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Connell Skaggs-AG 890912R~. 4--24-89 AGENDA REQUEST FORN ITE~ CAPT]'ON: Discussion and consideration of approving the "Agreement" made between Skyhawk Venture:~ C6~n%i'L Co., Manaqer and the City and authorizing the Mayor to sign. EVALUATION OF ITEM: As per the attached correspondence'? Mr. Development Co. is requesting that.-tha::CLt~ referenced agreement[ see attached~-iet~e'~ Included in this package are cop~es. be%ween Powell & Powell Engzneering'repr~ssntat ant Engineer, Ginn Inc. Attached you also find a copy ~of lette~ mental Health Officer Eo ConnelI regarding the vlolas~ons under the res~ consult- ' BUDGET AMT. COMMENTS: Ah"r-' ESTIMATED.~:: ~::i:~, R~X~. ~-24-89 SUPPORT DOCUMENTATION FOR A~ENDA ITEM STAMP RECEIVED BY CITY MANAGER'S OFFICE: SUPPORT DOCUMENTATION SUBMITTED WITH AGENDA ITEM: MEMO S / LETTERS/REPORTS / BILLS/MINUTES: CONTRACT/AGREEMENT ................. : C I P CONTRACT · CHANGE ORDERS - ORDINANCE ........................... : CAPTION ............................. : RESOLUTION .......................... PROCq.AMATION ........................ : LOCATION MAPS ....................... : ZONING PLANS ........................ : PRELIMINARY/FINAL PLATS ............. : SITE PLANS .......................... : LANDSCAPE PLANS ..................... : AR~{ITECTUP~L RENDERINGS ............ : DATE PUBLISHED IN THE CITIZENS' ADVOCATE: NOTIFICATIONTO: DATE/METHOD OF CONTACT: NO. 3 ori 6 12 12 12 12 12 cepils copies copy, NOTES Connell Development Company P.O. Box 541057 · Dallas, Texas 75354-1057 · (214) 357-4694 August 17, 1989 'Mr. Russell Doyle City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Re: Agreement between Skyhawk _nture and 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: Skyhawk will design and build a dbuble 12' x 4' box culvert from Sandy Lake Road to the northern boundary of the Connell Skaggs Addition. 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 DEVELOPMENT CO., MANAGER Mark W. Connell MWC/ac enclosures Office address: 10939 Shady Trail · Dallas, Texas 75220 Connell Development Company P.O. Box 541057 · Dallas. Texas 75354-1057 * (214) 3574694 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. (2) From the northern boundary of Woodside Village to the existing box culvert, Skyhawk will grade a temporary channel. Or, ce address: 10939 Shady Trail * Dallas, Texas 75220 June 27, 1989 Mr. Doyle (3) Skyhawk will waive any reimbursement due from the 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, SKYI{AWK VENTURE CONNELL DEVELOP~fENT CO., Mark W. Connell MANAGER AGREEMENT Skyhawk Venture, ~tgr. ' THIS AGREEMENT made between/Conneli Development Co,/(Connell) of Dallas County, Texas, and the City of Coppell, Texas,(City); WITNESSETH: manager WHEREAS, Conneli is the ~wn~ of that traet of land shown on Exhibit 1, which said Exhibit is attached hereto and made a part hereof for all purposes; and WUEREAS, Conneli 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 eulvert) along the west end of the Connell tract as.shown on Exhibit i between Point A and Point B, said box culvert eonstituting the required improvement on said property necessary to handle the drainage across said property u~oon complete bulidout and development of ..upstream properties and the Conneli 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~lleetlng reservoir until such time es 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 Connell 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 Hinckley 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 ConneU tract are not presently ready for development, but that Lots 1, 2 and 4 of the Connell tract are ready for present development; and WHEREAS, engineering data supplied to the City .by. ConneU shows that the present development of Lots 1; 2 and 4 of the'Connell tra~t will n0~'requlre installatl'on ' of the box culvert at this time and that' drainage attributable"t~ s;id 'Lots' i', 2 and 4 (including present drainage from property upstream from the Connell tract) ean be handled by us.lng the existing channel loeated at the West aide of the ConneH tract, "PPELL/CONNELL AGREEMENT CK86-1211 - Page I and that s_aid boX_g~lvert from Point A to Point B on Exhibit ! will not be required ,until a..___dditlonal drainage is created by the development of Lot 3 and the development of properties upstream from the Connell tract; and WHEREAS, ConneH has therefore requested the City to approve the final platting of its subdivision in two (2) phases, the first phase to include Lots 1, 2 and 4 and the second phase to be comprised of Lot 3 on Exhibit I; 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 at the west side of the Connell tract and that Phase Two consisting of Lot 3 of Exhibit ! be approved subject to the drainage conditions hereinafter set out. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: I. That Connell will amend its preliminary plat so that when it is presented for final plat approval it will be submitted in two (2) phases, each phase to eonstitutt: 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 shah consist of Lots i, 2 and 4 as shown on Exhibit ! attached hereto, and Phase Two shah consist of Lot 3 as shown on Exhibit i. Provided, however~ other languaR'e.herein notwithstanding~ Connell reserves .She right to submit the lots listed In Phase One as separate final plats for recordinF. purposes as opposed to being limited to one single final plat_ 2. Connell shall furnish to the City copies of its engineering i~eport and engineering data evidencing that the existing drainage channel loeated at the west side of the Connell tract wiU provide adequate drainage after Phase One is fully developed and will not cause material damage to downstream property owners, lneluding the property owned by Boorhem and Hinekley. Conneli further agrees that Connell shall.indemnify end save harmless the City of Coppell, its officers, employees and agents from and against all'losses and aH claims, demands, payments, suits, actions, costs, end Judgments of every nature and deseriptlon COPPELL/CONNELL AGREEMENT CK86-1211 - Page 2 recovered against City resulting from storm water damage to properties downstream from said Connell tract or brought against City because 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 lss.__uance of any building permit,~shall construct the box culvert required by the City if such be recomended to the City Council by the City Engineer~ and place on lhe 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 o.f 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 Independent Bank of Coppell the sum of Three llundred Forty-five Thousand Dollars ($345,000.00), or an irrevocable letter of credit in such amount (LC) to be issued to Connell by M Bank Dallas, same to be payable to City all upon the following terms and conditions: a. Said sum of money or (LC) to be held in escrow 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 carry the box culvert from Point A on Exhibit 1 through the Hinekley property to point C on Exhibit i, said dlstanee ~ being approximately 566 feet across the Connell tract, 472 feet across 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 Hinekley tract City maY at its discretion determine that the userow fund is to .b~ly to construct ~h'e box culvert across the Connell tra. et and in such event the ~_~roWed fund shall be used only COPPELL/CONNELL AGREEMENT CK86-1211 .- Page 3 Ce to the axtent necessary to construct the box culvert across ihs Connell tract. That the City of Coppell shall enter into a separata pro rata agreement with Connall, which will provide that If the escrow money is used to construct the box culvert beyond the Connell property and across tha Boorhcm and/or Hlneklcy propartias, and if within i0 years thereafter, the Boorhem or Iiinekley properties are subdivided or otherwise developed in such a way that would require the box culvart across their properties had it not already been constructed, the City will, befora approval of any subdivision plat or the Issuance of any building permit on the Boorham property or.llineklcy property, require the owners of said property to pay to thc City such property's pro rata cost for construction of tha box culvert determined in accordance with Exhibit 2 herewith~ which said amount forthwith shall be reimbursed to Connell. Interest on said es.row deposit, If an)'~ shah anura to the benefit of Connall and may ba drawn down by Connall as it accrues. The cost estimate for tha box culvert construction from Sandy Lake Road to ~Villow Lane, which will take It through tha 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 herato as Exhibit 9. and made a part hereof for all purposes. Draws from the escrow deposit mentioned herain shall require signature of .a raprcsentatlva of both Connall and City. An)' portion of the escrow deposit no'~requlrad for the qonstructlon of thc box culvert shall be returned to Connall forthwith upon eonpletlon of the construction hereof.' 5. The term of this agreement is 15 ~,ears and If same shaU not then have .been. fully perform.ed shall expire. COPPELL/CONNELL AGREEMENT CK86-i211 - Page 4 6. This agreement is binding upon and shall enure to the benefit of all successors of each party hereto. F-,XECUTED this llth day December. 1986. ATTEST: ~i t~'-- $_e. gr~t ary SKYHANK VENTURE, ~Kevin C. White Title Vice President Ed Pokell, City Engine~..Ry~f Coppell, Texas Frank Trando, Acting City Manager, City of Coppell COPPELL/CONNELI, AGREEMENT CK86-1211 - Page : ! - ':1 I - I1 '1 / : / / / / ..£ P&P.~V.O. No. 3354-85-10-6 Conned Skaggs Addition December 5, 1986 COST ESTIMATES FOR BOX CULVERT CONSTRUCTION FROM SANDY LAK'E ROAD TO "~[LLOW Length -- 1234' Br. eakdown by Owner.' ConnelJ. Boorhem Hinekley 10' x 8' Single Box Culvert Pre,Cast: (at $270/LF) Box Culvert Upstream Transition Downstream Trsnsition 566' · 472' 196t Cost Per Property Owner Based on Frontage of Box Connell Boorhem Hinekley · 46 (345,000) -- · 38 (345,000) -- .16 (345,000) = 46,°6 38% 16% $335,000.00 5,000.00 5~000.06 ~_345, 000.~0_.? 5159,000.00 $131,000.00~- $ 55,000.00 3354/WD1001 "' ~.~..JIZL....J u'. ZONED "SF- ' ' L ZONE[ "C" ADDITION W. Llewellyn PoweII P.E. Richard L. PowelI P.E. $. Michael MIIIIcan P.E POWELL&POWELL ,'::' :'i ....... Engineers 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 refereneed box culvert improvements, we would like to make the following comments: 1. 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 sehool site, is temporary until such time as the proposed box eulvert is extended northward. 2. As correctly pointed out in Mr. Ginn's letter, this ditch does not meet City of Coppell Standards or Subdivision Ordinanee Requirements, and is not adequately sized to handle the anticipated ultimate runoff. However, it is an improvement over the current drainage situation in this arco. If you have any questions, please give me a call. Very sincerely, POWELL & POWELL . JAK=ek oe: Mr. Mark Conneli - Connell Development Co. Mr. H. Wayne Ginn- Ginn, Inc. 3354/0623 3988 North Cemral Expressway, Suite 1130 / Dallas, Texas 75204 / (214) 522-4660 GINN, INC. Mr. Russell' Doyle, city of ~6ppell P.O. Bo~/478 Coppe ly, TX 75019 Re: PoEo CONSULTING ENGINEERS Connell Skaggs Addition Box Culvert Along West Property Line JUL I 3 1989 Dear Mr. Doyle: 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: 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 1 side slopes along Boorhem property; and, open channel with 1.5 to i side slopes along Hinckley property. If the 2-12'x4' boxes were extended the full length, (ie., no open ditches) and connected to the lO'xS' 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. The ditch along Hinckley's property is not adequately sized to handle the anticipated flows. 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, HWG/GF/dsp cc: Jim Koch, P.E., Powell and Powell Mark Connell, Connell Development Co. 17103 Preston Road · Suite lO0 ® LB 118 · Dallas, Texas 75248 · Phone 214/248-4900 POWELL&POWELL W, ~weUyn ~wefl P.E. June 22, 1989 Richard L. Powell P.E. J. Michael MIIlican P.E. Michael D. McKenzle Mr. Russe /Do~,F~ seJYE yle City of ~6ppell 255 P~way Blvd. Co~, TX 75019 De~ M~. Doyle: RE: P&P 3354-87-1-2 Connell Skaggs Addition Box Culvert ~Property Line Enclosed for your use and review, as requested by Mark ConneU, are three sets of prints of PoweU & Powell Drawings S-1410.02 - .04, Drainage Improvements, Connell Skaggs 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 Une of the ConneU Skaggs Addition, with an open channel with side slopes, varying from 1.5:1 to 3:1 from the ConneU Skaggs north Une, northward, to an existing 10'x8' box culvert near the north Une of the Hlnekley tract. It' you have any questions, please give me a eaU. Very sincerely, POWELL & POWELL Koch, Jr., JAK:ek enclosures ce: Mr. Mark ConneB -.Connell Development Co. w/prints 3354a/0807 ~ 3988 North Central Expressway, .Suite I L30 1 Dallas, Texas 75204 / {214) 522-4660 The City With A Beautiful Future P,O, Box 478 Coppell, Texas 75019 214-462-0022 ~,ugust 7, 1989 Mr. Mark Connell Connell Development P. 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. As 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. Sincere/' ~//~ity Engineer " RRD/lsg Thanks. xc: Alan D. Ratliff, City Manager Frank Trando, Deputy City Manager/Finance Director CON POWELL&POWELL Engineers and Consultants w. Llewel/yn Powell P.E. Richard L. Powell P.E. J. Michael MilUcan P,E. Michael D. McKenzi¢ 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 attached, via U.S. Mail, the following: Copies Date No. Description 1 -- -- 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, J&K:ck enclosure POWELL & POWELL oeh, Jr., P.E. Mr. Mark Connell - Connell Development Co. LOT-K/LOT-I 3988 North Central Expressway, Suite 1130 / Dallas, Texas 75204 / (214) 5224660 HANDWRITTEN MF_MORANDUM "1 ZONE[ The City With A Beautiful P.O. Box 478 Coppell. Texas 75019 214 - 462 - 0022 Aunt 31, 1989 Jim Conned Connell Development Company P.O. Box 541057 Dallas, Texas 75354-I057 Dear Mr. Connell: Enclosed are summons to appear in Municipal Court for falling to maintain the property at 110 ~%%st Sa~ly Lake Road to be free of debris and sta/,,nant water conditions. A notice dated Ju/~, 19, 1989 and another dated December 30, 1988 outlined the violations under the Copped Code of Ordinances (copies attached). PLEASE CLEAN THE WEST END OF -rku& PROPERTY UPON R~CEIPT OF THIS NOTICE AND ABATE THE NUISANCE OF T~F- 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 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 462-9010. The Municipal Court telephone number is 461-7100 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: Municipal Court, S. Norris /~[ ~ngineerin8 Department, R. ~;le file (Z) / POWELL & P 'ELL ENGINEERS & CONSULTANTS 3988 N C.~ntral Expwy Suite ] 130 DALLAS. TEXAS 75204 (214) 522-4660