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Alexander Ct-CS080131 (2/19/2010) Ken Griffin - Re: Fwd:Page 1 From: Ken Griffin To: Jim Witt Date: 1/31/2008 7:36 AM Subject: Re: Fwd: I'm available Friday. Ken g -----Original Message----- From: Jim Witt To: Clay Phillips <CPHILLIP@ci.coppell.tx.us> Cc: Gary Sieb <GSIEB@ci.coppell.tx.us> To: Ken Griffin <KGRIFFIN@ci.coppell.tx.us> To: Marcie Diamond <MDIAMOND@ci.coppell.tx.us> Sent: 1/31/2008 7:30:33 AM Subject: Re: Fwd: I will defer my comments to all who have been involved from day 1. Mediation though is an option, but I do not want to go into it with an intent to mitigate any fiscal damages he may claim. We have not been the bad guy. -----Original Message----- From: Marcie Diamond To: Clay Phillips <CPHILLIP@ci.coppell.tx.us> Cc: Gary Sieb <GSIEB@ci.coppell.tx.us> To: Jim Witt <JWITT@ci.coppell.tx.us> To: Ken Griffin <KGRIFFIN@ci.coppell.tx.us> Sent: 1/31/2008 7:25:57 AM Subject: Fwd: David Ritter would like to set up a teleconference to discuss the issues outlined below... Would Friday @ 10 or 2 work for everyone? Do we need a pre-meeting to discuss? thanks Marcie Diamond, AICP Assistant Director of Planning City of Coppell 972-304-3676 www.ci.coppell.tx.us >>> On 1/30/2008 at 5:50 PM, in message <A8B6E00A36C5F84A82ED826FE8DACF15012AC090@exchange.toase.com>, "David T. Ritter" <dritter@toase.com> wrote: Marcie: Per our telephone conversation this afternoon, here are the topics that Walt Leonard asked us to discuss with City Staff to obtain the City’s official position. Walt met with Wayne Olsen and I last Friday to convey Mira Mar’s latest concerns. Please forward to any City Staff needed to obtain the official position; we are available Thursday and Friday at your convenience for the call. I’ll go over each issue in greater detail during the teleconference, but here are the basics: Screening Wall– this is the issue that is most concerning Mr. Hawkins at this point. He apparently is expending $1000/day in delay charges with TRW, his wall contractor. We explained during our meeting (2/19/2010) Ken Griffin - Re: Fwd:Page 2 that two events were preventing the issuance of screening wall permits. First, he must submit an approved color board with actual material samples of the proposed wall; and second, he must have an approved final plat. Walt agreed to reiterate to Mr. Hawkins the importance of submitting the color board, but wanted to see if the City would be amenable to approving screening wall construction, subject to an agreement that (1) Mira Mar would not claim any delay or other damages for the wall in the lawsuit; (2) Mira Mar would assume responsibility for removing the wall should no final plat be approved and the subdivision be abandoned by Mira Mar. I can go over the various pluses and minuses of either rejecting the wall or approving it subject to these conditions during our telephone call. Curbs– Walt wanted us to raise the issue of either (1) somehow “redesigning” the slope of the rolled curbs; or (2) putting in a fire lane, in order to alleviate the Fire Dept. transit issues with the street width. This would seem to involve significant engineering time and expenditures (water flow analysis/structural integrity tests/calculations) in the first case and putting in an extremely unaesthetic fire lane that may not accomplish its goal (preventing parking on the street side) in the second case. Neither alternative seemed viable to us on first impression, but we are passing this along to get the official city position. 3. Sewer/Pipe Easement issue – This is an issue that we think we’ve made headway on. Walt has stated that he believes that Mr. Hawkins would be amenable to listing the existence and location of the abandoned sewer pipe on the plat, in the form of a note indicating that although the easement had been abandoned, there is still a 12” clay pipe in the ground. He also believed that the location could be graphically illustrated in a smaller inset map on page 2 of the plat. If this is acceptable and we can work out the exact details, it may dispose of one of the outstanding plat issues. Walt also raised the issue of attempting to mediate the case, and we would like to get the City’s thoughts on whether this would be an option to consider, and if so, timing and other strategic implications. Thanks, David David T. Ritter Attorney-at-Law Taylor, Olson, Adkins, Sralla & Elam, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107-4654 Voice: 817.332.2580 Fax: 817.332.4740 dritter@toase.com