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HomeMy WebLinkAboutCC 1978-05-22 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, MAY 22, 1978 - 7:30 P.M. Mayor Faram called the meeting to order May 22, 1978~ at 7:30 p.m. PRESENT: Mayor Councilmen CALL TO ORDER ROLL CALL Councilwoman STAFF PRESENT: City Manager Ci ty Secretary City Engi neer Director Public Works Acting City Attorney Dick Faram Denver Mills Jim Wood John Michener Sidney Cavanaugh Dave Freeman Lena Mae Reeder M. E. Riddle Jeanette Moore Dick Perkins Ray H. Britton Glen Eckman BOARD OF ADJUSTMENT MEMBER: Jo Ann Wi 11 i ams ABSENT: Mayor Pro Tern Cíty Attorney James F. Cato Rex McEntire Mayor Faram"announced that the City Judge H. Edward Johnson, had succumbed May, 21~ 1978. INVOCATION APPROVAL OF MINUTES The invocation was given by Councilman Michener. Approval of Minutes of the May 8, 1978, meeting Councilman Mills moved~ seconded by Councilman Cavanaugh, to approve the minutes of the May 8, 1978, meeting. Councilman Mills stated that on page fourteen the minutes should read; to approve Rady and Associates to apply for Park Grant, cost of $2,200.00 and approve the City Engineer to do a Master Plan on all parks, not to exceed $7,500. AWARD PRESENTATION Motion to approve as correcte~ carried 6-0. Presentation of employee service pins Mayor Faram called for Mrs. Paula Gifford, of the Utility Department to come forward. May ll, lYIB Page 2 Mayor Faram, on behalf of the City, presented Mrs. Gifford with a certificate and service pin for ten years of service with the City. Mayor Faram called for Mr. Ray Britton, Public Works Department, to come forward. Mayor Faram, on behalf of the City, presented Mr. Britton with a certificate and service pin for five years of service with the City. CITIZEN REQUEST Mayor Faram called for Mr. John Moody, Utility Department, to come forward. Mayor Faram, on behalf of the City, presented Mr. Moody with a certificate and service pin for five years of servi ce with the Ci ty. Mayor Faram called for Mrs. Pauline Spain, Public Works Department, to come forward. Mayor Faram, on behalf of the City, presented Mrs. Spain with a certificate and service pin for five years of service with the City. Citizen Request, Mr. Donald Joe Colley requesting reimbursement for replacement of a sewer line Mayor Faram called for anyone present wishing to speak for this case to please come forward. There was no one present to represent this case. Councilman Mills moved to have this item placed at the end of the agenda. Motion carried 6-0. PLANNING AND ZONING Planning and,Zoning, PZ 78-20, request of Donna Smith, Wayne Goodman, Janet W. Spencer and G. P. Macateé to rezone Lots 3R~ 4R~ 5R, 6R, and 7R, Block 29, and Lots 13R, 14R, and 15R, Block 28, Richland Terrace Addition from 1F-9 One Family Dwelling to 2F-9 Two Family Dwelling Mayor Faram opened the Public Hearing and called for anyone present wishing tö speak for this case to please come forward. Mr. George Staples, Attorney, Hurst,Texas, appearec before the Council to represent this case. Mr. Staples advised the Council the property in question was located adjacent to the service road of Loop 820 and it intersects between Holiday Lane and Cummings along the south side of Loop 820. The property is one lot deep all along the service road. The property is fairly level and is presently zoned IF-g. May 22, 1978 Page 3 Mr. Staples asked Mr. Britton to confirm what the present square footage requirements were for IF-9 zoning. Mr. Britton stated that under the present Zoning Ordinance, anything down thru 1300 square feet of living area. In 1972 the requirement was 1200 square feet of living area. Mr. Staples advised the area in question is presently zoned for houses as small as 1300 square feet of living area, his clients are requesting duplex zoning. Mr. Staples stated this was not the first time this property had been presented to the Co unci 1 for rezon i ng. The applicant~s have tried a number of times to get the property rezoned and have always been denied. Mr. Staples stated the applicant's have owned the property for about ten years and have tried to sell it, it is not usable for single family purposes. Mr. Staples advised the Council the owners could not make use of this property the way it is presently zoned. Mr. Staples stated it would not be econimical to build a 1300 square foot house at this location, sell it and recover the cost, even if the lots were to sell substantially below what any other lot in the city would sell for. Mr. Staples advised the Council that Mr. Lutz, an appraiser, was present and would tell the Council something about the property, how it is appraised and what the highest and best use for the property would be. Also, if it had any useability for single famiiy houses. Mr. Staples stated that Mr. Nesbit, representing the purchaser, was going to show slides of what the duplexes would look like that are premitted under the present Zoning Ordinance. Mr. Staples asked Mr. Britton to state the minimum size ~equired for a duplex. Mr. Britton stated the minimum size was 1000 square feet of living area per side. Mr. Staples stated the Planning and Zoning Commission had recommended the Council approve this zoning request with the stipulation of 1200 square feet of living area. Mr. Staples stated he felt this type of condition would be spot zoning. Mr. Staples advised he felt there" was a market for duplexes in the area for ' 1000 square feet per side. May 22, 1978 Page 4 Mr. Staples stated they had no objections to putting up screening fences, the fences would be needed to shield the duplexes from the residential property. Mr. Staples advised that all of the duplexes would open out on to the street, this was another reason he felt the lots were unsuitable for single family residents. Mr. Staples advised the Council he would like to ask questions of Mr. Lutz at this time. Mr. John Lutz, appeared before the Council. Mr. Lutz advised the Council he had been active in real estate since 1952. He is a Professional qppraiser, member of the National Association of Realtors, Fort Worth Board of Realtors and Independent Fee Appraisers of the~American Institute of Appraisers. Mr. Lutz stated he was also an active RealEstate Broker. Mr. Lutz stated he had been asked to make a review of the property in question and let the owners know what he thought the property could best be used for. Mr. Lutz advised that when you look at the property you have to consider its legal and economical use. Mr. Lutz stated the way the property is situated, facing the service road~ it is his opinion that it somewhat negates it as a single family resident site. Mr. Lutz stated you could not find people willing to invest the kind of money that it takes today to put in this kind of property. Mr. Lutz stated he felt, judging from a zoning standpoint, the best use would be for duplexes. Mr. Lutz advised that as a single family dwelling you could not sell the public on the size and the price you would have to build to warrant the monies invested. Mr. Lutz stated that as duplexes people are somewhat willing to live in the confine of their own building. Mr. Lutz stated that instead of being homeowners, constantly seeking to upgrade their property, they look to the property owner to do a lot of services for them and as ð result are willing to pay for good nice housing. Mr. Lutz advised the location of this property offers close proximity to most of the city services, shopping centers, schools and easy access to all the major metropolitan areas. Mr. Lutz advised this would draw a good quality tenant. Mr. Lutz stated it was his opinion that a quality duplex placed on these sites would upgrade the lots tremendously. May 22, 1978 Page 5 Mr. Staples asked Mr. Lutz what kind of houses were in the neighborhood, and what he would contemplate the rent on duplexes 1100 to 1200 square feet to be. Mr. Lutz replied the houses in the immediate area are ranging between 1700 to 2300 square feet. The adverage being in the neighborhood of 1800 square feet. Mr. Lutz advised the duplexes would rent for approximately $450.00 to $500.00 per side. Mr. Staples called for Mrs. Donna Smith, owner of the property, to come forward. Mr. Staples asked Mrs. Smith how long she had owned the property. Mrs. Smith replied since 1965. Mr. Staples asked Mrs. Smith how long she had been trying to sell the property. Mrs. Smith replied she had been trying to sell since she had bought it. Mr. Staples asked Mrs. Smith if she had ever had any offers for the property as single family property. Mrs. Smith stated she has never received any offers from anyone. Mr. Staples asked Mrs. Smith if she has the property under contract now. Mrs. Smith replied that she did, but it would depend on the approval of the zoning change. Mr. Staples advised the Council that Mr. Nesbit representing the purchasers of the property, had some slides to show the Council of some typical duplexes. Councilman Cavanaugh asked if the duplexes he was going to show were the proposed duplexes for North Richland Hills. Mr. Staples replied there was no plan at this time because of the limitations the Planning and Zoning Commission put on the property. Mr. Staples stated it would be impossible to d sign them without knowing what the minimum square footage would be. The slides Mr. Nesbit was proposing, to show. would be typical duplexes being bUllt in the HEB/NRH area and various sizes to let # May 22, 1978 Page 6 the Council know what they look like. Mr. Nesblt presented the slides. Mr. Staples advised the Council he would like for them to take notice of how shallow the lots were. Mr. Staples stated that was one of the reasons he felt it was not suitable single family residents. Councilman Freeman stated they had been shown a lot of duplexes. Could Mr. Nesbit show the Council one typical of the duplexes they plan to build in North Richland Hills. Mr. Nesbit showed a slide of a duplex located on Mary Drive. Councilman Freeman asked how many square feet was in the duplex. Mr. Nesbit replied about 1000 square feet. Councilman Cavanaugh stated that some of the slides showed sidewalks and some did not. Councilman Cavanaugh asked if they were proposing sidewalks for the entire lots that they wanted to build in North Richland Hills. Mr. Nesbit replied he did not know at this time. Councilman Cavanaugh asked if all the duplexes would have front entrances. Mr. Nebsit replied all the duplexes would have front entrances. Councilman Wood asked Mr. Lutz if he made any appraisals for mortgage lenders. Mr. Lutz replied that he did. Councilman Wood asked Mr. Lutz if he were to make an appraisal on a house behind this property and all the lots had 2000 square feet duplexes on them, :how would he depreciate the houses due to having duplexes behind them. Mr. Lutz stated he would depreciate the houses 3%. Mr. Staples asked Mr. Lutz if the lots were left vacant., how much would he depreciate the houses. Mr. Lutz replied 5% to 7%. May 22, 1978 Page 7 Mr. Staples asked Mr. Lutz if a 1300 square foot house was built on the lots, what would the depreciation be on the houses already built. Mr. Lutz replied it would not be economical to build a 1300 square foot house. Councilman Mills asked Mr. Lutz why it would not be economical to build 1300 square foot houses on this property. Mr. Lutz stated you would have to get so much money for each one of the lots when you sold them. If you have 1300 square foot houses) by the time the house is built, at roughly $20.00 a square foot, you have already invested $26,000. To make the property pay for the cost of developmen you have to get $10,000.00 to $12,000.00 per lot, then the value of the property is around $38,000.00 for a 1300 square foot house. Mr. Lutz stated he did not feel the houses would sell. Councilman Mills asked Mr. Staples if he had met with the property owners in the area. Mr. Staples replied they had met with some of the property owners and they wanted the property left vacant. Councilman Mills stated he had talked with some of the property owners and häd asked them if. they had a fairly certain idea on what was going to happen to the property,i fit was zoned for dup 1 exe: would they be agreeable to working some kind of a compromise._Countilman t1ills stated if the people could get some kind of surity they would drop their opposition. If they could get some kind of surity the entire lots would be built in a reasonable time. Mr. Staples stated they could not give the people any surity because they were going to sell the property. Councilman Cavanaugh stated it was difficult to rezone something not knowing what was going to be built, the proximity as to what it is going to look like. Councilman Cavanaugh stated he would not buy a house with vacant lots all around not knowing what was going to be built next door. Councilman Cavanauqh asked why the owners did not sell the . property and come back with a proposal on what was going to be built, instead of what they thought might be built. May 22, 1978 Page 8 Mr. Staples stated they could not sell the property while it is still zoned for single family residents. Councilwoman Reeder stated she did not feel anyone would want a house on the service road. Councilwoman Reeder stated the lots had been vacant to long, something needed to built on them. Councilman Woods asked Mr. Staples who anticipated buying the property. Mr. Staples replied Mr. Raymond Furr. Mr. Furr is a custom home builder and was with Hamn and Sandlin, Inc. for a while. Mr. Staples stated Mr. Furr is presently building $60,000.00 to $70,000.00 homes. Mayor Faram called for anyone present wishing to speak against this case to please come forward. Mr. Don Chapman, 7316 Marilyn Lane, appeared before the Council>to speak against this case. Mr. Chapman stated that when he bought his house in 1970, he bought in a neighborhood that he thought was single family units. Mr. Chapman stated that in his opinion the duplex proposal was in a bad location because of the service road. If duplexes were built at this location there would be twice the traffic. There would probably be two cars to a house and one would have to be parked on the street. Mr. Chapman stated as far as a compromise he would want to know what was going to be put there and if it would die half way through and half be duplexes and half vacant lots. Councilman Mills asked Mr.Chapman if anyone had contacted him regarding the zoning change. Mr. Chapman stated someone had talked with his son. He had not been contacted personally by anyone or discussed the case with anyone but his neighbors. Councilwoman Reeder asked Mr. Chapman if his wife had attended the Planning and Zoning meeting. May 22, 1978 Page 9 Mr. Chapman stated she had attended the meeting and was very disappointed. She felt the Planning and Zoning Commission had already made up their minds before hearing the case. Mayor Faram asked Mr. Chapman: if he was willing to compromise. Mr. Chapman stated he wanted to go on record as being against anything but single family dwellings. Councilman Cavanaugh asked Mr. Chapman if he would oppose a 1200 square foot duplex if it was built in the same fashion as a single family dwelling. Mr. Chapman stated that if he knew the entire lots would be built and not used partially, he might reconsider. Mr. W. R. Mayfield appeared before the Council and read the following protest: My name is W. R. Mayfield, 7209 Karen Drive, Block 30, Lot 9R. You of the Council will not be listening to the orator of Big Fossil Creek, but someone more in the style of Billy C. In the essence of time and to prevent deviation from the subject and possible argumentative comments, I would like to read the following statements: As a speaker for many of the home owners and voting citizens of North Richland Hills, we wish to speak against a rezoning of the subject properties. After the meetiñg with the Planning and Zoning Commission, we went to our homes wondering if being citizens of this city was working against us on this subject. Also we would like for this meeting to consider what is best for the citizens and not only what is best for the city. The parties requesting the rezoning admitted that they had a buyer for the properties and could not commit the buyer as to development. This would mean that the development would be by outside, absentee owner. The results would provide rental properties available to transit type renters, located in and adjacent to established homesteads. Many of the homesteads are owned by longtime _ residents of this citY;;I.and serveral senior citizen~ who have bought their homes for retirement with the assumptions that their investments May 22, 1978 Page 10 were protected by zoning and Deed Restrictions would prevent this type of actions. It was brought out at the Zoning Board meeting that this type of development would de-value the existing developed property. In closing~ one other point should be made, if the Council approves this requested rezoning and assures us that the properties will not be rezoned again at sometime in the future~ the citizens really do not have any assurances because the present City Council Members can not obligate future City Council Members actions. Mr. Mayfield thanked the members of the Council for their time and consideration. Councilman Mills asked Mr. Mayfield if he had been contacted in reference to this rezoning. Mr. Mayfield replied he had never been contacted. Councilman Freeman asked Mr. Mayfield if he knew exactly what was going to be built, would he object. Mr. Mayfield stated he objected to rental property. Mr. Jim McDaniel 7204 Karen, appeared before the Council to speak against this case. Mr. McDaniel stated he felt the owners of the property in question bought the property, they took a gamble and lost. Mr. McDaniel said the owner stated these duplexes would rent for $400.00 to $500.00 a month. He ~advised he did not know how they were going to do it. At the Planning and Zoning meeting they advised it would cost $60,000.00 to $70,000.00 to build the duplexes. Mr. McDaniel stated duplexes were not the answer for the property. Councilman Cavanaugh stated that earlier in the meeting it was stated there were several owners of the property. Councilman Cavanaugh asked how they found out who owned the property. Mr. McDaniel stated they checked the County Court House records. Councilman Mills asked Mr. McDaniel if he had been contacted by the owners. May 22, 1978 Page 11 Mr. McDaniel stated that Mrs. Donna Smith contacted him and he advised her he was against duplexes. Councilman Mills asked Mr. McDaniel. if he saw the plans would he object to duplexes. Mr. McDaniel stated he was opposed to it, but if they built duplexes on all the lots and gave the homeowners some assuarances, he might reconsider. Councilwoman Reeder asked Mr. McDaniel what he thought the lots would be suitable for. Mr. McDaniel stated he had advised Mrs. Smith that after this was over, she and the neighbors might get together and come up with an idea. Mr. S. V. Schup, 7200 Karen, appeared before the Council to speak against this case. Mr. Schup stated the people should have developed this property when they purchased it. Councilman Mills asked Mr. Schup if anyone had contacted him on the rezoning of the property. Mr. Schup stated they had not contacted him. He was sent a letter advising him when it would be heard by the Planning and Zoning Commission. Councilwoman Reeder asked Mr. Schup what he thought the property would best be suited for. Mr. Schup stated he did not know anything it was good for. Some of the residents could buy it for their own use. Councilman Freeman advised it had previously been stated the lots were small and probably cheap construction, if there was a plan, larger lots and nice construction, would Mr. Schup still be ~pposed to duplexes. Mr. Schup replied if there was a plan and if they could build nicer houses, he would not be opposed. Mrs. Lee Ann Nave, 7320 Marilyn Lane, appeared before the Council to speak against this case. Mrs. Nave stated she felt everything had been said concerning the duplexes. Mrs. Nave stated she lived next door to the property and had never been contacted. May 22, 1978 Page 12 Mrs. Nave stated she would not be opposed if she knew what was going to be built. Councilman Wood asked if the people could see a detailed, definite plan, would they be opposed. Mr. Chapman asked if this plan Would include all the lots involved. Mr. Chapman stated you could present plans easy, but was there some type of guarantee that all the lots would be built on. Mayor Faram advised he would now give the persons requesting the zoning request rebutal time. Councilman Freeman asked Mr. Staples if they would consider Planned Development. Mr. Staples replied they would not. Mr. Staples advised the Council an attempt was made to contact the people in the area. He assumed they had been satisfied since they were not at the meeting tonight. Mr. Staples stated they could not, at this time, submit a plan. They were trying to do what was best for the lots in questions. Councilman Freeman advised Mr. Staples he had made a statement that there was no way to guarantee the people what was going to be built on the property. Councilman Freeman asked what was Planned Development. Mr. Staples replied Planned Development was the type zone, if you have the zoníng district, it usually had minimum. Mr. Staples stated it was questionable as to whether this would be enough property to zone for Planned Development. Mr. Britton stated they could build anything they wanted as long as the Planning and Zoning Commission and the Council approved. Councilman Freeman asked if Planned Development had to be built exactly as approved. Mr. Britton stated it would have to be built like the plans and ordinance stated. Councilman Freeman asked Mr. Staples why they would not build Planned Development and satisfy everyone. Mr. Staples replied he felt the people would IVldY LL, l':J/ö Page13 be against Planned Development also. Mr. Staples stated the duplexes could not be built all at the same time. Councilman Cavanaugh asked Mr. Staples if this zoning request was approved, how long would it be before construction was started. Mr. Staples stated he did not know. Councilman Wood asked Mr. Staples if they would be willing to sign a convenant. Mr. Staples replied they would be willing to sign anything that was reasonable. What did he want in the convenant. Councilman Wood replied to tell you how to build it. Mr. Forrest Grubb, Planning and Zoning Member, appeared before the Council. Mr. Grubb stated the Commission might have had their minds made up before the meeting, but this request" had been given a lot of study before the Planning and Zoning meeting. The Planning and Zoning Commission had approved this request with the stipulations it would be one story high, a cedar fence and a minimum of 2200 square feet floor space per unit or 1100 per side. Mr. Grubb stated the Commission had the total interest for the people. Mr. Grubb st~ted the Commission possibly should have stlpulated the duplexes be built in a conseëtive matter. Councilman Cavanaugh asked Mr. Grubb if the Commission had stipulated sidewalks. Mr. Grubb stated the Commission had overlooked the sidewalks. Mayor Faram closed the Public Hearing. Councilwoman Reeder advised the Council she had listened to the tape of the Planning and Zoning Commission and there was some concern as to the widening of Loop 820. Councilwoman Reeder stated she had talked with the Highway Department and they advised her there was no plans to widen Loop 820 or the Service Road. May 22, 1978 Page 14 Mayor Faram stated the Planning and Zoning Commission had recommended approval of this request with these restrictions; single story, 2200 square feet per unit or 1100 per side, and a cedar screening fence. Mayor Faram stated he did not see these restrictions in the ordinance. Mayor Faram asked the City Secretary what the safeguards would be in a situation of this type. City Secretary Moore replied the restrictions would be typed on the ordinance before it was signed. Mayor Faram recommended if the Planning and Zoning Commission placed any restrictions on future requests, the restrictions be on the ordinance before it goes to the Council. Mayor Faram asked Acting City Attorney Eckman if the City had received a petition against the rezoning of this proprty. Mr. Eckman replied the petition had been given to the Planning and Zoning Commission. Mr. Eckman stated the petition had not been acknowledged and had not been properly filed. Mr. Eckman stated he did not consider it a legal petition. Mayor Faram asked Mr. Eckman how the petition should have been filed. Mr. Eckman stated it should have been filed with the City Secretary by noon on Thursday before the meeting on Monday. Councilman Freeman moved, seconded by Councilwoman Reeder, to postpone this case for further study and the property owners get more details. Motion carried 5-1; Councilman Mills voting against. Mayor Faram called a five minute recess. Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeting. May 22, 1978 Page 15 PLANNING AND ZONING PZ 78-21 Planning and Zoning, PZ 78-21, request of Donald Kerr to rezone 6.1426 acres from Industrial to Commercial Mayor Faram opened the Public Hearing and called for anyone present wishing to speak for this case to please come forward. Mr. Jack Douglas, Dallas, appeared before the Council representing Mr. Kerr. Mr. Douglas stated this property was located southwest of the railway and Rufe Snow Drive. Mr. Douglas stated they felt it would be more advantageous to the adjoining property to rezone to Commercial. Councilman Wood asked Mr. Douglas if they had any specific use in mind for the property at this time. Mr. Douglas replied he did not know. Mayor Faram called for anyone wishing to speak against this case to please come forward. There was no one present wishing to speak against this case. Councilman Wood moved, seconded by Councilman Michener, to approve PZ 78-21. Councilman Mills asked if Mr. Kerr had given any indication on what might be built on the property. Mr. Grubbs stated that at the Planníng and Zoning meeting they stated they wanted to build a Day Nursey. This property is located next to Precept and about 300 women are employed there. It would be convenient for the employees of Precept. Motion to approve failed by a vote of 3-3; Councilmen Wood~ Michener and Freeman for; Councilmen Mills, Cavanaugh and Councilwoman Reeder, against. Mayor Faram voted against to break the tie. PLANNING AND ZONING PS 78-21 Planning and Zoning, PS 78-21, request of Virgil Hume for final plat of Lot 1, Block 1, A. G. Walker Survey Mr. Ray Britton advised the Council Mr. Hume was present and wished to have this case postponed until June 26, 1978. May 22, 1978 Page 16 Councilman Mills moved, seconded by Councilwoman Reeder, to postpone PS 78-21, until June 26, 1978. Councilman Mills advised the utilities on Grapevine Highway were in the process of being moved, would it be a problem in this case. City Engineer Perkins stated it would not be a problem. Motion to approve carried 6-0. PLANNING AND ZONING PS 78-30 Planning and Zoning, PS 78-30, request of Colony Homes for final plat of Windcrest Councilman Wood moved, seconded by Councilman Freeman, to approve PS 78-30, subject to all the City Engineers requirements being met. Councilman Wood asked the City Engineer to clarify the effect this would have on Foster Village and the water availability for this addition. City Engineer Perkins stated there would not be any homes built in the subdivision before September or October of 1978, therefore, it will not effect Foster Village. Mr. Perkins stated with regards to the letter the Council had received tonight~ items 2 and 3 had been received. Thè plans were in order also. Mayor Faram asked the Council to supsend the rules and let Mr. Jim Martin with Carter and Burgess speak on this item. Mr. Jim Martin, Carter and Burgess~ appeared before the Council. Mr. Martin stated they could satisfy the City Engineers requir~ments. They would have to make minor changes on the outfall sewer line in Foster Village, they were not aware of this line until after they had stubbed out their line. City Engineer Perkins stated the 81 water line would have to be changed to a 10' on Hightower Drive. Mr. Martin stated he was waiting on information from Mr. Long, their Engineer. Mr. Martin stated they could satisfy these requirements also. May 22, 1978 Page 17 City Engi neer Perki ns advi sed the Council to approve this request subject to our mutual concurrence with their Engineers on items 2 and 3, and mutual concurrence of their Engineers and the City Staff being in concurrence regarding pro rata share requirements. Councilman Mills asked the City Engineer if the drainage on Hightower was going to create a problem. City Engineer Perkins stated there would be extra run-off. The developer is in accordance with the ordinance and has taken every precaution to insure that after the drainage leaves their property it has been properly . taken care of. Mr. Perkins stated he would be the first to admit there was a problem in Morgan Meadows and the development of this subdivision would not help matters. According to the ordinance it is not the responsibility of this developer to take care of downstream conditions, beyond the limits of his subdivision. Councilman Mills stated he felt it was the responsibility of the Council to look at the way this property has been developed. It is essentially the same kind of problem that exists on Hewitt Street. Councilman Mills stated some kind of drainage plan needed to be worked out. Councilman Mills stated the Council possibjly should consider requiring the drainage to be escrowed. City Engineer Perkins stated there ~as a drainage plan up to Hightower. Mr. Perkins stated that sometime in the future the city is going to be responsible for the drainage in Morgan Meadows. That property has already been developed and platted as a subdivision and ât~the time there were no requirements placed on the developer to take care of the drainage through the subdivision. Mayor Faram asked if it was in the City's power~to requir~off-site drainage. City Engineer Perkins stated there were no provisions in the ordinance requiring developers to escrow money for off-site drainage. May 22, 1978 Page 18 Mayor Faram asked Acting City Attorney Eckman if the City could govern this situation. Mr. Eckman advised the Council to wait until the City Attorney returned and discuss this with him. After discussion, Councilman Woods withdrew his motion. Councilman Freeman withdrew his second. Councilman Wood moved, seconded by Councilman Freeman, to approve PS 78-30, subject to the City Engineers letters of May 18 and 19, 1978. Motion carried 5-1; CounŒilmen Mills~ Freeman, Michener and Wood, and Councilwoman" Reeder voting for; Councilman Cavanaugh voting against. COPY OF ENGINEERS LETTERS OF MAY 18 & 19, 1978, ATTACHED. PLANNING AND ZONING PS 78-33 Planning and Zoning, PS 78-33, request of L. E. Merrl and D. M. Bradford for final plat of Lots 11 and 12, Block 23, Clearview Addition Councilman Mills moved, seconded by Councilman Wood, to approve PS 78-33, subject to compliance with the City Engineers letter. Councilman Woods asked if this would effect the utilities being relocated on Grapevine Highway. City Engineer Perkins stated it wou~d not. Mr. Britton advised the Council the owners were going to sign a convenant, instead of escrowing the money for utilities. Mayor Faram asked the Council to suspend the rules and let Mr. Walter Elliott, Engineer, speak on this case. Mr. Walter Elliott, Engineer, Elliott and Hughes, appeared before the Council. Mr. Hughes stated he represented the owners of this property. The owners would sign a convenant on Lot 11, Block 23, for crub and gutter at the time of actual installation, and a convenant on Lot 12, Block 23, for drainage at the time of actual - installation. Councilman Mills amended his motion to state" subject to the Engineers letter and comply , May 22, 1978 Page 19. with signing a convenant to run with the land on Lot 11, Blòck 23, for crub and gutter and a convenant to run with the land on Lot 12, Block 23, for drainage. Motion carried 6-0. PAYMENT Approval of payment of $16,565.85 to Hall Construction Company Councilman Mills moved, seconded by Councilman Freeman, to approve payment to Hall Construction Company in the amount of $16,565.85. Councilman Freeman asked when the job would be finished. Mr. Perkins replied the job was finished. Mr. Hall had some cleanup work to be done. The bridge was not open yet. Councilman Freeman asked Mr. Perkins how much there would be in liquidated damages. Mr. Perkins stated he did not have the records with him. Motion to approve carried 6-0. HOLIDAY Approval to delete Veterans Day Holiday in October and take it in July, for the year 1978 Councilwoman Reeder moved, seconded by Councilman Wood, to approve deleting Veterans Day Holiday and take it July 3, 1978. Councilman Mills asked the City MallÇlger if this would be setting a precedence. City Manager Riddle stated we could use the swing day instead of the Veterans Day. Councilman Mill s asked Mr. Ri ddl e fiôw"much pressure he had had to use Veterans Day in July. City Manager Riddle stated that some of the employees had requested that Veterans Day be taken on July 3. A survey was taken of the employees and they wanted to use the Veterans day holiday in July. Councilman Mills stated there would be some employees taking the holiday that had not yet earned the holiday. May 22, 1978 Page 20 Motion carried 4-2; Councilmen Wood, Michener, Freeman and Councilwoman Reeder, voting for; Councilmen Mills and Cavanaugh voting against. City Manager Riddle stated the Council could reconsider and use the swing day on July 3, and use Veterans Day at Thanksgiving. Councilman Woods moved, seconded by Councilman Freeman, to reconsider and use Veterans Day at Thanksgiving and the swing day on July 3. Motion to reconsider carried by a vote of 5-1; Councilmen Mills, Freeman, Cananaugh, and Councilwoman Reeder, voting for; Councilman Michener against. Councilman Mills moved, seconded by Councilman Cavanaugh, to use the swing day on July 3, and Veterans Day at Thanksgiving. Motion carried 6-0. APPROVAL TO PAY STANDBY CREWS Approval to pay Utility Department Standby Crews eight (8) hours pay per week for standby Councilman Mills moved, seconded by Councilman Freeman, to pay the Utility Department Standby Crews eight (8) hours per week for standby. Motion carried 6-0. EMERALD HILLS CHANNEL LINER Consideration of extra channel liner in Emerald Hi II s Councilman Cavanaugh moved, seconded by Councilman Mills, to approve $7,881.50 for the channel liner in Emerald Hills. Councilman Mills asked what fund th~ money would be taken from. City Manager Riddle stated the funds would be taken from CIP surplus. Motion to approve carried by a vote of 5-1; Councilmen Cavanaugh, Mills, Michener, Woods and Councilwoman Reeder voting for; Councilman Freeman against. RECESS Mayor Faram called a five minute recess. Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeti ng. May 22, 1978 Page 21 APPOINTMENT Appointment of voting member to the North Central Council of Governments BID Mayor Faram appointed Councilwoman Lena Mae Reeder as the North Central Council of Governments. All Council Members were in agreement with the appointment. Consideration of approval of bids for a Ground Storage Tank City Engineer Perkins advised the Council this tank would be inside Watauga city limits. This bid was for the tank only. Councilman Wood asked if the site had been acquired. Mr. Perkins stated the site had been acquired. Councilman Wood moved, seconded by Councilman Freeman, to approve the bid of Tank Builders. Councilman Mills asked the City Engineer if he had any experience with this tank company. Mr. Perkins stated he had called several companies that had Tank Builders build tanks for them and they had no problems with the company. BID Motion to approve carried 6-0. Consideration of approval of bids for a Booster Pump Station Councilman Mills asked Mr. Perkins if he recommended the low bidder. Mr. Perkins stated Red River Construction Company was the low bidder. They are also the company putting the water line in that goes to the pump station. Councilman Mills moved, seconded by Councilman Freeman, to accept the bid of Red River Construction Company in the amount of $285,333. Councilman Mills stated it should be stipulated the money would be paid from the Bonds. Motion carried 6-0. ITEM 6, CITIZENS REQUEST Mayor Faram advised the Council item 6 would be heard at this time. May 22. 1978 Page '22 Citizen Request, Mr. Donald Joe Colley requesting reimbursement for replacement of a sewer line Mayor Faram called for anyone present wishing to speak for this item to please come forward. There was no one present to speak for this item. City Manager Riddle advised the Council Mr. Colley was requesting to be reimbursed for replacing the sewer line in front of his house. in the amount of $492. Councilman Cavanaugh asked who installed the original sewer line. City Manager Riddle stated it was put in by Leonards, before Tarrant County Water Supply took over Leonards. Leonards put in the main and the owners put in their own lines. When the city took over Tarrant County Water Supply only the mains were transfered to the city. The owners could have put in a new line at that time and the city would have maintained the line. ITEM ADDED Councilman Freeman moved, seconded by Counci lman Mills, to deny the request of Mr. Donald Joe Colley. Motion carried 5-1; Councilmen Mills, Freeman, Michener, and WOOÐ and Councilwoman Reeder voting for; Councilman Cavanaugh against. Mayor Faram advised the Council the appointment of a City Judge needed to be added to this agenda. Councilman Mills moved,sèconded by Councilwoman Reeder. to add the appointment of a City Judge to the agenda. Motion carried 6-0. Mayor Faram appointed Glen Eckman as Acting Ci ty Judge for the Ci ty of North Ri ch 1 and Hi 11 s " All Council members were in agreement with Mayor Faram's appointment. CITIZEN PRESENTATION Mr. A. L. Moore, President Jaycees, appeared before the Council. Mr. Moore advised the Council a new Charter Club had neen formed and he wanted the Council to know they did ADJOURNMENT ATTEST: Jeanette Moore - City Secretary May 22, 1978 Page 23 exist and would like to help the city any way they could. Mr. Moore also invited Mayor Faram to the installation banquet on Saturday, May 29, 1978, at 7:30 p.m., at Glenview Methodist Church. Mr. Moore stated he lived in Richland Hills and worked in North Richland Hills. Councilman Michener stated that Mr. Moore had said they had a desire to help the city. Councilman Michener stated the city was in need of some Board Members and Mr. Moore might know someone that would be interested in serving on one of the Boards. Councilman Michener advised Mr. Moore if he did know of someone, have them come by the City Hall and pick up . a profile sheet. Mayor Faram adjourned the Council meeting of May 22, 1978. Dick Faram - Mayor KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas Nay 19. 1978 Mr. Allen Bronstad, Director of Utilities City of ilorth R1chland Hills 7301 N. E. Loop 820 North Richland Hills. Texas 76118 Subj ect: 3-841, CITY OF NORTH RICHlAND BIllS, FOSTER VILLAGE ADDITION, OFFS ITE SEW ER PLANS We have received tile offsite sewer plans through ~Jindcrest Addition for the subject subdivision for our review and offer our co~nents as follows: 1. The grades and overall plan furnished by Mr. Long for this sewer line appear to be adequate, but W2 notice that the grades for the lines tying into this l1ne in Windcrest Addition (plans by Carter and Burgess) do not agree with the grades of this offsite line. We understand that the Developersof Windcrest have agreed to these grades, and', if so, they should revise the grades of the connecting sewer lines on their plans. Should there be anY further questions concerning this review, please do not hesitate to call. .()~ JRP~mh cc: Mr. Gene Riddle, City Hanager Mr. Ray Britton, Director of Public Works .. 600 FIRST STATE BANK BLDG. . BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267_3367 ·v' "-./ ~, ì/ '-'~7C.::t\.._ - ---y,--,,___ CJ../~ 7' - I 17 tv\ '~~j(- KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS I Fort WQrth-Dallas 11ay 18 þ 1978 Honorable Mayor & City Council City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76118 Subject: 3-856. CITY OF NORTH RICHLAND HILLS, WìNOCREST ADDITION. REVISED FUL!\L PLAT AND CONSTRUCTIOH PLANS We have received the revised final plat and construction plans for the subject subdivision for our review and offer our comments as follows: 1. We would again remind you of our earlier comment (Item 1 of April 14. 1978.1etter) relating to pro-rata requirements. 2. As yet. we do not have calculations from Doug Long supporting the pipe size change from 10" to 8" on the trunk sewer through this subdivision. The plans of this line have not been received either. 3. In a recent meeting wIth this developer and 111s engineer and Ðoug Long, Mr. Long stated that his calculations for Foster Village indicated that the 8" line in Hightower should be a 10" line in order to accommodate the flow from the portion of Foster Village whfch will eventually ba diverted from Watauga into the NRH system. Mr. Long also stated that the grade of this line in Hfghtower should be lowered to give assurance of connection with the Foster Village line in the future. We would suggest that the two (2) engineers get to- gether on this matter. Should there be any further questions concerning the review of this sub- division, please do not hesitate to call. JRP :mh cc: Mr. Gene Riddle, City Manager Mr. Ray Britton, Director of Public Works Mr. Allen Bronstad. Dfrector of Utilities 600 FIRST STATE SANK SLOG. . BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367