U-Haul/SPAm-CS010228O~:4Opm From-WINSTEAO SECHI~EST & MINICK/Z
/ NSTEAD
Z14-745-5390
T-357
P.OOZ/O04 F-9$Z
February 28, 2001
chrecc d,aL 21.4 745 5745
~ndcrson~tuinscead.com
VIA FAX (214} 965-0010
Robert E. Hager, Esq.
Nichols, Jackson, Dillard, Hager & Smith
500 N Akard
Store 1800
DaLlas. TX 75201
U-Haul International
Denton Tap @ S tt 121 B~pass
MAR 2 2001
Dear Bob:
Attached is a copy of the st'~ff report received by my cbent. As you can see, ic is
basxcally thc same as thc las~ scarf report and docs hoc sc,-m co rcflccr cbc most recent
conversations bem, een Mr. S~eb and Mr. Evans of U-Haul
I would appreciate your confirming ,,,ch G~ry char due only substantial issues
remamlng are the
Hmghc of l~ghr standards (4): Will be shown on plan. Thc lighting has
already been explained
2. Nonmasonry.,marenals (6)' U-Haul wdl comply with Code Dy~ir and El:IS
are atlowed and are used elsewhere in the City
3. Landscapin~ (7-9.21L All of ~hese were preciously addressed.
4 Truck display (11): Lcga! issue m~ob, ing l:irst Amendment interpretation ro
be discussed w~th City Artorn=y.
5. ~ U-Haul ,~ill comply w~rh Code S~gnage should be acceptable
6. Window Trcarm=nr {3,6) A~ discussed, U-Haul will agree ro rum off lights
ac n,shr in =¢cund story facing the S.H 121. bypass
7. Elevari,,ns (lg)~ They do crack.
54m~ I~.ENt~IS~.ANt'Ii TO~E£
t20t 1~1.~ ST.~.EET
. ,-ZS-ZaO1 03:40pm From-WlNST£^D SECHREST & MINICK/Z Z14-?45-S39G T-3ST P 003/004 F-gsz
Bob Has=r. 1:sct.
February 28,200l
Page 2
I ~ould ~tppr~ciace yo,~r fot-~arding this material to Gary Szeb by tomorrow. Jimmy
Schnurr or'our or, ce ~dl be -~trendlng Tharsday's DRC meeting w~th Mr Evans. If you have
any quesnons or need addk~onal informanon, please lee me know
Sincerely,
.4.rrhur J.
AJA/pIg
Artachmen~
CC:
Randy Cadre (via fax)
Jeff Evans ~,~ra fax)
J,mmy Schnarr (of the Firm)
D.~uLAS_ 1'344293 ~ t
Robert E. Hager
rhager @ njdhs.com
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS @NJDHS.com
December 28, 2000
James R. Schnurr
Winstead Sechrest & Minick
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
Dear Mr. Schnurr:
Please be advised that I am in receipt of a letter that you transmitted by facsimile
to Gary Sieb, Planning Director of the City of Coppell.
First 1 would like to comment about your alleged conversations with Mr. Sieb on
Thursday, December 21, 2000. In my letter sent to Art Anderson of Windstead, Sechrest
& Minick, I advised that it would be appropriate for corporate representatives of U-Haul
to engage 'in Mr. Sieb to determine non compliance with the ordinances of the City
concerning 'the U-Haul application which is currently set for review before the City
Council on January 9, 2001. Today, we learned as a result of your letter and a telephone
conversation with Mr. Sieb that members of the firm of Windstead, Sechrest & Minick
participated in that conversation with Mr. Sieb on or about December 21, 2000, Please
be advised that we are dismayed to learn that you or a member of your firm participated
in this conversation. At no time did we indicate in the letter that it would be appropriate
for lawyers to be involved in planning issues concerning the proposed site plan review for
the U-Haul site located in the referenced above.
If you and your client feel that they have complied with all of the ordinances and
site plan requirements for the City, then that is your determination. Likewise, it is not our
job to plan and develop sites, but to review those sites and to provide comments relative
to those sites. If you do not understand the previous comments by staff and/or by the
Zoning & Planning Commission regarding the site, we encourage the professional
planners from U-Haul to be involved in that process. At no time did we indicate that it
would be appropriate for you as legal representatives to discuss this matter with our client
without informing us or participate in a meeting with the planning department without us
being advised. We consider it a breach of professional ethics to undertake discussions
with my client without informing us that a member of your firm would be involved. As a
result of your participation, we would ask that no further correspondence and/or
conversations take place with a member of the City of Coppell concerning this matter
38O44
without involving a member of our firm so that we may appropriately and adequately
represent the interest of our client.
We trust that this breach of professional ethics is an oversight and not intentional.
However, through further examination we have determined the matter to be otherwise,
appropriate action will be taken concerning this issue. If you have any other questions
regarding this matter, feel free to call me at your convenience.
With regard to the need to respond to your respresentations, since the
participation of a lawyer was involved, we have always instructed our staff to be very
cautious and to "to be guided by the principle "no good deed goes unpunished"."
Perhaps, if your involvement was necessary, those issues could have been addressed
directly to me. We have no problem with professional planners talking with one another
concerning legitimate planning concerns. However, we feel that through the various
postering that has taken place by U-Haul in this matter and that of the property owner,
any further conversations in this matter should be directed through our office. Again, we
are not pleased with the actions of your office by participation without prior notice. We
respectfully refute that we have been uncooperative or to the representation represented
in your letter. Since you are a licensed attorney, we feel that you can interpret and
understand the ordinances without our planning department having instruct you
otherwise.
If you wish to discuss the contents of this matter, please feel free to contact me at
your convenience.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
H R & SMITH, L.L.P.
By: ~
REH/cb
cc: Art Anderson
Gary Sieb
Jim Witt
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
38044