The URL can be used to link to this page

Home My WebLink About1993-12-14 MINUTES OF A REGULAR MEETING OF THE EULESS CITY COUNCIL "" DECEMBER 14, 1993 CALL TO ORDER A regular meeting of the Euless City Council was called to order by Mayor Mary Lib Saleh at 4:05 p.m. on Tuesday, December 14, 1993, in the downstairs Administration Building Conference Room. Those present included Mayor Mary Lib Saleh, Mayor Pro Tem Baker and Council Members Frank Douglass, Todd Smith, Charles Miller and Henry Boatright. Councilman-elect Glenn Walker joined the meeting at 6:00 p.m. Precouncil discussion was held on agenda items and other scheduled items. The City Council met in Executive Session to discuss land acquisition as authorized by the Texas Government Code, Section 551.072. COUNCIL CONSIDERATION OF SCHEDULED ITEMS - COUNCIL CHAMBERS The Euless City Council continued their meeting in the Council Chambers at 7:00 p.m. for the consideration of scheduled items. Staff Members Present Tom Hart, City Manager; Bob McFarland, City Attorney; Susan Crim, City Secretary; Joe Hennig, Assistant City Manager; Gary McKamie, Police Chief; Lee Koontz, Fire Chief; Rick Herold, Director of Community Services; Randy Byers, Director of Development and Public Works; Tom Cox, Director of Administrative Services/Economic Development; Andrea Baxter, Principal Engineer; Rod Tyler, City 0' Planner; Betty Yarbrough, Library Manager; Al Vela, Meter Reader, Water Department; Jerry Poteet, Leisure Services Programmer; Modesto Mundo, Assistant to the City Manager; Katherine Thomspon, Public Information Officer; Clyde Cullum, Reserve Police Officer; Cathy DiMaggio, Assistant to the City Secretary Visitors Leon Hogg, Chairperson, Parks and Leisure Services Board; Billy Owens, Planning and Zoning Commission; Boyce Byers, Economic Development Advisory Board; Bill Byers, Historical Preservation Committee; Marland Ernest, Zoning Board of Adjustment; Eric Owens, Parks and Leisure Services Board; Helen Lightbody, Industrial Development Authority; John Voss, Economic Development Advisory Board; Nell Hicks, Civil Service Commission; Harold Samuels, Industrial Development Authority; Tommie Samuels; Ray Saleh; Teresa Walker; Ron Shields; Carla Shields; John Yarbrough; Joe Jordan; Nina Orr; Bonnie O'Brien; Ted Everage, Everage Consultants; Ted Brooks, Brooks Builders; and other visitors as noted on the Visitor's Register PLEDGE OF ALLEGIANCE Councilman Todd Smith led the Pledge of Allegiance. INVOCATION „+ Councilman Henry Boatright gave the invocation. COUNCIL MINUTES DECEMBER 14, 1993 PAGE 2 Mayor Saleh announced that the Council meeting scheduled for December 28, 1993 had been cancelled and the next regular meeting of the Council would be January "`""A 11, 1994. Mayor Saleh welcomed Mr. Glenn Walker who won the December 4, 1993 Runoff Election for Council Member, Place 5. Mr. Walker introduced his wife, Teresa Walker. ITEM NO. 1: OATH OF OFFICE City Attorney Bob McFarland administered the oath of office to Glenn D. Walker, Councilmember, Place 5. ITEM NO. 2: PRESENTATION OF EMPLOYEE SERVICE PINS Mayor Saleh presented the following employees with service pins: Betty Yarbrough, Library Manager, 15-year pin Al Vela, Water Meter Reader, 10-year pin Betty Yarbrough introduced her husband, John Yarbrough, and her mother, Nina Orr. ITEM NO. 3: PRESENTATION OF EMPLOYEE OF THE MONTH FOR DECEMBER Mayor Saleh presented Jerry Poteet, Leisure Services Programmer, with a plaque and gift certificate as Employee of the Month for December. Mr. Poteet introduced his parents, Jerry and Carolyn Poteet, and his brother-in-law and sister, Steve and Jeni Summers. ITEM NO. 4: AUDIENCE REQUESTED BY TCI CABLE Mr. Steve Crawford, Area General Manager, TCI Cable, discussed the fiber optic cable system being installed in the city of Euless. Euless is the first city in the North Texas area to become a part of the nationwide $2 billion fiber optic cable system construction project. REGULAR AGENDA ITEM NO. 5: PUBLIC HEARING FOR REPLAT #P-93-08 Mayor Saleh opened a public hearing at 7: 10 p.m. to hear input on the proposed Replat #P-93-08 of a portion of Bell Ranch Terrace Addition, Phase 3. Rod Tyler, City Planner, reviewed the proposed replat request of Brooks Builders. The builder will relocate some of the existing streets to better conform with future development. Therefore, the replat requires vacation of certain streets in Bell Ranch Terrace Addition, Phase 3, to be considered in Item No. 6 (Ordinance No. 1123) . Mr. Ted Everage, Everage Consultants, offered to answer questions from the Council . Mayor Saleh called for proponents or opponents of the replat and ';, hearing none, closed the public hearing at 7:15 p.m. COUNCIL MINUTES DECEMBER 14, 1993 PAGE 3 ITEM NO. 6: APPROVAL OF ORDINANCE NO. 1123 Mayor Pro Tem Baker moved to approve Ordinance No. 1123, right-of-way vacation of certain property in Bell Ranch Terrace Addition, Phase 3, including portions of Crowe Drive, Nita Lane and Toplea Street. Councilman Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 7: APPROVAL OF REPLAT #P-93-08 Councilman Smith moved to approve Replat #P-93-08, request of Everage Consultants, Inc. for Brooks Builders, for a replat of a portion of Bell Ranch Terrace Addition, Lots 4-7, Block 10; Lots 1-14, Block 11, Lots 2-7, Block 12; Lots 1-7, Block 15 and Lots 1 and 2, Block 16, into Lots 4R-7R and Lots 8-23, Block 10; Lots 1R-11R, Block 11; Lots 2R-7R and Lot 15, Block 12; and Lots 1R-7R and Lots 10-13, Block 15, Bell Ranch Terrace Addition, Phase 3, contingent upon the developer offering, at its expense, to change the elevation of lots 2 and 3 (facing Crowe Drive) to conform with the grade of the street, with the concurrence of the property owner and to the satisfaction of the city engineer. Councilman Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 8: PUBLIC HEARING Mayor Saleh opened a public hearing at 7:35 p.m. to hear public input and a report from Attorney Bob West, regarding possible title defects in certain open spaces and related easements in the City of Euless adjacent to Mid-Cities Boulevard and Trailwood Park. Councilman Walker stated that since Agenda Items 8 and 9 resulted from several months of executive sessions and he had not been on the Council during those meetings, he would abstain from discussion and voting on these items. City Attorney Bob McFarland stated that Attorney Bob West prepared a written report at the direction of the Council regarding the subject easements donated by the Brodsky/Olperton Euless Joint Venture to the City of Euless in 1983 and related matters. Mr. McFarland advised that the report is an attorney work product which is protected from disclosure under the Texas Open Records Act, but the Council may waive this confidentiality. Councilman Smith noted that former COUNCIL MINUTES DECEMBER 14. 1993 PAGE 4 Mayor Samuels was present at the meeting and had requested that the document be made public. Councilman Smith moved to release Attorney Bob West's report to the public. Mayor Pro Tem Baker seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Abstain: Councilman Walker Mayor Saleh declared the motion carried. Attorney West reviewed the history of a 25.997 acre tract of land along Little Bear Creek and the donation of this land to the City of Euless. After review of the facts involved in various transactions between the City of Euless and Brodsky/Olperton Euless Joint Venture (and variations of that title), Mr. West concluded that the two easements from Brodsky/Olperton to the City of Euless dated December 23, 1983, were not executed properly and probably are not legally valid. Mr. West recommended that the city prepare and executive documents to complete the donation from Brodsky/Olperton Euless Joint Venture to the City of Euless a 25.997 acre tract of public open space and a 4.628 acre tract for public road and utility purposes; that the city release any right, title or interest in the 0.506 acre lot at 406 Trailwood Drive; that a new legal description be drawn `W up to include 25.997 acres and excluding the 0.506 acre tract at 406 Trailwood Drive and that Brodsky/Olperton be requested to substitute a comparable 0.506 acre tract within the new legal description. Former Mayor Harold Samuels addressed the City Council regarding the .506 acre tract of land he purchased from Brodsky/Olperton Joint Venture. Discussion took place with interested citizens regarding the property in question. The public hearing was closed at 9:40 p.m. ITEM NO. 9: AUTHORIZE CITY STAFF TO EXECUTE AND DELIVER CORRECTIVE INSTRUMENTS Councilman Douglass moved to concur with Attorney West's recommendations and that city officials be authorized to execute and receive revised documents necessary to obtain clear title to a 25.997 acre tract, excluding Lot 1, Block A, of the Trailwood Addition, and hopefully to obtain such title by deed rather than just a surface easement. Councilman Smith seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None COUNCIL MINUTES DECEMBER 14, 1993 PAGE 5 Abstain: Councilman Walker Mayor Saleh declared the motion carried. ITEM NO. 10: APPROVAL OF RESOLUTION NO. 93-835 Mayor Pro Tem Baker moved to approve Resolution No. 93-835, declaring a public necessity for the acquisition of parcels of real estate required for the construction and maintenance of channel improvements to Sulphur Branch. Councilman Miller seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 11: APPROVAL OF RESOLUTION NO. 93-836 Councilman Boatright moved to approve Resolution No. 93-836, authorizing Tarrant County to electronically transfer City of Euless ad valorem tax receipts to the City's bank depository account. Mayor Pro Tem Baker seconded the motion. -- Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 12: AUTHORIZING THE SALE OF A PORTION OF LOT 13, BLOCK 2, CRESTHAVEN ADDITION (FORMER CRESTHAVEN WELL SITE) Councilman Smith moved to authorize the City Manager to sell a portion of Lot 13, Block 2, Cresthaven Addition to JAI Corporation, 4612 Dartmore Lane, Colleyville, Texas 76034. Councilman Douglass seconded the motion. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 13: AUTHORIZING CITY MANAGER AND POLICE CHIEF TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS TO PROVIDE AUTOMATED FINGERPRINT IDENTIFICATION SERVICES (AFIS). COUNCIL MINUTES DECEMBER 14, 1993 PAGE 6 Councilman Douglass moved to authorize the City Manager and Police Chief to enter into an interlocal agreement with the City of Dallas to provide Automated •-- Fingerprint Identification Services (AFIS) to the City of Euless. Ayes: Council Members Douglass, Smith, Miller, Walker and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Mayor Saleh declared the motion carried. ITEM NO. 14: APPROVAL OF MINUTES Mayor Pro Tem Baker moved to approve the Minutes of the Regular Meeting of November 23, 1993 as presented. Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Abstain: Councilman Walker Mayor Saleh declared the motion carried. Councilman Smith moved to approve the minutes of the Special Meeting of December 6, 1993 as presented. Councilman Boatright seconded the motion. Ayes: Council Members Douglass, Smith, Miller and Boatright, Mayor Pro Tem Baker and Mayor Saleh Nays: None Abstain: Councilman Walker Mayor Saleh declared the motion carried. REPORTS ITEM NO. 15: REPORTS a) City Manager City Manager Tom Hart thanked Tom Cox, Director of Administrative Services/Economic Development for his good work with TCI Cable. Mr. Hart reported on a tragic incident involving a three-year old boy who was recently shot with a pistol in the City of Euless. The boy is a nephew of a city employee. COUNCIL MINUTES DECEMBER 14, 1993 PAGE 7 b) City Attorney City Attorney Bob McFarland had no report. c) Staff Mayor Saleh presented a framed article which had appeared in "Public Management" to City Manager Tom Hart. The article featured Mr. Hart and had originally been published in the Fort Worth Star Telegram. d) City Council Councilman Boatright congratulated the employees who were honored at the beginning of the meeting. Mr. Boatright attended the NLC conference in Orlando and had presented a written synopsis of the meetings he attended. Councilman Walker stated that he was glad to be back on the Council . Councilman Miller congratulated Councilman Walker. Mr. Miller reported that the "Country Christmas" dinner theater was an excellent production and that it is hoped that the city may have more of this type of event in the future. Mayor Pro Tem Baker congratulated Councilman Walker. Councilman Smith welcomed Councilman Walker. Councilman Douglass thanked the parks department for the poinsettias and wished everyone a Merry Christmas. Mayor Saleh reported that Arbor Daze had won a national award. Mayor Saleh thanked the citizens for attending the meeting. The Council returned to a worksession to continue discussion of precouncil items. ADJOURNMENT As there was no further business before the City Council, the regular meeting was adjourned at 11:10 p.m. APPROVED: Mary Lib leh, Mayor ATTEST: Susan Crim, C , City Secretary "'- WP51\MINUTES\12-14-93