Cottonwood Est-AG 940614 · CR~ With ^ Bmlutilul Futura
CITY COUNCIL MEETING:
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an ordinance abandoning a portion of a floodway easement on Lot 7, Block
A Cottonwood Estates (149 Cottonwood Drive) in exchange for dedication of a drainage easement
to the City of Coppell and entering into an agreement for the property owner to construct an
enclosed drainage system and authorizing the Mayor to sign.
SUBMITTED B~'~. Kenneth M. Griffin, P.E.
TITT.,E: "----Assistant~fMmmger/Cl't~" E~gineer
STAFF COMMENTS:
See attached memo.
STAFF RECOMMENDATION
A
CITY
DATE
Denial
EXPLANATION:
Staff will available to answer any questions concerning this issue.
BUDGET AMT. $
FINANCIAL COMMENTS
AMT. EST.$
+/- BUD:$
FINANCIAL REVIE~~
Agenda Request Fora - Revved 1/94
/ '
/
CITY MANAGER REVI
MEMORANDUM
To:
From:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Assistant City Manager/City Engineer
Consider approval of an ordinance abandoning a portion of a floodway easement
on Lot 7, Block A Cottonwood Estates (149 Cottonwood Drive) in exchange for
dedication of a drainage easement to the City of Coppell and entering into an
agreement for the property owner to construct an enclosed drainage system and
authorizing the Mayor to sign.
Date: June 6, 1994
The City of Coppell Engineering Department has been approached by an engineer representing
the owner of the property at 149 Cottonwood Drive to determine the feasibility of abandoning
an easement on the site in exchange for an additional easement on the same tract of land and a
commitment that the drainage will be put underground. A set of construction plans has been
submitted for the improvements and has been reviewed by various departments within the City.
Those plans are nearing the approval stage.
The property owner is wishing to relocate the drainage easement to better utilize his property.
The current easement cuts diagonally across the property. The relocated easement will be along
the southern property line of his property thereby creating more buildable/developable area on
the lot. Also, as a benefit to the City, the property owner has committed to put the drainage in
an underground system. This will alleviate any maintenance necessary on the existing ditch that
cuts through the property by either the property owner or by the City. The City of Coppell
Engineering Department has reviewed this request and the construction plans and recommends
approval of the abandonment in exchange for an additional easement and the construction of an
underground drainage system.
Staff will be available to answer any questions concerning this issue.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A PORTION OF A FLOODWAY EASEMENT DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF FOR
ALL PURPOSES; PROVIDING THAT THE ABANDONMENT OF SUCH
FLOODWAY EASEMENT IS IN EXCHANGE FOR DEDICATION OF A
DRAINAGE EASEMENT TO THE CITY OF COPPELL AND AGREEMENT
TO CONSTRUCT AN ENCLOSED DRAINAGE SYSTEM THEREIN;
DETERMINING THE MARKET VALUE OF EACH TRACT EXCHANGED;
PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS
ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS
OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has determined that a
certain floodway easement is no longer needed or necessary for floodway purposes by the
City; and
WHEREAS, the City desires to abandon such floodway easement to the abutting
owner in consideration of the dedication of a drainage easement as described herein; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That for and in consideration of the dedication of a drainage easement,
the metes and bounds description of which is attached hereto as Exhibit "B" and made part
hereof for all purposes, and in consideration of the agreement of the abutting owner to
construct an enclosed drainage system therein in accordance with City standards, the City
of Coppell hereby abandons and quitclaims in favor of Stan Waldrop, the abutting owner,
all that certain tract or parcel of land more particularly described in Exhibit "A" attached
hereto and made part hereof for all purposes, the same as if fully copied herein.
SECTION 2. That the rights being abandoned in the property described herein are
for a floodway easement, and the City of Coppell does not abandon any other interest other
AGG056CB
than that described in Exhibit "A", but does hereby abandon all of its right, title or interest
either in fee simple or by easement, or otherwise, in the described property in Exhibit "A",
together with any and all improvements thereon.
SECTION 3. That upon delivery of an appropriate drainage easement deed by Start
Waldrop to the City of Coppell for the interest being exchanged hereby and a letter
agreement from the said Stan Waldrop to construct an enclosed drainage system therein in
accordance with City standards, the City Secretary is directed to prepare a certified copy of
this ordinance and furnish the same to Stan Waldrop, and the recording of this
abandonmem ordinance in the real property records of Dallas County, Texas, shall serve as
a quitclaim deed of the City of Coppell, Texas, to Stan Waldrop of such right, title or
interest of the City of Coppell in and to the floodway easement described in Exhibit
either in fee simple or by easement, or otherwise.
SECTION 4. This Ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the { ~ ~ay
of ,1994.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
CITY SECRETARY,
AGG056CB
APPROVED AS TO FORM
ROBERT L. DILLARD III, CITY ATrORNEY
(Rl.D/clda 6-3-94)
AGG056CB
0.093 AC. (4,032 SQ.FT.)
PROPOSED DRAINAGE EASEMENT
LOT 7 BLOCK "A" COTTONWOOD ESTATES
FN. NO. 94-069(PTR)
APRIL 28, 1994
BPI JOB NO. 3001-13.00
DESCRIPTION
OF A 4,032 SQ. FT. (0.093 ACRE) TRACT OR PARCEL OF LAND SITUATED IN
THE THOMAS L. HOLLAND SURVEY ABSTRACT NO. 624, DALLAS, TEXAS'AND
BEING OUT OF LOT 7, BLOCK "A" COTTONWOOD ESTATES, A SUBDIVISION OF
RECORD IN VOLUME 78225, PAGE 0023 OF THE DALLAS COUNTY PLAT
RECORDS, SAID 0.093 BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at an "x" found cut in concrete in the northwesterly line
of Cottonwood Drive (60' R.O.W.) at the southernmost corner of said
Lot 7, same being the easternmost corner of Lot 6, Block "A"
Cottonwood Estates;
THENCE, N56"23'52"E, leaving the northwesterly line of Cottonwood
Drive, along the southerly line of said Lot 7, same being the
northerly line of said Lot 6, a distance of 148.40 feet the a point
of curvature of a curve to the right;
THENCE, leaving the southerly line of said Lot 7, over and across
said Lot 7, the following four (4) courses and distances:
1)
Along said curve to the right having a radius of 174.57 feet,
a central angle of 18"30'22", an arc distance of 56.45 feet,
and a chord which bears N47"08'41"W, a distance of 56.20 feet
to a point in the easterly line of a Floodway Easement and
Building Line of record in Book 78225, Page 0023 of said
Dallas County Plat Records;
2)
N52"06'30"E, along said Floodway Easement and Building Line,
a distance of 20.00 feet to a point for the beginning of a
non-tangent curve to the left and the northernmost point
hereof;
3)
Along said non-tangent curve to the left having a radius of
154.75 feet, a central angle of 18"30'22", an arc distance of
49.99 feet, and a chord which bears S47"08'41"E, a distance of
49.77 feet to the point of tangency;
4)
S56"23'52"W, a distance of 148.40 feet to a point in the
northwesterly line of Cottonwood Drive, same being the
northeasterly line of said Lot 7 and from which a 1/2 inch
iron rod found at the northeast corner of said Lot 7 bears
N33"36'08"E, a distance of 325.96 feet;
THENCE, S33"36'08"W, along the northwesterly line of Cottonwood
Drive, same being the northeasterly line of said Lot 7, a distance
of 20.00 feet to the POINT OF BEGINNING, containing an area of
0.093 acres (4,032 sq. ft.) of land, more or less, within these
metes and bounds.
BURY & PITTMAN, INC.
ENGINEERS-SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
THAT I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR,
DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED
HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY
STATE OF TEXAS
SKETCH TO ACCOMPANY DESCRIPTION
Of 0.093 ACRES (4,O32 SQ. FT.) FOR
PROPOSED DRAINAGE EASEMENT
LEGEND
O 1/2" IRON ROD FOUND
A CALCULATED POINT
POB = POINT OF BEGINNING
POC -- POINT OF COMMENCMENT
0 30 60 90 120
1"=60'
CURVE TABLE
No. Delto Rodiu~ ~Arc Lenath Chord LenGth Chord Bearing
Cl 18'30'22" '174.75 ~ 56.45 56,20 N47'O8'41"W
C2 18'30'22" 154.75 149.99 49.77 ~S47'08'41"E
LOT 7 BLOCI~ "A"
LOT O COTTONWOOD ESTATES LOT
BOOK 78225, PG, 0023
N52'06'~O"E
2~.00' ~
r~.].]; ~C2 ~ __
FLO~WA y EASEMENT
. ~.'.'.'. ~ ,
Z .... ~ ' ~ O. 147 ACRE POR~ON
.'.'.'. '[ OF EXISTING EASEMENT
.'.'.'. / TO BE RELEASED
20' ~ '.'.'.' ~ / ~ ,'
' ' ' 30 BUILDING LINE
~X" F~ ....
P.O.8. S33'3~'08~W
oo, COTTONWOOD D BIVE
LOT 10
~ury+Pittmanor o.o,~ ac~, ~.o~ sa. r~ ro~ S TAN
o~ ~o, r .~oc~ ~ co~,o,w~ WALDROP
ESTATES, DALLAS COUNTY, TEXAS
o,,~: o,/~o/~,l,,~w, ,,: ~.~."-I ~'[[: .:x~oo,x,~x,oo,,,.~.ow~ I~..o. o,-o,o (,.T.,.)I ,,O~CT ,o.: ~oo,'-,,.o0
0.147 AC. (6,398 SQ.FT.)
RELEASE OF FLOODWAY ESMT.
LOT 7 BLOCK "A" COTTONWOOD ESTATES
DESCRIPTION
FN. NO. 94-068(PTR)
APRIL 28, 1994
BPI JOB NO. 3001-13.00
OF A 0.147 ACRE (6,398 SQ. FT.) TRACT OR PARCEL OF LAND SITUATED IN
THE THOMAS L. HOLLAND SURVEY ABSTRACT NO. 624, DALLAS COUNTY, TEXAS
AND BEING OUT OF LOT 7 BLOCK "A" COTTONWOOD ESTATES, A SUBDIVISION
OF RECORD IN VOLUME 78225, PAGE 0023 OF THE DALLAS COUNTY DEED
RECORDS, SAID 0.147 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING at an "x" found cut in concrete in the northwesterly
line of Cottonwood Drive (60' R.O.W.) at the southernmost corner of
said Lot 7, same being the easternmost corner of Lot 6 Block "A"
Cottonwood Estates;
THENCE, N33°36'08"E, along the northwesterly line of Cottonwood
Drive, same being the northeasterly line of said Lot 7, a distance
of 14.80 feet to the POINT OF BEGINNING;
THENCE, leaving the northwesterly line of Cottonwood Drive, over
and across said Lot 7, the following four (4) courses and
distances:
1) N28°20'00"W, a distance of 194.20 feet to an angle point;
2) N39"39'00"E, a distance of 43.15 feet to an angle point;
3) S28"20'00"E, a distance of 83.86 feet to an angle point;
4)
S16"47'30"E, a distance of 120.47 feet to a point in the
northwesterly line of Cottonwood Drive, same being the
northeasterly line of said Lot 7 and from which a 1/2 inch
iron rod found at the westernmost corner of said Lot 7 bear
N33"36'08"E, a distance of 313.14 feet;
THENCE, S33"36'08"W, along the northwesterly line of Cottonwood
Drive, same being the northeasterly line of said Lot 7, a distance
of 18.02 feet to the POINT OF BEGINNING, containing an area of
0.147 acres (6,398 sq. ft.), within these metes and bounds.
STATE OF TEXAS
COUNTY OF TRAVIS
KNOW ALL MEN BY THESE PRESENTS
THAT I, JOHN T. BILNOSKI, A REGISTERED PROFESSIONAL LAND SURVEYOR,
DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THE PROPERTY DESCRIBED
HEREIN WAS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY
DIRECTION AND SUPERVISION.
BURY & PITTMAN, INC.
ENGINEERS-SURVEYORS
3345 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
JOHN~'1. BILNOSKI, R.P.L.S.
NO. 4'998
STATE OF TEXAS
SKETCH TO ACCOMPANY DESCRIPTION
OF 0.147 ACRE (6,398 SQ. FT.) FOR
PARTIAL RELEASE OF FLOODWAY EASEMENT
, , LEGEND
· 1/2" IRON ROD FOUND
· ~ CALCULATED POINT
PCB = POINT OF BEGINNING
POC = POINT OF COMMENCMENT
0 50 60 9O 120
1 "=60'
I
LOT 6 LOT 8
LOT 7 BLOCK. "A"
COTTONWOOD ESTATES
BOOK, 78225, PG. 0023
· I ~ O~WAY
~:'~' RELEASE OF FLOODWAY i
~, '[~v
- .~ -~~' ........................
- .- ~.o~ COTTONWOOD DRIVE ~o ~.o.w.>
LOT ]0
SKETCH TO ACCO~AN7 DESCRIPTION OF
Bury+Pittman o.~47 .c.~ ,s.~o. sa. rt, to....T,.~ S TAN
Coa~El lali.~er~ ~ iu~io~ RELEASE OF FLOODWAY EASEMENT OUT OF
,~,-,.,,,,=-,~.,,,,=- ~OT ~ .LOC.. CO~O.WOO. ~S~*T~S WALDROP
DALLAS COUNTY, TEXAS
At this time Item 28 was considered. See Item 28 below for minutes.
e
Citizen's Appearances
Chuck Sturges, 132 Newport Drive, expressed his support and appreciation for City
Manager Jim Witt.
Leslie Fetchen, 733 Cardinal Lane, Chairman of the "Half a Cent Makes Sense"
Committee, addressed the Council concerning the half cent sales tax.
Pat Moriarty, 156 Meadowglen Circle, spoke to Council regarding modification of the
Building Ordinance.
Kathleen Roach, 444 Cooper Lane, along with many City Employees, presented a
Proclamation to City Manager Jim Witt expressing the Staff's appreciation for his
contributions to the City.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 17, 1994
May 24, 1994
Bo
Consideration and approval of a Proclamation naming the week of
June 5, 1994 as NATIONAL SAFE BOATING WEEK and authorizing
the Mayor to sign.
Ce
Consideration and approval of a Resolution appointing the City's
Election Judge and Alternate Judge for a Sales Tax Election to be held
Saturday, August 13, 1994 and authorizing the Mayor to sign.
De
Consideration and approval of authorizing a reimbursement to
Blooming Colors Nursery and Landscaping, Inc. in the amount of
$204.00 for the difference in cost from a 12" water line to a 10" water
line in accordance with the Subdivision Ordinance.
Ee
Consideration and approval of final accePtance of the soccer field
lighting project, located at Andrew Brown, Jr. Community Park, West,
and to approve payment of $3,983 for retainage funds to Dean Electric,
Inc.
Consideration and approval of awarding Bid Q-0494-01 to Dean
Electric, Inc. for the construction and installation of lighting for two
baseball fields located at Coppell Middle School, west campus off
Wrangler Road, in the amount of $53,000.
Ge
Consideration and approval of awarding Bid Q-0494-03 for purchase of
water/wastewater system materials to Industrial International, Inc. of
Dallas, Texas, in the amount of $27,475.11 and Metro Valve and Pipe
of Dallas, Texas, in the amount of $21,110.76 for a total not to exceed
$48,585.87.
H. Consideration and approval of an ordinance abandoning a portion of
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J®
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a floodway easement on Lot 7, Block A Cottonwood Estates (149)
Cottonwood Drive) in exchange for dedication of a drainage easement
to the City of Coppell and entering into an agreement for the property
owner to construct an enclosed drainage system and authorizing the
Mayor to sign.
Consideration and approval of an ordinance annexing 1.06 acres of land
located along the west side of Denton Tap Road and generally north of
Highland Road in Lewisville, and authorizing the Mayor to sign.
Consideration and approval of an ordinance annexing 3.79 acres of land
located along the north side of East Beltline Road, in close proximity to
our existing eastern City Limit line, and authorizing the Mayor to sign.
Consideration and appointment of Friedman & Associates as special
counsel for the City of Coppell in the Robinson, Kamwell Inc., and
Lone Star Country Club, Inc. claim.
Consideration of a variance from Section 10-5-3 A and B of the CoppeH
Sign Ordinance which addresses allowable areas and projection for
attached signage. This request is made by Chandler Signs on behalf of
the Blockbuster Video being constructed at Riverchase Plaza Shopping
Center to allow two attached signs totaling 695 sq. ft. or a variance of
555 sq. ft. over the allowable area. The applicant also request a 6"
variance to increase the allowable projection from 18" to 2'-0" from the
face of the building.
Consideration of a variance from Section 10-8-4 of the Coppell Sign
ordinance which addresses the requirement for a building permit or
utility construction permit to be issued prior to allowance of a
temporary construction sign advertising the coming of a new business.
This request is made by Mr. John L. Schoenthaler on behalf of "Kids
R Kids" for lots D and E of the Riverchase Shopping Center, a tract
located on the south side of Riverchase Drive approximately 400 ft. east
of South MacArthur Blvd.
Consideration and approval of White Glove Express. Final Plat, located
along the east side of Denton Tap Road, approximately 930 feet north
of Vanbebber Road, at the request of Mr. Lenny Poulsen.
Consideration and approval of an Ordinance of the City of Coppell,
Texas, amending Chapter 8, Section 8-3-5C1, to prohibit parking,
standing or storage of any truck, trailer, bus, or other recreational
vehicle over thirty-three (33') in length; providing a repealing clause;
providing a severability clause; providing a savings clause; providing a
penalty of fine not to exceed the sum of two hundred ($200.00) dollars
for each offense; and providing an effective date, and authorizing the
Mayor to sign.
Consideration and approval of an Ordinance of the City of Coppeli,
Texas, amending the Code of Ordinances of the City of Coppeil, Texas,
to comply with State Law §252.021 and §252.048 of the Texas Local
Government Code, by amending Section 1-5-6 to authorize the City
Manager to contract for expenditures without approval of the City
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Council for budgeted items not to exceed the sum of fifteen thousand
dollars ($15,000.00), and to approve change orders not to exceed fifteen
thousand dollars ($15,000.00) without approval of the City Council;
providing a repealing clause; providing a severability clause; and
providing an effective date; and authorizing the Mayor to sign.
Item 8 L was pulled for further consideration.
Items 8 A, B, C, D, E, F, G, H, I, J, K, M, N, O and P --
Mayor Pro Tem Robertson moved to approve Items 8 A through K and M through P.
Councilmember Watson seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in
favor of the motion.
Item 8 L --
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Walter Finninger, representing Blockbuster Video, 3608 Cedar Lane, Farmers Branch, addressed
the Council regarding the design of the sign in question. Jack Milner, part-owner of Blockbuster
Video also made a presentation to the Council. After lengthy discussion, Mayor Pro Tem
Robertson moved to approve Blockbuster Video request of the sign ordinance and allow a
variance of the sign to fill between the pillars on each side of the building of approximately 40
feet and to reduce the tom-ticket emblem in the center to a 50-square foot maximum.
Couneilmember Sheehan seconded the motion; the motion carried 5-1 with Mayor Pro Tem
Robertson and Councilmembers Alexander, Stahly, Watson, and Sheehan voting in favor of the
motion, and Councilmember Reitman voting against the motion.
Discussion and consideration of appointing a Councilmember as Liaison to the
Cable Review Board.
Councilmember Watson moved to appoint Councilmember Reitman to serve on the Cable
Review Board. Councilmember Stably seconded the motion; the motion carried 6-0 with Mayor
Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan
voting in favor of the motion.
10. Presentation by Judge Marian Moseley on state of our Court.
Judge Marian Moseley addressed the Council regarding the status of the Court activities for the
past year.
11. Consideration and appointment of citizen to the Housing Task Force.
Councilmember Stably moved to appoint Chuck Sturges and Patrick Keenan to the Housing Task
Force. Councilmember Reitman seconded the motion; the motion carried 6-0 with Mayor Pro
Tern Robertson and Councilmembers Alexander, Stably, Watson, Reitman, and Sheehan voting
in favor of the motion.
12.
PUBLIC I-IEARING:
To consider approval of a zoning change request from C (Commercial) to
PD-SF-9, (Planned Development-Single Family-9), PD-132, MacArthur Park
Addition, located along the east and west side of MacArthur Boulevard and
along the north side of Denton Creek, at the request of Vista Properties, Inc.
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