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CM 1988-04-26 Minutes of April 26, 1988 The City Council of the City of Coppell met in a regular called session on Tuesday, April 26, 1988 at 7:30 p.m. in the Coppell Town Center. The following members were present: Lou Duggan, Mayor Dean Wilkerson, Councilman (late arrival) Walter PettiJohn, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman Mark Wolfe, Councilman Mayor Pro Tem Stanton was absent from the meeting. Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons, and City Attorney Larry Jackson. The meeting was called to order and everyone asked to stand while Acting City Manager, from Lee Elementary fifth grade class, John Griffin gave the invocation. Mayor Duggan then led those present in the Pledge of Allegiance. Mayor Duggan then introduced Lee Elementary fifth grade teachers Mrs. Marcia Raines and Mrs. Kathy Yancy, the students of Lee Elementary School fifth grade classes, and Mr. Bruce MacDonald, Principal of Lee Elementary. Students from this school are participating in tonight's City Council meeting as part of the "Students In Government Program" conducted by the Mayor and Council. Those students and their Council counterparts are as follows: Cody Watson, Mayor (Lou Duggan) Thao Ngo, Councilwoman (Bill Smothermon) Susan Dodge, Councilwoman (Dean Wilkerson) Erin Shaver, Councilwoman (Walter Petttjohn) Leslie Cantu, Councilwoman (Tom Morton) Dan Barnes, Councilman (Mark Wolfe) Michael Palmer, Councilman (Jim Cowman) James Raney, Councilman (Bill Smothermon) John Griffin, City Manager (Alan D. Ratliff) Chris Rubrecht was recognized as Student at Large representing Lee Elementary School. APPROVAL OF MINUTES Item 1: Consider approval of minutes - April 12, 1988 Councilwomen Cantu (Morton) moved to approve the minutes of April 12, 1988 as submitted. Councilwoman Thao Ngo (Smothermon) seconded; motion carried 5-0 with Council members Dodge and Shaver (PettiJohn), Cantu · (Morton), Ngo and Raney (Smothermon), Palmer (Cowman), and Barnes (Wolfe) voting in favor of the motion. Councilman Dean Wilkerson arrived at this time. MAYOR'S REPORT Item 2: Mayor's Report Mayor Duggan reported on the following items: A. A Joint work session of the City Council and Coppell ISD School Board has been planned for mid May, 1988. B. After the scheduled Municipal election of May 7, 1988 a committee will be created for the Coppell 2000 Plan. C. The students elected as Students at Large from Pinkerton Elementary, Austin Elementary and Lee Elementary will be representing their schools and the Students in Government Program in Austin May 7th and 8th. The student representatives, and Council members representing the City of Coppell that would like to go, will be meeting with State Representative Ken Marchant, and will take a tour of the Capitol. D. Mayor Duggan stated that Mayor Pro Tem Dan Stanton was unable to attend the meeting which is his last meeting of his term of office, and further stated that his presence will be missed. E. Councilman Dean Wilkerson requested those present to please remember to vote in the Jail bond election which is very important to our County. F. Councilman Bill Smothermon informed the Council members that Councilman Morton has information concerning the dunking booth for Founder's Day. Go City Manager Griffin (Ratliff) questioned the cost of the Austin trip. Mayor Duggan stated the approximate cost would be $500.00 or less, which would be funded from the Mayor and Council budget. Item 3: CITIZEN'S APPEARANCES - Consider citizens who wish to speak before the City Council. Mayor Watson (Duggan) then asked for those persons who wished to speak under the the above stated item. Citizens speaking were: A. Vivian Checkley - stated complaints concerning: 1. Water, roads, and garbage collection. a. The small water tower is not sufficient b. Standards for cement work. The new City Hall and some City streets are already showing need for repair c. A set time should scheduled for garbage to be picked up. d. Yellow warning signs need to be painted on steps outside of the Town Center facility. Mrs. Checkley stated that she was present when a citizen fell on the steps. Mayor Duggan requested a letter from Ms. Checkley be sent to the City stating the above complaints and informed her that they would be addressed by City staff. Item 4: Consider approval of a Resolution declaring April 26, 1988 as "Students In Government Day In Coppell" and authorizing the Mayor to sign. Bruce MacDonald, Principal of the Lee Elementary School, together with fifth grade teachers Mrs. Marcia Raines and Mrs. Kathy Yancy were present during the presentation of this item. Mayor Watson (Duggan) read the resolution in its entirety. Councilman Barnes (Wolfe) moved to approve Resolution 042688.1 declaring April 26, 1988 as "Students In Government Day In Coppell" and authorized the Mayor to sign, Councilwoman Cantu (Morton) seconded; motion carried 6-0 with Council members Dodge (Wilkerson), Shaver (Pettijohn), Cantu (Morton), Ngo and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motion. Item 5: Consideration of approval of a Proclamation regarding the "Honor Card Program" for high school students of the Coppell Independent School District jointly sponsored by the City of Coppell, the Coppell Independent School District and the Coppell Business Association and authorizing the Mayor to sign. Mrs. Barbara Austin made the presentation to the Council. She stated that the Coppell Business Association has not yet formally approved this concept, but the school has talked with the President of the Coppell Business Association and they anticipate approval at their next scheduled meeting. Following further discussion Councilman Barnes (Wolfe) moved to approve the Proclamation regarding the "Honor Card Program" for high school students of the Coppell Independent School District which is Jointly sponsored by the City of Coppell, the Coppell Independent School District and the Coppell Business Association and authorize the Mayor to sign. Councilwoman Ngo (Smothermon) seconded the motion; motion carried 6-0 with Council members Dodge (Wilkerson), Shaver (PetttJohn), Cantu (Morton), Ngo and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motion. Item 6: Consideration of approval of a Proclamation designating the week of April 24-30, 1988 as "American Home Week" and authorizing the Mayor to sign. Councilman Mark Wolfe made the presentation to the Council. Following further discussion Councilwoman Shaver (PettiJohn) moved to approve the Proclamation designating the week of April 24-30, 1988 as "American Home Week" and authorize the Mayor to sign. Councilwoman Dodge (Wilkerson) seconded the motion; motion carried 6-0 with Council members Dodge (Wilkerson), Shaver (Pettijohn), Cantu (Morton), Ngo and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motion. Item 7: Discussion and consideration of approval of a variance from Section 10-4-7 of the Sign Ordinance which concerns a portable sign to be erected by the Coppell Rotary Club at the intersection of Beltline Road and Cowboy Drive from 3:00 p.m. until 9:00 p.m. on Friday, April 29, 1988 and from 8:00 a.m. until 6:00 p.m. on Saturday, April 30, 1988. City Manager John Griffin (Ratliff) informed the Council that Chief Building Inspector Dale Jackson was present to discuss the above stated item. Following further discussion, Councilwoman Dodge (Wilkerson) moved to approve the variance from Section 10-4-7 of the Sign Ordinance concerning a portable sign to be erected by the Coppell Rotary Club at the intersection of Beltline Road and Cowboy Drive from 3:00 p.m. through 9:00 p.m. on Friday, April 29, 1988 and from 8:00 a.m. through 6:00 p.m. on Saturday, April 30, 1988. Councilwoman Shaver (Pettijohn) seconded the motion; motion carried 6-0 with Council members Dodge (Wilkerson), Shaver (PettiJohn), Cantu (Morton), Ngo and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motion. Item 8: Discussion and consideration of approval of a variance from Section 10-5-2 A 5 of the sign ordinance which concerns the maximum size of a monument sign at the Speedy K Convenience Store. City Manager John Griffin (Ratliff) informed the Council that Chief Building Inspector Dale Jackson was present to discuss the above stated item. Also present to discuss the above item was Mr. Steve Cope representing Speedy K Convenience Store. Following further discussion, Councilwoman Ngo (Smothermon) moved to (approve) deny the variance from Section 10-5-2 A 5 of the sign ordinance which concerns the maximum size of a monument sign at the Speedy K Convenience Store. Councilman Palmer seconded the motion; motion carried 6-0 with Council members Dodge (Wilkerson), Shaver (PettiJohn), Cantu (Morton), Ngo and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motion. '~ Item 9: Consider approval of an Ordinance for Case #S-1002 located at 150 Denton Tap Road, Suite 116 for the operation of a restaurant and authorizing the Mayor to sign. Date of Planning and Zoning Meeting - November 20, 1986 Decision of Planning and Zoning Commission - Approved (6-0) Date of City Council Meeting - December 16, 1987 Decision of City Council - Approved (7-0) City Manager John Griffin (Ratliff) informed the Council that this is a housekeeping item and is recommended for approval. Following further discussion, Councilman Barnes (Wolfe) moved to approve Ordinance 297-A-40, Case #S-1002 on property located at 150 Denton Tap Road, Suite 116 for the operation of a restaurant and authorized the Mayor to sign. Councilwoman Cantu (Morton) seconded the motion; motion carried 6-0 with Council members Dodge (Wilkerson), Shaver (Pettijohn), Cantu (Morton), Ngo and Raney (Smothermon), Palmer (Cowman) and Barnes (Wolfe) voting in favor of the motion. Mayor Duggan presented a City of Coppell flag to Mr. Bruce MacDonald, Principal of Lee Elementary School and certificates to the students present representing the Mayor, City Council members and City Manager. The students were thanked for their participation in the "Students in Government Program" which ended at this time. '-% Item 10: Consider approval of an Ordinance for Case #S-lO30 located at 150 Denton Tap Road, Suite IO1A for the operation of a restaurant and authorizing the Mayor to sign. Date of Planning and Zoning Meeting - December 17, 1987 Decision of Planning and Zoning Commission - Approved (7-0) Date of City Council Meeting - January 12, 1988 Decision of City Council - Approved (7-0) Following discussion on this item Councilman Morton moved to approve Ordinance 297-A-41, Case #S-1030 on property located at 150 Denton Tap Road, Suite iO1A for the operation of a restaurant and authorized the Mayor to sign. Councilman Wolfe seconded the motion; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 11: Consider approval of an Ordinance for Case #ZC-508 located approximately 400 feet west of the southwest corner of MacArthur Boulevard and Beltline Road for a zoning change from (R) Retail to (C) Commercial. Date of Planning and Zoning Meeting - December 17, 1987 __~ Decision of Planning and Zoning Commission - Approved (4-3) Date of City Council Meeting - February 23, 1988 Decision of City Council - Approved (7-0) Following discussion on this item Councilman Morton moved to approve Ordinance 297-A-42, Case #ZC-508 on property located approximately 400 feet west of the southwest corner of MacArthur Boulevard and Beltline Road for a zoning change from (R) Retail to (C) Commercial and authorized the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 12: Consider approval of the Health Services Contract with Dallas County for fiscal year 1988 and authorizing the Mayor to sign. Representative Bob Holman, Dallas County Health Department made the presentation to the Council. Following further discussion Councilman Morton moved to approve the Health Services Contract with Dallas County for fiscal year 1988 and authorized the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 13: Discussion and consideration of adoption of a Resolution stating the position of the City of Coppell regarding the Draft Record of Decision on the Regional Environmental Impact Statement of the Trinity River Corridor and authorizing the Mayor to sign. Councilman Mark Wolfe made the presentation to the Council. Following further discussion Councilman Wilkerson moved to approve Resolution 042688.2 stating the position of the City of Coppell regarding the Draft Record of Decision on the Regional Environmental Impact Statement of the Trinity River Corridor and authorized the Mayor to sign. Councilman PettiJohn seconded the motion; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 14: Discussion and consideration of approval of a resolution providing for the City of Coppell to commit to reimburse Lone Star Gas Company for the actual cost to relocate and remove Line W8 (10") for the purpose of alleviating conflicts with proposed capital improvements on the Beltline Road project and authorizing the Mayor to sign. Kevin Peiffer, representing City Engineer Wayne Ginn's office made the presentation and discussed this item with the Council. Following further discussion Councilman Morton moved to approve Resolution 042688.3 providing for the City of Coppell to commit to reimburse Lone Star Gas Company for the actual cost to relocate and remove Line W8 (10") for the purpose of alleviating conflicts with proposed capital improvements on the Beltline Road project and authorized the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn~ Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 15: Discussion and consideration of approval of a variance from Section 9-7-1A of the Code of Ordinances which concerns a metal canopy for an Exxon gasoline service station located at the corner of Sandy Lake and Denton Tap Roads. Mayor Duggan informed the Council that Item 15 has been withdrawn from the agenda at the request of the applicant. Item 16: Discussion and consideration of approval of a variance from the Standards of Specifications requiring liming of the High School parking lot located at 185 W. Parkway Boulevard. Director of Public Works Steve Goram and Chief Development Inspector Steve Morton were present to discuss and address the above stated item with the Council. Dr. David Stanfield representing Coppell I.S.D. and Gary Keep, Architect with SHWC, Inc. and Saad M. Haneidi, representing Maxim Engineers were also present to discuss this item. Mayor Duggan questioned Dr. Stanfield concerning Item No. 4 under Item 16 from the City Council agenda of November 8, 1987. Dr. Stanfield stated that the underbrush has been cleared out and 400+ trees had been moved (farmed out) to other school sites with the intent to move some of the trees back and to border the property (on the west) with trees. Mr. Gary Keep further stated that bulldozers have not gone within six (6) feet of the west school property line, but there were not many trees left in this six (6) foot strip. Mayor Duggan requested that when the landscaping for the school is done, as many of the "farmed" trees as possible be moved to the west side of the school property and for the school to be sensitive to the request of Dr. Gross whose property adjoins the west property of the school site. Following fnrther discussion, Councilman Wolfe moved to approve the variance from Standards of Specifications requiring liming of High School parking lot located at 155 W. Parkway Boulevard with the condition that Maxim Engineers provide a letter that the sandy soils will support the pavement surface and that lime treatment of the soil is not necessary. This letter will provide the Engineer's Seal as required by Mr. Steve Morton, Chief Development Inspector. Councilman Cowman seconded the motion; motion carried 4-2 with Councilmen Wilkerson, Smothermon, Cowman and Wolfe voting in favor of the motion and Councilmen PettiJohn and Morton voting against the motion. PUBLIC HEARING Item 17: Public hearing to consider amending the comprehensive zoning ordinance to include new (HC) Highway Commercial district classification. Date of Planning and Zoning Meeting - April 21, 1988 Decision of Planning and Zoning Commission - Approved (4-0) with noted changes, modifications and enhancements Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. Mayor Duggan opened the public hearing and asked for those persons who wished to speak against the proposed zoning. Mr. Robert Prather, representing Hattie Mae Lesley stated that he was not really in opposition or in favor of the proposed change but to wanted to register observation and notice has not been given to land owners. Mayor Duggan stated that proper notification was given through newspaper advertising and does not impact Mrs. Lesley's property because they have not requested a zoning change at this time. Mayor Duggan then asked for those persons who wished to speak in favor of the proposed change. There were none. The public hearing was then declared closed. No action was required on this item at this time. Item 17A: Consider approval of an ordinance to the City to provide zoning regulations for the proposed (HC) Highway Commercial District, which regulates high-intensity areas along major thoroughfares and authorizing the Mayor to sign. Planning and Zoning Coordinator Taryon Bowman was present to discuss this item with the Council. Following discussion Councilman Smothermon moved to approve Ordinance 297-A-43 providing zoning regulations for the proposed (HC) Highway Commercial District, which regulates high-intensity areas along major thoroughfares and '-~ authorized the Mayor to sign. Councilman Morton seconded; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 18: Public hearing to consider approval of a zoning change from (A) Agricultural to (LI) Light Industrial Case #ZC-510 located on the south side of Cotton Road (east) and approximately 250 feet from the centerline of Freeport Parkway at the request of Mr. C. E. Stewart. Date of Planning and Zoning Meeting - February 18, 1988 Decision of Planning and Zoning Commission - Approved (5-2) Tabled from City Council meeting - March 8, 1988 Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. Also present was the applicant Mr. C. E. Stewart. Mayor Duggan opened the public hearing and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak for the proposed zoning change. Again, there were none. The public hearing was then declared closed. This item had been tabled from the City Council meeting of April 12, 1988 and the public hearing left open at that time. Following further discussion Councilman Morton moved to approve the zoning change from (A) Agricultural to (HC) Highway Commercial Case #ZC-510 on property located on the south side of Cotton Road (east) and approximately 250 feet from the centerline of Freeport Parkway at the request of Mr. C.E. Stewart. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermou, Cowman and Wolfe voting in favor of the motion. Item 19: Public hearing to consider approval of a zoning change Case #ZC-512 from (A) Agricultural, (R) Retail, (MF) Multi-Family and (O) Office, to (LI) Light Industrial located north of Denton Creek and west of Denton Tap Road at the request of Magnolia Properties. Data of Planning and Zoning Meeting - March 17, 1988 Decision of Planning and Zoning Conm~ission - Approved (5-0) with conditions Tabled from City Council meeting - April 12, 1988 Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. James C, Niver, President of Magnolia Properties and Jonathan Smullian, Architect also addressed the Council on this item~ Mayor Duggan then declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. The public hearing was then declared closed. This item had been tabled from the City Council meeting of April 12, 1988 and the public hearing left open at that time. Following further discussion Councilman Smothermon moved to approve zoning change Case #ZC-512 from (A) Agricultural, (R) Retail, (MF) Multi-Family and (0) Office, to (LI) Light Industrial on property located north of Denton Creek and west of Denton Tap Road at the request of Magnolia Properties with the provision that approximately 300 foot of frontage, as indicated on preliminary plat, on Denton Tap and HW121 by-pass be (HC) Highway Co~ercial (which is attached for zoning purposes only). Councilman Morton seconded the motion; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. PLATTING '-~ Item 20: Consider approval of a preliminary plat for the Century Park Addition located west of Denton Tap Road and north of Denton Creek. Date of Planning and Zoning Meeting - March 17, 1988 Decision of Planning and Zoning Commission - Approved (5-0) Following discussion of this item Councilman Pattijohn moved to approve the preliminary plat for the Century Park Addition located west of Denton Tap Road and north of Denton Creek. Councilman Morton seconded the motion; motion carried 6-0 with Councilmen wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. OTHER BUSINESS Item 21: Discussion and determination whether an on-site management residential use is an accessory use to the primary use of a mini-warehouse. Planning and Zoning Coordinator Taryon Bowman made the presentation to the Council. Mr. Yarborough, representing The Worthing Companies, also made a presentation. Following further discussion it was tha consensus of the Council to limit this type of request to the current applicant only, as opposed to a broad over-all approval of the above stated type use. No action was taken by the Council on this item. Item 22: Discussion and consideration of approval of an ordinance amending the sign code in its entirety and authorizing the Mayor to sign. Chief Building Inspector Dale Jackson made the presentation to the Council. Ms. Flo Staley presented a petition supporting the changes made to the Sign Ordinance which is filed as a permanent part of the City records. Following further discussion Councilman Pettijohn moved to approve Ordinance 88-405 amending the sign code with a correction to Sec. 10-5-3 (C) changing i.~. to read e.~. and authorized the Mayor to sign. Councilman Morton seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 23: Discussion and consideration of approval of the Bylaws -'~ governing the Park Board. Mr. Edmund Reeve, Park Board Chairman was present to discuss the above stated item with the Council. Following further discussion Councilman Smothermon moved to approve the bylaws governing the Park Board. Councilman Morton seconded; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 24: Discussion and consideration of approval Change Order No. Two (2) in the amount of $46,687.60; No. Three (3) in the amount of $22,267.59; and No. Four (4) in the amount of ($111,922.04) for Beltline Road (N/S) Capital Improvements project and authorizing the Mayor to sign. Mr. Kevin Peiffer representing City Engineer Wayne Ginn's office was present to discuss the above stated item with the Council. Following further discussion Councilman Smothermon moved to approve Change Order No. Two (2) in the amount of $46,687.60; No. Three (3) in the amount of $22,267.59; and No. Four (4) in the amount of $111,922.04) for Beltline Road (N/S) Capital Improvements project and authorized the Mayor to sign. Councilman Wolfe seconded the motion; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 25: Discussion and consideration of awarding a contract for construction of the Denton Tap Road Improvements from Beltline Road to Sandy Lake Road and authorizing the Mayor to sign. Mr. John Karlsruher r~presenting City Engineer Wayne Ginn's office was present to discuss the above stated item with the Council. Following further discussion Councilman Cowman moved to award the contract, for construction of Denton Tap Road improvements from Beltline Road ~o Sandy Lake Road, to L.H. Lacy Company in the amount of $3,388,580.00 with decorative bridge rails and authorized the Mayor to sign. Councilman Wolfe seconded the motion; motion carried 4-2 with Councilmen Wilkerson, Smothermon, Cowman and Wolfe voting in favor of the motion and Councilmen Pettijohn and Morton voting against the motion. Item 26: Discussion and consideration of awarding a contract for construction of the Denton Tap Road Improvements from Sandy Lake Road to Denton Creek and authorizing the Mayor to sign. Mr. John Karlsruher representing City Engineer Wayne Ginn's office was present to discuss the above stated item with the Council. Following further discussion Councilman Cowman moved to award the contract, for construction of Denton Tap Road improvements from Sandy Lake Road to Denton Creek, to L.H. Lacy Company in the amount of $1,803,363.03 with decorative bridge rails and authorized the Mayor to sign. Councilman Wilkerson seconded the motion; motion carried 4-2 with Councilmen Wilkerson, Smothermon, Cowman and Wolfe voting in favor of the motion and Councilmen Pettijohn and Morton voting against the motion. Item 27: Discussion and consideration of an agreement with St. Louis Southwestern Railway Company to provide the City of Coppell with a license to cross the railroad property to serve Creekview Estates with: A. an 8" waterline B. an 8" sanitary sewer A. City Attorney Lawrence Jackson made the presentation to the Council on the above stated item 27A. Following further discussion Councilman Smothermon moved to approve the agreement with St. Louis Southwestern Railway Company to provide the City of Coppell with a license to cross the railroad property to serve Creekview Estates with an 8" waterline. Councilman Cowman seconded; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. B. City Attorney Lawrence Jackson made the presentation to the Council on the above stated item 27B. Following further discussion Councilman Smothermon moved to approve the agreement with St. Louis Southwestern Railway Company to provide the City of Coppell with a license to cross the railroad property to serve Creekview Estates with an 8" sanitary sewer. Councilman Cowman seconded; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. CONSENT AGENDA Item 28A: Discussion and reco~nendation for rejection of Bid #0011, Traffic Sign and Signalization Materials Contract. 28B: Consider approval of charges to the City Council budget in the amount of $34.50. Councilman Morton moved to approve consent agenda, Items 28A and 28B as submitted. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. EXECUTIVE SESSION (Closed to the public) Item 29A: Article 6252-17, Senate Concurrent Resolution Number 83. I. Discussion with City Attorney concerning matter involving privileged communications between attorney and client. 29B: Article 6252-17, Section 2 (e) discussion with City Attorney. 1. Discussion concerning possible litigation and/or pending litigation: a. Texas Utilities vs. City of Coppell. b. Legal discussion regarding pending lawsuits and boundary case. c. Discussion concerning Municipal Utility District 29C: Article 6252-17, Section 2 (f) discussion concerning the purchase, exchange, lease or value of real property. 1. Discussion of acquisition of right-of-way with Minyards. 29D: Article 6252-17, Section 2 (g) discussion concerning personnel. 1. Discussion concerning Park Board Appointments Mayor Duggan declared the public session closed on Tuesday, April 26, 1988 for an Executive Session as allowed under the above recited articles. The Council convened into Executive Session at 12:02 a.m. (April 27, 1988). Mayor Duggan adjourned the Executive Session at 12:46 a.m. on Wednesday, April 27, 1988. OPEN SESSION (Open to the public) Item 30: Discussion and consideration of approval of a settlement agreement with TU Electric and authorizing the Mayor to sign. City Attorney Lawrence Jackson made the presentation to the Council on the above stated item. Following discussion Councilman Morton moved to approve a settlement agreement with TU Electric and authorized the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 31: Consider and approve appointment of two (2) applicants to the Park Board to fill one (I) vacancy that will expire in October 1988 and the second (2nd) vacancy that will expire in October 1989. Steve Goram, Director of Public Works and Richard Diano, Park Foreman, made the presentation to the Council on the above stated item. Also present was Park Board Chairman Edmund Reeve. Following discussion on this item Councilman Wilkerson moved to approve the appointment of Michael Cogburn to the Park Board whose term will expire in October, 1989 and Michael Cooper, whose term will expire in October 1988. Councilman Morton seconded the motion; motion carried 6-0 with Councilmen Wilkerson, PettiJohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 32: Discussion and consideration of approval of a Boundary Settlement Agreement with the City of Lewtsville and authorizing the Mayor and City Manager to execute. Councilman Morton moved to approve the Boundary Settlement Agreement with the City of Lewisville and authorized the Mayor and City Manager to sign. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. There being no further business to discuss the meeting was adjourned. ATTEST: Dorothy Ti~ns,~ty Secretary MINUTES 042688 0288M