DR9001-AG 890905R~v. 4~-24-89'
ITEM CAPTION:
AGENDA REQUEST FORM
CITY CO~CIL ~E]~T~ IT~[ ~O. :?:3
Discussion and consideration of approving an amendment tO
the "Agreement" made between Skyhawk Venture, Connell
Co., Manager and the City of Coppell, dated Dec. 11, 1986,
and authorizing the Mayor to sign.
EVALUATION OF ITE~,:
STAFP ]l~,.: ~sseli Doyle. · _
DAT~:
As per the attached correspondence, Mr. Mark Connell with Connell
Development Co. is requesting that the City of Coppell amend the above
referenced agreement( see attached letter, dated Aug. 17,1989).
Included in this package are copies of letters of comments and responses
between Powell & Powell Engineering representative and city's consult-
ant Engineer, Ginn Inc.
Attached you also find a copy of letter from Linda Varonich, Enviro~-
mental Health Officer to Connell Development Co. , dated Aug. 31, 1989,
regarding the violations under the Coppell code of ordinances.
BUDGET AMT.
CO~O~NTS:
LEGAL P~/E~ BY:
0588DS
Connell Development Company
P.O. Box 541057 * Dallas, Texas 75354-1057 * (214) 3574694
Mr. Russell Doyle
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
Re:
Agreement between Skyhawk
providing for future drainage improvements
Skaggs Addition dated December 11, 1986
August 17, 1989
~ty of Coppell
to the Connell
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 d~uble 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 ~rade 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
?.O. Box 541057 · Dallas, Texas 75354-I057 · (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:
(i)
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.
Office address: 10939 Shady Trail · Dallas, Texas 75220
Page 2
June 2?, 1989
Mr. Doyle
(3)
Skyhawk will waive any reimbursement due from the work on
the channel north of Woodside Village.
This Dian 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:ute, Mgr.
THIS AGREEMENT made between~ConneD Development Cot/(Connell) of Dallas
County, Texas, and the City of Coppell, Texas,(City);
WITNESSETH:
manager
WHEREAS, Connell is the ~m~n~l~ of that tract of land shown on Exhibit 1, which
said Exhibit is attached hereto and made a part hereof for all purposes; and
WHEREAS, Connell has filed Exhibit 1 as a preliminary subdivision plat and the
City Council of the City of Coppell 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 1 between Point A and Point
B, said box culvert constituting the required improvement on said property necessary
to handle the drainage across said property ~pon complete buildout and development of
?pstr_eam properties and the ConneH 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~lleeting reservoir until such time as the downstream property is
developed with a similar connecting box. culvert; and that this ~ondition 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 Connell 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 Connell shows that
t,he·
p.re.sfnt development of Lots 1, 2 and 4 of the' Connell tra~t will n0i'require installation
Of the box culvert at this time and that' drainage attributable ~O Said lints 1', 2 and 4
.
(including present drainage from property upstream from the Connell tract) can be
handled by using the existing channel located at the West side o~ the Corm'ell tract,
'~PPELL/CONNELL AGREEMENT CK85-1{11 - Page !
end that sa_.id box eu._~.~lvert from Point A to Point B on Exhl~__blt 1 will not be required
.unttl~additi?nal drainage is ereated by the development of Lot 3 and the development
of properties upstream from the Connell tract; and
WllEREAS, Connell 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, whleh provides that adequate
site drainage may be accomplished by using the ex{sting channel located at the west
side of the Connell tract and that Phase Two consisting of Lot 3 of Exhibit 1 be
approved subject to the drainage conditions hereinafter set out.
NOW, THEREFORI~, in eoasideration 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 constitut{m
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 eons{st of Lots l, 2 and 4 as
shown on Exhibit I attached hereto, and Phase Two shall eons{st of Lot 3 as shown
on Exhibit I. Provided, however~ other language herein notwithstanding~ Connell raserve~
.the right to submit the lots listed in Phase One as separate final plats for reeordinl,
purposes as opposed to being limited to one single final plat.
2. Connell shall furnish to the City copies of its engineering r. eport and
engineering data evidencing that the existing drainage ehannel loeated 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 and Hlnekley.
Connell further agrees that Connell shall, indemnify and save harmless the City
of Coppell, its officers, employees and agents from and against all'losses and all claims,
demands, payments, suits, actions, costs, and Judgments of every nature and description
COPPELL/CONNELL AOREEMENT CK86-1211. - Page 2
recovered against City resulting from storm water damage to properties downstream
from said Conncli tract or brought against City because of the approval of the subdivision
plats mentioned herein and drainage plan, and ConneH 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 o_wner's request for the
i~ssuance of any building permit,~haU 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 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 9.
or Lot 3, place in escrow with the Independent 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 Connell by M Bank DaUas, 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 Git),
Engineerr'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 Hlnckley property to point (3 on Exhibit i, said distance
j being approximately 566 feet aeress the ConneU tract, 472 feet across
the Boorhem tract and 19~{ 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
t. hhat the escrow fund is t~ be used only to construct ~he box culvert across.
the Connell tract qnd in such event the ~eroWed fund shall be used only
COPPELL/CONNELL AGREEMENT CK86~1211 - Page 3
be
to the extent necessary to construct the box culvert eeroes the Connell
tract.
That the City of Coppell shall enter into a separate pro rata agreement
with Cennell, which will provide that if the escrow money is used to
eonstruet the box culvert beyond the ConneU property and aeress the
Boorhem and/or Hinekley properties, and if within 10 years thereafter, the
Boorhem or Hinekley properties are subdivided or otherwise developed in
such a way that would require the box culvert aeress their properties had
it not already been ennstrueted, the City will, before approval of any
subdivision plat or the issuance of any building permit on the Boorhem
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 shall be reimbursed to Connell.
Interest on said escrow deposit, if any, shall enure to the benefit of
Connell and may be drawn down by Connell as it aeerues. The cost
estimate for the box culvert construction from Sandy 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 all purposes.
Draws from the escrow deposit mentioned herein shaU require signature of
a representative of both Connell and City. Any portion of the escrow
deposit no'required for the e, onstruetion of the box culvert shall be returned
to ConneU forthwith upon eonpletion of the eoostruetion 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 Gl' all
sueeessors of each party hereto.
EXECUTED this llth day December, 1986.
ATTEST:
~Aty- 8_~:et ar y
SKYHAWI~ VENTURE.
CO NN E L~.~ELO PM EN~j~. CO, MGR.
Title Vice President
Ed Po~vell, City Engine~ of Coppell, Texas
Frank Trando, Aettng City Manager, City of Coppell
i.~,a~vre.~e ~g. Ja'~l/s~Elty Attorney
CK86-1211
COPPELL/CONNELL AGREEMENT CK86-1211 - Page $
./
I
°o
P&P W.O. Ho. 3354-88-10-.6
ConneU Skaggs AddlUon
December 5, 1986
COST ESTIMATES FOR BOX CULVERT CONSTRUCTION
FROM SANDY LAK~ ROAD TO "I~/I~LOW LAI~IE"
Length = 1234'
B~eakdown by Owner:
ConneU
Boorhem
Hinekley
10' x 8' Single Box Culvert
Pre-Cast: (at $2?0/LF)
Box Culvert
Upstream Transition
Downstream Transition
566'
.472'
196'
Cost Per Property Owner Based on Frontage of Box
ConneU
Boorhem
Hinekley
· 46 (345,000)
· 38 (345,000)
.16 (345,000)
4696
3896
1696
$336,000.00
5,000.00
5,000.00
~345,000.00
$159,000.00
$131,000.00/~'
{ 55,000.00
3354/WD1001
CULVERT
ZONE[
NNELL SKAGGS
ADDITION
:~]
¼~-2/
W. J. Powell P.E. -- 1925-1967
W. Llewellyn Powell P.E.
Richard L. Powell P.E.
J. Michael Mllllcan P.E
Michael D. McKenzie
POWELL&POWELL
Engineers and Consultants
July 24, 1989
RE'- P&P No. 3354-88-3-2
Conneli 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. Ginn'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,
POWELL & POWELL
JAK:ek
Mr. Mark Connell - Connell Development Co.
Mr. H. Wayne Ginn -.Ginn, Inc.
3354/0623
3988 North Central Expressway, Suite 1130 / Dallas, Texas 75204 / (214) 522-4660
GINN, INC.
July 12, 1989~
M~. Russell" Doyle, P.E.
City of ~ppell
P.O. Bo~478
Coppel/, TX 75019
Re: Connell Skaggs Addition
Box Culvert Along West Property Line
CONSULTING ENGINEERS
Dear Mr. Doyle:
Pursuant to your request for review of
project, we offer the following comments.
the above referenced
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'xS' 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 1 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 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.
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,
y Ginn, 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
w. I. Jewcllyn Powcll P.E.
FUchard L Pow~,ll P.E.
J. MIChael MIIIIcan P.E.
Michael D. McK~r~zk~
Dear Mr. Doyle:
POWELL&POWELL
and C. onsUltants
June 22, 1989
RE: P&P 3354-87-1-2
Connell Skaggs Addition
Box Culvert ~est Property Lin~e~
Enel~ed for your use and review, as requested by Mark Connell, are three sets of prints
of Poweli & Powell Drawings $-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 line of the Conneil Skaggs Addition, with an
open channel with side slopes, varying from 1.5:1 to 3:1 from the Conneli Skaggs north
line, northward, to an existing 10'x8' box culvert near the north line of the Hinekley
tract.
If you have any questions, please give me a call.
Very sincerely,
POWELL & POWELL
JAK:ek
enelosuras
ce: Mr. Mark Connell -.Connell Development Co. w/prints
3354a/0607 ~
3988 North Central Exp~ssway, Suite 1130 / Dallas, Texas 75204 I (214) r)22-4660
The City With A Beautiful F
P.O. Box 478
Coppell, Texas 75019
214-462-0022
August 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
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. ! 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/'
U 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. J, Powell P.E. -- 1925-1967
W. Llewellyn Powell P.E.
Richard L. Powell P.E.
J, Michael Millican P.E.
Michael D. McKenzie
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,
POWELL & POWELL
e , Jr., P.E.
JAK:ek
enclosure
cc: Mr. Mark Connell - Connell Development Co.
LOT-K/LOT-1
3988 North Central Expressway, Suite ! 130 / Dallas, Texas 75204 / (214) 5224660
HANDWRITTEN MEI'IORANDUM
TO: ~t~_~.~,// ~/~ ,Z?~. FROM: ~ (~/,~Z~ C/'r.~'Z DATE:
SUBJECT: D~/~9~
MESSAGE: ~r ~.~ ~"~ '/~¢ ~'~ ~ ~ ~1/
,/
,,CULVERT
L-- JJl__
,]
il.
?
ZONED "TC"