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Thompson, Johnny-AG 890228-~.~ - · Z ' '-~ · . .. I. ~ff/~LZ ~ : Johnny Thomson z~. I~ ~t~Oe : Discussion & consideration of ~quests by johnny Thompson for the City to: a. place Mr. Tho~son's enti~:_p~perty in. the floodway; " b. 1957 annexation of Mr. Tho~son's p~perty in the CiW of Coppell; c. 1979 zoning request of Mr. Thomson of 7 ac. 'of an 8.293 ac. tract; d. allowance of 2 ~re ~tal buildings on Mr. Thompson's property annexeo ~n ~vub; e. platting and security guard; and f. request for disannexation. ACTZON eECO ENDEO: V. N~XFI~TXON ~ : ~ OF CO~A~ : · CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM Item #~LO City CounCil Agenda Dated: 2-28-89 Since February 10th the City has received five separate letters requesting information and action from Hr. Thompson. The latest letter which was delivered on February 19th and is a part of this agenda item was co-signed by three Councilmembers. After conversation with Councilman Smothermon we have undertaken a detailed study and response to the question'which Mr. Thompson has asked. 1. Mr. Thompson has stated that his entire property was placed, by the City, in the floodway. The City of Coppell has not placed Mr. Thompson's property in the floodway. The determination of properties within the floodway was done after engineering studies show which properties are below the elevation in which a lO0-¥ear flood would cover that property with flood water. Page 2 Russell Doyle has provided a memorandum to me which addresses this question. You will also note as part of this documentation a handwritten transmittal letter addressed to Mr. Johnny Thompson dated January 24, 1989 in which our engineering department previously sent documents to Mr. Thompson letting him know what was needed to determine if his property is out of the floodway. Mr. Thompson has not submitted documentation which is acceptable to either the City Engineer or the Federal Emergency Management Administration. As you are aware, the City of Coppell is responsible for enforcing our floodway ordinance which, without that ordinance or the enforcement effort, can result in our City being declared ineligible for flood insurance. Other supporting documentation to #1, is a letter dated May 4, 1983 addressed to Mr. Ron Morrison and signed by Andrew Brown, Jr., Mayor which seems to indicate that a letter of map amendment had been filed with FEMA on Mr. Thompson's property. Mr. Thompson contends this letter supports his claim that the property is out of the floodway. A subsequent letter dated June 3, 1983 addressed to Mr. Ron Morrison, again signed by Mayor Brown, corrects that first letter and states that the Page 3 letter of May 4th is incorrect in its identification of the property. It describes a 25-acre piece of property which is south of Sandy Lake Road and east of the TP&L line easement and west of the Carrollton dam at the Elm Fork of Trinity River as being the property to be considered. Therefore, we do not believe that documentation is in our files which would support Mr. Thompson's contention. Over the period of months that Mr. Thompson has been presenting this argument, we have asked him to supply the necessary engineering data that could be submitted for a letter of map amendment, but as of this date the information has not been submitted. The 1957 annexation of Mr. Thompson's property into the City of' Coppell has been discussed and previously reviewed on September 27, 1988 by the City Council in Executive Session. Larry Jackson has again reviewed this data and has reconfirmed his opinion that the property is legally within the City of Coppell. Mr. Thompson from time-to-time has contended that only 7 acres was annexed in the City; however, Larry Jackson's research indicates that the total 8.29 acres was annexed into the City on July 1, 1957 as part of a much larger annexation. Page 4 Larry Jackson's opinion is reflected in his memorandum of September 12, 1988. A copy of the minutes of that annexation is also included for your review. Mr. Jackson will be prepared to present his research to you on Tuesday. In response to the 1979 zoning request of Mr. Thompson's "7 acre" tract of land, Mr. Thompson has for some time contended that the entire tract of land was not zoned light industrial~ however, the documentation in our files appears to support our belief that the entire 8.29 acres was and has been rezoned from single family to light industrial. You can refer to the Notice of the Public Hearing which was published February 26, 1979 at the request of Morris Ethridge. We understand that Mr. Thompson purchased this land from Mr. Ethridge. The agenda for the City Council meeting, as well as the minutes of this meeting of March 13, 1979 again support the contention that the entire 8.29 acres of land was zoned to light industrial. Page 5 Mr. Thompson's request appears to request that we allow two more metal buildings on the property that was annexed in 1986. Attached is a memorandum dated February 23, 1989 from Dale Jackson stating that metal buildings or buildings with metal roofs are not permitted under city ordinances anywhere within the city limits. As most of you know, there are several buildings in existence in this area. We are not certain as to how or when these buildings were placed on the property; however, Mr. Thompson has been notified that further building in this area will not be permitted without proper zoning or clearance from engineering and receipt of a building permit. $5 This item refers to a question about platting and a security guard. Mr. Dale Jackson has attempted to anticipate what this question is and has provided what he believes to be an appropriate response. In summary, based on our interpretation of the question, he would not be permitted to use a house as a security guard shelter. Page 6 #6 Larry Jackson will speak to the request for disannexation. Mr. Thompson has contended for quite some time that he is entitled to city services and that unless city services are provided, that he be disannexed from the City. Our records indicate that in addition to zoning protection, which protects not only Mr. Thompson, but other surrounding property owners, that he has, in fact, used the services of the Coppell Fire Department on several occasions, and in addition, has been approved to tie onto a city water line. On February 10th Mr. Thompson delivered a letter to Russell Doyle which also questioned whether or not the 7 acres in Coppell had been rezoned. He submits as part of the supporting documentation some tax statements from our tax office. There are possibly two explanations for the 7 acres shown on these tax statements: 1) the tax statements were merely a clerical error that occurred some years ago, or 2) the 7 acres, in fact, were the net acres after right-of-way for such things as the railroad are removed from the parcel. T~is theory seems to have some merit. However, it was later changed to 8.29 acres and Mr. Thompson has paid taxes on the entire 8.29 acres for several years. Page 7 In another letter dated February 17, 1989 addressed to the City of Coppell, Mr. Thompson requests left-hand turn lanes on Beltline eastbound. Mr. Thompson has said that he was sent to the county and then back to the city. Mr. Doyle has prepared a letter of response to Mr. Thompson in which he states succinctly what is required for this matter to be considered. You will note that Mr. Thompson has already been given a median break at the entrance of his drive. Another of Mr. Thompson's letters of February 17, 1989 also raises the question of what the City is required to do for him if the property at 1850 East Beltline was annexed into the city. The memorandum of February 20th from Dorothy Timmons to Alan Ratliff provides documentation relevant to that annexation. Larry Jackson can respond to the questions of the city's legal responsibility to the property. It is not our desire to enter into argument or conflict with Mr. Thompson in the development of his property. It is only our desire to see that he, as any other property owner, follow your policies and procedures as contained in your ordinances. As administrators and enforcement officials for Page 8 your policies and procedures, we are attempting to do that in this case. Many staff hours have been spent with Mr. Thompson in attempting to tell him what is needed and what is expected in these policies and/or procedures. We think that Mr. Thompson should follow the procedures and ordinances of the City of Coppell as it will be in the best interest of everyone, including himself and those around him. We will trust your judgement as to your findings and will readily carry out your decisions.