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HomeMy WebLinkAbout1998-02-10 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL FEBRUARY 10, 1998 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:15 p.m. on Tuesday, February 10, 1998, 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. Closed session was held for deliberation of real property action as authorized by Section 551.072 of the Texas Government Code. 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 7:11 p.m. for the consideration of scheduled items. Staff Members Present Niftw City Manager Tom Hart, Deputy City Manager Joe Hennig, City Attorney Bob McFarland, City Secretary Susan Crim, Director of Planning & Development Bo Bass, Director of Economic Development and Marketing Dave Witcher, Director of Public Works Randy Byers, Finance Director Loretta Getchell, Police Chief Gary McKamie, Director of Administration Tom Cox, Fire Chief Lee Koontz, Deputy Fire Chief Don Wilson, City Planner Carol Griffith, Facility Attendant Clay Witt, Senior Administrative Assistant Scott Campbell, Reserve Police Officer Clyde Cullum, and Assistant to the City Secretary Becky Null. Visitors Lisa Logan; Bob Burns, TU Electric; Carroll Scott; Barney Snitz, Library Board and Crime Control Prevention District member; Wes Scott, Library Board member; Art Anderson; Carl Smith; Ruth Lowrey; Bill Rose; Planning & Zoning Commissioners Keith Eggers and Billy Owens; and other visitors as noted on the visitor's register. PLEDGE OF ALLEGIANCE Girl Scout Troop #1542, led the Pledge of Allegiance. New CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 2 INVOCATION •r. Rev. David T. Freeman, First Assembly of God, gave the invocation. NOTE: Mayor Saleh informed the audience that the Council would be tabling Item Nos. 19 & 20 since the property was advertised for C-2 zoning and the Planning & Zoning Commission recommended approval for R-1. ITEM NO. 19 TABLED PUBLIC HEARING FOR ZONING CASE NO. 98-13-ZC TO C-2 -COMMUNITY BUSINESS DISTRICT ITEM NO. 20 TABLED FIRST AND FINAL READING OF ORDINANCE NO. 1307 Council Member Edwards motioned to table Item Nos. 19 and 20 to allow re-evaluation by staff on the rezoning of Zoning Case No. 98-13-ZC, Tract 1, R. Price Survey, A-1206. Mayor Pro Tem Miller seconded the motion and stated that he felt the lot size might not support R-1 (Single Family), but might support TH (Townhome). 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. 1 PRESENTATION OF EMPLOYEE OF THE MONTH FOR FEBRUARY Director of Administration Tom Cox introduced Clay Witt, Facility Attendant, Fleet& Facility Operations, and his girlfriend, Lisa Logan. Mayor Saleh presented Mr. Will with a plaque for Employee of the Month for February. CONSENT AGENDA Item No. 8 was pulled from the Consent Agenda and Item Nos. 2 through 7 and 9 through 11 were approved as follows: ITEM NO. 2 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1303 Approval of first and final reading of Ordinance No. 1303 regarding electric base rate reductions for TU Electric's retail customers. ITEM NO. 3 APPROVAL OF ACCEPTANCE OF TELECOMMUNICATIONS INFRASTRUCTURE FUND GRANT TO EULESS PUBLIC LIBRARY `.. Approval of the Telecommunications Infrastructure Fund Grant to the Euless Public Library. CITY COUNCIL MINUTES FEBRUARY 10. 1998 PAGE 3 ITEM NO. 4 APPROVAL OF RESOLUTION NO. 98-987 r.. Approval of Resolution No. 98-987 calling a General Election for City Council Members, Places One and Three, on Saturday, May 2, 1998. ITEM NO. 5 APPROVAL OF RENEWAL OF BID NO. 96-47 Approval to renew Bid No. 96-47 for the annual contract for Hot Mix Asphalt to Austin Asphalt, P. O. Box 185130, Fort Worth, Texas, 76181, in the amount of $22.98/ton, delivered, and to Reynolds Asphalt, P. O. Box 370, Euless, Texas, 76039, as secondary supplier in the amount of $23.50/ton, delivered. ITEM NO. 6 APPROVAL OF TEMPORARY USE PERMIT FOR CONCRETE BATCH PLANT Approval of a temporary use permit for a concrete batch plant with Site Concrete, Inc., on Westpark Way project. ITEM NO. 7 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1316 Approval of first and final reading of Ordinance No. 1316 amending Ordinance No. 1424 adopting the Official Operating and Capital Budget for FY '97-98, providing for an increase in total expenditures of the Crime Control and Prevention District Budget, to $1,499,938, *tar with $700,000 thereof to be allocated to the Police Facility Construction Fund. ITEM NO. 9 APPROVAL OF RENEWAL AND EXTENSION OF CONTRACT Approval of renewal and extension of the City Manager's contract through January 31, 2000. ITEM NO. 10 APPROVAL OF RENEWAL AND EXTENSION OF CONTRACT Approval of renewal and extension of the City Secretary's contract through January 31, 2000. ITEM NO. 11 APPROVAL OF MINUTES Approval of the minutes of the Regular City Council Meeting of January 27, 1998, and the minutes of the Special Called City Council Meeting of February 3, 1998. Council Member Edwards motioned to approve Item Nos. 2 through 7 and 9 through 11 on the Consent Agenda. Council Member Walker seconded the motion. NNW Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 4 Mayor Saleh declared the motion carried. NNW REGULAR AGENDA ITEM NO. 8 APPROVAL OF BID NO. 97-61 Fire Chief Lee Koontz explained how the breathing air station operated refilling the air bottles firefighters used when fighting fires. The breathing air station will be permanently located at Fire Station No. 2. He stated that the low bid was not on a similar unit as the other bids; however, after being contacted, the company agreed to furnish a similar unit. Mayor Pro Tern Miller motioned to award Bid No. 97-61 to Four Alarm Fire Equipment, 3500 S. Richey #140, Houston, Texas, 77017, representing American Breathing Air, Inc., in the amount of $29,775, for the purchase of one Breathing Air Station with optional compressor and cooling system. Council Member Baker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Now Mayor Saleh declared the motion carried. ITEM NO. 12 APPROVAL OF APPOINTMENT OF BOARD AND COMMISSION MEMBERS Council Member Edwards motioned to approve appointments to the following boards and commissions: Teen Court Advisory Board Christian Robinson for a term to expire 12/31/99 Civil Service Commission Carla Shields - Place 1 for a term to expire 12/31/99 Melvin Shuler- Alternate 1 for a term to expire 12/31/98 Library Board Maxine Wallis - Place 5 for a term to expire 12/31/98 Bernard Snitz -Alternate 1 for a term to expire 12/31/98 Jerri Walker - Alternate 2 for a term to expire 12/31/98 Council Member Walker 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. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 5 ITEM NO. 13 PUBLIC HEARING FOR ZONING CASE NO. 98-11-ZC - R-1 - SINGLE Now FAMILY DWELLING DISTRICT Mayor Saleh opened the public hearing at 7:35 p.m. on the rezoning of property described as Lakewood Addition, Lot Al, from R-4 to R-1. Director of Planning & Development Bo Bass stated the property was located east of North Industrial Blvd. and north of Ash Lane. Mr. Bass stated that legal notification of this public hearing was published in the Fort Worth Star Telegram not less than 15 days prior to this hearing. There being no proponents or opponents, Mayor Saleh closed the public hearing at 7:36 p.m. ITEM NO. 14 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1305 Mayor Pro Tem Miller motioned to approve the first and final reading of Ordinance No. 1305 for Zoning Case #98-11-ZC to R-1 (Single Family Dwelling District). 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. 15 PUBLIC HEARING FOR ZONING CASE NO. 98-12-ZC - R-1 - SINGLE FAMILY DWELLING DISTRICT Mayor Saleh opened the public hearing at 7:37 p.m. on the rezoning of property described as Bear Creek Estates, Block 7, Lot 10, and Franklin Levy Survey, Abstract 513, Tract 2E, from CUD to R-1. Director of Planning & Development Bo Bass stated the property was located at the northwest corner of Bear Creek Drive and Mid-Cities Blvd. Mr. Bass stated that legal notification of this public hearing was published in the Fort Worth Star Telegram not less than 15 days prior to this hearing. He also noted that Lot 7, Block 10, Bear Creek Estates, and right-of-way at the south end of Baze Drive were removed from the request because they were included by error. He further noted that a written protest had been received. Mayor Saleh asked if there were any proponents. Mr. Marty Herrmann, 517 Anthony Drive, stated he agreed with the Planning & Zoning �.. Commission's recommendation of R-1 zoning. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 6 Mayor Saleh read a statement from Mark Moore, 2401 Baze Road, stating he would prefer �•• the property be rezoned R-1 C (Single Family Custom Dwelling District). He also requested an audience with the Council before Baze Road is extended. There being no additional proponents, Mayor Saleh asked for any opponents. Mr. Carl Smith, Route 1, Box 252, Collinsville, Texas, stated he has been co-owner of the subject property for 15 years, and he requested the City Council postpone the rezoning of this property until the acquisition of right-of-way for the Mid-Cities Blvd. construction is completed. He noted that he has been waiting for Mid-Cities Blvd. to be widened before developing the property. Mr. Art Anderson, attorney with Winstead, Sechrest & Minick, 5400 Renaissance Tower, Dallas, stated he represented the owners Carl Smith and Ruth Lowery. He reviewed a letter from an appraiser and had a right-of-way map showing 120 feet of right-of-way with a different configuration than the city. He said the map indicated that Mid-Cities Blvd. would be relocated to come through the middle of his clients' property and that approximately 5.5 acres would be taken by the right-of-way which would leave 4 to 5 usable acres. In addition, he believed that houses would not be desirable next to a thoroughfare. He requested that a decision be postponed until after right-of-way acquisition on Mid-Cities Blvd. is completed. There being no additional opponents, Mayor Saleh closed the public hearing at 7:55 p.m. No.. ITEM NO. 16 DENIAL OF ORDINANCE NO. 1306 Mayor Pro Tern Miller motioned to approve Ordinance No. 1306 for Zoning Case #98-12- ZC to R-1 (Single Family Dwelling District), stating that he understood some land is going to be required for the easement on Mid-Cities Boulevard, but he still thought the tract of land is a natural extension from the homes to the north down to the south and that houses were built along Mid-Cities Blvd. to the east of Main Street and in Arlington houses back up to 1-20. Council Member Tyson seconded the motion, stating that the property has been zoned multi-family for 15 years and has not developed. City Manager Hart confirmed that Mid-Cities Blvd. has been in the works since 1989, and clearance was just given from the State Highway Department to begin right-of-way acquisition for a four-lane thoroughfare with a turn lane. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Walker and Edwards Nays: Council Members Hogg and Baker Mayor Saleh declared the motion failed due to a written protest being filed, which required six affirmative votes for approval. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 7 Council Member Baker stated he thought it was only fair to give the owners until after the �•• right-of-way adjustments have been made, and then it would be a good time for the City Council to look at it again. ITEM NO. 17 PUBLIC HEARING FOR ZONING CASE NO. 98-14-ZC- R-1 - SINGLE FAMILY DWELLING DISTRICT Mayor Saleh opened the public hearing at 8:05 p.m. on the rezoning of property described as Edward Taylor Survey, Abstract 1550, Tracts 1B and 1C, from C-2 to R-1. Director of Planning & Development Bo Bass stated the property was located at the southeast quadrant of North Main Street and Glade Road. Mr. Bass stated that legal notification of this public hearing was published in the Fort Worth Star Telegram not less than 15 days prior to this hearing. Mayor Saleh asked if there were any proponents or opponents. Mr. Steve Magee, Magee-Leonard Corporation,4611 Pine Valley, Frisco, Texas, stated that he has a contract to purchase both of the subject tracts. He requested that this item be tabled until he can present his proposal. There being no additional opponents, Mayor Saleh closed the public hearing at 8:08 p.m. r., ITEM NO. 18 DENIAL OF ORDINANCE NO. 1308 Mayor Pro Tem Miller motioned to deny Ordinance No. 1308 for Zoning Case #98-14-ZC to R-1 (Single Family Dwelling District). Council Member Edwards 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. ITEMS NO. 19 AND 20 WERE CONSIDERED AT THE BEGINNING OF THE MEETING ITEM NO. 21 PUBLIC HEARING FOR ZONING CASE NO. 98-15-ZC - C-2 - COMMUNITY BUSINESS DISTRICT Mayor Saleh opened the public hearing at 8:10 p.m. on the rezoning of property described as Edward Taylor Survey, Abstract 1550, Tract 1A1C, from R-1 to C-2. Director of Planning & Development Bo Bass stated the property was located south of Glade Road and west of Clairmont Lane. Mr. Bass stated that legal notification of this public hearing was published in the Fort Worth Star Telegram not less than 15 days prior to this hearing. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 8 There being no proponents or opponents, Mayor Saleh closed the public hearing at 8:11 Nu. p.m. ITEM NO. 22 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1309 Council Member Baker motioned to approve the first and final reading of Ordinance No. 1309 for Zoning Case #98-15-ZC to C-2 (Community Business District). Mayor Pro Tern Miller seconded the motion. Council Member Tyson stated he was at the Planning & Zoning Commission meeting and the owner of the property being considered spoke in favor of the rezoning. 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. 23 TABLED FIRST AND FINAL READING OF ORDINANCE NO. 1293 Mayor Saleh stated that Ordinance No. 1293 was tabled until this meeting to consider ..,, approval of Zoning Case #98-01-ZC for C-2 (Community Business District). Director of Planning & Development Bo Bass stated that screening with an 8 ft. masonry wall on the west side of the property exposed to FM 157 and a 6 ft. wooden fence on the north and east sides would bring the property into compliance with C-2 as far as screening. He stated that staff still takes the position that the property should be rezoned from PD to C-2 instead of tying the use of the property to a specific PD. Council Member Baker asked Mr. Bass if an agreement had been reached with Mr. Chris Sutherland. Mr. Bass stated that they had reached an understanding, not an agreement. He stated that Mr. Sutherland was concerned that he would lose the ability to have warehousing, which Mr. Bass agreed that they would lose the ability to have pure warehousing. He stated that C-2 will allow them to have an office/showroom/warehouse and that staffs concern is that with the PD, Sutherland could have mainly warehousing on the property. In response to a question regarding C-2 making the lumber yard a non-conforming use, Mr. Bass stated that a lumber yard is permitted in C-2. The current PD specifies retail, warehouse and unscreened outdoor storage. Council Member Baker expressed concern that the area facing Harwood Road would only be screened by a chain link fence with slats. Council Member Baker stated that when it becomes an issue at a later date, he personally wants to see stricter fencing on the Harwood Road side. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 9 Mr. Bass stated that the majority of the north side was blocked from view along Harwood `•- Road by several commercial buildings, so that was an area that staff was being flexible. He noted that the fencing along the residential side has not been agreed upon. It would be preferable for the developer to discuss with the homeowners and replace their fences with a solid fence instead of having two fences several feet apart. City Attorney Bob McFarland stated that he had a serious concern in that he may have misinformed the owner, who had just left the meeting to catch a plane. Mr. McFarland stated he contacted staff at the owner's request to confirm that retail/warehouse simply indicated C-2 permitted uses; both retail and office warehouse. He understood that there would be absolutely no difference between the available uses to the property owner under the current PD zoning and the C-2 zoning, which allows retail/warehouse. He stated he now understands that they would allow a broader, more industrial type warehouse use in the PD than permitted in C-2. If that is the case, Mr. McFarland stated he had misinformed the owner. Mr. Bass stated that in their discussion he noted there is very little difference between C-2 and this PD except primarily for screening. He stated that he discussed there is a chance the owner could take the PD and point to the retail/warehousing and decide to go with warehousing. They could sell to another owner, modify the structure and have a trucking operation in which they ship out cedar shingles. Mr. Bass stated that they did not think that was in the public's best interest. He further stated there is room for interpretation and he wants to take the interpretation out by rezoning to C-2. NOW Mr. McFarland did not object to staff taking that position; however, he wanted the Council to know he misinformed the owner, who had left the meeting to catch a plane. He understood that the only difference between the proposed rezoning to C-2 and the current PD zoning is that outdoor storage unscreened would not be allowed in C-2. He stated he was specifically asked by the owner today if there was any possible use he could make of the property, and specifically indicated warehousing, that he would not be able to use the property for if zoned C-2. Mr. McFarland stated he had advised the owner that there was nothing he could use the property for today that he could not use it for tomorrow if zoned C-2 except no outdoor storage would be allowed without screening. He stated he confirmed with staff that warehousing was allowed in C-2, but that he now understands there is a distinction as to whether the warehouse has an office. Mr. Bass stated that the issue should probably be tabled in the best interest of the owner; however, with warehousing being a possibility under the PD, he is trying to clean the site up by eliminating the possibility of having a stand-alone warehouse and requiring screening. Mr. McFarland requested that the item be tabled so that he can clarify the situation by reviewing the currently approved PD and inform the owner he had been misinformed. Council Member Edwards motioned to table further consideration of Ordinance No. 1293 until the City Council meeting on February 24, 1998, for Zoning Case #98-01-ZC to C-2 (Community Business District). Council Member Hogg seconded the motion. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 10 Mayor Pro Tern Miller stated he would like to see masonry fencing on the Harwood side ... of the property. Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None Mayor Saleh declared the motion carried. Mayor Saleh asked if the item was under written protest. Mr. Art Anderson, attorney with Winstead, Sechrest & Minick, 5400 Renaissance Tower, Dallas, representing the owner, stated that the protest was withdrawn in regards to the property remaining zoned PD but that the protest does apply to anything other than amending the PD to reflect the site plan screening. In response to a question by Council Member Tyson as to whether Mr. Anderson could sign the protest letter, City Attorney McFarland stated that attorneys have always been authorized to file notices on behalf of their clients. Mr. Anderson stated if there was any doubt, he would get a formal protest letter signed by Mr. Sutherland stating his protest. r.. ITEM NO. 24 APPROVAL OF FIRST AND FINAL READING OF ORDINANCE NO. 1295 Mayor Saleh stated that Ordinance No. 1295 was tabled until this meeting to consider approval of Zoning Case #98-03-ZC for C-1 (Neighborhood Business District). Director of Planning & Development Bo Bass stated that the property is located just south of the Kroger shopping center and is zoned PD for reduced lot residential and mini- warehouses. He stated the property is suitable for garden offices, but not warehouses. Mayor Saleh read from a statement submitted by Mr. Bill Rose, 2902 Carlisle#100, Dallas, stating "that the present zoning works well as it was intended as a buffer and transition area, with proper fencing and landscaping, the property will serve highest and best use for Euless and the property owners." Mr. Art Anderson, attorney with Winstead, Sechrest & Minick, 5400 Renaissance Tower, Dallas, representing the owner, stated that a written letter of protest was submitted opposing the change to C-1. They believe the current zoning with some modifications is best. He asked that a decision be postponed until the first Council meeting in March. Council Member Tyson pointed out that there were a lot of oak trees which made the property ideal for a garden office building. City Manager Hart stated that out of fairness for the developer, the developer had a market study done on the site for an office garden building at the encouragement of development staff, but had not had success in marketing the property for that use. CITY COUNCIL MINUTES FEBRUARY 10. 1998 PAGE 11 Council Member Tyson motioned to approve the first and final reading of Ordinance No. •• 1295 for Zoning Case #98-03-ZC to C-1 (Neighborhood Business District). Mayor Pro Tem Miller 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. 25 APPROVAL OF SECOND AND FINAL READING OF ORDINANCE NO. 1301 Mayor Saleh stated that Ordinance No. 1301 was tabled until this meeting to consider approval of Zoning Case#98-09-ZC for R-4 (Multi-Family Dwellings 16 Units/Acre District). Director of Planning & Development Bo Bass stated that both staff and the Planning & Zoning Commission recommend both tracts in the initial request be zoned R-1. He stated that one of the owners has a buyer interested in a legitimate purchase of one of the tracts. He pointed out that the initial request involved Lot 1, Block A, Bear Creek Villas I Addition, currently zoned R-4 and Lot 1, Block G, Woodcreek Addition, currently zoned CUD. The o., first reading of the ordinance was approved for R-4 zoning on Lot 1, Block G, Woodcreek Addition, leaving Lot 1, Block A, Bear Creek Villas I Addition zoned R-4. Mr. Bass requested that Lot 1, Block A, Bear Creek Villas I Addition be included back into the request and consideration being given to rezoning both tracts to R-1 as initially requested due to the owner of the Bear Creek Villas I Addition having a contract to sell the property for single family homes. Mr. Art Anderson, attorney with Winstead, Sechrest & Minick, 5400 Renaissance Tower, Dallas, representing the owner of Lot 1, Block G, Woodcreek Addition stated they still request the R-4 zoning as approved at the last Council meeting. Mr. Mark Alfieri, 9400 N. Central Expressway, Suite 200, Dallas, owner of Lot 1, Block A, Bear Creek Villas I Addition, stated that he has met with Mr. Bass and D. R. Horton Builders. He stated that D. R. Horton Builders has made a formal offer to purchase and he has accepted. Mr. Trent Horton, 1901 Ascension Blvd., Arlington, stated that on behalf of D. R. Horton Builders he is offering a purchase contract to the owner of Lot 1, Block G. Woodcreek Addition, as well as Mr. Alfieri's property. He stated they developed Harwood Court Addition to the west, which has been successful. Mayor Pro Tem Miller stated that he read an article that builders are having trouble finding residential lots to build on and that it is a good market for developing residential homes. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 12 Mayor Saleh suggested that the Council separate the two pieces of property. Lot 1, Block r•• A, Bear Creek Villas I Addition does not have a protest, however, Lot 1, Block G, Woodcreek Addition does have a protest, which will require at least six affirmative votes to approve. Mr. Anderson stated that their protest was only withdrawn in regards to the R-4 zoning, but the property is still under protest for any rezoning other than R-4. He also noted that his client is not under contract with anyone on the property and does not want R-1 zoning. City Attorney Bob McFarland stated that this is still the same zoning case so the City Council can amend the ordinance any way they want and can divide and vote separately upon the two parcels of property being considered. Council Member Tyson motioned to approve Ordinance No. 1301 for Zoning Case #98-09- ZC on Lot 1, Block A, Bear Creek Villas I for R-1 (Single Family Detached Dwelling District). Council Member Walker seconded the motion. Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg, Baker, Walker and Edwards Nays: None w.. Mayor Saleh declared the motion carried. Council Member Baker motioned to approve rezoning Lot 1, Block G, Woodcreek Addition, to R-4 (Multi-Family Dwelling 16 Units/Acre District). Council Member Hogg seconded the motion. Ayes: Mayor Saleh, Council Members Hogg, and Baker Nays: Mayor Pro Tern Miller, Council Members Tyson, Walker and Edwards Mayor Saleh declared the motion failed. Council Member Tyson motioned to approve rezoning on Lot 1, Block G, Woodcreek Addition to R-1 (Single Family Detached Dwelling District). Mayor Pro Tern Miller seconded the motion. Ayes: Mayor Pro Tern Miller, Council Members Tyson, Walker and Edwards Nays: Mayor Saleh, Council Members Hogg, and Baker Mayor Saleh declared the motion failed as there is a letter of protest against R-1 zoning filed on behalf of the property owner. CITY COUNCIL MINUTES FEBRUARY 10, 1998 PAGE 13 Council Member Baker motioned to reconsider approving rezoning Lot 1, Block G, `ow. Woodcreek Addition, to R-4 (Multi-Family Dwelling 16 Units/Acre District). The motion failed for lack of a second, therefore, it remains zoned CUD. Council Member Walker stated that there are enough apartments in Euless. Mayor Pro Tem Miller stated that we tell our citizens that at every town hall meeting and that we are going to do something about it. ITEM NO. 26 Reports City Manager City Manager Hart had no report. City Attorney City Attorney Bob McFarland had no report. City Council Council Member Tyson congratulated Clay Will for being selected Employee of the Month .r,., for February. He stated he attended the Wilshire Town Hall Meeting and there was a group in attendance who were very interested in their City. Council Member Miller stated that talk radio personality Kevin McCarthy did his radio show live from Pockets Restaurant. Mayor Saleh reminded everyone of the Town Hall Meeting at South Euless Elementary on Thursday, February 12, at 7:00 p.m. ITEM NO. 27 ADJOURNMENT The meeting adjourned at 9:10 p.m. APPROVED: Mary Lib Sdeh, Mayor ATTEST: •ar us.n Crim, CM /AAE, City Secretary