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CM 1990-11-13 Minutes of November 13, 1990 The City Council of the City of Coppell met in regular called session on Tuesday, November 13, 1990 at 7:00 p.m. for Open Session in the Council Chamber of Town Center 255 Parkway Boulevard, Coppel!, 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, Assistant City Secretary Linda Grau, Clerk/Typist Patsy Jones and city Attorney Lawrence W. Jackson. G S ON (Open to the Public) Item i Call to order. Mayor Southard (Wolfe) called the meeting to order. Item 2 Invocation Mayor Marti Southard (Wolfe) asked those present to stand while Council Member Case Watkins (Robertson) gave the invocation. Item 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Cory Gere (Cowman). Mayor Mark Wolfe and Student Mayor Marti Southard then welcomed citizens, parents and teachers to the meeting. Mayor Wolfe introduced the teachers from Coppell Intermediate School: Principal, Sandra Stuckey; Vice Principal, Lorie Shanklin and Teachers, Janis Branum, Barbara Brothers, Lisa Hackel, Jana Hamilton, Marsha Hughs and Marcia Raines. Their students participated in the Student Council Program. Student Mayor Southard explained the process by which the students were elected to serve for this Students In Governments Program. Mayor Wolfe intro~uced 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: Marti Southard, Mayor (Mark Wolfe) J. R. Thomason, Mayor Pro Tem (Bill Smothermon) Jesse Nordyke, Council Member (Peyton Weaver) Katy Thomas, Council Member (David Thomas) Sarah Ellington, Council Member (Tom Morton) Cory Gere, Council Member (Jim Cowman) Case Watkins, Council Member (Ron Robertson) Greg Blasingame, Council Member (John A. Nelson) S~mmer Whitis, City Manager (Alan D. Ratliff) Item 4 Consider approval of minutes - October 23, 1990 The minutes of October 23, 1990 are to be corrected to reflect= ITEM 20= Councll directed Staff that should a letter not be received from Mr. Bill Thompson within 90 days, the Ordinance will be brought back to Council for further consideration at that time. ITEM ES-2 (Executive Session) adjourned into Open Session at 12=04 a.m. rather than 12:04 p.m. Councilman Blasingame (Nelson) moved that the minutes of October 23, 1990 be approved with corrections. Councilman Gere (Cowman) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Thomason (Smothermon), Council Members Nordyke (Weaver), Thomas (Thomas), Ellington (Morton), Gere (Cowman), Watkins (Robertson) and Blasingame (Nelson) voting in favor of the motion. Item 5 Special Mayor's Report The following items were reported under the Mayor's special report. A) Mayor Southard (Wolfe) read the Resolution declaring November 13, 1990 as "Students in Government Day". B) Mayor Southard (Wolfe) told of two articles in leading publications which gave information regarding Coppell. One of these articles is in the November issue of "D" Magazine. The second article was in the Friday, November 9 issue of the newspaper "USA Today" and named Coppell as third fastest growing suburb in the 1980~s with a population range of 10,000 to 50,000. C) Mayor Southard (Wolfe) reminded those present of the City Employee Thanksgiving dinner on November 21, 1990 at Fire Station # 2 and requested that as many members of Council as possible plan to attend. D) Mayor Southard (Wolfe) reminded those present that "Shop Coppell First" is in progress. The christmas parade will start at 2:00 p.m. on December 2, 1990. E) Mayor Mark Wolfe recognized the Staff and Council members who had participated in the Metrocrest City Volleyball Tournament held Saturday, November 3, 1990. The City's team placed second. Members of the team who were mentioned included Ron Robertson, Dale Jackson, Frank Trando, Chad Beach, Vivyon Bowman and Mark Wolfe. F) cityManager Whitie (Alan D. Ratliff) reported on the progress of the Data Processing Committee and reported that to date, three applications from citizens have been received. The deadline for applications is Friday, November 16, 1990. G) Council Member Blasingame (Nelson) reported that the Haunted House, sponsored by the Coppell Theater Club, raised $7,000 during their annual fund raiser. ~tem 26 hla£son Reports were considered at this point. Please see the report of this item in itts proper order.' Item 6 Citizens Appearances Mayor Southard (Wolfe) recognized the following citizens: A) Casey Cundiff of 325 Clear Haven asked if there was a way to regulate the light at the intersection of Moore Road and Sandy Lake Road so that there would not be so much congestion and such long waits. B) Brad Betts of 549 Lake Forest asked if there could be a school crossing guard between Sandy Lake and MacArthur Boulevard for the great number of students who cross there. C) Brandi Firtos of 432 Green Ridge. asked when w~rk would bedone on Denton Tap, pointing out that it seems that a lot of time is spent on roads which are in fairly good shape and not much time on roads which need work. D) Jenny Whitten of 212 Samuel Boulevard asked if it would be possible for the City to consider a Miniature Golf Course or a Bowling Alley. E)Lindsay Ensom of 649 Hood Drive asked what steps Coppell is taking to control pollution. F) John Ritcheske of 765 Crane Circle noted that air traffic noise has increased over Coppell and wondered if the City expects that to continue. Item 7 Consider approval of a Resolution declaring November 13, 1990 as "Students in Government Day" in the City of Coppell and authorizing the Mayor to sign. Following reading of the Resolution by Council Member Cory Gere (Cowman), Mayor Pro Tem Thomason (Smothermon) moved that Resolution 111390.1, considering approval of a Resolution declaring November 13, 1990 as "Students in Government Day" be approved. Council Member Gere (Cowman) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Thomason (Smothermon), Council Members Nordyke (Weaver), Thomas (Thomas), Ellington (Morton), Gere (Cowman), Watkins (Robertson) and Blasingame (Nelson) voting in favor of the motion. Item 8 Consideration of a proclamation recognizing Kevin Foster and the Rotary Club for their service and contribution to the community. In the absence of Kevin Foster, Mr. Hans Dietrich, President of the Rotary Club, was present to accept the proclamation. The Proclamation was read by Council Member Thomas (Thomas). Council Member Ellington (Morton) moved that a proclamation recognizing Kevin Foster and the Rotary Club for their service and contribution to the community be approved. Council Member Blasingame (Nelson) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Thomason (Smothermon), Council Members Nordyke (Weaver), Thomas (Thomas), Ellington (Morton), Gere (Cowman), Watkins (Roberteon) and Blasingame (Nelson) voting in favor of the motion. Item 9 Consideration to allocate funds in the amou/~t of $185.00 for the construction and installation of a permanent plaque for the Andrew Brown Picnic Pavilion. This item has been discussed in a previous Mayor's report, but funds were not available at that time. Council Member Nordyke (Weaver) moved that $185 be approved for construction and installation of a permanent plaque for the Andrew Brown Picnic Pavilion. Council Member Watkins (Robertson) seconded the motion. The motion carried 7-0, with Mayer Pro Tem Thomason (Smothermon), Council Members Nordyke (Weaver), Thomas (Thomas), Ellington (Morton), Gere (Cowman), Watkins (Robertson) and Blasingame (Nelson) voting in favor of the motion. Item 10 Discussion and consideration of naming the Bethel School Road Park "The Duck Pond" in accordance with Ordinance 89-455: Naming Park Lands and Facilitiee. Mike Cooper, Chairman of the Park Board, gave some background on the name suggested for this Park. Following discussion of this item, Council Member E11ington (Morton) moved that the name "Bethel 6 a2o6 School Road Park and Duck Pond" be approved. Mayor Pro Tem Thomason (Smothermon) seconded the motion. The motion failed with Council Members Ellington (Morton) and Watkins (Robertson) voting in favor of the motion and Mayor Pro Tem Thomason (Smothermon) and Council Members Nordyke (Weaver), Thomas (Thomas), Germ (Cowman) and Blasingame (Nelson) voting against the motion. Following further discussion, Mayor Pro Tem Thomason (Smothermon) moved that the name of the Bethel School Road Park be "The Duck Pond". Council Member Blasingame (Nelson) seconded the motion. The motion carried 4-3, with Mayor Pro Tem Thomason (Smothermon), Ellington (Morton), Watkins (Robertson) and Blasingame (Nelson) voting in favor of the motion, and Council Members Nordyke (Weaver), Thomas (Thomas) and Germ (Cowman) voting against the motion. Item 11 Discussion, consideration of rescheduling and/or canceling the City Council meeting of December 25, 1990. Following discussion of this item, Council Member Blasingame (Nelson) moved that the City Council meeting of December 25, 1990 be canceled. Council Member Thomas seconded the motion. The motion carried 7-0, with Mayor Pro Tem Thomason (Smothermon), Council Members Nordyke (Weaver), Thomas (Thomas), Ellington (Morton), Germ (Cowman), Watkins (Robertson) and Blasingame (Nelson) voting in favor of the motion. Item 12 Consideration and discussion of the implementation of the 2nd Annual Christmas Spirit Award Program as requested by Mayor Mark Wolfe. Following discussion of this item, Mayor Pro Tem Thomason (Smothermon) moved that the 2nd Annual Christmas Spirit Award Program be implemented under the direction of the Coppell Chamber of Commerce. Council Member Thomas (Thomas) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Thomason (Smothermon), Council Members Nordyke (Weaver), Thomas (Thomas), Ellington (Morton), Germ (Cowman), Watkins (Robertson) and Blasingame (Nelson) voting in favor of the motion. Item 13 Presentation of report on "Books, Barbecue, and Bluegrass" City Library fund-raising event. Jo Treadway came forward to give a report on the "Books, Barbecue and Bluegrass" event of November 10, 1990. There were approximately 300-350 people who attended the barbecue, with 260 dinners being served. Although the purpose of this event was to introduce the F.O.C.L. group and not to solicit funds, $1,100 was raised and will be used to purchase circulation material. A concept introduced at the barbecue, the "Adopt-A-Book" program, will be on-going. No further action was required on this item. Item 14 Discussion, consideration, and approval of submitting a letter of support for the continuing improvement of SH 121 to Mr. Arnold Oliver. Council Member Nordyke (Weaver) moved that the Mayor be authorized to submit a letter of support for the continuing improvement of SH 121 to Mr. Arnold Oliver. Council Member Watkins (Robertson) seconded the motion. The motion carried 7-0, with Mayor Pro Tem Thomason (Smothermon), Council Members Nordyke (Weaver), Thomas (Thomas), Ellington (Morton), Germ (Cowman), Watkins (Robertson) and Blasingame (Nelson) voting in favor of the motion. Item 15 Status report on the Recycling Committee by Councilman Weaver. Council Member Nordyke (Weaver) introduced Mr. Kim Brooks of the 60a2o7 Recycling Committee. He ga~ean ~date of the recycling pilot program which began in two nei~hb~ho~ds on November 10, 1990. He reported that there was approximately 85% participation in both the Hunterwood and Meadows sub-divisions. When asked by Council what the plans for the future as regards to the entire City, Mr. Brooks stated that the Committee anticipates a city-wide implementation of curbside recycling in early 1991. No further action was required on this item. At this time, Mayor Wolfe thanked the Student City Council for their participation in tonight's agenda. He presented them with Certificates of Appreciation. Following a brief recesa, the Council adjourned into Open Session to consider the remainder of the Agenda. Item 16 A. Consideration and approval of tax abatement application and/or waiving of fees (up to $12,000) for Thacker Container Company. B. Consideration and approval of waiver of fees (up to $12,000) for Thacker Container Company. Mayor Pro Tem Smothermon reported that the Tax Abatement Committee recommends that the application fee not be waived, but that a waiver of fees of up to $12,000 for Thacker Container Company be granted. The company is looking to locate in the Park West Commerce Center. Council expressed concern that there are no quidelines or consistency in granting waiver of fees. It was pointed out that existing businesses who are planning to expand should be given the same consideration as new businesses so far as waiver of fees is concerned. To date, each request for waiver of fees has been considered on a case-by-case basis. Council requested that Staff and/or Finance Committee develop a cohesive policy for consistent consideration of waiver of fees by new and existing businesses. Councilman Nelson moved that the Tax Abatement application from Thacker Container Company b e denied and that the waiver of fees (up to $12,000) be approved. Mayor Pro Tem Smothermon seconded the motion. The motion carried 4-3, with Mayor Pro Tem Smothermon and Councilmen Thomas, Morton and Nelson voting in favor of the motion and Councilmen Weaver, Cowman and Robertson voting against the motion. Item 27 "CONSF~T AGEI~OA wa~considered, Item 17 Consideration of a variance from Table II Appendix A of the City of Coppell su~ivision Ordinance which concerns remitments for maxim~ widths of driveways. This variance is being re~ested by Mark Webb of ~ert ~ndscape Co. for Max~drews who resides at 235 Winding Hollow, Villages at Cottonwood Creek Su~ivision. Building Official Dale Jackson made the presentation. ~. Mark Webb of ~rt ~ndscape Company was also present with plats of the proposed work. Following discussion of this item, Council Me,er Weaver moved that the consideration of a variance from Table II Appendix A of the City of Coppell Su~ivision Ordinance which concerns the retirements for maximum widths of driveways be denied. Cocci1 Me,er ~omas seconded~e motion. The motion to deny the variance carried 7-0 wi~ Mayor Pro Tem Smoke.on and Co~cilmen Weaver, ~omas, Morton, Co.an, Ro~rtson and Nelson voting in favor of the motion. Item 18 Consideration of a varla~ce from section 10-8-5 of the Sign Ordinance wh£ch':~gns Subdivision Signs. The variance is requested by Tom Farley on behalf of the Lakes of Coppe11 Owners~ Association. Building Official Dale Jackson made the presentation. A permit has previously been denied by the City. The developer requested a variance to allow a 70.6 square foot sign to be erected. Ann Czarnecki of Irving, representing the Lakes of Coppell Owners~ Association, was also present to present the case ofthe developer and answer questions by the Council. Following discussion of this item, Mayor Pro Tem Smothermon moved that the consideration of a variance for signs to be constructed at the entrances of the Lakes of Coppell subdivision from section 10-8-5 of the Sign Ordinance which concerns Subdivision Signs be denied. Councilman Morton seconded the motion. The motion to deny the variance carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 19 Discussion and consideration to contract services with Mesa Design Group to provide planning and landscape Architectural services for the Community Park Master Plan in the amount of $10,000.00. Parks and Recreation Director Rick Weiland and Chairman of the Park Board Michael Cooper made the presentation. At various times, the topic of getting matching grant funds to develop the parks within the City of Coppell has been discussed. At the present time, there is Bond fund money and budgeted funds, available. In order to maximize the funds and get a grant, a grant application has to be put together and filed by January 31 with the State of Texas. In order to know what to request in the way of facilities, Mr. Cooper stated that the Park Board feels that a master plan for development of the Community Park located directly across from Town Center needs to be formed. Due to problems with previous master plans which were not workable and in order to ensure that plans can be drawn up to use for the Grant Application, the Committee feels that professional help is needed. Following discussion of this item, Councilman Robsrtson moved that Mesa Design Group be contracted to provide planning and landscape Architectural services for the CommunityPark Master Plan in the amount of $10,000. Mayor Pro Tem 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. Item 20 Discussion and consideration of a proposal to further evaluate potential noise generated byrunway 16/34E at an expanded D/FWInternational Airport, and authorizing the contract of agreement and financing of the proposal. Planning Director Gary Sieb made the presentation. Following discussion of this item, Councilman Morton moved that the proposal to further evaluate potential noise generated by runway 16/34E at an expanded D/FWInternational Airport and authorizing expenditure of up to $30,000 for a contract of agreement. The motion died for lack of a second. Following further discussion, Councilman Weaver moved that this item bepostponed until December 11 and that in the interim a workshop be scheduled with the consultant, Staff and appropriate Council Members to identify means of funding as well as obtain information from D/FW Airport. The motion was seconded by Councilman Robertson. Councilmen Weaver and Morton were asked to meet with Staff and the Consultant. The motion to postpone this item to December 11 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. It~, 21 Discussion ,and .cons.,~a~lon o~, a~prov~nq an 'exchange conk~act between ~,~.',¢~: Co~pelL ..and..,The Pa~kl~ o~ Co~l~l~.. T~ue2 rega~ding. ~ .~, O~ &ore' 'l~brary;. $~t~..ai~d &u~horiz ~nq ~hm.. ~a[o~ ' tO sign ~ha' contract, on behalf 'of the City at closing. ("1'~ it~.,,,,,vam discussed following EXmcut~vm Gmms~on),,Following discubsJon on this item, Councilman Smothermon moved' to approve an exchange contract between the City of Coppell and The Parks of Coppell Trust regarding a 2.07 acre library site, and the Mayor be authorized to sign the contract on behalf of the City at closing with the stipulation that the City purchase a title policy. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro-Tem Smothermon, Councilmen Weaver, Thomas, Morton, Cowman, Roberteon and Nelson voting in favor of the motion. Item 22 Consideration and approval of a final plat of the Coppell Church of Christ Addition, located approximately 483 feet north of Sandy Lake Road, fronting Samuel Boulevard. Councilman Morton moved a final plat of the Coppell Church of Christ Addition be approved. Mayor Pro Tem Smothermon seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Norton, Cowman, Robertson and Nelson voting in favor of the motion. Item 23 Consideration and approval of a preliminary plat of the Riverview Plaza AdditiOn, located approximately 850 feet east of S.H. 121, along Coppell road. Planning Director Gary Sieb made the presentation. Be stated that he has a letter from the applicant asking that the plat be denied. Councilman Robertson moved that the preliminary plat of the Riverview Plaza Addition be denied. Mayor Pro Tem Smothermon seconded the motion. The motion to deny the preliminary plat carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 24 Consideration and approval of a preliminary plat of the Sandy Lake Addition, located approximately 500 feet west of the northwest corner of Sandy Lake Road and Samuel Boulevard, at the request of Food Lion. Planning Director Gary Sleb made the presentation. A representative of Food Lion, John Maggiore was also present to answer questions. There were two changes in the preliminary plat which were pointed out. The applicant is required to have a 30~ landscaped area adjacent to Sandy Lake Road. There is to be an 8~ screening wall the entire length of the Eastern property line. Following discussion, Mayor Pro Tem Smothermon moved that a preliminary plat of the Sandy Lake Addition, located approximately 500 feet west of the northwest corner of Sandy Lake Road and Samuel Boulevard, at the request of Food Lion be approved, with the two corrections which are stated above. Councilman Robertson seconded the motion. The motion carried 5-2 with Mayor Pro Tem Smothermon and Councilmen Thomas, Cowman, Robertson and Nelson voting in favor of the motion and Councilmen Weaver and Morton voting against the motion. Item 25 Mayor's Report A) Mayor Wolfe requested that, as discussed previously, the Finance Committee take a look at developing a consistent policy in considering requests to waiver Tax Abatemente and/or waivering fees. 66O910 B) Councilman Nelson asked about'the elevation of the Lake Park subdivision being developed behind Parkwood. Concern was expressed that this property is much higher than the existing area. C) Councilman Weaver reported that the Bond anticipation report of MUD had been handed out to each of the Council Members. D) Councilman Morton reported that COG has had several meetings. At one of the meetings, the area of roundtables dealt with resource management and recycling. He handed out material to City Manager Alan D. Ratliff from this meeting. He suggested that the material might need to be reviewed to see if there were laws which might impact the City. E) Councilman Thomas complimented Staff on the new name tags for city Council, stating that they are much more functional and are asthetically pleasing. ~o~low~ng the ~xeouti~e Session, Mayor Wolfe re-opened the Mayor's Report ~n open'session and considered the following item: F) Councilman Nelson requested a consensus of Council to fund up to $300 for the Coppell Historic District Committee to apply for a 501(c) 3 application which grants a non-profit organization tax exempt status. A formal item will be placed on the City Council agenda of December 11. Item 26 Liaison Reports A) ARCHITECTURAL REVIEWCOMMITTEE There was no report at this time. B) CHAMBER OF COMMERCE There was no report at this time. C) COPPELL HISTORIC DISTRICT Council Member Blasingame (Nelson) reported that at the last meeting of the Historic District Committee, owners of property on Bethel School Road were invited to give their view point of development of "Old Town Coppell#. At the next meeting, concrete plans for zoning will be discussed. D) ECONOMIC AND BUSINESS DEVELOPMENT BOARD There was no report at this time. E) DCAD Mayor Wolfe, Councilman Nelson and Staff will be meeting with the Dallas County Appraisal District to discuss correcting iniquities in the system, final exemption being the greatest. The Board will be providing them with information to assist this process. F) FINANCE COMMITTEE There was no report at this time. G) LIBRARY BOARD Council Member Nordyke (Weaver) reported that the Library Board met and is pleased to report that a contract for the new William T. Cozby Library site is ready to be signed. H) METROCREST RED RIBBON COMMITTEE There was no report at this time. 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 Watkins (Robertson) reported that at the regularly scheduled November 5 meeting, a series of meetings were scheduled to study community parks. The first of these special meetings was held Monday, November 12. At this meeting, 25 citizens requested an audience with the Council and over 35 citizens were present. The next special sessions are scheduled for November 12 and December 3. citizens are encouraged to come and voice their opinions. L) RECYCLING COMMITTEE There was no report at this time. M) SCHOOL BOARD There was no report at this time. N) DRAINAGE COMMITTEE There was no report at this time. O) PLANNING AND ZONING STUDY COMMITTEE There was no report at this time. P) PRIVATE CLUB ORDINANCE COMMITTEE Councilman Thomason (Smothermon) reported that there was a good turn out at the meeting of Thursday, November 8, 1990. Item 27 A. Consideration and approval of changing certain ad hoc members of the Recycling Task Force to regular members and certain regular members to ad hoc members at the request of the Task Force. B. Consideration and approval of the release of (Street Assessment) Lien for Certificate $90-118 (Independent Bank) and to be executed by the Mayor. C. To consider an ordinance for Case ~ZC-524, to change the zoning designation from (R) Retail to (SF-9) Single-Family-9, on a parcel of land located at 316 W. Bethel Road, and authorizing the Mayor to sign. D. To consider a resolution approving the Trinity River Authority contract for a period of October 1, 1990 to September 30, 1991 in the amount of $3,000.00. E. Receipt of acknowledgement form executed by the homeowners at 252 Bethel Road acknowledging retaining wall encroachment into a City sanitary~ sewer easement and authorizing the City Manager to sign. F. Discussion, consideration of approval of a variance to the city's Sign Ordinance for the installation of a temporary sign on Denton Tap Road for use in advertising the "Shop Coppell First" campaign and waiver of fees. G. Discussion, consideration of supporting and approving a "Shop Coppell" parade to be held on December 2, 1990 at 2=00 p.m. from Coppell Post office to Denton Tap, north on Denton Tap to the parking lot at Town Center. Discussion and consideration of approval of an ordinance amending Ordinance No. 314 to allow one- way traffic on Rocky Branch Lane and Rolling Hills Road from December 1, 1990 through January 1, 1991 and authorizing the Mayor to sign. I. Reconsideration and approval of a proclamation for "Books, Bluegrass, and Barbecue" event. Councilman Robertson moved to approve Consent Agenda Items 27 A through 27 I, with Item 27 C carrying Ordinance 297-A-85, Item 27D carrying Resolution #111390.2 and Item 27 H carrying Ordinance 90490. Councilman Thomas 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 (Close to the Public) ES-28 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. Minyard Agreement. 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 3. T.U. Electric Franchise Council convened in Executive Session at 9:47 p.m. on Tuesday November 13, 1990 as allowed under the above stated articles and adjourned into Open Session at 10:54 p.m. ~ (Open to the Public) Item ~1 Th~e item was discussed at Chis time. Please see, 'the report o£' this item in it's proper order., Mayor"s Report Item (F) was discussed at this time... Please' see the"report of this item ~.n itts 'proper.brdez'; '. There being no further business to come before the Council, the meeting was adjourned. Mark Wolfe, M~or 600213