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Connell Skaggs-AG 900911tier. 4-'Z4-B9 CITY COUNCIL MEETING September 11. 1990 ITEM HO. /~ Status Report on Connell/Skaggs Drainage Improvement Project and consideration of directing Staff to initiate condemnation proceedings to secure necessary drainage easements for cons. truction.~ --PPRO VED s~WrTTED BY, .~,(.,q.~ ~/, _./~v"~'~'% STAFF REP. ,M. nest~mlal{d ( ~/rectoi~s Signature) ~ ~ REP.: EVALUATION OF IT~: DATE: Seotember 6, 1990 City Staff has been working with affected property owners to secure necessary drainage easements for construction of a proposed 10'x 8' box culvert along the western property line of Connell Skaggs Addition, Mrs. Pat Boorhem's and Mr. Glen Hinckley's properties. Please be advised that we have received the finally executed drainage easement dedication documents from Mrs. Pat Boorhem on September 6, 1990. Staff has been working with Mr. Glen Hinckley representing his uncle, Mr. Joe C. Hinckley, the owner of a parcel tract along this improvement. Mr. Glen Hinckley is requesting that the City address some plat related items as conditions attached to the dedication of the needed drainage easement. (See attached letter dated August 10, 1990). Staff has informed Mr. G. Hinckley that unless Mr. J.C. Hinckley is pursuing the platting of his property at this time, we cannot address his items. Mr. Hinckley has also requested that his uncle should not be assessed for future and present development regarding this improvement. If the City does not receive the necessary dedicated'drainage easement from Mr. Hinckley, at this time, staff recommends condemnation. BUDGET AMP.: COMMENTS: A~T. ESTIMATED: FINANCIAL REVIEWBY: A~T. +/- BUDGET: LEGAL REVIEWBY: ~gNDAREQ FORM 0588DS REVIEWED BY CH: ~ '1{o7. 4 24-B9 ]UPPORT I)OCUMENTATTON VOR AC, EN'L ITF, M S'f~P RECEIVED B'f CITY MANAGER'S OFI:ICE: SUPPORT DOCUMY~NTATION SUBMITTED WITD AGENDA ITEM: MEMOS[~/REPORT$/BILLS/MINUTES: CONTI',ACT/AGREI~EN T C. I · I?. CONTI~CT ..................... : CIIANGE ORDERS ........................ ORDINANCE ........................... : CAPTION ............................. : RESOLUTION .......................... PROCLAMATION ........................ : B1D ' LOCATION MAPS ....................... : ZONING PLANS ........................ : PRELIMINARY/FINAL PLATS ............. SITE PLANS .......................... : LANDSCAPE PLANS ..................... : ARCNITECTUP~L RENDERINGS ............ DATE PUBLISHED IN TIlE CITIZENS ADVOCATE: NOTIFICATION TO: DATE/METIIOD OF CONTACT: NOTES each 3 originals for signature 6 originals for signature 3 originals for signature 1 blueback for signature + 3 copies 1 blucback for signature + 3 copies 2 bluebacks for signature + I copy 2 bluebacks for signature + I copy each 12 12 12 12 12 12 CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM I. Item ~10 City Councll Agenda Dated= 9/11/90 II. Comments/Recommendation= Steve Goram, Shohre Daneshmend, and I met with Mr. Hinckley on Thursday, September $. Mr. Hinckley stated he no longer has any financial interest in this property, but his uncle, who is suffering from a broken hip, has asked him to represent him and speak for him in this matter. Mr. Hinckley stated that his uncle is concerned about the traffic flow along the west property line as well as the closing of Willow Lane. They feel that these roads are needed for circulation. We stated our position that the roads have nothing to do with the drainage easement and that they should deliver the easement to us immediately. As an alternative, I suggested that Mr. Hinckley plat his property, which includes the roads and the drainage easement; however, it is my opinion that they would not like to do that since it could impact some tax advantage. Mr. Hinckley stated he would deliver our message to his uncle, but that he did not wish to become involved in a controversy with the City or the City Council, and if this matter is not resolved, he would no longer represent his uncle. We will attempt to recontact Mr. Hinckley prior to the Council meeting to see if there are any new developments in the matter. We have been assured by Ms. BOorhem that her easement has been signed and will be delivered to us momentarily. conska97.com JOE C. HINCKLEY 4008 Commerce Dallas, Texas August 10, 1990 Mr. StevenjG~oram Direct~.r/6f Public Works Cit3/6~ Coppell ,P.~'"O. Box 478 Coppell, Texas 75019 75201 RE: connell-Skaggs Drainage Improvement Program Dear Mr. Goram: This letter is to clarify my understanding of the intentions of the City of Coppell in your letter of July 6, 1990, and the responses to the meeting with Glen Hinckley of May 25, 1990. As you k~ow, I support the City of Coppell's efforts to properly remedy the drainage problems created by the Connell- Skaggs Shopping Center improvements, and generally can support the proposed drainage solution. Your letter addresses, but does not completely answer the questions raised in the meeting of May 25, 1990. In an effort to bring this matter to a successful conclusion quickly, we are asking the matters addressed below be confirmed in writing: (1) that the 4.5 acre tract owned primarily by Joe C. Hinckley, will not be assessed for future or present develop- ment expenses relating to the proposed drainage structure. Our property now drains away from the area naturally and I would not want to be compelled to redirect the normal surface water flow or b~ required to use the proposed drainage structure. Your letter uses the word "any drainage discharges," and of course there could be circumstances where due to unusual surface water run-off, some minor amounts of water could be injected into the drainage structure that would not under normal course flow in a westerly direction and thereby subject the property to assessment. Further, to the west of Mills Lane is adequate capacity as was designed into the drainage structure already in place, and participation was made by Glen Hinckley in conjunction with the school district for that service. Therefore, under these circumstances, we should not be charged for access into the proposed improvements. Mr. Steven G. Goram August 10, 1990 Page 2 (2) Mills Lane (Willow Lane) is platted to our western property boundary and extends to its connection point with Mills Lane and our property line. Mills Lane had been opened and available to the public and our property for well over 25 years. It has been closed improperly, and we were lead to believe only temporarily during construction of the high school site. We are asking for confirmation today that it can be re-opened and the 50 foot right-of-way with a 37 foot roadway width are acceptable to the City of Coppell. Specifi- cally, I need to know if the concept plans attached hereto as Exhibit 1 showing these proposed widths and design are acceptable. (3) AS additional access is needed for the western portion of the property, the need for a north-south road (shown attached hereto as Exhibit 2) will occur for the sites to be developed. We would hope that the homeowners adjacent to that roadway would not oppose such a street plan, as they are receiving a direct benefit of having the drainage channel now located on their property moved easterly outside of its normal boundaries. If these items are acceptable to the City staff and council, please so indicate by return correspondence. Should you have any questions or need additional information, please do not hesitate to call Glen Hinckley at 991-4600. Very truly yours, JCH/jc Enclosures X 0 ~.j I L 2F-9 Status Report on Coppell/Skaggs Drainage Improvement Project and consideration of directing Staff to initiate condemnation proceedings to secure necessary drainage easements for construction. Acting City Engineer Shohre Daneshmand made the presentation to the Council. Ms. Daneshmand indicated that Staff is appearing before Council for authorization to proceed with acquiring the necessary dedication and easements for this drainage project. Mr. James Dunn, 162 Shadydale, Coppell, Texas, spoke and requested if the easements would be required on the property just to the west of the Skaggs drainage area or would it be located to the east of their property. Staff indicated that all drainage easements would be on the Skaggs property. Time frame for completion of this drainage project is approximately 90 days. Following discussion, Mayor Pro Tem Smothermon moved that staff be authorized to proceed with all means, up to and including condemnation, necessary to obtain easements for this drainage project. Councilman Morton seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Morton, Cow-man, Robertson and Nelson voting in favor of the motion. Item 11 Presentation of report to the City Council regarding Texas Waste Management's request for a 4% increase in rates for solid waste collection in reaction to increases in fuel prices. Public Works Director Steve Goram requested to Council that this item be postponed to the October 9, 1990 meeting, as it is not ready at the present time. Councilman Morton then moved that the item be postponed to the October 9, 1990 Council meeting. Councilman Nelson seconded. The motion carried 6-0 with Mayor Pro Tem Smothermon, Councilmen Weaver, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 12 PUBLIC HEARING: To consider approval of a zoning change from (C) Commercial to (C-S.U.P.) Commercial Special Use permit, Case #S-1049, for the operation of a grocery store, located approximately 488 feet west of Samuel Boulevard and Sandy Lake Road, at the request of Food Lion, represented by Mr. Rice Williams. Director of Planning & Community Services, Gary Sieb, made the presentation to the Council. Mr. Sieb indicated that the Planning and Zoning Commission recommended unanimous approval of this zoning change. Mr. Sieb indicated that the applicant has addressed typical concerns of building location, signage, landscaping, facade design as well as other site-specific items. Landscaping standards mandated by city ordinance are minimum standards. If the special use is granted, a more extensive landscape treatment would be recommended. Mr. Sieb indicated that the Staff does feel that, although the use is appropriate for Coppell, Staff's feeling is that the location is not, since there is already a vacant site just across Samuel Boulevard to the East. While it has been stated that this site, Georgetown, is structurally unsound, Staff cannot verify this statement. The applicant has indicated that the design of the Georgetown Center does not lend itself to their existing design. Mr. Rice Williams, representing Food Lion, was also present to discuss this item with the Council. Mayor Wolfe declared the Public Hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed zoning change. Those persons speaking were Mr. Neal Page 4 of 8