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Connell Skaggs-AG 890912AGENDA REQUEST, ITEH CAPTION: EVALUATIOI~ O1~ ITE~,: As per the attached correspondenc, '~Development Co. is requesting %referenced agreement ( see-.~ Included in this package between Powell & Powell Eng ant Engineer, Ginn Inc. Discussion and consideration of the "Agreement" made between Sk~ Co. t Manager and the City of and authorizing the Mayor to Attached you also find a mental Health Officer to regarding the violations Under R~v. q-24-89 SUPI~).RT lX)CUMEh~ATXON FOR AGY. A~..~ STAMP RECE'I'VED BY CITY MANAGER*S OFFICE: SL'PPORT DOCUMENTATION SUBMITTED ~ITH AGENDA ITEH** HEH0 S/LETTERS/REPORTS/BILLS/MINUTES CONTRACT/AGI~EMENT ................. C.I.P. CONTRACT ..................... CHANGE ORDERS ....................... ORDINANCE ........................... CAPTION ' RESOLUTION .......................... ?ROCI. AMATION ........................ : LOCATION HAPS ZONING PLANS ........................ P£ELIMINARY/PXNAL PLATS ............. SITE PLANS LANDSCAPE PLANS ARCHITECTURAL RENDERINGS DATE PUBLISHED IN THE CITXZENS~ADVOCATE: NOTIFICATION TO: 3' or:! 3 1 3 copies I 'cop7 12 12 12 12 DATE/METHOD OF CONTACT: NOTES Connell Development Company P.O. Box 541057 · Dallas, Texas 75354-1057 · (214) 3574694 August 17, 1989 Mr. Russell Doyle . 255 Parkway Boulevard .... Coppell, Texas 75019 'i~'i ...... Re: Agreement between Skyhawk e~t. ure .... ~nd the City of Coppell providing for future drainage improvements to the Connell Skaggs Addition dated December 11, 1986 Dear Russell: As I outlined in my letter of June 27th, Skyhawk Venture requests that the City of Coppell amend the above referenced agreement to allow the following: 1. Skyhawk will design and build a d6uble 12' x 4' box culvert from Sandy Lake Road to the northern boundary of the Connell Skaggs Addition. 2. From the northeast corner of the Connell Skaggs Addition north to the existing box culvert Skyhawk will grade a temporary channel. 3.Skyhawk will waive any reimbursement due from the work on the channel north of the Connell Skaggs Addition. 4. Upon the completion of items 1 and 2 Skyhawk and the City of Coppell will be relieved of any further obligations regarding said agreement. I have enclosed a copy of the original agreement, my June 27th letter, and a schematic diagram showing the location of the proposed box culvert and channel. Please call if you need any additional information. Sincerely yours, SKYHAWK VENTURE CONNELL DEVELQPMENT CO., MANAGER Mark W. Connell MWC/ac enclosures Or, ce address: 10939 Shady Trail · Dallas. Texas 75220 Connell Development Company P.O. Box 541057 * Dallas, Texas 7~54-1057 · {214) 557-4694 June 27, 1989 Mr. Russell Doyle City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Re: Drainage west of Woodside Village Shopping Center Dear Russell: In December of 1986, Skyhawk Venture (Skyhawk) entered into an agreement (the Agreement) with the City of Coppell (City) whereby Skyhawk agreed to escrow $345,000.00 with the City to be used for the construction of a 12'x 8' box culvert along the western boundary of Woodside Village Shopping Center and continue north past the Boorhem and Hinkley tracts. When the Boorhem and Hinkley tracts were platted, the City agreed to assess those owners on a linear foot basis for the cost of the box culvert and return that amount to Skyhawk. Shortly after the Agreement was signed, the Coppell High School announced their plans which included building the downstream portion of the box culvert. Since this would allow construction of the section of the box culvert addressed in the Agreement between Skyhawk and the City, Skyhawk requested that the City waive the requirement for Skyhawk to escrow the $345,000.00 and Skyhawk would proceed with design and construction of the box culvert. However, because of the impact of the new trench safety laws, the soil conditions on site and the depth of the cut to install the box, the low bid came in at $701,000.00. In order to proceed with an adequate drainage system we propose to amend the Agreement to allow the following: (1) Skyhawk will design and build a double 12' x 4' box culvert from Sandy Lake Road to the northern boundary of the Woodside Village Tract. From the northern boundary of Woodside Village to the existing box culvert, Skyhawk will grade a temporary channel. Office address: 10939 Shady Trail · Dallas, Texas 75220 Page 2 June 27, 1989 Mr. Doyle (3) Skyhawk will waive any reimbursement due from ?,he work on the channel north of Woodside Village. This plan will allow us to proceed within the $345,000.00 budget and alleviate the drainage problems we have recently experienced in this area. I am available to meet with you at your convenience to answer any additional questions you may have. Sincerely yours, SKYHAWK VENTURE CONNELL DEVELOPMENT CO., MANAGER Mark W. Connell AGREEMENT Skyhawk Vent:ure, .HEr. THIS AGREEMENT made between/Connell Development Co,/(ConneU) of Dallas County, Texas, and the City of Coppell, Texas,(City); WITNESSETH: manager WHEREAS, Connell is the ~waa~ of that tract of land shown on Exhibit 1, which said Exhibit is attached hereto and made a part hereof for aU purposes; and WHEREAS, Connell has filed Exhibit I as a preliminary subdivision plat and the City Council of the City of CoppeU has heretofore approved said preliminary subdivision plat subject to development of a drainage plan satisfactory to the City Engineer; and · WHEREAS, the original drainage plan requested by the City Engineer included the construction of a 10-foot by 8-foot single concrete box culvert (box culvert) along the west end of the Connell tract as.shown on Exhibit I between Point A and Point i~, said box culvert constituting the required improvement on said property necessary to handle the drainage across said property u~oon complete buildout and development upstream properties and the Connell tract; and WHEREAS, it has been determined that the box culvert If constructed at this point in time would be deeper than the natural drainage area to the north (downstream) and would form a e~llecting reservoir until such time as the downstream property is developed with a similar connecting box culvert; and that this condition makes it not feasible to construct the box culvert on the ConneU property until the box culvert can be extended to the north across property now owned by Mr. and Mrs. Boorhem Immediately to the north and the Hinekley property Immediately north'of the Boorhem property; and WHEREAS, it appears that the Boorhem property, the Hlnekley property, as well as Lot 3 shown on the Connetl tract are not presently ready for development, but that Lots 1, 9. and 4 of the Connell tract are ready for present development; and WHEREAS, engineering data supplied to the City by ConneH shows that the. o~ the box culvert at this time and that' drainage attributable to said Lots l, 2 and 4 (ineludlng present drainage from property upstream from the ConneH tract) can be handled by using the existing channel located at the west side of the Conn'eU tract, ~*PELL/CONNELL AGREEMENT CK86-1211 - Page 1 and that sei___dd box e~lvert from Point A to Point B on Exhibit I will not be required un,__[t!! additional drainage is created by the development of Lot 3 end the development of properties upstream from the Connell tract; and WI1ERE/L~, Connell has therefore requested the City to approve the final platting of its subdivision in two (2) phases, the first phase to include bots 1, 2 and 4 and the second phase to be comprised of Lot 3 on Exhibit 1; that said first phase be approved based upon Connell's engineering plan in regard to drainage, which provides that adequate site drainage may be accomplished by using the existing channel loeated et the west side of time Connell traet end that Phase Two consisting of Lot 3 of Exhibit ! be approved subject to the drainage eonditions hereinafter set out. NOW, TEIEREFORE, in consideration of the mutual covenants herein expressed, the parties agree es follows: 1. That Connell will amend its preliminary plat so that when it is presented for final plat approval {t will be submitted in two (2) phases, each phase to constJtuU~ a separate and distinct final plat for recording purposes; that the City Engineer will, pursuant to directions from the City Council, approve such preliminary plat pursuant to the drainage plan set forth herein. Phase One shall consist of Lots I, 2 and 4 as shown on Exhibit I attached hereto, and Phase Two shall consist of Lot 3 as shown on Exhibit I. Provided, however, other language herein notwithstanding~ Connell reserves the right to submit the lots listed in Phase One es separate final plats for reeordinl~ purposes as opposed to being limited to one single final plat. 2. Connell shall /urnish to the City copies of its engineering r. eport end engineering data evidencing that the existing drainage channel located at the west side of the Connell tract will provide adequate drainage after Phase One is fully developed and will not cause material damage to downstream property owners, including the property owned by Boorhem end Hinckley. Connell further agrees that Connell shaH. indemnify and save harmless the City of Coppell, its officers, employees and agents from and against all'losses and aU claims, demands, payments, suits, actions, costs, and Judgments of every nature and deseripUon COPPELL/CONNELb AGREEMENT CK86-1211 - Page 2 recovered against City resulting from storm water damage to properties downstream from said Connell tract or brought against City beeanse of the approval of the subdivision plats mentioned herein and drainage plan, and Connell shall have the right to participate in any such litigation and to be represented by its own counsel. 3. Connell agrees to file a deed restriction in regard to the Phase Two property requiring that the owner of said property, prior to owner's request for the issuance of any building permit, shall construct the box culvert required by the City if such be reeomended to the City Council by the City Engineer, and place on the face of owner's subdivision plat a notice that said property is burdened with this obligation. Said deed restriction shall provide that such restriction may not be removed without first obtaining approval qf the City Council of the City of Coppell, Texas. 4. Connell further agrees that it will upon approval of the final plat of Lot 2 or Lot 3, place in escrow with the lnclependenc Bank of Coppell the sum of Three Hundred Forty-five Thousand Dollars ($345,000.00), or an irrevocable letter of credit in such amount (LC) to be issued to ConneU by M Bank Dallasr same to be payable to City all upon the following terms and conditions: a. Said sum of money or (LC) to be held in eserow for use at a later time, such time to be determined at the sole discretion of the City Council of the City of Coppell, Texas, based upon recommendation of the City Engineer, for the construction of the 10-foot by 8-foot single concrete box culvert, described on Exhibit 2 attached hereto, from Sandy Lake Road to Willow Lane, which will entry the box culvert from Point A on Exhibit 1 through the Hinckley property to point C on Exhibit i, said distance ~ being approximately 568 feet across the ConneU tract, 472 feet aero~ the Boorhem tract and 196 feet across the Hinekley tract. In the event some other' drainage plan is adopted to handle the drainage obligation of the Boorhem tract or the Hlnekley tract City may at Its discretion determine that the escrow fund is t~ be used only to co. truer the box culvert aeeoa~ the Connell tract and in such event the escrowed fund shall be used only COPPBLL/CONNELL AGREEMENT CK86-1211 - Page to the extent necessary to eonstruot the box culvert aeross the Connell tract. That the City of Coppell shaU enter into a separate pro rata agreement with Connell, which will provide that if the escrow money is used to eonstruet the box culvert beyond the ConneU property and across the 13oorhem and/or itinekley properties, and if within 1.0 years thereafter, the Boorhem or Hinekley properties are subdivided or otherwise developed in sueh a way that would require the box culvert across their properties had it not already been eonstrueted, the City will, before approval of any subdivision plat or the issuance of any building permit on the lloorhem property or Hinekley property, require the owners of said property to pay to the City such property's pro rata cost for construction of the box culvert determined in accordance with Exhibit 2 herewith~ which said amount forthwith shaU be reimbursed to Connell. Interest on said escrow deposit, if any~ shaU enure to the benefit of Connell and may be drawn down by Connell as it aeerues. The eost estimate for the box culvert construction from 8andy Lake Road to Willow Lane, which will take it through the Hinekley property and which will form the basis of the pro rata agreement and cost per property owner based upon frontage of box culvert, is attached hereto as Exhibit 2 and made a part hereof for mil purposes. Draws from the escrow deposit mentioned herein shall require signature of a representative of both Connell and City. Any portion of the escrow deposit no'required for the construction of the box culvert shall be returned to ConneU forthwith upon eonpletlon of the construction hereof.' 5. The term of this agreement is 15 }'ears and if same shall not then have been full}' performed shall expire. COPPBLL/CONNELL AGREEMENT CK86-i211 - Page 4 6. This agreement is binding upon and shall enure to the benefit of ali sueeessors of each party hereto. EXECUTED this llth day Decembers 1986. ATTEST: ' - ~ity-S.~r. etary SKYHAWK VENTUREs 'Kevtn C. ~htte Title Vice Pte~ideB: Ed Po~ell, City EnginL~at~Cily._ of Coppell, Texas Frank Trando, Acting City Manager, City of CoppeU l~r~vre~e W. Ja'~l~s~ity A'ttorney CK86-1211 COPPEI, L/CONNEI,[, AGREEMENT CK86-1211 - Page $ **. I ~ ~xxx xxx: . " ...... \ \ \ \ P&P.W.O. No. 3354-85-10-6 Connell Skaggs AddlUon December 5, 1988 COST ESTIMATES FOR BOX CULVERT CONSTRUCTION FROM SANDY LAKE/tOAD TO "WILLOW LAI~IE" Length = 1234' Breakdown by Owner: Connell Boorhem Hinckle7 lO' r 8' Single Box Culvert Pre-Cast: (at $270fLF) Box Culvert Upstream TransiUon Downstream Transition $$6* · 472' 196' Cost Per Property Owner Based on Frontage of Box Connell .46 (345,000) Boorhem .38 (345,000) Hlnekley .16 (345,000) 46% 38% 16% $335,000.00 5,000.00 5,000.00 $159,000.00 $131,000.00~-- $ 55,000.00 3354/WD1001 0 N W. J. Powell P.E. -- 1925-1967 W. Llewellyn Powell I~dchard L. Powell J. Michael Milllcan P.E Mict~acI D. McKenzle POWELL&POWELL Englneer~ and ConsuLtants July 24~ 1989 RE: P&P No. 3354-88-3-2 Connell Skaggs Addition; Box Culvert Along the West Property Line Mr. Russell Doyle, P.E. City of Coppell P.O. Box 478 Coppell, TX 75019 Dear Mr. Doyle: In response to H. Wayne Ginn's letter to your office dated July 17, 1989 regarding the referenced box culvert improvements, we would like to make the following comments: The ditch proposed between the north property line of the Connell Skaggs site, and the existing 10'x8' box culvert at the south line of the high school site, is temporary until such time as the proposed box culvert is extended northward. As correctly pointed out in Mr. Oinn's letter, this ditch does not meet City of Coppell Standards or Subdivision Ordinance Requirements, and is not adequately sized to handle the anticipated ultimate runoff. However, it is an improvement over the current drainage situation in this area. If you have any questions, please give me a call. Very sincerely, JAK:ck POWELL & POWELL Jr., P.E. ce: Mr. Mark Connell - Connell Development Co. Mr. H. Wayne Ginn - Ginn, Ine. 3354/0623 3988 North Central Expressway, Suite 1130 / Dallas, Texas 75204 / (214) 522-4660 GINN, INC. ~u1¥ 1~, 19~ Mr. Russell' Doyle, P.E. City of C~ppell P.O. Bo~ 478 Coppel/, TX 75019 Re: Connell Skaggs Addition Box Culvert Along West Property Line Dear Mr. Doyle: CONSULTING ENGINEERS JUL I 3 1989 Pursuant to your request for review of the above referenced project, we offer the following comments. We reviewed the plans submitted by Powell and Powell, in conjunction with the attached letter. In a cursory review we found the following: 1. In lieu of a 10'x8' box culvert from Sandy Lake Road northward to north of Willow Lane, proposal is to construct 2-12'x4' box culverts along Connell Skaggs Addition; open channel with 3 to i side slopes along Boorhem property; and, open channel with 1.5 to i side slopes along Hinckley property. 2. If the 2-12'x4' boxes were extended the full length, (ie., no open ditches) and connected to the 10'x8' at Willow Lane, then from a hydraulic standpoint there would be no appreciable difference in what was previously proposed and what the revision in proposing. 3. The ditch along Hinckley's property is not adequately sized to handle the anticipated flows. 4. Both ditches, as proposed, do not meet City of Coppell standards, criteria, or subdivision ordinance requirements. Other than stated above, we have no further comments or concerns. Should you have any questions, please contact us. Sincerely, H Wayne Glnn, P E HWG/GF/dsp cc: Jim Koch, P.E., Powell and Powell Mark Connell, Connell Development Co. 17103 Preston Road · Suite 100 · LB 118 · Dallas, Texas 75248 · Phone 214/248-4900 Dear Mr. Doyle: POWELL&POWELL En~nee~ and Consultants June 22, 1989 RE: P&P 3354-87-1-2 Counell Skags Addition Box Culvert ~19[H~West Property Line JUl I 3 1989 Enclosed for your use and review, as requested by Mark Connell, are three sets of prints of Powell & Powell Drawir~s S-1410.02 - .04, Drainage Improvements, Connell Skags Addition. These plans have been revised in red to indicate a 2-12'x4' multiple box culvert from Sandy Lake Road to the north property line of the Connell Ska~,s Addition, with an open channel with side slopes, varyin~ from 1.5:l to 3:1 from the Connell Skaggs north line, northward, to an existing 10'x8' box culvert near the north line of the Hinckley treet. If you have any questions, please ~ive me a call. Very sincerely, POWELL & POWELL A. Koch, Jr., P.E. JAK:ek enclosures ce: Mr. Mark ConneL! - Connell Development Co. w/prints 3354a/0607 ~ 3988 North Ccnfral Expressway, Suite 1130 / Dallas, Texas 752O4 11214) S22-46~0 P.O. Box 478 Coppell, Texas 75019 214-462-0022 August 7, 1989 Mr. Mark Connell Connell Development ?. O. Box 541057 Dallas, Texas 75354-1057 RE: CONNELL SKAGGS ADDITION/PROPOSED REVISED AGREEMENT WITH CITY COUNCIL Dear Mr. Connell: Enclosed is a mailing received from your Engineer. Aa you and I discussed, I am awaiting your letter of request to include what you want to present to the City Council, [i.e. the specific original agreement, amendments to it, exhibits, etc...). As I indicated, we would need fifteen (15) copies of any thing that is larger than 8 1/2 X 14. We can accommodate making copies for you otherwise. I must have your total package, to have Staff evaluate, so that we can provide a recommendation to the City Council on your request. I am looking forward to receiving your submittal. Thanks. Sincerely.~/~'  /~ity Engineer RRD/lsg xc: Alan D. Rail/fl, City Manager Frank Trando, Deputy City Manager/Finance Director CON POWELL&POWELL Engineers and Consultants W. J. Powell P.E. -- 1925-1967 W. Llewellyn Powell P.E. Richard L. Powell P.E. $. Michael Milllcan P.E. Michael D. McK~nzle August 4, 1989 P&P W. O. No. 3354-88-1-2 Transmittal Re: Connell Skaggs Addition, Drainage Improvements Along West Property Line Mr. Russell Doyle City of Coppell P.O. Box 478 Coppell, TX 75019 We are sending you attaehed, via U.S. Mail, the following: Copies Date No. Description I -- --- Exhibit Showing Proposed Drainage Improvements These materials are transmitted for your use as requested. If the enclosures are not as noted, or you have any questions, kindly notify us at once. Sincerely, POWELL & POiVELL ,.. J&K:ck enclosure ce: Mr. Mark Connell - Connell Development Co. LOT-K/LOT-1 3988 Norlh C~ntral Expressway, Suite I 130 / Dallas, Texas 75204 / (214) 522464so J~PPg&& HANDWRITTEN RF..~HDUR N 0 z rn The City With A Beautiful Future P.O. Box 478 Coppell. Texas 75019 214 - 462 - 0O22 August 31, 1989 Jim Connell Connell Development Company P.O. Box 541057 Dallas, Texas 75354-1057 Dear Mr. Connell: Enclosed are summons to appear in Municipal Court for falling to maintain the properly at 110 xWmt Saady ~ Road to be free of debris and stagnant water conditions. A notice dated July 19, 1989 and another dated December 30, 1988 outlined the violations under the Coppell Code of Ordinances (copies attached). PLEASE CLEAN THE WEST END OF THE PROPERTY UPON RECEIPT OF THIS NOTICE AND ABATE THE NUISANCE OF THE STANDING WATER. An inspection conducted today confirmed the tree limbs and numerous pries of paper and other domestic trash litter the area. The illegally placed wooden bin was removed at my request of two persons seen emptying it on Friday, August 25. They were warned against placing any other collection bins in Coppell without seeking the property owners' and the City's permission. If you have any questions I can be reached at 46Z-9010. The Municipal Court telephone number is 46Z-7Z00 and are open between 7:00 a.m. and 6:00 p.m. Thank you for your cooperation in this matter. Sincerely, Linda S. Varonich, R.S. Environmental Health Officer xc: Ivlunicipal Court, S. Norris (~Engineering Department, R. file (Z)