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HomeMy WebLinkAboutCC 1980-12-08 Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, DECEMBER 8, 1980 - 7:30 P.M. l. Mayor Faram called the meeting to order December 8, 1980, CALL TO ORDER at 7:30 P.M. 2. Present: Di ck Fa ram Mayor ROLL CALL Jim Wood J. C. Hubbard Wiley Thomas Councilmen Bob Brady Dave Freeman Sharyl Groves Councilwoman S ta ff : Chuck Wi 11 i ams City Manager Jeanette Moore City Secretary Rex t·1cEnti re City Attorney Richard Albin City Engi neer Dennis Horvath Assistant City ~1anager Carl Greenfield Planning & Zoning Member Don Bowen Planning & Zoning Member Press: Joe Norton News Tribune Lynda Johnson Ft. Worth Star Telegram Kelvin Todd North Richland News Absent: Jim Kenna Councilman 3. The invocation was given by Councilman Hubbard. INVOCATION Mayor Faram advised there was a legal petition against items 10 and 12 and would require a 3/4 majority vote. Mayor Faram stated that since there was not a total Council present he would give the applicants the option of having the request postponed. Mr. Darrel Wood, attorney, representing case PZ 80-38, item 10, stated he would like for this request to stay on the agenda. Mr. Rick Cambell, representing PZ 80-36, item 10, asked that this request be postponed. 4. Councilman Thomas moved, seconded by Councilwoman Groves, to approve the minutes of the special meeting November 17, 1980. Councilman Hubbard stated that item 2 should read 1I1F-12 homes II. APPROVAL OF MINUTES OF THE SPECIAL MEETING NOVEMBER 17, 1980 APPROVED AS CORRECTED Motion to approve as corrected carried 6-0. December 8, 1980 Page 2 5. Councilman Hubbard moved, seconded by Councilman Hood, to approve the minutes of the special meeting ~ovember 22, 1 980. APPROVAL OF î1HJUTES OF SPECIAL MEETING NOVEMBER 22, 1980 APPROVED AS CORRECTED Mayor Faram stated that on page 2, section 2, it should state lIeast along the Railroad right-of-way. II Motion to approve as corrected carried 6-0. 6. Mayor Faram read the following proclamation: WHEREAS, the North Hills Mall has recently brought favorable comment and recognition upon itself and this City by earning the IIt1AXI-Al'lARDII issued by the International Council of Shopping Centers; and, PROCLAr1ATIOtJ - PRESEiHED TO RON WELLER, PROCLAIMING NORTH HILLS WEEK DECEt1BER 15-21 WHEREAS, the undersigned Mayor of North Richland Hills Texas, deems it proper and necessary to call attention to such honor as bestowed. fJOl'J, THEREFORE, BE IT PROCLAIr1ED by the t1ayor of iJorth Richland Hills, Texas, that: The week of December 15 through December 21, 1980 is hereby des i gnated as IINORTH HILLS vJEEKII in the City of North Richland Hills. The citizens are especially urged to visit North Hills Mall during this week and extend their congratulations and best wishes for success to the management and employees in North Hi 11 s i1a 11 . Proclaimed this 8th day of December 1980. IN TESTIMONY WHEREOF, I hereunto set my hand and caused the Seal of the City of North Rich1and Hills, Texas, to be affixed this 8th day of December, A.D., 1980. Mayor Dick Faram Mr. Ron Weller, General Manager North Hills Mall, accepted the proclamation. 7. Councilman Freeman moved, seconded by Councilman Brady, to confirm the appointment of George C. Tucker to the Planning and Zoning Commission. Motion carried 6-0. 8. Councilman Wood moved, seconded by Councilman Thomas, to appoint Dr. Dale Gaskill of the Birdvil1e School District to the Community Cable Advisory Panel. Motion carried 6-0. 9. Mayor Faram advised the Council the Planning and Zoning Commission recommended approval subject to the Engineers' comments. Councilman Hubbard moved, seconded by Councilman Brady, to approve PS 80-53. Motion carried 6-0. 10. This item postponed. 11. This item postponed. 12. Councilman Brady asked to be disqualified from the discussion on this request because of a personal interest. Mayor Faram excused Councilman Brady from the table. Mr. Darrel Wood, attorney, representing Mr. Lusk asked the Mayor to delay this request for five minutes. Mr. Wood stated that Councilman Kenna was on his way to the meeting. Mayor Faram granted the request. December 8, 1980 Page 3 CONFIRMATION OF APPOINTMENT OF GEORGE C. TUCKER TO PLANNING & ZONING COMMISSION APPROVED CONSIDERATION OF APPOINTMENT OF DR. DALE GASKILL TO COMMUNITY CABLE ADVISORY PANEL APPROVED PS 80-53, REQUEST OF SCHICK SHADEL HOSPITAL FOR FINAL PLAT OF LOT 1, BLOCK D, CALLOWAY FARMS ADDITION APPROVED PUBLIC HEARING - PZ 80-36, REQUEST OF t1ARVIN SMITH TO REZONE LOT 15R, BLOCK 1, RICHLAND OAKS ADDITION, FROM 1F-9 ONE FAMILY DWELLING TO LOCAL RETAIL POSTPONED CONSIDERATION OF ORDINANCE FOR PZ 80-36 POSTPONED PUBLIC HEARING - REQUEST OF RON LUSK TO REZONE TRACT 10A1, FROM IF-9 ONE FAMILY DWELLINGS TO 2F-9 TWO FAMILY DWELLINGS COUNCILMAN KENNA NOW PRESENT. Mayor Faram opened the public hearing on PZ 80-38 and called for anyone wishing to speak in favor of this request to please come forward. Mr. Darrell Wood, attorney representing Mr. Lusk, appeared before the Council. Mr. Wood stated he had not represented this request at the Planning and Zoning meeting but had read the minutes and detected the objections. Mr. Wood stated this property consisted of approximately two acres and there was a small unkept structure on the property. Mr. Wood showed pictures of the structure and vacant lot. Mr. Wood stated one objection raised from the residents was that two family dwellings would distract from the neighborhood and would cause property values to go down. Mr. Wood stated the market value of the duplexes would be about $80,000.00. Mr. Wood stated the structure would be approximately 2,030 square feet and it would be an improvement to the area. Mr. Wood stated the units would rent for approximately $850.00, $425.00 per side. Mr. Wood stated if the Council approved the request it would be providing more taxes for the city and a place for~peõp1è to live. Mr. Wood stated if this request was approved they would install a stockade fence between the duplexes and the homes in the area. Mr. Wood showed pictures of the backyards of the homes next to the property in question. Mr. Wood stated another objection the homeowners had was that it was a quiet neighborhood and the duplexes would create more noise. Mr. Wood stated he did not think the neighborhood was immune to noise. Councilman Hubbard asked Mr. Wood about the parking facilities for the duplexes. Mayor Faram advised the parking would be covered under a separate ordinance. Mr. Hedgcoth, engineer, advised they would comply with the ordinances. December 8, 1980 Page 4 Councilman Kenna asked how many units would be built. Mr. Wood stated six units would be built. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. Mr. Don Vandever, 4309 Ashmore, appeared before the Council. Mr. Vandever stated he lived on the southeast corner of the property in question. Mr. Vandever stated he was not present at the Planning and Zoning Commission when this case was heard, but he did sign a petition against the rezoning. Mr. Vandever stated his was a new house in the neighborhood and he looked hard and long to where he was moving in. Mr. Vandever stated it was a single family neighborhood and he moved from his previous house because of apartments. Mr. Vandever stated those apartments rented for $500.00 and people still moved in and out. Mr. Vandever stated he had invested $100,000.00 in his property and would like to see the Council maintain the neighborhood. Mr. Vandever stated he had yet to see duplexes that were successful. Mayor Faram advised Mr. Vandever that the petition he had signed did bear legal weight and it would require that 3/4 of the Council vote in favor of the request before it could be approved. Mr. Pat Marrs, 4313 Ashmore, appeared before the Council. Mr. Marrs stated ten foot of his property adjoined the property in question and he would like to support what Mr. Vandever had said. They wanted the neighborhood to stay single family. Mrs. Sallie B. Carter, 7809 Randall, appeared before the Council. Mrs. Carter stated she was against apartments. t1rs. Carter stated the pictures Mr. Wood showed was on each side of her property and people were living in the house shown on the property. Councilman Freeman asked t1rs. Carter where she lived in relation to the property asking to be rezoned. Mrs. Carter replied she lived north of the property. Her backyard backed up to the property. December 8, 1980 Page 5 Mrs. Mary Vaughn, 4317 Ashmore Drive, appeared before the Council. Mrs. Vaughn stated she was the one that circulated the petition and fifteen out of sixteen people signed it. Mrs. Vaughn stated she hoped the Council would take the petition into consideration when they voted on this request. Mrs. Vaughn stated there was a lot of traffic in the area due to TowneOaks apartments. Mrs. Vaughn stated she did not feel duplexes would help the traffic situation. Mrs. Vaughn stated this was a quiet neighborhood at the present time and they wanted to keep it that way. Councilman Wood stated there were twenty-two people within 200 feet of the property in question. Councilman Wood asked Mrs. Vaughn if she could tell how the rest felt. Mrs. Vaughn stated she was unable to find everyone at home at the time she took the petition. Councilman Wood asked Mrs. Vaughn if she was aware that Booth-Calloway Road was scheduled to be rebuilt and would probably become a secondary thoroughfare. Mrs. Vaughn stated yes, but the people she had talked to did not want duplexes. Mrs. Vaughn stated if the duplexes rented for $425.00 that was low and would not attract the highest class of people. Councilwoman Groves asked Mrs. Vaughn that since she had taken the petition, what was their major reason for being against the duplexes. Mrs. Vaughn states she wanted the neighborhood to stay one family and if duplexes were built it would bring in more people and more traffic. Mr. Lawrence Vaughn, 4317 Ashmore Drive, appeared before the Council. Mr. Vaughn stated he lived east of the property in question. Mr. Vaughn stated he felt this was a nice neighborhood and he wanted to keep it that way. They did not want duplexes. Mr. Vaughn stated he had talked to some of the people before he bought his property and bought because it was one family. Mrs. Carolyn Myers, 4321 Ashmore Drive, appeared before the Council. Mrs. Myers stated she lived right next to the property. Mrs. Myers stated her husband had passed away a year ago and she did not want transientpeop1e in the neighborhood. ~1rs. t~yers stated there had been two shootings in the TowneOaks apartments. Mrs. Myers stated there was already a lot of traffic and duplexes would increase it. December 8, 1980 Page 6 Mrs. Myers asked if this request was granted, could she build an apartment on her property for her mother. Mayor Faram replied no, that would have to be in a separate action. Mr. Kenneth Bell, 4316 Ashmore Drive, appeared before the Council. Mr. Bell stated he lived directly across the street from the people that had just appeared. Mr. Bell stated he sold the lot to Mr. Vandever and he had built a $100,000.00 home on it and he could see how he felt about the duplexes being built. Mr. Bell stated the attorney had stated they were going to build 2,000 square foot homes, but that was only 1,000 square feet per unit. Mr. Bell stated $400.00 a month was easy for people to make today and he thought there would be a lot of moving in and out. Mr. Bell stated he would like to keep the neighborhood the way it is at the present time. Mrs. Carolyn Bell, 4316 Ashmore Drive, appeared before the Council. Mrs. Bell stated she had lived at this address for fourteen or fifteen years. It was a quièt neighborhood and there was also a lot of traffic at Ashmore and G1enview now, duplexes would increase the traffic. Mayor Faram closed the Public Hearing. Mr. Wood asked for rebuttal time. Mayor Faram stated with the Council IS permission he would grant Mr. Wood five minutes. Mr. Wood, attorney, reappeared before the Council. Mr. Wood stated the question had come up about rentals and he had some comfortable rentals of apartments in the North Richland Hills area that reflected rentals going from $230.00 a month for a very large apartment to $410.00. Mr. Wood stated that when you were talking about $200.00 to $300.00 a month rental you were not talking about the same people who would be putting out $450.00 a month. Mr. Wood stated he was not talking about apartment dwellers, he was talking about people living in duplexes. December 8, 1980 Page 7 Mr. Wood stated he would like to point out to the Council that two of the lots faced Booth-Calloway and the other four, the first four lots off Booth-Calloway facing Rogene. Mr. Wood stated Booth-Calloway was under plans for widening and there was no reason why traffic would go the other way if they could get out on Booth-Calloway. Mr. Wood stated he would like to mention to the Council that duplexes was the highest and best use of this piece of property. Mr. Wood stated that if there would be any economical basic justification to building single family houeses on the property that would be done. Councilman Kenna asked Mr. Wood how long his client had owned the property. Mr. Wood stated the property was under contract. The sale was subject to the rezoning approval. Councilman Freeman asked how long the property had been on the market. Mr. Wood stated about six months. Councilman Wood stated he had looked at the plans and it did not show egress and ingress or parking. Mr. Wood stated they would comply with the ordinances concerning egress, ingress and parking. Councilman Wood asked City Engineer Albin what the off street parking requirements were. Mr. Albin stated he did not know the specific requirements. Mr. Wood stated there would be rear entry parking. Mr. Ernest Hedgcoth, engineer, stated there would be covered parking in the rear with the entry on the side. Mr. Hedgcoth sta ted the lots were 209 feet deep and there wou1 d be a very large area in the back. Councilman Wood asked what size the carports would be. Mr. Hedgcoth stated four cars each unit. Councilwoman Groves asked if the carports would be attached. Mr. Hedgcoth stated yes. Councilman Thomas asked if there would be other areas for parking or would they have to park on the street. December 8, 1980 Page 8 December 9, 1980 Page 9 Mr. Hedgcoth stated there would be room in the rear of the duplexes if needed. Mayor Faram offered the opposition the opportunity to speak again. Mr. Don Vandever, 4309 Ashmore, appeared before the Council. Mr. Vandever stated the attorney stated there were other ways in and out of the neighborhood, the only thru street was Ashmore. Mr. Vandever stated no one would drive down Booth-Calloway it was almost impassable. Mr. Vandever stated there was already a lot of traffic in the neighborhood. Mr. Vandever stated that if the people in the duplexes had more than one car and boat and it all was parked in the back, where were the kids going to play. Mayor Faram closed the Public Hearing. 13. Mayor Faram advised the Council there was a legal petition on this request and would require a 3/4 majority vote of the Counci 1 for approval. Councilman Hubbard moved, seconded by Councilman Wood, to approve PZ 80-38, Ordinance No. 860. CONS IDERATION OF ORDINANCE FOR PZ 80-38 ORDINANCE NO. 860 DENIED Councilman Freeman stated he saw this as spot zoning. The petition bore a lot of weight with him and told him the neighborhood did not desire a change. Councilman Kenna stated he would have to agree with Councilman Freeman. Councilman Kenna stated the situation might change after Booth-Calloway was fixed. Councilman Wood asked the City Attorney if this was considered spot zoning. Mr. McEntire stated this would not be classified as spot zoning. Councilwoman Groves stated she understood the developers, but the petition bore a lot of weight with her also. Motion to approve failed by a vote of 4-2; Councilmen Kenna, Freeman, Wood and Councilwoman Groves voting against; Councilmen Hubbard and Thomas voting for. (Councilman Brady excused from the discussion and voting.) 14. Councilman Wood moved, seconded by Councilwoman Groves, to deny PS 80-47. Motion carried 6-0. PS 80-47, REQUEST OF RON LUSK FOR FINAL PLAT OF LOTS 8-14, BLOCK 8, RICHLAND HEI GHTS ADDITION DENIED Councilman Brady returned to the Council table. December 8, 1980 Page 10 15. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Thomas Anagnostis appeared before the Council to represent Pizza Hut in this request. PUBLIC HEARING - PZ 80-41, REQUEST OF PIZZA HUT OF NORTH TEXAS TO REZONE LOT 1, BLOCK 25, CLEARVIEW ADDITION FROM LOCAL RETAIL TO LOCAL RETAIL-SPECIFIC- USE-SALE OF ALCOHOLIC BEVERAGES Mr. Anagnostis stated the Pizza Hut was located on the Grapevine Highway. Mr. Anagnostis stated the Planning and Zoning Commission had approved this request. Mr. Anagnostis stated the sale of alcoholic beverages in Pizza Hut would not effect the health, welfare or safety of people. Mr. Anagnostis stated they felt they could better serve their customers if allowed to sell beer. Mr. Anagnostis stated there were other establishments in the area that served mixed drinks. Mr. Anagnostis stated he had between 120 and 130 people in support of this request. Councilman Wood asked Mr. Anagnostis if there would be any problem if the permit was issued in the owners name and not just Pizza Hut. Mr. Anagnostis stated there would be no problem. Councilman Wood asked Mr. Anagnostis if they would agree to sign a letter stating the City had the right to audit the books. Mr. Anagnostis stated they would sign the letter. Ms. Sharon Osboune, 7512 Maplewood, Apartment 231, appeared before the Council. Ms. Osboune stated she felt people in the city should be able to drink beer in the Pizza Hut. Councilman Wood asked Ms. Osboune if she worked for the company. Ms. Osboune stated yes. Councilman Wood asked Mrs. Osboune if there would be any problems with juveniles. Ms. Osboune replied no. December 8,1980 Page 11 Councilman Thomas asked Ms. Osboune if there would be any problem determining ages and what per cent of the customers were under 18. Ms. Osboune stated there would be no problem with ages and about 5% of the customers were under 18. Jonathan Link, 3708 Oakbriar Lane, Bedford, Regional Manager, Pizza Hut, appeared before the Council. Mr. Link stated the Pizza Hut was very much a family business. Mr. Link stated their competitors sold beer and felt they should be able to also. Ms. Vickie Hall, 5904 North Hills Dr., appeared before the Council. Ms. Hall stated she was for the issue. She would like to be able to buy the beverage of her choice. John Bounds, 7513 Oakridge Circle, appeared before the Council. Mr. Bounds stated he was all for beer in the Pizza Hut. Ms. Dina Lindsey, 5108 Maplewood Court, appeared before the Council. Ms. Lindsey stated she was in favor of this request. Ms. Karen Dickerson, 8009 Clark, appeared before the Council . Ms. Dickerson stated she was in favor of beer in the North Rich1and Hills Pizza Hut. Mr. William McCarthy, 7500 Terry Court, appeared before the Council. Mr. McCarthy stated he was for the request due to other businesses having it. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. December 8, 1980 Page 12 16. Councilman Kenna moved, seconded by Councilman Brady, to approve PZ 80-4l, Ordinance No. 861. Motion carried 7-0. CONSIDERATION OF ORDINANCE FOR PZ 80-41 ORDINANCE NO. 861 APPROVED COUNCILMAN KENNA LEFT THE MEETING AT THIS POINT. 17. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Beryl Stewart, 409 Fieldstone representing Dr. Waggener, appeared before the Council. PUBLIC HEARING - PZ 80-42, REQUEST OF DR. JAMES WAGGENER TO REZONE TRACT 17D, AND A PORTION OF TRACT 16B, ABSTRACT 1606 FROM IF-7 ONE FAMILY DWELLINGS TO LOCAL RETAIL Mr. Stewart stated they were requesting this rezoning to construct a medical clinic and ask the Council IS approval Mayor Faram asked if this property was part of the property involved in litigátion. Mr. Stewart stated yes, but they were prepared to sign a convenant on this tract. Mayor Faram stated he would have to question the Council's consideration of this item until the litigation had been resolved. Mr. McEntire asked Mr. Stewart if he proposed to agree to the assessment and pull this particular tract out of the lawsuit. Mr. Stewart replied that was correct, if possible. Mr. McEntire stated it was possible. Mr. Stewart and approve litigation. to be there stated it seemed the Council could go ahead the request subject to the outcome of the Mr. Stewart stated the assessment was going one way or the other. Mr. McEntire stated the Council could pass the ordinance subject to the delivery of the dismissal of this particular tract, which would not make the ordinance effective until that had been done. Mayor Faram called for anyone wishing to speak in opposition of this request. There being no one else wishing to speak, Mayor Faram closed the public hearing. î1ayor Faram advised the Council would go into executive session with the City Attorney to discuss this pending 1 itigation. ~ayor Faram called the meeting back to order. The same Council and Staff members were present as recorded at the beginning of the meeting with the exception of Councilman Thomas. 18. Councilman Brady moved, seconded by Councilwoman Groves, to approve PZ 80-42, Ordinance No. 862. Mayor Faram asked Mr. Stewart if he was the owner of the property. Mr. Stewart stated no, he represented the owner, YMCA vIas the owner. t1r. t1cEnti re stated î~r. Stewart had the property under contract without any contingency clause. t1r. Stewart stated Dr. Haggener was tryi ng to purchase the property. t1ayor Faram asked t1r. Stewart if the approval or disapproval of this request had any bearing on the contract. Mr. Stewart replied yes. Mayor Faram asked Mr. Stewart if the request was not approved would Dr. Waggener not pay for the property. Mr. Stewart replied that was correct. Councilman Brady asked î1r. Stewart if he were suggesting that YMCA would have to institute a suit for specific performance if the request was not granted. Mr. Stewart replied yes. Mr. Stewart stated this problem came about when he came to City Hall and along with one of the employees, looked at the zoning map. This particular piece of property had Local Retail printed on it, but the oversight was an arrow pointing across the street to another piece of property. Mr. Stewart stated it was his incorrect assumption that this property was zoned correctly. Mr. Stewart stated when he applied for a building permit it was denied because the property was not zoned correctly. Councilman Brady asked Mr. Stewart if the zoning were approved, the contract would close and the Doctor would become the owner. Mr. Stewart replied that was correct. December 8, 1980 Page 13 EXECUTIVE SESSION BACK TO ORDER CONSIDERATION OF ORDINANCE FOR PZ 80-42 ORDINANCE NO. 862 POSTPONED December 8, 1980 Page 14 Councilman Brady asked Mr. Stewart if the zoning were approved, would there be any other problems. Mr. Stewart replied no. They had been ready to close since August. Mr. McEntire asked Mr. Stewart what was keeping the property from closing from the standpoint of the- contract itself if it was not contingent on the zoning, was the Doctor just not going to come up with the money. Mr. Stewart stated the money was in escrow, but the Doctor refused to release the money for closing until the property was zoned correctly because he was not going to give $59,000.00 for property he could not use. Mayor Faram asked Mr. Stewart if he felt a lawsuit would be initiated from the YMCA for nonperformance if the zoning was denied. Mr. Stewart replied yes. Mayor Faram stated that in light of the discussion the Council would go back into executive session with the City Attorney. Mr. Stewart stated he had looked at another piece of property and it had multi-zoning. They made application for a building permit and could not get one because it had two different zonings. Mayor Faram asked when the contract was signed on the property being requested to be rezoned. Mr. Stewart replied the contract was signed August 4, 1980. Mayor Faram asked if the contract was signed prior to the lawsuit being filed. Mr. Stewart stated he did not know when the lawsuit was fil ed. Mayor Faram asked Mr. Stewart if he was made aware of the lawsuit. Mr. Stewart stated he was made aware of the suit after the contract was signed. December 8, 1980 Page 15 Mayor Faram stated the Council would go back into executive session with the Attorney. Mayor Faram called the meeting back to order. The same Council and Staff members were present as recorded at the beginning of the meeting with the exception of Councilman Thomas. EXECUTIVE SESSION BACK TO ORDER Councilman Brady moved, seconded by Councilman Freeman, to postpone action on PZ 80-42, Ordinance No. 862, until some legal problems involving the property were resolved. Motion carried 5-0. 19. Mayor Faram opened the public hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Ernest Hedgcoth, consulting engineer, appeared before the Council representing Mr. Haws. POBLIC HEARING - PZ 80-43 - REQUEST OF RUSSEL M. HAWS TO REZONE TRACT 3B, ABSTRACT 308, FROM î1UL TI-FAMIL Y TO LOCAL RETAIL Mr. Hedgcoth stated Mr. Haws proposed to build a two story office building on this property. Mr. Hedgcoth stated the property was currently zoned multi-family and he checked with Mrs. Calvert of the Planning and Zoning Department and she requested the zoning be changed to Local Retail in order to facilitate this building. Mr. Hedgcoth showed the Council a drawing of the building. Mr. Hedgcoth stated the Jo Beells restaurant was in the southeast corner of the property which was 7.8 acres. Mr. Haws purchased a 1.2 acre tract on the northeast corner of the property. Mayor Faram called for anyone wishing to speak in opposition of this request to please come forward. There being no one else wishing to speak, Mayor Faram closed the public hearing. 20. Councilman Hubbard moved, seconded by Councilman Wood, to approve PZ 80-43, Ordinance No. 863. Motion carried 5-0. CONSIDERATION OF ORDINANCE FOR PZ 80-43 ORDINANCE NO. 863 APPROVED December 8, 1980 Page 16 21. Councilman Freeman moved, seconded by Councilman Wood, to approve PS 80-55. Motion carried 5-0. PS 80-55, REQUEST OF RUSSEL M. HAWS FOR FINAL PLAT OF LOT 2, BLOCK 5, RICHLAND OAKS ADDN. APPROVED CONSIDERATION OF Cm1PUTER SYSTH1 SPECIFICATIONS APPROVED 22. Mayor faram advised the Council the Computer Committee had met and recommended the specifications for bidding. Councilman Hubbard moved, seconded by Councilman Wood, to approve the specifications for the bid on the computer system, subject to final approval by the Council. Motion carried 5-0. 23. Mayor Faram stated there was a request to postpone this item. It was not ready for consideration. Councilman Brady moved, seconded by Councilman Wood, to postpone action on this item. CONSIDERATION OF ORDINANCE FOR POLICIES AND PROCEDURES FOR WATER AND SEWAGE SYSTEM, PRESENTED BY RICHARD ALBIN AND ALLEN BRONSTAD POSTPONED CONSIDERATION OF ORDINANCE AMENDING ESTES CorHRACT APPROVED Motion carried 5-0. 24. Councilman Hubbard moved, seconded by Councilman Wood, to approve Ordinance No. 864. Councilman Hubbard stated he had looked over this ordinance very carefully and had discussed it with four local haulers in the area and they said it was the best ordinance they had seen written for a city the size of North Richland Hills. Motion to approve carried 5-0. 25. City Attorney t1cEntire stated this was a public hearing in conjunction with a resolution that North Richland Hills passed in January 1980, in which the boundaries within Haltom City and North Richland Hills were changed. Mr. t1cEntire stated that at that time t1r. Jerry Stevens had come to North Richland Hills Council and Haltom City Council in connection with building some property into North Richland Hills which was developable. PUBLIC HEARING - ANNEXATION OF PROPERTY (REVISION OF BOUNDARY WITH HALTm1 CITY) t1r. î1cEntire stated that under the terms of the resolution the city would give back to the development company property that had been conveyed to North Richland Hills, which would end up in Haltom City and this new boundary line was established. Mr. McEntire stated the city had 90 days in which to pass the deannexation and annexation ordinance which would change the boundaries. Mayor Faram opened the public hearing and called for anyone wishing to speak to please come forward. There being no one wishing to speak, Mayor Faram closed the public hearing. 26. Mr. Horvath stated this was an ongoing traffic survey and the State Department of Office Traffic Safety needed the name of a project director. Allen Bronstad would be the director. Councilman Wood moved, seconded by Councilman Hubbard, to approve Resolution No. 80-37. Motion carried 5-0. 27. Councilman Hubbard moved, seconded by Councilman Freeman, to approve Ordinance No. 865. Motion carried 5-0. ~-- 28. Councilman Wood moved, seconded by Councilman Hubbard, to approve Resolution No. 80-38. Motion carried 5-0. 29. Mr. Albin stated HUD was going to fund up to $89,000.00 for the Mackey Creek project and the total cost would be $100,000.00. Mr. Albin stated Mr. Bronstad had informed him the $11,000.00 that was needed could be taken from Utility Fund Surplus. Councilman Hubbard moved, seconded by Councilman Wood, to approve $11,000.00 out of Utility Fund Surplus for the Mackey Creek Project. Motion carried 5-0. 30. Councilman Wood moved, seconded by Councilwoman Groves, to approve payment to First Southwest Company in the amount of $26,665.52. Motion carried 5-0. December 8, 1980 Page 17 CONSIDERATION OF RESOLUTION FOR TRAFFIC ENGINEERING STUDY APPROVED RESOLUTION NO. 80-37 CONSIDERATION FOR DISPOSITION OF STOLEN ABANDONED FOUND PROPERTY IN POSSE- SSION OF POLICE DEPARTMENT APPROVED ORDINANCE NO. 865 CONSIDERATION OF RESOLUTION FOR UNAUTHORIZED STREET CUTS ON RUFE SNOW APPROVED RESOLUTION NO. 80-38 CONSIDERATION OF PAYMENT TO FIRST SOUTHWEST COMPANY IN THE AMOUNT OF $26,665.52 - WATER AND SEWER BONDS APPROVED 31. Councilman Brady moved, seconded by Councilman Hubbard, to approve Resolution No. 80-39. Motion carried 5-0. 32. Mayor Faram adjourned the meeting of December 8, 1980. ATTEST: December 8, 1980 Page 18 CONSIDERATION OF ~JITHDRAvJAL FROî1 SOCIAL SECURITY PROGRAt~ APPROVED RESOLUTION NO. 80-39 ADJOURNMENT