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HomeMy WebLinkAboutCC 1979-10-08 Minutes MINUTES OF THE REQULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, OCTOBER 8, ~979 - 7:30 P.M J. Mayor Faram called the meeting to order October 8, 1979, at 7:30 p.m. CALL TO ORDER 2. PRESENT: Dick Faram Denver Mi 11 s Jim Wood John Michener Jim Cato Lena Mae Reeder Mayor ROLL CALL Councilmen Councilwoman STAFF: Tom Paul Jeanette Moore Jim Anderson Rex McEntire Richard Albin ~,1a rgi e Nas h Jo Ann Williams City Manager City Secretary Director Public Works City Attorney City Engineer Planning & Zoning Member Board of Adjustment Member ABSENT: Sid Cavanaugh Dave Freeman Councilman Councilman 3. The invocation was given by Councilman Michener. INVOCATION APPROVAL OF MINUTES OF THE SEPTEMBER 10, 1979, CITY COUNCIL MEETING APPROVED ~. Counci hlOman Reeder moved, seconded by Counci 1 man Mill s, to approve the minutes of the September 10, 1979, meeting as wri tten. Motion carried 4-0; Councilmen Mills, Wood, Cato and Councilwoman Reeder voting for; Councilman Michener abstaining due to absence from the meeting. 5. Councilwoman Reeder moved, seconded by Councilman Michener, to approve the minutes of the Special Meeting of September 18, 1979, as written. ~1otion carried 4-0; Councilmen Wood, Cato, Michener and Councilwoman Reeder voting for; Councilman Mills abstaining due to absence from the meeting. 6. Councilman Mills moved, seconded by Councilman Wood, to QPprove the minutes of the September 24, 1979, meeting. APPROVAL OF MINUTFS OF THE SEPTEMBER 18, 1979, SPECIAL CITY COUNCIL MEETI NG APPROVED Motion carried 4-0; Councilmen Wood, Michener, Cato voting for; Councilwoman Reeder abstaining due to absence from the meeting. APPROVAL OF MINUTES OF THE SEPTEMBER 24, 1979 CITY COUNCIL MEETING APPROVED "":'\ · .. --._._-"..._>-.---_._--~.._-"..._--~_.---._-~- October 8, 1979 Page 2 PLANNING & ZONING PS 79-69, REQUEST OF DAL-WORTH DEVELOPERS, INC., -FOR FINAL PLAT OF HOLIDAY NORTH, SECTION 7 7. Mayor Faram: This is a platting case not a zoning case, it is not a Pu~lic He~ring, .however I do have several requests to speak on thlS subJect. If the Council approves I would like to depart from the rules and let some of the ~eople speak. Mayor Faram: I take it most of you are here in regard to this plat. Have you seen the proposed plat? Answer: No Mayor Faram: But you have not seen the plat as proposed. Mayor F~ram: [nrnest Hedgcoth: I understand there is some possible changes in that and if I may I am going to call on the developer. if he is present to outline those proposed changes and then we will go into those who have filled out the slips. I am Earnest Hedgcoth a consulting Engineer representing Dal WorthlGordon in this platting case for Holiday North Section 7. For the benefit of those here I will give the Council a brief outline of what we propose so they will be a little clearer. What we haveconsìsts of- 104 luxury apartment complex. Our first phase of our development will have a 104 luxury type apartments wh~ch ~/il1 consist of 52 one bedroom units and 52 two bedroom units. The minimum rent for a two bedroom unit will be $273.00 per month, which we do not consider as low income type housing. This property is zoned multi-family and has been multi-family for about ten years. We plan to have an onsite manager who will be on the project at the office. The property will be an asset to the community. It will have a swimming pool in the middle which will conform to all the city safety regulations; fences and all the other safety procedures. We will have 2.5 parking spaces per apartment, which is required by the Zoning Ordinance. We will conform with all building specifications and plans for the city's requ:rements for multi-family housing. By the City Engineer's letter of September 26, 1979, we were informed that our plans and plat had met all proper corrections and there were no future objections to the sub-division. To make an effort so this project will be as asset to the community and minimize the impact to the area, we made an effort to "study th~area and found" that the average apartment dweller has a 1.1 child per apartment unit. Assuming the maximum of all these people having 1.1 child we don't even have an increase of 100 to the school system throughout the Birdville School System. We have checked with the Birdville School System and they have informed us their system could more than adequately handle 100 which is the maximum we feel you will get with this type of apartments. Since we have 50% one bedroom apartments we don't anticipate as many children in this project. -.,\ Cato: Hedgcoth: Mi 11 s: Hedgcoth: Mi 11 s : Hedgcoth: Mi 11 s: October 8, 1979 Page 3 As an added convenience we had aligned all of these apartments to face north and south which will minimize the impact on the surrounding residential area. We only have the ends of the apartments facing the residential development. Also we have placed the apartments 30 feet from the property line. This is 15 feet more than the City Ordinance requires. As a further effort and as an amendment to this plat, Mayor, we are asking tonight that we be granted approval of this plat subject to these amendments; what we are proposing to do is channelize the existing Calloway Creek all the way across the property and install a bridge, culvert type, connecting to Holiday Lane. This will allow access to the project from Holiday Lane and reduce the traffic flow through the residential streets. We are asking that we postpone the construction of the southern portion of Circle Drive until phase II is built, we will be connecting with Circle Drive to the south end and to stop where the roads crossings come across. Again, we are asking the Council to approve this plat subject to these amendments and subject to our furnishing the engineers drawings and specifications for approval by the Director of Public Works and City Engineer. I thank you for your time. Mr. Hedgcoth, on this first phase, 104 apartment units what is the acreage involved? Approximately 6 1/2 acres. Your own Zoning Ordinance allows 19.4 units per acre. So you could take 104 and divide it änd it comes to just about 6.5 acres. Do you have a map that would have a better depiction of the flood plain so we could see how these apartments relate to that? We do have a drainage plan, yes sir. Does it have the 100 year flood plain drawn on it? No sir, it does not have the 100 flood plain drawn on it. We have made that study. The first phase and all of the phase and one and two developments along this side will be above the 100 flood. The 100 year flood plain runs right along the ... and we are going to contain the 100 year storm in this channel The channelization will contain the 100 year storm in that channel. The channel will be 60 feet bottom with a six foot deep one three to one five flow and that would carry the maximum 100 year storm. Is that compatible with the improvements on down stream that start at Maplewood and go on down? --, Hedgcoth: r'1i 11 s : Hedgcoth: Richard Albin: Hedgcoth: Wood: Hedgcoth: Hood: Richard Albin: There would not be any impact from Maplewood on down. No. What would happen there? Would we have adequate channel there if he makes his improvements? Not until Calloway Branch is channelized. We have not made a study on Calloway Branch and I could not comment on whether the channel down stream from this development to be adequate to carry the 100 year flood. I don't think it would. In fact the current FIA map, a flood hazard boundary map and flood i,nsurance rate map indicates that the 100 year flood will go outside the existing channel. Now, what we are looking at here is just the area within this proposed development. and the channel capacity will carry the 100 year flood within this proposed development and the channel capacity will carry the 100 year flood within this unit according to the calculations presented. But, it will definately have an impact on the downstream portion. In relation to that we have been in contact with the property owners to the immediate south concerning a joint venture type channelization so we could continue the channel to the Texas Electric Service Company's right-of-way. It is channelizated currently from Lola back approximately 500 feet to where I think the School System takes over. From there to Texas Electric's right-of-way is still its natural state, five hundred feet from Lolãnorth to where there is an existing channel there by the church and from there across the school's property to the natural channel. Now what we are proposing, it is not a definite plan but we have been in contact with the adjoining owner about a joint venture on this channelization and that would finalize it all the way to the TESCO right-of-way. There would be a small area there that would not be in the channel i zed secti on.: I did not see where you said you \rlOuld terminate Circle Drive. At the bottom of our first phase development. I would like to ask the City Engineer if when we get a recommendation on a plat when is the process required that you are able to speak to a downstream drainage problem, at what point do you get involved? We do not have an answer, right? That is correct, we do not have a definitive answer. Any development that occurs throughoot the City of -¡,.~, October·8, 1979 Page 4 Wood: Mayor Faram: Earnest Hedgcoth: Hood: ~1ayo r Faram: Earnest Hedgcoth: Wood: Mayor Faram: October 8, 1979 Page 5 North Richland Hills impacts the downstream area. This is a problem we have wrestled with over the yèars. Basically what we do when we review a subdivision is determine if the development that is under consideration is designed such that the drainage problem is taken care of to a recognized water course. Once it gets to the recogni2ed course that is where we end our investigation. We are talking about quite a study to determine what improvements are necessary to carry the 100 year flood in a major water course. This has not been done to date. We are looking at a final plat, I do not see any distinction between phase one, lot one or lot two. The only thing I see is we are looking at a total zoning case. Are we approving only phase one? I think that is all that is under application at this time is phase one. Yes sir, we are platting the entire 35 acres, this will be the plat. Now as we develop we will develop into phases. This is by direction of the City Engineer by his first letter. How do we see another plat, I assume phase two and three of lot 2 or phase one lot one? When do we see the rest of it, or do we get an opporunity, if we approve this particular plat? I think what you are saying now or I misunderstood, you are.platting the entire thing. Your proposal is however to build phase one on approval of this plat. We would submit plans to the City Engineer at the time we went for building permits. Under the first phase the first plan you have before you we were planni'ng to construct the entire road all the way so there really would not be any other plans other than just the layout of the apartment complex which your city staff would review for the building permit. At this time what we propose is we will come back with a set of plans showing the channelized section and the road section over to Holiday Lane. When we come back for phase two we will give you the construction drawings for this road and show you the layout of these apartments. In essence we are approving multi-family construction for 35 acres and the Council will not see another plat. To clarify the point Jim, this is already multi-family zoning. ~ Wood: Jim Anderson: Mayor Faram: Mayor Faram: Earnest Hedgcoth: Cd to : Richard Albin: Ca to: Richard Albin: Ca to: Richard Albin: - '--~"."-~"~~'.~--'~,"'~-~-~~--_"~~-~'~'_~-~-- I agree. Only lot one is multi-family. That is everything east of Circle Drive.of which this proposed constuction is in and the other portion is zoned Local Retail and you can build multi-family in· Local Retail. The Zoning Ordinace does allow that. Do you propose, if this plat is approved that before construction is complete that the bridge and access road would be built over to Holiday Lane so there would not be any impact of traffic over in the existing neighborhood or at least relieve it that much. That is our amendment we offer tonight is that in phase one we will fully channelize the creek, build the bridge and the access road to Holiday Lane. In the approval we are asking that you grant us permission to delay the paving of the southern portion of Circle Drive until phase two is built. I would like to ask a question of the City Engineer; you said you did not have a definitive plan on Calloway Branch. Was that not a part of the drainage Masterplan that your Firm did a few years back? That Masterplan was done in 1967 based on current data available at the time and reduced rainfall intensity and frequency, not based on the 100 year storm. Since 1967 the city has entered into a flood insurance regulations program in whi ch we try to desi gn water courses and channel s to contain the 100 year flood. In 1967 that "Masterplan" I would consider obsolete in this case. I ask because I have not seen any letters from your Firm delineating inadmissability of that Masterplan anymore. Question number two, without such an investigation how did you size the channelization to be done in the area? Did you take into consideration anything from the upper plain that will be coming down through the channel? I did not do the study I only reviewed it. You re-afirmed their findings. Yes, the Engineer has provided detailed calculations for re-channelization and his calculations for containing the 100 year flood wit~.~n this particular area. October 8, 1979 Page 6 Cato: Richard Albin: Ca to : Ri chard Albin: Ca to: Richard Aibin: Cato: Earnest Hedgcoth: Ca to : Ea rnes t Hedgcoth: Ca tð : Earnest Hedgcoth: Cato: Earnest Hedgcoth: Cato: But not up stream? It includes the upstream drainage area, but, it does not carry the study down stream. My question was, did you re-afirm the calculations for the drainage in this immediate area. I went through his calculations and the calculations appear to be done in accordance with proper engineering drainage design and with the limit of time resources we have to do this review, it is our judgement that these calculations are adequate to properly define the 100 year flood plain. in the area section two. And the up stream drainage? Yes, if you are referring to the backwater effects that would be created by this. Mr. Hedgcoth, you said you were about 30 feet from the property line on the eastern boundary. . Yes, that is the apattment alignment. Do you have plans for a screening fence in that area? Yes, we plan to build a site barring fence. However, most of the residents along that already have their own, but we plan to build a six foot sight barring fence. Wood, cylinder block, or what? I really dould not.say what the architect has in mind. But it will be a fence site barring. I did not see any designation on the plat and I wondered if you had one in mind. This is a plat which will be filed in the Courthouse and really has no bearing on the property construction. That will come under the building plans. You must also understand the Council will not see the building plans. -<s, October 8, 1979 Page 7 Earnest Hedgcoth: Cato: Earnest Hedgcoth: Cato: Earnest Hedgcoth: Cato: r,jayor faram: Cato: Mayor Faram: Cato: Richard Albin: Mayor Faram: r~ayo r Faram: Nancy Strauser: October 8, 1979 Page 8 Yes sir, I understand that. All I can say is that we wi 11 do it. If this was passed tonight, would you be adverse to putting it on the plat? I have in the past and I will be glad to. Did the staff not ask you to include your phasing on the plat? No. It is customary when we know you are going to phase construction to put the phasing on the plat itself. Did they not request that? Would the staff like to answer that question? Let me see if I know what you are talking about Jim. Normally when they know in advance they are going to build in specific phases usually they come in with a phased plat. Foster Village came in phased; Stoneybrook came in phased. They requested platting only to the area that was to be immediately constructed. It is not mandatory but I thought in the past the staff had requested such. It is a matter of policy, not necessarly a requirement. This was not done, I,presume. That is true, this was not done. If there are no more quetions I am going to excuse you and lets hear from some of these other. I have Nancy Strauser. My name is Nancy Strauser, I live at 7525 Ciricle Drive. I have had a lot of opposition to this before I saw the plat and now that I have seen the plat I think that it is compounded. We are not talking about 104 units but probably 250 units. Several more than what is shown on the plat which will mean a lot more problems in the area. My number one problem was that we already have a heavy volume of traffic through the streets now. With the addition of these --\ October 8, 1979 Page 9 apartments and the way that it shows on the map and without the amendment tonight it means that all the traffic will be routed down our street and into the other streets from Holiday Lane which will make our street easy access to anyone coming off Holiday Lane. We feel like that if only the apartment user was to use our street that would still be right now an additional 250 cars per day if they had no vistors, no delivery persons. As of January 1, when Davis Blvd., goes under construction a lot of that traffic will re-route and come down Holiday Lane and we will be a much easier access into the neighborhood. One of my main considerations is also I have school children, a boy five and a girl ten. I have talked to Mrs. Isabel and she said that right now the school is in a comfortable stage. We had 650 children enroll. Just this past spring the new school was completed and we had over a 1,000 children in Holiday Heights. Even if only half of thése apartments now that are being platted have just, I would quote 2.5 childen, if they had only half the children we were expecting, the other apartments they presume to build . there will bring an other addition and this is only the apartments. This doesn't even take into consideration that Holiday West is being built there with over a 1,000 homes there. These children have to have a place to go to school and Holiday Heights is it. Also Richland High School has an enrollment of over two thousand children this semester. They just now put on two extra teachers to keep our classification of 4A because we have so many children. I talked to Dr. Gastwell at Birdville Administration and he said that he would be more than happy to talk to anyone on the Council. He does not feel, to me he said, the school could absorb the children in the area with the additional resident's that are being built over there. We feel as taxpayers, we pay these school taxes and that our children should be the ones that benefit first for the education. These apartment dweller would probably be transient and come and go. Although the land owner would have to pay the taxes they would not be what ours would be in comparison, so our children need the advantage first. Also he said half of these would be one bedroom apartments, one with no children. The people in this neighborhood had grown acustomed to, most of us have lived here for quite a while, we have lived here since 1971, we know the neighborhood where the children are, we watch out for each othe~we know the children are there. We have no city park in this area so the children have to ride on the streets and sidewalks. We have to watch out for each others children and these 50 apartments that would only have adults would be more inclined not to be as aware of our children. This phase two or phase one he is proposing tonight, Circle Drive North does not even have a sidewalk for the children to walk on much less to ride their bicycles or play on. We walked and circulated circulars advertising this meeting, and we walked on the street because there was no sidewalks. We feel like there is not adequate street space for the cars much less for our children to cross back and forth to go to school. They ride their bicycles and walk to school in the mornings. It is heavily populated down there with children and we feel like the additional traffic would only hinder them. We also, on our street we have motorcycles, up and down continuously and · ~-'",_"_'V_ "..>"'·'~'_.'_'~·'_"_e~_·~_'_""_______~'''_~'____~____,_ October.8, 1979 Page 10 we are constantly getting out there and flaging them down and telling tnem to ?top that we have children playing. If they open up this street like they propose to it is like an open invitation for-these' kids to ridethèi'r motorcycles as fast as they can down that street and try to make that curve. . Not only is it going to harm our children it is going to harm these kids that are riding their motorcycles down there. I only found out about this Tuesday. I feel like that we as citizens in the area were not given ample time to study this. But, I found out that in the City of North Richland Hills we do not have have ambulance service. We have Turner and Mid-Cities. Turner will not come in but they will call the North Richland Hills Fire Department to pick up the cases. They said they did not come in to North Richland Hills. I went to the Library and I looked and in 1972wasithe last thing I could find about the city. It said the most important thing was a Fire Department and it has been seven. years and they are just beginning construction on it. How long will it be before we can use it? We have never had a problem yet, but, that is not to say we won't. We need to be prepared if something like that should arrive. We are concerned about the water and sewage problem. I don't know, he didn't say, if these apartments were going to have washers and dryer's or dishwashers. We all know that if it does that is going to add to our sewage problem. I talked to Harold Taft Friday and he said we had ample rainfall and we didn't have to worry about watering our yards. This is the first summer we have had that we haven't been on water rationing. We are not sure this plan that has been put in that we won't have water problems next summer. There could be a problem and water might have to be rationed. We feel like since we have' been living here and' , paying the taxes in this city we should be given this consideration first before the other buildings that have come in. He has explained some about the flood plain. I feel myself that this is going to be an open creek and we don't know what our children are going to get into with as many as live there. There is no way of keeping our children out as many as live in the neighborhood and if this crosses there. It seems that there could be some other way they could fix this and they would have to have it in their plat, their original plat, and show exactly what they plan to do to get the traffic across there and a safeguard for the children. I know when we had heavy rains in the spring we have had water that came up on the first four houses of our street and backed up there into their yards. almost up to our trees before it had enough drainage to go down. Though you all may not live here, and J know most of you live across on the other side, you just may not be aware of the problem as it is here. I know that I saw Mr. Mills out driving this afternoon and I know that you have studied it, but unless you are on a day to day basis -"'\ Mayo r F a ram: Mrs. Strauser: Mayor Faram: Mrs. Strauser: Mayor Faram: Mrs. Strauser: Mayor Faram: October . 8, 1979 Page 11 with this you don't really realize how serious it is. We also have to consider, although our fair market value on our homes will go down because the apartments go there we know we will still be charged the same amout of taxes for the same square footage in our homes, but, when we go to sell our homes there is nothing to say that someone could come and ask. me what I wanted and I say $60,000.00 and they say on a street where apartments are. and we don't have anything aga~nst the apartments. I know that is multi-family, it had been multi-family since I have lived there. But, I myself have been up here a dozen times to look when I have heard a rumor tha something was going to be built there. They assured us when we bought our homes that it was a flood plain area and nothing would be built there until extensive development was done and it would cost so much a builder would not want to put the money into it before going ahead and developing the land. I feel like the City Council had always in the past,lhad considered the thoughts of the citizen and considered the safety, health and welfare of our children and residents that live here. I would ask that you take serious consideration before you approve this plat so that you know what is involved and so they can tell you every answer and not just a I supose so, or yes we will do this, but, an ~bsolute postive thing. First let me ask you Mrs. Strauser, who advised you there would be no building on that property? Someone in the little desk area here, and I asked, and our realtor at the time, several others. The people down on Carylon came up this spring before doing any development and adding improvements to their home. There are several people around there who have added large rooms and pools and came up and were told no this land would not be developed it was a flood plain. But, someone from the city did tell you. Yes. You say you moved here in 1971. Yes. Were you aware it was multi-family at the time you bought J ..~ Mrs. Strauser: Michener: Mrs. Strauser: Michener: r·lrs. Strauser: Nichener: Mrs. Strause~: Michener: r'1rs. Strauser: Yes, but we questioned the fact and they said it would cost so much it would never be developed. We were also told at that time there were a lot of definitions of multi-family and there was a possibility that something else might built back there. That is something I would like for the City Council to consider, also, -and that is we are in dire need of a place for our children to play and this being a flood plain this would be a perfect place for a city park. We all pay our $0.50 a month on our water bills, we have a new library but we have no park to show. Is there any condition under which 'you would consider this in favor of having the apartments there, if for example, if there were no access to the apartments from Circle Drive and a site barring fence. I can only speak for myself, I would not. What would be your objection? Besides the added traffic flow to and from the school's in the mornings. Are you talking about traffic on Holiday Lane? From Holiday Lane down North Richland Blvd., down Susan Lee where every child has to go to get to school. The water and sewage problem we are not sure of. The added danger, I feel like, of that land back there being opened up without being developed for our children to ~ander down in there and us not knowing what is down there. If there was a creek down there it would be very easy for a child to get down in there and take us forever to find them. Are you under the impression we have no ambulance service? No, I called Glenview Hospital and was told the citizens of North Richland Hills used Turner and Mid-Cities. I then called them and they told me they were not in the city limits and they would refer all calls to the Fire Department. -".~ October 8, 1979 Page 12 Michener: Mrs. Strauser: r~i chener: Ca to : Mrs. Strauser: Cato: r~rs . Strauser: Cato: ~1rs . Strauser: Cato: ~1rs . Strauser: Ca to: Mrs. Strauser: You might be interested in knowing we operate our own ambulance service because of the service. We tried to rely on it, like Turner and the service was adequate. We have had very good service for the 1 as t year. Through the Fire Department? Yes. Let me add that this is not firemen playing ambulance. That is emergency medical technicans 24 hours a day. Do we only have one? We have one and work in conjunction with Bedford, Richland Hills and Watauga. We back them up and they back us up. We can have three ambulances on the scene within seven minutes. I talked to the Chamber Friday and they told me since we moved into this area we had approximately 15,000 residents in North Richland Hills and in a couple of years it will be up to 35,000, developing along those lines. As we have our Fire Department which it has taken us seven years to get one that we were in desperate need of. I don't really follow that, we have had a paid Fire Department since 1966. Yes, I realize that we have a Fire Department but, in one of the city's history books that is in our Library, it said one of the most important things to be taken care of in the near future was to get a Fire Department. But, if our lines work along and it takes seven years to get a Fire Department, will it also take us seven years to get another ambulance? It has not taken us seven years to get a Fire Department. A new one, we have one down on Blaney. You are talking about the Fire Hall. Yes. --:Þ. October 8, 1979 Page 13 Ca to : Mrs. Strauser: Ca to : Mrs. Strauser: Wood: Mrs. Strauser: Wood: Mrs. Strauser: ~-'> .'~-^ '--"-'-"--~_.~_.-._~--~._-~.~--"-~~,".,,---_.,-_.~._....------- October 8, 1979 Page 14 We have two Fire Halls, one on Main in Smithfield and one on Glenview. What you are talking about it the Fire Hall that is on the agenda tonight to be approved, the one on Davis Blvd. Which is the third Fire Hall. Incidentally, the construction cost on that are about twice what they were estimated eight months ago. We may need your heip in a Bond Issuse to get it paid for. When I was talking about Bond Issues, when I was talking to Dr. Gastwell at the Administration Office he said it would take a Bond Issue for us to get mew schools in this area, which could be sixty million plus. to accommodate fora 11 the ch il dren we have here. This is something you all need to consdier. You may not have children that go to our schools and would not benefit from it, but we do. Fortunately, or unfortunately, we do not have any control over the school system. They say they have to remain neutral. They have to educate children if they have to hang them on a nail. But we don't want our children like that. We want adequate schooling,we pay our taxes for that. Mrs. Strauser, other than your recommendation for a park, which would probably cost us a million dollars, do you have any other suggested use for the property? I, myself don't, maybe another resident would. The only other thing I see that would be feasible would be for the developer to come in and finish out our street and then open up with the apartements and multi-family where they have easy access from a main thoroughfare. We don't have anything through this area except North Richland Blvd., and Lola. One more, she brings a question. If you took the loop, as we see it on this plat, and reversed it so that it came off Holiday Lane, which would be progibitive in cost, swung it through the apartment complex and back to Holiday Lane. I really don't think that is a good suggestion because I don't think the developer right now wants to spend that money. I have been told that is the reason he is building here instead of there because he doesn't want to spend the money to do that, the flood plain work that is necessary there ~"', Delaine Gotcher: Gary Marphew: My name is Delaine Gotcher, I live at 7449 North Richland Blvd., my house sets where my driveway faces Circle Drive North. If these apartments are built there is going to be increased traffic whether there is a road built through to Holiday Lane or not. North Richland Blvd. is like a raceway right now. It is a wide street and has just been opened up to Davis Blvd. I have personally called and asked the Police Department to put up a radar trap, do anything. I am one of many people along this street who have little children; they do ride their bikes in the street and on the sideways they are going to play. It is dangerous. I don't want these apartments. I don't want the increased traffic. I don't want the increased danger for myself and my children. I have not done the research this other lady has done, but, I am telling you that I live there and I know what the traffic is like now. I know that it is going to increase should this happen. My name is Gary Marphew, I live at 7508 Circle Dirve, which is next door neighbors to this. I had some prepared remarks before I came up here, but something in the earlier discussion got my attention a great deal. I wonder how much acutal consideration was put in of the impact on this neighborhood was put into the planning by these people. When and if this is the night the final plat is approved to have to wait until tonight to make these additions to their plat proposal. All of the citizens here to night that live in the neighborhood would like to see this project totally eliminated. I think we might be fooling ourselves knowing thts is zoned multi-family thinking we could change the zoning. However, the platting issue is where we do have some say I believe. The main thing is that the City Council now has a chance to see what this neighborhood,'is faced with. It is faced with a real dilemma of which in turn you are facing. You have a problem on your hands because you are facing a bunch of voting citizen's who can control your future on the Council. This is no way intended as a threat. I have been on the spot too, I have been in the public service for about 10 years. I have seen this type of thing occur in the City of Hurst. My type of public service was not as important as being a Councilman. I was a police officer for several years. I think our neighborhood is going to have some real problems if these apartments are built. I have seen first hand, on the spot, no rumors or nothing, this was first hand news on what goes on in some of these apartments. I will tell you for sure I don't want my children or my neighbors children exposed to what goès on there. That is not to say that every person that lives in an apartment is going to be a crime problem. A October 8, 1979 Page 15 Ca to : Jesse Holmes: If that were the case I don't think we would allow apartments to built anywhere in the United States. Is there some alternative we as citizens can seek other than apartments? I like others can't speak for anyone else other than myself. I had much rather see a development where the individuals had some real stake in property such as townhouses. There is a great difference in a townhouse dweller than one that lives in an apartment. When you go out and put down cash for a house you are going to make sure that it is kept up and you are concerned with the neighborhood, with the actions in your city, with City Council meetings and the School Board. I have lived in apartments, I hope I didn't commit any crime while I was there, but you don't have the same affinity for the neighborhood when you live in apartment like you do when you have a real stake in in it. I think all of us do and we are interested in seeing that the City Council put as much thought into this that is absolutely possible. Realizing that we can't stop progress, it's here, it is going to continue. But we need some real control on this growth and the City Council should have the final say and being that you are our representatives I urge you to consider our feelings in this matter. I would like to make a statement to him to let him know the dilemma from our side. As I understand fro our City Attorney, neither you nor the City Council can initiate a re-zoning in that area. The fact that tt is zoned multi-family, it will stay multi-family until the owners request a re-zoning. The most either of us can hope for is some sort of neogiated compromise on the use of the land. So regardless of how it comes out tonight we can not arbitrarily re-zone it for you. My name is Jesse Holmes, I live at 5729 Carolyn Drive. As I see it the apartments will look over my back fence and I share the same thoughts and concerns as the previous people. Why did it get this far and the land owners there not know about it? We are very concerned about our community; that is the reason we bought there because it was a quiet neighborhood. We thought it was a good place to raise our children and later retire on. We have enjoyed this for some five years since we have lived there, since the development has been there. Again, I was informed, not offically, but we took it as good faith by the developer that developed that area, even though the property was zoned multi-family that the cost down there would be prohibitive and it was in a flood plain and something would have to be done about that creek before anything could be built to the west of our property line and we took that in good faith. -·s October 8, 1979 Page 16 October 8, 1979 Page 17 I would like to address a question at.this point, there is no answer for it at the present. The gentleman that spoke for the apartments spoke of the new things he was bringing up tonight and that was the street that was to go out to Holiday Lane. and he spoke of a culvert across the creek. Do you know the size of that creek and now much water flows through it sometime? You should be there sometime when it rains. I too have lived there, not in that immediate street for six years, but I have lived in the area since 1960 and we have seen some floods in that area. Again, we have gone through some drought periods where we have been severally restricted on our water usage and I am concerned about the sewer of that area; most of all the noise and especially the traffic conjestion. If any of you have driven down Holiday Lane at school time in the morning and tried to get by the school house and it has already been mentioned that since North Richland Blvd., has been opened up to Davis Blvd., and Davis is gòing to be torn up according to the State Highway and that is more traffic that is going to be thrown in there. What time are we going to have to get up to get to work to be at our jobs at 8:00 a.m.? Mostly I am concerned about the safety and cleanness of the neighborhood in which we live that we have learned to like, that we have lived since the âevelopment wàs there and principally the water and sewer. I would like to asked a few questions on the new proposals that were brought out tonight and that was the 30 foot barrier that would be between the apartments and the property that is already developed and the proposed fence. You mentioned the fence but you did not pin down in writing specifically what would be there. and the 30 feet what will that be used for? A trash dump, will that be wheretheir garabage cans are where the city's trucks will be coming through at four or five o'clock in the moring? That is in our back doors. We interested in what is going to be there. There are some other apartments in the neighborhood that we are familiar with, will the 30 feet be for the junk cars, or garages where the hot rodders out starting them up and hammering on them at two or three o'clock in the morning? I would just like to know some of these questions to find out what is it going to be in that 30 feet. Again let me mention this culvert he was talking about that is going to get the traffic across that street. I would invite the gentleman out to go swimming with me sometime when it is about 30 feet deep and 150 feet wide. -ir~) Jerry Ottinger: Mayor Faram: . John C. Mitchell: Keith Shuler: Mi 11 s: Ke it h Shuler: Phil Anderson: October 8, 1979 Page 18 Mayor Faram and member of the City Council I am Jerry Ottinger. I live at 7520 Circle Drive,since 1973. We purchased our home when we came into the military service here and we have chosen this site to retire and continue work in the community. I urge you to give serious consideration before you make your decision on this plat tonight. I urge you to vote aganist the building of these apartments. I further urge you to giuefurther consideration to making this a park for our children to play in. I support the others who have appeared tonight. That is all the forms to request to speak. Is there others who wish to speak? I am John Mitchell, I live at 7500 Susan Court, which is away from the area, but when the gentleman starting talking about luxury apartments he mentioned that a one bedroom apartment would rent for $273.00 per month. That does not sound like a luxury apartment to me. What I am concerned with, if these apartments are built what will the apartments offer the tenants in the way of luxury? Will they have carpets, dishwashers, fireplace, trash compactor, one bath, two baths, what will they offer? What type of people are we going to get in these apartments? I am Keith Shuler, 5805 Carolyn Drive. The question had been brought out about half-way. Two questions I want to ask. The man is talking about a sight barring fence. of six foot. I have a six foot fence and I can see Holiday Lane, it is not very sight barring. The second thing is he is talking about putting 104 apartments on 6.5 acres. If you calculate that out we are going to come close to 550 apartments. We are talking about 500 to 600 apartments with phase one, two and three, is that correct? It calculates out to be 680. Thank you very much. I am Phil Anderson, 5900 Fieldstone Court. There were several facts brought up as Mr.. Cato said there is nothing we can do about the fact it is zoned multi-family we can not that. But we do have a say so in the type of multi-family that is put there, at least I think we do , ' as earlier mentioned condominiums or parks or also have the developer put in more homes if that is at all possible.,,\ Mayor Faram: The cities of Hurst, and I work out at the airport, so I pass there everyday. The cities of Hurst, Bedford and Euless all have nice park areas and I think we are probably growing faster than those cities. We need a park probably as bad or worst than those cities do. We don't have one and I know myself because I have to go over there during the winter to play basketball. The kids have no place to go as far as recreation in our area so that is one answer for what we could do other than have these multi-family units, supposedly luxury apartments for $273.00 a month. Another thing I wanted to bring out and I may be wrong on this. A couple of years ago I applied for a variance in this city to have a fence put up at my home. At that time I found out that the Building Code said you could not build any closer than 25 foot from the curb or street. You could get a variance up to 15 feet from your present property or your home up to 10 feet from the curb. He mentioned putting the fence 30 feet back and they were doing us a favor by putting it 15 feet back. I don't know if it is different for multi-family but the houses it is 25 feet unless it has been changed. Also we have apartments up by Seven-Eleven I can't think of the name of the street. Hhenwe had water problems this past year as you all know we had, several of my neighbors, and the reason I didn't get one I happened not to get caught, were warned about watering their lawns after a certain hour. I have gone up on the same night and seen the apartments up there with their water going and it would be running down the street and nobody seemed to concerned about those. This is some of the disadvanages of having apartments. One more thing I wanted to bring out was the traffic conjestion which we have talked about this evening. This is something that has been sort of thorn in my back since I moved to this city,which I like very well. The'city has put up a four way stop sign on Susan Lee and we all know it was used to control the speed of traffic through Susan Lee. It was put up in such a manner that two of the stop signs are on dead end streets instead of moving it down one block where it would be two thoroughfares. That doesn't make sense. One other thing I would like to ask a question of the developer. Where I came from some seven or eight years ago, and I worked for one of the largest developers. How is a multi-unit so call~d luxury $273.00 a month an asset to this community? We are not going to let this get into a debate. October 8, 1979 Page 19 Cato: Mayor Faram: Ca to: Rex: Cato: Rex: Ca to: Rex: Mayor Faram: Rex: J'o~n Wise: ' .".~.~. --'_..-."-"-~'-'-<-".._-~._._-------_._-~------ Mayor, the City Attorney is fixing to leave, may I ask him a question before the next speaker? There are several questions I need to ask him. Rex, I would like to ask first, what would be the probable out come of denial of this plat approval without a viable alternative for that denial. I would assume they would appeal it to District Court. What would be the chance of his winning such a case in Di~trict Court. You have different problems in platting than you do zoning. If you had a zoning problem I could probably give you an assurance that we could uphold your decisiön~. On a platting problem I would not want to give you any 100% guarantee. Would our chances be better if we had a viable alternative to offer. Yes, if you can put this in a position for a definite period of time, if you can put a time frame on it, and you know it is going to come back up at a particular time by motion tonight and can work out some compromise I think we would be alright. Now the problem that these folks may as well understand from the day that thing hit êity Hall and got to the City Council if they don't turn it down tonight it is going to go into effect by . operational law or they can extend a period of time for some viable alternative that the Council is talking about. I wanted to know your opinion on defending that in Court. If we had a zoning case tonight I think I could uphold the Council by turning down the zoning. You don't have a zoning case, this it already zoned. My name is John Wise and I live at 5713 Carolyn. Just like one of the previous speakers, my back fence is going to look at the back side of these apartments. What I have is basically in the form of a request. It appears that we have several rather large questions that I don't think have been analyzed from an engineering standpoint. One, the effect of the drainage these 680 apartments will cause downstream. The impact of 680 apartments and all those people) ~:~ October 8, 1979 Page 20 Rev. Bert Homer: Tom ~100re : even at 1.1 that is over 600 new students in the school system. Supposedly it was checked and it could handle 100. Could it handle 700? I don It think they can. Traffic, the traffic on Holiday Lane is already getting bad. You have a thousand homes that are going to empty out on Holiday Lane that are under construction already. Now 680 more apartments which are also going to dump out on to Holiday Lane. Holiday Lane is going to be ten times worse than Davis Blvd. Also water, we all know how much water rationing we have had in the past years, with this additional, it seems like we have had too much growth for the water problems we have been having. People in apartments don't care. We can't water. our lawns but they can do what they want to as far as water because you have no control over them. Basically what I am requesting is that you defer action on this until these problems can be directly addressed, analyzed, studied and a:good solution worked out. If for some reason this can't be done, then an alternative is to change it away from apartments to less density to townhouses or condominiums or better yet make a park out of it. I am Rev. Bert J. Homer and I live at 7520 Terry Court. I have lived there for ten years. We own our home and are grateful. One little minor problem,that we have, the city has taxed us for sidewalks for the school children going to the school and there has been a lot more children coming up in that direction this year than ever before. There would be a lot more children, put some undesirable with this many apartments. I personally highly oppose something like that. I wonder it there might be some kind of an alternative. In Oklahoma City we moved my mother an elderly woman, into a elderly senior citizens home just recently. It is a wonderful place.. I thought you might consider a home for the senior citizens. That would also take care of the children problem of increased children with the apartments. I am personally opposed to any more apartments in this area. My name is Tom Moore and I live at 7524 Fieldstone Drive. I have lived in the North Richland Hills Smithfield area since 1959. I have seen it go from nice quiet spot in the road to a modern city. I am more concerned about the children that is going to be involved more than anyone else. We are talking about adding 100 students to Holiday Heights School. With the present density fòr 6.5 acres and then a potential of 680 apartments with approximately 700 children, ,a viable alternative to the present platting is not simply routing the traffic through and back out to Holiday Lane bec~use all those students, if they are grade school stádents, have to go to Holiday Heights. October 8, 1979 Page 21 J.V. Landuem: Bi 11 Himes: Charles B. Dukes: There are only two streets into it, North Richland Blvd., and Lola. Rerouting the traffic through that area in a big horseshoe didn't resolve the traffic problem back in through the neighborhood. Itiis going to be disrupted' by this development. That is one of the problems. $273.00 a month really does not classify as a luxury type apartment. I am in the building business, have built apartments. I built luxury apartments none of which you could rent when they were built for $273.00,and that has been over 15 years ago since I built any apartments. One other question I would like to have answered. What type of funding is involved in this? Are we talking about Federal assisted program of funding for low income type housing or conventional mortgage funding? Will we have some Federal mandatéd program for occupancy? Thirdly, we realize it is presently zoned multi-family, why could not the city start a condemnation suit, convert it to park land and charge the residents of the area that is affected a comfortable price to 'put in a park. We don't have one. ~1y name is Veron Landuem and I live at 7540 Jean Anne Drive. I am a contractor also. I believe it was" two years ago we had a water problem up in our area. We were to build a water line to take c~re of the residents. Now we have water. The City of North Richland Hills says they will not let builders build except what they can take care of. Are we saying we can take care of the 1,000 homes already built plus these apartments with just the one water line completed less than two years ago. I am Bill Himes, 7333 Maple Drive. I live out of that particular area but as you know I have to travel down Holiday Lane to get to whereever I need to go. The question I have is, the item on the agenda says this:qs the final plat. When was this thing originated and why_weren't the people informed or were they informed as to the beginning of this? He 'had on.ly two days to come up with some argument against it. October 8, 1979 Page 22 I am Charles Duke and I live at 7561 Fieldstone Drive. It occurs to me we are between a rock and a hard place because this is already zoned mullti-family. We are not questioning the zoning and can't question the zoning. The question arises what can be done to make this unfeasible. We have a severe water problem. Since we are studying the, plat I assume no building permits have been issued. Although we can't go back and change zoning laws they started thiswHh existing zoning laws. Since no buil~ing permits have been issued it seems to me it may be entirely feasible to change the city statutes to require the builder to provide for the city a water system sufficent to support the apartments prior to building the apartments. '"".j, Mayor Faram: ~1i chener: Wood: Mayor Faram: Cato: ~1ayor Fa ram: Cato: This might make the thing unfeasible and make it a little more meaningful and willing, with some compromise we might come up with. We are on item 7, we do not have a moti on. ït.e chair will now entertain a motion as to the disposition of PS 79-69. I move that we deny PS 79-69. I second. Is there discussion? Mayor do you want to answer any of the questions that have come up to night on, specifically on notification, water and park assessments and etc~ I think that these people have some questions that deserve an answer. Go ahead and pursue whatever you have written down there and we will all get them together and see if we can give them a decent answer. I tried to keep tract of some of the major questions. On the subject of notification, when the zoning first occured in 1968 everyone within 200 feet was notified by certified mail. The requirements of the State Law are that everyone within 200 feet of proposed re-zoning be >ndtHied by certified mail. In addition, 25 days prior to the hearing before the Planning and Zoning Commission it is placed in the newspaper of Public Record which is the Star Telegram. This portion also holds true for plats. This appeared in th,~/~tar Telegram 15 days prior to the hearing by Planning and Zoning and then 7 days before this Council meeting. It is also posted on the bulletin board here in City Hall, which happens with all zoning cases or platting. We do have a policy that signs are put on property that is a prospective re-zonling. We do not have one that requires platting notification by 'a on the property. Maybe that wou 1 d be an advantage to you, I don't know. There is no attempt to make the plats secret and the zoning is not secret. There is no requirement that the city expend funds to notify those within 200 feet. On the subject of park assessments;, number- one, I wish the Attorney was present, but as I understand it assessments for park construction are not legal. It would have 'to be a Bond Issue for the whole city. Secondly, the probable cost of the 36 acres you are talking about $360,000.00 to purchase the property. -,;,\ October 8, 1979 Page 23 Jim Anderson: Cato: Mayor Faram: Mayor Faram: On the subject of water, which came up many times. We have had a problem with water and we dealt with, the problem with water by instituting two new 2.0 MG water containers. One is presently under construction the other one just recently completed. We have a new water source coming into the city in 1981. Unti1 such time as that is available and on line in 1981 we have limited the number of building permits that we will allow to be issued within the city. I believe on apartments it is 100 units. 100 units between now and the time the tank is complete and then another 100 between then and the time that the TRA line is in service. Approximately 100 total apartment units in North Richland Hills that could get building permits between now and the summer next year, which is when the 2.0 MGtank is supposed to be co~pleted. An additional 100 in the entire city until the summer of 1981 which is when the TRA line has been promised. However, after that tlme we have been told by the Engineering Firm that is our ultimate water source and it would be thrown open to all of the then platted apartments. They could build what they wanted to. As far as the fence is concerned we did dicusss the possibility of the sight barring fence and the addition of that to the plat. I wi 11 as k you, Mr. Hedgcoth, in a few moments wha t you intend to do with the 30 foot space. I now relinquish the floor to someone else who might add to these comments. The question was asked on federal funding. To my knowledge there is no federal funding on any housing in this city. We are in somewhat of a precarious position with HUD on some of our zoning to try and limit density. They have been holding the hammer over our head on future funding. You have addressed the water situation. I would like to ask a question here and this is a departure from the Rules of the Council, but I will take this chance of being out of order anyway. We have so many people here interested in a park program. How many would be interested in helping pass a program? This city does not have the funds to do it now. The"~nly method we could acquire any land or get any future street construction October 8, 1979 Page 24 and I have been told by some of our community leaders that it would be diffcult to pass a Bond Program right now. How many of you feel that it could be done? Undentified Citizen: Would it be in the area of Circle Drive? Mayor Faram: How are we going to say we are going to build a park in that location and leave other areas out? It would have to be on a priority basis. If you are able to ask for funding the city would only be able, under the current tax' structure and taxable inventories to ask for a limited amount of money. So we would have to set these up at a priority program. I don't know if this would be the highest priority. So if we got it in to nei~hborhoodbattles one against the other, that kind of a thing could fail. Whatever we do we have to do it on a fair and equitable basis. If that land could be purchased and it went to the top of the priority list, take that hypothetically. How many would go for this thing? Let me ask you one question. If we asked for a Bond Issue and that didn't-tome to the top of the priority list, how many would still support that Bond Program? Very little response. Undentified Citizen: Why can not Dr. Pentcost, or the gentleman that owns it, the land be appraised and he be approached for a tax write off. Mayor Faram: You might very well approach him for a tax wri te ofL I have no idea how much the land is worth and whether it would be of value to him as a tax write off, if he is indeed the owner. Let me tell you this, under condemnation we tried to buy a tank site in Watauga high on a hill out there and the Court set the price at $45,000. So it is not real easy to condemn land. Wood: I just made a comment to the City Manager, due to his previous experience, I. said, well, I wonder if the people could get together and start a fund drive. He said he had never seen a free fund drive successful yet. ',\ ----,..."..._'-'-'-'-'~"-------.- October 8 , 1979 Page 25 Ca to: Ea rnes t Hedgcoth: October 8, 1979 Page 26 I think to ask a man to give a $136,000.00 or $150,000.00 gift to the city is pretty hard to do in todays market and real world. I agree I would give anything in the world if we could get a Bond Issue and getting it approved. Like you say we can't go buy a piece of property for a neighborhood without jeopardizing. Have you ever seen Glennann Additon? They want a park too. Next thing you know we would have every major subdivision wanting a park. If there was a way to buy it I think it would be a good thing to do. I think we are going to have to find some solution, we are more than likely end up in court and we will just have to see the way the District Court looks at it. Mr. Hedgcoth, there is obviously a great deal of concern over the traffic situation to be generated by the apartments. I wonder if you had any feel for the owners receotability-to decreasing the density factor for 19.4 allowable. No sir, I don't have any feel for it. But as as it has been brought nout quite plainly the cost of developing the property is already in quire excess. We plan to spend 2.3 million in this phase. It is private funded money we have not approached any Federal funded agency at this time. If we lose tonight I cannot say what the owner mi ght chose to do. If I might address one other question concerning the creek and the children playing there. I don't know if the lady has observed the creek as it is at the present time. We plan to improve the channel cut down the trees, the trash that is there now and the water that is there at the present time is ;stagnated because of the detrition of the flow. We plan to do away with this and stop the stagnation that is there due to the lack of city funds to keep the thing clean. As far as safety to the children, we feel it will be an increased safety factor. I have been on the property, I know that the children do use it. There is a pond in one area that is about four to five feet deep. I am sure there is some stagnate areas all up and down there which we intend to clean up. We will improve the area. Someone asked about improving the area, well 2.3 million dollars in taxes will definitely help the ci ty. -;,~, Cato: Earnest Hedgcoth: . October 8, 1979 Page 27 Also there has been some comment about the flow in the creek. I do know that there is 3,700 CFS that flows through that creek in a 100 year strom. We propose, now where the water goes all the way through to Holiday Lane up to this ladys house we propose to channelize that to help keep the water within its bounds. As far as the culvert, we plan to put in three 10X8 barrels either box culvert or a super span armco steel pipe. As far as the late notifications, I bring it to your attention we have met all the city requirements and our alternative we have presented here tonight was not necessary. We have a letter saying we have met the zoning requirements. Engineering wise it is satisfactory. I have a letter that says that. It is not a requirement for us to build this street to Holiday Lane. We are doing this an alternative and as help to the city in order to relieve the traffic flow. As far as the 680 apartments, I am afraid that is quire exaggerated. The channel itself takes up about five acres with the design that we have. The road will take up another three to five acres. There is no way we could build 680 apartments. It is not the intent of my client to develop this into 680 apartments. We do intend to probably _ put altocal Retail along H91iday L9-ne. At this time we have no plans for over there. We are trying to develop this first phase and be cooperative. As far as the rent price, if these people like it we would be glad to raise the rent. If they are offended at $273.00 we will make it $500.00. We a re very agreeab 1 e to the rent ra i se. " As far as the fifteen foot, that is going to be a landscaped area. I believe you mentioned 30 feet displacement to the ea st. Yes sir, the gentlemen that was concerned about the 25 foot building line, that is along Circle Drive we do have a 25 foot building line. The 15 feet we are talking about is the back yard, what would be considered a back yard had we had a residential zoning. -,i'\ Cato: Hi 11 s: Reeder: Mayor Faram: We have a 25 foot building line along Circle Drive and all the apartments will be 25 foot, which is in accordance with city specifications. The 15 foot is an easement line and the additional 15 foot will be 30 foot away from the property and a landscaped area like most front yards. Mayor if I may, I would just like to say with the more dense zoning that we have in the northwestern part of the city, a mile or so north and west to their present location and the proximity of the apartment complex to both the high school, grade schools and the fact that it is on a secondary collector street, not a major thoroughfare, I believe that the 19.4 density is probably inappropriate density for this particular location. The only way I would consider it is if they come down on their density factor. I think I would like to say that I am not in favor of the plat and the reason I am not is that I think it is a disruption to the community to go in that particular area and put apartments. Just by its very nature it has grown to be single:. family dwellings. Just from a standpoint of community cohesion or whatever you want to call it~should stay at single family dwellings. Now by the vote I don't know what is going to happen to us later on. We may have to come to the point to where we will have some negotiated kind of settlement because I am not sure the city can take on the burden of trying to step in and develop that as a park. I personally think that is the best use of the land to go ahead and put it in park area, but, there is a long way to go before we could reach that pòint because it is so costly. I am not sure we are going to have the money even with a bond issue. I think there is several unanswered questions that someone has pointed out already. We don't know what the impact on additional traffic would be, we don't know what the impact on drainage would be as a result of this development. I think in the best interest of the city we should go ahead and vote to deny it and we will see what happens from there. I certainly agree \'lith Mr. Mills, but'l;n the same breath, Local Retail across the street is not good either. If you are worried about this you have another problem coming. Is that all the discussion? Alright the motion is to deny this plat and it has been seconded. All those in favor of this mction let it be known by the usual voting sign. Motion carried 5-0. . October 8, 1979 Page 28 October 8, 1979 Page 29 Mayor Faram called a ten minute recess. Mayor Faram called the meeting back to order. The same Council Members and Staff, with the exception of the City Attorney, were present as recorded at the beginning of the meeting. 8. Councilman Mills moved seconded by Councilman Wood, to reconsider PA 79-69 & PS 79-58, at a special meeting October 23, 1979. Motion carried 5-0. 9. City Manager Paul stated this was an item Councilman Cato had requested because an itemized statement would be sent. Councilman Mills moved, seconded by Councilman Michener, to authorize the City Manager to apply for an American Express Card; signatures to be limited to the City Manager. Mayor Faram stated the card was sometime used by employees when attending schools and meetings. Counci lman Wood stated the City r~anager. coul d desi gnate a representativé to use the card if for some reason they needed the card. Councilman Michener stated he had rather it be the City Manager only. Motion to approve carried 5-0. 10. Mrs. Arnold Williams appeared before the Council. Mrs. Williams stated she thought all she had to do was get a building permit. Mrs. Williams stated she bought a home to go on one acre of her property. Mrs. Williams stated she had ~ 1/2 acres of property that has a house on it now but only has a small bedroom. Mrs. Williams stated she bought a two bedroom home to connect to the one bedroom. Mrs. Williams stated she thought all she needed was a bui'ding permit. Mrs. Williams stated her house was setting on wheels now. She was trying to get an emergency plat. Mayor Faram asked Mrs. Williams if she was willing to go ahead with the platting, and if this just happened to be an emercency. Mrs. Williams stated she wanted the platting. Mayor Faram asked Mrs. Williams if she had agreed to signa convenant and post a cash bond to guarantee she would complete the platting process. Mrs. Williams stated she had agreed to all requirements. She wanted the property pla~~ed. RECESS BACK TO ORDER POSSIBLE RECONSI- DERATION OF PZ 79- 69 & PS 79-58 CONSIDERATION OF RESOLUTION AUTH- ORIZING THE CITY MANAGER TO APPLY FOR AMERICAN EXPRESS CREDIT CARD FOR CITY USE APPROVED RESOLUTION NO.79-2< CITIZEN REQUEST, MRS. ARNOLD F. WILLIAMS REQUESTINI A VARIANCE FROM PtATTING REQUIR- EMENTS FOR BUILDIN( PERMIT APPROVED October 8, 1979 Page 30 Councilman Mills asked if Mrs. Williams would pay the pro-rata share for water and sewer. Mr. Anderson stated the property was presently being served with water and sewer. Mr. Anderson stated Mrs. Williams had agreed to meet all city requirements. Councilman Mills moved, seconded by Councilman Wood, that the Council authorize the City Staff to issue a building permit for this particular piece of property subject to the provisions of a cash bond and convenant to complete the platting. Motion carried 5-0. 11. Councilman Cato moved, seconded by Councilman Michener, to authorize the Staff to continue negotiations with Haltom City. Motion carried 4-1; Councilmen Wood, Michener, Cato and Councilwoman Reeder voting for; Councilman Mills against. CONSIDERATION OF REALIGNMENT OF BOUNDARY BETWEEN HALTOM CITY AND NORTH RICHLAND HILLS CONSIDERATION OF BIDS FOR CITY SEDANS AND AUTHORIZATION TO PURCHASE APPROVED ì2. Chief Williams appeared before the Council. ;~ief Williams stated bids were taken on October 3, 1979, for seven vehicles. Chief Williams stated twenty-two invitations to bid were sent to various companies and only five bids were received. Chief Williams quoted the following bids: Ted Arendale Ford bid for two 1979 vehicles with 6-8 weeks delivery. Total bid of $13,341.46, specifications not met without special order; Hudiburg Chevy City bid for one 1979 vehicle immediate delivery, specifications not met without special order, total bid $6,281.00, bid on 1980 vehicles $50,293.00 delivery date 120 days; Kircher Pontiac bid for seven 1979 vehicles, immediate delivery, total bid $43,745.00, specifications not met without special order; Sam Lingard Ford, seven 1980 vehicles, delivery 42-60 days, total bid $47,280.90, specifications not met; Texas Motors Inc., seven 1980 vehicles, delivery date 10-12 weeks, specifications not met. Chief Williams stated he recommended the bid of Kircher Pontiac. Councilman Cato asked how much was budgeted for the cars. Mr. Paul stated $42,000.00 was budgeted in the Police Department. budget and $6,100.00 was budgeted in the Fire Prevention budget. Councilman Mills asked Chief Williams if the specifications not being met would be a problem. Chief Williams stated it would be no problem. +jIr':.. Councilman Cato asked if the cars met the specffications on the city's color. Chief Williams stated the color was optional. Councilman Cato stated he objected to not havtrig city colors. Councilman Cato stated he felt the Council should require the cars to be the çity color and the signs put on. Councilman Cato stated he insisted the cars be the city colors. Mayor Faram stated he 'was opposed to the cars being painted. It was too expensive and the signs could be put back on. Councilman Cato moved, seconded by Councilman Michener, to accept the bid of Kircher Pontiac in the amount of $43,745.00, require the four medium size cars to be painted the city's color, not to exceed $48,000. Chief Hilliams . requested that the car for the Fire Department not be painted brown and one car for CID not be brown. Councilman Wood stated he did not feel the cars should be re-painted. Councilman Michener stated he agreed with Councilman Cato. Councilman Michener stated he liked the idea of all the cars being the same color. Motion carried 3-2; Councilmen Cato, Michener and Councilwoman Reeder voting for; Councilmen Mills and Wood voting against. After discussion, Councilman Michener moved, seconded by Councilman Cato to re-consider item 12. Motion carried 5-0. Councilman Cato asked Chief Williams what kind of car he had in CID at this time. Chief Williams stated he had a green pontiac with 80,000 miles on it. Councilman Cato moved, seconded by Councilman Michener, to approve the bid of Kircher Pontiac, two of the four medium size cars to be painted city çolors, two optional, one for the Fire Department and one for CID, total not to exceed $48,000. Motion carried 4-1; Councilmen Cato, Mills, Michener and Councilwoman Reeder voting for; Councilman Wood voting against. -.' October 8, 1979 Page 31 13. Councilman Mills moved, seconded by Councilman Michener, to postpone action on this item until the next Council meeting. . Motion carried 5-0. 14. Mr. Anderson stated $30,000.00 had be~n approved for the traffic light and sidewalk on Rufe Snow Dr~ve. Mayor Faram recognized four students from North Richland High School: Kenny Smith Janie Bailey Tracy Bing Ken Pa terson Councilman Mills asked if the traffic light would exceed the amount budgeted. City Manager Paul stated part of the funds had been spent, $20,000.00 for the sidewalk on Rufe Snow leaving a total of $10,000.00 for the light. Councilman Mills moved, seconded by Councilwoman Reeder, to approve the specifications and authorizing the letting of bids. Councilman Mills asked where the light would be )ocated. Mr. Anderson stated the light would be located on Rufe Snow mid block betw~en Shuana and the front door of the school. ~10tion to approve-:carried 5-0. 15. Mr. Dennis Horvath, Director of Parks and Recreation, appeared before the Council. Mr. Horvath stated the Council had approved the janitoriai contract. on September 24, 1979, wi th Gypsy.- Mr. Horvath stated he was contacted byMr~ Acevedo and was advised Gypsy would be unable to fulfill the contract. Mr. Horvath stated he recommended the bid of Nesbitt. Mr. Horvath stated Nesbitt was '. not the next low bidder. Sanitor!s Southwest Inc., was the low bidder but their office wa$ out of the State. Mr. Horvath stated he felt the city would get better service from Nesbitt because it was a locally owned and operated company. Nesbitt's bid was $715.00 per month. ~;,.. October 8, 1979 Page 32- CONSIDERATION OF BIDS FOR CONSTRU- CTION OF CENTRAL FIRE STATION POSTPONED CONSIDERATION OF OF SPECIFICATIONS AND AUTHORIZATIO'¡ TO GO OUT FOR BIJ. FOR TRAFFIC SIGN.\ F,OR RUFE SNOW AT JR. HIGH APPROVED RECONSIDERATION 0 BIDS FOR JANITORI CûNTRACT FOR : MUNICIPAL COMPEX APPROVED Mr. Horvath stated he had checked all references and all were ok. Councilman Mills asked if Nesbitt had a bond. Mr. Horvath stated no they had $500,000 bodily lnJury, $ 75,000 property damage and $100,000 workers compensation. Councilman Mills asked what Cyclo's bid was. Mr. Horvath stated he thought the bid was $1,143.00 a month. Councilwoman Reeder moved, seconded by Councilman Michener, to approve the bid of Nesbitt Building Maintenance Company. Motion carried 5-0. 16. Councilman Michener moved, seconded by Councilwoman Reeder, to authorize payment to Atkins Brothers Equipment Company in the amout of $17,361.45. Motion carried 5-0. 17. Councilman Michener moved, seconded by Councilman Mills, to authorize payment to Universal Tank and Iron Works in the amount of $420,873.30. Councilman Mills asked if the contractor was on schedule. Mr. Albin stated almost on schedule. He did not feel the tank would be completed on time. It would probably be finished in May, 1980. Motion to approve carried 5-0. 18. ~layor Faram advi sed [he had been in City Hall and found the Council meeting time had been changed. This change needed to be done in open session. City Manager Paul stated he had changed the time of the meeting because more time was needed. Councilman Michener moved, seconded by Councilman Wood, to approve changing the meeting time to 7:00 p.m. Motion carried 3-2; Councilmen Michener, Wood and Mills voting for; Councilman Cato and Councilwoman Reeder voting aganist. ""':\ October 8, 1979 Page 33 AUTHORIZATION TO PAY ATKINS BROTHERS EQUIPMENT CO., INC., $17,361.45 FOR UTILITY ADJUST- MENTs ON DAVIS BLVD. (ESTIMATE NO.3) APPROVED AUTHORIZATION TO PAY UNIVERSAL TANK & IRON WORKS, INC. ~ $420,873.30 FOR 2.0 MG ELEVATED TANK ON BURSEY ROAD (ESTIMATE NO. 2) APPROVED CONSIDERATION OF MEETING TIME CHANGE FOR CITY COUNCIL MEETING FOR THE WINTER MONTHS APPROVED October 8, 1979 Pa ge 34 19. Mayor Faram adjourned the meeting of October 8, 1979. ADJOURNMENT Councilman Wood stated he would like to discuss item 16 pertaining to change orders. Councilman Wood stated he did not feel a change order shoul.d be signed without going to the Council. After discussion, Mayor Faram advised the Staff from this date on the Council would approve change orders. Mr. Anderson asked the Council to place an amount on the change order because sometimes it was small and could hold the contractor on the job up. Mayor Faram stated the Staff would be allowed to sign emergency change orders. /Ât~ Di~ Fàram - Mayor ATTEST: .~