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Switching Stat/FP-CS 890522CONFIDENTIAL MEMORANDUM May 22, 1989 TO: Mayor and City Council FROM: Alan D. Ratliff, City Manager SUBJECT: Meeting 5-17-89 ADR/Larry Jackson/Tom Parsons and Other TU Representatives REF: TU Final Plat Mr. Tom Parsons, District Manager, TU Electric, expressed his concern with having to pay street assessment for the widening of Coppell and Thweatt Roads when they were donating/providing the right-of-way for the widening of the two roads. Mr. Parsons expressed the viewpoint that as a franchisee of the city, they should be given consideration for this relationship and should not have to donate/provide right-of-way and also pay street assessments. I have attempted to find some basis by which we could come to agreement in this matter and suggested to Mr. Parsons that if TU would: 1) pay the costs for relocating utilities along Sandy Lake Road (the old Brazos Power & Light private right-of-way), and 2) donate right-of-way to the City, then in all likelihood, you would find this an acceptable trade for the paving costs. Mr. Parsons indicated he felt this would be acceptable to TU. I have been concerned for some time that when the City attempts to widen and pave Sandy Lake Road we would have to pay for this privately acquired right-of-way. This proposed trade appears to be favorable to the city of Coppell and could save the City this possible expense. We recommend that you attempt to secure and approve this arrangement at the time you approve TU's final plat on June 13th. Please let me know if you have any questions or comments on this agreement. ADR/dgc xc: Larry Jackson, City Attorney Frank Trando, Deputy City Manager/Finance Director Russell Doyle, City Engineer CITY OF COPPELL PLANNING & ENGINEERING DEPARTMENT STAFF REPORT Date: April 20, 1989 PLANNING & ENGINEERING DEPARTMENT RE: Coppeti Switching Station - Final Plat LOCATION: A 3.407 acre site, located on the northwest corner of Thweatt Road and Sandy Lake Road. REQUESI: Approval of a final plat. APPLICANT: TU Electric Company TRANSPORTATION: $UMJ~IRY: Staff requests the following items be agreed to prior to approval of the final plat: 1) Separate dedication instruments for future road easements be executed and filed with the City prior to proceeding to Council. 2) Items per the City Council on April 11, 1989, (Preliminary Plat). 3) Applicant agree to enter into escrow agreement with the City of Coppell for their pro-rata share of improvements to Thweatt and Coppell Roads. (Total Due: $140,204.00). (4) Add note to the plat that after adjacent roads are improved, within 30 days thereafter, applicant shall install landscape as required per the Streetscape Plan. ALTERNATIVES: 1. Approve with variances 2. Approve with conditions 3. Deny ATTACHMENTS: 1. Final Plat 2. Copy of City Council minutes of April 11, 1989 {Regarding the Preliminary Plat). TU The Citv Council of the City of Coppell met in regular called session on Tuesday, April ii, 1989, at 7:2C p.m. in the Council Chambers of Center. The followtn~ members were present: Pean Wilkerson, Mayor Pro Tem Walter Petti]ohn, Councilman Tom Morton, Councilman Bill Smothermon, Councilman Jim Cowman, Councilman (late arrival) Mark Wolfe, Councilman John A. Nelson, Councilman Mayor Lou Duggan and City Manager Alan D. Ratliff were not present. Also present were Deputy City Manager/Finance Director Frank Trando, City Secretary Dorothy TJ~c. ns and City Attorney Larry Jackson. item Q: To consider approval cf p.~limlnary plat for the Coppell Switching Station on a 3.407 acre site located on the northwest corner of Thweatt Road and Coppell Road at the reques[ of TU Electric. Date of P&Z Meeting: 3-16-89 Decision of P&2 Commission: Approved (6-1) with providing the right-of way issue be resolved with Staff prior tc final platting; the wall issue be resolved with Staff before final platting; the landscaping issue be resolved with Staff, and the applicant come forward with a completed plat for final platting. Russell Doyle, City Engineer, presented this item to the Council. l~e indicated the applicant is requesting three (3) variances which are ]~stcd on the plat, and called to Council's attention the stipulations and conditions provided by the Planning and 7oning Commission of their recommendations for approval of this plat. Mr. Doyle indicated the City is looking for additional right-of-way for Coppell and Ihweatt Roads. Mr. Mark Carpenter, representing the applicant, also spoke to the Council on this item. He indicated a concern from Texas Utilities regarding donation of additional right-of-way due to the fact that the Federal Government and REA Commission would have to become involved and approve any dedication of right-of-way at this site. For this reason the applicant would prefer to grant some type of ~n easement as opposed to right-of-way. Following further discussion on this item, Councilman Smotbermon moved that the plat be approved with the following variances: a. The City will allow rock rather than concrete on the yard; and b. the City will allow rock rather than concrete on the driveway with the exception that when the road is improved the driveway will become concrete; and c. the City will allow open ditch drainage until such time as the road is widened, at which time the drainage will be enclosed; and d. the easement requirements will be worked out with staff prior to final plat. Councilman Wolfe seconded the motion; motion carried 6-0 with Mayor Pro Tem Wilkerson, Councilmen Pettijohn, Morton, Smothermon, Wolfe and ':cleon votint in favor of the motion. CITY OF COPPELL ESCROW AGREEMENT For and in consideration of the mutual covenants and agreements herein contained, the City of Coppell hereinafter called "City" and TU Electric hereinafter called "Developer", do hereby agree as follows, to-wit: WHEREAS, the current City policies (Subdivision Ordinance Appendix A, Section 17) require that in new areas, a Developer install major public improvements where required in or adjacent to said addition. Developer has elected to develop CoDDetl Switchinq Station, at the northwest corner of Coppell and Thweatt Roads, in the City of Coppell, Dallas County, Texas. In lieu of the developers obligation to construct their 1/'2 of the paving and drainage improvements on CoDDell Road and Thweatt Road, alonq their frontage Isee exhibit A), Developer agrees to place in escrow $t40,204.00 for the construction of aforesaid major public improvements. Ibis dollar amount being based on the current estimated pro rata charges of $200.00 per front foot cost, for half of a six lane divided major thorou§hfare. THEREFORE, the Developer does hereby deposit $140,204.00, which will be held in the sole name of the City in an interest bearing account to draw interest at the current rate. No withdrawals shall be made until such time as the above mentioned improvements are made. After completion and acceptance of the above mentioned improvements by the City, the difference between the escrowed funds (original amount escrowed plus accrued interest) and the actual cost shall be refunded · %c the Developer. tn the event %hat actual cost of above mentioned ~mprovements exceed the escrowed funds (ori§inal amount escrowed plus accrued interest) the Developer will be assessed the difference. Payable within ten (10) days of notice. iHE CITY may issue Building Permits on the aforesaid property without the requirement of the aforementioned improvements, and upon deposit of Escrow Funds described herein. Signed and Executed this the day of 19 Developer Mayor Attest: City Secretary CiTY MANAGER'S COMMENTS AND/OR RECOMMENDATIONS ITem # / ~ City Council Meeting: 6-13-89 The :%ttached !ether was hand-de.~ivered to Mr. Tom Parsons, District Manager, TU Electric. Mr. Parsons has indicated ~cha~ ~h~..s I. etter reflects our negotiated agreement. In general, TU will donate the rJ~ght-of-way for Coppeli and Tbweau Roads at this site anO the Old Brazos Light rig~t-o~[.-w~y a!c,~g Sandy Lake Road, as well as the cost of relocating that ~ine wit,s'in cur right-of-way when Sandy Lake ~::~, i~proved, l.n return ~or t~s we recommend you agree not t:o assess "]?U ~,'Dr the s~uee~ pa,,;in(~ costs. We believe that ~.t~ n~ree~,en~ wit'] ~'esult in significant cost savings to ~t~.e City in Uhe futu~ ~uigh%-:nf-way acqui, siti. on and utility }~ow'er i]ne ~-'e]ocat']or?~:~. We ~"ecommend you approve this plat and ~.nc]~a~e' ~.h'~.s ..............'~ond~*'~."~ ~;~ the mot.[.on approving th.is ~.].~t. You c~:~n in~:~truct the City Attorney to draft any necessa ~y ] ega ~[ 1~~ b~.nd ing docul~ents to secure this co~it~,ent before the plat is signed by the Mayor. Dr. Halrin Cross, who was in the audience the night the preliminary plat was approved by Council, stated that he Would be Willing to donate any property to the school that would be required to put his fence on the outside area of the trees. This.fence would also be constrUcted sloss the southern property late to this property, line up to Oak Trail. The on the south side, would be for emergency traffic only and extra emphasis on shrubbery would be followed along the south property line from th~ chain link fence east to property line. the school's eastern most 6. The fees be waived as required, and the City Nanager enter into negotiations ~r/th Coppell I.S.D. in exchange for training of City employees. Following discussion on this item, Councilman Horton moved to approve the final plat with the variances as indicated previously. Council._~_n Smothermon seconded the motion; motion carried 7-0 with Hayor Pro Tem Vilkerson. Councilmen Thomas, Horton. Smothermon. Co.man. Robertson and Nelson voting in favor of the mOtion. Item 18: Consideration of acceptance of storm drainage dedication easements and a sanitary sewer easement on the ABQ Development property and Coppell Independent School District property and authorizing the Hayor to execute the Certificate of Acceptance. Following discussion on this item, Counci~aan Norton mOved that four storm drainage easements and the one (1) sanitary sewer easement be approved and the Mayor be authorized to siEn. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tam Vilkerson, Councilmen Thomas, Horton, Smothermon. Cow~an. Robertson and Nelson voting in favor of the motion. Item 19: Reconsideration of a Final Plat for the Coppell SWitching Station, on a 3.407 acre site located on the northwest corner of Thweatt Road and Sandy Lake Road at the request of TU ~lectric. . Date of P&Z Neettng: 4-20-89 P&Z Decision: Approved (4-1) with stipulations. "-.g. Date of CC Heating: 5-9-89 ?,',~ CC Decision: Denied Without prejudice City Engineer Russell Doyle made the presentation to the Counci item had been previously denied 9, 1~89. Hr. Doyle ..... Without Prejudice by the . .... }' _T~/s consideration -. _ .-caeca that the ..~ ~-.~=za on llay ~onxng Coemtasi ..... ~a Dean ap rove variances ~hich ...... on on april 20 ,~ -P- d by th~ -=~e aa follows: , ~=o~ With three (3) 1. Using rockverau~ concrete for yard surface 2. A/i open ditch dra/nage on Coppell Road on the perimeter of their site --: Nr--- ~' R°ckin'tead°f coucr't'-dr've'=:'O'"dr/v'Y' - - full landscaptn~ on Coppell Road ~d Theeatt e~e~ ' the Present representing fence ou ~oth the north and the west. Hr. ~om Parsons, ?U Electric was also Present to discuss this item COUncll. ¥Ollowin discussion on ~a~P-r'o'v~:~ th. its._ ~a-or Pr ~th the Iai for the C old Brazos POWer and Light ~"~ ~d d~te the ~~nc-o~-vay ~or easement ~htch Parallel~ ~and~ Lake ~lectrlc will pay ~or relocation of this --~-t-oZ-vay ~or the lnitla~ea the upgrade and l~rovement of line at the tl~ the ~orto~ seconded the ~llkerson, C~ ...... mOtion; ~ot~__ Sandy Lake R~ ~ City Nelson vo~.~'~lmen ~omas, No-L~"" Carried 7-0 ~.~-~' VO~ctl~n ~,,~ an ~avor of ~- -~on, S~othe~n .~'" ~yor Pro -"= mOClon. ~ ~v~ ROber~aon and Item 20: Discussion and consideration of approval o~ a variance Section 10-~-2 C o~ the . Size set-back Sign Ordt~nce Which mOn~ent st~n= requlre~nta and hal h concerns ~~ ~ -' ~e variance t g. t_ requlre~en Chicken for the property ~ ..... s requested b K _ ts_ . l__.,=u a~ 5 c n__~ ~ntucky Fried 13_ --~=u=on Tap. Chief BUtldtn~ Offlc Council. ~t. . _ lal Dale Jackson ~de the presentation the Council'[' ~OOer= HOrn Was also present to discuss this /tea for a StEn of ~e request for the varlanc opposed to the th--~ . m square foo~ . -- a~f (12-1/2~ f .... ~r=Y-s~ (36/ ~ ..... ' ~s seven~_.~_ .~_. vuc third variance Is a request to locate the s from the north propert property lln~ -- Y line rathe- .t _ lgn thirty ' - au re - ~-an the ~ ~=ven ~J7) f ?tee (3) vart ..... n mOVed to ~OWl~ discus Nelson vo-: ~uczon failed 3-4 ._._:~ve. COunctl~n R-' ~e With the ~ ..... tang tn favor ~ .~ wxca Councilman . .~ue~t~On seconded ~cllmen Thomas, Ho.._~' c?e ~tton and C~.., _~Obertson d · 'vzzo~lng further a-- --u~ and S~the~- _ ~yor Pro Tem ~ilb___an "~cussloa, ~lavo~ ~._ ~u voting against .~- sl~n variance request. ~ - --~ ~ee ~ilkeraon mov_~ ~-e _mOtion. Counctl~n Horton se =u co deny the carried 4-3 ~lth ~ayor Pro . ~,.. conded the SmOthe~on voting In favor of the motion to deny and Councileen Ts_ .,z~ers~, COUnci~n ~tion; ~o~s, Horton and ~ber~son and Nelson vOttn~ a~ainst the ~ion to deny. C~n, Ite~ 21: Discussion and consideration of apPr~al of' an ordt~nce adopting a COde Advisory ~d Appeals BOard which concems variance request to the Unifo~ Buildin8 Code, ~echanical Code, gnifo~ Pluebing Code, National ~lectric Code ~d the Fire Code and authorizing the ~yor to sign. Chief BUlldln8 Official Dale Jac~on Presented Council. Mr. Jackson st ~th dlffe ~_. a=ed that h- -- - this it~ _ hear~-- - r.~ ~perttse t- ~..i1~.' o~r~ would h~ --~_ to the City .~ _~s aPpeals fr~ th ..... ~- ~-~az~ coast .... .~- ~ve up of peo-1- ac ...... ~* ~z the request-~ ~_~uunclZ c~ce~4 .... ~ De utilized cons/., ~. ~e uceu ~d ta~- --~ appr~ed ,~- . . ----~ ~___-~ ~' seven mem .... ~ ezzect until ~"-= ~oe~ ~11 no -~ec~rician o- .~___ ~e.a ~nciudi~e .. ,__ October 1~ 1989 concrac~o. _ %.-zeccr~cal conCra~;~--' ~ucereoced cit~--- ' ~d con~ra ..... sed meca--- ~ter ~1~ ~er foll~ .... a zzcensed arch/t--- .u~, a h~ ~i~a__ ~ . T.U. Elect~c ~. _ the Ct~'O.~re:: ~ ~o ~1 ~~, and a repre8~--[~ a ~o~ti~.[' a