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CM 1990-03-27 Minutes of March 27, 1990 The City Council of the City of Coppell met in regular called session at 6:15 p.m. for executive session and 7:00 p.m. for open session on Tuesday, March 27, 1990 in the Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Mark Wolfe, Mayor Dean Wilkerson, Mayor Pro Tem David Thomas, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman (Late Arrival) Ron Robertson, Councilman John A. Nelson, Councilman Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City Attorney Larry Jackson. EXECUTIVE SESSION (Closed to the Public) Mayor Wolfe called the meeting to order and adjourned into Executive Session. ES-1 A. Article 6252-17, Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Coppell/Grapevine boundary dispute 2. Pending litigation B. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Status report on library site acquisition 2. Discussion of acquiring right-of-way on Denton Tap C. Article 6252-17, Section 2 (g), discussion concerning personnel 1. Discussion of City Managers performance evaluation and compensation Council convened into Executive Session at 6:20 p.m. on Tuesday, March 27, 1990, as allowed and recited under the above stated article. Mayor Wolfe adjourned the Executive Session at 6:49 p.m. on Tuesday, March 27, 1990 and opened the public session. Councilman Cowman arrived during the Executive Session. ~ (Open to the public) Mayor Wolfe and Student Mayor Mike Hutney called the meeting to order. Student Mayor Hutney then welcomed citizens, parents, and teachers to the meeting. Mayor Wolfe introduced the student council and staff representatives and gave a brief statement on each of their goals for the future. Those students and their Council counterparts were as follows: Mike Hutney, Mayor (Mark Wolfe) Eric Lance, Mayor Pro Tem (Dean Wilkerson) Kelley Whitis, Council member (David Thomas) Sujata Raju, Council member (Tom Morton) Brenda Priebe, Council member (Bill Smothermon) Scott Southerland, Council member (Jim Cowman) David Corn, Council member (Ron Robertson) Sue Lauv, Council member (John Nelson) Vic Vannatta, City Manager (Alan D. Ratliff) Mayor Hutney (Wolfe) called the meeting to order and asked everyone to stand while student City Manager Vic Vannatta (Ratliff) gave the invocation. Following the invocation, Mayor Hutney (Wolfe) led those present in the Pledge of Allegiance. Page 1 Of 9 600051 Item 3. Presentation and recognition of the city's Election Officials Ms. Jeanne Heath, Election Judge, and Ms. Marceline Hempel, Alternate Election Judge. Mayor Hutney (Wolfe) asked that Ms. Jeanne Heath and Ms. Marceline Hempel come forward and recognized them for service as election officials for the City. Ms. Heath has served as Election Judge during the previous year and conducted three elections. Ms. Hempel has served as Alternate Election Judge for the past nine years and has assisted in conducting 14 elections during that time period. Mayor Wolfe presented a certificate to Ms. Heath and a plaque to Ms. Hempel in recognition and appreciation for their service. Item 4. Consideration of Approval of Minutes: March 27, 1990 Councilman Lauv (Nelson) moved that the Minutes be approved as submitted. Councilman Raju (Morton) seconded the motion, motion carried 7-0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Item 5. Mayor's Report Mayor Hutney (Wolfe) reported on the following items: A. Concerning the ongoing discussions with the Dallas/Fort Worth Airport and the proposed runways, Mayor Hutney (Wolfe) stated that the new plans for planes to reach the outer limit markers prior to turning seems to be working for Coppell. Additionally, The Environmental Impact Study (EIS) is scheduled to be released next month. B. citizens present were advised that the public hearings for the road assessments are the last item on the agenda and were informed that those persons present, who wish to speak during the hearing, would need to sign the information sheet at the entrance to the council chambers. C. Mayor Hutney (Wolfe) requested that Staff check into a sight problem and possible signal installations at the Denton Tap and Meadow Creek intersection. D. Mayor Pro Tem Lance (Wilkerson) requested a status report on the Texas Utility rate increase request and if the City has presented any information to the Public Utility Commission (PUC). City Attorney Larry Jackson informed the citizens and student representatives present that the City recently approved a resolution suspending the rate increase request and that the City did opt not to join with other City's in presenting information to the PUC. Item 6. Citizens Appearances Mayor Hutney (Wolfe) recognized the following citizens: A. Rick Mann of 921 Sugarberry was recognized and stated to the Council that he would like for those police and fire personnel who worked the recent Mayfield accident to be commended for their efforts in saving the lives of the two youth involved. Mr. Mann specifically sited Patrolman Dave Parker and Fireman Mark Dobecka. B. Marceline Hempel of 563 Arbor Brook stated she would like to see the City check into a signal light at the intersection of Meadow Creek and Denton Tap due to problems turning on to Denton Tap from Meadow Creek. C. Mr. Johnny Thompson was recognized and questioned if the Council was aware that they had recently annexed property that he felt was located in Carrollton. Page 2 of 9 000052 Item 7. City Council Liaison Reports A. ARCHITECTURAL REVIEW COMMITTEE - There was no report at this time. B. CHAMBER OF COMMERCE - There was no report at this time. C. COPPELL HISTORIC DISTRICT - There was no report at this time. D. DALLAS CENTRAL APPRAISAL DISTRICT - There was no report at this time. E. FINANCE COMMITTEE - Councilman Priebe (Smothermon) reminded the Council that on May 1, 1990, the Finance Committee will have a meeting concerning mid-year budget and on May 15, 1990 the mid-year budget meeting is scheduled. F. LIBRARY BOARD - There was no report at this time. G. MUD ABSORPTION COMMITTEE - There was no report at this time. H. NCTCOG - There was no report at this time. I. PARK BOARD - Councilman Whitis (Thomas) informed Council that a special Park Board meeting had been held on the open space program. J. SCHOOL BOARD - There was no report at this time. K. TRANSPORTATION STUDY COMMITTEE - There was no report at this time. Item 8. Consider approval of a Resolution declaring March 27, 1990 as "Students in Government Day" in the City of Coppell and authorizing the Mayor to sign. Mayor Hutney (Wolfe) recognized Mayor Pro Tem Lance (Wilkerson) who read the proposed resolution into the minutes. Following discussion on this item, Councilman Raju (Morton) moved that Resolution 032790.1 be approved and the Mayor be authorized to sign. Councilman Priebe (Smothermon) seconded the motion; motion carried 7-0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Co~nnan), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Mayor Hutney (Wolfe) then asked Mrs. Betty Mehling to come forward and be recognized as the Government and Economics teacher for the Coppell High School honors class and presented Ms. Mehling with an official signed copy of the approved resolution. Item 9. Presentation of Appreciation Plaques for members of the 1990 Bond Steering Committee. Mayor Hutney (Wolfe) requested that the Chairman of the recent Bond Committee and subcommittees, that were present, come forward to be recognized and presented with certificates of appreciation for their time, efforts and approach that was taken in the bond election held earlier in the year. Mayor Hutney (Wolfe) stated to the Council and citizens present that the approach that was taken by the subcommittees resulted in an excellent voter turn out. The priority of the items in the bond program will be reviewed during the mid-year budget on May 15, 1990. Those members and their respective subcommittees recognized were as follows: Mr. Lee Cary, Chair Natural Drainage Subcommittee Mr. Ed. Reeve, Chair Park Development Subcommittee Mr. Dennis Kellam, Chair Recreational Facilities Subcommittee Mrs. Flo McFadden Stably,Chair Municipal Facilities Subcommittee Mr. Keith Roberson, Chair Police & Fire Equipment Subcommittee Mrs. Beverly Eyberg, Chair Natural Drainage Subcommittee Mr. Gary Selvy, Chair Cultural & Historic Subcommittee Mrs. Harca Hiller, Chair Streets Subcommittee Mr. John Hill, Chair Library Subcommittee Page 3 of 9 000053 Item 10. Discussion and consideration of approving an ordinance repealing Ordinance No. 89.459 and exempting certain property and goods in transit under Section 11.251, Texas Property Tax Code, and Article VIII, Section l-j, Texas Constitution. Mr. Lee Richardson, Chairman of the Economic and Development Board made the presentation to the Council. Mr. Richardson indicated that the Board had met in a special called meeting the previous Wednesday and heard presentations and testimony from Dr. Harold Gross, who is with the Center for Economic Development at the University of North Texas, as well as from several interested parties. Dr. Gross recommended against granting this exemption as well as most tax abatements and stated that it was his feeling that Coppell, because of its location, will develop regardless of tax abatement or exemptions or goods in traffic. Representatives of various industrial properties in Coppell were present and urged the Council to adopt the exemption and sited that it would spur the development of their properties. Following discussion on this item, it was the recommendation of the Economic and Development Board by a three to one vote that the Council exempt goods in transit. Mr. Richardson also indicated that Tarrant County, as well as the cities of Carrollton and Farmer's Branch do not, at this time, exempt properties and goods under this legislation. Discussion was then held by Council and the various student representatives concerning their feelings as to Council's action on this item. City Manager Vannatta (Ratliff) informed the Council that the City has received advice stating that the City does not have to take action by April 1, 1990 in order for the exemption to occur on January 1, 1991. Council did reject this exemption in December of 1989, but are now being given the option to authorize the exemption now and in the future. Following further discussion on this item, Councilman Priebe (Smothermon) moved to approve the proposed ordinance. Councilman Lauv (Nelson) seconded the motion, which was withdrawn after further deliberation. Councilman Lauv (Nelson) then moved that this item be tabled to the June 26, 1990 City Council meeting for further consideration by the Council. Councilman Raju (Morton) seconded the motion; motion carried 7-0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Item 11. Discussion and consideration of a request to waive the water bills for the Bethel Cemetery property. Deputy City Manager/Finance Director Frank Trando made the presentation to the Council. Mr. Trando indicated that he had met with the Historical Bethel Cemetery Association to discuss this item. Following the meeting, it was the consensus of the Bethel Cemetery Association that option number 3, which provides for an item in the annual Mayor and Council operating budget sufficient to cover the water bill for Bethel Cemetery, would be their choice for Council action. Option 2, which would have the City Council individually assisting in raising sufficient funds that cover the water bills for the cemetery, under their nonprofit status, is the recommendation from Staff. Mr. Wheelice Wilson, Mrs. Mary Evelyn Mobley and Mrs. Lynn Barnette, members of the Historical Bethel Cemetery Association, were also present and discussed this item with the Council. Mr. Wilson stated that it is the feeling of the Association that the Bethel Cemetery is a community project, and they do not feel they can get donations to cover the cost of the water. Following discussion on this item, Councilman Lauv (Nelson) moved that Option number 3, to include an item in the annual Mayor and Council operating budget, of an amount up to $300.00 be approved. Councilman Raju (Morton) seconded the motion; motion carried 4-3 with Mayor Pro Tem Lance (Wilkerson), Councilman Raju (Morton), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion, and Councilman Whitis (Thomas), Priebe (Smothermon), and Southerland (Cowman) voting against the motion. Page 4 of 9 0O0054 Item 12. Consideration for awarding of bid for purchase of P.C. printers in the amount of $2,288.27 to Seabrook Computers of Dallas and Entre Computer Center of Dallas. Purchasing Agent Jim Ragsdill made the presentation to the Council. Following the bid process and opening of the bids, it is the recom]~endation of Staff that bids be awarded to Seabrook Computers and Entre Computer Center in the amounts of $716.60 and $1,572.27 respectively. Following discussion on this item, Councilman Whitis (Thomas) moved that the bid be awarded as recommended by the Purchasing Agent. Councilman Southerland (Cowman) seconded the motion; motion carried 7-0 with Mayor Pro Tem Lance (wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Item 13. Consideration for awarding bid for supply of uniforms in the amount of $27,291.26 to C&G Police Supply Garland, Texas. Purchasing Agent Jim Ragsdill also made this presentation to the Council. Mr. Ragsdill indicated that the uniforms would be purchased as required. This item does include uniforms for Fire, Police, and Public Works Departments. The bid contract will be for a one year time period and would guarantee the unit price for that time frame as quoted. Amounts budgeted during the current fiscal year would not be exceeded for the purchase of the uniforms in the respective departments. Following discussion on this item, Councilman Priebe (Smothermon) moved that the bid be awarded to C&G Police Supply Company in the amount of $27,291.26 as recommended. Councilman Whitis (Thomas) seconded the motion; motion carried 6-1 with Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion, and Mayor Pro Tem Lance (wilkerson) voting against the motion. Item 14. Consideration for awarding a bid for purchase of median maintenance in the amount of $35,257.00. Purchasing Agent Jim Ragsdill presented this item to the Council. Also present to discuss this item was Richard Diano, Park Superintendent. It was noted to the Council that contingency funds were recommended for removal from the final bid amount of $35,257.00 leaving a combined total for the bids of $32,684.98. It is the recommendation of Staff that bids be awarded to Maintenance Unique of Lake Dallas for $1,672.18, to Carruthers Landscapes of Dallas for $22,828.00 and to BMC Landscapes of Dallas for $6,156.80. Following discussion on this item, Council Lauv (Nelson) moved that the bids be approved as recommended in the amount of $32,684.98 with contingency funds being taken out. Mayor Pro Tem Lance (Wilkerson) seconded the motion; motion carried 7-0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Item 15. Consideration and approval of a resolution establishing the date of May 8, 1990 as the date for Public Hearing on Land Use Assumptions relating to possible adoption of Impact Fees. Deputy City Manager/Finance Director Frank Trando made the presentation to the Council on this item. Approval of this resolution will set a date of May 8, 1990 as the first of two public hearings to develop the impact fee ordinance. This public hearing is to consider the land use assumptions provided by the Capital Improvements Advisory Committee. These assumptions will be used in completing the capital improvements plan, in developing a service unit and in developing the formulas and fee schedules. The second public hearing will complete the impact fee development process precluding the possible adoption of impact fees. Following discussion on this item, Councilman Raju (Morton) moved that Page 5 of 9 Resolution 032790.2 be approved and Mayor authorized to sign. Councilman Whitis (Thomas) seconded the motion; motion carried 7- 0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Item 16. Consideration and approval of Financial Advisory Agreement by and between the City of Coppell, Texas and First Southwest Company, the time period beginning with the date of acceptance. The agreement is open ended with a clause that the agreement may be terminated without cause by either party upon (30) days of written notice. Discussion was held by the Council on this item concerning tabling a final decision until the City can contact other financial advisors. Deputy city Manager/Finance Director Frank Trando presented this item to the Council. Mr. Trando indicated that Staff has met with other financial advisors and First Southwest, and are recommending that the City stay with First Southwest. Mr. London of First Southwest was present to discuss this item with Council. Mr. London indicated that their firm has been financial advisors for the City for several years and feel that their record speaks for itself as well as their firm having the interest of the clients in mind at all times. Discussion was held by the Council concerning the need to withdraw this item or table it to another meeting for further consideration. Mr. Roger Carlile was recognized from the audience and indicated that his opinion was that the City should go out for bids prior to selecting a financial advisor. Following further discussion, Council Raju (Morton) moved that a financial advisory agreement with First Southwest Company be approved. Councilman Southerland (Cowman) seconded the motion; motion carried 6-1 with Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion, and Mayor Pro Tem Lance (Wilkerson) voting against the motion. Item 17. A Remove form the table consideration of calling special meeting and work session to receive and discuss the "Anderson Drainage Master Plan" - Kimley-Horn and Associates, Inc. Councilman Raju (Morton) moved that this item be removed from the table. Councilman Lauv (Nelson) seconded the motion; motion carried 7-0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. B. Consideration of calling special meeting and work session to receive and discuss the "Anderson Drainage Master Plan" - Kimley-Horn and Associates, Inc. Following discussion, Councilman Lauv (Nelson) moved that a special Council meeting be set for Monday, April 23, 1990 at 7:00 p.m. in City Hall for a work session to receive and discuss the "Anderson Drainage Master Plan" with Kimley-Horn and Associates, Inc. Councilman Whitis (Thomas) seconded the motion; motion carried 7- 0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Item 18. A. Remove from the table scheduling and calling a Joint City Council/C.I.S.D. Meeting. Councilman Raju (Morton) moved that this item be removed from the table for Council consideration. Councilman Whitis (Thomas) seconded the motion; motion carried 7-0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Page 6 of 9 O0O056 B. Scheduling and calling a Joint Meeting of the School Board and City Council. Following discussion on this item, Mayor Pro Tem Lance (wilkerson) moved that a joint meeting with the School Board be set for Monday, May 7, 1990. Councilman Whitis (Thomas) seconded the motion; motion carried 7-0 with Mayor Pro Tem Lance (Wilkerson), Council members Whitis (Thomas), Raju (Morton), Priebe (Smothermon), Southerland (Cowman), Corn (Robertson), and Lauv (Nelson) voting in favor of the motion. Mayor Wolfe presented certificates of appreciation to the student representatives and thanked them for their participation in this program. Following a brief recess, Council adjourned back into open session to consider Item 19. Councilman Cowman left the meeting during the recess for an out of town business trip. Item 19. Consideration of authorizing the city Manager to negotiate a professional services contract with Albert H. Halff, Associates, Inc. for the development of a City- Wide Floodplain Management Plan and Local Drainage Solution Study for an amount not to exceed $93,000.00, and authorizing the mayor to sign. Mr. Walter Skipwith and Mr. Dean Hanson, with Albert H. Halff and Associates, Inc. was present to present and discuss this item with the Council. Several changes to the proposed contract were discussed and concerns expressed by the Council on the Contractors ability to meet the time frames as specified. Following discussion on this item, Mayor Pro Tem Wilkerson moved that the City Manager be authorized to negotiate a professional services contract with Albert H. Halff, Associates, Inc. for the development of the City wide floodplain management plan and local drainage study in an amount not to exceed $93,000.00. Mayor Pro Tem Wilkerson further moved that negotiation of this contract be carried out in conjunction with Councilman Morton and Robertson to work out Staff concerns and such other changes as may be necessary, and that the Mayor be authorized to sign. Councilman Thomas seconded the motion; motion carried 4-2 with Mayor Pro Tem Wilkerson, Councilman Thomas, Robertson and Nelson voting in favor of the motion, and Councilman Morton and Smothermon voting against the motion. Item 20. Public Hearing to provide a hearing for the real and true owners of property abutting the following listed street assessment projects, and other interested person, concerning the amount to be assessed against each abutting property and owner thereof and the benefits to the property by reason of the improvements. A. Denton Tap Road from Beltline Road to Sandy Lake Road B. Denton Tap Road from Sandy Lake Road to Denton Creek. A complete copy of these hearings are included in a tape recording filed as a permanent part of the City records for a period of three years, or as long as considered administratively valuable, as set out in City of Coppell procedures Ordinance #87377. Mayor Wolfe indicated to Council and persons present the purpose of the hearing and the format which would be followed for the hearing. Mayor Wolfe then asked those persons who were present to give testimony in this matter to stand and raise their right hand to receive the oath. Those persons who were present to testify stood while the oath was administered and answered in the affirmative that they did swear or affirm that the testimony presented shall be the truth and the whole truth. The public hearing was then declared open and turned over to City Attorney, Lawrence W. Jackson, who conducted this portion of the hearing. Page 7 of 9 000057 Mr. Jackson gave his testimony on that POrtion of Denton Tap Road from Beltline Road to Sandy Lake Road and called upon Mr. John Karlsruher of Ginn, Inc., Mr. James W. Cullar, Jr. of Evaluation Associates and Mr. Frank Trando, Deputy city Manager/Finance Director for the City of Coppell for presentation of their testimony. Mayor Wolfe further stated that testimony would be received from persons on behalf of the city, as well as on behalf as all persons owning or claiming property or interest in any property abutting Denton Tap Road from Sandy Lake Road to Denton Creek. The two segments from Denton Tap Road are separate assessment projects. City Exhibits Al, Bi and Cl were received through the City consultants and are filed as a permanent part of City records under this assessment hearing. Each property owner or persons representing interest in a tract of property who were present to discuss this item with the Council, were recognized and provided an opportunity to present their testimony. Those property owners or their representatives speaking were Mr. Dan Donovan, Mr. Robert Glinnley, Mr. Ralph Belknap, Mr. Bob Martin representing Tracts 15 and 17, more commonly called the Belknap Properties, who presented as part of their testimony Belknap Exhibits 1, 2 and 3. These Exhibits are also filed as a permanent part of City records under the assessment files for Denton Tap Road from Beltline Road to Sandy Lake Road. Mr. Ron Van Ness representing Tracts 6 and 11, Mr. J.C. Thweat representing Tract 43, Mr. Glen Hinckley representing Tracts 20 and 22 and Mr. Joe Bob Fikes representing Tract 3 also presented testimony. Following the presentation of all testimony into the record, Mayor Wolfe closed the public hearings on that portion of Denton Tap Road from Beltline Road to Sandy Lake Road. Mayor Wolfe then opened the public hearings for that portion of Denton Tap Road from Sandy Lake Road to Denton Creek. city Exhibits A2, B2, C2 and D1 were received through the city consultants and are filed as a permanent part of City records under this assessment hearing. Each property owner or persons representing interest in a tract of property who were present to discuss this item with the Council were recognized and provided an opportunity to present their testimony. Those property owners presenting testimony were Mr. Glen Hinckley representing Tract 31. Following the presentation of all testimony into the record, Mayor Wolfe closed the public hearings on that portion of Denton Tap Road from Sandy Lake Road to Denton Creek. Following deliberation by the Council, Councilman Smothermon moved, that concerning the properties abutting Denton Tap Road from Beltline Road to Sandy Lake Road, the net assessments contained in City's Exhibit "C-i" be made against the parcels and the owners thereof set forth on said exhibit and that the City Council of the city of Coppell find that amount of these net assessments against each parcel and the owners thereof does not exceed the special benefits in enhanced value by means of the improvements in this project, provided, however, the Assessment Ordinance shall not levy the assessment against those properties where the assessment has been paid in advance, where levy of the assessment is prohibited by law, prior contract, or existing City policy. Councilman Robertson seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson, Councilman Thomas, Morton, Smothermon, Robertson and Nelson voting in favor of the motion. Councilman Smothermon then made the following motion as to the properties abutting Denton Tap Road from Sandy Lake Road to Denton Creek. Councilman Smothermon moved that the net assessments contained in City's Exhibit "C-2" be made against the parcels and the owners thereof set forth on said exhibit and that the City Council of the city of Coppell find that amount of these net assessments against each parcel and the owners thereof does not exceed the special benefits in enhanced value by means of the improvements in this project; provided, however, the Assessment Ordinance shall not levy the assessment against those properties where the assessment has been paid in advance, where levy of assessment is prohibited by law, prior contract, or existing Page 8 of 9 0OO058 policy. Councilman Robertson seconded this motion; motion carried 6-0 with Mayor Pro Tem Wilkerson, Councilman Thomas, Morton, Smothermon, Robertson and Nelson voting in favor of the motion. Mayor Wolfe then directed the City Attorney to prepare the required ordinances to bring forward for Council consideration. EXECUTIVE SESSION (Closed to the Public) ES-1 A. Article 6252-17, Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Coppell/Grapevine boundary dispute 2. Pending litigation B. Article 6252-17, Section 2 (f), discussion with respect to the purchase, exchange, lease of real property and City liability 1. Status report on library site acquisition 2. Discussion of acquiring right-of-way on Denton Tap C. Article 6252-17, Section 2 (g), discussion concerning personnel 1. Discussion of City Managers performance evaluation and compensation Council convened in Executive Session at 12:22 a.m. on Wednesday March 28, 1990 as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 1:30 a.m. ON (Open to the Public) There being no further business to come before the Council, the meeting was then adjourned. Mark Wolfe Mayor ATTEST: Dorothy Timmons City Secretary Page 9 of 9 060059