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HomeMy WebLinkAboutCC 1976-09-27 Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD AT THE CITY HALL, 7301 NORTHEAST LOOP 820, SEPTEMBER 27, 1976, - 6:30 P.M. CALL TO ORDER Mayor Newman called the regular meeting to order September 27, 1976, at 6:30 p.m. ROLL CALL PRESENT: Mayor Councilwoman Councilmen Mayor Pro Tern Tom E. Newman Dorothy McCl ure Denver Mills George Conant John Lamond Wa 1 ter Smi th James Cato INVOCATION APPROVAL OF MINUTES Councilman Conant gave the invocation. Approval of the Minutes of the September 13, 1976, Meeting Councilman Lamond moved, seconded by Councilman Smith, to approve the minutes of the September 13, 1976, meeting. Councilman Conant advised that on page four, paragraph seven, it should be Councilman Conant instead of Councilman Mills. Motion carried 6-0, as corrected. CITIZENS REQUEST Citizens Request - Mr. Walter Browning, Request a Variancefnom the Brick Ordinance Mayor Newman called for anyone present wishing to speak for this request to please come forward. Mr. Walter Browning, Builder, 6912 Betsy Ross, Watauga, appeared before the Council representing this request. Mr. Browning showed the Council plans of the house he was building. Mr. Browning stated the house did not meet the requirement of being 75% brick. Mr. Browning stated that he wanted to lower the elevation of the roof on the 1st floor, it would actually have more brick than roof. Councilman Lamond asked Mr. Browning where the house was located. September 27, 1976 Page 2 Mr. Browning stated that it was located at 4013 Diamond Loch West. Councilman Lamond asked Mr. Browning the value of the house. Mr. Browning replied about $70,000. Councilman Cato asked Mr. Britton if the Zoning Ordinance or the Building Code. required the 75% brick. Mr. Britton replied that both Ordinances required 75%, this request did not comply with the Building Code. Councilman Lamond moved, seconded by Councilman Cato, to approve Mr. Browns request. Motion carried 6-0. PLANNING & ZONING PZ 76-11, ORDINANCE #637 Planning & Zoning - PZ 76-11, Request of Joe Donald Crane to rezone Lot C, Calloway Addition, from Multiple Family to Commercial Mr. Joe Crane, 6409 Halbrook Court, appeared before the Council representing this case. Mr. Crane advised the Council that the property was located at Parchman and Glenview, it is presently zoned Multiple Family. Mr. Crane advised that he wanted to move his Electrical Company to this location. He would have an office and storage building. Councilman Cato asked Mr. Crane if he would use any type of billboard advertizing. Mr. Crane replied he would not. Mayor Newman asked if Parchman had been dedicated. City Engineer Dick Perkins advised that it had. He advised the city had obtained right-of-way on Parchman, due to an erron, on our part additional right-of-way was paid for on Lot ,C, instead of 88 feet on the front and back it should be 85 feet. Mr. Perkins advised it was not picked up on the plat. Mr. Perkins advi sed there was a recorded ri ght-of-way deed indicating the 3 foot dedication. September 27, 1976 Page 3 Mr. Britton advised the dedication was indicated on the plat. Councilman Cato asked if the 85 feet was correct, or should it be 88 feet. Mr. Britton advised the 88 feet was correct. Mayor Newman called for anyone wishing to speak against this case to please come forward. No one appeared against this case. Councilman Lamond moved, seconded by Councilwoman McClure, to approve PZ 76-11, Ordinance No. 637. Motion carried 6-0. PLANNING & ZONING PZ 76-12 & PZ 76-13 Mayor Newman asked the Council if they would agree to hear PZ 76-12 & PZ 76-13, together. All Council Members ageed. PZ 76-12, Request of Mangham Airport Joint Venture, to rezone 3.84 acres of the T. K. Martin Survey from Industrial to Specific Use - Airport. PZ 76-13, Request of Mangham Airport Joint Venture, to rezone 86.18 acres of the T. K. Martin Survey from Industrial to Industrial Specific Use - Airport Mr. Bill Pasteur, Managing Partner Mangham Airport Joint Venture, appeared before the Council and made the following presentation: (: Mangham owned 170 acres in the city. A tract North of Cardinal Road and South of Cardinal. The first zoning case is on the North of Cardinal and consists of 3.84 acres. The second case is South of Cardinal and is Mangham Airport. Previously they had requested a larger tract, but inconjuction with Deed Restrictions and to assure the city and neighbors that this was the limit of the expansion of the run-way, it was reduced to 3.84 acres. The basic reason for this zoning request if that Mangham is designated as non-conforming use. This limits and prohibits the moderation of the Airport and the development of the facilities and poses a safety problem. Mr. Troy Fuller, Partner of Mangham and Pilot Mr. David Hu1hes, Engineer and Mr. Neil Adams, Attorney, would also speak on these cases. September 27, 1976 Page 4 We have owned and operated Mangham for the past 3~ years. extensive investigation was made as to the potential that existed ,and they want :todevelop the potential. They asatained there was more there than just a weekend Airport. They wished to develop a major industrial Airport. They knew they had a problem with limitions on the runway with Cardinal and the highlines. Public Hearings were held to close Cardinal. The hearings started in September of 1975, and ran thru March of 1976, it was never resolved, that was due to Mangham's withdrawal. There was multiple protest, we were amased at these complaints prior to these Public Hearings. We had co-existed for a number of years with our neighbors and had no foresight of this. However, once we see the concern of our neighbors, we set to work on how we might better assure our furture relationship would be in harmony. First we raised our flight pattern from 800 feet to 1,000 feet above ground. We published it in a rigid floor mat. It was distrubted to all patrons in order to control the height and direction of the aircraft. We made an indept study of our Rules and Regulations, in this we studied other genreal aviation airports like Mangham. We published these Rules and Regulations in book form and distrubed to all parties using Mangham. These Rules and Regulations are quite strigient, we are a private interprise and are very explicit and they provide for the rule of suspension for anyone from this for like of compliance from such. We involved FAA in our dilemma, we sought their guidance and advise. They have been most cooperative. They assisted us in installing a Vase System (Visual Approach Slope Indicator.), a pliot can view it from a great distance and it tells them if they are too high or too low or on the direct flight pattern. This was done to keep the planes incoming from the North and all planes at the highest possible altitude over the residental areas and what would be a safe approach to the Airport. After many discussions with FAA they have arranged to loan us for installion an electrically enlighted Vasey System. FAA intends to make an indept study at general aviation airports and monitor its results. We were not questioned clòsley previously on what we intended to do at Mangham. This required the development of a Master Plan. This would be very expensive to develope and would be a complete financial loss if the zoning was not approved and Cardinal closed. However, this was such a point of concern that we devloped a Master Plan. This plan assumes -.,., September 27, 1976 Page 5 approval of these zoning cases and the closing of Cardinal. We offer to meet with any concerned citizen, and have met with some of them to assure them of our sincerity in all cases. Last, to insure the city and all our neighbors that Mangham is not going to become ~umored crawling giant, inviting Jet Aircraft and Cargo Aircraft. We have instructed our Attorney to prepare Deed Restrictions to be filed of record, to run with the land that would limit the length of the runway and weight of the aircraft that would be landing. We have a great potential in having the Airport in North Richland Hills. Every City must have industry to broaden the tax budget. Mr. Pasteur asked the Mayor for rebuttal of those speaking for and against these cases. Mayor Newman stated they could have rebuttal. Mayor Newman asked the Council if they would like to set a limit on the debate. Councilman Mills stated he wanted to hear everyone. Mr. Troy Fuller, 104 West Euless Blvd., Partner and Pliot, appeared before the Council and made the following presentation. For my part in the presentation I would like to breakdown in three parts. First, one of the many questions that we have been asked is what type of buildings we were trying to bring into the Industrial Park. We have some film from Addison Airport to show. Addison is located one mile north of Dallas and has a population of 5,000 people. Second, is the Vasey System, ours is not in operation, we have been checking it our for the past week. We have studied Denton's system and would like to show you what Denton's looks like from the air and how it works. Third, The taxes that I project would be involved for the next 10 or 20 years as the Airport expands. A slide presention was made showing Addison Airport and the Vasey System at Denton. A diagram was shown of Mangham, Main Street *875 Thousand Total property taxes from the Airport when in full operation would be approximately 190 thousand. September 27, 1976 Page 6 and Martin Road. Also a glide slope. Councilman Cato asked if the glide slope was established by the Vasey. Mr. Fuller replied it was. Councilman Cato asked the heights over Main and Martin. Mr. Fuller replied, at Martin the orginal glide slope was 69 feet above ground, presently 181 feet above ground level; Main previously 107 above ground level, presently 272 feet above ground level; at North Glenann the previous level was 131 feet, present 381 feet, with the extension it will be 329 feet. Councilman Mills asked if the Vasey worked on an adverage condition or did the wind speed get built into the system. Mr. Fuller replied the wind had nothing to do wi th it. Mr. Fuller stated that a total of 170 acres was what they would start out with, 50 acres is what they thought would be involved with taxiways, hangers and left to be developed would be 120 acres. Normal warehouses.and office mixed would be 70% warehouses and 30% offices. Estimated taxes per year, after development, would be based on the market value for offices and warehouses would be 32 million dollars. Hangers, runways and FBO office space would be 875*million dollars. Combined improvements to the Airport estimated values would be 109*thousand dollars for the city. Mr. David Hughes, Engineer and Land Planner, 1004 West Euless Blvd., Euless, Texas, appeared before the Council and made the following presention: The Master Plan shows a proposed major thoroughfare, Conent Drive, the proposed extension of Cardinal, proposed closing of Cardinal and another proposed street on the west of the Airport (Airport Drive). The proposed 3,000 foot runway, with a 500 foot extension of the existing runway. September 27, 1976 Page 7 In the Airport Industrial related facilities there are 12 lots, which have access to public streets and direct access to the Airport operations. On the east, we propose Munitipal Familv closer to the Airport, Tri Plex Units in the middle and duplexs on the outside. On the west side is deligated for industry, warehouses and office space. The proposed Airport Drive will be a collector street starting above the Airport and stubbed out to be extended to the property south of the developement. Cardinal will tie into Conet Drive and make connections to 121. Four acres on the west of Cardinal will be used for office-warehouse type facilities. At no time will Cardinal be closed without the other roads opened. Councilman Lamond asked Mr. Hughes to detail what streets Mangham would pay for having done. Mr. Hughes replied Mangham would be responsible for building Cardinal's by-pass and everything within Mangham Airport's property. Mr. Neal Adams, Attorney, 301 West Parkway, Euless, presented the following presentation: I have been requested by the Trustee's of Mangham to review the Deed Restrictions. The Restrictions pertain to both zoning cases. I would request that when you take a vote on these zoning cases, that you vote also to authorize the approriate City Officials to excute these Deed Restrictions with the Trustee's of Magham. In regard to the north zoning, there are a number of exhibits attached to the basic of the Deed Restriction. This is a contract between North Richland Hills and Mangham Airport. It would restrict any runway that was designed for that particular piece of property, and would have to be constructed in a fashion that it would not accommdate a general aviation aircraft that would exceed 10,500 lbs. maximum weight in addition that particular provision provides that the existing runway cannot be extended to exceed 400.3 feet from the north right-of-way of the existing Cardinal Lane, which in effect makes the runway approximately 3,000 feet in length. The Deed Restriction in addition gives the City of North Richland Hills the authority to assess and fine anyone that might violate September 27, 1976 Page 8 these restrictions, whether they are the present owners or subsequent owners. In addition it provides that the Trustee1s of Mangham and any subsquent owners would pay for any court cost or attorney's fees that the city might have to enforce the Deed Restrictions in court action. The North Deed Restriction provides that the Trustee's agree to construct and re-route Cardinal. The city as part of this contractal deed would agree to close a portion of Cardinal and vacate that property back to the owners. These Deed Restrictions require that Cardinal not be closed until such time as the proposed Cardinal is extended and constructed, at that time the Cardinal Lane vacation would take place. In addition the north Deed Restriction provides that this Deed Restriction would terimate within 15 years of the date of the Deed Restriction. The time limit is put on because it is our belief that the Master Plan would be completed at that time and expansion of the Airport would be impossible. A portion of the south Deed Restriction provides that the porperty be restricted to the existing Airport, no runway could be designed or constructed that could accommidate general aviation aircraft that would exceed 10,500 lbs~, maximum gross weight. Councilman Cato asked that general avation aircraft be defined. Mr. Troy Fuller replied general avation aircraft would be all aircraft that is not commercially controled by the Federal Government. Mr. Pasteur advised the Council that he had two resol uti ons, ,one from the Hal tom-Ri chl and Chamber and one from the Bedford-Euless Chamber, in general they state that the Northea~t area needs adequate airport facilities. Also, COG has published a total transportation plan of North Texas for 1990, and within the publication plan they are recommending general avaition for this area. FAA has been cooperating with Mangham and recgonizes the need for this facility. Conet is pursuring the general avation field and the location of such. The City of North Richland Hills has the need for this facility within its compine. Mr. Pasteur stated this concluded their presentation and they would be happy to answer any q ues ti ons . September 27, 1976 Page 9 Mayor Newman called for anyone wishing to speak for to please come forward. Mr. Charles Owen, Martin Road, appeared before the council and stated there was several present representing the Economic Committee of the Haltom-Richland Chamber that would like to speak, but would like to defer their presentation until after the opposition had spoken. Mayor Newman called for those against to please come forward. Mr. Bill Ratliff, 9224 Amundson Road, appeared before the Council to speak against this case. Mr. Ratliff advised the council that he turned in two petitions tonight against this re-zoning. Mr. Thad Biard, Planning and Zoning Member advised the council that no one appeared before the Zoning Commission against this case. Mr. Ratliff showed the council two aerial photographs of Mangham. The first map dated August 17, 1976, the second is dated April 13, 1972. When Mangham was taken into the city and the Zoning Ordinance created, it was nothing more than a private field for Charlie Mangham1s father. After that time they picked up some side business and created a small commercial operation. At that time the runway ran Northeast to Southwest. The Zoning law was created in 1958 and amended in .1968, this was the construction of the Airport when the Ordinance was amended. The Tax Office reported improvement in 1967 on the runway. They have been operating illegal since 1965. They are no-conforming use and have been operating as commercial. One hanger was built in 1969, and another in 1970, and one in 1971, some were built with building permits, and some were not. Our Ordinances do not permit this, they require a $200.00 a day fine for any occupantcy of a building that has been built without a permit. In 1967 the runway was valued at $18,700.00, it is still on the Tax roll as $18,700.00. As of 1973, the total City Tax value was $825,000.00, the Deed of Trust showed one million four they owed on it. This would indicate they were attempting not only to build against the Zoning Ordinance, but cheat the city out of taxes. We have one petition that contains 2 pages,one pertains to the east side, and one to the west. Our Zoning Ordinance requires that a vote of 75% of the council to pass the zoning if 20% of the property owners adjacent to property protest. September 27, 1976 Page 10 They had no protest at the Zoning meeting because they dropped back 200 feet and the property owners thought they did not have a chance. The council in the past has not condoned a Zoning request just because the owner dropped back 200 feet to get around the law requirements. One of their hangers shows to be over 100 feet, they are not zoning, having using it illegally all these years. They won't stop after getting this zoning. Recently a plane crashed 2,500 feet of school property and 400 or 500 feet of Mr. Satterwhite's house. Mr. Ratliff showed pictures of the crash. Mayor Newman asked Mr. Ratliff if he checked to see if building permits were issued. Mr. Ratliff replied he did, one was issued in December 1969, July 1970, and December 1971. The Ordinance states that the City Manager, City Secretary, or any City employee has the authority to issue a building permit, the council must give special use permission for them to improve the fixtures. Councilman Cato asked the City Manager about the difference in tax valuation and what is currently owed. The City Manager replied it was probably assessed valuation. He would have to check the tax records. Mrs. Mikel Brown, 4801 Main, appeared before the council against this case and presented the following case: I have a petition containing 168 signatures from people allover the city voicing their opposition to the re-zoning. I have talked with principals of the schools and they are very concerned for the safety of children with the planes coming over the schools. I checked and the Vasey System is on loan from the FAA, however they stated they had no control over the system, they had nothing to do with it, it was just a study they were allowing them to put in, just to see how it went. I talked to the Airlift Facili~tiesCornpany who he 1 pedi ns ta 11 it, they advised me the maximum that the government would install it at was 4.25 degrees, they have installed out there at 6 degrees, this makes it extremely September 27, 1976 Page 11 steep for the pilots to come in. The FAA told me it was a close altitude of 1,600 feet over Glenann. They also said this was extremely stee ;1 , it represented a hazard to the pilots coming in, depending upon the weather conditions if it was too cold it would cause an oversheet because of the engines. The FAA stated that they assumed that if it was not safe for the pilots this steep and if they lower it to where the pilots can fly it, then it is not safe for the res i den ts . The limit of 10,500 weight planes leaves the door open for any type plane and increased traffic over the homes. The EPA came out in March and ran noise test, it was .10 desmals before the normal noise factor at the time they took it. They also stated with increased planes coming in and out, it would raise the level to about O. The FAA told me there was too many restrictions and limitations in this particular area for this airport to expand. They also stated that there is not compatable land, they do not recommend putting in a run way in a residential area. They have fought this in other areas. I checked with NCCOG, they made a study and Tarrant County did need 2 general aviations airports. Mangham was not in the area conducted in the study. If we need another airport put it out on Davis Boulevard or in Keller. Sooner or later a plane will crash into a school or house. Councilman Smith asked Mrs. Brown if any pilots signed the petition. Mrs. Brown replied some have. Councilman Smith asked if they flew into Mangham. Mrs. Brown replied yes. Councilman Smith asked if they were against the Airport. Mrs. Brown answered some were. Councilman Smith advised he had talked to two or three and they saw no problems. Councilman Cato asked the City Manager if this Zoning Case had been published. September 27, 1976 Page 12 City Manager replied it was. Councilman Cato advised he wished to make a statement to try to keep things in prospective. We are not discussing installing a airport, we have a airport that has been here before the houses, schools, and Junior College. We are discussing allowing the present airport to expand their facilities, which will probably indirectly cause greater traffic. Mr. Bob Pratt, 6287 Shirley, Sunnymeadow Addition appeared before the council and presented the following. I am new in the area, they don't fly over my house, they fly around it. My question is the examples they gave of Addison Airport, how much of the business and the actual dollar is received or generated by the jet traffic? As far as safety sake, I think that something needs to be done. Mrs Byrd, 8320 Dud Court, appeared before the council and stated that she was not for or against the airport. She would like a clarification of how much of an increased volume of airplanes we would have at Mangham, and how high or low they would be. What kind of control would we have? Mayor Newman advised he did not think we could answer on how many planes would be coming in at this time. The City would have control. Mr. Oscar Oggier, 8600 Martin, appeared before the council and stated his biggest concern was the closing of Cardinal Lane. He has a business located where they want to close the last part of Cardinal and open the North part. Is that going to be cutting off his property? Mr. Hughes advised it did not touch his property. Mr. Oggi er stated the city neededj'Jf'1angham if an airplane is flying it can go any where in the world. The pilots should follow the flight pattern and if they do not want to let them take their planes somewhere else. Mayor Newman called a FIVE MINUTE RECESS. Mayor Newman called the meeting back to order. The same council members and staff were September 27, 1976 Page 13 present as recorded at the beginning of the meeti ng. Mr. Elmer Dorsett, 6517 Chilton, appeared before the council and advised the council he had signed the petition, he had a very short period of time to make a discussion. He did not have the knowledge to make a discussion at that time. He signed the petition to not close Cardinal Lane. I ask that we approve this request. Richard Wheeles, Captain of the Civil Air Control, CAP center which is located in this area, appeared before the council. We have no financial connections with the Airport. They do keep their aircraft there. The reason he wished to speak is because they have been involved in the safety program. He felt that we had gotten some misleading information. He stated he ahd been flying in and out of Mangham for about 6 years. They carry their cadets which are youngsters out. They also fly rescue missions out of the airport. There has been a traffic problem for a long time. Mangham has come out with a set of Rules and Regulations, they request that you do not fly over the schools and Tarrant County Junior College campus. One of his members who is an FAA employee, he maintains the approach system at DFW, Meacham, and Love Field Airports, he found that they were dismantled the Vasey System at Love Field. He asked about this equipment to Mangham. FAA could not give to a private individaul, they could give it to the City. They followed it up and FAA could give tt to CAP. We accepted and loaned it to Mangham and at the end of their period, we could give it to them. FAA agreed that Mangham would be a good place to test on the equipment, they agreed to loan it directly to Mangham so the CPA would not be involved except in helping ins ta 11 it. We have flown the poor mans system and the light system and the approach is safe. With the new system the landing is safer. There are signs out on Cardinal saying "Watch for low flying aircraft". We have made the approach and almost hit cars, watching the low flying aircraft come in. Mr. Wheeles stated Mangham was trying very hard to make this a safe airport. September 27, 1976 Page 14 Mr. Jimmy Kirk, Shady Grove Road, appeared before the council and made the following statement: I signed the petition against the expansion but am not sure now. I have heard both sides of this and my first objection is that my house is in the direct flight pattern. We get a plane about every 2 hours. Why not hold it to single engine aircraft. Another thing is the safety factor, they fly over schools, and there is still that chance, but we take a chance every day a car could run over us. The safety factor is not as important as the process in the city. Robert Hill, 8424 Donna, appeared before the council and stated that he was a local Fixer Base Operator at Mangham, and he had an interest in Glenann and Mangham. He stated he would like to express his opinion that expanding Mangham could only improve North Richland Hills. Dane Stevens, 6516 Collard Court, Glenann Addition, appeared before the council and stated there was one thing that came up earlier and that was the plane crash. The pilot tore the plane up, but be thankful he wasn't killed. The reason he crashed was he did not have enough run way to land. Had he had the 500 feet extension the plane would still be flying today. Mr. Charlie Owens, 8070 Martin Road, appeared before the council and made the following statement: I live directly under the North approach of the runway. I am also an Industrial Developer and Haltom-Richland Econic Coordinating Team. We have 20 business men here in Haltom- North Richland area and it is our job to seek out desirable industries that want to come into our ci ty. We believe these people have a tremendous Master Plan. They have given so decent and reasonably Deed Restriction. We feel that Mangham will be good for the City. Mr. Oscar Reeder, 4829 Blaney, CPA Hal tom- Richland Chamber, appeared before the council nad stated that he and the Chamber would like to endorse the restriction as part of the Zoning change. He stated he felt September 27, 1976 Page 15 like there was 2 items involved, were that some felt like we were here to close an airfield, and it was actually a Zoning case. The safety aspects, the orderly development of this in North Richland Hills far out weighs the other side. It would greatly expand our Tax base and sales tax. Mr. Pasteur, appeared before the council and stated they would not attempt to answer the charges Mrs. Brown, and Mr. Ratliff brought tonight. They were too many. The case we have presented was heard and recommended unanimously by the Planning and Zoning Commission. Mr. Pasteur advised the Mayor that Mr. Gary Larimore of the FAA requested that the tapes of this meeting be preserved so the allegations about what FAA said would be answered. Mr. Adams appeared before the council and advised he wanted to respond to two items, one he requested that if the council did vote in favor to execute the Deed Restrictions with Mangham. The other item was the petitions. The petitions were not filed according to City Policy. Mr. Ratliff appeared before the council and stated that he was on the Zoning Board at one time and at no time did he recall that a petition had to be sworn to. The State Law takes presidor over a minor difference between the State Law and the charter. You have over 20% of the property owners against the Zoning case. Mrs. Brown appeared before the council and stated that she was not for closing the airport. We pay taxes also. Why can1t we have a meeting and reach an agreement. Mr. Ratliff appeared before the council and stated the charter allows to bring this up for a referendum vote within 30 days. Mayor Newman made the following statement, one of the things I was concerned about in this city and have been working hard on is industry in this city. He signed the petition the first time this case came before the council. I may be wrong, it kind of puts the council on the spot, it is my opinion that as long as the airport people September 27, 1976 Page 16 have asked for 461 feet, the first time they ask for a thousand, I feel like they have tried to cooperate. The point the council has to take in to consideration is whether or not these people have a legal right to zone the airport under specific use with this counci. After hearing both sides from the very beginning, I have come to a decision tha maybe I was wrong. Councilman Smith moved, seconded by Councilman Conant to approve PZ 76-12, Ordinance 638. Councilman Smtih stated that he ahd talked wi th boths ides. He felt Mangham was tryi ng to do right. He felt this would be a benefit to the city. Councilman Lamond stated that in the recent elections that we went through, the biggest gripe to him was taxes. If that is the greatest concern to the people this is perhaps the opportunity of a decade for a council to take more positive steps to hold taxes down. Councilman Conant stated that he felt that Mangham had satisfied one of the things that bothered everyone, and that was the glide slope. There seems to be a great improvement over what we have had in the past. Councilman Mills stated that his principal interest was the safety factor. Also noise angle, he thought the noise was something you learned to live with. If Captain Wheeless is willing to state that it is safe enough to fly his students in and out of Mangham, with the changes, we are going to make would make it safer. Councilman Cato stated that this was a hard decision on his part. He felt that the citizens had the right of Protection from the Council. He also believed the airport has the right to expand within reasonable limitations. The airport has added the equipment to eliminate part of the noise. They have reduced the length of the expansion. Councilman Cato stated that he hoped we did not have the problem of health and safety. Motion carried 6-0 Councilman Smith moved, seconded by Councilman September 27, 1976 Page 17 Lamond to approve PZ 76-13, Ordinance 639. Motion carried 6-0. Councilman Cato asked about the Restrictions. The City Attorney advised that the Restrictions would have to be put on another agenda and voted on. A FIVE MINUTE RECESS WAS CALLED. Mayor Newman called the meeting back to order the same council members and staff was present as recorded at the beginning of the meeting. PZ 76-14 PZ 76-76-14, Request of Warren Bates and Allen H. Sanders to rezone a portion of Lot lR, Block J, Smithfield Addition from 1-F9 to Indus tri al Mayor Newman called for those present wishing to speak for this case to please come forward. Mr. David Hughes, 'Engineer, appeared before the Council representing Mr. Bates and Mr. Sanders. He stated that four years ago Bates purchased this property and intended to build warehouses on it. In rezoning the property one lot was left out. They wanted to rezone this lot for Turther expansion. Mayor Newman called for present wishing to speak aganist this case to please come forward. No one appeared aganist this case. After discussion, Councilman Conant moved, seconded by Councilwoman McClure, to approve PZ 76-14, Ordinance #640. Motion carried 6-0. RESOLUTION Consideration of Resolution Regulating the issuance of Building Permits. After discussion, Councilman Cato moved, seconded by Councilwoman McClure, to table this item until a worksession could be held. Motion carried 6-0. September 27, 1976 Page 18 BUDGET-1976-77 Consideration of Ordinance Approving the 1976-77 Budget Councilman Smith moved, seconded by Councilman Mills, to approve the 19~6-77 Budget, ordinance #641. Councilmen Cato stated he would like to have a work session on the pay plan. He he wanted to keep the Planning Department sperated from the Public Works Department also. Councilman Cato asked that the motion be amended to pass the Budget without the pay plan. Councilman Smith refused to amend his motion. Motion carried 4-3; Councilmen Conant, Cato and Mills, voting aganist the original motion; Councilmen Lamond and Smith and Councilwoman McClure voting for; Mayor Newman voted for to break the tie. 1976-77 TAX RATE Consideration of Ordinance approving the 1976-77 Tax Rate Councilman Lamond moved, seconded by Council- woman McClure, to approve the 1976-77 tax rate, Ordinance #642. Motion carried 6-0. CLASSIFICATION CHART Consideration of Ordinance Approving the Classification Chart Councilman Smith mo~ed, seconded by Councilman Mills, to approve the Classification Chart, Ordinance #643. Councilman Cato stated that he would also like to have a worksession before approving the Classification Chart. Motion carried 4-3; Councilmen Smith, Lamond and Councilwoman McClure voting for; Councilman Conant, Mills and Cato voting against; Mayor Newman voted for to break the tie. ADJOURNMENT Mayor Newman adjourned the meeting of September 27, 1976. ~Cll~~ ATTEST: ~ Ci ty Secretary