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CC mtg. excerpt on 12/14/99Councflmember Oarcia seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers Garda, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 14. Consider approval of the Coppell Crossinf Addition, Lot 4, Block 1, Final Plat and Site Plan, to allow the development of a 11,570 square foot retail facility on approximately 1.S acees of property located at the northwest corner of MacArthur Boulevard and the D~A.R.T. right-of-way. Oary Sieb, Director of Planning and Community Services, made a presentation to thc Council regarding Item 14 and 15 indicating that the Planning and Zoning Commission had denied these items. Councilmember York moved to deny the Coppell Crossing Addition, Lot 4, Block 1, Final Plat and Site Plan, to allow the development of a 11,570 square foot retail facility on approximately 1.5 acres of property located at the northwest comer of MacArthur Boulevard and the D.A.R.T. right-of-way and the Coppell Crossing Addition, Lot 5, Block 1, Final Plat and Site Plan, to allow the development of a 9,942 square foot retail facility on approximately 1.1 acres of property located along the west aide of MacArthur Boulevard, approximately 580' north of the D.A.R.T. right-of-way. Councilmember Keenan seconded the motion; the motion to deny carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 15. Consider approval of the Coppell Crossing Addition, Lot 5, Block 1, Final Plat and Site Plan, to allow the development of a 9,942 square foot retail facility on approTlmately 1.1 acres of property located along the west side of MacArthur Boulevard, approximately S80' north of the D.A.R.T. fight-of-way. This item was considered under Item 14. See Item 14 for minutes. ~6. Consider approval of a lease with AT&T Wireless Services to Irunt a license for wireless services and construction of same with a concession stand/restroom facility at Andrew Brown Central Park and to provide for a variance for a permit on approval of the City Engineer to Floodplain Manqement Ordinance No. 94-639, Article 4, Section B, Item 11(a) which states that the Floodplain Administrator must "assure that conditional approvals are received from Federal Emerzency Management Afency before a Floodplain Development Permit is l~ned~ for the proposed development~ and authorizing the Mayor to sign. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council indicating changes that should be made to the Rent and Construction Addendum and the Lease Agreement. Councflmember Keenan asked about the interest rate and the competitiveness of the rent on the property. Councflmember Stover asked which sports associations would be utilizing Andy Brown Central and if City operated concessions had ever been considered. Mayor Pro Tern Tunnell asked about the sublease provision in the lease. City Attorney Robert Hater indicated the sublease provision give the tenant the right to sublease their antenna. Councilmember York moved to approve a lease with AT&T Wireless Services to grant a license for wireless services and construction of same with a concession stand/rest_room facil/ty at Andrew Brown Central Park and to provide for a variance for a permit on approval of the City Engineer to Floodplain Management Ordinance No. 94639, Article 4, Section B, Item 1 l(a) which states that the Floodplain Administrator must 'assure that conditional approvals are received from Federal Emergency Management Agency before a Floodplain Development Permit is issued' for the proposed development; and author/zing the Mayor to sign, subject to the following changes: 1) Rent and Construction Addendum - · Page 2 under the ~Rent" section, in'st paragraph, the Tenant's Construction Obligation Costs are estimated to be $270,377 instead of $125,000; the rate of interest should be 5.5% instead of 7%; the rent abatement should be $1,904.54 instead of $1,904.221 and the abatement period should be 151 months instead of 83 months; and · Page 2 under the "Rent" section, second paragraph, the monthly rental should be $1,904.54 instead of $1,900.00; 2) Lease Agreement - · Section 1 - Thc Premises should bc 1,500 square feet instead of 1,000 square feet; Section 4 - Term should be 12.6 years instead of 7 years; · Section 9, Paragraph b - The first and second sentence should read: ~Land/ord will not grant, aider the date oj~ this Lease, a lease, license or any other right to any third party for use of the premises, if such use may in any way adversely affect or inteEfere transmission of CM121499 Page 9 of 16 Tenant's Communication Facility. Landlord will noll'fy Tenant prior to grantin!i any third party...: Councilmember Keenan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers (}arcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 17. Consider approval of awarding Bld/i~ontract #(~-1199-02 along with Change Ozder #1 to Azchltectural Utilities in the total mount of $356,684.00 for the inwtm!lation of Pump No. 4, the isolation valves and replacement of the existing flow meter at the Village Pazkw~y Pump Station and autbozizing the Mayor to sign. City Manager jim Witt made a presentation to the Council. Councilmember Peters moved to approve Bid/Contract #Q-1199-02 along with Change Order #1 to Architectural Utilities in the total amount of /L356,684.00 for the installation of Pump No. 4, the isolation valves and replacement of the existing flow meter at the Village Parkway Pump Station and author/zing the Mayor to sign. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunneil and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 18. Declare an emergency and consider approval of awarding a contract to Pavecon, Inc. for the removal, recompaction and repaying of south side of Bethel Road generally from Freeport Parkway to Royal Lane in au mount not to exceed 8221,461 u authorized in the 1999-2000 Budget; and authorizing the Mayor to sign. City Manager Jim Witt made a presentation to the Council. Mayor Pm Tem Tunnell asked how citizens would be notified of the closing. Mr. Witt indicated Channel 19, the City newsletter, and signs would be utili=~:d to notify citizens. Councilmember Stover asked about the bid process. Councilmember York clarified this was a temporary fix and would last three to four years. Mayor Pro Tern Tunnell moved to declare an emergency and award a contract to Pavecon, Inc. for the removal, recompaction and repaying of south side of Bethel Road generally from Freeport Parkway to Royal Lane in an amount not to exceed $221,461 as author/zed in the 1999-2000 Budget; and author/zing the Mayor to sign. Councilmember Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. C1d121499 Page 10 0f'16