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HomeMy WebLinkAboutCC 1978-07-25 Minutes · L¡- 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, JULY 24, 1978 - 7:30 P.M. CALL TO ORDER Mayor Faram called the meeting to order July 24, 1978, at 7:30 p.m. PRESENT: Mayo r Councilmen Dick Faram Denver Mills Jim Wood Sidney Cavanaugh John Michener Lena Mae Reeder James F. Cato ROLL CALL Councilwoman Mayor Pro Tern STAFF PRESENT: City Manager City Secretary City Attorney Director Public Works M. E. Riddle Jeanette Moore Rex McEntire Ray H. Britton BOARD MEMBER: Board of Adjustment Jo Ann Williams ABSENT: Cou nci 1 man City Engineer Dave Freeman Dick Perkins INVOCATION The invocation was given by Councilman Michener. APPROVAL OF MINUTES JUNE 26, 1978 Approval of the minutes of the City Council meeting June 26, 1978 Councilman Mills moved, seconded by Councilwoman Reeder, to approve the minutes of the June 26, 1978, meeting. Councilman Mills stated that on page 7, paragraph 6, concerning Resolution 78-11, it should state suspend instead of sustain. Motion to approve as corrected carried 6-0. Approval of minutes of the Emergency City Council meeting July 12, 1978 APPROVAL OF MINUTES JULY 12, 1978 EMERGENCY MEETING Councilman Wood moved, seconded by Councilman Michener, to approve the minutes as written. Motion carried 3-0; Councilmen Mills, Cavanaugh and Cato abstaining due to absence from the meeting. July 24, 1978 Page 2 CITIZEN REQUEST Citizen request, Mr. L. 8. Hall requesting a permit to drill a water well Mr. L. 8. Hall, 6504 Circleview, appeared before the Council. Mr. Hall stated he would like to have a permit to drill a well on his property for outside watering purposes. Mayor Fararn asked Mr. Hall what the depth the well would be. Mr. Hall stated he was advised he could not drill deeper than 200 feet. Mayor Pro Tern Cato asked Mr. Hall if he was' on the city sewer or had å :septic tank. Mr. Hall replied he was on city sewer. Councilman Cavanaugh asked Mr. Hall the size of his lot'. Mr. Hall replied the lot was 140 X 90. Councilman Michener asked Mr. Hall if he had been advised on what the water table would be. Mr. Hall stated he talked with a gentlemen in Haltom City and he felt water could be reached at 200 feet. Mayor Pro Tern Cato moved, seconded by Councilman Michener, to approve to grant Mr. Hall a permit to drill a well not to exceed 200 feet. Councilman Cavanaugh requested that if Mr. Hall sold his property the new owner should be informed the water'·wàs not for human consumption. / Councilman Mills asked Mr. Hall what diameter the well would be. Mr. Hall replied it would be small, four to five inches in diameter. Councilman Mills asked if the well would be èncased'. Mr. Hall replied it would be encased. Motion to approv~ carried 6-0. July 24, 1978 Page 3 CITIZEN REQUEST Citizen request, Mr. M. Bovea requesting to drill a water well Mr. M. Bovea, 3307 Matson, appeared before the Council. Mr. Bovea stated he would like to have a permit to drill a water well for watering his yard and foundation of his horne. Mayor Faram asked Mr. Bovea if he was requesting essentially the same as Mr. Hall. Mr. Bovea replied yes. Mayor Pro Tem Cato asked Mr. Bovea if he had a septic tank or city sewer. Mr. Bovea replied he was on city sewer. Councilman Cavanaugh asked Mr. Bovea the size of his lot,.: Mr. Bovea stated the lot was 85 X 160. Councilman Mills moved, seconded by Councilwoman Reeder, to grant Mr. Bovea a perrnit to drill a water well not to exceed 200 feet and for outside watering purposes only. Motion carried 6-0. CITIZEN REQUEST Citizen request, Mr. Henry Besson requesting a permit to drill a water well Mr. Henry Besson, 6719 Harmonson Road, appeared before the Council. Mr. Besson stated he would like a permit to drill a shallow water well. Mr. Besson stated he felt the wéll would be shallow because of a spring on his property. Mr. Besson advised the well would be encased and have concrete on the top. " Councilwoman Reeder asked Mr. Besson if h ~as su):'e this water was caused by a spring and not coming from septic tank or the sewer. Councilwoman Reeder asked Mr. Besson if he had a septic tank or on city sewer, Mr. Besson stated the City Staff knew he had a problem with water on his parking lot. Mr. Besson stated he was on city sewer. July 24, 1978 Page 4 City Manager Riddle stated the City Staff was not sure this was spring water because some of the houses in the neighborhood are on septic tanks. City Manager Riddle stated he thought Mr. Besson's store was on city sewer, but not his house. Mr. Besson replied his house was also on city sewer. Mayor Pro Tern Cato asked if there was a test the County Health Department could take to see if this was spring water or sewer water. City Manager Riddle stated the County could test the water for bacteria. COUNCILMAN FREEMAN PRESENT. Mayor Pro Tem Cato asked if the city would accept a test initiated by Mr. Besson and checked by the Health Department.. to assure the water is not septic tank water. City Manager Riddle stated the city would have the County make the test. Councilman Cavanaugh advised Mr. Besson the City wanted the test made to protect the citizens and Mr. Besson. Councilwoman Reeder moved, seconded by Councilman Cavanaugh, to grant Mr. Besson a permit to drill a water well contingent on having the water tested by the Health Department and the well not to exceed 200 feet. / Councilman Mills asked Mr. Besson if he accepted the stipulation on the well the city was asking for~ Mr. Besson replied he accepted the stipulation. Motion to approve carried 7-0. CITIZEN REQUEST Citizen request, Mr. B. C. Reddi'ng requesting a permit to drill a water well Mr. B. C. Redding, 7909 Main Street, appeared before the Council. Mr. Redding stated he was requesting a permit to drill a water well for outside watering. July 24, 1978 Page 5 Mr. Redding stated the well would be about 32 inches in diameter and about 40 feet deep. Mayor Faram asked Mr. Redding if he was asking for a permit to drill only 40 feet: Mr. Redding stated his surrounding neighbors had water wells and had reached water at about 40 feet. Mayor Pro Tem Cato asked Mr. Redding if he had a septic tank or on city sewer: Mr. ~edding stated he had a septic tank. Mayor Pro Tem Cato stated he felt Mr. Redding should be required to have the water tested. Councilman Mills asked Mr. Redding if the well would be lower than the septic tank: Mr. Redding stated the septic tank was on the west side of the property and the well would be on the east side. Councilman Mills asked if the well would be encased. Mr. Redding replied the well would be encased. Councilman Mills moved, seconded by Councilman Cavanaugh, to grant Mr. Redding a permit to drill a water well for outside watering, not to exceed 40 feet. After discussion, Councilman Mills amended his motion to state, Mr. Redding be granted a permit to drill a water well not to exceed 200 feet and upon completion of the well the water be tested by the County. Amended motion carried 7-0. CITIZEN PRESENTATION Citizen presentation and request concerning the routing of a sewer line from Kingswood Estates to Little Bear Creek City Manager Riddle advised the Council Mr. Don Miracle, who had requested this item be placed on the agenda would not be present because the sewer line must be routed as the City Engineer stated. July 24, 1978 Page 6 Mr. Riddle stated he had talked to Mr. Miracle and Mr. Miracle stated he would work out the details on the sewer line with the City Engineer. Mayor Faram stated no action on this item would be required by the Council. CITIZEN REQUEST Citizen request, Mr. Joe V. Henry making request Mr. Joe V. Henry, 125 Cooper, Hurst, appeared before the Council. Mr. Henry stated he owned two lots located at ,6805 and 6809 Harmonson Road that does not have sewer. Mr. Henry stated he had built a new building which was completed two years ago, at that time assumed the sewer 1 ine would be buil t. Mr. Henry stated he wanted to know when the line would be built. City Manager Riddle stated that at the particular locations the city, at the present time, has no plans to extend the sewer. The sewer line is approximately one-half block away frorn the location. Mr. Riddle stated the property owners in the neighborhood could get together and for a minimal amount the sewer could be extended. Mr. Henry stated he felt the city should approach the citizens on participation on the line. / City Manager Riddle stated the city sent out notices last year on the upgrading of Flory Street and only two people attended the meeting. Mr. Henry stated at. that time he understood there were no funds available to improve the water, sewer and street. This portion was removed from the agenda and the Council voted to improve the bridge. City Manager Riddle stated the Public Hearing on the project was held and only one person spoke and was not in favor of the project. July 24, 1978 Page 7 Mr. Henry stated he was going to have to pay for the sewer whether he got it or not. He would have to put in a septic tank. City Manager Riddle stated about a year ago the Council put a stipulation on one of the lots to pay a pro rato share of the street, water and sewer. Councilman Mills asked what the city policy was at the present time and whethe~' or not the city could extend the sewer to Mr. Henry. Councilrnan Mills asked if there was a way to resolve the problem~ City Manager Riddle stated if the complete project was done it would include curb, gutter, street, the water main and the sewer main. City Manager Riddle stated that all of the project could be completed, or one or two of the items. Mayor Pro Tem Cato asked City Manager Riddle how it was normally handled when someone wanted to extend the sewer. Mr. Riddle sai.d. the policy states they must extend the sewer line themselves and the city more less enter into a contract with the one extending the line. The city wilì recoupe from other property owners as they tie on to the line. Mayor Pro Tem Cato asked if the City remibursed the person extening the line as the other property owners between the person extending the line and the origin of the new lineó City Manager replied yes. Mayor Pro Tem Cato advised that Mr. Henry had stated he wanted to extend the line, what seemed to be the problem. Mayor Faram aSKed Mr. Henry if talking about just extending the line in front of his house was the cost he was referring to. July 24, 1978 Page 8 Mr. Henry stated he was referring to the pro rata share. Mayor Faram asked what the cost. would be to extend the line to where Mr. Henry could tie on to it~ City Manager Riddle stated about $5,000. Councilman Freeman asked how much of the $5,000.00 could Mr. Henry recoupe, City Manager Riddle stated about $2,000. Mayor Pro Tern Cato asked the City Manager if he was referring to residences or users that are currently there or did he anticipate future building in the area. City Manager Riddle stated there currently two vacant lots in the location and they will eventually have to be platted, or all the lots on one side of the street will have to be platted. At the time the lots are platted they will have to pay pro rata per foot. Mr. Riddle stated the policy has been that existing single family homes are allowed to tie on the sewer line for paying the normal tap fee of $300. Mayor Pro Tern Cato asked if that would be true if they had to extend the 1 ine . Mr. Riddle stated if they have to extend the line, the policy could state the group of owners must split the pro rata evenly amoung themselves. " Mayor Pro Tem Cato asked the City Manager if the residents;tied on'to the line that Mr. Henry extended would they tie on for a normal tap fee or would they have to pay a pro ,rata share of the extension, Mr. Riddle stated they would have to pay one normal tap fee. Mayor Fararn asked if it would be feasible to ask the City Manager to make a survey of the area and see what the possibilitiy was for total participation on the line. Mr. Henry stated he would be agreeable. Mr. Henry ~sked if there was some reason why he could not put in a septic tank. July 24, 1978 Page 9 Mayor Pro Tem Cato advised Mr. Henry he would have to get a percolation test from the County Health Department. Mr. Henry stated he had a percolation test and a plan approved by the County Health Department. Mr. Britton, Director Public Works, stated the stipulation placed on the plat when the property was platted, with reguard to the payment of the water and sewer, whether the water and sewer are there or not, that is still the condition that will have to be såtisfied before any permit was issued on the property, including a permit for the septic tank. After further discussion, Mayor Faram asked Mr. Henry if he would be agreeable to letting the City Staff make a survey and see what could be gotten in the way of occupants cooperation for participation on the line and then have the City Staff make a recommendation to the Council. Mr. Henry asked how long this would take~ Mr. Riddle stated about 30 days. Mayor Faram instructed the Staff to make the survey and make a recommendation within 30 days. CITIZEN REQUEST Citizen request, Mr. Jeff Outlaw requesting a change in the Throughfare Plan Mr. Jeff Outlaw, 7305 Riveria Drive, appeared before the Council. Mr. Outlaw advised the Council he had been requested by the citizens in area of Riveria to request the Council to revise the Master Throughfare Plan by deleting the planned intersection of Riveria and Rufe Snow, maintaing Riveria in its present status., rather than secondary as itis;shown on the Master Throughfare Plan. Mr. Outlaw stated the citizens feel that the present plan for Riveria,to be completed as a secondary throughfare from Grapevine Highway west across Rufe Snow and near the boundary of Haltom City,would be determinantal to the city as a whole and particularity to the area between Rufe Snow and Grapevine Highway. Mr. Outlaw stated the compl~tìon July 24 Page 10 " of the area has changed considerately since the present Throughfare Plan was last amended. Mr. Outlaw stated that since the new Sanger Harris store had been built and with the commercial property west of Grapevine Highway along Riveria is near development and the development of Meadow Lakes to the west of Rufe Snow has brought this to the citizens attention. Mr. Outlaw stated the citizens in the area were not aware until they saw the development going on, that the citizens on Riveria were about to be living on a throughfare. Mr. Outlaw stated he would like to point out that a lot of converstation had been going on over the ~roperty east of Rufe Snow and south of Riveria and the citizens he had been talking to do not have any objections to the development of the property, the only objection the citizens have is Riveria Drive being a secondary throughfare across Rufe Snow. Mr. Outlaw stated they futher felt that due to the devleopment, if Riveria is opened across Rufe Snow it will become a throughfare even though it is desiginated a secondary throughfare, since Riveria is the only stright street through this section of North Richland Hills. Mr. Outlaw stated the citizens in the area could see no reason why Riveria would not become another Glenveiw Drive and they say this is not needed because the area is small and almost 100 % residential. Mr. Outlaw stated the area is bounded on the north by Loop 820, on the south by Glenview Drive, on the east by Grapevine Highway and on the west by Rufe Snow. Mr. Outlaw stated these streets were already throughfares, well planned and take care of all the traffic in the area. Mr. Outlaw stated the citizens in the area feel it would create a number of hazards if Riveria was brought through. Mr. Outlaw stated that all the school children in the area would have to proceed along Riveria to get to the schools and be exposed to heavy traffic. Mr. Outlaw stated that in addition to the hazards this would create he felt it would be an added and unecessary expense to the city. Mr. Outlaw stated the citizens in the area felt it would also devalue their property. Mr. Outlaw stated that for these reasons the citizens feel the Master Throughfare Plan needed to be changed by deleting the intersection of Riveria and Rufe Snow. July 24, 1978 Page 11 Councilman Freernan asked Mr. Outlaw if he had a planto<change the qonfiguration of Riveria: Mr. Outlaw stated the primary concern was to get the designation of a secondary throuthgfare changed and deleting the intersection of Rufe Snow and Riveria. After discussion, Mayor Faram advised Council action on this item would be taken after items 13, 14 and 15 were heard. PUBLIC HEARING Publ~c Hearing on PZ 78-28, request of B. J. Britt to rezone Tract 4A, Abstract 1606, W. W. Wallace Survey, from its present classification of 1-F12 One Family Dwelling to a proposed classification of IF-8-15 One Family Dwelling The Public Hearing was opened. Proponents were asked to speak. Mr. Gordan Swift, Cousulting Engineer, representing Mr. Britt appeared before the Council. Mr. Swift advised the Council Mr. Britt had made arrangements to accquire 19. 4. aces of land on the east side of Rufe Snow Drive. Mr. Swift stated the request was for IF-8-15 the city's normal zoning classification with the understanding and a stipulation the owners would Deed restrict the minimum square footage of 1,700 square feet for each house on every lot. Mr. Swift stated there had been a number of requests in the past to develope this property for a number of different land uses. Mr. Swift stated the city records showed that in July of 1978 Multiple Family request was denied by Planning and Zoning, August of 1970 a Planned Unit Development was proposed and was denied, in March of 1975 a request for Local Retail, Multiple Family and some single family was also denied. Mr. Swift stated that Mr. Britt as a developer, had the ability of putting together the economics of the the property and developing it into single family units and make the' project a profitable one or at least a return for his investment. Mr. Swift stated he was asking to Council to approve this zoning request. July 24, 1978 Page 12 Councilman Cavanaugh asked Mr. Swift the approximate lot size and square footage of the surrounding homes in the area. Mr. Swift replied he could not quote all the lot sizes, they varied. Mrs. Jo Ann Hodges appeared before the Council. Mrs. Hodges stated she would like for the request to be granted. Mrs. Hodges stated she lived next door to the property and it has been a problem because there were snakes, rats, ball fields, and.motorcycles on the property. Mrs. Hodges stated she felt the property should be developed. Those in opposition were asked to speak. Mr. Robert White, 7853 Riveria, appeared before the Council. Mr. White stated he was aganist the request as it exists on Mr. Britts original plat. Mayor Faram advised Mr. Hhite the plat was not being discussed. Mayor Faram asked Mr. White if he was aware there had been an alternate plat drawn up. Mr. White replied he was aware of the alternate plat. Mayor Faram asked if he was speaking for the plat or the zoning: Mr. White stated he had not seen the revised plat. Mr. White stated he would like for the Council to withhold any motion on this agenda item until itern 14 had been considered. Mayor Pro Tem Cato advised Mr. White the Council was discussing the zoning, the plat is not a part of the zoning, it does not necessarily mean the plat will be approved. Mayor Pro Tem Cato stated the plat could not be considered until the zoning is decided. Councilman Michener advised that if the zoning was approved, it did speak to the issue of whether or not Riveria would open on to Rufe Snow. Councilman Michener stated that question would be decided as item 15. July 24, 1978 Page 13 Councilman Cavanaugh advised Mr. White the only issue now was the size of the houses, 1,700 square feet, agreed to by Mr. Britt and the lot size will be discussed when the plat is discussed. Mr. White stated he was in opposition of the rezoning to IF-8 due to the fact he felt it would degrade the neighborhood. Mr. White stated he thought the lot sizes were not adequate, therefore, he was speaking in opposition of the rezoning. Councilman Mills asked Mr. White if he was speaking as an individual. . Mr. White stated he was speaking as an individual and would like for the lot size of 1,200 square feet remain. Mr. Bob Taylor, 4724 Mackey, appeared before the Council. Mr. Taylor stated he was opposed to the lot size being reduced. Mr. Taylor stated he was no longer objecting to the size of the houses. The Public Hearing was closed. ORDINANCE 712 PZ 78-28 Consideration and approval of Ordinance for PZ 78-28 Councilman Freeman moved, seconded by Councilman Cavanaugh, to approve PZ 78-28, Ordinance No. 712, from IF-12 to IF-8 with the stipulation the minimum living area for each structure within the zoning district be 1,700 square feet, with the added condition that if for any reason PS 78-50 is not approved this zoning will be null and void. " Councilman Wood stated he would like to point out(in case sòmeone misunderstood) there are only about seven lots that are 8,400 square feet per' lot and go up to approximately*1,200 square feet. Councilman Mills stated that having seen the property, he felt it would be in the best interest of the city to approve the 1F-8 zoning. "'"1,2000 Mayor Pro Tem Cato stated the only reason it was being zoned IF-8 is because there were a ~ew lots that did not meet the IF-9 or JF-12 criteria. July 24, 1978 Page 14 Motion to approve Ordinance No. 712 carried by a vote of 6-1; Councilrnan Cavanaugh voting against. PLANNING & ZONING PS 78-50 PS 78-50, Request of B. J. Britt for final plat of Skyline Homes Addition Mayor Faramadvised the Council they had been given an alternate plat by Mr. Britt. Councilman Mills moved, seconded by Councilman Freeman, to approve PS 78-50, alternate plat, subject to the City Engineers comments. Mrs. Rosie Reeves, 7224 Riveria, appeared before the Council. Mrs. Reeves stated the motion Councilrnan Mills had made was what the citizens in the area would like to see the Council approve. Motion to approve the alternate plat carried by a vote of 7-0. Mary Jo Shanuty, Planning and Zoning member present. Mayor Faram advised the Council they would go back to item 12, requesting the Master Throughfare Plan be. revised. ITEM 12 Mayor Pro Tern Cato moved, seconded by Councilman Wood, to revise the Master Throughfare Plan, to ¡delete the designation of Riveria Drive as a secondary throughfare. Motion carried 7-0. Mayor Faram stated he wished to thank the citizens and the developer for working together on the project. Mayor Faram called a 15 minute recess. " Mayor Faram called the meeting back to order. The same Council members and Staff were present as recorded at the beginning of the meeting. Public Hearing on PZ 78-26, request of Pizza Hut & Gerald L. Anderson to rezone Lot 1, Block 25, Clearview Addition, from its present classification of Local Retail to a proposed classification of Local Retail Specific Use - Mixed Beverages The public hearing was opened. Proponents were asked to speak. PUBLIC HEARING PZ 78-26 July 24, 1978 Page 15 Mr. Gerald L. Anderson, President and owner of Pizza Hut, Coproration, appeared before the Council. Mr. Anderson stated this Pizza Hut was located at 7901 Grapevine Highway. Mr. Anderson advised the Council they would only retail beer by the glass or by the pitcher. Mr. Anderson stated the Pizza Hut operated from 11:00 a.m., until 12:00 p.rn., Sunday thru Friday and until 1:00 a.m., on Saturday night. Mr. Anderson stated the State Law prohibits the carring out of any alcoholic beverages under a Specific Use Permit. Mr. Anderson stated no one could carry any alcoholic beverage on to the prernises. Mr. Anderson stated they would sell the beer only incidental to the sale of food. Mr. Anderson stated they had twenty locations in Tarrant County and find the gross sales for the percentage of alcoholic beverage runs about 3% to 5%. Mr. Anderson stated they would like to provide beer for on premise consumption for their customers. Mr. Anderson stated they had many requests for beer to be sold. Mr. Anderson stated he urged the Council to grant the Specific Use Permit. M~yor Pro Tem Cato advised Mr. Anderson that the City Ordinance pertaining to the sale of alcoholic beverage for on premise consumption stated you must obtain a minimum of 60% of your gross income from the sale of prepared food for on premise consumption. Mr. Anderson stated there would be no problems rneeting the requirements of the ordinance, because Pizza Huts gross sale, percentage wise was only 3% to 5% in alcoholic beverage and the rest is prepared food. " Mayor Pro Tem Catoasked Mr. Anderson if the books would be set-up in such a manner the city could investigate and get the information necessary to determine they were meeting the requirements, Mr. Anderson stated they would submit an audit to the city upon request. Councilman Mills asked Mr. Anderson if the twenty locations in Tarrant County all sold beer, July 24, 1978 Page 16 Mr. Anderson replied only those located i n we t a rea s . Councilman Mills asked if there were any Pizza Huts that did not sell beer? Mr. Anderson stated the Pizza Huts located in Saginaw, Watauga, Haltom City and Bedford did not sell beer. Councilman Mills asked Mr. Anderson the difference in the businesses that sell beer as opposed to the ones'that do not sell beer, and had any had to close for the lack of business because beer was not sold. ..: Mr. Anderson stated they were in a di?advantaged position in an area where it is wet and haveto compete against, their competitors whosserve alcoholic beverage and have a location near by that can not sell alcoholic beverage then they experience some economical problems. Mr. Anderson stated they have not closed any Huts i ri Tarrant County, but have cl osed some in other areas···of. the State. Mrs. Pat Wolverton, 4800 Colorado~ 'appeared before the Council., Mrs. Woverton stated the Pizza Hut was a hangout for teenagers. Mrs. Woverton stated she objected to any kind of alcoholic beverage being served where young people gether. Mrs. Woverton advised they were exposed to enough temptation which we have no control over, but we do have control over granting this request for the sale of beer. Mrs. Woverton stated she felt it was the Councils responsibility to help in the area and she would appreciate it if the Council would vote against the Pizza Hut allowing beer to be sold in their restaurant. / Councilman Cavanaugh stated he understood Mrs. Wovertons feelings, but in a situation of a free enterprize market, is it fair having one restaurant down the street serving mixed drinks because it caters to an older group and a restaurant where the kids are going to go because it is cheaper, is that going to be fair to the business man. July 24, 1978 Page 17 Mrs. Woverton stated Steak and Ale was the only restaurant in the area that served mixed drinks and there was no comparison to Steak and Ale and the Pizza Hut. Councilman Cavanaugh asked Mrs. Woverton if she felt if the Council did not ' approve the Specific Use permit would it hurt the Pizza Huts business? Mrs. Woverton stated she did not feel it would hurt the business. Councilwoman Reeder stated that if the Counéil approved this request it was going to cost him sales because she had children and would not allow thern to go to this Pizza Hut. Councilwoman Reeder asked Mrs. Woverton if she would allow her children to go there: Mrs. Woverton stated that what you allow your children to do and what they do are two different things. Mrs. Woverton stated you would not always be able to protect your children. Mrs. Woverton stated she felt it was the Councils responsibility to help protect the younger people in the community, therefore, she was asking the Council to deny this request. Mr. Paul Duckett, 6540 Tabor, appeared before the Council. Mr. Duckett stated he would like to speak against the Council approving this request for all the reasons the lady before him presented. / Mr. Marvin Reed, limerick Lane, appeared before the Council. Mr. Reed stated he was a High School Teacher at Haltom High. Mr. Reed stated the·school had an open carnpus, which meant the kids could come and go as they pleased. Mr. Reed stated he often took kids from the church to the Pizza Hut and he would not want to take them to one that served beer. Mr. Reed advised the Council he would like for them to please think about this request before something was done that might cause more problems. July 24, 1978 Page 18 " Mrs. Judy Lyde, 6725 Hewitt, appeared before the Council. Mrs. Lyde stated she had just come from a :meeting of 700 citizens of the City who were objecting to a Council decision that was made in the past. Mrs. Lyde stated she did not know how many of the 700 citizens would object to having the Pizza Hut serve beer, but she did know that a majority of them would. Mrs. Lyde stated that at this meeting she had registered 100 new voters. Mrs. Lyde stated this was a conservative community and because of the conservativeness we have held back some-of the problerns suffered by Fort Worth, Arlington and other neighboring areas that are growing as North Richland Hills is and as far as the environment of the cornmunity a decision against serving mixed drinks would go along with the attitude of the people. Mrs. Lyde stated that by some method the wet-dry election was overturned. Mrs. Lyde stated she did not know how many signatures were on the petition, but felt like those people would disapprove of the request of Pizza Hut. Mrs. lyde advised the Council she intended to inform these people of the Councils decision and hoped that in the interest of the environment of the community the Council would deny this request. Mr. Duckett reappeared before the Council. Mr. Duckett stated he had lived in North Richland Hills for twelve years, one of the reasons he moved to the city was because it was dry. Mr. Duckett stated he was a Baptist Preacher and worked with young people. Mr. Duckett stated his interest was the young people and he felt that allowing the Pizza Hut to sell beer would be a temptation to the young people. Mr. Duckett stated he was ~equesting the Council to deny thi s request. Mr. Steve Boyd, 5013 Susan Lee, appeared before the Council. Mr. Boyd stated he felt if the Council approved this request it would add to the traffic problem on Grapevine Highway. July 24, 1978 Page 19 The public hearing was closed. PZ 78-26 Consideration and approval of Ordinance for PZ 78-26 Councilman Cavanaugh moved, seconded by Councilman Michener, to deny PZ 78-26, request of Pizza Hut for a Specific Use Permit- Mixed Beverages. Motion to deny carried 7-0. PLANNING & ZONING PS 78-40 PS 78-40, request of J. H. Williams & Associates for final plat of Blocks 43, 44, 45 & 46, Richland Terrace Addition Councilman Wood moved, seconded by Councilman Mills, to approve PS 78-48, subject to the City Engineers letter. Councilman Freeman asked the City Manager where the water was coming from for this subdivision: City Manager Riddle replied the water would come out of the present system. Councilman Wood asked the City Manager if the developer was aware of the building permits bei ng 1 irni ted; City Manager Riddle stated the developer would not be ready for building permits unti 1 next year. Councilman Cavanaugh stated the plat show~d agaslinè going through a culdesac. Councilman Cavanaugh asked Mr. Williams, the developer, if a house would be built on this gasline: Mr. Williams stated there would be no houses built on the easement. " Mayor Pro Tem Cato asked Mr. Will iams when the first house would be available for sale, Mr. Williams replied the first house would not be for sale until sometime next year. Motion to approve carried 7-0. July 24, 1978 Page 20 PLANNING & ZONING PS 78-42 PS 78-42, request of F. E. Harrington for final plat of Harrington Subdivision Mayor Pro Tern Cato moved, seconded by Councilwoman Reeder, to approve PS 78-42, subject to the City Engineers letter. After lengthly discussion by the Council, Mayor Pro Tem Cato moved, seconded by Councilman Mills, to postpone PS 78-42, until the August 14, 1978, Council meeting. Motion to postpone carried 7-0. PLANNING & ZONING PS 78-44 PS 78-44, request of Wayne W. White & James A. Robinson for final plat of Lots 1 & 2, Blöck 2, McMurray Addition Councilman Wood moved, seconded by Councilwoman Reeder, to approve PS 78-44, subject to the City Engineers letter. Mr. Britton, Director Public Works, advised the Council that Mr. White had taken exception to item 3 in the Engineers letter of June 9, 1978. , Mr. Delbert Stembridge, 5213 Cloyce Court, Engineer, appeared before the Council. Mr. Stembridge stated Mr. White owned two lots on Harmonson Road which had never been platted. Mr. Stembridge stated that when Mr. White applied for2a building perrnit he was advised he would have to plat the property. Mr. Stembridge stated he was not farniliar with the exception and asked Mr. Britton to briefly inform hirn. Mr. Britton stated Mr. White had already paid his pro rata for water and sewer and he objected to paying pro rata for Harmonson Road. " Mr. Stembridge stated that Mr. White had advised him he was willing to give the City a letter stating at the time the street was improved he will pay his share. Motion to approve carried 7-Q. July 24, 1978 Page 21 PLANNING & ZONING PS 78-46 PS 78-46, request of Folsom Investments, Inc., for replat of University Plaza Councilman Freeman moved, seconded by Councilman Wood, to approve PS 78-46. Mr. Britton recomrnended the Council postpone action on this plat for an indefinite period of time. Mayor Faram asked what the reason for postponement was. Mr. Britton stated there was still a problem with the Oil Company pipeline and the City did not have a letter on resolving the problem. Mr. Britton stated it was his desire the plat not be approved until the problem was resolved. Mayor Pro Tem Cato moved, seconded by Councilman Mills, to table PS 78-46. Motion to table carried 7-0. APPOINTMENT Appointment of four (4) members to the Planning and Zoning Board Mayor Fararn reappointed Mrs. Mary Jo Shaunty and Mr. Forrest Grubb to the Planning and Zoning Board~ Terms to expire May 1, 1980. Mayor Faram appointed Mr. Warren Eckhardt to the Planning and Zoning Board, term to expire May 1, 1980. Mayor Faram appointed Mr. Arthur Murnan to the Planning and Zoning Board, term to expire May 1, 1979. Councilman Freeman moved, seconded by Councilman Michener, to approve Mayor Faram's appointments. Motion carried 7-0. " APPOINTMENT Appointment of four (4) members to the Zoning Board of Adjustment Mayor Faram stated the Council needed more time to discuss these appointments, therefore, he would like to pass over this item. Mayor Pro Tem Cato moved, seconded by Councilwoman Reeder, to postpone action on this item until the August 14, 1978, Council meeting. Motion carried 7-0. PAYMENT PAYMENT July 24, 1978 Page 22 Approval to pay $1,000.00 to Forurn Insurance Company as deductible on an insurance case Councilman Mills asked the City Manager what case this was? Mr. Riddle advised it was· the Willie Nelson case. After discussion, Councilman Michener moved, seconded by Councilman Cavanaugh, to approve paying $1,000.00 deductible to Forum Insurance Company. Motion carried 7-0. Approval of payment of $70,662.56 to Red River Construction Company Mayor Pro Tem Cato moved, seconded by Councilwoman Reeder, to approve payment to Red River Construction Company. Mayor Faram stated the contract documents were available to anyone who wished to inspect them. City Manager Riddle stated the 24 inch pipe for the line had been delivered today. The Contractor has two crews working on the 1 i ne... The Ci ty Engi neer has heen in touch with the contractor and the Contractor has made an offer to bring in larger equipment and add another crew. Mr. Riddle stated the contractor was willing to sign a change order on the contract that he will get water into the system by September 25, 1978, if the Council will pay him approxirnately $21,000.00 more. " Councilman Freeman asked how many days would be saved by advancing the schedule: City Manager Riddle stated about 8 weeks, but there maybe a delay on the meter to put on the system. Mayor Pro Tem Cato stated he had understood the City Engineer, at the last Council meeting~ to give a date of water availability as the middle of October. July 24, 1978 Page 23 City Manager Riddle stated the contractor felt that bringing in the larger equipment and adding another crew he could rnove the date up. Councilman Freeman asked the City Manager if there was any room to negotiate with the contractor and move the date to September 1, 1978. City Manager Riddle stated the City Engineer would be negotiating with the contractor. Mayor Faram asked Mr. Riddle how many days the contractor suggests he would be saviñg the city? Mr. Riddle stated the contractor was saying 8 weeks and he will have water in the line. If the contractor does not meet the deadline the city can fine him $100.00 per day for every day he goes over the deadline. Mayor Faram asked Mr. Riddle if there was some way a meeting with the contractor could be set for sometime this week? Mr. Riddle replied the contractor was leaving town this week ànd it would be Thursday before he came back. Mr. Riddle stated the Council rieeded to have-the City Engineer negoiate with the contractor on the contract. Mayor Faram instructed the City Manager to set up a meeting with the City Engineer and the contractor and discuss the matter. Motion to approve payment carried 7-0. PUBLIC HEARING REVENUE SHARING " Hearing on proposed use of Revenue Sharing funds for the year beginning October 1, 1978, and ending Septernber 30, 1979, approximately $164,000.00 City Manager Riddle advised the Council this would be the first of two public hearings on Revenue Sharing. Mayor Faram asked the City Manager to make the presentation on the proposed use for the funds. City Manager Riddle stated he proposed the the funds ce used for construction of a new Fire Station and for the purchase of a pumber truck. ANNOUNCEMENT July 24, 1978 Page 24 Mayor Faram called for anyone present wishing to speak on this item to please come forward. Mr. Bill Pruitt, 6633 Victoria, appeared before the Council. Mr. Pruitt asked if the City Manager could be more specific on the use of the funds: Mr. Riddle stated the city was going to have to put in another Fire Station location that would be rnore centralized. Mr~,Riddle stated the city owned some property in Emerald Hills, but did not want to put the Station there because the area"was most1y residential. Mr. Riddle stated the city would have to look for a place to build the Station. Mayor Faram closed the public hearing. Mayor Pro Tern Cato asked if any changes could be made pertaining to the use of the funds. Mr. Riddle stated changes could be made at the next public hearing. Mayor Faram asked the requirement for the next hearing: Mr. Riddle stated the next public hearing would be in conjunction with the budget hearing. / Councilman Michener asked what kind of notice was given prior to the public hearing. Mr. Riddle stated the notice would be published in the newspaper. Councilman Freeman advised the Council he would like to discuss the meeting that was held by the PTA concerning the school crossing on Rufe Snow and let the Council know of their recommendations. Letter from PTA attached. July 19, 1978 Memo To: Councilman Dave Freeman From: Mrs. Pat Johnson Subject: Pedestrian Safety - North Richland Hill Jr. High and Snow Heights Elementary 1. Crossing Guard - now - beginning of school - 7:30 a.m. to 9:00 a.rn., 11:30 a.m. to 1:00 p.m.,2:30 p.m. to 4:00 p.m. a. Painted crossing walkway on the north side of Shauna (presently on the south side and worn) b. Police surveillance and backup the Guard 2. Sidewalk on Rufe Snow 3. Double acting light - time delayed - in conjuction with crossing guard 4. 4 way stop signs at Redondo and Shauna (presently two-way stop signs on Redondo only) 5. No parking on school ~ide of streets on Marilyn, Vance and Shan~a during school hours 6. One way traffic on Marilyn (east), Vance (south), Shanua (west) during school hours - 7:30 a.rn. - 9:00 a.m. - 2:00 p.m.. - 4:00 p.m. 7. Yellow triangle signs or school zone signs placed further back at least one block, to remind traffic they are in a heavy pedestrian area, as well as signs now located close to the school We have met and studied the school pedestrian area and feel very strongly that our children need more protection going to and frorn school. Because of the' increase in housing and traffic more hazards have been cr~ated. Last December there were over 85 elementary school children crossing Rufe Snow without . protection. This is extremly dangerous. We have also found that many cars are traveling thru the area that are not aware it is a school area. Atpresent school signs are posted only where school is in view. We feel that. added signs back further would remind people they are in a concentrated pedestrlan area. We want to thank the Mayor and Council for, thei r concern in our çhi 1 drens ,saf,eJ:¥ and are willing to do whatever we can to help make this area safer for our children. ANNOUNCEMENT ADJOURNMENT ATTEST: Jeanette Moore - City Secretary " July 24, 1978 Page 25 Mayor Pro Tem Cato announced there would be a meeting of the Airport Study Commission August 30, 1978~ at 7:30 p.m. A second progress report would be given. Mayor Faram adjourned the meeting of July 24, 1978. Dick Faram - Mayor