighted. Councilman Wood stated it it had been daylighted he would like to withdraw his second to the motion. Mayor Faram advised Councilman Wood he could withdraw his second, but thought Mr. Harris had indicated that he was in agreement on the approval of the plat subject to the City Engineer being satisfied that it would not be contributing to a flood problem. Mayor Faram stated August 11, 1980 Page 5 he would suggust that before the second was withdrawn that the motion be amended to the effect the plat was approved subject to the satisfaction of the engineer that it would not be contributing to a flood problem to the existing homes immediately below the area. Councilman Wood stated there was a drainage problem all the way down from Foster Village to the park on Chapman and everthing that was done up above was pouring water down a channel that did not exist. Mayor Faram asked Mr. Harris if it would inconvenience him to postpone action on this plat until the next Council meeting. Mr. Harris stated he would suggest the Council approve the plat because it would being them to a certain phase of their engineer. Mr. Harris stated he realized the Council was concerned about the drainage downstream and Foster Financial had agreed to work with the City Staff and City Engineer to try and come up with some solution. Councilman Wood moved, seconded by Councilman Kenna, to amend the motion to state "subject to the review and agreement of the City Staff and City Engineer on the drainage problem, based on a 10 year flood criteria. II Amended motion carried 6-0. Mayor Faram called for a vote on the original motion as amended. Motion carried 6-0. 7. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval of this request subject to the Engineers' comments. Councilman Kenna moved, seconded by Councilwoman Groves, to approve PS 80-27. Motion carried 6-0. 8. Mayor Faram advised the Council the Planning and Zoning Commission had recommended approval of this request subject to the Engineers' comments. Councilman Wood moved, seconded by Councilman Kenna, to approve PS 80-28. Councilman Freeman asked why it was being re-platted. August 11, 1980 Page 6 CONSIDERATION FOR PS 80-27, REQUEST OF J. T. HUBBARD FOR REPLAT OF LOTS lR, AND 2R, BLOCK 4, MEADOW LAKES ADDITION APPROVED CONSIDERATION FOR PS 80-28, REQUEST OF LAUREL DEVELOPMENT CO. FOR REPLAT OF LOTS 2R, 3R, & 4R, BLOCK 1, NORTH EDGLEY ADDITION APPROVED August 11, 1980 Page 7 Mr. Bronstad stated they were changing two lots into three. There would be a pancake house and a furniture store. nr. Bronstad stated he did not know at this time what would be built on the other lot. Motion to approve carried 6-0. 9. City Attorney McEntire stated the Council would be setting the Public Hearing for August 26, 1980 and on August 18, 1980 the first notice of intent would be published. On August 26, 1980, a special meeting would be held for the Public Hearing. On August 29, 1980, the second notice would be published and at the regular meeting September 8, 1980, the tax rate would be adopted. CONSIDERATION ON INTENT TO INCREASE TAXES, PUBLIC HEARING SET FOR AUGUST 26, 1980 APPROVED Councilman Wood moved, seconded by Councilman Kenna, to approve the intent to increase tax rate by 23% and set the Public Hearing for August 26, 1980. Motion carried 6-0. 10. Councilman Hubbard moved, seconded by Councilman Thomas, to grant an appeal hearing on PZ 80-25 & PZ 80-26 for September 8, 1980. Motion carried 6-0. CONSIDERATION FOR SETTING TIME AND DATE TO GRANT AN APPEAL HEARING ON PZ 80-25 & PZ 80-26 FOR SEPTEMBER 8, 1980 APPROVED CONSIDERATION FOR FINAL PAYMENT ON THE GLENVIEW RIGHT-OF- l~AY MAPS IN THE AMOUNT OF $2,738.06 PAYABLE TO FREESE & NICHOLS, CONSULTING ENGINEERS POSTPONED 11. Councilman Thomas moved, seconded by Councilman Wood, to approve final payment to Freese and Nichols in the amount of $2,738.06. Mr. Albin stated he was not sure this was the final payment. After discussion, Councilman Freeman moved, seconded by Councilman Hubbard, to postpone action on this item until the August 25, 1980, meeting. Mayor Faram instructed the City Engineer and Staff to check and see if this would be the final payment. Motion to postpone carried 6-0. 12. Councilman Kenna moved, seconded by Councilman Thomas, to approve final payment to Universal Tank & Iron Works in the amount of $98,093.80. Motion carried 6-0. CONSIDERATION FOR FINAL PAYMENT ON 2.0 t~G ELEVATED STORAGE TANK ON BURSEY ROAD IN THE AMOUNT OF $98,093.80 PAYABLE TO UNIVERSAL TANK & IRON WORKS, INC. APPROVED. August 11, 1980 Page 8 13. Councilwoman Groves moved, seconded by Councilman Freeman, to approve the specifications for two (2) 100 GPM fire apparatusp.s. RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF BOND ELECTION HELD ON AUGUST 9, 1980 THE STATE OF TEXAS ~ COUNTY OF TARRANT ~ CITY OF NORTH RICHLAND HILLS ~ CONSIDERATION FOR APPROV,l\L OF SPECIFICATIONS FOR TWO (2) 1000 GPM FIRE APPARATUSES APPROVED CONSIDERATION OF RESOLUTION CANVASSING RESULTS OF A CITY BOND ELECTION APPROVED RESOLUTION NO. 80-27 Motion carried 6-0. 14. City Attorney McEntire read the following resolution: WHEREAS, this governing body resolved and ordered that an election be held within this City on the 9th day of August, 1980, for the purpose of submitting certain propositions for the issuance of bonds to the resident electors of the City; and WHEREAS, it is hereby found and determined that said election was held in accordance with the authorizing proceedings, that notice of the election was duly given in the form, manner and time required by law, and that said election was in all respects legally held and conducted in accordance with the laws of the State of Texas applicable thereto; and WHEREAS, the returns of said election have been made to this governing body and said returns, duly and legally made, show the following votes were cast on the propositions submitted at said election, to wit: PROPOSITION NUMBER ONE liTHE ISSURANCE OF $7,000,000.00 GENERAL OBLIGATION BONDS FOR STREET H1PROVEMENT" II FOR II 1121 votes "AGAINST" 736 votes TOTAL VOTES CAST 1 726 votes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That all of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgement. SECTION 2: That it is further found and determined that the results of the election as convassed and tabulated in the preamble hereof reflect the expressed desires of those persons voting at said election. PASSED AND APPROVED this 11th day of August 1980. Councilwoman Goves moved, seconded by Councilman Freeman, to approve Resolution No. 80-27 as presented. Motion carried 6-0. Mayor Faram stated he was elated by the bonds being passed and would like to thank Ms. P. J. Harbruck, Mrs. Toni Beard, North Richland Hills News; Mrs. Pam Harwick, Mid Cities News and t1r. Joe Norton, The Tribune; for their news coverage on the bond proposals. 15. City Attorney McEntire read the following resolution: WHEREAS, the City held a Charter election on August 9, 1980; and WHEREAS, a canvas of the votes showed the following results: II FOR THE NEt-} CHARTER II 830 II AGAINST THE NEW CHARTER" 1000 Nm~ THEREFORE be it resolved by the City Counci 1 of the City of North Richland Hills, Texas, that: 1. The above canvas be and is hereby approved. 2. The new Charter is hereby declared to have failed. PASSED AND APPROVED this 11th day of August, 1980. Councilman Kenna moved, seconded by Councilman Thomas, to approve Resolution No. 80-28 as presented. Motion carried 6-0. 16. Mr. James A. Cushman, 4904 Wedgeview, appeared before the Council. Mr. Cushman stated he wanted to build a hobby shop in the back of his residence and did not want to brick it. August 11, 1980 Page 9 CONS I DERA TI ON OF RESOLUTION CANVASSING RETURNS AND DECLARING RESULT OF A CITY CHARTER ELECTION APPROVED RESOLUTION NO. 80-28 CITIZEN REQUEST - MR. JAMES A. CUSHMAN REQUEST FOR A VARIANCE FROM BRICK ORDINANCE POSTPONED Mayor Faram asked what the square footage of the building would be. Mr. Cushman stated it would be 650 square feet. Mayor Faram asked Mr. Cushman if he was aware that the building code required some type of mansory. Mr. Cushman replied yes. Mayor Faram asked if any of the neighbors had been contacted in reference to the type of building he wanted to build. Mr. Cushman stated he had talked to all the neighbors and no one objected. Mayor Faram stated he would recommend to the Council to postpone action on this item until all the neighbors could be contacted. Councilman Freeman asked how large the lot was. Mr. Cushman stated the lot was 85 feet at the front, 135 feet on the north side, 137 feet on the south side and 135 feet across the back. Councilman Freeman asked where the property was located. Mr. Cushman stated the back of his lot was at the Hurst city limits. Councilman Hubbard moved, seconded by Councilman Wood, to postpone action on this item until the immediate property owners were notified. Motion carried 6-0. Mayor Faram stated the bonds had been approved and he would like to ask the Council to give the City Engineer the authority to proceed with the engineering design on Rufe Snow. This item will be added to the August 25, 1980, Council agenda. 17. Mayor Faram adjourned the meeting of Augus~.ll, 1980. ~:!;m, ~ ATTEST: August 11, 1980 Page 10