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1991-03-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MARCH 18, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Ron Pyle Bob Phelps Jeff Binford Calla Davis Bill Moses The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary City Management Assistant Communication Director Director of Community Services City Engineer Director of Finance Police Chief Director of Public Works Traffic Engineer Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish David Reedy Donna Huerta Tom Scales Jerry Murawski Doug Vanderslice Jimmy Fawcett Mark Pavageaux Dave Davis Brenda Anderson Mayor Blair called the City Council Meeting of March 18, 1991 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation. A.2 RECOGNITION OF CUB SCOUT PACK NO. 677 AND LEAD THE PLEDGE OF ALLEGIANCE TO THE FLAG. Mayor Blair recognized and welcomed Cub Scout Pack No. 677 and the Cub Scout Pack lead the pledge of allegiance to the flag. Vol. 60, Page 53 A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Kirk Riggs of the Police Department. Mayor Blair presented a five year employee service award to Terri Gillette of the Warehouse Division of the Equipment Services Department. Mayor Blair presented a five year employee service award to Jim Blair of the Fire Department. MAYOR BLAIR ASKED IF ANYONE WOULD LIKE TO PRESENT A BOARD APPLICATION TO THE CITY COUNCIL. THERE WAS NO ONE WISHING TO PRESENT A BOARD APPLICATION. B.1 - B.2 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", approved adding D.1, D.2, D.3 and D.4 to the Consent Agenda. A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", approved the following Consent Agenda items with the addition of D.1, D.2, D.3 and D.4. B.1 APPROVED MINUTES OF COUNCIL MEETING OF MARCH 4, 1991. B.2 ADOPTED RESOLUTION NO. 91-012 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH DALLAS COUNTY FOR AERIAL SPRAYING IN THE EVENT THAT THERE IS A MOSQUITO BORNE DISEASE EMERGENCY. D.1 ADOPTED RESOLUTION NO. 91-050 APPROVING A DESIGN AGREEMENT WITH PERRY HESCOCK AND ASSOCIATES FOR ELECTRICAL ENGINEERING SERVICES FOR CHRISTMAS LIGHTING IN AN AMOUNT NOT TO EXCEED $14,500. Vol. 60, Page 54 1 D.2 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1932 AMENDING ORDINANCE NO. 1922 ORDERING THE MAY 4, 1991 CITY COUNCIL ELECTION. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1922 OF THE CITY, WHICH ORDERED A GENERAL ELECTION FOR CITY OFFICIALS FOR MAY 4, 1991, BY ADDING A PROVISION THAT THE ELECTION SHALL BE CONDUCTED JOINTLY WITH THE GOVERNMENTAL ENTITIES NAMED IN THE ELECTION SERVICES AGREEMENT ATTACHED HERETO, WITH THE ELECTION TO BE ADMINISTERED BY THE COUNTY OF DALLAS; AND PROVIDING AN EFFECTIVE DATE. D.3 ADOPTED RESOLUTION NO. 91-051 APPROVING AN INTERLOCAL SANITARY SEWER INTERCEPTOR AGREEMENT BETWEEN CITY OF FARMERS BRANCH AND TOWN OF ADDISON. D.4 ADOPTED RESOLUTION NO. 91-052 APPROVING A CONCURRENT RESOLUTION WITH THE TOWN OF ADDISON AUTHORIZING THE CREATION OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION FOR LIMITED PURPOSES. I C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of projects in the departments of the City. City Manager Escalante announced the retirement of Chief Jack Dyer of the Fire Department after 30 years of service. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF PETER KAVANAGH, ON BEHALF OF FARMERS BRANCH SHOPPING CENTER JOINT VENTURE, TO AMEND THE MAXIMUM ALLOWED HEIGHT WITHIN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) ZONING DISTRICT FOR RADIO, TELEVISION OR MICROWAVE TOWERS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. Southwestern Bell Mobile Systems, Inc., would like to erect a cellular telephone antenna 65 feet tall, within the Farmers Branch Shopping Center located at the southwest corner of Josey Lane and Valley View Lane and within the PD-8 zoning district. As regulated by the Comprehensive Zoning Ordinance, such antennas fall under the definition of "radio, television or microwave towers". PD-8 is a shopping center district allowing Local Retail District-1 (LR-1) uses and presently allows such antennas by Specific Use Permit (SUP) to a height of 28 feet. The applicant is requesting that PD-8 be amended such that the district's maximum height restriction for Vol. 60, Page 55 radio, television and microwave towers be increased from 28 feet to 65 feet. The requested amendment affects only PD-8 and would not affect the maximum allowed height of any other structure within the zoning district. The maximum allowed height of other structures would remain at 28 feet. If this amendment is approved, the applicant must still obtain subsequent approval of an SUP prior to erection of the pole itself. The Planning and Zoning Commission, by a 5 to 1 vote recommends that proposed ordinance No. 1929, amending Planned Development No. 8 to allow "radio, television or microwave tower10 to a height of sixty five feet with a specific use permit, be approved as submitted. Mayor Blair opened the public hearing and stated that this item was to be continued. Peter Kavanagh, representing Southwestern Bell, was in attendance and Council had several questions during the Study Session for Mr. Kavanagh. Mayor Blair further stated Mr. Kavanagh had requested the agenda item be tabled until the next Council meeting to allow him to investigate options requested by the Council. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", approved to continue this agenda item until the next Council meeting, April 1, 1991. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF PETER KAVANAGH, ON BEHALF OF SOUTHWESTERN BELL MOBILE SYSTEMS, INC., FOR APPROVAL OF A SPECIFIC USE PERMIT - INTERIM USE TO EXPIRE NO EARLIER THAN MARCH OF 2011 TO ALLOW THE ERECTION OF A CELLULAR MOBILE TELEPHONE ANTENNA TO A HEIGHT OF 92 FEET WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Southwestern Bell Mobile Systems Inc., would like to erect a 92 foot tall cellular mobile telephone antenna and a 286 square foot free-standing building (to house associated computer equipment), within a 2,000 square foot area located at the northeast corner of "Gregory Addition" at 1641 Keenan Bridge Road. This property is presently zoned PD-22, a~ Light Industrial (LI) zoning district which allows such antennas with a Specific Use Permit. Vol. 60, page 56 The applicant is seeking approval of an Interim Use SUP for a period of 20 years. An SUP-Interim Use should be granted only if the proposed use is compatible with existing development in the area and not compatible with foreseeable future development or the objectives of the Comprehensive Plan. If the proposed use is consistent with both current and future land use, a permanent SUP is more appropriate. The Planning and Zoning Commission perceived no conflict with existing land uses in the area and no long-term impediment to the realization of the objectives of the Comprehensive Plan relative to the proposed antenna. By a unanimous vote, the Planning and Zoning Commission recommends approval of the Specific Use Permit on a permanent basis. Mayor Blair opened the public hearing and recognized Peter Kavanagh, representing Southwestern Bell. Mr. Kavanagh stated he was available for questions of Council. Mayor Blair recognized David James, 2909 Eric, who stated he appreciated the Council's concern and spirit of cooperation in trying to resolve the issue with Southwestern Bell and the citizens. There being no one else wishing to speak, a motion by Mayor Pro Tem Pyle, a second by Councilman Phelps,, all voting "aye", closed the public hearing. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", approved a Specific Use Permit-Interim Use to expire in 20 years as requested by the applicant and direct Staff to prepare an appropriate ordinance. C.4 PUBLIC HEARING: CONSIDER THE REQUEST OF PETER KAVANAGH, ON BEHALF OF FARMERS BRANCH SHOPPING CENTER JOINT VENTURE, FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A CELLULAR MOBILE TELEPHONE ANTENNA WITHIN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) ZONING DISTRICT AT 12895 JOSEY LANE, SUITE 132 AND TAKE APPROPRIATE ACTION. Mayor Blair opened the public hearing and stated this item was a companion item to Agenda Item C.2 which was continued until the next Council meeting of April 1, 1991. A motion By Councilman Binford, a second by Councilman, Phelps, all voting "aye", approved to continue this item until the next Council meeting of April 1, 1991. D.1 Consent Item Vol. 60, Page 57 D.2 Consent Item D.3 Consent Item D.4 Consent Item D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated this item is placed on the agenda for Council discussion and consideration. ATTENDANCE FOR AUTHORIZED TRAVEL National League of Cities Congressional Conference -Washington, D. C. - Councilman Binford reported the National League of Cities Conference was very informative. There were no travel requests. D.6 CITIZEN PARTICIPATION. There was no one wishing to speak. MAYOR BLAIR ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONAL MATTERS, LAND ACQUISITION AND PENDING , AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. MAYOR BLAIR STATED THAT AN EXECUTIVE SESSION WAS HELD AFTER THE STUDY SESSION AT 4:30 P.M. RELATIVE TO PERSONNEL MATTERS. E.la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS FIRE DEPARTMENT. A discussion was held relative to the Fire Department operations. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated the official release of retirement of Chief Jack Dyer was received and discussed. The city will be accepting in-house applications for the position. ' MAYOR BLAIR ANNOUNCED THE NEXT NEIGHBORHOOD MEETING WOULD BE HELD ON MARCH 21, 1991, 7:00 P.M. AT THE MANSKE LIBRARY. MAYOR BLAIR ALSO ANNOUNCED THE FARMERS BRANCH NEIGHBORHOOD Vol. 60, Paae 58 CRIME WATCH MEETING WILL BE HELD, TUESDAY, MARCH 19, 1991, AT 7:30 P.M. IN THE COUNCIL CHAMBERS. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adjourned the City Council meeting of March 18, 1991, at 8:17 p.m. Mayor City Secretary 1 n L Vol. 60, Page 59