Loading...
HomeMy WebLinkAbout1997-11-11 r.■ MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL NOVEMBER 11, 1997 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:10 p.m. on Tuesday, November 11, 1997, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Charlie Miller and Council Members Bobby Baker, Carl Tyson, Katie Edwards, Leon Hogg, and Glenn Walker. Precouncil discussion was held on agenda items and other scheduled items. 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 Grim; Director of Planning & Development Bo Bass; Director of Economic Development and Marketing Dave Witcher; Director of Administrative Services Tom Cox; Senior Administrative Assistant Scott Campbell; Assistant City Engineer Andrea Baxter; Director of Public Works Randy Byers; Director of Finance Loretta Getchell; Fire Chief Lee Koontz; Police Chief Gary McKamie; Reserve Police Officer Clyde Cullum; Administrative Assistant Cathy DiMaggio; Administrative Secretary Linda Lux; Accounts Payable Clerk Jan Turner; Accountant Janina Jewell; Water Utilities Superintendent Paul Wrzesinski; Wastewater Foreman Terry McGahey; Field Tech Herbie Joseph; Field Tech Kenny Spargur; and Assistant to the City Secretary Becky Null. Visitors Ray Saleh, Randy Grosenbach, Helen Lightbody, Andy Chesney, Diana Smith, Barbara Polk, Planning & Zoning Commissioner Billy Owens, and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE ,� Cub Scout Den 4 of Pack 371, led the Pledge of Allegiance. CITY COUNCIL NOVEMBER 11, 1997 PAGE 2 `.. INVOCATION Pastor Randy Grosenbach, United Memorial Christian Church, gave the invocation. SPECIAL PRESENTATION Ray Saleh spoke on the personal meaning of Veteran's Day. ITEM NO. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR NOVEMBER Finance Director Loretta Getchell introduced Jan Turner, Accounts Payable Clerk in Finance, and her husband Mike Turner, and Mayor Saleh presented Jan a plaque as Employee of the Month for November. ITEM NO. 2 PRESENTATION OF SERVICE PINS Director of Public Works Randy Byers introduced Wastewater Foreman Terry McGahey and his wife and children, Water Utilities Superintendent Paul Wrzesinski, Field Tech Herbie Joseph and Field Tech Kenny Spargur and his wife Kelly. Mayor Saleh then presented a 15-year service pin to Terry McGahey, a 10-year service pin to Paul Wrzesinski and 5-year service pins to Herbie Joseph and Kenny Spargur. New ITEM NO. 3 PRESENTATION OF A PROCLAMATION FOR TEXAS RECYCLES DAY Administrative Assistant Cathy DiMaggio introduced Mike Berry, Home Depot, and noted that the city and Home Depot were joining efforts to promote recycling in Texas and that there would be composting demonstrations and children's activities on Saturday at Home Depot. Mayor Saleh presented a proclamation designating November 15th as Texas Recycles Day. CONSENT AGENDA Items 6 and 7 were removed for discussion and Items 4, 5, 8 and 9 were approved as follows: ITEM NO. 4 APPROVAL OF RENEWAL OF CONCRETE REPAIR CONTRACT Approval to renew concrete repair contract for one year with Davila Construction, 3325 Panola Avenue, Fort Worth, Texas, 76103, at a cost of $3.75/sq. ft. for flatwork and $14.90 a linear foot for curb and gutter. ITEM NO. 5 APPROVAL OF RESOLUTION NO. 97-983 Approval of Resolution No. 97-983 casting the city's 28 votes for Melvin Shuler, Jr., to be '�► Director of the Tarrant County Appraisal District Board for a two-year period beginning January 1, 1998. CITY COUNCIL NOVEMBER 11, 1997 PAGE 3 r., ITEM NO. 8 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1290 Approval of first and final reading of Ordinance No. 1290 amending the recyclable materials collection rates. ITEM NO. 9 APPROVAL OF MINUTES Approval of the minutes of the Regular Meeting of October 28, 1997. Council Member Edwards motioned to approve Items 4, 5, 8, and 9 on the Consent Agenda. Council Member Baker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 6 AWARD OF BID NO. 97-54 Council Member Walker motioned to approve the award of Bid No. 97-54 to Dowager Construction, Inc., 6418 La Manga Drive, Dallas, Texas, 75248, in the amount of $147,606 for the construction of Wilshire Village Storm Drainage Improvements, Phase I, Westcliff Drive at Windlea Drive. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Abstentions: Mayor Pro Tem Miller abstained due to conflict of interest Mayor Saleh declared the motion carried. ITEM NO. 7 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1289 Council Member Walker motioned to approve the first and final reading of Ordinance No. 1289 amending the solid waste collection rates based on a 7 1/2% franchise/billing fee. Mayor Pro Tem Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 4 r.. Nays: None Mayor Saleh declared the motion carried. REGULAR AGENDA ITEM NO. 10 PUBLIC HEARING OF SPECIFIC USE PERMIT NO. 97-29-SUP - 1350 W. EULESS BLVD., SUITE #11 Mayor Saleh opened the public hearing at 7:33 p.m. to discuss Specific Use Permit No. 97-29-SUP to allow a church at 1350 W. Euless Blvd., Suite #11. Director of Development & Planning Bo Bass noted that the request is for property previously occupied by the Bonanza Restaurant at Wilshire Village Shopping Center. He stated that staff recommended approval of the request and that the Planning & Zoning Commission recommended approval with the stipulations that the permit be limited to two years and the church would not oppose any alcoholic permits issued within 300 feet. Mr. Ned Burleson, 1914 Windlea, President of Wilshire Neighborhood Association, stated that he had no objections to the request, but would like some arrangement with the city to be kept better informed of actions taken by the city. Mr. Jonathon Russell, 713 La Sonbra, Grand Prairie, Texas, stated he was the applicant for the request and that the building would be used as a Baptist Church for the Hispanic community. He noted that they have a three year lease with the shopping center and requested that the specific use permit be extended to April, 2000 to coincide with the date their lease expires.. Ms. Donna Hooker, 405 Wilshire, was concerned that there might be traffic problems in that area. There being no other proponents or opponents, Mayor Saleh closed the public hearing at 7:39 p.m. Council Member Baker asked Mr. Bass if there would be extensive remodelling done and what would be required regarding the parking lot and landscaping. Mr. Bass stated that landscaping, etc. that was on the original site plan for the Bonanza Restaurant would have to be replaced prior to the issuance of the Certificate of Occupancy. He stated that nothing is required for the parking lot. Mr. Russell stated that there are currently about 30 people in the congregation and that there are 23 spaces reserved around his building for parking. In response to a question about growth, he stated that when growth occurs, they will be looking at moving the •• church. In response to questions about renovation of the building, he stated that they will be repainting the inside and outside, repairing the roof, trimming the trees and adding flowers. They will restripe the parking spaces around the building. They will have a CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 5 �.. refrigerator and microwave in the kitchen, but do not plan to cook. He stated that the oven and grill have been taken out. ITEM NO. 11 CONSIDER APPROVAL OF SPECIFIC USE PERMIT NO. 97-29- SUP - 1350 W. EULESS BLVD., SUITE #11 Council Member Baker motioned to approve Specific Use Permit No. 97-29-SUP to allow a church located at 1350 W. Euless Blvd., Suite #11, described as Tract A, Wilshire Village Shopping Center Addition, with the following conditions: (1) the specific use permit will expire in April, 2000; (2) no opposition to alcoholic sales within the 300 foot perimeter of the church; (3) the outside of the building be painted; and (4) the roof be repaired Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Mayor Saleh declared the motion carried. `40, ITEM NO. 12 PUBLIC HEARING FOR ZONING CASE NO. 97-41-ZC - R-1 (SINGLE FAMILY DETACHED DWELLING DISTRICT) Mayor Saleh opened the public hearing at 7:50 p.m. to discuss the rezoning of Lot 1, Block A, Westpark Way Nursing Center and Tracts 3D, and 3D1, James M. Matson Survey, A-1080, from R-4 (Multi-Family Dwelling District, 16 u/a, R-5 (Multi-Family Dwelling District, 24 u/a and C-1 (Neighborhood Business District) to R-1 (Single Family Detached Dwelling District). Director of Development & Planning Bo Bass stated that the property is located on the west side of Westpark Way from Westpark Estates south to W. Pipeline Road, excluding the tract directly on the northwest corner of Westpark Way and S. Pipeline Road. He stated that staff and the Planning & Zoning Commission recommend R-1 zoning. He noted that a letter of protest had been received from Michael Allen, Univest Corporation. City Attorney Bob McFarland stated that the owner of Tract 3D1, Univest Corporation, is protesting approval of that tract. He noted that in order for that tract to be rezoned, it would require a 3/4 vote of the City Council for approval. Mr. Barry Knight, 5400 Renaissance Tower, representing Univest Corporation, the owner of Tract 3D1, stated that the tract is zoned C-1 with approximately 350 feet of frontage on Pipeline Road. He noted that there is commercial and industrial zoning around this tract. He explained that the tract is part of a profit sharing fund and the proposed rezoning would affect the fund. He requested that the property remain C-1 and noted that it would be difficult to develop single family on the tract. CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 6 r.. There being no other proponents or opponents, Mayor Saleh closed the public hearing at 7:56 p.m. In response to a question, Mr. Bass stated that the property directly on the corner is zoned C-2 and to the south is TX-10 zoning. Council Member Baker asked about the significant drainage problems on these tracts and noted that it would be difficult to develop residential with the drainage problems. Assistant City Engineer Andrea Baxter stated that there is drainage coming from the northwest and southwest, converging into Hurricane Creek. Mr. Bass stated that R-1 was proposed because a lot of things could go in C-2 zoning and R-1 would just be a holding zone. In response to a question, he noted that the fire station and cottage homes were on the south side of Pipeline Road. ITEM NO. 13 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1257 Council Member Baker motioned to approve first and final reading of Ordinance No. 1257 for Zoning Case No. 97-41-ZC to R-1 (Single Family Detached Dwelling District) with the exception of Tract 3D1, James M. Matson Survey, A-1080, which is to remain C-1 New (Neighborhood Business District). Council Member Edwards seconded the motion. Ayes: Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: Mayor Saleh Mayor Saleh declared the motion carried. ITEM NO. 14 PUBLIC HEARING FOR ZONING CASE NO. 97-42-ZC - R-1 (SINGLE FAMILY DETACHED DWELLING DISTRICT) Mayor Saleh opened the public hearing at 8:11 p.m. to discuss the rezoning of Tracts 2A, and 2A3, James M. Matson Survey, A-1080, from R-2 (Two Family Attached Dwelling District) and R-5 (Multi-Family Dwelling District, 24 u/a) to R-1(Single Family Detached Dwelling District). Director of Development& Planning Bo Bass stated that Tract 2A3 is being removed from the request because it is already zoned R-1. He noted that staff and the Planning & Zoning Commission recommend rezoning Tract 2A to R-1. The property is located east and adjacent to Westpark Way and north and adjacent to Marlene Drive. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:12 p.m. CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 7 `r.. ITEM NO. 15 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1258 Council Member Walker motioned to approve the first and final reading of Ordinance No. 1258 for Zoning Case #97-42-ZC to R-1 (Single Family Detached Dwelling District) with the removal of Tract 2A3, James M. Matson Survey, A-1080, which is already zoned R-1. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 16 PUBLIC HEARING FOR ZONING CASE #97-43-ZC - C-2 (COMMUNITY BUSINESS DISTRICT) Mayor Saleh opened the public hearing at 8:15 p.m. to discuss the rezoning of Lots 2 & 3, Block 3, Westpark Professional Centre, from R-3 (Multi-Family Dwelling District, 12 u/a) to C-2 (Community Business District). Director of Development & Planning Bo Bass noted that the property is located south and adjacent to Westpark Court and stated that staff and the Planning & Zoning Commission recommend the property be rezoned to C-2. Mr. Larry Lucas, 305 Evans Drive, stated his property backed up to the subject property and questioned how tall the buildings would be allowed. Mr. Bass replied that the developer could not build more than a one-story within 100 feet of the property line. There being no other proponents or opponents, Mayor Saleh closed the public hearing at 8:20 p.m. ITEM NO. 17 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1259 Mayor Pro Tern Miller motioned to approve the first and final reading of Ordinance No. 1259 for Zoning Case #97-43-ZC to C-2 (Community Business District) as presented. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 8 New Nays: None Mayor Saleh declared the motion carried. ITEM NO. 18 PUBLIC HEARING FOR ZONING CASE #97-44—ZC — C-2 (COMMUNITY BUSINESS DISTRICT) Mayor Saleh opened the public hearing at 8:21 p.m. to discuss the rezoning of Lot 1, Block 1, J.I. Case Addition, from PD (Planned Development) to C-2 (Community Business District). Director of Development& Planning Bo Bass noted that the property is located south and adjacent to Airport Freeway service road and west and adjacent to Dana Kay Drive. He stated that the recommended C-2 zoning would make Case Equipment a non-conforming use. There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:24 p.m. ITEM NO. 19 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1260 Council Member Glenn Walker motioned to approve the first and final reading of Ordinance No. 1260 for Zoning Case #97-44-ZC to C-2 (Community Business District). Mayor Pro Tern Miller seconded the motion. Council Member Baker asked about the surrounding zoning and whether there had been any contact with the owners of Case Equipment. He stated he wanted to make sure they were not impacting someone with these changes. Mr. Bass stated that the surrounding property was C-2 with the exception of a Planned Development for commercial uses to the east. He stated that there had not been any contact from the owners of Case Equipment. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 20 PUBLIC HEARING FOR ZONING CASE #97-45—ZC — C-2 (COMMUNITY BUSINESS DISTRICT) Mayor Saleh opened the public hearing at 8:27 p.m. to discuss the rezoning of Lots 4AR, 5A, 6A, 7A, 8A, 9A, Block 3, Wilshire Village Addition, from R-4 (Multi-Family Dwelling CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 9 r... District 16 u/a) to C-2 (Community Business District). Director of Development & Planning Bo Bass noted that the property consists of six lots along Wilshire Drive, south of Airport Freeway. He stated there are currently fourplexes on the property. He stated that property owners spoke at the Planning & Zoning Commission meeting. An agreement was reached and the Planning & Zoning Commission recommends that Lots 7A, 8A, and 9A, be rezoned to C-2 and that Lots 4AR, 5A and 6A, be rezoned to R-2. Ms. Julia Cook, owner of two fourplexes on lots adjacent and south of the subject property, stated she appreciated the compromise reached at the Planning & Zoning Commission Meeting. Mr. Ned Burleson, 1914 Windlea Drive, stated that adding more commercial zoning would cause Wilshire to become a thoroughfare instead of a community street. Because of the school, it would be better to have the commercial along the service road instead. Mr. David Cook, 212 Wilshire Drive, pointed out that south of the Plant Shed is all duplexes and questioned having commercial zoning across from the duplexes. Ms. Donna Hooker, 405 Wilshire Drive, stated she was opposed to having commercial zoning further south than Lot 7A. Ms. Lou Ann Page, 1706 Toplea, stated her appreciation for the Planning & Zoning Commission members listening to the citizens. Ms. Barbara Polk, 716 Koen Lane, stated that the property should remain its current zoning. There being no other proponents or opponents, Mayor Saleh closed the public hearing at 8:43 p.m. ITEM NO. 21 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1261 Council Member Baker asked Mr. Bass what the current zoning was and the rationale behind the commercial zoning. Mr. Bass stated that the property was currently zoned R-4 and the rationale was to square off the property across from the Plant Shed with commercial zoning. After additional discussion, Council Member Tyson motioned to approve the first and final reading of Ordinance No. 1261 for Zoning Case#97-45-ZC for C-2 (Community Business District) on Lots 7A, 8A, and 9A, and R-2 (Two Family Attached Dwelling District) on Lots 4AR, 5A, and 6A, Block 3, Wilshire Village Addition. Council Member Hogg seconded the motion. CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 10 r.• Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Walker Nays: Council Members Baker and Edwards Mayor Saleh declared the motion carried. ITEM NO. 22 PUBLIC HEARING OF ZONING CASE #97-46-ZC - R-3 (MULTI- FAMILY DWELLING DISTRICT, 12 UNITS/ACRE) Mayor Saleh opened the public hearing at 8:53 p.m. to discuss the rezoning of Lots 1A, 2A, 3A, Block 3, Wilshire Village Addition, from R-5 (Multi-Family Dwelling District, 24 u/a) to R-3 (Multi-Family Dwelling District, 12 u/a) . Director of Development& Planning Bo Bass noted that the property consists of three lots just south and adjacent to the property discussed in the previous zoning request. He stated that the Planning & Zoning Commission recommended R-2 on these lots also instead of the proposed R-3. Ms. Julia Cook, 212 Wilshire Drive, reiterated that the Planning & Zoning Commission reached a compromise on these lots as well. There being no other proponents or opponents, Mayor Saleh closed the public hearing slow at 8:56 p.m. ITEM NO. 23 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1262 Council Member Tyson motioned to approve the first and final reading of Ordinance No. 1262 for Zoning Case #97-46-ZC to R-2 (Two Family Attached Dwelling District) instead of R-3 (Multi-Family Dwelling District, 12 u/a). Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 24 PUBLIC HEARING OF ZONING CASE #97-47-ZC - R-1 (SINGLE FAMILY DETACHED DWELLING DISTRICT) Mayor Saleh opened the public hearing at 8:57 p.m. to discuss the rezoning of Block 3, 'taw Lots 1-8, 9R; Block 4, Lots 1R1, 5-13; Block 5, Lots 1-26; Block 6, Lots 1-26; Block 7, Lots 6, 7, 12, 13, 18-24; Block 12, Lots 1, 8-10; Block 13, Lots 1-18; Block 14, Lots 1-15; Block 15, Lots 8, 9, Bell Ranch Terrace Addition; Block 13, Lots 24R1, 24R2, CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 11 24R3, 24R4, 24R5, J.S. Anderson Subdivision, from CUD (Community Unit Development), C-2 (Community Business District), PD (Planned Development) to R-1 (Single Family Detached Dwelling District). Director of Development & Planning Bo Bass stated that Mr. Wayne Brewer had filed a written letter of protest for Lot 12, Block 4, Bell Ranch Terrace Addition. He pointed out that approval would require a 3/4 vote. City Attorney Bob McFarland stated that Council Member Baker was stepping down due to financial interest in property involved in this request. Mr. Bobby Baker, 405 Cullum, stated that he has owned Lot 24R4, Block 13, Bell Ranch Terrace, since 1973 and it has been zoned C-2 since the early 1980s. He stated that when it was zoned C-2, his property taxes increased approximately 10 times the previous amount. He further stated he did not believe changing the zoning on his and surrounding properties to R1 was the appropriate action. He said some of the property under consideration might be better zoned R-1, but there needed to be some transition from the commercial to the residential. There being no other proponents or opponents, Mayor Saleh closed the public hearing at 9:04 p.m. `um- ITEM NO. 25 CONSIDER APPROVAL OF FIRST READING OF ORDINANCE NO. 1263 Mayor Pro Tem Miller motioned to approve the first reading of Ordinance No. 1263 for Zoning Case #97-47-ZC to R-1 (Single Family Detached Dwelling District). Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, and Edwards Nays: Council Members Hogg and Walker Mayor Saleh declared the motion failed because the written protest requires six affirmative vote to approve. Council Member Tyson motioned to approve the first reading of Ordinance No. 1263 for Zoning Case #97-47-ZC to R-1 (Single Family Detached Dwelling District) with the exception of Lot 12, Block 4, Bell Ranch Terrace Addition, which is to remain C-2. Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, and Edwards Nays: Council Members Hogg and Walker CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 12 ... Mayor Saleh declared the motion carried. It was noted that a second reading is required as the ordinance did not receive five affirmative votes. ITEM NO. 26 PUBLIC HEARING OF ZONING CASE #97-48-ZC - TX-10 DISTRICT Mayor Saleh opened the public hearing at 9:11 p.m. to discuss the rezoning of Lot 1, Fountain Center; Tracts 4A, 4A2, 4A1, 3S, 3E1, 3F, 3G, 1A, 1A1, 2F, 2F1, 2C Allen M. Downen Survey, Abstract 415; Block 1, Lots 1, 1A, Pilgram Park; Lots A, B, C, Wilshire Village Shopping Center; Lot 1, Allen M. Downen Addition; Block 21, Lots B1, B2, B3, and Block 16, Lots Al, Al A, Al A1, Al B, Oakwood Terrace North; Lot 2, Bauer Addition; Lots 2A, 2B, 3, T. Davis Subdivision; Tract 1 C2, James M. Matson Survey, Abstract 1080, from C-1 (Neighborhood Business District), C-2 (Community Business District), PD (Planned Development), R-4 (Multi-Family Dwelling District, 16 u/a) to TX-10 (Texas Ten District). Director of Development& Planning Bo Bass stated that the subject property is along the north side of SH 10 across from Texas Star Parkway east to FM 157 and is proposed to be rezoned to TX-10 zoning. '�- There being no proponents or opponents, Mayor Saleh closed the public hearing at 9:13 p.m. ITEM NO. 27 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1264 Mayor Pro Tern Charlie Miller approved the first and final reading of Ordinance No. 1264 for Zoning Case #97-48-ZC to TX-10 (Texas Ten District) as presented. Council Member Walker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Baker, Walker and Edwards Nays: None (NOTE: Council Member Hogg was out of the Council Chambers) Mayor Saleh declared the motion carried. ITEM NO. 28 PUBLIC HEARING OF ZONING CASE #97-49-ZC - R-3 (MULTI- FAMILY DWELLING DISTRICT, 12 UNITS/ACRE) Mayor Saleh opened the public hearing at 9:14 p.m. to discuss the rezoning of Tracts 3Q, 3K, 3J, 3H1, 3H, Allen M. Downen Survey, Abstract 415, from R-5 (Multi-Family Dwelling CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 13 r.. District, 24 u/a) to R-3 (Multi-Family Dwelling District, 12 u/a). Director of Development & Planning Bo Bass stated that the subject property is located along Sagebrush Trail, just north of Wilshire Village Shopping Center and that there are currently apartments on the property. There being no proponents or opponents, Mayor Saleh closed the public hearing at 9:16 p.m. ITEM NO. 29 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1265 Council Member Walker motioned to approve the first and final reading of Ordinance No. 1265 for Zoning Case #97-49-ZC to R-3 (Multi-Family Dwelling District, 12 u/a). Council Member Edwards seconded the motion. In response to a question, Mr. Bass stated that the density of the apartments is between 15 and 18 units/acre. Council Member Baker commented that the other end of Wilshire was rezoned to R-2 and he thought the subject property should be zoned with lower density. v. Mayor Pro Tern Miller agreed that the property should be zoned with as low density as possible. Mr. Bass stated that the Council also had the option to rezone to TH (Townhome Dwelling District), which is usually owner occupied, with four units per building with 40 foot setbacks and additional setbacks relative to existing single family homes. There are no density standards. It would be approximately 8 to 10 units/acre. Council Member Walker amended his motion to approve the first and final reading of Ordinance No. 1265 for Zoning Case #97-49-ZC to TH (Townhome Dwelling District). Council Member Edwards agreed to the amendment to the motion. After discussion as to the legality of amending the request, the vote was as follows: Ayes: Mayor Saleh, Council Members Hogg, Baker, Walker and Edwards Nays: Mayor Pro Tern Miller and Council Member Tyson Mayor Saleh declared the motion carried. '�- NOTE: MAYOR SALEH CALLED FOR A RECESS AT 9:29 P.M. AND THE MEETING RECONVENED AT 9:35 P.M. CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 14 �.. NOTE: COUNCIL MEMBER WALKER LEFT THE MEETING. ITEM NO. 30 PUBLIC HEARING OF ZONING CASE #97-50-ZC - R-1 (SINGLE- FAMILY DETACHED DWELLING DISTRICT) Mayor Saleh opened the public hearing at 9:35 p.m. to discuss the rezoning of Tract 2C, Allen M. Downen Survey, Abstract 415, from R-4 (Multi-Family Dwelling District, 16 u/a) to R-1 (Single Family Detached Dwelling District). Director of Development & Planning Bo Bass stated that the subject property is vacant land located approximately 300 feet north of SH 10 across from Texas Star Parkway. There being no proponents or opponents, Mayor Saleh closed the public hearing at 9:37 p.m. ITEM NO. 31 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1266 Council Member Edwards motion to approve the first and final reading of Ordinance No. 1266 for Zoning Case #97-50-ZC to R-1 (Single Family Detached Dwelling District). Council Member Tyson seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 32 PUBLIC HEARING OF ZONING CASE #97-51-ZC - TX-10 DISTRICT (Note: Council Member Baker stepped down due to conflict of interest in this case.) Mayor Saleh opened the public hearing at 9:40 p.m. to discuss the rezoning of Block 2, Lots 16R1, 16R2, Airport Business Park; Tract 1D, Jeremiah V. Brooks Survey, Abstract 95; Block 1, Lots 1, 2, 3, Clark McKelvey Addition; Block 1, Lots A, Al, A2, Block 2, Lot A, and Block 3, Lot A, Cresthaven Addition; Tracts 3A, 3A1, 3A3, 3A4, 3A7, 4B2, 4B1 B1, 4B2A, Tract 2, Allen M. Downen Survey, Abstract 415; Block 1, Lots 1 and Al, Block 2, Lots A4, C, Block 3, Lot 1, Euless Industrial Park; Block 1, Lot 1, Kwik Change Addition; Tract 1C, James M. Matson Survey, Abstract 1080; Block A, Lots 1, 2, SH 10 Business Center; Block A, Lot 1 Softball World, from C-2 (Community Business District), PD (Planned Development), I-1(Light Industrial District), and 1-2 (Heavy Industrial District) to TX-10 (Texas Ten District). CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 15 Now Director of Development & Planning Bo Bass stated that the subject properties are located south and adjacent to SH 10 west of Texas Star Parkway east to FM 157. He noted that a written letter of protest was received from Andy Chesney, owner of Lot 3, Block 1, Clark McKelvey Addition. City Attorney Bob McFarland noted that because a letter of protest had been received, the subject property would require a 3/4 vote of the Council for approval. Mr. Andy Chesney, 306 E. Huitt, owner of Lot 3, Block 1, Clark McKelvey Addition, stated that his business, B & B Wrecker, is located on that property. He pointed out that the properties along SH 10 were rezoned to C-2 about two years ago. Lot 3 is zoned PD for the wrecker service and he requests that the PD zoning remain. He wanted assurance that as long as a wrecker service remained in business on the property that there would not be a problem even if the business were sold. Mr. Dwight Gann, 901 Heather, stated he did not want his property divided by having 300 feet along SH 10 zoned TX-10 and the remainder light industrial. He stated he represented the owners of Lots Al and A2, Block 1, Cresthaven Addition. Mr. Bass stated that the rezoning will follow lot lines. There being no other proponents or opponents, Mayor Saleh closed the public hearing at 9:50 p.m. ITEM NO. 33 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1267 It was noted that Council Member Walker had left the meeting earlier and that Council Member Baker had stepped down. In order to approve the zoning case, Lot 3, Block 1, Clark McKelvey Addition would have to be removed since six votes are required to approve property receiving a written letter of protest. Council Member Hogg motioned to approve the first and final reading of Ordinance No. 1267 for Zoning Case #97-51-ZC to TX-10 (Texas Ten District), excluding Lot 3, Block 1, Clark McKelvey Addition. Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, and Edwards Nays: None Mayor Saleh declared the motion carried. CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 16 `•• ITEM NO. 34 PUBLIC HEARING OF ZONING CASE #97-52-ZC - C-2 (COMMUNITY BUSINESS DISTRICT) Mayor Saleh opened the public hearing at 10:11 p.m. to discuss the rezoning of Block 1, Lots 1-11, 13-24; Block 2, Lots 1-13, 15-27; Block 3, Lots 1-14, Cresthaven Addition; Tracts 3A, 4B, 3A1, 3A2, 3A3, 3A4, 3A6, 3A7, 4B3, 3A3A, 3A2A1, 3A4B, Allen M. Downen Survey, Abstract 415; Block A, Lot 1, Greenlands Square Addition; Block A, Lot 2, SH 10 Business Center Survey; Block A, Lot 1, Softball World, from C-2 (Community Business District) and I-1 (Light Industrial District) to C-2 (Community Business District). Director of Development & Planning Bo Bass stated that the subject properties are located south of the TX-10 strip along SH 10 from Heather Drive east to FM 157. The current zoning on the properties is I-1. Mr. Dwight Gann, 901 Heather, stated he represents the owners of Lots 10, 11 & 14, Block 1, Cresthaven Addition. He noted that there is a pending sale on the property for light industrial uses. They are requesting that at least the property between Heather and Cresthaven remain I-1. He further noted that there is limited property zoned for light industrial uses and that I-1 would also allow commercial uses. There being no other proponents or opponents, Mayor Saleh closed the public hearing at 10:18 p.m. ITEM NO. 35 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1268 Council Member Tyson motioned to approve the first and final reading of Ordinance No. 1268 for Zoning Case #97-52-ZC to C-2 (Community Business District). Mayor Pro Tem Miller seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, and Edwards Nays: None Mayor Saleh declared the motion carried. ITEM NO. 36 PUBLIC HEARING OF ZONING CASE #97-53-ZC - I-1 (LIGHT INDUSTRIAL DISTRICT) Mayor Saleh opened the public hearing at 10:40 p.m. to discuss the rezoning of Block 2, Lot 14R, Airport Business Park, from C-2 (Community Business District) to I-1 (Light Industrial District). Director of Development & Planning Bo Bass stated that the subject property is a small strip of land that is being requested to be rezoned in order to zone the entire lot I-1. CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 17 There being no proponents or opponents, Mayor Saleh closed the public hearing at 10:41 p.m. ITEM NO. 37 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1269 Council Member Baker motioned to approve the first and final reading of Ordinance No. 1269 for Zoning Case #97-53-ZC to I-1 (Light Industrial District). Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Hogg, Baker, and Edwards Nays: None Mayor Saleh declared the motion carried. (NOTE: Council Member Tyson was out of the Council Chambers) ITEM NO. 38 PUBLIC HEARING OF ZONING CASE #97-54-ZC - 1-1 (LIGHT INDUSTRIAL DISTRICT) Mayor Saleh opened the public hearing at 10:42 p.m. to discuss the rezoning of Block 1, Lot 1, Euless Industrial Park, from C-2 (Community Business District) to I-1 (Light Industrial District). Director of Development & Planning Bo Bass stated that the Planning & Zoning Commission recommended the property be rezoned to TX-10 instead of the proposed I-1. There being no proponents or opponents, Mayor Saleh closed the public hearing at 10:43 p.m. ITEM NO. 39 CONSIDER APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1270 Council Member Baker motioned to approve the first and final reading of Ordinance No. 1270 for Zoning Case #97-54-ZC to TX-10 (Texas Ten District) instead of I-1(Light Industrial District). Council Member Edwards seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, and Edwards `- Nays: None Mayor Saleh declared the motion carried. CITY COUNCIL MINUTES NOVEMBER 11, 1997 PAGE 18 ``o, ITEM NO. 40 REPORTS City Manager City Manager Tom Hart stated that the city's voice mail system had not been operating correctly and was being repaired. He gave an update on Personnel Manager Ruth Alley and stated that she had been hospitalized and was experiencing some serious health problems. City Attorney City Attorney Bob McFarland that the city had received their first appeal regarding action by the Zoning Board of Adjustment. Staff There were no staff reports. City Council Council Member Hogg stated that Julia Wakeley's son-in-law was hospitalized with health problems. Council Member Edwards stated she attended the "Sneak-A-Peak" at the Athletic Complex and had a wonderful time. ITEM NO. 41: ADJOURN The meeting was adjourned at 10:50 p.m. APPROVED: cdeetak Mary Lib aleh Mayor ATTEST: tAr usan Crim, C/AAE City Secretary