Riverview Estates-CS 930902To:
From:
RE:
Date:
MElVlO~~
Frank Trando, Interim City Manager
Kenneth M. Griffin, P.E., City Engineer
Johnny Thompson property on Sandy Lake Road (approximately 25 acres)
September 2, 1993
This memo is written to provide a follow-up concerning the recent filling on the referenced
property owned by Johnny Thompson. I have been in contact with Mr. Thompson concerning
this property since October, 1992. That contact has involved several meetings, telephone calls
and correspondence.
Recently, it came to the attention of the City of Coppell Engineering Department that fill had
been placed on the property. That fill, in essence, consists of broken brick and some dirt. I
met with Mr. Thompson on August 13, 1993 to discuss the filling of his property. Mr.
Thompson stated that he had not authorized the placement of the broken brick and the other fill
on the property and that he himself had been trying to restrict access to the property via gates
and fences. He did state that the most recent filling on the property was so near the road that
no one else could access the property to fill. He also stated that the last person to place fill on
the property even stole the gate. Mr. Thompson requested that I allow him to let the brick and
dirt remain on the property until a resolution concerning his Floodplain Permit could be reached.
Briefly, in a letter from FEMA dated August 3, 1983, FEMA's representative stated that it was
FEMA's opinion that Mr. Thompson's property was above the base flood elevation at that time
and had been incorrectly shown in the floodplain on the floodplain maps. The same letter
requested that the City of Coppell provide FEMA with a resolution amending our Floodplain
Management Ordinance to incorporate this change. That resolution was never acted on by the
City of Coppell or provided to FEMA. Therefore, the floodway was never officially revised by
FEMA. Since that time there has been development both upstream and adjacent to the Elm Fork
of the Trinity River. Our most recent maps show that the floodplain elevation has increased
approximately two foot on Mr. Thompson's property. That approximate two foot increase in
the floodplain elevation has now mused Mr. Thompson's property to be included in the
floodplain. Bear in mind that in 1983, based on topographic information the property was not
in the floodplain. However, because the property was never filled it is now lower than the
current floodplain elevation.
Mr. Thompson has continually held to the fact that he had a valid *permit' in 1983 and he
should be grandfathered and allowed to fill in his property. Remember that the 1983 letter from
FEMA was not a "permit' but only an acknowledgement that there was an error in the maps and
to correct it the City had to adopt a resolution and provide it to FEMA. To further complicate
matters, our current Floodplain Ordinance has a clause in Article 3 Section A which states
'projects which . . . have received a conditional letter of approval from FEMA prior to the
effective date of this ordinance shall be considered by the City solely on the basis of regulations
in effect at the time of the issuance of the conditional letter of approval from FEMA'. It's
questionable whether or not the 1983 FEMA letter constitutes a conditional letter of approval
from FEMA. I will be working through FEMA to try to determine if the clause in our
Floodplain Ordinance in effect grandfathers Mr. Thompson's property or if the determination
he obtained from FEMA in 1983 is no longer valid because of the rise in the floodplain elevation
of approximately two feet. ! will also obtain an opinion from our attorney as to whether or not
it's his opinion that Johnny Thompson has been grandfathered to fill his property. It's
interesting to note that FEMA issued new maps for the City of Coppell that were dated February
15, 1984 (obviously after their August 3, 1983 letter) and Mr. Thompson's property was still
shown in the 100 year floodplain and floodway.
As you can see, this is a very complicated issue. However, it would be much better to take the
needed time to resolve it correctly as opposed to litigating it in the future. I would request the
opportunity to continue to research this issue to obtain a legal opinion and an opinion from
FEMA as to how the City of Coppell should proceed with this matter. To incorrectly proceed
on this matter could have some bearing on the City's standing in the National Flood Insurance
Program and the City's currently obtained Community Rating System. The Community Rating
System allows for a 5 % reduction on all premiums for people who carry flood insurance in the
City of Coppell.
To directly address the question concerning the current fill on the property, I again spoke with
Mr. Thompson on September 1, 1993. I informed Mr. Thompson that at a bare minimum the
brick and dirt should be removed from the property and that some type of more permanent gate
or fence should be installed to restrict access to his property. Mr. Thompson stated that he was
going on vacation but that he would address this issue when he returned. I informed him that
the brick and dirt should be removed from his property no later than October 15, 1993. Mr.
Thompson informed me that he has a road access leading from Sandy Lake into his property and
that it was his intent to roll the brick into the road access to create a semi-base material for the
road so the access is not damaged during inclement weather. Also, he stated that he would
spread the dirt on his property.
I am diligently trying to bring this situation to a conclusion as it has been ongoing for ten years
now. As you can see by the above information, a hasty or an incorrect decision by the City will
most likely result in litigation on this issue. I will keep you posted and will try to bring this to
a conclusion in the very near future. If you should have any questions or concerns please feel
free to contact me concerning this issue.
file/griffin/thompson.mm