PD162-CS 970904Ht]GHES & LUCF ,
1717 Main Street
Suite 2800
Dallas, Texas 75201
214 / 939-5500
214 / 939-6100 (fax)
Attorneys and Counselors
Writer's Direct [)iai Number
214/939-5468
September 4, 1997
Other Offices
Austin
Houston
Jim Witt
City Manager
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
Via Fax - (972) 304-3673
and Via Regular Mail
Pete Smith
Nichols, Jackson, Kirk & Dillard
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
Via Fax - (214) 965-0010
and Via Regular Mail
Re: PD and Preliminary Plat for W.H.R.B.
Dear Jim and Pete:
Based on our meeting yesterday, I think we have resolved the open issues as follows:
Waiver/Rebate of Development Fees. It appears that the city does not have a standing
"Resolution" that would authorize the City Manager to enter into an agreement to waive
or rebate development fees for multi-family development. I understand that the Council-
approved Settlement Agreement has approved such a waiver or rebate; however,
W.H.R.B. is not a party to that agreement. Consequently, I would like a separate
Council-approved agreement with W.H.R.B. I will be glad to prepare a draft for your
review. I would like to see your Resolution that authorizes such agreements for industrial
development, as well as a copy of any waiver or rebate agreement that the city has
executed. It is my understanding that we should strive to have such an agreement on the
Council agenda for Tuesday, September 23.
Traffic Signalization Cost Sharing Agreement. It is my understanding that the city
will award a contract for, and pay for, the offsite traffic signal (currently estimated to cost
$85,000). When the work is complete, W.H.R.B. will reimburse the city for one third of
the cost. My only concern is one of schedule. It is also my understanding that the signal
is part of a larger construction contract which may be awarded within the next 60 to 90
days. If that is the case, the schedule will fit well with the W.H.R.B. development
A Registered Limited Liability Partnership Including Professional Corporations
10612.0010:0283827.01
HUGHES & LUCE, L.L.P.
Jim Witt
Pete Smith
September 4, 1997
Page 2
schedule. An outside completion date should be no more than six months from now.
Pete said that he had a standard form for this type of cost sharing agreement. Maybe we
could add a provision that specifies a completion date. Should this agreement also be
scheduled for Council action on September 23?
o
Hike and Bike Trail. W.H.R.B. has agreed to provide a 15-foot easement for a hike and
bike trail. In addition, W.H.R.B. has agreed to construct a ten-foot wide trail out of
concrete (five inches thick with a six-inch stabilized base) and/or decorative brick pavers.
There will be no special lighting. W.H.R.B. will revise its site plan and preliminary plat
to reflect this easement; however, these revisions may not be available by September 9.
The revised site plan and preliminary plat will also include a note that the city will be
responsible for maintenance of all improvements. I agree with Pete's suggestion that the
PD should also reflect W.H.R.B.'s obligation to dedicate the easement and construct the
trail as well as the city's obligation for maintenance.
Belt Line Road Median Lighting: W.H.R.B. has agreed to pay for lighting (2 - 4 light
standards) in the median of Belt Line Road near the entrance to the project.
o
Underground Utilities: The Planning Commission approved the PD application and
preliminary plat subject to the condition that W.H.R.B. relocate the T.U. electric power
lines along Belt Line Road underground. This condition should be deleted.
I think the contents of paragraphs 2, 3, 4, and 5 of this letter, assuming they correctly
reflect our discussions yesterday', should be incorporated as part of the staf~°s recommendations
and conditions to the Council for its meeting on September 9. Please call me if you have any
further questions or comments.
Sincerely,
Dwight A. Shupe
DAS:db
cc: Mark Wolcott (via fax - 713/624-7902)