HomeMy WebLinkAbout1997-10-14 r.
MINUTES OF A REGULAR MEETING
OF THE
EULESS CITY COUNCIL
OCTOBER 14, 1997
CALL TO ORDER
A regular meeting of the Euless City Council was called to order by Mayor Pro Tern
Charlie Miller at 4:15 p.m. on Tuesday, October 14, 1997, in the downstairs
Administration Building Conference Room. Those present included Mayor Pro Tern
Charlie Miller and Council Members Bobby Baker, Carl Tyson, Katie Edwards, Leon
Hogg, and Glenn Walker. Mayor Mary Lib Saleh was out of town. Precouncil discussion
was held on agenda items and other scheduled items. A closed session was held to
discuss personnel matters as authorized by Section 551.074 of the Texas Government
Code.
COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS
The Euless City Council continued their meeting in the Council Chambers at 7:08 p.m.
for the consideration of scheduled items.
Staff Members Present
City Manager Tom Hart; Assistant City Manager Joe Hennig; City Attorney Bob
McFarland; City Secretary Susan Crim; Director of Planning & Development Bo Bass; City
Engineer Paul Kruckemeyer, P.E.; Fire Chief Lee Koontz; Director of Finance Loretta
Getchell; Director of Economic Development and Marketing Dave Witcher; Director of
Administrative Services Tom Cox; Administrative Assistant Scott Campbell; City Planner
Carol Griffith; Reserve Police Officer Clyde Cullum; Administrative Assistant Cathy
DiMaggio; Inspection Services Supervisor Jim Moy; and Becky Null, Assistant to the City
Secretary.
Visitors
Diane Smith, Jim Sinclair, Mimi and Jeff Byerly, John Butler, Rev. James Burgoyne, Doug
McMullin, Jim Packer, Bill Armstrong, Jen and Patricia Williams, James Little, Keith
Whitmore, Mickey and Lisa Pierce, Planning & Zoning Commissioners George Zahn and
Billy Owens and other visitors as noted on the visitor's register.
PLEDGE OF ALLEGIANCE
�
„ Junior Girl Scout Troop #1500 led the Pledge of Allegiance.
CITY COUNCIL OCTOBER 14, 1997 PAGE 2
Now INVOCATION
Pastor James Burgoyne, Cornerstone Family Church, gave the invocation.
CONSENT AGENDA
Items 1 through 5 were approved as follows:
ITEM NO. 1 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1256
Approval of the first and final reading of Ordinance No. 1256 repealing Sections 2-86
through 2-90, Collectively Comprising Division IV "Community Advisory Board" of Article
II of Chapter 2 of the Code of Ordinances.
ITEM NO. 2 AWARD OF BID NO. 97-40
Approval of awarding Bid No. 97-40 to Aramark Uniform Services, P. O. Box 830, Fort
Worth, Texas, in the amount of $29,012.88 annually for a term of two years for uniform
rental.
ITEM NO. 3 AWARD OF BID NO. 97-41
Approval of awarding Bid No. 97-41 to Sig-Op System, Inc., Edmond, Oklahoma, in the
amount of $52,470.70 for installation of traffic signal at El Camino Real and W. Pipeline
Road.
ITEM NO. 4 NOMINATION OF MEMBER OF BOARD OF DIRECTORS OF TARRANT
APPRAISAL DISTRICT
Melvin Shuler, Jr., was nominated for a two-year term beginning January 1, 1998, for
member of the Board of Directors of Tarrant Appraisal District. The election of the Board
of Directors will be conducted by all participating entities prior to November 15, 1997.
ITEM NO. 5 APPROVAL OF MINUTES
Approval of minutes of a Regular Meeting of September 23, 1997, a Special Called
Meeting of October 7, 1997, and a Special Called Meeting of October 9, 1997.
Council Member Baker motioned to approve Consent Agenda Items 1 through 5 as
presented.
Council Member Walker seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
CITY COUNCIL OCTOBER 14, 1997 PAGE 3
�.. Nays: None
Mayor Pro Tern Miller declared the motion carried.
REGULAR AGENDA
ITEM NO. 6 AWARD OF BID NO. 97-37
Council Member Hogg motioned to approve awarding Bid No. 97-37 to Marathon
Contractors, Inc., 5701-A Midway Road, Fort Worth, Texas, 76117, in the amount of
$824,497 to serve as general contractor for the Fire Station 2 project.
Council Member Walker seconded the motion.
Ayes: Mayor Pro Tem Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tem Miller declared the motion carried.
ITEM NO. 7 APPROVAL OF TEMPORARY USE PERMIT FOR OUTDOOR SALES OF
'ter YARD ART AT WHITMORE & SONS LOCATED AT 1501 BACCARAC
COURT
Director of Planning & Development Bo Bass stated that the Development Review
Committee recommended the permit be denied this year due to problems last year with
traffic hazards on SH 10 and parking encroaching into the right-of-way.
Keith Whitmore, Whitmore & Sons, stated that he was unaware of this recommendation.
He noted that he has received a permit the last two years and was not aware of any
traffic or pedestrian problems. He mentioned he will not be selling Christmas trees this
year, only the yard art. In response to questions regarding parking, he stated that parking
in the past was either on Baccarac Court or in their parking lot, and that cones were
placed along SH 10 to prevent parking along that road. There were usually only one or
two customers at a time. The permit is being requested for October 14 through
December 24, 1997, with hours of operation being 8:00 a.m. to 6:00 p.m.
Council Member Edwards noted that when she was there last year, she parked on
Baccarac Court and did not notice any problems with parking when she drove by the lot.
Council Member Baker motioned to approve the Temporary Use Permit for outdoor sales
of yard art at Whitmore & Sons located at 1501 Baccarac Court from October 14 through
December 24, 1997, 8:00 a.m. to 6:00 p.m., with the requirement that cones be placed
on SH 10, and that the cones be taped off to prevent parking along SH 10.
CITY COUNCIL OCTOBER 14, 1997 PAGE 4
�.• Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tem Miller, Council Members, Tyson, Hogg, Baker, and Edwards
Nays: Council Member Walker
Mayor Pro Tem Miller declared the motion carried.
Council Member Edwards asked that the Council receive a report at the end of the year
from the Police and Fire Departments regarding any problems with this situation.
ITEM NO. 8 APPOINTMENTS OF BOARD & COMMISSION MEMBERS
Council Member Edwards motioned to approve the appointments made to the following
boards and commission. Appointments to the Civil Service Commission will be made at
the October 28, 1997, meeting.
Economic Development Advisory Board Gary Green, Chair Place 5
Lawrence Lubrano, Vice Chair Place 6
Geri Sorg Place 7
Darin Davis Place 8
Euless Development Corporation Sonja Adams Place 1
Glenn Porterfield Place 2
Letty Lynn Maloney Place 3
Library Board Betty Fuller Place 1
Kerry McGeath Place 1
Charles McGehee Place 3
Parks & Leisure Glendora Waldrup Place 2
Richard McNeese Place 3
Stacey Hollinger Place 6
Carl Miller Alt #1
Boyce Byers Alt #2
Planning & Zoning Commission Nancy Bright Place 1
Robert McMillon Place 2
Billy Owens Place 3
Street Naming Committee Ray Kester Place 2
Betty Watson Alt #1
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 5
Zoning Board of Adjustments Fred Bowen Place 1
Gene Sloan Place 2
Victor Blood Alt #1
Katherine Houk Alt #2
City Health Authority Robert Tafel, MD
Teen Court Advisory Board Mildred McGriff
Historical Preservation Committee Nell Hicks
Melissa Shane
Helen Lightbody
John Paschall
Don Tharp
Council Member Walker seconded the motion.
Ayes: Mayor Pro Tem Miller, Council Members, Tyson, Hogg, Baker, Walker and
'r•- Edwards
Nays: None
Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 9 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT FOR PARTICIPATION IN THE FORT WORTH
ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS
WASTE PROGRAM
Director of Administrative Services stated that the city will pay $75 per citizen that utilizes
the Fort Worth Environmental Collection Center to dump hazardous wastes; i.e.,
herbicides, pesticides, and large quantities of paint. He noted that $10,000 has been
allocated, but the City will only be charged for actual participants. A citizen will be
required to sign in and show identification. He stated that his office is getting two to three
calls a week from citizens asking where they can discard these items. He noted that
small amounts of paint can be disposed of through Laidlaw by putting cat litter in the can
for absorption.
Council Member Tyson stated that he felt$75 per person was exorbitant and that citizens
would not pay their own money to utilize such service.
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 6
Council Member Edwards motioned to authorize the City Manager to execute an interlocal
agreement for participation in Fort Worth's Environmental Collection Center Household
Hazardous Waste Program at a cost of $75 per citizen participant, with the total not to
exceed $10,000 per year.
Council Member Baker seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Hogg, Baker, Walker and Edwards
Nays: Council Member Tyson
Mayor Pro Tern Miller declared the motion carried.
Council Member Hogg requested that future calls be documented as to the number and
type of requests.
City Manager Tom Hart requested Tom Cox to provide sufficient public notification
regarding how citizens can dispose of small amounts of paint through Laidlaw and that
the City's publicity suggest that neighbors go together to dispose of these items at the
Fort Worth Environmental Collection Center.
`• ITEM NO. 10 PUBLIC HEARING ON UDC AMENDMENTS
Mayor Pro Tern Miller opened the public hearing at 7:35 p.m. to discuss amendments to
Chapter 84 "Unified Development Code" of the Code of Ordinances, as amended, by
amending Section 84-84, Table 4-A "Permitted Primary Uses".
Director of Planning & Development Bo Bass explained that certain uses (indoor kennels
and pounds, bulk fuel dealers, taxicab companies, bus service, rental and leasing of
miscellaneous equipment, commercial parking structures, top and interior repair, body
repair, tire retreading, tire repair, paint shops, general repair, car washes, electrical repair
shops, welding repair, armature rewinding shops and trucking services) were being
removed from the uses permitted by right within the TX-10 zoning district and were being
added as uses permitted in the TX-10 district with a Specific Use Permit.
There being no additional proponents or opponents, Mayor Pro Tern Miller closed the
public hearing at 7:37 p.m.
ITEM NO. 11 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1255
Council Member Walker motioned to approve the first and final reading of Ordinance No.
1255 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, as
`"' amended, by amending Section 84-84, Table 4-A "Permitted Primary Uses"
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 7
Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 12 PUBLIC HEARING FOR ZONING CASE NO. 97-31-ZC - TX-10
DISTRICT
Mayor Pro Tern Miller opened the public hearing at 7:38 p.m. regarding Zoning Case No.
97-31-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
Comprehensive Land Plan. He recommended that the property, mainly north along SH
10 from the east and west corners of Raider Drive east to the intersection of W. Pipeline
Road, be rezoned from the current zonings which are primarily C-2, some residential and
planned development to the TX-10 District.
Mayor Pro Tern Miller asked for any additional proponents or opponents.
Mr. Don Whigham, owner of property involved in this request, stated that he had been
told there would be no changes to the ordinances for existing C-2 zoning. He asked if
he sold his office building that is currently zoned C-2 and the new owner continues using
the building for offices, whether the new owner would have to meet any new city
ordinances.
Mr. Bass stated that the use would be a conforming use. Only if the use changed would
the owners have to meet the requirements of the TX-10 District.
There being no further discussion, Mayor Pro Tern Miller closed the public hearing at 7:40
p.m.
ITEM NO. 13 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1245
Council Member Baker motioned to approve the first and final reading of Ordinance No.
1245 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, by
amending the City of Euless Zoning District Map on Tracts 1, 1C2, and 1D, James
Matson Survey A-1080; Tracts 1A2, 1B3, 2E1, 2H, 2J1, 2D, 2A5, 2A, 2A4, 2J, 1B2, 2E,
2C, 2A3A, 2A3, 2F, 2A2B, 2G, and 2A2C, Kitty House Survey, A-678; Lots A and Al,
Kitty House Addition; and Lot 3, Block 2, Kitty House Addition; Tracts 1F3, 1F, 1 E1 A,
1D1, 1C2, 1B, 3F3, and 3F, John Groves Survey A-599; Lots 1 & 2, Block 2, John
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 8
Groves Addition; Lots A1(nept), Lot Al(nwpt), Al (sept), Al (swpt), Plaza Grande
Addition; Lots 1, 2, and A, Plaza Grande Addition; and Lot 1, Euless Square Addition to
TX-10 District from the current zoning classification to TX-10 (Texas Ten District).
Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 14 PUBLIC HEARING FOR ZONING CASE NO. 97-32-ZC - TX-10
DISTRICT
Mayor Pro Tern Miller opened the public hearing at 7:41 p.m. regarding Zoning Case No.
97-32-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
`ft. Comprehensive Land Plan. He recommended that the property, mainly south along SH
10 from the western city limits east to the east and west corners of Royal Parkway, be
rezoned from commercial and industrial to the TX-10 District. It is being recommended
that consideration of Lot A, Block A, International Regional Industrial Complex be tabled
at this time.
Mayor Pro Tem Miller asked for any additional proponents or opponents.
Mr. Bill Blackburn, attorney, 7001 Preston Road, Dallas, Texas, representing Weaver
Development stated that they are close to reaching an agreement for sale and are asking
that consideration of the property be tabled at this time.
There being no further discussion, Mayor Pro Tem Miller closed the public hearing at 7:47
p.m.
ITEM NO. 15 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1246
Council Member Baker motioned to approve the first and final reading of Ordinance No.
1246 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, by
amending the City of Euless Zoning District Map for Lot 1, Block 1, Anderton Addition;
Lots 1R, 2R, 3R, 4R, 5R, Block A, Baccarac Industrial Park; Lots 4RA, 4RB, 4RC, 4RD,
`"' Block A, Bell Industrial District; Lot 1, Block 1, Ferguson Addition; Lots A & B, John
Groves Addition; Tracts 3G, 3K, 1C1, 1D2, 3C1, 3L1, 1F1 A, 3C1A, John Groves Survey
A-599; Tracts 2B1 & 2A1A, Kitty House Survey A-678; Lot B, Block A, Lots 1A, 1B, 9 &
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 9
N..
10, and remaining part, Block C, and Lots A & D, Block E, International Regional
Industrial Complex; Lot 1, Block 1, J. W. Lewellyn Addition; Tract 1C, James Matson
Survey A-1080; Tracts 1D1, 1D2, 1D4A, 1D6, 1D1A, 1D2A, 1D5, 1 D1 B, H. McCoy Survey
A-1073; Lot 1 Park Center Addition; and Lot 1R, Block 1, Texas Continental Express, Inc.
Addition from the current zoning classifications to TX-10 District.
Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tern Miller declared the motion carried.
Council Member Baker motioned to table Lot A, Block A, International Regional Industrial
Complex for future consideration.
Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
No. Edwards
Nays: None
Mayor Pro Tem Miller declared the motion carried.
ITEM NO. 16 PUBLIC HEARING FOR ZONING CASE NO. 97-33-ZC - L-1
LIMITED INDUSTRIAL DISTRICT
Mayor Pro Tern Miller opened the public hearing at 7:50 p.m. regarding Zoning Case No.
97-33-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
Comprehensive Land Plan. He recommended that the property, Tracts 2B & 2A1, Kitty
House Survey A-678 and Tract 1F1A, John Groves Survey A-599, be rezoned from C-2
Community Business District to L-I Limited Industrial District.
There being no additional proponents or opponents, Mayor Pro Tern Miller closed the
public hearing at 7:52 p.m.
Nor.
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 10
ITEM NO. 17 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1247
Council Member Baker motioned to approve the first and final reading of Ordinance No.
1247 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, by
amending the City of Euless Zoning District Map for Tracts 2B & 2A1, Kitty House Survey
A-678 and Tract 1 F1 A, John Groves Survey A-599,from the current zoning classifications
to L-1 Limited Industrial District as presented..
Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 18 PUBLIC HEARING FOR ZONING CASE NO. 97-34-ZC - I-1 LIGHT
INDUSTRIAL DISTRICT
`on. Mayor Pro Tern Miller opened the public hearing at 7:53 p.m. regarding Zoning Case No.
97-34-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
Comprehensive Land Plan. He recommended that the property, Tracts 3G & 3K, John
Groves Survey A-599, be rezoned from C-2 Community Business District to I-1 Light
Industrial District.
There being no additional proponents or opponents, Mayor Pro Tern Miller closed the
public hearing at 7:54 p.m.
ITEM NO. 19 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1248
Council Member Walker motioned to approve the first and final reading of Ordinance No.
1248 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, by
amending the City of Euless Zoning District Map for Tracts 3G & 3K, John Groves Survey
A-599, from C-2 Community Business District to I-1 Light Industrial District as presented.
Council Member Baker seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 11
v..
Nays: None
Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 20 PUBLIC HEARING FOR ZONING CASE NO. 97-35-ZC - 1-1 LIGHT
INDUSTRIAL DISTRICT
Mayor Pro Tern Miller opened the public hearing at 7:54 p.m. regarding Zoning Case No.
97-35-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
Comprehensive Land Plan. He recommended that the property, Tract 1C1, John Groves
Survey A-599, be rezoned from C-2 Community Business District to I-1 Light Industrial
District.
There being no additional proponents or opponents, Mayor Pro Tern Miller closed the
public hearing at 7:55 p.m.
ITEM NO. 21 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1249
`..
Council Member Leon Hogg motioned to approve the first and final reading of Ordinance
No. 1249 amending Chapter 84 "Unified Development Code" of the Code of Ordinances,
by amending the City of Euless Zoning District Map for Tract 1C1, John Groves Survey
A-599, from C-2 Community Business District to I-1 Light Industrial District as presented.
Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 22 PUBLIC HEARING FOR ZONING CASE NO. 97-36-ZC - L-1
LIMITED INDUSTRIAL DISTRICT
Mayor Pro Tern Miller opened the public hearing at 7:56 p.m. regarding Zoning Case No.
97-36-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
Now accordance with the Planning & Zoning Commission recommendation and the
Comprehensive Land Plan. He recommended that the property, Lot C, Plaza Grande
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 12
Addition, be rezoned from C-2 Community Business District to TX-10 District instead of
the initially proposed L-1 Limited Industrial District.
There being no additional proponents or opponents, Mayor Pro Tem Miller closed the
public hearing at 7:57 p.m.
ITEM NO. 23 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1250
Council Member Hogg motioned to approve the first and final reading of Ordinance No.
1250 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, by
amending the City of Euless Zoning District Map for Lot C, Plaza Grande Addition, from
C-2 Community Business District to TX 10 District.
Council Member Baker seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
`t•► Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 24 PUBLIC HEARING FOR ZONING CASE NO.97-37-ZC -R-5 MULTI-
FAMILY RESIDENTIAL
Mayor Pro Tern Miller opened the public hearing at 7:58 p.m. regarding Zoning Case No.
97-37-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
Comprehensive Land Plan. He recommended that the property, Lot 3, Euless Square
Addition, be rezoned from C-2 Community Business District to R-5 Multi-Family
Residential. He noted that there is an existing multi-family use on the property which is
a non-conforming use. It is recommended that the property be rezoned to make it a
conforming use.
Council Member Tyson asked what advantage there was in making the property a
conforming use.
Mr. Bass stated that the proposed rezoning would bring the property into compliance with
the Comprehensive Land Plan and that multi-family projects are now having problems in
securing loans when the property is non-conforming. This in turn causes deterioration
'"�' of the property.
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 13
Nifty
Council Member Tyson stated he believed that staying a non-conforming use allows
future councils the ability to get rid of the apartments if they become deteriorated and
allow the property to be used for a commercial use. That ability is lost if it becomes a
conforming use.
City Attorney Bob McFarland noted that if the property was rezoned to multi-family that
the property could only be used for that purpose in the future.
Mr. Bass further noted that if the property was rezoned and the apartments were ever
reconstructed, they would be developed at the new standards.
There being no additional proponents or opponents, Mayor Pro Tern Miller closed the
public hearing at 8:06 p.m.
ITEM NO. 25 APPROVAL OF FIRST READING OF ORDINANCE NO. 1251
Council Member Walker motioned to approve First and Final Reading of Ordinance No.
1251 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, by
amending the City of Euless Zoning District Map for Lot 3, Euless Square Addition, from
C-2 Community Business District to R-5 Multi-Family Residential as presented.
`ay There was considerable discussion among council members as to the pros and cons of
the property being made a conforming or non-conforming use.
Council Member Edwards seconded the motion.
Ayes: Council Members Hogg, Baker, Walker and Edwards
Nays: Mayor Pro Tern Miller and Council Member Tyson
Mayor Pro Tern Miller declared the motion carried.
It was noted that this ordinance will require a second reading as it did not receive five
affirmative votes.
ITEM NO. 26 PUBLIC HEARING FOR ZONING CASE NO. 97-38-ZC - R-2
SINGLE FAMILY DUPLEX DISTRICT
Mayor Pro Tem Miller opened the public hearing at 8:20 p.m. regarding Zoning Case No.
97-38-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
'`' Comprehensive Land Plan. He noted that the zoning was being modified from the
original recommendation that Lot 2, Fairmont Addition; Tracts 1A2B & 1A3, John Groves
Survey A-599; Lots Al & A2, Day Care Center Addition; Lots 6 - 14, Block 5, and Lots
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 14
10, 11 & 12, Block 3, Bell-Hi Addition; and Lots 7 - 17, Block 1, Sycamore Square
Addition, be rezoned from C-2, R-4 and Planned Development to R-2 Single Family
Duplex.
He stated that it was now being recommended that Lot 2, Fairmont Addition remain C-2,
that Tracts 1A2B and 1A3, John Groves Survey, A-599, remain PD and Lots 7 - 17, Block
1, Sycamore Square Addition remain R-4. It was further recommended that Lot A-1, Day
Care Center Addition, owned by Jim Packer, be removed from the request. The
recommendation would then be to rezone Lot A2, Day Care Center Addition; Lots 6 - 14,
Block 5, and Lots 10, 11 & 12, Block 3, Bell-Hi Addition from C-2 Community Business
District to R-2 Single Family Duplex.
Mayor Pro Tem Miller asked if there were any additional proponents or opponents.
Mr. Jim Packer, 3405 San Bar Lane, Colleyville, stated that he was initially against the
request, however having heard the current proposal he was more encouraged. He and
George Midgley own Lots 1A2B and 1A3, zoned PD. His initial concern was for the
fourplexes zoned R-4, which he developed, although he does not currently own them.
He noted that the fourplexes are on 17 separate lots with different owners and that If the
property was rezoned to R-2, a non-conforming use, and a building burned over 51%, that
structure could not be rebuilt. He stated that he was in favor of the amended
recommendation.
Council Member Baker asked what Mr. Packer envisioned happening to his property.
Mr. Packer stated that he has a prospect at this time to build on the property as it was
platted and zoned. Director of Development Bo Bass pointed out to Mr. Packer that there
have been substantial changes in the multi-family code relative to parking, setbacks,
landscaping, garages, etc. Mr. Bass added that although the Planned Development
zoning will remain in place, the 12 year old site plan has expired and a new one will have
to be submitted based on the new codes.
Mr. Jeff Byerly, 901 Forest Glen Drive, Bedford, Texas, owner of Sycamore Square,
stated his support of the revised proposal.
Mr. Rudy Dixon, 1205 David Drive, Euless, Texas, stated he wanted the property zoned
PD and the apartments at the corner of Raider and W. Pipeline, zoned C-2 to be changed
to R-2.
Mr. Jim Sinclair, 1203 Raider Drive, stated that he owns Lot Al, Day Care Center and
has a contract on the property which is currently used as an office. If this property were
to be rezoned, it would impair his ability to market the property for sale.
`"" Council Member Tyson explained that staff was recommending that this lot remain as it
is currently zoned.
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 15
Mr. Mickey Pierce, 1204 David Drive, Euless, Texas, stated his concern about the
apartments currently zoned C-2 that are run down. He also stated his concern about the
property zoned PD, noting that he preferred the R-2 zoning.
Mr. John Butler, 1208 David Drive and Mr. James Little, 1210 David Drive, submitted
opinion forms that they were opposed to the original request, but did not speak.
Council Member Baker asked Mr. Packer if he preferred that his property be rezoned R-2
instead of remaining zoned PD, since his original site plan for multi-family would be
difficult to develop.
Mr. Packer stated his concern at being told that he may have difficulty in developing the
property. He noted that the PD zoning is for a maximum of 16 units per acre and he
could always develop a lesser number; however, if he had the property rezoned to R-2,
he would be stuck with the limits of the R-2 zoning. He chose for the property to remain
PD.
There being no additional proponents or opponents, Mayor Pro Tern Miller closed the
public hearing at 9:00 p.m.
v.► ITEM NO. 27 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1252
Council Member Baker motioned to approve the first and final reading of Ordinance No.
1252 amending Chapter 84 "Unified Development Code" of the Code of Ordinances, by
amending the City of Euless Zoning District Map for Lot A2, Day Care Center Addition;
Lots 6 - 14, Block 5, and Lots 10, 11 & 12, Block 3, Bell-Hi Addition, to R-2 Single
Family Duplex District.
Council Member Walker seconded the motion.
Ayes: Mayor Pro Tem Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tern Miller declared the motion carried.
Council Member Hogg motioned to table Lot Al, Day Care Center for future
consideration.
Council Member Edwards seconded the motion.
Ayes: Mayor Pro Tern Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 16
Nays: None
Mayor Pro Tern Miller declared the motion carried.
ITEM NO. 28 PUBLIC HEARING FOR ZONING CASE NO. 97-39-ZC - TH
SINGLE FAMILY TOWNHOUSE DISTRICT
Mayor Pro Tern Miller opened the public hearing at 9:16 p.m. regarding Zoning Case No.
97-39-ZC.
Director of Planning & Development Bo Bass explained that this is a request by staff in
accordance with the Planning & Zoning Commission recommendation and the
Comprehensive Land Plan. He recommended that Lots A, B, & C, Block 1, Lots A & B,
Block 1A, and Lots A, B, C, D, & E, Block 2, Avante Townhomes, be rezoned from R-5
Multi-Family Residential District to TH Single Family Townhouse District.
There being no additional proponents or opponents, Mayor Pro Tern Miller closed the
public hearing at 9:17 p.m.
ITEM NO. 29 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO.
1253
Now
Council Member Edwards motioned to approve the first and final reading of Ordinance
No. 1253 amending Chapter 84 "Unified Development Code" of the Code of Ordinances,
by amending the City of Euless Zoning District Map for Lots A, B, & C, Block 1, Lots A
& B, Block 1A, and Lots A, B, C, D, & E, Block 2, Avante Townhomes, from R-5 Multi-
Family Residential District to TH Single Family Townhouse District as presented.
Council Member Walker seconded the motion.
Ayes: Mayor Pro Tem Miller, Council Members, Tyson, Hogg, Baker, Walker and
Edwards
Nays: None
Mayor Pro Tem Miller declared the motion carried.
ITEM NO. 30 REPORTS
City Manager
City Manager Tom Hart stated that the staff would be at a staff retreat Wednesday and
Thursday, and that Police Captain Joey Ziemian would be in charge while he was out of
`'� the office.
CITY COUNCIL MINUTES OCTOBER 14, 1997 PAGE 17
He also mentioned that the city had three proposals on Western Hills Inn. He believed
one was viable and hoped to have a contract in two weeks.
City Attorney
City Attorney Bob McFarland had no report.
Staff
There were no staff reports.
City Council
Council Member Tyson congratulated Fire Chief Lee Koontz on the fire rating the city
received.
Council Member Edwards congratulated Police Sgt. Michael Brown on being named a top
10 finalist in the Shared Vision Awards, sponsored by ITT Industries.
Mayor Pro Tem Miller stated that Bo Bass did a good job on the zoning presentations.
r.► ITEM NO. 31: ADJOURN
The meeting was adjourned at 9:20 p.m.
APPROVED:
(14t)t.toeJ_OAJ
Mary Lib Saleh
Mayor
ATTEST:
usan Crim, C C/AAE
City Secretary