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DR9001-AG 870623 CITY COUNCIL AGENDA REQUEST I. AGENDA DATE REQUESTED: June 23, 1987 P.O, Box 478 Coppell, Texas 75019 214 - 462 - 0022 II. RECOMMENDED ITEM CAPTION: Consider approval of Connell Skm??s Addition. Lots 1, Z and 3, Final Plat, Site Plan and Landscaping Plans, located at the northwest intersection of Sandy Lake Road and Denton Tap Road. III · RECOMMENDATION OF PLANNING & ZONING COMMISSION: Date of p]~..i.g & Zoning Meeting April 16. 1987 Decision of P]~--ing & Zoning Commission - Aplaroval (5-0); With the follow- in~ stipulations: 1) That all on and off site Engineerin~ criteria meet with the satisfaction of the Cit~ Staff; and Z) That the scx~--i-,~, wall required on ~he west side of the property be built simultaneously with the box culvert, a~=i. on the west side of the development. IV. STAFF REPRESENTATIVE(S) TO ATTEND COUNCIL MEETING: raryon Bowm~: pl~..i.o & Zn.l.o Coor~i-mtor V. RECOMMMENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING: Yes __ No __ VI. SUPPORT MATERIAL: SUBMITTED Yes X No VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL VIII. IX. X. DOCUMENT, ORDINANCE, RESOLUTION, ETC. FINANCIAL REVIEW: BUDGETED ITEM NON BUDGETED ITEM ORIGINAL ESTIMATE OR BUDGET $ CURRENT ESTIMATE: $ AMOUNT UNDER OR OVER BUDGET $ SUBMITTED BY planning Department APPROVAL OF CITY MANAGER!S OFFICE: SOURCE OF FUNDING: BOND FUNDS OPERATING BUDGET OTHER: · ACCT. NO. HOLD AGNDARQSTFORM MI~ITS The City With A Beautiful Future P. O. Box 478 Coppell, Texas 75019 214- 462. 0022 STAFF REPORT DATE: June Z3, 1987 Plannin§ and Zonin8 Department RE: Conuell/Skaggs Addition Lots 1, Z and 3, FINAL PLAT LOCATION: Northwest co=net of Denton Tap Road and Sandy Lake Road. REQUEST: Approval of Fi-=IPlat, Site PlanandLsndscape pl.._% and stipulation~ Mr. Jim Koch Powell & Powen Engineers APPLICANT: GENERAL DESCRIPTION: Applicant~requesting approval of the Fi--1 Plat, Site Plan, I-~,~scape Plan and. st/st~pipulations.~'(Please see attached letter listinE the stipulations). STAFF RECOMHENDATION: Staff has no objections to the plat, plans and stipulations. A Mainten=nce Agreement will be submitted to the City once the GINN, INC. CONSULTING ENGINEERS MEMORANDUM DATE: June 12, 1987 TO: Taryon Bowman, P & Z Coordinator FROM: Ginn, Inc. SUBJECT: Connell Skaggs Addition, Lots 1,2,3 Final Plat We have reviewed the subject project for conformance to city of Coppell ordinances and standards. We have no further objections and recommend that final plat be approved. The box culvert issue has been resolved. Connell has agreed to construct the box culvert simultaneously with the Coppell High School construction of same and according to City specifications. See copy of letter and agreement attached. H. Wa'~e Ginn, P.E. /jc Attachments Alan Ratliff Connell Development Co. Jim Koch, Powell & Powell Gabe Favre (w/attach). Connell Development. Company P. O. Box 201069 · Dallas, Tex~ 75220 (214) 357-4694 May 20, 1987 Mr. Wayne Ginn Ginn Inc. 17103 Preston Road, Suite 100 - LBll8 Dallas, Texas 75248 Re: Box Culvert, Final Plat Approval, Connell Skaggs Addition; Lots 2 and 3, Northwest Corner Sandy Lake and Denton Tap. Dear Wayne: The attached Agreement with the City of Coppell outlines specifically the manner and terms under which Connell Development Company will agree to construct a box culvert along the westerly side of the referenced site. The Agreement specifies that at such time as the City Engineer believes that the box culvert is necessary to handle on-site and/or off-site drainage, and upon City Council approval, CDC will agree to construct the box. In subsequent meetings, it has become apparent that the new high school will necessitate the construction of the remainder of the box culvert downstream. With regard to this situation, and keeping within the intention of the Agreement, we propose the following: Connell Development Company will agree to construct the box culvert si~nultaneously with the school construction of same and according to City specifications. In light of the relatively short time period involved, we would ask that the requirement for a letter of Credit be removed from the Agreement and that the City accept our written Commitment. The pro rata reimbursement to Connell from the downstream owners would remain as originally agreed upon and become due and payable on platting or conveyance. There is much common sense in coordinating our efforts with the school, and should be substantial savings to both parties by building the box culvert simultaneously. Page 2 - Mr. Wayne Ginn May 20, 1987 All other provisions of the Agreement would remain intact. for allowing us to resolve this situation in this manner. Very truly yours, Kevin C. White Vice President - Income Properties Thank you KCW/ak Encl. cc: Mark Connell Bill Foose Jim Koch-Powell & Powell AGREEMENT Skyhawk Venture, Mgr. TillS AGREEMENT made between/Connell Development Co,/(Connell) of Dallas County, Texas, and the City of Coppell, Texas,(CJty); Y/ITN E.SSETH: manager WIIEREAS, Connell is the ~m~ of that tract of land shown on Exhibit 1, which said Exhibit is attached hereto and made a part hereof for all purposes; and WItEREAM, 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 · WIIEREAM, the original drainage plan requested by the City Engineer included the construction of a 10-foot by 8-foot single eonerete box culvert (box eulvert) along the west end of the Connell traet as.shown on Exhibit 1 between Point A and Point B, said box eulvert constituting the required improvement on said property necessary to handle the drainage aeross said property upon eomplete buildout and development of upstream properties and the Connell 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'olleeting reservoir until sueh time as the downstream property is developed with a similar connecting box culvert; and that this condition makes it not feasible to construct the box c~Jlvert on the Connell property until the box eulvert ean 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 Hinekley property, as well as Lot 3 shown on the Connell tract are not presently ready for development, but that Lots 1, 2 and 4 of the' Connell traet, are ready for present development; and WHEREAS, engineering data supplied to the City by Connell shows that the present development of Lots 1; 2 and 4 of the Con. nell tra~t will not require installation of the box culvert at this time and that drainage attributable to said Lots 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 of the Connell tract, COPPELL/CONNELL AGREEMENT CK86-1211 - Page 1 and that said box culvert from Point A to Point B on Exhibit I will not be required until additional drainage is created by the development of Lot 3 and the development of properties upstream from the Connell tract; and WHEREAS, Connell has therefore requested the City to approve the final platting of its subdivision in two (2) phases, the first phase to include Lots i, ~- and 4 and the second phase to be comprised of hot 3 on Exhibit 1; 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 ]oeated 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. ROW, TBRREEOR~., in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. 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 constitute 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 shall consist of Lots 1, 2 and 4 as shown on Exhibit 1 attached hereto, and Phase Two shah eonsist of Lot 3 as shown on Exhibit i. Providedr howeverr other language herein notwithstanding~ Connell reserves the right to submit the lots listed in Phase One as separate final plats for recording purposes as opposed to being limited to one single final plat. 2. Connell shall furnish to the City copies of its engineering report and engineering data evidencing that the existing drainage channel located 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 Hinckley. 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 al/ claims, demands, payments, suits, actions, costs, and Judgments of every nature and description COPPELL/CO~HELL AGREEMENT CK86-1211 - Page'2 recovered against City resulting from storm water damage to properties downstream from said ConneR truer 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 eounsel. 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 issuance of any building permit, shall 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 of 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 Hundred Forty-five Thousand Dollars ($345,000.00), or an irrevocable letter of credit in such amount (LC) to be issued to Conner 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 wiU carry the box culvert from Point A on Exhibit ! through the Hinckley property to point C on Exhibit l, said distance being approximately 566 feet across the Conner tract, 472 feet across the Boorhem tract and ].96 feet across the Hinckley 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 escrow fund is to be used only to construct ~he box culvert across. the Connell tract and in such event the escrowed fund shall be used only COPPELL/CONNELL AGREEMENT CK85-1211 - Page 3 bo to the extent necessary to construct the box culvert across the Connell tract. That the City of Coppell shall enter into a separate 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 the Boorhem and/or Hinekley properties, and if within 10 years thereafter, the Boorhem or ltinekley properties are subdivided or otherwise developed in such a way that would require the box culvert across their properties had it not already been constructed, the City will, before approval of any subdivision plat or the issuance ot' any building permit on the Boorhem property or Hinekley property, require the owners of said property to pay to the City such propertyts 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 an},~ shall enure to the benefit of Connell and may be drawn down by Connell as it accrues. 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 eulvert, is attached hereto as Exhibit 2 and made a part hereof for all purposes. Draws from the escrow deposit mentioned herein shall require signature of a representative o~' both Connell and City. Any portion of the escrow deposit no required for the e. onstruetion of the box culvert shall be returned to Conne]J forthwith upon eonpletJon of the construction hereof. 5. The term of this agreement is 15 years and if same shall not then have bean fully perform.ed shall expire. COPPELL/CONNELL AGREEMENT CK86-1211 -.Page 4 6. This agreement is binding upon and shall enure to the benefit of all successors of each party hereto. F~ECUTED this llth day December, 1986. ATTEST: ~ity S~.cr-e~ary SKYHAWK VENTURE, oo,, E ~.5~ E,.O pM.~,~,, CO, 'kev:Ln C. Nh£te Title Vice Pre~ident APPROV~D~ Ed Po~ell, City Engine~'~YJA~f Coppell, Texas Frank Trando, Acting City Manager, City of Coppell APPROVED AS TO FORM: Ba~vre~e W. Ja~{~s~.~ity Attorney CK86-1211 COPPELL/CONNELL AGREEMENT CK86-1211 - Page 5 i flOAO PdcF W.O. No. 3354-85-10-6 Connell Skaggs Add.trion December 5~ 1986 COST ESTIMATES FOR BOX CULVERT CONSTRUC'FION FROM SANDY LAK;B ROAD TO "WIZ. LOW LAZ~E" Length = 1234' B~eekdown by Owner: ConneU Boorhem HJnckley 566' .472t 190' 46% 10' x 8' Single Box Culvert Pre-Cast: (at $270/LF) Box Culvert Upstream Tre. nsition Downstream Transition Cost Per Property Owner Based on Frontage of Box Conner Boorhem Hinckley .46 (345,000) = .38 (345,000) = .16 (345,000) = $335,000.00 5,000.00 $~000.00 $345,000.00 $159,000.00 $131,000.00 $ 55,000.00 Councilman Smothermon moved that these two plats be denied without prejudice, that any additional filing fee requirements be waived and that the two plats be reheard on July 14, 1987. Councilman Wolfe seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 25: Consider approval of a Preliminary Plat and Site Plan for Sandy Lake Crossing, located at the southwest corner of Denton Tap Road and Sandy Lake Road. Date of Planning & Zoning Meeting - May 21, 1987 Decision of Planning & Zoning Commission - Approval (6-0) Councilman Morton moved that this plat be denied without prejudice, that no additional filing fee requirements be levied and that the item be reheard on the July 14, 1987 Council meeting. Councilman Wolfe seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. FINAL PLAT Item 26: Consider approval of a Final Plat, Landscape Plan and Site Plan for Connell Skaggs Addition, Lot 4, located at the northwest corner of Denton Tap Road and Sandy Lake Road. Date of Planning & Zoning Meeting - May 21, 1987 Decision of Planning & Zoning Commission - Approval (6-0) STIPULATION - that the final site plan be subject to approval of Special Use Permit #S-1013, to allow the alteration of a site plan. Mr. Jim Koch made the presentation to the Council. Following the presentation and discussion by the Council, Councilman Morton moved that this plat be approved. Councilman Wolfe seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 27: Consider approval of Connell Skaggs Addition, Lots 1, 2 and 3, Final Plat, Site Plan and Landscaping Plans, located at the northwest intersection of Sandy Lake Road and Denton Tap Road. Date of Planning & Zoning Meeting - April 16, 1987 Decision of Planning & Zoning Commission - Approval (5-0) STIPULATIONS - 1. That all on and off site engineering criteria meet with the satisfaction of the City Staff 2. That the screening wall required on the west side of the property be built simultaneously with the box culvert, again on the west side of the development. Mr. Kevin White made the presentation to the Council. He informed the Council that Woodside Village would be the name of this development and that the culvert would be placed entir~ha applicant's property. Following discussion on this item,-~cilman Smothermon moved that the plat be approved subject to all on and off-site engineering criteria meeting with the satisfaction of the City staff and that the screening wall required on the west side of the property be built simultaneously with the box culvert, again on the west side of the development. Councilman Morton seconded the motion which carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. CONSENT AGENDA Item 28: Consider approval of charges to the City Council Budget. Item 29: Consider approval of a contract authorizing Governmental Service Agency, Inc. to perform a salary survey for updating compensation plan and authorizing the Mayor to sign. Item 30: Consider amendment to City Manager Budget. Acct. No. 422 for funding of compensation plan market survey. Consent agenda items were considered separately. Item 28 - Councilman Wolfe moved that charges to the City Council Budget be approved. Councilman Smothermon seconded; motion carried unanimously with Mayor Pro Tem Stanton, Councilmen Wilkerson, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 29 Discussion was held by the Council concerning this item. Following discussion, Councilman Morton moved that a contract authorizing Governmental Service Agency, Inc. to perform a salary survey for updating the compensation plan be approved and the Mayor authorized to sign. Councilman Wolfe seconded; motion carried 4-2 with Mayor Pro Tem Stanton, Councilmen Morton, Cowman and Wolfe voting in favor of the motion and Councilmen Wilkerson and Smothermon voting against the motion. Item 30 - Councilman Morton moved that an amendment to the City Manager's Budget Account No. 422 in the amount of $1,500.00 be approved. Councilman Wolfe seconded; motion carried 4-2 with Mayor Pro Tem Stanton, Councilmen Morton, Cowman and Wolfe voting in favor of the motion and Councilmen Wilkerson and Smothermon voting against the motion. EXECUTIVE SESSION (Closed to the public) Item 31: Article 6252-17, Section 2 (e) discussion with City Attorney. A. Discussion regarding the ground storage tank. B. Discussion regarding litigation/Beltline north/south. C. Discussion regarding litigation on claims filed against the City. The meeting was then closed for an Executive Session as allowed under the above stated article. Following the Executive Session the meeting was declared open. As there was no further business to consider before the Council, the meeting was adjourned.