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Gunner Sub/PP-CS 970904HUGHES & 1717 Main Street Suite 2800 Dallas, Texas 75201 214 / 939-5500 214 ,.' 939-6100 ,,tax) Attorneys and Counselors Writer's Direct Dial Number 214t939-~68 Jim Witt City. Manager City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Pete Smith Nichols, Jackson, Kirk & Dillard 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 September 4, 1997 Via Fax - (972) 304-3673 and Via Regular Mail Via Fax - (214) 965-0010 and Via Re~,ular 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 L,m,tcd Ltabd~ty Partnership Including Profc,,mnal Corporations 10612.00 i 0:0283827.01 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? 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. Undereround 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 staffs recommendations and conditions to the Council for its meeting on September 9. Please call me if you have any further questions or comments. DAS:db cc: Mark Wolcott (via fax - 713/624-7902) Sincerely, Dwight A. Shupe