HomeMy WebLinkAboutIR 8041 INFORMAL REPORT TO CITY COUNCIL MEMBERS NO. 8041
CO-ATE 244D To the Mayor and Members of the City Council November 26, 1996
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' Subject: DRAINAGE ISSUES AT 405 PARKDALE
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At the October 1, 1996 City Council Meeting, Mr. and Mrs. Benny Scott, residing at 405 Parkdale,
complained to the City Council about the lack of responsiveness regarding their concerns. Since
that time, staff has been in contact with Mr. and Mrs. Scott by telephone and letter and has met with
them on site on two occasions. Mr. Mike Groomer, Mr. Hugo Malanga, Mr. Doug Rademaker and
others have met with Mr. and Mrs. Scott on site in an attempt to resolve their remaining concerns.
There were two central issues expressed by Mr. and Mrs. Scott during their initial contacts with the
city more than eight months ago. One was a request for city permission to fill in the portion of their
private property at 405 Parkdale which lies within the designated flood plain. This request was
made to the Department of Engineering. The second issue was a subsequent request to correct the
existing drainage problem on Parkdale. Their concern was that storm water was running off
Parkdale and across private property on the east side of the street. This request was made to
Transportation and Public Works. Both departments responded to these requests in a timely manner
and followed through in accordance with established City policy.
The Department of Engineering correctly advised Mr. and Mrs. Scott that a significant portion of
their private property lies within the designated flood plain and could not legally be filled unless it
could be shown that the fill would not adversely impact other nearby properties. The Department
further advised that, in accordance with City policy, it was the property owner's responsibility to
have the necessary engineering study completed to support placing fill in the flood plain and to pay
for the actual cost of placing fill materials.
The Transportation and Public Works Department' responded to the drainage complaint and
determined that Parkdale was constructed in such a manner that storm water would nm off the street
during rainstorms and into and across private property. Mr. Stanley Scott, Superintendent of the
Street\Light and Signal Division, took necessary action to correct this problem. The Street Division
re-graded the street, installed asphalt curbing, re-barricaded the dead-end portion of the street and
redirected the storm water so that it now runs down the street and not into the yards of adjacent
property owners. The Street Division also agreed to repair any erosion that the street storm water
had caused to Mr. and Mrs. Scott's property. They agreed to reshape the slope on the side yard of
Mr. and Mrs. Scott's property, which involved considerable work and the placement of fill material.
The Street Division coordinated its work on the Scott's property with them. They were typically
present when work was being done and were cognizant of the work being done. The Street Division
clearly went the "extra mile" in attempting to satisfy the concerns of Mr. and Mrs. Scott and the
other residents of Parkdale, as well.
Mr. and Mrs. Scott expressed appreciation for the work done by the Street Division both to field
supervisors and to Mr. Stanley Scott and Mr. Hugo Malanga at our meetings whic 4FO-A t........
Mr. and Mrs. Scott's appearance at the October 1, 1996 City Council meeting.
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CITY
ISSUED BY THE CITY MANAGER FO WORTHr-TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8o4i
TE 26,
To the Mayor and Members of the City Council P November age 1996
2 of 2
PCX Subject: DRAINAGE ISSUES AT 405 PARKDALE
1873
Throughout the City's contacts with Mr. and Mrs. Scott, they have continued to request additional
services that we believed were beyond the scope of our obligations. They requested the city to
perform the flood plain study and to fill the flood plain at our expense. They requested the city to
construct an access roadway from Parkdale to the lower portion of their property which lies in the
flood plain. No such roadway exists now and none existed before the City began work on Parkdale
or the side yard slopes. They requested the City to clear brush, tree limbs, trash and other discarded
materials on their private property within the flood plain.
On November 14, 1996 Mr. Hugo Malanga and Mr. Stanley Scott met with Mr. and Mrs. Scott to
review their remaining concerns and advise them of our willingness to re-grade the slope. We
offered to do so because: (1) Mr. and Mrs. Scott had told us the slope was too sleep; and (2) the
Department of Engineering determined that we could lessen the slope without encroaching into the
flood plain. Because Street Division staff had initially erred in gaining only a verbal, and not a
written understanding of the work, and because of the confusion surrounding Mr. and Mrs. Scott's
ultimate expectations, we requested the Scotts to sign a written agreement for this additional work.
Mr. and Mrs. Scott have not signed the agreement and have decided to approach City Council
further to request additional work be done. The Scotts continue to allege that the City Staff has not
treated them properly, nor with respect, and that additional promises were made by various staff to
do additional work.
It is staff's position that the City met any obligation it may have had to correct the storm water
runoff problems from Parkdale and to repair any erosion this may have caused to adjacent private
properties, including the property occupied by Mr. and Mrs. Scott. The remaining issues of access
from the Scott's upper to lower lot, filling in the flood plain and overall property maintenance are,
in our judgment, the responsibility of the private property owner.
e -E 5 i-5—
L ' DR SIC110"ARY
Bob Terre]
City Manager FL WORTH R.
Attachments: (1) Letter to Mr. and Mrs. Benny Scott dated November 14, 1996
(2) Proposed agreement between City of Fort Worth and Mr. and Mrs. Benny Scott
ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS
FaTWaATTACHMENT FTH
November 14, 1996
Mr. and Mrs. Benny Scott
405 Parkdale
Fort Worth, Texas 76105
SUBJECT: PROPERTY LOCATED AT 405 PARKDALE
Dear Mr. and Mrs. Scott:
I wanted to follow up today's meeting in the field with a letter summarizing your
concerns and the City of Fort Worth's actions to date. As I see it, you have two
separate concerns regarding your property. One is storm water runoff from Parkdale
which was crossing your property and eroding the slope on your side and back yard.
The other is your desire to fill a large portion of your property that is within the
designated flood plain. You reported both of these concerns to the City.
I believe the work the City has done on Parkdale has solved the storm water runoff
problem across your property. I believe the Street Division has gone the "extra mile" in
correcting storm water erosion damage in your side yard and back yard.
The Street Division has worked with you to repair the erosion problem this storm water
runoff has caused on your property. My understanding from our recent meeting with
you is that you were satisfied with this work, except for the steepness of the slope on
your side yard and back yard. Although these slopes are less steep than they were
before we started work, we are willing to work with you to improve them further.
Your desire to fill the flood plain was your second concern. Due to flood insurance
issues, the City legally cannot permit any filling within the flood plain without an
engineering study showing that the fill will not adversely impact the flood plain. The
policy of the City is that the cost of this engineering study, as well as the placement of
the fill material, is the responsibility of the property owner.
With regard to the side yard and back yard slopes, we would like to satisfy you by
improving these slopes to the extent possible. At our meeting today I will be able to
show you that we can move the toe of the slope a considerable distance without
impacting the flood plain. This will reduce the steepness considerably, leaving you with
a slope of approximately 2Y2 to 1. 1 believe this will permit you to more easily maintain
vegetation growth on the slope over the long term, which is the concern yo,
to me at our previous meeting. PC1A I.
CITY SECRETARY
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT I .
THE Crry OF FORT WORTH * 1000 THROCKMORTON STREET * FoRT WORTH,—TEXAS 761 �-WORTH 62,,._._,"111' T&
(817) 871'-7800 * FAx (817) 871-8092
Cs Printed on recycled pane,
Mr. and Mrs. Benny Scott
November 14, 1996
Page 2
Because of the confusion that has developed regarding your concerns and our
subsequent actions, we need to reach agreement on our mutual responsibilities
regarding additional work to be done by City forces on the property at 405 Parkdale. If
we cannot reach mutual agreement on the remaining work to be done and subsequent
maintenance responsibilities, I will be unable to proceed with any additional work to the
property. I have prepared a written agreement stating our mutual responsibilities.
Sincerely,
Hugo Malanga, Director
Transportation\Public Works Department
HM:ry
cc: Mike Groomer, Assistant City Manager
Doug Rademaker, Engineering Director
CITY' SECG ETAR Y
FT WORTH" TR
...........
ATTACHMENT (2)
STATE OF TEXAS §
COUNTY OF TARRANT §
AGREEMENT
This Agreement is entered into by and between the City of Fort Worth
("City"), acting by and through Mike Groomer, its duly authorized Assistant City
Manager, and Benny Joe Scott and wife, Shirley Jo Scott, ("Citizen"), owners of
property located at 405 Parkdale Street in the City of Fort Worth.
WHEREAS, it has become necessary for the City's Department of
Transportation and Public Works to reshape an earthen slope located at and
near 405 Parkdale Street in the City of Fort Worth; and
WHEREAS, City and Citizen both wish to delineate their respective
responsibilities in terms of the reshaping and maintenance of this slope;
WHEREAS, both parties agree that it is necessary to release the City from
future liabilities associated with the maintenance of this slope;
NOW THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. City shall be responsible for reshaping the slope at 405 Parkdale Street
according to the attached drawing, which is attached to this Agreement as
Exhibit "A" and is made a part of this Agreement by reference.
2. After the slope has been.reshaped, the City shall provide initial hydromulch.
3. The fill used for reshaping the slope shall be of unclassified material.
4. Citizen shall be responsible for watering and maintaining the slope after the
hydromulch is put in.
5. Citizen shall be responsible for all the future maintenance of the slope,
including erosion, and the trees on the property at 405 Parkdale Street.'
6. City shall not be responsible for any trees which may be damaged or
destroyed during the reshaping of the slope.
7. City shall not be responsible for any other property damages associated
with or caused by the reshaping of the slope at 405 Parkdale Street.
8. City shall not perform any other work associated with the slope after the
reshaping of the slope is completed.
OFFICIAL RECORD
C I T'Y S E C R ETA
,1'?Y
FT. WORTH, TEX.
...................
9. Citizen releases and forever discharges the City, its officers, agents,
employees, and contractors from any cause of action or claim for damage
to Citizen's property, including but not limited to trees, landscaping and any
and all other improvements located on the property as a result of the above
described work.
10. This instrument and the exhibit attached constitute the entire Agreement
between the two parties. Any other oral or written agreement made by and
between the two parties which purports to vary the terms of this Agreement
shall be void. Any other amendments to this Agreement must be in writing
and approved by both parties to this agreement.
APPROVED AS TO FORM CITY OF FORT WORTH
AND LEGALITY
Assistant City Attorney Mike Groomer
Assistant City Manager
Date:
Benny Joe Scott
Bonnie Jo Scott
01"FICIAL RECORD
CITY SECRETARY
FT. MR1111"l, TEX.
2
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Mike Groomer, known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the City of Fort Worth and that
he executed the same as the act of said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of
Notary Public in and for the
State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas,, on this day personally appeared Benny Scott and wife, Bonnie
Scott, known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Notary Public in and for the
State of Texas
My Commission Expires:
OFFICIAL RECORD
CITY SEIRITA'IRY"'
3 FT. WORTH, TH.
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