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CM 1980-02-25 127 Minutes of F~b~rY 25, 1980 The City Council of the City of Coppell met in regular session on February 25, 1980 at 7:30 p.m. in the Coppell High School Cafeteria. The following members were present: Andrew Brown, Jr., Mayor David Phillips, Mayor Pro Tem Roy Brock, Councilman (late arrival) Orville Mayo, Councilman Glen White, Councilman Dale Ware, Councilman Also present were City Administrator James Elium, City Secretary Dorot~kV Timmons, and City Attorney Larry Jackson. The meeting was called to order and eveyone asked to stand while Councilman White gave the invocation. Following the invocation, Councilman White moved that the ~ reading of the minutes be waived; Councilman Mayo seconded and motion carried 4-0. (]) Councilman Mayo then moved that the minutes be approved as submitted; Councilman k{') White seconded and motion carried 4-0. ~ Item No. 4 concerning approval of the 1978-79 Fiscal Audit was deleted from the ~ agenda because final preparations have not been made at this time. The first item to be considered by the Council was the preliminary plat for Coppell Commerce Center, Phase I. Mr. Bill Hendrix made the presentation to the Council. It is the recommendation of the Planning and Zoning Commission that this plat be approved. Following discussion, Councilman White moved that the preliminary plat be approved; Councilman Mayo seconded and motion carried 4-0. ~.~ Councilman Brock arrived at this time. Reconsideration of the final plat of Braewood West Subdivision was then discussed by the Council. Mr. Wayne Ferguson was present to discuss this item with the Council. Following consideration, Councilman White moved that the final plat be accepted with the terms and stipulation set out in the attached letter and that the lawsuit will be dropped; Mayor Pro Tem Phillips seconded and motion carried 5-0. Discussion and consideration of the City's official newspaper was next on the agenda. Mr. Roy Lemmons of the Coppell Star was present to discuss this item with the Council. He stated that his charges were $1.25 per column inch on legal publications. He also indicated that he would try to have someone present at all City functions if possible. No action was taken on this item. Approval of Invoice No. 58 to Hogan & Rasor, Inc. in the amount of $2,975.00 for engineering design services on the waterworks ~mprovements project was then considered by the Council. Councilman White moved that this bill be approved for payment; Councilman Brock seconded and motion carried 5-0. The City Administrator's Report was the next item on the agenda. City Administrator James Elium stated that a two-day clinic will be held in McAllen, Texas on March 24-25 to discuss problems concerning small cities. He also stated that the electrical wiring has been hooked up at the new maintenance building. ~=- Approval of the bills was then considered. Mayor Pro Tem Phillips moved that the bills be approved for payment; Councilman White seconded and motion carried 5-0. The meeting was then closed for an executive session allowed under Article 6252-17, Section 2 (e) discussion with City Attorney and Article 6252-17, Section 2 (g) discussion concerning personnel. Following the executive session, the meeting was declared open to the public. Councilman White moved that Joyce Norton and Kim Leverett be hired effective February 26, 1980 as assistants in the Library Department at a salary of $3.30 Der hour not to exceed ten hours each per week; Councilman Ware seconded and motion carried 5-0, Councilman Brock then moved that Daniel Q. Robertson be hired at a salary of $8~.00 p~r month as a patrolman in the Pol~e Department; Councilman White seconded and motion carried 5-0. ~ ~ ~ The meeting was then adjourned. /~ ~ /'/,~ f~ A~~ Andre~-~w Brown, Jr[, Mayor ~ -- ~rothy Timmo~s~ City Secretary , ~, ~ February 2~, 1980 Honorable Mayor Andrew Brown Coppell, TX 75019 Dear Mayor Brown: As we discussed last week it would be far more advan- tageous to both the City of Coppell and us to co-operate in the development of the City of Coppell rather than litigate the matters in the Courthouse. In that regard, I would like to make the following proposal to the City of Coppell. However, this proposal is made without prejudice to our current litigation and should be considered as a compromise proposal in an attempt to settle the litigation. The pro- posal is as follows: 1. The City of Coppell will approve the Final Plat on Braewood West in accordance with Article 974(a). 2. We shall pay $18,150 to the City of Coppell Parks fund and co-operate with the Parks Commission in the perfor- mance of their duties regarding obtaining Federal matching funds or any grant programs that may be available. 3. We shall escrow our share of the payment for the major thoroughfares bordering our property. This share is estimated to be approximately $125,000. 4. Following the approval of the final plat, we shall apply for a rezoning of the section of the plat that is currently zoned commercial with an allowance for residential to a residential zoning that is consistent with the approved plat. 5. To further protect the homeowner in Braewood West, we agree to file and use deed restrictions that restrict the use of the property in the subdivision to non-commercial uses. The particular use restrictions that we plan to utilize are as follows: L&N Management. Inc,, is the investment advisor to Lomas & Nettleton Mortgage Investors, a Massachusetts business trust Ail persons dealing with Lomas & Ne~leton Mortgage Investors must look solely to the Trust property for the enlo¢cement of any claims against the Trust as neither the Trustees. officers, agents or shareholders assume any persona~ liability for obligations entered on behalf ot the Trust All commitments of Lomas & Nettleton Mortgage Investors mus~ be in writing and approved by the Trustees. Honorable Mayor Andrew Brown ~9 February 2~, 1980 Page Two No Lot shall be used ~for other than residential purposes. No building shall be altered, erected, placed or permitted to remain on any Lot other than (a) one (1) detached single-family dwelling not to exceed two (2) stories in height, and (b) a private garage for two (2) or more automobiles appurtenant to such dwell- ing, and (c) such temporary building or buildings as are expressly permitted and authorized hereunder. During the period of sales and construction of homes on the Property, it shall be permissible for Declarant or any other builder to operate his office and sales office from the model dwellings on the Property. 6. After the approval of the Plat, we agree to restudy the plat with a view towards determining the financial pro- ductivity of increasing the lot size of approximately 30% of the lots. If the results of the study are positive, we . shall su~mit a revised plat to reflect the/~rlarger lotS.r~in ~/~ . 7. ~e further agree to limit our bui og ~r~ewood West to a yearly total of eighty (~-~its comprise~ of two (2) series of houses. This yearly ~to~al shall cumulate if not used and shall begin on the date of plat approval. A brief description of our two (2) series of homes is as. follows: a. The 700 series homes are currently priced // between $59,900 and $75,500. The range of net square 1,650footage sq. of ft. the 700 series is~~---~~' 400 to, b. The C series homes are currently priced between $77,000 and $85,000. These are somewhat larger than the 700 series homes with a net living area between 1,650 and 2,118 square feet. The prices of these houses could increase above $100,000 during the next 18 months, Following the approval and filing of the Plat, we shall instruct our attorney to dismiss the lawsuit currently pending. We look forward to receiving your approval and to continue to work together to build a quality community in Coppell. Sincerely, Wayn~ Ferguson ~ .