COURT ORDER NO.28208 APPROVAL TO RELEASE LETTER OF CREDIT NO. 7037450 FOR STABLEWOOD SPRINGS RANCH CONDOMINIUM On this the 11th day of August, 2003 upon motion made by Commissioner Baldwin seconded by Commissioner Letz, the Court approved by a vote of 4-0-1, with Commissioner Nicholson voting against, to release the Letter of Credit No. 7037450 for Drainage Structures for Stablewood Springs Ranch Condominium. ~- C' .~, COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS --- TO BE REVIEWED BY THE COURT. MADE BY• Franklin Johnston, P.E. OFFICE: Road & Bridge MEETING DATE: Aug 11, 2003 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) e~boundar~ ©f-st~bdivisian 2) Consider release of Letter of Credit No. 7037450 for Drainage Structures for Stablewood Springs Ranch Condominium. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Charles Domingues/Franklin Johnston ESTIMATED LENGTH OF PRESENTATION: 15 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title ~, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. Franklin Johnston, P.E. County Engineer Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Telephone: 830-257-2993 Leonard Odom, Jr. Road Administrator Truby Hardin, Coordinator MEMO TO: COMMISSIONERS COURT FROM: FRANKLIN JOHNSTON, P.E., KERR COUNTY ENGINEER DATE: August 5, 2003 FAX: 830-896-8481 Email: kcroads@ktc.com RE: Completion of Drainage Structures on Stablewood Springs Ranch Condominium On August 4, 2003, I made a second inspection, in the presents of Judy Ramsey, of drainage structures on Stablewood Springs Ranch Condominium project. They are all now complete in accordance with the approved hydrology study prepared by Domingues and Associates, date February 28, 2003. Commissioner Nicholson wants to add a note on the recorded Final Plat, which gives the Volume and Page of all the recorded easements that apply to roads and detention ponds outside the boundary of the subdivision plat. Commissioner Nicholson requested this on May 30, 2003, in a letter to David Jackson. To do this we need a Court Order to authorize Domingues and Associates to make these changes and file an amended plat. The owner has a separate Letter of Credit on file as security for the completion of the drainage structures. I recommend the Letter of Credit No. 7037450 be released contingent upon completion of the above-mentioned amended plat of Stablewood Springs Ranch Condominium, as applicable. CC: Commissioners Court David Jackson Charles Domingues r ~l r '~ i{{ r. 1'i q. ! M1~ ti. ~ , _,~{C ~, ~ w, ~{ ~ i ,: c ~~, u F ~ ~. 5 Far. 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J w ~; ~~ ~' ~ r ~~ iw Y ~.~ e , i Y '.~! ~. ~ i~ F Y ~ r ~t~;~ ~ r ~ .~ ;;~ r ~, m ~~, d PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT ~, ~~_o~ Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items} you wish to address are discussed. Name: - ~ ~~ ~.~J" c~ ~-,.~ ~ r,,, Address: ~ Z ~ ~~ ~~ ~. Telephone: ~~', ~`~ ~~:~ ~ `'. Place of Employment: " ~ ~ ` ~ ~ r !^ ~ ~ c~ ~ !~" r ~,~- Employment Telephone: r""^ ~ t, ~ ~; ~ ~ Do you represent any particular group or organization? Yes ~ No If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? ~ s In general, are you for or against such Agenda Item (or Items)? For ® ;Against ~' -_._ ~ _L..-~ NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state vour aame and who/what you represent clearly for the court reporter to accurately record who you are. PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT ! ,~ I'a~ Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items} you wish to address are discussed. ~~ Name: ~ !~t'.~G~ V IV ~~~.- - ~~f,~~ 1 T Address: r '~ ~ t , ~ f .. ~ ~ /V ; t'F ~' %.- ~'c , Telephone: ~~~ 3 ~ ~' ,,~'=~~, Place of Employment: ~ + ~ ~ ~ ~~ Employment Telephone: Do you represent any particular group or organization? Yes ^ No t~ If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? ~ - ~ In general, are you for or against such Agenda Item (or Items)? For ^ Against ~ ~ ? ~alh NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the sodium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are. ~~ _a~ PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed. Name: ~'~.~R j~ f ~~ ~ ~T ~ j~ o' S 7 Address: ~G' ~ X 3 a z f/u N T (' X~ ~°~~ `-/ Telephone: ~ 3 ~- 3 Q / ~ Place of Employment: Employment Telephone: Do you represent any particular group or organization? Yes ^ No -~ If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? /~ 7 In general, are you for or against such Agenda Item (or Items)? For ^ Against ~, Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item{s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are. Page '. o`.' 1. Ed and Mary Hart Frost From: "Ed and Mary Hart Frost" Sent: Sunday, August 10, 2003 7;3fl PM Subject: Re: Release of Letter of Credi# #or Drainage Structures far Stabtewood Springs Ranch Condominum My name is Mary Hart Frost. My husband and I own property in Bumble Bee HiNs and I share ownership of property with my cousins at Pleasure Hiil. I am here this morning to ask the Court NOT to release Letter of Credit No. 7037450, for Drainage Structures for Stabtewood Springs Ranch Condominium Subdivision, until the Court and those property owners, with property either bordering Stabtewood property lines or in close proximity, receive a written, detailed explanation of the County Engineefs inspection of each of the drainage structures. That detailed explanation was requested in a letter dated August ~, 2003, to Mr. Franklin Johnston. As there have always been grave concerns about these drainage structures (referred to as detention ponds), and our properties will forever be next to them, we must be provided with more information concerning their inspection. Referring to Mr. Douglas Hearne's, Hearn Engineering, Inc. overview of Domingues & Associates hydrologic study for Stabtewood, dated March 21, 2003, and having conferred with our own engineer further, we must have assurances that these drainage structures are of sound in#egrtty. If, for any reason, they are built improperly, or are not large enough, or are not placed in the proper locations to accomplish the purpose for which they were intended, they could make storm water runoff flooding of our properties worse in the future. Kerr County Sutxiivision Rules and Regulations S.Q6A states: Drainage facilities shall be provided and constructed in accordance with approved plans as required in these regulations. Drainage plans shall be prepared by a registered professional engineer, experienced in hydrology analysis. Therefore, to verify that the Drainage facilities for Stabtewood have been constructed in accordance with the approved plan, as required in these regulations, a registered professional engineer, e=~erienced in hydrolOC1Y ana sis should inspect and certify these drainage structures before the Court releases this Letter of Credit. Some of our concems about the drainage structures/detention ponds are: 1. Were proper soil types used to construct these ponds? 2. Has the soil been packed properly? 3. When will vegetation be planted to help hold the soil in place? 4. Are culverts in the ponds of the proper size? 5. Are the pond dimensions correct? 6. Are the ponds placed in the proper locations to control storm water runoff onto down-hill property? There are 11 drainage structures/detention ponds in the Stabtewood development. I would like to ask the Court, how many other developments have come before you andlor Mr. Johnston that have had as many drainage structures/detention ponds as Stabtewood, that were up-hill and where the ponds were in such close proximity to existing structures or homes on others' properties? The unique topography of this development makes it imperative that the down-hill, established property owners and this Court receive a detailed, written explanation of the inspection of these structures. Thank you for your attention and consideration of this serious issue that is before the Court today. I would be happy to answer any questions you might have. 8/10/03