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CM 1990-10-23 Minutes of October 23, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, October 23, 1990 at 7~00 p.m. for Open Session in the Council Chamber of Town Center 255 Parkway Boulevard, ~ Coppe11, Texas. The following members were present: Mark Wolfe, Mayor Bill Smothermon, Mayor Pro Tem Peyton Weaver, Councilman David Thomas, Councilman Tom Morton, Councilman Jim Cowman, Councilman Ron Robertson, Councilman John A. Nelson, Councilman Also present were City Manager Alan D. Ratliff, City Secretary Dorothy Timmons and City Attorney Lawrence W. Jackson. ~ (Open to the Public) Item 1 Call to order. Mayor Kilgo (Wolfe) called the meeting to order. Item 2 Invocation Mayor E van Kilgo (Wolfe) asked those present to stand while Council ~.~ Member Michele Ovalle (Morton) gave the invocation. Item 3 Pledge of Allegiance The Pledge of Allegiance was led by Boy Scout Troop 840. Mayor Mark Wolfe and Student Mayor Evan Kilgo then welcomed citizens, parents and teachers to the meeting. Mayor Wolfe introduced Boy Scout Troop 840, who led the Pledge of Allegiance. He then introduced the Student Council who were representing the Mayor, City Manager and City Council and gave a brief statement on each student. Those students and their Council counterparts were as follows: Evan Kilgo, Mayor (Mark Wolfe) Jonathan Banks, Mayor Pro Tem (Bill Smothermon) Paige Phillips, Council Member (Peyton Weaver) Derek Merritt, Councll Member (David Thomas) Michele Ovalle, Council Member (Tom Morton) Hang Twong Lauv, Council Member (Jim Cowman) David Wolf, Council Member (Ron Robertson) Laura Miller, Council Member (John A. Nelson) Richard Cox, City Manager (Alan D. Ratliff) Item 4 Consider approval of minutes - September 18, 1990 ~-~ Octobe= 9, !990 ~: Council Member Miller (Nelson) moved that the minutes be approved aa submitted. Council Me~ber Wolf (Robertson) aecondedthe motion. The ~otion carried 7-0 with Mayor Pro Te~ Banks (Smother~on), Council Members Phillips (Weaver), Kerritt (Thomas), Ovalle (Morton), Lauv (Cowman), Wolf (Robertson) and Miller (Nelson) voting in favor of the motion. Item 5 Special Mayor's report The following items were reported under the Mayores special report: A) Mayor Kilgo (Wolfe) gave a report detailing how the Student Council members were elected to serve for the Student City Council session. B) Mayor Kilgo (Wolfe) reminded those present to cast their vote in the School Bond Election Saturday, October 27, 1990. C) Mayor Kilgo (Wolfe) informed those present that the Coppell Chamber of Commerce will have a ribbon cutting ceremony at the new Tom Thumb store on MacArthur and Beltline in Coppell on Monday, October 29, 1990 at 8:00 p.m. D) The Shop Coppell First campaign has begun again. Regina Johnson is in charge of the program. There will be a parade and auction to conclude the program on December 2, 1990. E) Council Member Miller (Nelson) reported that the Coppell Community Theater is having an annual fund raiser in the form of a Haunted House on October 26, 27, 28, 30 and 31 during the hours of 8:30 p.m. to 12:00 p.m. Admission price will be $5 and the location will be 509 Bethel Road. F) Council Member Miller (Nelson) gave those present a report on the Exchange Club Golf Tournament, which was a success in raising money for abused children. G) City Manager Cox (Ratliff) related the details of the Three-On-Three day long street basketball tournament held Saturday, October 3, 1990. He recognized one of the division three champions, Chad Beach, an employee of the City of Coppell in the Tax Department who organized a team which won five matches, no losses. Mr. Beach was asked to come forward to show the trophy he had been awarded. H) City Manager Cox (Ratliff) asked who would be participating in the inter-city Volley Ball Tournament. Several of the staff have volunteered to play in the tournament. Those Council members who will be participating in the up-coming tournament include Councilmen Nelson, Robertson and Mayor Wolfe. I) City Manager Cox (Ratliff) asked for assistance in developing a Data Processing Committee to assist in developing a City-Wide computer program. A news release which had been prepared asking citizens for their input in this project was read by Student City Manager Richard Cox. J) Council Member Phillips (Weaver) reminded all presentthat the Coppell Humane Society will be sponsoring a party Saturday, October 27, 1990 from 7 p.m. to 12:00 p.m. at the DFWHilton Hotel. Proceeds will go for building an animal shelter for the City of Coppe11. Item 6 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) COPPELLHISTORIC DISTRICT Council Member Derek Merritt (Thomas) reported on a meeting of this committee which had finalized the group's position on upcoming Agenda Item 20. D) ECONOMIC AND BUSINESS DEVELOPMENT BOARD There was no report at this time. E) DACD There was no report at this time. F) FINANCE COMMITTEE Mayor Pro Tem Banks (Smothermon) are to meet with the City Manager and Staff to review the budget for legal expenses. G) LIBRARY BOARD There was no report at this time. H) METROCREST RED RIBBON COMMITTEE Council Member Hang Twong Lauv (Cowman) reported that Wednesday, October 24, 1990, is Red Ribbon Day. I) MUD ABSORPTION COMMITTEE There was no report at this time. J) NCTCOG There was no report at this time. K) PARK BOARD Council Member Derek Merritt (Thomas) wished to call attention to the status of the concession stand at Andrew Brown Park, which is now completed at a cost substantially below estimated cost. The committee requested input from the Staff as to the use of remaining funds. L) RECYCLING COMMITTEE There was no report at this time. M) SCHOOL BOARD There was no report at this time. N) DRAINAGE COMMITTEE Council Member Phillips (Weaver) reported that there will be a meeting Thursday, October 24, 1990 at City Hall for citizens to have the opportunity to meet with Engineers for the purpose of discussing the City-Wide Drainage study. O) PLANNING AND ZONING STUDY COMMITTEE Item 7 Citizens Appearances Mayor Kilgo (Wolfe) recognized the following citizens: A) Justin Peterson of 2067 Sienna Trail, Lewtsville 75067 addressed the current status of the airport expansion as regards to the impact it will have on the citizens of Coppell. B) Stuart Hill, 126 Winding Hollow, Coppell, stated his concern about satellite dishes not being allowed in Raintree Circle. C) A~n Adams of 558 Shadowcrest, Coppell, asked that the City Council consider installing speed bumps on Shadowcrest. D) Laramie Ringlesby of 553 Lake Forest Drive, Coppell, spoke for the 5th grade class and asked what steps have been taken to build a public pool in Coppell. E) Michele Gross of 500 Briarwood Court, Coppell, asked if there was an ordinance requiring new housing developments to have trees included in the landscaping. F) Leah Brown of 201 Mockingbird, Coppell, asked if awards were given out by the City to good drivers, especially in school zones. G) Bryan Augustine of 330 Woodhurst Drive, Coppe11, asked if there was a traffic law which would reward good driving. Mayor Wolfe stated at this time that responses will be given by mail to the above voiced concerns. Item 8 Consider approval of a Resolution declaring October 23, 1990 as "Students in Government Day" in the City of Coppell and authorizing the Mayor to sign. Following discussion, Council Member Wolf (Robertson) moved that a resolution adopting October 23, 1990 as "Students in Government Day" be approved. Mayor Pro Tem Banks (Smothermon) seconded the motion. The motion carried 7-0 with Mayor Pro Tem Banks (Smothermon) and Council Members Phillips (Weaver), Merritt (Thomas), Ovalle (Morton), Lauv (Cow, an), Wolf (Robertson) and Miller (Nelson) voting in favor of the motion. Item 9 Presentation of Certificates of Appreciation to former Board and Commission members of the City of Coppell. Mayor Kilgo (Wolfe) recognized Board and Commission members who served previously on one of the City Boards or Commissions. He asked that Dean Hood, Code Advisory and Appeal Board; Regina Johnson, Economic and Business Development Board; David Greet, Economic and Business Development Board; Joy Quirk, Library Board and Ed Reeve (his son Mark Reeve accepted for him), Park Board come forward to be presented with Certificates of Appreciation in recognition of outstanding service. Those who could not be present for this certificate include: Lee Ann McLaughlin, American Red Cross Representative; Marry Walsh, Board of Adjustments and Gary Selvy, Board of Adjustments. No further action was required on this item. Item 10 Preeentatton of Plaques of Appreciation to former Coppell Business Association Members. Mayor Kilgo (Wolfe) recognized the past members of the Coppell Business Association Members. On presenting them with these plaques, he thanked them for their service to the City of Coppell and the business community. Former members who were presented with the Plaques of Appreciation include: Lynn Brock, Dr. Bill Stearman, Jay Turner, Nita Weger and Regina Johnson. No further action was required on this item. Item 11 Presentation and discussion of plans for an after-the prom party - Dr. and Mrs. Melvin Gross. Mrs. Betty Gross of 152 Cottonwood, Coppell, came forward to speak for a group of concerned parents concerning an after-the-prom party for students of the junior and senior class. These citizens wanted to make the City aware of their endeavors to provide the students with safe, alcohol-free recreation. Their hope is to involve the entire community and the students. A copy of a letter which will be distributed to citizens was handed out to the Council. No further action was required on this item. Item 12 Adoption of resolution to establish a curbside pilot recycling program in two target neighborhoods within the City of Coppell and presentation of a status report. Following discussion of this item, Mayor Pro Tem Banks (Smothermon) moved that a Resolution establishing a curbside pilot recycling program in two target neighborhoods be adopted. Council Member Merritt (Thomas) seconded the motion. The motion carried 7-0 with Mayor Pro Tem Banks (Smothermon) and Council Members Phillips (Weaver), Merritt (Thomas), Ovalle (Morton), Lauv (Covnaan), Wolf (Robertson) and Miller (Nelson) voting in favor of the motion. Item 13 A. Presentation and report from F.O.C.L. (Fill Our Community Library) Committee on planned "Books, Barbeque and Bluegrass" event for November 10, 1990, and request for Mayor to present proclamation. B. Discussion and consideration of approving a request to waive fees and ordinance to permit utilization of portable sign for Books, Barbeque and Bluegrass event. Cynthia Towell came forward with information about the non-profit organization, F.O.C.L., which has been set up to promote the expansion of the circulation materials for the Coppell Public Library. She requested that the proclamation be tabled until a later Council meeting, as there are some revisions which need to be made. She then requested a waiver of the fees and the ordinance to permit the use of a sign for the fund-raiser barbecue to be held November 10, 1990 from 5:00 p.m. to 7:00 p.m. Council Member Miller (Nelson) moved that fees be waived and a portable sign advertising the barbecue be permitted for said barbecue. Council Member Phillips (Weaver) seconded the motion. The motion carried 7-0 with Mayor Pro Tem Banks (Smothermon) and Council Members Phillips (Weaver), Merritt (Thomas), Ovalle (Morton), Lauv (Cow~an), Wolf (Robertson) and Miller (Nelson) voting in favor of the motion. Item 14 Consideration and discussion of funding cost for 1,000 Coppell lapel pine and 100 brass medallions/paperweights to be used for economic development purposes. Council Member Ovalle (Morton) stated that these items promote the logo of the City and are to be used by all segments of the City. Following discussion of this item, Council Member Miller (Nelson) moved that 1,000 pins and 100 brass medallions/paperweights be purchased and funded out of the water donation funds. Council Member Ovalle (Morton) seconded the motion. The motion carried 5- 2, with Mayor Pro Tem Banks (Smothermon) and Council Members Ovalle (Morton), Lauv (Cowman), Wolf (Robertson), and Miller (Nelson) voting in favor of the motion and Council Members Phillips (Weaver) and Merritt (Thomas) voting against the motion. Item 15 Consideration of waiver of the $50 fee required for a Certificate of Occupancy for the Haunted House located south of the intersection of Coppell Road and Bethel Road that is being sponsored by the Coppell Theater Association. Following discussion of this item, Council Member Ovalle (Morton) moved that the $50 Certificate of Occupancy fee be waived for the Haunted House being sponsored by the Coppell Theater Association. Mayor Pro Tem Banks (Smothermon) seconded the motion. The motion carried 7-0 with Mayor Pro Tem Banks (Smothermon) and Council Members Phillips (Weaver), Merritt (Thomas), Ovalle (Morton), Lauv (Cowman), Wolf (Robertson) and Miller (Nelson) voting in favor of the motion. Item 16 Consideration of a variance from Section 10-8-6 E of the Sign Ordinance which pertains to temporary off premise signs for non-profit organizations. This variance is being requested by the Coppell Theater Association for signs associated with a Haunted House that is being sponsored by the Coppell Theater Association. The Coppell Theater Association has requested that they be permitted to erect a sign for their Haunted House for 14 days, rather than the seven days allowed by the Ordinance. Following discussion of this item, Council Member Merritt (Thomas) moved that a variance of the Sign Ordinance be permitted to allow the Coppell Theater Association to have a temporary off premise sign. Council Member Lauv (Cowman) seconded the motion. The motion carried 7-0 with Mayor Pro Tem Banks (Smothermon) and Council Members Phillips (Weaver), Merritt (Thomas), Ovalle (Morton), Lauv (Cowman), Wolf (Robertson) and Miller (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. He recognized the teachers, Jean Niederkorn, Betty Nash, Carolyn Notes, Sue Southard and Jana Vanderslice. Following a brief recess, Council adjourned back into open session to consider the remainder of the Agenda. Item 17 Consideration of an ordinance amending Article 9-4 of the Code of Ordinances which concerns inoperable vehicles and authorizing the Mayor to sign. 66( 197 Building Official Dale Jackson made the presentation to the Council on this item. Following discussion of this item, Councilman Weaver moved that Ordinance 90488, amending Article 9-4 of the Code of Ordinances, be approved. Councilman Cowman seconded the motion. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Morton voting against the motion. Item 18 Discussion and consideration of a proposal to further evaluate potential noise generated by runway 16-34E at an expanded D/FW International Airport, and authorizing the contract agreement and financing of the proposal. Planning Director Gary Sieb made the presentation to the Council on thisAgenda item. Mayor Pro Tem Smothermon moved that this item be postponed until the November 13, 1990 City Council meeting. Councilman Cowman seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothsrmon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 19 A. Consideration of accepting professional services of Barton-Aschman Associations, Inc., engineering consultant firm, to provide design plans, contract and construction inspection administration for traffic signals at Bethel/Denton Tap Road intersection. B. Consideration of authorizing the city Manager to negotiate a contract with Barton-Aschman Associates, Inc. for professional services in an amount not to exceed $15,000, and authorizing the City Manager to sign. Acting City Engineer Shohre Daneshmand made the presentation. Ms. Daneshmand stated that a prior study which was conducted warrants the need for signalization at the Bethel Road, Denton Tap Road interesection. K.R. Marshall of Barton-Aschman was also present to answer questions regarding this project. Mr. Marshall stated that the $15,000 covers the letting of bids, design of the plans and monitoring of the project from beginning to end. Estimated time to completion is six months from the time the contract is signed. Some concern was voiced that the cost is high, especially taking into consideration the studies which have already been conducted on traffic control. Objections were raised about the dollar amount of the contract being included in the agenda. It was pointed out that this not only gave the firm and/or firms who might be bidding for a contract the top dollar limit of what the City would be willing to pay, but would also tie Staff's ability to truly negotiate. Councilman Morton moved that City Manager Alan D. Ratliff (and/or his designee) and Councilmen Weaver and Robertson be authorized to negotiate a contract with Barton-Aschman for professional services on the design plans, contract and constructions inspection administration for traffic signals at Bethel Road/Denton Tap Road intersection with funding coming from surplus funds left after completion of the Denton Tap Road project. Councilman Nelson seconded the motion. The motion carried 7-0 with Mayor Pro Tem smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 20 Discussion and consideration of adopting an ordinance regarding the City of Coppell Thoroughfare Plan to replace the Thoroughfare Plan approved by the City Council on February of 1987, and authorizing the mayor to sign. Acting City Engineer Shohre Daneshmand made the presentation. A consultant from Barton Aschman, K.R. Marshall, was also present to discuss this item with Council. Following detailed discussion regarding the impact of these thoroughfares on Coppell and their locations, there were citizens who wished to be heard by the Council on this subject. These citizens included: A) Martha Jo Cozby of 412 South Coppell Road spoke of her roots in Coppell and told of the early days of this City. She spoke of her concern for the number of roads already in the City and expressed desire that "Old Down Town Coppell# be preserved by allowing Bethel Road to remain two lanes. B) Lindy Thomas of 513 Parkview Place, Chairwoman of the Coppell Historic Committee, read the official statement of the Committee. The Historic Committee is concerned that the City of Coppell will loose its historical setting of "Old Coppell" if Bethel Road is widened, and ask that it be left as it is. C) Wheelice Wilson, Jr. of 214 Sanuel Boulevard restated that widening of Bethel Road will affect both sides of the road, loosing much of the history of Coppe11. He stated that widening of Bethel Road would destroy 10 to 15 existing buildings which would be of historical value. He asked that Bethel Road be left two lanes. D) Wendy Webster of 264 Bethel Road brought some pictures of the house she owns which would be in the center of the street which is proposed. It is the house with the pillars. She also pointed out that there were some big trees which would have to be taken out to make way for a wider Bethel Road. She also asked that Bethel Road be left two lanes. E) Ray McDowell of 3525 Courtdale, Farmers Branch came representing his mother's property at the corner of Bethel School Road and Bethel Road. He voiced his concern about drainage problems which would be created by widening the street and asked that the Council consider leaving the road in its present two lane status. F) Dale Veenker of 133 Cottonwood Drive, Coppell is the owner of property on Coppell Road. He is concerned that if Coppell Road is left two lanes, there will be a lot of congestion. He would like the road to be widened to four lanes. G) Dennis Tucker of 500 Rocky Branch owns a business on Bethel Road. He feels that the best interest of the City will be served by retainingthe historical section of the City and not widening the road. H) Bill Blaydes of 2001 Bryant Suite 1500, Dallas, is with the Baptist Foundation, a major land owner of property along Bethel Road. He stated that he wae in favor of widening the road to accommodate traffic which he feels will increase as businesses grow. I) George Chadick, owner of some property on Bethel Road, stated that bee would like to see the road widened to accommodate traffic. J) Forrest Broone of 257 Bethel Road, Coppell came forward to express his desire to the Council that Bethel Road be widened for safety purposes and to facilitate increasing traffic. Following discussion on this item, Councilman Nelson moved that the City of Coppell adopt Ordinance 90489, replacing the Thoroughfare Plan of February, 1987, with the exception that Bethel Road between Freeport and Bethel School Road remain at two lanes (50' R.O.W.), and not including the traffic signal at Royal Lane and Gateway (Southwestern) Boulevard, which will be considered and voted on separately following completion of this section of the Ordinance. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. K.R. Marshall recounted concerns in regards to the lack of traffic signalization at the intersection of Royal Lane and Gateway (Southwestern) Boulevard and the need for a connecting roadway between Gateway Boulevard and IN-635. Following discussion by the Council, Councilman Weaver moved that the intersection plan of Royal Lane and Gateway Boulevard as presented by City Staff be approved, with the condition that City Council receive a letter from Mr. Bill Thompson whereby he will negotiate an alternate solution with the State of Texas. The motion was seconded by Councilman Robertson. The motion carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Thomas voting a~ainst the motion. At the Counci! Meeting of November'13, this ~~ Counci! directed Staff =hat should a letter ~rd~'h~--~om Mr. Bill Thompson within 90 days, the Ordinance will be brought back to Council for further consideration at that time. EXECUTIVE SESSION (Closed to the Public) Item ES-2 A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Johnny Thompson annexation question 2. Lomas & Nettleton Agreement/MacArthur Boulevard Right of Way 3. Hue1 Weaver Lawsuit 4. Phillips Claim 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. connell Skaggs Drainage C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Legal Counsel 0 3 . 200 Council convened in Executive Session at 10=32 p.m. on Tuesday October 23, 1990 as allowed under the above stated articles and adjourned into Open Session at 10=52 p.m. ~ (Open to the Public) Item 21 Consideration and approval of a contract with GTE for the purchase of equipment and installation of a new communication network for the City of Coppell. Councilman Jim Cowman excused himself due to conflict of interest. An affidavit has been filed with the City Secretary. Assistant City Manager Vivyon V. Bowman made the presentation. A representative from GTE, Chuck Moseley, was also available for any questions. Mr. Bowman stated that the phone system in Building Inspections is obsolete and can no longer be serviced by GTE. There are also other phones within City Hall which do not have the needed capacity for call holding, call pickup and call transfer. Following discussion of this item, Councilman Robertson made a motion to approve the contract with GTE for specified equipment and installation of a new communication network for the City. Mayor Pro Tam Smothermon seconded the motion. The motion carried 6-0 with Mayor Pro Tam Smothermon and Councilmen Weaver, Thomas, Morton, Robertson and Nelson voting in favor of the motion. Following completion of voting, Councilman Cowman rejoined the Council. Item 22 Discussion and consideration of approving a list of projects to be submitted to Dallas County for consideration in a future transportation bond program. Director of Public Works Steve Goram made the presentation. A list of the proposed project list is attached to these minutes. Please see Addendum A. Councilman Morton moved to approve the list of projects and to forward the information to Dallas County to be included in the proposed County Bond Program. Mayor Pro Tem Smothermon seconded the motion. Motion carried 6-1 with Mayor Pro Tam Smothermon and Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion and Councilman Weaver voting against the motion. Item 23 Mayor Mark Wolfe's Report. A) Councilman Nelson reported that he and Staff will meet with DCAD to go over the appraisals of property in the City on November 1, 1990. Item 24 A. Consideration of a variance from Section 10-4-3 B and Section 10-5-4 A of the Sign Ordinance which concerns streamers and banner signs, respectively. The variance is requested by Tom Thumb Food Stores for the property located at the southeast corner of MacArthur and Beltline Road. B. Con~ideration and approval of a new grievance procedure which replaces Chapter XIII, Grievance Procedure, of the City of Coppell Personnel Policy Manual. C. Discussion and consideration of approval of contracts between the City of Coppell and Metrocrest Medical Services for Medical Control and Paramedic Continuing Education and authorizing the Mayor to sign. D. Discussion and consideration of approving an agreement with Coppe11 Municipal Utility District $1 to connect the proposed Heartz Road sewer collection line to the District's main sewer interceptor line and the conditions thereof. E. Consideration for awarding of bid for rental of pocket pagers to Parkway Paging for a total of $4,510.80. F. Consideration of approval of final acceptance of the Hill drive Drainage Improvement Project and authorizing the final payment of $3,654.04. Council requested that Items 24-A and 24-F be pulled for individual consideration. Mayor Pro Tem Smothermon made a motion that items 24-B, 24-C, 24-D and 24-E be approved. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Councilman Morton stated that previous approval on another store for variance of this Ordinance was given for seven days and he felt that the same restrictions should apply to other stores who apply. Following discussion by Council, Councilman Nelson moved that item 24-A be approved as written. The motion was seconded by Councilman Weaver. The motion carried 5-2 with Councilmen Weaver, Thomas, Cowman, Robertson and Nelson voting in favor of the motion and Mayor Pro Tem Smothermon and Councilman Morton voting against the motion. Councilman Weaver asked if there would be funds left when final payment has been made on this project and suggested that the excess funds could be used on other drainage problems within the City. Following discussion of this item, Councilman Weaver moved that Item 24-F be approved as submitted. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) Item ES-2 A. Article 6252-17, Section 2 (e) and Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Johnny Thompson annexation question 2. Lomas & Nettleton Agreement/MacArthur Boulevard Right of Way 3. Hue1 Weaver Lawsuit 4. Phillips Claim 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. Connell Skaggs Drainage C. Article 6252-17, Section 2 (g) discussion concerning personnel 1. Legal Counsel Council convened in Executive Session at 11:21 p.m. on Tuesday October 23, 1990 as allowed under the above stated articles and adjourned into Open Session at ~~ 12:04 a.m. ~ (Open to the Public) There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe,/ayor ATTEST: Do~rothy Ti~ns~ City Secretary