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HomeMy WebLinkAboutCC 1978-12-11 Minutes '.' .. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, DECEMBER 11, 1978 -7:30 P.M. 1. Mayor Faram called the meeting to order December 11, 1978, at 7:30 p.m. 2. Present: Dick Faram Denver Mills Jim Wood John Michener Dave Freeman James Cato Lena Mae Reeder Mayor Councilmen Councilwoman Stan Gertz Jeanette Moore Rex McEntire Dick Perkins Acting City Manager Ci ty Secretary City Attorney City Engineer Absent: Sid Cavanaugh Councilman ---- 3. The invocation was given by Councilwoman Reeder. 4. Councilman Michener moved, seconded by Councilman Wood, to approve the minutes as written. Motion carried 6-0. . 5. Mr. Marion Massey, Attorney, appeared before the Council representingCtites Oil Company. Mr. Massey stated he was aSking the Council for an appeal hearing on PZ 78-38 at the earliest possible date. " Councilman Cato moved, seconded by Councilman Mills, to grant an appeal hearing on PZ 78-38 to be heard January 8, 1979. Motion carried 6-0. 6. Mayor Faram reminded the Council that it would take three-fourths vote of the Council to over-turn the Planning and Zoning Commission's decision and one member of the Council was absent. Mr. Marion Massey, Attorney, appeared before the Council representing Mr. Elmer Allison. Mr. Massey stated he would like to postpone this request until a later date. -, 4 CALL TO ORDER ROLL CALL INVOCATION APPROVAL OF MINUTES OF THE REGULAR MEETING NOVEMBER 14, 1978 - APPROVED REQUEST OF CRITES OIL COMPANY FOR AN APPEAL HEARING ON PZ 78-38-GRANTED FOR JANUARY 8, 1979 PUBLIC HEARING PZ 78-37, REQUEST OF ELMER ALLISON TO REZONE 1.275 ACRES FROM ITS PRESENT CLASSIFICATION OF IF":12 ONE FAt~ILY DWELLING TO A PROPOSED CLASSI- FICATION OF 2F-9, TWO FAMILY DWELLING December 11, 1978 Page 2 Mr. Albert Alford, 3508 Tourist Drive, appeared before the Council. Mr. Alford stated he already attended two meetings on this case and-both times it_had been denied. Mr. Alford stated he was attending for the third time and would like for the Council to go ahead and hear the case tonight. Mr. Eddie Hinds, 3513 Tourist Drive, appeared before the Council. Mr. Hinds stated he was hearing the same request for the third time. He felt the Council should hear the request tonight. Mr. Jess Lowdermilk, 6009 Tourist Drive, appeared before the Council. Mr. Lowdermilk stated he felt the Council should hear the request at this time. Mrs. Jack Karter, 3504 Wendell Drive, appeared before the Council. Mrs. Karter stated she had attended previous meetings on this case and would like to get it settled tonight. Mr. GeorgeTownsend, 3512 Tourist Drive, appeared before the Council. Mr. Towsend stated his property adjoined the property being rezoned. Mr. Townsend stated he was against the rezoning and also would like to have the case heard tonight. Councilman Mills moved, seconded by Councilman Freemaf!, to delay PZ 78-37, until January 8, 1979. Motion failed 4-3; Councilmen Freeman, Mills and Wood voting for; Councilmen Michener, Cato and Councilwoman Reeder voting against; Mayor Faram voting against to break the tie. Mr. Marion Massey appeared before the Council to represent this case. Mr. Massey showed a map of the area. Mr. Massey stated the property in question was in the North Hills Addition, adjacent to the city water tower. The property to the north is zoned IF-9, on the east side is IF-I2. Mr. Massey stated his client had four lots and wanted to build duplexes. Mr. Massey passed out pictures of the property. Mr. Massey stated he felt these lots were unsuitable for one family homes. Mr. Massey stated the highest and best use of the property would be to build duplexes. Mr. Massey stated the duplexes. would be individually owned. The owner would live in one side and rent the other. Mr. Forest Grubb, Planning and Zoning member now present. Councilman Mills asked about access to the property. ..¡ December 11, 1978 Page 3 Mr. Massey stated a culdesac would be built and traffic would come in the same way. Councilman Cato asked what street came into the lots. Mr. Massey stated Wendell Drive. Councilman Freeman asked if Wendell was shown to go all the way thru. Mr. Britton stated Wendell was not shown as a thru street on the . Councilwoman Reeder asked how far the lots were from the apartments located on Wendell. Mr. Massey replied the apartments were about five blocks away. Mayor Faram called for those who wished to speak in opposition of this request to please come forward. Mr. Albert Alford, 3508 Wendell, appeared before the Council. Mr. Alford stated he had purchased his home in June of 1966· Mr. Alford stated he chose the area very carefully to raise his family. Mr. Alford stated he was in opposition to this request for several reasons, one is the traffic problem in the area and two was that he felt it would de-value his property. Mr. Alford stated there was also a water problem in the summer. You could not run a washing machine or take a shower. Mr. Jess Lowdermilk, 6009 Tourist Drive, appeared before the Council. Mr. Lowdermilk stated his house was located west of the ~ater tank. Mr. Lowdermilk stated hè ;had a stockade fence around his house but it was not to hide the view it was because he had a swimming póol. Mr. Lowdermilk stated the size of the duplexes was not why. he was opposed, but because of the multi family. Mr. Lowdermilk stated he had rather view the water tower than the duplexes. Mr. "Eddie Hinds, 3513 Wendell Drive, appeared before the Council. Mr. Hinds stated he lived across the street from Mr. Lowdermilk. M~.Hinds ~tated he was of the same opinion as the others who Had spoken "tonlght. Mr. Hinds stated he bought his house in this area because all the other houses were one family. Mr. Hinds stated he felt that if the duplexes were built it would increase the traffic problem that exists now. Mr. James Garrett, 3509 Wendell, appeared before the Council. Mr. Garrett stated he felt building the duplexes would make the traffic problem increase. Mr. Garrett stated he would have never bought in the area if he knew duplexes would be built in this area. ..¡ December 11, 1978 Page 4 Mrs. Jack Karter, 3504 Wendell, appeared before the Council. Mrs. Karter stated the Addition being discussed was not North Hills Addition as previously had been stated. Mrs. Karter stated the price of the homes in the area were from $40,000.00 to $60,000.00 range. Mrs. Karter stated she was in the opinion that if duplexes were built it would increase the traffic. Mrs. Karter stated she did not think it was fair to the present homeowners to allow duplexes to be built. Mr. Raymond Berber, 3517 Tourist, appeared before the Council. Mr. Barber stated he was against duplexes being built in the area. Mr. Barber stated he felt it would increase the traffic. Mr. W. T. Pan, 5949 Tourist, appeared before the Council. Mr. Pan stated he lived at the top of the hill on the corner where proposed duplexes are to be built. Mr. Pan stated the traffic was terrific already and would perfer duplexes were not built. Mr. Jamie Nicoloff, 3505 Wendell, appeared before the Council. Mr. Nicoloff stated he had just moved to the area and thought he was making a good investment. Mr. Nicoloff stated he did not like the idea of duplexes being built. Mrs. Betty Box, 6105 Wendell Court North, appeared before the Council. Mrs. Box stated she had just moved to the area and was very proud of her home. Mrs. Box stated she had paid $60,000.00 for her home and did not want to see duplexes built in the area. Mr. George Townsend, 3512 Tourist, appeared before the Council. Mr. Townsend stated his property joined the property in question on the south. Mr. Town~end stated he fèlt that if duplexes were built it would lower the value of his property. Mr. Townsend stated it would b~ rent property and he was against rent property. Mayor Faram stated that for the record, Mr. Harris Cleer-e, Mr. Bobby J. Rowe and Carol Burch, were against the request. for duplex zoning. Councilman Cato stated he would like for Mr. Grubb, Planning and Zon~ng Member, to speak on this case. Mr. Forrest Grubb appeared before the Council. Mr. Grubb stated this request had been heard twice previously before the Planning and Zoning Commission and had been denied. This was the first time it had ever been appealed. Mr. Grubb stated he did not think duplexes would de-value the property. .... Mayor Faram closed the public hearing. 7. Councilman Wood moved, seconded by Councilman Michener, to deny PZ 78-38. Motion carried 6-0. 8. Miss ~1ary L. Cole, 1008 West Murphy, Colleyville, appeared before the Council. Miss. Cole stated she had built a new house at 1008 West Murphy and would like for North Richland Hills to furnish her with water service. Mayor Faram asked if North Richland Hills was presently serving the area with water. MissCöle stated there was a water line that ran down the street in front of her house. Mayor Faram asked if Colleyville was unable to serve her home with water service. Miss. Cole stated Colleyville was unable to furnish water service. Councilman Freeman asked if Miss Cole's house was the only one in the area requiring water service. Miss ,Cole replied it was the only new house, everyone else in the area had water service. Councilman Freeman asked who serviced the houses around her house. Miss Cole replied North Richland Hills serviced the other houses in the area. Councilman Freeman stated the map showed the 2 inch line stopped at the City Limits of North Richland Hills. Mr. Perkins, City Engineer, stated that all of the area east of Precinct Line Road has always been served by North Richland Hills. Mr. Perkins stated North Richland Hills had two wells in that subdivision that served that area and some houses in North Richland Hills. Councilman Freeman asked when Colleyville was going to take over the water service. Mr. Perkins stated there had been some discussion by COlleyville on purchasing the wells and that portion of the system. ..¡ December 11, 1978 Page 5 CONS IDERATION OF ORDINANCE FOR PZ 78-3~ DENIED CITIZENS PRESENATION MISS MARY L. COLE REQUESTING WATER SERVICE TO HER HOME IN COLLEYVILLE APPROVED Councilman Freeman asked if there had been a presure problem in thi.s,mrea last year. Mr. Perkins stated there was no pressure problem. Mr. Cole, Miss .Cole's father, appeared before the Council. Councilman Freeman asked Mr. Cole ~ince B\two inch¡line was already there, did he just need a tap. Mr. Cole replied the two inch line was there and they only needed a tap. Mr. Cole stated he and some of the neighbors paid for the line when it was put in. Councilman Cato asked if there would be any problems tying Miss Cole into the line. Mr. Perkins replied there would not be any problems. Councilman Cato asked if there would be a problem with Colleyville. Mr. Perkins stated Colleyville would be happy for North Richland Hills to furnish the water service. Councilman Michener moved, seconded by Councilman Wood, to grant Mi ss Cole I s request for water service. Motion carried 6-0. 9. Mr. Lynn. Levitt, 2824 .\~interhaven, Hurst, appeared before the Council to represent this request. Mr. Levitt stated the church was located at Loop 820 and Rufe Snow Drive. Mr. Levitt stated they were adding an Ed~cational Complex on the east end of the existing structure. The church had been built since 1970, but the property had never been platted. Mr. Levitt stated the property had to be platted and he was asking the Council for final plat approval with one exception to the requirements of the City Engineer. Mr. Levitt stated the plat came through Planning and Zoning with a letter requesting that the church pay a pro rata share on the existing sewer line. Mr. Levitt stated his reason for asking for the exception was that it was an existing sewer line and the church paid a tap fee on the line in April of 1969. Councilman Mills stated there was 1 7/10 acres going to remain unplatted. Was it going to be platted? Mr. L~vitt stated the 1 7/10 acres would remain unplatted at this time. ." December 11, 1978 Page 6 PS 78-84, REQUEST OF RICHLAND HILLS CHURCH OF CHRIST FOR FINAL PLAT OF LOT 1, BLOCK 25, SNOW HEIGHTS ADDITION APPROVED December 11, 1978 Page 7 Councilman Mills asked if the additional building would require another entry into the existing sewer line. Mr. Levitt stated another tap would have to be made into the existing line. Councilman Michener asked if the church would be tying on to the same line that they were presently using. Mr. Levitt stated they would be tying into the same line presently being used, just moving down the street. Mr. Forrest Grubb, 7716 Terry, member of the Building Committe for the church appeared before the Council. Mr. Grubb stated there was 1,450 feet of sewer line, at $4.00 a foot and this was a tremendous expense since the church was already tapped into the line. Mr. Grubb stated he requested the Council to waive the requirement for pro rata share on the sewer line. Councilman Wood asked Mr. Perkins to speak on his letter dated November 9, 1978. Mr. Perkins stated the ordinance required that any property that is platted is required to pay pro rata on any existing boundary for water and sewer facilities. Councilman Mills moved, seconded by Councilwoman Reeder, to approve PS 78-84, with a waiver of the requirement for the pro rata share of the sewer line. Councilman Mills asked if the city had any record." of showing a tap fee was paid on a certain portion of the property. Mr. Perkins stated the Utility Department would have the records. Mr. Perkins stated that if the facility that is there now was put in in 1969, Tarrant County Water Supply would have the records. Mr. Levitt stated that in 1969 the church paid $255.00 for a sewer tap and $1,125.00 for a water tap. Councilman Cato asked if the church was tied onto the sewer line at the south end of the property. Mr. Levitt replied yes. Councilman Cato stated this subdivision of Snow Heights was developed by Mr. Joe B. Owen and he donated the property to the church after having put in the sewer line. Councilman Cato stated he felt certain the church and those around the church paid for the line long ago. ¡ December 11, 1978 Page 8 Councilman Cato stated the placement of the sewer line and the fire plug was not shown on the plat. Mr. Perkins stated the fireplug and sewer line were shown on the second plat that was submitted. Councilman Michener stated he wished to abstain from voting because he was a member of the Building Committee for the church. Councilman Freeman stated he wished to abstain from voting because of being the contractor on the building. Mayor Faram granted Councilmen Michener: and Freeman permission to abstain. Motion to approve PS 78-84 was approved by a vote of 4-0. 10. Councilman Michener moved, seconded by Councilman Freeman, to approve PS 78-86, subject to the Engineers' letter, of November 20, 1978, requiring pro rata assessment. Motion carried 6-0. PS 78-86, REQUEST OF REGENCY HOUSING T.L.I INC., FOR FINAL PLAT OF BLOCKS 21, 22, 23 24 AND 25, COLLEGE HILLS ADDITION APPROVED 11. Councilman Cato stated two bills for the study had been received arid the fund was $211.85 short. The money would be put back into the General Fund Surplus when donations were received. REQUEST TO FUND $211.85 FOR AIRPORT STUDY FROM GENERAL SURPLUS FUND APPROVED Councilman Catò moved, seconded by Councilwoman Reeder, to approve $211.85 from General Surplus Fund for the Airport Study. Motion carried 6-0. 12. Mr. Doug Long, Engineer, appeared before the Council. Mr. Long s ta ted ' tha t only three bi ds were received. Mr. Long stated the low bidder . was 'Leona rd Haze 1, I nc., but he wou 1 d 1 i ke for the bid to be awarded to J. D. Griffith Construction Company.. Mr. Griffith was low bidder on the storm sewer and city participation on the oversizing would be less by accepting Mr. Griffith's'bid. Councilman Mills moved, seconded by Councilman Wood, to accept the second low bidder, J. D. Griffith Construction Company, City participation to be $18,548. Motion carried 6-0. CONSIDERATION OF BID: FOR WATER AND SEVIER IMPROVEMNETS FOR SECTION 2, HOLIDAY WEST ADDITION APPROV ED Mayor Faram called a fifteen minute recess. RECESS Mayor Faram called the meeting back to order. The same Council CALLED SACK TO members and staff were present as recorded at thE: beginning of ORDER the meeting 13. Councilman Freeman moved, seconded by Councilman Wood, to approve Estimate No.3, in the amount of $125,769.30 to Tank Builders Inc. Motion carried 6-0. 14. Councilman Freeman moved, seconded by Councilman Wood, to approve payment to Red River Construction Company, Estimate No. five, in the amount of $12,241.32. as recommended by the City Engineer. Councilman Mills asked why the éonstruction price was not as'much as the total contract price. Mr. Perkins stated some equpiment had not been delivered and not yet claimed by the contractor. Councilman Mills asked if there would be any more delays. Mr. Perkins stated he anticipated no more delays. Councilman Michener stated the agenda had payment in the amount of $12,241.32 and the estimate stated $12,242.36. Mr. Perkins stated the amount should be $12,242.3.6. Councilman Freeman amended the motion to state $12,242.36. Motion as amended carried 6-0. 15. Councilman Freeman moved, seconded by Councilman Wood, to approve payment to Red River Construction Company, Estimate No.5, in the amount of $56,837.23~ as recommended by the City Engineer. Councilman Freeman asked why there was a difference in the estimate. On page one the amount due stated $56,837.23, on page two it stated $58,828.65. Mr. Perkins stated Red River's draft estimate was incorrect. The computerized estimate of $56,837.23 was correct. Motion to approve carried 6-0. 16. Mr. Perkins stated this item had been discussed previously in a work session with the property owners around Nor'east Drive. The revision to the Master Thoroughfare Plan is to delete Nor'east as a secondary collector street. Mayor Faram asked if it \'lOuld be premature to (Ü~Op Nor'east as a secondary collector street. Mr. Perkins replied no. December 11, 1978 Page 9 AUTHORIZATION TO PAY ESTIMATE NO. THREE (3), IN THE AMOUNT OF $125,769.30 TO TANK BUILDERS, INC., FOR 2 .MGGROUND ' STORAGE RESERVIOR APPROV ED AUTHORIZATION TO PAY ESTIMATE NO FIVE (5). IN THE AMOUNT OF $12,241.32, TO RED RIVER CONSTRUCTION COMPANY, FOR WATAUGA DRIVE BOOSTER PUMP STATION APPROVED AUTHORIZATION TO PAY ESTIMATE NO. FIVE (5: IN THE AMOUNT OF $56,837.23 TO RED RIVER CONSTRUCTION COMPANY, FOR THE FORl WORTH-WATAUGA SUPPLY LINE AND WATER DISTRIBUTION SYSTEM EXTENSION APPROVED APPROVAL OF REVISION OF THE MASTER THOROUGHFARE PLAN DELAYED December 11, 1978 Page 10 After discussion, Councilman Mills moved, seconded by Councilman Wood, to delay action on this item. Motion carried 6-0. 17. City Engineer Perkins advised the Council that due to the growth of the city, both' the Water and Sewer map needed to be undated. Mr. Perkins stated the Sewer System Map had not been updated since 1971 and was very much out of date. CONSIDERATION OF AUTHORIZATION TO UPDATE WATER AND SEWER MASTER PLAN APPROV ED . Mayor Faram asked if there were any grant funds available for updating the map. Mr. Perkins stated there was no funding available. The city had received grant monies in 1976 for the water system map. Councilman Michener moved, seconded by Councilman Cato, to authorize the update of the Water and Sewer System Map, not to exceed $2,500. Motiom carried 6-0. 18. Councilman Michener moved, seconded by Councilman Freeman, to ápprove plans and'specifications~for 2.0 MG elevated waterstorage tank and authorize the letting of bids. Motion carried 6-0. CONSIDERATION OF PLANS AND SPECIFICA- TIONS FOR 2.0 MG ELEVATED WATER STORAGE TANK AND AUTHORIZATION TO GO OUT FOR BIDS APPROVED 19. Mr. George Thompson, Attorney, representing Mr. John Watson appeared before the Council. Mr. Thompson stated that Mr. Watson and Mr. Williams, Mr. Watson's Engineer were in the audience. " PRESENTATION BY MR. JOHN WATSON, BUILDER CONCERNING CONDEMNATION PROCEEDINGS Mr. Thompson stated the previous name used for this sub-division, when it was platted for the city,previously, was the Green Oaks Estates. The name has been changed to Londonderry. The property was previously plàtted and approved by the city in approximately 1975 under the namè of Green Oaks Estates. Mr. Thompson stated the only change in the plat is the addition of some lots along Bursey Road and the owner asked for a re-plat to be approved by the city. Mr. Thompson stated he was suprised when the city did not approve the re-plat, but came up with some new ideas. Mr. Thompson stated he would like to present some alternatives to the city for approval. Mr. Watson set-up maps showing alternates for drainage. .-( December 11, 1978 Page 11· Mr. Thompson stated the subdivision contained approximately 33 acres, when developed it will be luxury homes in the $100,000.00 bracket. Mr. Thompson stated the plan that was previously approved by the Council did not have the extra 10 lots. Mr. Watson stated the reason the Council would not approve the plan with the added lots was because of a .storm drainage problem. Mr. Thompson stated he would like to present some alternates. Mr. Thompson stated he would like for the Council to accept one of the alternates because the subdivision needed to get started. They had already lost approximately $60,000. Mr. Thompson stated the first plan was to drain all the water to the lowest point, a culvert under Bursey Road which "drains all the water off the 33 acres. Mr. Thompson stated the natural drainage goes across the property at the corner of Bursey Road and Valley Drive. All the water at this time drains across the property. This property was not in North Richland Hills City Limits at the time the house was built and there was not any engineering done on the property. Mr. Thompson stated the way the plan was drawn now the water would drain down the street to the culvert, go down Bursey Road approximately 100 feet and across the Patterson property as the water does at the present time. Mr. Thompson stated he felt the Council could not approve this plan because of the water drainage across the property. Mr. Thompson stated another alternative would be instead of draining all the water down the street, a flume could be put in and divert the water from approximately one-half of the acreage, cut it through our property, give the city an easement, this would be approximately a four foot wide drainage area and- drain the water on down to Bursey Road, go down Bursey Road to the culvert. Mr. Thompson stated alternate III is the plan he understood the city had been considering. All the water would drain in an northly direction 'and come down to the first intersectiqn south. of Bursey Road. At this point a störm sewer would be put in. The water would be fed off the street to the sewer andwòuld çome to Bursey Road, go down Bursey and to the existing culvert"moving 100 foot dôwn Bursey Road and put in a new culvert under Bursey Road. Mr. Thompson stated it was very expensive to put in underground drainage. . Mr. Thompson stated the fourth:alternative, which he felt was the best system and felt everyone would be satisfied with would be to use the flume system and drain one-half the acreage down Bursey Road and the other half like it is at the present time, using'the culvert that is presently being used. One-half of the property would be drained through two flumes, a new culvert put under Bursey Road q.nd trench across the cicy owned property and drain the water into a lake on the property. None of the wateï' would be on the other property. December 11, 1978 Page 12 Mayor Faram asked Mr. Thompson how many acres east of the proposed open drainage would be draining into the culvert. Mr. Thompson replied about 15 to 17 acres. Mayor Faram asked Mr. Thompson if he proposed anything, on the other 15 acres other than what existed. Mr. Thompson replied no. Mayor Faram stated primarily the Council was concerned with the calculation of flow in the development of the property. Mayor Faram stated it was true you would not have any more water falling on the property, but you have accèleration of flow. Mr. Thompson stated that only half of "the property would be accelerating. Mayor Faram asked the City Engineer if he agreed with Mr. Thompson. Mr. Perkins stated he could not be sure because he had not analyzed it from the standpoint of drainage design. Councilman Cato asked the City Engineer if he had a ratio of run-off as developed land verus undeveloped land. Mr. Perkins replied about 66% more. Councilman Cato stated there would be an increase constituted by half of the land developed draining through the old sys tem. Mr. Thòmpson asked Mr. Watson's Engineer to answer Councilman Cato's question. Mr. Jim Williams, Farrington and Associates, appeared before the Council. Mr. Williams stated that in his drainage calculations the amount of rún-off"by developing this propertywould increase by a factor of two. Mr. Hilliams stated in essence, if you take take half the drainage away you end up with the same amount of water at the culvert. Councilman Freeman asked Mr. Williams if he had the calculation before development. Mr. Williams stated he did the calculation only after development. Councilman Michener asked if any of the alternates had been discussed with the property owners in the area. Mr. Williams replied only alternate II. '1t December 11, 1978 Page 13 Mr. Williams asked if he could give a brief description as to what had happened thus far. Mr. Williams stated a number of things had happened that ,be was not sure the Council was aware of. Mr. \~illiams stated durtng the preliminary phases of the subdivision they had approached the city with alternate I which is essentially a curb opening to outfall all the drainage into the existing culvert, granted you would get approximately twice the water. Mr. Williams stated this solution was not acceptable from that standpoint. Mr. Williams stated they came back tò the city with what they now call alternate II, which was a drainage flume arrangement combined with street flow. The city advised them that a concrete flume was not a workable solution and it was recommended that we use a pipe system as was presented in a previous submittal on this piece of property. Mr. Williams stated this submittal was submitted by another Engineer at a much earlier date, it was approved as Green Oaks Estates. Mr. Williams stated he endeavored to find out what kind of system had been used so he would know what he was shooting for in his design. Mr. Williams stated it seemed that the public record contains no plans for the previoús system nor did the City Engineer have any plans for the previous system. In an effort to quit trying to guess what was going to be acceptable, Mr. Williams stated he talked to the city staff to see what solution would be acceptable to the City of North Richland Hills and came up with what is now being called alternate II. Mr. Williams stated they had not had engineering problems, but problems in obtaining easements to outfall the water. Mr. Wi1liams stated he did not know whether Mr. Watson was responsible for water down stream or not. In any event Mr. Watson could outfall his water, through a flume in a straight concept at a cost of approximately $10,000.00 and it could fall into the existing culvert.on Bursey Road. Mr. Williams stated he felt that any expense incurr~d over $10,000.00 the city would be in a position to participate in the added cost. Mr. Williams stated he had heard there were future plans to widen Bursey Road to a 37 foot, four lane thoroughfare at such time the street was developed the city would have a drainage problem. Mr. Williams stated that if Mr. Watson did not develop his property the city would have to take care of the drainage and the city would have to take care of it at 100% city cost. Mr. Williams stated that by virtve of Mr. ~latson developing his project prior to the city making street improvements Mr. Watson is being asked to foot the bill for added storm drainage expense and acquire the easements. The acqui s Hi on of the easements is a problem, not an engineering problem but could certainly become a legal problem. Mr. Williams stated he understood there was a meeting last week with Mr. Watson and city staff members where there were alternate solutions discussed. One solution was to take the system as "it is currently drawn and extend the system from the proposed outlet on the south side of Bursey Road, extend the system to 100 to 200 feet west along Bursey Road, then under Bursey Road and outfall on the city property. This solution would be agreeable if the city was willing to bfre the additional expense. This is an expense the city would have to bare 100% were not for Mr. Watson's development. Mr. Williams stated as an alternate he would suggest that the same flow could be maintained through the culvert by taking approximately half the flow out of the subdivision via a flume concept and turn it loose on city property "then discharge the remaining water through the culvert without increasing the amount of water that is currently there. Councilman Mills asked Mr. Williams if he had looked beyond dumping the water on city property as to what would happen down stream. Mr. Williams replied that he had looked at it but not in detail. Councilman Mills stated Mr. Williams was asking the Council to make a decision with very little information. Mr. Williams stated the water would go across the city property and Mr. Barfield was located down stream from the city property and there is a tank located on Mr. Barfield's property the water Gould outfall into, if Mr. Barfield is agreeable. Mr. Williams stated there was a tract of land owned by Mr. Huffstetter which also has a tank on it; this would be a good place to outfall the drainage system. Councilman Mills asked Mr. Williams if he was saying that it was the city's problem below Mr. Watson's property. Mr. Wi 11 i ams s ta ted hereques ted tha t the c ity bare the finåncial_p.espo~sibility of any extended system. Councilman Cato asked how far would you have to go to get the water to drain to the west. City Engineer Perkins stated that if you moved to the west you would be getting into another water- shed. Councilman Freeman asked what would happen if the water was drained to the south. City Engineer Perkins replied the water would be part in Calloway Branch and part in Walker Branch. Mayor Faram asked Mr. Williams if the proposal proposes that Mr. Watson stop his work at the culvert under Bursey Road. Mr. Williams replied yes. ..¡ December 11, 1978 Page 14 December 11, 1978 Page 15 Mayor Faram stated the water would not drain straight through the city property, it would drain on the property that is adjacent to the east. -- Mr. Williams stated they would do the work, but expect the city to pay for it. Mr. Ken Jendel, 8017 Valley Road, appeared before the Council. Mr. Jendel presented a petition to the Council. (Copy attached as permanent record) Mr. Jendel stated the people in the area were Dot against development. Mr. Jendel stated they felt their rights were being infringed upon. Mr. Jendel stated the area was developed before being taken into the city. Mr. Jendel presented the Council with a map he had drawn of the area. Mr. Jendel stated that since the beginning of the petition he had found out that the city-owned the property directly to the west of his property. The city owned property would be developed by building a water tower, thèhouse on the property would be sold. Mr. Jendel stated he wanted to work with the Council to help solve this problem. Mr. Jendel stated he felt that draining the water above ground was totally uncalled for. Mr. Jendel stated he felt it was an expensive price to pay for progress. An open ditchwould be unsanitary, property damage would occur both in real property and improvements. Mr. Jendel stated he had heard people who were experts in thèœr field but did not live in the area. The people living in the area now know what the water does now. About a 2~ inch rain causes the water to come from three directions. Mr. Jendel stated in addition to the 33 acres, it is his understanding, that as many as 50 acres would drain through the pipe. Mr. Jendel stated the fall lines were not quite like they had been outlined before. They do go beyond and to the south; they do not stop at the property line."It goes to the west also. Mr. Jendel stated he would 'like to offer an alternate plan for the drainage. Mr. Jendel stated he fëlt it would cost less to run underground pipe on the city-owned property adjacent to the west side of the property line of Palmer, Eddy and Jendel1, behind the barn on the Huffstetter property. At a:-that point there is a pond; let it drain into the pond. There is a drainage ditch behind the pond and the larger amount of water could drain on down to a pond on Barfield's property. Mr. Jendel asked Mr. Barfield to explain how the water would hit the pond. Mr. David Barfield, 7308 Continental Trail, appeared before the Council. Mr. Barfield stated he was a builder and developer and could sympathize with Mr. \~atson and his situation. . l Mr. Barfield stated his lateral field was located west of the Huffstetter's barn and he did not want any surface water coming across at that point unless it was channelized or in an underground culvert. Mr. Barfield stated he did not object to the water being drained into his pond. Mr. Barfield stated he :would appreciate it if a culvert was put in across his property to the existing ditches. Councilman Mills asked Mr. Barfield if he meant a culvert to the existing ditch line that enters into the pond. Mr. Barfield stated he did not object to a culvert on his property as long as it was underground and did not disturb his lateral field. Mr. Richard Hudler, 7317 Continental Trail, appeared before the Council. Mr. Hudler stated he was a builder also and could sympathize with Mr. Watson, but when water was apparently going to enter his house he had to stand up and be spoken. Mr. Hudler asked what size pipe was being discussed in alternate III. Mr. Williams stated they were talking about 39 inch pipe. Mr. Hudler stated that in front of his house there was an 8 inch pipe. Right now with a heavy rain the water comes over the Continental Trail area a foot to 1/2 foot deep. Mr. Hudler stated he had seen water up to his front door. Mr. Hudler stated that with another 30 or 40 acre development the water would come into the house. Mr. Hudler stated he thought the water should go through some type of under- ground system through the existing project into Bear Creek. 20. Mr. Dale Eddy, 809 Valley Drive, appeared before the Council. Mr. Eddy advised the Council his wife Sandra Eddy would speak on this item. Mrs. Eddy stated her reply to the prospect of flooding barns,: homes, trash and other contaminates being deposited in backyards, the property de-valuation. Mrs. Eddy stated these are some of the reasons the people were dis-satified with the city and Mr. Watson's present plan, which would be alternate III. Mrs. Eddy stated an open ditch would be a nuisance and cause erosion. Mrs. Eddy stated that in addition to all this, any open ditch or open 38 inch pipe would create a hazard to children and animals in the area. Also the channel would destroy, directly or indirectly, several trees on the property. Mrs. Eddy stated the flow channel would extend 125 feet on her property and the water would run-off on the Jendel's property. " December 11, 1978 Page 16 CITIZENS PRESENTATIOI MR. OR MRS. DALE EDDY CONCERNING CONDEMNATION PROCEEDINGS December 11, 1978 Page 17 Mrs. Eddy stated Mr. Jendel'~ barn had been flooded once and the city has substantially increased the problem by directing greater run-off on the area due to decreased observation ànd accelerated run-off. Mrs. Eddy stated more water would make the situation intolerable creating flooding. Mrs. (ddy st~ted ~ letter was written to the city December 9, 1978, WhlCh dld not get answered, she wanted some items clarified. Number one was who would maintain the ditch when soil erosion starts, no matter-where it is located. In periods of heavy rain there would be a muddy mess, which all of these items relate to a continuing nuisance which is one of the primary complaints. Mrs. Eddy stated she would be in favor of the proposal presented by Mr. Barfield, Hudler and Mr. Jendel which was to run an underground pipe on the city property. Mrs. Eddy stated she would also agree with the comments that Mr. Palmer will present next. Councilman Wood asked Mrs. Eddy if she signed the petiti on. Mrs. Eddy replied she signed the petition. Counci lman Wood asked Mrs. Eddy if she woul d feel consi derate of the city spending $50,000.00 of the tax payers money for this particùla~ solution that has been offered, and if she lived in another addition, how would she feel about the city spending another $50,000.00 to develop another area. Mrs. Eddy stated that if the city could not afford to develop land properly, for the use of all citizens now and in the future, the city should not be doing it now. Councilman Wood asked Mrs. Eddy who was developing the property. Mrs. Eddy stated Mr. Watson was, but Mr. Watson as well as any- other developer that comes in, if the city does not want to pay the amount involved, I understand there is a solution where anyone whò buys a lot can contribute so much toward the sewer system or the drainage system in this case. 21. Mr. William C. Palmer, 7325 Bursey Road, appeared before the Council. Mr. Palmer stated he would like to make a few remarks concerning alternate III. Mr. Palmer stated this plan called for an underground condùit under Bursey Road midway on his property. Mr. Palmer stated that at the October 9, 1978, Council meeting the City Engineer was asked what would happen if nothing was done about the drainange and it was left as is and he responded at that time that it would cause considerable flooding and property damage. Mr. Palmer stated this plan essentially does CITIZENS PRESENTATIOI MR. OR MRS. WILLIAM C. PALMER CONCERNING CONDEMtIA TI ON PROCEEDINGS '.,¡; December 11, 1978 Page 18 nothing, it brings the pipe midway on his property and opens it up and the water éontinues on the property. Mr. Palmer stated his property should not have been considered for condemnation. Mr. Palmer stated the reason being r1r. Watson first went to the Patterson's and discussed an easement with them and they wanted too much money for the easement. Mr. Palmer stated it was his understanding it would be too much trouble to deal with the Patterson's so r~i1,., Watson proposed to divert the water further west and take it across his property not· all the way'but part way and dump it. Mr. Palmer stated he fel t. it was unnecessary, arbi trary}and discriminatory to do what Mr. Watson wanted to do. Mr. Palmer stated he was not against city progress, city growth or Mr. Watson. Mr. Palmer stated he favored alternate IV, provided it would take the drainage underground as Mr. Jandel outlined. Mr. Palmer stated that he thought that in the long run if the city had to pay $50,000.00 it would be worth it. Mr. Palmer stated that any time you had open d~tch drainage it was going to require periodic maintenance. Mr. Palmer stated he would ask the Council to consider II underground drainage as the best long range solution. Mr. Palmer stated he would take the same point of view if the problem was on the other side of the city. Mayor Faram stated there were some points he would like to discuss, therefore the Council would depart from the rules for discussion. Councilman Michener stated he felt the Council would be premature to instigate any k¡jmd of condemnation tonight. Councilman Michener stated he was surpised there had not been an engineering study made. Councilman Michener stated he felt the Council needed the expert advice: of an Engineer to tell us what will work best for everyone involved and he did not feel like the Council had that advice tonight. City Engineer Perkins stated he had addressed what would work best at the last Council meeting. Mr. Perkins stated he did not give any cost estimates, but the best solution would be to run the drainage pipe underground from Little Bear Creek all the way up to the subdivision. Councilman Michener asked if it would cost in excess of $100,000. Mr. Perkins stated it would be in excess of $100,000. Councilman Michener asked how long it would take to get good sound calculations, facts, and etc. "i December 11, 1978 Page 19 Mr. Perkins stated it would take about two months. Councilman Freeman asked the City Attorney to comment on the liability of the city if the drainage is changed on any of the plans other than the natural flow as it now stands. City Attorney McEntire stated it was his recommendation to stay away from diverting the natural flow of water. If the Council is going to divert the natural flow, Mr. McEntire advised that he would certainly want a real strong engineering study that could assure that no one would be flooded. Mr. McEntire stated that the Council would not be liable for the natural flow. Mr. McEntire stated that if the Council was talking about spending a substantial amount of money, unless it is lying around someplace where the Cpuncil would hold a hearing in two or three weeks to amend the budget, or it will be next October before a plan could be approved. . Councilman Wood stated it had been brought to his attention that Green Oaks Estates had never platted or the street may not be dedicated. City Attorney McEntire stated the Council could have problems if the property was not platted or the streets dedicated. Mayor Faram asked Mr. Watson to come forward. Mayor Faram stated that Mr. Watson and the staff had discussed an alternate plan on Thursday. Mayor Faram asked Mr. Watson if that plan was unacceptable. Mr:,Watson stated that from a cost standpoint it was going to add approximately $40,000.00 to the plan, Alternate III. Mayor Faram asked if the major portion of the cost was for channel work. Mr. Watson replied the cost would be for the underground pipe. Mayor Faram stated he did not think the city had the money to enter into such a drainage project, it was not budgeted for. Mayor Faram stated that if the city was going to get into development of property such as this, it had been pointed out that most of the easy develpped property in North Richland Hills has been developed so there is going to be more drainage problems until it is complete. Mayor Faram stated that if the city started spending $50,000.00 to $100,000.00 for every plat the city would go bankrupt. Mayor Faram stated the city had enough problems to take care of, such as thoroughfare streets that have not been completed by the last bond program, the money ran out. , " PET I T ION TOI THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS \ We, the undersigned taxpaying homeowners and registered voters residing in Green Valley Estates of the City of North Richland Hills, hereby petition the Mayor and City Council to reconsider their proposal to condemn 'private property for an open ditch and free flow over other property easement for a new sub- di vi sion being developed by John \rJatson of Arlington, Texa~) which is planned to divert and to channel water drainage from paved streets and land across said property instead of drainage pipe down Valley Drive to Little Bear creek, Valley Drive being ~ public thoroughfare.' The present plan proposed by the City for an open ditch, free flow drainage of the channeled water from the new subdivision would create a continuing nuisance, result in extensive flood damage to private property during heavy periods of rainfall, and would deny the full use of said property for the benefit and enjoyment of the owners. The said potential for flood damage having been outlined by the City Engineer during testimony and questions from the Council during its meeting of October 9, 1978. We, the undersigned homeowners believe the action proposed by the Mayor and City Council to be an arbitrary, excessive, and an unnecessary exercise of condemnation proceedings against private residential property when other feasible alternatives are available for consideration one of which would not result in destruction of private property that of carrying the drainage through underground pipe down Valley Drive, which according to testimony by the City Engineer during the Council meeting of October 9, 1978 would amount to about $100,000 an amount which ., should be shared jointly by the City, and by the Developer who st~"lds to ben~..~i t handsomely from promotion of the new subdi vi siorr In addition, it would be far easier for the Ci ty to maintain I an understreet drainage system from the standpoint of accessibility for heavy equipment which if it had to be used at some future time over private property would again result in damage and inconvenience to the property owners. Therefore, we the undersigned petitioners respectfully re- quest the Mayor and City Council to reconsider, and to allow :Cor a spokesman for our community to be heard before the Council at its regular meeting on December 11, 1978, or any other meeting prior to the Council's consideration}f condemnation procE:~edings. Submitted this I/-cl day of _~{!¿Hv{01j/1978. 1 NOTICEI Asterisk beside nrone indicates ~l interQsted,registered voter of North Richland Hills, outside Green Valley Estates. NAME ADDRESS _~J~ l~ {2;v1I'4{;f~ " ~O;)3 (/ç1iØv J}i~ ~. ,th./ ({ /, J3d':rriWteh¿'J¿ ,/¿'Os )¡¿_dtdt£"/ JtìÓc::L/ ;,1 NAME ~ ( IÍ7 If '-d- ,; I --;;00 A ¡-;- _ 1\. t3ft. YlâJ L:+1/~~~ ¿j~J )' l ~(¿j]~/ ~ ¡ -7f¿qJ!Z-<J~/c-/ ~ì~~'¿:~'- _~~,,~;;rJY;:'1-'7 i¿.,., , ADDRESS 8'0 I ¿; ti: " /~"(A /lfÞv, 6Yð,/ 6 ¿ /:}-/l¡¡rZ)/~1 ":'C:'" .,-r ~. ~. _i~,.~·,. ,~~:.:;,\~ ""(-:f'~¡~~-.;.. ',-7"C.;;"~1..,\j;;;~- -, '~~ " hkuv J CZvrv~,d (J.i2" J? 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B'UMe~ 1A, ! 71 / 4~ ,tf~(j ;1/, - (\ , \ , '/ /,) ,) ,,/ ¡"".I {\ ,.',1 ADDRESS ¿::/c":!)? cr ¡??j Ie¡ /... \. /1 < ì '-7 .. . ) ( / . Î.. ' ' ,. ')".,.{ t ,'.<.):cl J..), J, I. ..... , .... ,'/ / ' . , 75.J..ð h /~- J6~~~~ /i (/ /. ,-' I"~,· ,~,. .-', ~') ",.r"., l" ~ " ' " /"'j~'"""\..' .ul_J l:..,L..I.~(:./~ ,.i... I ..-....L.. ..J,.I(,;,..> ~- . /} ....-.-;: 7 I ..J ..J ~ J I' ') ;.. ,. / \, .'" v ,1/ /., /. /"/ -, I' _.) . J L' ,'.' "- i-··· .j ("..... ,'1...... ~í. , . , < _/ l 'ì Ie¡ ~-\ - .d-...~/~Lj /L), (/ . P '" '., ,,), '7 f h j' ûY!'Ir~-(,,:~'~!.'\. ,ß" ( . ". " '-, -) 9)' ( . ') ,,', ,I.; · ~ I \ ," ", .;.' . /'- ." ':" /' ( I / ? C ( //' ~ -/-< / , ,Z;{ /' 15'/'/ ('/ /,'...J~'/.' - . Mayor Faram stated that since the alternate was not acceptable to Mr. Watson and the city did not have the money to put in the drainage, the Council take no action on item 22. 22. Councilman Wood moved, seconded by Councilwoman Reeder, to table this item. Motion carried 6-0. Mayor Faram asked thatlithe developer get together with the City Engineer and work out a solution and bring it back to the Council at a later date. 23. Councilman Wood moved, seconded by Councilman Freeman, to approve canceling the December 25, 1978, for .. Christmas Holiday. Motion carried 6-0. 24. Mayor Faram adjourned the meeting of December 11, 1978. December 11, ,1978 Page 20 CONSIDERATION OF CONDEMNATION PROCEEDINGS FOR STORM DRAINAGE SYSTEM TABLED APPROVAL TO CANCEL CITY COUNCIL MEETING DECEMBER 25, 1978, FOR CHRISTMAS HOLIDAY APPROVED ADJOURNt~ENT Dick Faram - Mayor ATTEST: Jeanette Moore - City Secretary ...