Loading...
HomeMy WebLinkAboutCC 1978-07-14 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, AUGUST 14, 1978 - 7:30 P.M. CALL TO ORDER Mayor Faram called the meeting to order August 14, 1978, at 7:30 p.m. PRESENT: Mayor Councilmen ROLL CALL Councilwoman Mayor Pro Tem Dick Faram Denver Mills Jim Wood John Michener Sid Cavanaugh Dave Freeman Lena Mae Reeder James F. Cato STAFF PRESENT: City Manager City Secretary City Engineer Director Public Works M. E. Riddle Jeanette Moore Dick Perkins Ray H. Britton Board Members: Board of Adjustment Jo Ann Williams ABSENT: City Attorney Rex McEntire INVOCATION The invocation was given by Mayor Faram. APPROVAL OF MINUTES Approval of Minutes of the Regular Council meeting July 24, 1978 Mayor Pro Tem Cato moved, seconded by Councilman Wood, to approve the minutes of the July 24, 1978, meeting. Councilman Mills stated that on page 13, Paragraph 7, should state 12,000 square feet instead of 1,200. Motion to approve as corrected carried 7-0. APPROVAL OF MINUTES Approval of Minutes of the Emergency Council meeting August 1, 1978 Councilwoman Reeder moved, seconded by Councilman Mills, to approve the minutes of the Emergency meeting August 1, 1978. Motion carried 5-0; August 14, 1978 Page 2 Councilmen Freeman and Michener abstaining due to absence from the meeting. APPROVAL OF MINUTES Approval of Minutes of the Special Council meeting August.7. 1978 Councilman Michener moved, seconded by Councilman Mills, to approve the minutes of the Special meeting August 7, 1978. Motion carried 6-0; Councilman Cavanaugh abstaining due to absence from the meeting. CITIZEN REQUEST Citizen request, Mr. Peter J. Stahl requesting he be granted a permit for the purpose of drilling a shallow well City Manager Riddle advised the Council Mr. Stahl had withdrawn his request. CITIZEN REQUEST Citizen request, Mr. Lance Adams requesting he be granted a variance from the brick ordinance Mr. Lance Adams, 3325 Willowcrest, appeared before the Council. Mr. Lance advised the Council he was living in Willowcrest Apartments at the present time. He would like to build a log house on Crane Road. Mr. Lance stated the bÜlider was present if the Council would like to question him. Mr. Gary Dunlap, Representive of Real Log Homes, Inc., appeared before the Council. Mr. Dunlap stated Real Log had five factories in the United States and about 40 model homes. Mr. Dunlap stated the Southern Building Code approved this type log house. Mr. Dunlap stated FHA and HUD also approved the houses. Mr. Lance showed the Council several pictures and books on the Real Log Home. Mayor Pro Tem Cato asked where the house was to be located if approved. Mr. Dunlap replied on Crane Road between Martin and Main. August 14, 1978 Page 3 Councilwoman Reeder asked how many square feet would be in the house? Mr. Dunlap r~plied about ¡,804 square feet and would have a three car detached garage. Mr. Lance stated there was approximately two acres in the tract of land where the house would be built. Councilman Michener asked Mr. Adams if he had talked with any of his neighbors to see if they objected to this type of construction. Mr. Adams stated he had talked with his next door neighbors and if his request was approved they planned to build a home similar to his. Councìlman Cavanaugh asked what the cost would be for a Real Log Home. Mr. Dunlap stated it would cost approximately $32.50 to $35.00 a square foot. Councilman Mills asked how the house would be insulated. Mr. Dunlap. stated the logs were filled with a spline of tempered hardboard and seàled with 2 polyninyl chloride gaskets. It would meet all fire standards. Mayor Pro Tem Cato asked Mr. Britton if houses had been developed on Valleyview Drive. Mr. Britton stated the area had not been developed because there is not any sewer available. Mayor Pro Tem Cato asked if Mr. Adams lot had a percolation test. Mr. Britton replied Mr. Adams did have a percolation test. Mayor Pro Tem Cato stated he would like to postpone this case for two weeks due to such a deviation from the brick code and als(J August 14, 1978 Page 4 the surrounding residents could be notified in case they objected to this type of house. Councilman Wood moved, seconded by Mayor Pro Tem Cato, to postpone this request until the August 28, 1978, meeting. Mayor Pro Tem Cato stated letters would be sent to surrounding residents. Motion to postpone carried 6-1; Councilman Cavanaugh voting against. CITIZEN REQUEST Citizen request, Mr. Bill Nichols of Power-Wall Company requesting a variance in brick ordinance to use material known as Power-Wall for apartment houses located on Harwood Road Mr. Bill Nichols of Power-Wall Company, San Antonio, appeared before the Council. Mr. Nichols stated he wanted to use the Power-Wall on some apartments that were being built on Harwood Road. Mr. Nichols stated he had sent the City Manager information on this product. Councilman Freeman asked Mr. Nichols if Power-Wall was similar to stucco. Mr. Nichols replied it was similar to stucco only thicker. Councilman Freeman asked Mr. Nichols if the fire rating for Power-Wall was the same as the rating for brick. Mr. Nichols replied the rating was the same. Mayor Pro Tem Cato asked the City Engineer if he had any information on Power-Wall. Mr. Perkins replied he had never seen Power-Wall before tonight. August 14, 1978 Page 5 Councilman Mills asked Mr. Nichols where the apartments would be located. Mr. Nichols stated the apartments would be located across the street from Tarrant County Junior College. Mayor Faram asked Mr. Nichols, over a period of time, how would Power-Wall compare with brick. Mr. Nichols stated the building they had used Power-Wall on were not very old. Power-Wall writes a twenty year guarantee on the product. After discussion, Councilman Cavanaugh moved, seconded by Councilman Freeman, to deny the request for a variance from the brick ordinance because of lack of information on the product. Motion carried 5-2; Councilmen Mills, Cavanaugh, Wood, ánd Freeman and Councilwoman Reeder for; Councilmen Michene~ and Cato against. PLANNING & ZONING PS 78-42 PS 78-42, This is a tabled item from the July 24, 1978, meeting. Request of Mr. Harrington to plat his property located on Davis Blvd. Mayor Faram advised the Council he had dicussed this case with the Harrington's. The Harrington's agree to item I of the City Engineers letter of May 23, 1978. Item 2, pro rata share of water, the Harrington's tied on the water line prior to the City accquiring the water system. Item 3, the fire hydrant if only 25 feet off the required 300 feet. . Item 4, there is an existing sewer line on the property at this time. The elevation is to high to serve Mr. Harrington. Mr. Harrington has a septic tank and has not had any problems with it. Item 5, Mr. Harrington is willing to sign a covenant for curb, gutter and storm drainage. Item 6, the channel referred to does not connect to Mr. Harrington's property. Mayor Faram urged the Council to approve this reqDest. Mayor Faram stated all Mr. Harrington wanted to do was put in a gas tank for unleaded gas. August 14, 1978 Page 6 PLANNING & ZONING PS 78-47 Councilman Michener moved, seconded by Councilman Wood, to approve PS 78-42, subject to items I and 5 of the City Engineers letter of May 23, 1978. Motion carried 7-0. PS 78-47, Request of Kimbell, Inc., for replat of Lot B-R, Parchman Addition Councilman Wood moved, seconded by Councilman Cavanaugh, to approve PS 78-47 subject to the Engineers letter. Motion carried 7-0. PLANNING & ZONING PS 78-52 PS 78-52, Request of Western 6 Motel for final plat of Lot 2, Block I, North Richland Hills Station Addition Councilman Freeman moved, seconded by Councilman Mills, to approve PS 78-52, subject to the Engineers letter. Councilman Mills stated there was no mention of how the property would be supplied with water. City Engineer Perkins stated the developers were going to construct a 6 inch water line. Motion carried 7-0. PLANNING & ZONING PS 78-54 PS 78-54, Request of G & S Investment Company for final plat of Lots 2 & 3, Block I, A. G. Walker Subdviision Councilman Cavanaugh moved, seconded by Councilwoman Reeder, to approve PS 78-54, subject to the Engineers letter. Motion carried 7-0. City Engineer Perkins stated that item #2 of his letter gave the Council the option to m~ke the. developer build the water line or insta~l a fire plug on Glenview. Mr. Perkins stated he rec~mmended the developer build the Ilne. August 24, 1978 Page 7 Mayor Faram called for a motion to reconsider PS 78-54. Councilman Mills moved, seconded by Councilman Wood, to reconsider PS 78-54. Motion carried 7-0. Councilman Cavanaugh moved, seconded by Councilman Mills, to approve PS 78-54, with the stipulation the City Staff negotiate with the developer to determine what al ternati ves would be most economical to the developer. Motion carried 7-0. PLANNING & ZONING PS 78-56 PS 78-56, request of Sabine Valley Ind., Inc., for final plat of Diamond Loch Apts. Councilman Mills moved, seconded by Councilwoman Reeder, to approve PS 78-56, subject to the Engineers letter. Motion carried 7-0. Request of Sabine Valley Industries, Inc., that theori¿inal plat of Blocks 1 & 2, Diamond Loch Apartments, as recorded in Volume 388-l17, page 62 and 62A, Plat Records, be abandoned. Councilman Freeman moved, seconded by Councilwoman Reeder, to approve the request of Diamond Loch Apartments to abandon the original plat of Blocks 1 & 2. Motion carried 7-0. PLANNING & ZONING PS 78-57 PS 78-57, request of Gary Neisler to replat Lot lORI, Block 8, Fossil Creek Trails Addition Councilman Freeman moved, seconded by Councilman Mills, to approve PS 78-57, subject to the Engineers letter. Motion carried 7-0. PLANNING & ZONING PS 78-59 PS 78-59, request of Dr. Charles Rush for final plat of Lot 4, Block A, Calloway Farms Addition Councilman Freeman moved, seconded by Councilman Mills, to approve PS 78-59 subject to the Engineers letter. August 24, 1978 Page 8 Mayor Pro Tern Cato stated the plat showed 50 foot of right-of-way on Cagle. Mayor Pro Tem Cato asked if there was a reason this was shown on the plat. City Engineer Perkins stated that Mr. Britton had informed him that Federated found a dedication for Cagle. There had been some question as to whether Cagle was dedicated. Federated had found a dedication on that location. Mayor Pro Tem Cato asked Mr. Britton as it currently exists on the plat, did it form a dedication. Mr. Britton stated that in discussing the right-of-way with the surveyors, he was advised there was a dedication for Cagle. Mr. Britton advised the Council that when they heard the next plat, which is for Federated Department Stores, they have also found a dedication and have excluded it from their plat. Mayor Faram asked Mr. Britton if the dedication became part of the plat. Mr. Britton replied no, it only shows it as an existing street. Mayor Pro Tem Cato asked if the plat and/or the plat for Federated Department Stores, in regard to Cagle Street, did,it constitute a dedication for the street such that the City of North Richland Hills would get the money from Federated to build the street and the owners of Lot 4, Block A, in the configuration agreed with the City of Richland Hills, when North Richland Rills agreed to help build Glenview? Mayor Pro Tem Cato asked if the street was built would it have curb, gutter, be built to city specifications and was the street going to be into a private parking lot of the facilities of Federated. August 24, 1978 Page 9 Mr. Britton advised the Council that PS 78-67 would clarify the situation. Mr. Britton stated Cagle was already a dedicated right-of-way. Mayor Pro Tem Cato asked if that meant it belonged to the City of North Richland Hills. Mr. Britton stated it was his understanding it belongs to the City and that Federated Department Stores plan on building a four lane street. Mayor Pro Tem Cato asked if the City were to undertake maintenance of the street, apparently that is what we would do, because it is a dedicated street, would the city put a 50 foot right-of-way residential street in a traffic area that is going to carry the volume that Federated Department Stores is going to carry. Mr. Britton stated this street is not intended to be constructed to residential standards. It is intended to be constructed to commercial standards. Mayor Pro Tem Cato asked since the city had a dedicated street, are we to presume that the City currently owns right-of-way and the land owners no longer have any interest in the street or the 50 foot right-of-way. Mr. Britton stated he did not know what happened on the correction deed dated October 4, 1977, as shown as being recorded. Mayor Pro Tem Cato asked if the correction deed was signed by North Richland Hills. Mr. Britton replied he did not know if the City signed the deed. August 14, 1978 Page 10 Mayor Pro Tem Cato moved, seconded by Councilman Wood, to postpone action on PS 78-59, PS 78-66 and PS 7.8-67, until the dedication of Cagle Street could be checked. Motion carried 7~O. PLANNING & ZONING PS 7 Mayor Faram instructed the City Staff to check the dedication and meet with Mayor Pro Tem Cato before the August 28, 1977, Council meeting. PS 78-64, Request of Pioneer Oil Company for final plat of Lot I, Block 31, College Hills Addition Councilman Wood moved, seconded by Councilwoman Reeder, to approve PS 78-64. Mr. Gary Teague Engineer, was present to represent this case. Mayor Faram stated Mr. Teague was agreeing to item 1, changing the name of the subdivision; not agreeing to item 2, paying pro rata share of the existing water line on Keller- Smithfield; item 3, the fire hydrant likes about 80 feet being within the 300' radius; disgree with item 4, approval of a percolation test; disagree with item 6, sign a covenant for curb, gutter and drainage facility construction. Mayor Faram asked the Council to suspend the rules and let Mr. Teague speak on this case. Mr. Gary Teague, Engineer representing Pioneer Oil, appeared before the Council. Mr. Teague stated this property was located on Davis Blvd. There is a self-service gas station and grocery store, known as Mama's Market, located there at the present time. Last year the property became vacant. Mr. Teague stated Pioneer leased the property to individual owners. Mr. Teague stated the property was vacant for a period of time and Pioneer got a new lease tenant. Pioneer went to the city to have the utilities turned on and at that time it was bought to Poineers attention the property was not platted. August 14, 1978 Page II Mr. Teague stated in order to get the utilities turned on the property would have to be platted. Mr. Teague stated they had the property surveyed and submitted to the city and received the City Engineers comments. Mr. Teague stated he would like for the Council to give further consideration on the case. Mr. Teague advised thau item 3 of the Engineers letter was based on information they had taken from City maps. Mr. Teague stated they had since gone back on the ground and verified the location of the the fire hydrant in the area. Mr. Teague stated he had supplied Mr. Perkins with a revised map. Mr. Teague stated the nearest fire hydrant was 170 feet from the property line. Mayor Faram asked Mr. Teague if the Staff was aware of the fire hydrant, and did they agree with Mr. Teague. Mr. Teague replied he had told Mr. Perkins about the fire hydrant. Mr. Teague stated on item 2, because of the prior existance of the service station and prior existance of the water line, and having being tied on to the line prior to submittal of the plat, Poineer does not feel they owe anything for the water line. Mr. Teague stated that at the time Poineer tied on to the line they paid the required fees. Mr. Teague stated in referance to item 4, a percolation test, there is an existing septic tank on the property and a new test would be of no vallie. The septic tank has been there a numb~r of years and still serves adequately. Mr. Teague stated in reference to item 6, Pioneer perferred not to sign a covenant, they will pay an assesment when the project is put in. August 14, 1978 Page 12 Mayor Faram asked if the City could assess for-drainage improvements? Mr. Perkins stated t~e policy was to attempt to recover cost on State Highways improvements. Mayro Faram asked if the city could assess for improvements at the time they are accomplished. Mr. Perkins stated he had been advised the City could not assess for drainage. Mr. Teague stated Article 1103-B of V.A.S. gives the city the right to assess up to 90% for drainage. Mayor Pro Tern Cato stated the City's Attorney has advised the Council they could not assess for drainage. Mayor Pro Tem Cato asked Mr. Britton if there had been any complaints from the Water Control Board on the septic tank. Mr. Britton stated there had been no complaints on the septic tank. Mayor Pro Tem Cato made a substitute motion, seconded by Councilman Cavanaugh, to approve PS 78-64, subject to the Engineers letter and compliance with items 1, 5 and 6. Motion carried 7-0. PLANNING & ZONING PS 78-66 - PS 78-67 PS 77-67, Request of Federated Stores to replat Block C, Calloway Farms Addition PS 78-66, Request of Federated Stores for final plat of Block C, Calloway Farms Addition Mayor Pro Tem Cato moved, seconded by Councilman Cavanaugh, to postpone PS 78-66 and PS 78-67. Councilman Cavanaugh stated he would like to hear from a Representive of Federated Stores before the Council po~tponed a~tion on these items. August 14, 1978 Page 13 Mr. Robert Needum, Engineer, appeared before the Council to represent Federated Stores. Mr. Needum stated the discussion had been on the dedicated portion of Cagle, which is outside of Federated's plat. Federated was going to build the street to city sepcifications for that particular portion of the plat. Mr. Needum stated there had been an agreement made between the City of Richland Hills, North Richland Hills and Federated. Mr. Needum stated he thought everything had been understood. Mr. Needum stated they were going to build the street for the city to get the traffic into the mall. Mr. Needum stated Federated would build the major portion of the stFeet that is within Federated propertles. Mr. Needum stated they also intented to maintain the street. Mayor Faram asked Mr. Needum if there was an alterration of width that Federated would agree to if the plat was. approved. Mr. Needum stated there was already an agreement with Federated where there would be the extra width within the portion that is already dedicated. Mayor Pro Tem Cato stated that at the time of the agreement, there was no known dedication of Cagle street north of Glenview Drive. The understanding was Federated Stores had a right-of-way from their existing property to Glenview Drive down the area between the two existing zonings and they were going to build a private drive to the requirements that the City of Richland Hill put on North Richland Hills so the curb could be cut in Richland Hills. Mayor Pro Tem Cato stated this would be ok as long as Federated "maintains ownership and maintenance on the private drive. Mayor Pro Tem Cato stated it now apparently is being considerated as a dedicated street, which means as soon as the street is finished it bp-comesthe property of North Richland Hills. Mayor Pro Tem Catv stated that under these circumstances the Council needs to take August 14, 1978 Page l4 another look at the residential dedication and see if it is going to be a city owned street. Mayor Pro Tem Cato stated the city would get the street in compliance with what it needs to be for the city to undertake Taxpayers maintenance. Mr. Needum stated this was only a 540 foot strip that has been found to be dedicated. Mr. Needum stated this should not infringe on the approval of Federateds plat, so they can go ahead and go to work. Mr. Needum stated Federated had agreed to the access road and to build within the dedication and this agreement is already made. Mr. Needum advised you could build a four lane street on 50 foot of right-of-way and if utility easements were needed they could be obtained outside of the pavement area. Mayor Pro Tem Cato asked Mr. Needum if he had any of the proposed entrance ways or the dedicated street in Federated's plat. Mr. Needum replied it was not shown on the plat, it is shown that the dedicated street does exist outside the plat. Mayor Pro Tem Cato asked Mr. Needum if this plat had anything to do with the outlets and would it allow Federated to do construction on that outlet. Nr. Needum stated the plat shmvs how Federated is dividing up the property a nd how Federated is going to adjoin the other properties. Mr. Needum stated that once the plat is approved Federated can get a building permit, which has to meet all city standards. Mayor Pro Tem Cato asked the City Staff if these two plats were passed, could Federated begin work on the proposed dedicated street. August 14, 1978 Page 15 Mr. Britton replied they could not begin work until a City Developer Agreement was signed for the construction of the street. Mayor Pro Tem Cato stated as long as Federated built the street and maintained it, they could put what they wanted. Mayor Pro Tern Cato advised the only reason there was a requirement for 300 feet back and four lanes is because Richland Hills imposed it on Federated. The City of North Richland Hills has maintained all along the street would be a private drive and suddenly it becomes a dedicated drive under taxpayers maintenance. Mayor Pro Tem Cato stated the city had no engineering criteria for sizing the street or the type of construction to be used. Mayor Pro Tem Cato stated the city had residential right-of-way partially into Federated's property. City Manager Riddle stated the city had the subdivision ordinance that details how the street is to be constructed. Mayor Pro Tem Cato asked if the City Engineer had determined that 50 foot of right-of-way is enough for the traffic volume that will be generated going into Federated's parking lot. Mayor Pro Tem Cato asked if the city had aquired enough land to get from Glenview Drive into the property or is there some no-man land involed that is not dedicated and what protion would come under City maintenance and what portion would not. Mr. Perkins stated Federated had submitted a plat to the City and it shows a very recent, October of 1977, deed called a correction deed for that piece of property, Cagle Street. Mr. Perkins suggusted that if the city did not want Cagle as a City street, it could be ~esearched and see what actually transpired. Mr. Perkins stated he was confused as to how Cagle got recorded as a city street without going thru the ci~J first. August 14, 1978 Page 16 Mr. Perkins advised'é the Council they could go ahead and abandon that right-of-way and give it back to Federated. Mayor Pro TemCato stated if the right-of-way was vacated it would probably go back to some other owner and not Federated. Mr. Perkins asked Mr. Needum if he knew anything about the Volume and Page where Cagle street was dedicated. Mr. Needum stated the Attorney's for Federated came up with the dedication. Mr. Needum stated he would like to mention as far as traffic volume was concerned, he had worked for Federated allover the United States and they have never tried to build something less than the traffic volume they were going to generate. Mayor Pro Tem Cato stated the problem was the City does not know what to tell Federated to build, because the street has not yet been designated. Mr. Needum asked if it would be possible to go ahead and approve the plat, so Federated could build every thing up-to the point of dedication and when the City decides what they want to do. Mr. Needum stated the main thing Federated is looking at is a time schedule and money involved. Mr. Needum stated the dedication is outside of Federated's plat and it is only an access way for when traffic is generated. Mr. Needum advised a solution would be to go ahead and hold Federated up on that particular portion of the construction, but not hold Federated on the whole thing. Mayor Pro Tem Cato asked if either of the plats, PS 78-66 and PS 78-67, have anything what-so-ever to do with this particular street being dedicated. Mayor Pro Tem Cato asked if the passage of the plats would any way disallow the City tú come back at a later date and make other agreements with Federated for this particular outlet. August 14, 1978 Page 17 City Manager Riddle stated that on the original platting this street was shown as a private drive. Mr. Riddle stated Federated would have to get the street dedicated and back into the plat someway. City Engineer Perkins stated that if the Council approves the plats as is, legally, Federated would not have to build the portion of the street from the end of their property to Glenview Drive, it is not theirs and they do not have to build any improvements. Mayor Faram asked if the City had to accept the dedication if it was not improved to City specifications~ Mr. Perkins stated he thought the city did not have to accept the dedication until improved. Mr. Britton stated that assuming that the dedicatory portion of the plat is signed by the property owners and excuted by the Mayor and City Council and filed as record the dedication in fact does belong to the City. Mr. Britton stated the City only accepts the improvements after they are put i~Whether the improvements are placed on the property or not, that right-of-way does belong to the City once that plat is signed and filed of record. Mayor Faram asked if the plat had been accepted. Mr. Britton stated the plat had not been accepted. Mayor Faram asked if the City had a safeguard if they did not accept the dedication. Mr. Britton stated he did not know because he did not know where the information on the plat came from. August 14, 1978 Page 18 Mayor Faram stated he was under the impression the City did not accept street that are dedicated to the City until they are brought to City specifications. Mr. Britton stated the City would accept improvements placed within the right- of-way after they are built to City specifications. Mr. Needum stated Federated would be willing to build to what ever the staff would want on that particular dedication. Mr. Needum stated that if later the street is not dedicated Federated had to have the entrance to the Mall. Mr. Needum stated that if the Council wanted to delay the portion of the property that shows to be dedicated, it would be allright with Federated Mr. Needum stated the main thing was to get the total building area, as shown within the Federated property line approved. Mayor Faram stated he did not think that street had been accepted by the City as a dedicated street and the City is not obligated in any manner to accept the dedication until it meets City standards. Mayor Faram stated if Federated built the complex he felt they were going to build, it would be to Federated's advanage to build a street that will give them even-flow access to and from their property. Mayor Faram advised the only thing the City was interested in was if the dedication of the property was accepted, the street be constructed So the City does not have a lot of maintenance on it. Mayor Pro Tem Cato stated the plat also showed Ruth Road to be dedicated. Mayor Faram advised the Council he would like for the Council to reconsider and approve the plat with the understandin the City would not accept the dedication on tha street now designated as Cagle until it meets City Standards. August 14, 1978 Page 19 Mayor Pro Tem Cato asked if it was the legal responsibility of City tp accept the plat with the erroneous dedication as shown in the upper right hand corner of the plat.. Mr. Perkins stated that Mr. Britton had advised him that the original plat that was recorded by Federated included the dedication of Cagle street in this location. Mr. Perkins stated the plat to be approved to night was basically a re-plat, but if ~hat is the case the City has a street there. Mayor Pro Tem Cato stated the City had right-of-way there now which is erroneously a dedicated street. Mr. Britton stated the original plat shows Federated Department Stores platting a finger of land going out to Glenview, which has turned out to be Cagle street in the re-plat. Mr. Britton stated it was originally platted as a private drive. Mayor Pro Tem Cato asked if the re-plat abandoned that portion of the previous plat. Mr. Britton stated it would abandon that portion if the Council approved the plat tonight. After further discussion, Mayor Pro Tem Cato withdrew the original motion on the floor. Mayor Pro Tern Cato asked if Ruth Road was also dedicated. Mr. Perkins stated 399.22 feet of Ruth Road was dedicated. Federated was indicating that Ruth is also a part of this plat. August 14, 1978 Page 20 Mayor Faram asked the Council if they would consider making a motion approving PS 78-66 and 78-67, with the exclusion of Ruth Road and the exclusion of Cagle to be worked out by Federated and the City Engineer to meet city sepcifications if they chose to make these City streets~ Mayor Pro Tem Cato moved, seconded by Councilman Mills, ·tQ approve PS 78-66 with the deletion of 399.22 feet designating Ruth as a dedicated street. Motion carried 7-0. Mayor Pro Tem Catomoved, seconded by Councilwoman Reeder, to approve PS 78-67, deletion of 791.93 feet designating Cagle as a dedicated street. Motion carried 7-0. RECONSIDER PS 78-59 Councilman Cavanaugh stated he would like to re-call item 16, PS 78-59, for consideration. Councilman Cavanaugh moved, seconded by Councilman Michener, to reconsider PS 78-59. Motion carried 6-1; Councilman Mills voting against. Councilman Cavanaugh moved, seconded by Mayor Pro Tem Cato, to approve PS 78-59, deleting the designation of Cagle street as a dedicated street and subject to the City Engineers letter. Motion carried 7-0. PLANNING & ZONING PS 78-55 PS 78-55, Request of Tarrant Real Development Corp., for final plat of Meadow Lakes Addition, Blocks 1, 2, 3, 4, and 5 Councilman Wood moved, seconded by Councilwoman Reeder, to approve PS 78-55, subject to the Engineers letter. Councilman Freeman asked why the sewer line was being taken out of the property. Mr. Perkins stated in a previous letter he had stated that if the funding for Big Fossil sewer line did not come through, the developer August 14, 1978 Page 21 would be required to build the line in addition to the off-site sewer that was shown on his plat. Mr. Perkins advised the funding for Big Fossil sewer had come through therefore the developer would not have to build the line. Councilman Freeman stated the City Manager had told him previously that Shady Creek Trail would not cross the creek and go to Highway 377, this plat show it crosses the creek. City Manager Riddle stated the developer was not near the creek on this plat. Mr. Perkins stated the developer had not updated his location map. Councilman Freeman asked if the area that is not being platted lies between the lake and the lots or do the lots extend to the lake. Mr. Doug Long, Engineer, advised Councilman Freeman this area would be encompassed in the next phase. Mr. Long stated they planned to dig out the existing lakes where the people will have water up to their back property lines. Mr. Long stated requests have already been sent to existing property owners asking if they will participate and have the water brought up to their property line. Mr. Long stated there was a no-mRns land there now. There are two lakes and a log cabin presently there. What supposedly will be done is to make the area into a Homeowners Association and they will maintain it. Councilman Freeman stated he was one of those homeowners and wanted to know who was going to maintain the area. Councilman Freeman asked if the homeowners were going to maintain the area. August 14, 1978 Page 22 Mr. Long stated that was the proposal. The homeowners will own and maintain the area. Councilman Freeman asked if the homeowners failed to pickup the option, what happens to the area. Mr. Long stated it would still be owned by the person that owns the property now and maintained by them. Councilman Mills asked what was going to happen to the tract of land that joins on Riveria. Mr. Long stated that tract would be a water rights easement. Mr. Jerry Stevens appeared before the Council. Mr. Stevens stated he had recently taken over Mr. Hal Bresnan's share of the development. Mr. Steven's stated his predecessor had made some promises to the people that bought property in Meadow Lakes that are away from the lake. The property owners had been told they would have excess to the lake. Mr. Stevens stated the document that had been sent to the property owners asked if they would like to participate in a club with ownership in the club. Mr. Stevens stated if the homeowners did not wish to participate then he would have to take another course of action and solve the problem by means of walkways. Councilman Freeman stated he failed to see how walkways could be built to the lake when the lots have already been sold and there is no right-of- way to be dedicated. Mr. Stevens stated if the Homeowners Association took over the area and was deeded the club house and the two lakes, we would also have the dam lowered and a series of walkways and lights going up from the lower lake to the upper lake. Mr. Stevens stated there would be one point of entrvco the lakes and that \vould be where the club house is located. August 14, 1978 Page 23 Councilman Freeman asked Mr. Stevens if he would have any objections if . the Council postpone action on this plat until the next Council meeting and the homeowners have a meeting with the developer. Mr. Stevens stated it would be to his best interest economically to proceed with the plat. Councilman Freeman asked Mr. Stevens what would be delayed. Mr. Stevens replied he was trying to get the utilities and the contracts have already been placed and has been ready to go for a period of time. Mr. Stevens stated as far as the maintenance of the facilities was concerned, it was provided for in the original restrictions and covenants in phase I, which was approved and which provides for a charge of 15 mills per square foot of ground to maintain. Mr. Stevens stated the original developer put this requirement in to maintain whatever the developers or future developers put in. Councilman Freeman stated the homeowners were going to be paying the taxes and there was no way they could benefit from the improvements intended and these are some of the things the homeowners would like to discuss before the project gets to far along. Councilman Freeman moved, seconded by Councilman Mills, to postpone PS 78-55, until the August 28, 1978, Council meeting. Councilman Mills asked if a portion of the plat, n~xt to the right-of-way, could be approved and hold the portion next to the lake~ Mr. Stevens stated the way the building business had been going, they were delayed anyway as far as completing the second ph3.::,e. Mr. Stevens stated he had been told by the paving contractor he could pave enough of the streets for us to be able to deliver 68 lots ¡-mgus t: 1-4. 1-'::1 /8 Page 24 by the end of October. Mr. Stevens stated there "tvould only be seven lots on the water in this particular phase. Mr. Stevens stated the reason he had sent letters to property o~mers, most of which pertained to phase III, which was not being discussed tonight, was because he was aware of the fact there had been some promises made by his predesessor and there was some questions in the people's minds. Mr. Stevens stated he was trying to get the questions out in the open and get some answers so they could be resolved before phase III was started. Mr. Stevens stated he would appreciate it if the Council w~uld approve the plat. Motion to postpone passed by a vote of 6-1; Councilman Wood voting against. PLANNING & ZONING PS 78-61 PS 78-61, Request of Sandlin Homes, Inc., for final plat of Northridge Addition Councilman Mills moved, seconded by Councilman Cavanaugh, to approve PS 78-61, subject to the Engineers letter. Councilman Wood asked if item #2, pertained ~ to easement for storm drainage? Mr. Britton stated he would like for Mr. Sandlin to address the Council. Mr. Britton advised the Council Mr. Sandlin had not had benefit of the letter. Mayor Faram stated he would like to see in the future these comments worked out with the people making application so the Council ~ould have the answers prior to a Council meeting. Mayor Faram instructed the Staff to work out all administrative details before it comes to the Council. August 14. 1978 Page 25 Mr. J. B. Sandlin, Developer, appeared before the Council. Mr. Sandlin stated he had read the letter of comments from the City Engineer and felt there would be no problem in complying with the requests. Motion to approve carried 7-0. PLANNING & ZONING PS 78-60 PS 78-60, Request of Northeast Construction Company for final plat of Holiday West, Section II Councilman Mills moved, seconded by Cou~cilwoman Reeder, to approve PS 78-60, subject to the Engineers letter. Mayor Faram asked Mr. Sandlin if there would be a problem with item #3, pertaining to a street cut on Holiday Lane. Mr. Sandlin stated he felt this could be worked out with the Staff. Motion to approve carried 7-0. CITIZEN REQUEST Citizens Request, Mrs. Kathy Kern, requesting to speak on the water situation for the Northeast Homeo1vners Association There was no action taken on this item as Mrs. Kern was not present. CONDEMNATION RES OUT ION 78-l3 Authorization to condemn a tract of land for the purpose of installing a water line. Owned by B. W. Giles Builder, Inc.. located in the City of Watauga, Abstract 289, Tract 4Al Counci lman Cavanaugh moved,· seconded Councilman Mills, to approve Resolution 78-13. condemnation proceedings on Abstract·289. Tract 4Al. Motion carried 7-0. COUNTY WIDE AÞIBULANCE RESOLUTION 78-12 Resolution urging the County Commissioner to initiate a County Wide Ambulance System, under the County Hospital District , Cot:ncilman Cavanaugh moved, seconded by Councilman Mills, to approve Resolution 78-12. Motion carried 6-1. Councilman Wood voting against. August 14, 1978 Page 26 PAYMENT Authorization to pay Lloyd H. Shaw Construction Company, Inc., $7,881.50 for material furnished and work preformed on Change Order No. One Councilman Michener moved, seconded by Councilman Wood, to approve payment to Lloyd H. Shaw on Change Order No. one. Mayor Pro Tem Cato asked what account this would be paid from. CITIZEN PRESENTATION City Manager Riddle stated the funds woul~ come from surplus. Motion to approve carried 7-0. Mrs. Norma Thompson appeared before the Council. Mrs. Thompson stated she would like to know if the street that goes behind Richland High School was going to be opened. City Manager Riddle stated he had written a 'letter to the owner of the property requesting the street to be opened. ADJOURNMENT Mayor Faram adjourned the meeting of August l4,l978. ATTEST: Mayor - Dick Faram -- Jeanette Moore - City Secretary