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HomeMy WebLinkAbout1992-12-17 MINUTES OF A SPECIAL MEETING OF THE EULESS CITY COUNCIL DECEMBER 17, 1992 CALL TO ORDER A special meeting of the Euless City Council was called to order by Mayor Harold Samuels at 11 :10 a.m. on Thursday, December 17, 1992, in the Arts and Crafts Room of the Midway Recreation Center, 300 West Midway Drive, Euless, Texas. Those present were Mayor Harold Samuels, Mayor Pro Tem Mary Lib Saleh, Council Members Frank Douglass, Todd Smith, Bobby Baker, Peter Staks and Henry Boatright, and staff members City Manager Tom Hart, Assistant City Manager Kay Godbey, City Attorney Bob McFarland, City Secretary Susan Crim, Director of Fiscal and Human Resources Debra Forte, and Director of Development and Operations Joe Hennig. Mayor Samuels announced that Item No. 3 would be considered first in order for the City Attorney to participate in the discussion prior to leaving for another meeting. ITEM NO. 3: RECONSIDERATION OF SPECIFIC USE PERMIT #92-14 Applicant Barkat All was present along with his architect and legal counsel . City Manager Tom Hart explained that new information had come to light and that the City Council might want to reconsider the request for Specific Use Permit #92-14. City Attorney Bob McFarland explained the procedures for reconsidering a decision made at a prior City Council Meeting. Councilman Peter Staks moved to reconsider the request of Barkat Ali for a Specific Use Permit for a church on Lot 3A-R, Block E, Midway Square Addition - Phase 3; generally described as 700 East Harwood Road, located on the southeast corner of Harwood Road and Fuller-Wiser Road. The motion was seconded by Councilman Bobby Baker. Ayes: Council Members Douglass, Smith, Baker, Staks and Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. Councilman Baker asked if the City would be covered on liability from the avigation easement so the applicant could not come back on the City with any type of a sound problem in the future. City Attorney McFarland explained that research subsequent to the last City Council meeting revealed that the prior owners of the property in question have granted to the City and the Dallas/Fort Worth Airport the appropriate avigation SPECIAL COUNCIL MEETING DECEMBER 17, 1992 PAGE 2 easement. The City's Building Code will require, prior to the issuance of a certificate of occupancy, that the building be adequately sound-proofed. He stated that he saw no potential liability to the City with respect to the permitting of the use of this property for the purposes requested. The City Attorney also stated that the Specific Use Permit issued previously for a billiard's parlor with alcohol sales was no longer a factor, because the lease was never obtained for that business and the present purchaser has indicated he will not grant a lease to the billiard's parlor. Mr. McFarland further stated that the applicant for Specific Use Permit No. 92-14 has agreed to locate the front door of the proposed church outside the 300' distance limit from the front door of adjacent businesses who currently have permits to sell alcohol and to the adjacent properties with future possible use in the sale of alcoholic beverages. He said the applicant has further agreed to limit the church use of the commercial site to no more than 50% and that the church will be a lessee of the applicant not an owner of the center. Mayor Pro Tem Saleh asked if another lessee wanted to locate in this shopping center and operate a restaurant with alcohol sales, would the church's presence there prohibit that. Mr. McFarland stated that the proposed owner has indicated he would not lease to an establishment that would sell alcoholic beverages. Mayor Pro Tem Saleh asked if the Specific Use Permit being requested today is for the named applicant only and would not be transferable to a subsequent lessee. Mr McFarland stated that the permit could be either one running with the land applicable to the tract of land and available to any owner or you can limit the permit only to the applicant now applying. Mayor Pro Tem Saleh then asked if the applicant has been advised that Harwood Road will be widened and there will then be additional noise and traffic congestion. Mr. McFarland stated that they had been advised. Councilman Staks made the comment that the applicant should be aware of the noise sensitivity problem and of the Environmental Impact Statement. Councilman Staks moved to approve the request for Specific Use Permit No. 92-14 subject to the following conditions: (1) the main entryway to the place of worship shall be placed in such a way as to not preclude the sale of alcoholic beverages on adjacent properties (2) the church use not be greater than 50% of the existing retail center (3) the building be noise attenuated in accordance with the City's Building Code SPECIAL COUNCIL MEETING DECEMBER 17, 1992 PAGE 3 (4) the permit is for the applicant only and does not go with the property (5) the church will occupy the property as a lessee only Councilman Baker seconded the motion. Councilman Douglass requested the motion be amended to include the provision that the lessor agree not to lease space to anyone selling alcoholic beverages. Council Members Staks and Baker did not make that amendment to their motion. Ayes: Council Members Douglass, Smith, Baker, Staks and Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried and welcomed the Ismaili Jamatkhana and Center to the City of Euless. ITEM NO. 2: ORDINANCE AMENDING ANNUAL BUDGET, FISCAL YEAR 1993 City Manager Tom Hart stated that the City Council requested he look at the current year budget to see if anything had changed that would allow the Council to do more for the employees than they were able to when they finalized the budget prior to October 1. He said he was very pleased to announce, with the audit complete, the City ended the Fiscal Year 1992 with a balance of $144,000. The current budget allows for a 2.5% pay increase for 3/4 of the year, and the proposed amendment today will increase that to 3.75% at a total cost this year of $78,000. Additionally for the employees who are at the top of their pay scale, a lump sum of 2.5% of their annual salary is proposed. Mr. Hart also announced that a City Council subcommittee studying the Civil Service Rules and Regulations have a plan for some improved benefits and an announcement will forthcoming at a later date. Councilman Douglass moved to approve the first and final reading of Ordinance No. 1103 amending the official budget as set forth in Ordinance No. 1090, for the Fiscal Year beginning October 1 , 1992, and ending September 30, 1993. The motion was seconded by Mayor Pro Tem Saleh. Ayes: Council Members Douglass, Smith, Baker, Staks and Boatright Mayor Pro Tem Saleh and Mayor Samuels Nays: None Mayor Samuels declared the motion carried. SPECIAL COUNCIL MEETING DECEMBER 17, 1992 PAGE 4 ADJOURNMENT There being no further business, the Special Meeting was adjourned at 11 :50 a.m. APPROVED: �C! Harold D. Samuels Mayor ATTEST: Susan Crim, MC City Secretary NNW