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1991-04-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 1, 1991 COUNCIL CHAMBER CITY HALL 7:31 P.M. The following members of the City Council were present: Mayor Mayor Pro Temp 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 Economic Development Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Police Chief Director of Public Works Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish David Reedy Donna Huerta Norma Nichols Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller Jimmy Fawcett Mark Pavageaux Brenda Anderson Mayor Blair called the City Council Meeting of April 1, 1991 to order at 7:31 p.m. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a 20 year employee service award to Virgil Ellzey of the Police Department. Mayor Blair also presented an award to Lieutenant Ellzey for his Vol. 60, Paqe 60 excellent attendance record with the city for the twenty years of employment. Mayor Blair presented a 5 year employee service award to Sandy Bell of the Library. Mayor Blair presented a 5 year employee service award to John Roach of the Engineering Department. Mayor Blair presented a 5 year employee service award to Pete Pistole of the Sanitation Division. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. B.1 - B.5 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 Moses, all voting "aye", approved adding agenda items C.8, C.9, D.1 and D.2 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 C.8, C.9, D.1 and D.2. B.1 APPROVED MINUTES OF COUNCIL MEETING OF MARCH 18, 1991. B.2 ADOPTED RESOLUTION NO. 91-045 APPROVING AN AGREEMENT WITH TU ELECTRIC IN THE AMOUNT OF $7,727 FOR THE INSTALLATION OF STREET LIGHTS ON VALWOOD PARKWAY BETWEEN JOSEY LANE AND DENNIS ROAD. B.3 ADOPTED RESOLUTION NO. 91-048 APPROVING A CITY/COUNTY INTERLOCAL AGREEMENT WITH THE COUNTY OF DALLAS TO PERFORM ROTO-MILLING SERVICES ON, ALBEMARLE FROM RUGBY TO VALWOOD FOR AN ESTIMATED COST OF $4,000. Vol. 60, Page 61 B.4 ADOPTED RESOLUTION NO. 91-053 APPROVING CHANGE ORDER NO. 3 IN THE AMOUNT OF $8,163.80 DECREASING THE CONTRACT AMOUNT TO $2,035,088.20 RELATIVE TO A CONSTRUCTION CONTRACT WITH EAGLE CONTRACTING CORPORATION, FOR THE CONSTRUCTION OF THE WICKER STREET 5MG GROUND STORAGE RESERVOIR. B.5 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1933 GRANTING A LICENSE TO PRENTISS PROPERTIES LIMITED, INC., TO CONSTRUCT, INSTALL, OPERATE AND MAINTAIN A CABLE WITHIN STREET RIGHT-OF-WAY. AN ORDINANCE GRANTING A LICENSE TO CONSTRUCT, INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS/FIBER OPTIC CABLE WITHIN A DEDICATED PUBLIC STREET RIGHT-OF-WAY TO LUNA ROAD; PROVIDING RESTRICTIONS AND REQUIREMENTS; PROVIDING AN ANNUAL FEE: PROVIDING FOR REVOCATION AND TERMINATION; PROVIDING FOR A HOLD HARMLESS AGREEMENT AND INSURANCE; PROVIDING FOR WRITTEN ACCEPTANCE BY THE LICENSEE; PROVIDING AN EFFECTIVE DATE C.8 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1928 ON SECOND READING GRANTING TEXAS UTILITIES ELECTRIC COMPANY A 25-YEAR FRANCHISE. AN ORDINANCE GRANTING TO TEXAS UTILITIES ELECTRIC COMPANY A FRANCHISE FOR THE PURPOSE- OF CONSTRUCTING, MAINTAINING AND USING AN ELECTRIC POWER UTILITY SYSTEM IN THE CITY OF FARMERS BRANCH, TEXAS; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; REQUIRING JOINT USE OF POLES, TRENCHES, AND CONDUITS IN CERTAIN INSTANCES; PRESCRIBING THE RELATIONSHIP AND RELATIVE RIGHTS BETWEEN GRANTEE AND OTHERS WITH RESPECT TO CONSTRUCTION IN THE CITY AND LOCATION OF FACILITIES; PROVIDING FOR THE QUALITY OF SERVICE TO BE PROVIDED BY GRANTEE; PRESCRIBING THE DUTIES, RESPONSIBILITIES AND RULE MAKING AUTHORITY OF THE CITY COUNCIL AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; REQUIRING CERTAIN RECORDS AND REPORTS AND PROVIDING FOR INSPECTIONS; RESERVING TO THE GOVERNING BODY OF THE CITY THE RIGHT TO SET CHARGES AND RATES OF GRANTEE; PROVIDING THE PROCEDURE FOR CHANGING THE RATES OF GRANTEE AND PROVIDING THE RIGHTS AND RESPONSIBILITIES OF THE GOVERNING BODY IN SETTING THE RATES; PROVIDING FOR CUSTOMER SECURITY DEPOSITS; PROVIDING FOR SUSPENSION OF SERVICE TO A CUSTOMER; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; SETTING FORTH THE TERM OF THE FRANCHISE AND ITS RENEWAL; REPEALING ALL PRIOR ORDINANCES Vol. 60, Paqe 62 GRANTING A FRANCHISE TO TEXAS UTILITIES ELECTRIC COMPANY OR ITS PREDECESSOR; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. C.9 AUTHORIZED THE EXECUTION OF AN AGREEMENT WITH THE METROCREST CHAMBER OF COMMERCE FOR FUNDING OF $7,500 AS PROVIDED IN THE 1990-91 BUDGET. D.1 ADOPTED RESOLUTION NO. 91-057 APPROVING THE FOLLOWING STREETS FOR INCLUSION IN THE STREET RESURFACING PROGRAM. Albemarle Drive between Rugby and Valwood Avenel Drive between Bee and Albemarle Elder Street between MKT Railroad and Havenhurst Ermine Way between Onyx and Golfing Green McClintock Street between Fruitland and Richland Olympic Court from Olympic Drive to Cul de Sac Onyx Lane between Glenside and Golfing Green Rugby Lane between Bee and Albemarle Sinbad Trail and Circle between Onyx and Golfing Green Springlake Road from IH35 to 600' west of IH35 Sunbeck Circle Tom Field Road between Farmers Branch Lane and Valley View D.2 APPROVED THE FIREWORKS CONTRACT WITH ATLAS ENTERPRISES, INC. IN AN AMOUNT NOT TO EXCEED $8,000 FOR THE JULY 6, 1991, FOURTH OF JULY WEEKEND CELEBRATION AT THE DOUBLETREE HOTEL. MAYOR BLAIR RECOGNIZED TOM PARSONS, REPRESENTING T U ELECTRIC, WHO EXPRESSED APPRECIATION TO THE CITY STAFF AND ELECTED OFFICIALS AND PLEDGED T U ELECTRIC'S COOPERATION AND DEDICATION TO SERVE THE CITY. 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. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF PETER KAMAN'S, 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 for consideration. At its March 18, 1991 meeting, the City Council continued the public hearing until April 1, Vol. 60, Page 63 1991 in order to allow the applicant additional time to evaluate possible alternative locations for the proposed antenna and use of a metal pole in lieu of the proposed wooden pole. The applicant was asked to investigate locating the antenna on the existing TCI Cablevision tower on Veronica Road, or moving the proposed antenna location to the north, toward Valley View Lane, still within the Shopping Center service alley. The applicant has no objection to using a metal pole in lieu of a wooden pole but has determined that sharing use of the TCI tower is not feasible due to potential radio frequency interference and equipment overload of the tower structure itself. The applicant also finds that no other lease space is available within the recessed service area behind the shopping center and consequently, no alternative location within the shopping center is being proposed. Prior to the proposed antenna being considered for council approval, amendment of the PD-8 height restriction standard must be approved. The proposed amendment would increase the maximum allowable height for antenna towers from 28 feet to 65 feet and require approval of a Specific Use Permit. The maximum height of other structures would remain at 28 feet. 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 tower" to a height of sixty five feet with a specific use permit, be approved as submitted. Mayor Blair opened the public hearing and recognized Peter Kavanagh, representing Southwestern Bell Mobile Systems. Mr. Kavanagh made a short presentation as to the need and reasoning of the location of the antenna. Mayor Blair recognized David James, 2909 Eric Lane, who stated his three concerns were the preferred use of a metal pole in lieu of the wooden pole, reducing the rack size on the pole, and the possibility of limiting the permit to seven years. Mayor Blair recognized Nancy Whitefleet, 2802 Escada, representing the Tara Place Homeowners, who stated opposition due to the appearance and view. Mayor Blair recognized H. L. Baccus, speaking on behalf of Francis Adams of Tara Place, who spoke in opposition to the permitted use stating it would be an aesthetic Vol. 60, Page 64 degradation of home owners as well as the shopping center. Mayor Blair recognized Bruce Carlin, 13450 Challaburton, who asked were there any benefits the City would derive from the permitted use? Mayor Blair recognized Tom Mann, 2813 Estelle, Tara Place, who stated he did not oppose the placing of the antenna. 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. Mr. Kavanagh addressed the concerns that were stated in the public hearing. Mr. Kavanagh responded that the metal poles would be acceptable and he would investigate obtaining the smallest size rack for the pole available. He also stated the City would receive property tax on the approximate $500,000 value of the equipment if placed in the shopping center as desired. The service would also be beneficial to businesses who use cellular mobile phones and the police department. Mr. Kavanagh stated he did not feel that limiting the SUP would be necessary because if cellular systems improve, the Company would change out the antenna in order to improve and upgrade its technology. Discussion followed with the council concerning searching for another location that would not be so visible especially to the adjoining residential area. A motion was made by Councilman Binford, a second by Councilman Phelps, to continue this item until it is ascertained there is no other space that can be used. After a short discussion, the motion passed with a vote of 3-2, Mayor Pro Tem Pyle, Councilman Phelps and Binford voting "aye", and Councilmembers Davis and Moses voting "nay." C.3 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 presented the following information. At its March 18, 1991 meeting, the City Council continued the public hearing until April 1, 1991 in order to Vol. 60, Paqe 65 allow the applicant additional time to evaluate possible alternative locations for the proposed antenna and use of a metal pole in lieu of the proposed wooden pole. The applicant was asked to investigate locating the antenna on the existing TCI Cablevision tower on Veronica Road or moving the proposed antenna location to the north, toward Valley View Lane, yet still within the Shopping Center service alley. The applicant has no objection to using a metal pole in lieu of a wooden pole but has determined that sharing use of the TCI tower is not feasible due to potential radio frequency interference and equipment overload of the tower structure itself. The applicant also finds that no other lease space is available within the recessed service area behind the shopping center and consequently, no alternative location within the shopping center is being proposed. Consideration of this Specific Use Permit request for an antenna 65 feet tall is contingent upon adoption of the PD-8 amendment to allow such structures to a height of 65 feet. City Staff has contacted both the Dallas County Appraisal District and the Federal Communications Commission regarding this request. The DCAD stated that the antenna should not adversely affect property values. The F.C.C. stated that it has not received any complaints regarding cellular telephone antennas and that by their operational nature; it is extremely unlikely that a problem with interference would occur. The Planning and Zoning Commission, by a 4 to 2 vote, recommends that ordinance Number 1930, approving the specific use permit for a cellular mobile telephone antenna at 12895 Josey Lane, Suite 132, be approved as submitted. Mayor Blair opened the public hearing. A motion by Councilman Phelps, a second by Councilman Binford, was made to continue the public hearing until the next meeting of April 15, 1991. The motion passed with a vote of 3-2 with Mayor Pro Tem Pyle, Councilman Phelps and Binford voting "aye", and Councilmembers Davis and Moses voting "nay." C.4 CONSIDER ADOPTING ORDINANCE NO. 1931 APPROVING A SPECIFIC USE PERMIT - INTERIM USE FOR A CELLULAR MOBILE TELEPHONE ANTENNA WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT AND. LOCATED AT 1641 KEENAN BRIDGE ROAD AND TAKE APPROPRIATE ACTION. Vol. 60, Page 66 Mayor Blair presented the following information for consideration. At the March 18, 1991 meeting, city Council approved a Specific Use Permit-Interim Use and associated site plan for a cellular mobile telephone antenna for a period of 20 years, to expire no earlier than March 31, 2011. The approved development occupies 2000 square feet of the northeast corner of the "Gregory Addition" at 1641 Keenan Bridge Road and includes a steel monopole antenna tower 92 feet tall and a 286 square foot computer equipment building enclosed by a chain link fence 6 feet tall. As directed by City Council action, Staff has prepared Ordinance No. 1931 which limits the life span of the SUP to 20 years and approves the site plan for the installation of the antenna. Staff recommends that Ordinance No. 1931 be adopted as submitted. A motion by Councilman Binford, a second by Mayor Pro Tem. Pyle, all voting "aye", approved the following captioned Ordinance No. 1931 approving the specific use Permit-Interim Use for a cellular phone antenna at 1634 Keenan Bridge Road for a period of 20 years. 0 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT APPROVAL OF A SPECIFIC USE PERMIT - INTERIM USE (TO EXPIRE ON MARCH 31, 2011) AND ASSOCIATED SITE PLAN FOR A CELLULAR MOBILE TELEPHONE ANTENNA WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT AND LOCATED AT THE NORTHEAST CORNER OF THE GREGORY ADDITION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.5 CONSIDER REQUEST TO DISCUSS TRAFFIC CONGESTION AT THE INTERSECTION OF VALLEY VIEW LANE AND WEBB CHAPEL ROAD AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated this item has been placed on the agenda at the request of Bruce Carlin, 13450 Challaburton. Mayor Blair recognized Bruce Carlin who requested residents not be allowed to park their cars on the north side of Valley View Lane east of Webb Chapel Road, because it created a safety hazard as well as traffic congestion. Vol. 60, Page 67 Mayor Blair recognized David James, 2909 Eric Lane, who stated that the residents had been granted this easement to allow parking, but he could see that safety could be a problem. Discussion followed that a study had been made which reflected that no accidents had occurred there relating to the parked cars and that by not allowing citizens to park on the street only added eight seconds to the traffic flow. Therefore, Council did not feel it necessary to make any changes at this time. C.6 CONSIDER REQUEST OF EDDIE MCKIBBIN TO DISCUSS ORDINANCE NO. 1777 RELATING TO NECESSITY OF RESTROOM FACILITIES ON A MOBILE FOOD UNIT. Mayor Blair stated that Mr. Eddie McKibbin, representing Independent Caterer's Inc., had requested that this item be placed on the City Council agenda to discuss ordinance No. 1777, Section 8-107 (c) relating to the necessity of restroom facilities on a mobile food unit. The City Staff recommends the item be continued to the April 15, 1991 City Council meeting. Mayor Blair recognized Eddie McKibbin who stated his concern regarding the requirement of restroom facilities on a mobile food unit. Mayor Blair stated that this request would be taken into consideration and reviewed. A motion by Mayor Blair, a second by Mayor Pro Tem Pyle, all voting "aye", approved to continue this item to the April 15 City Council meeting. C.7 CONSIDER REQUEST OF DR. CARL FOULDS FOR RELIEF FROM SEVERAL REQUIREMENTS OF FARMERS BRANCH ORDINANCE NO. 1918 AND TAKE APPROPRIATE ACTION. Mayor Blair stated that Dr. Foulds has requested that this item be placed on the City Council agenda. The Staff recommends that Ordinance #1918 not be amended. Mayor Blair recognized Dr. Carl Foulds who expressed consideration for changing ordinance No. 1918 relating to the requirement relating to the necessity of restroom facilities on a mobile food unit. Dr. Foulds stated that he felt this was unnecessary and an expense' to the vendors. Vol. 60, Page 68 Discussion followed regarding the requirements of the ordinance and procedures in regards to health and safety reasons. A motion by Mayor Blair, a second by Councilman Binford, all voting "aye", agreed to not amend Ordinance No. 1918. C.8 'Consent item C.9 Consent item D.1 Consent item D.2 Consent item D.3 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. Councilman Binford stated there was a need for the City Manager to have authority to travel on an emergency basis such as the emergency meeting at the Texas Air Control Board in Austin earlier today. A motion by Councilman Binford, a second by Mayor Pro Tem. Pyle, all voting "aye", authorized for City Manager to travel on an emergency basis as he deems necessary and travel reimbursement be reviewed by Council. Mayor Pro Tem Pyle, Councilman Phelps and City Manager Escalante reported on an informative legislative trip to Austin with the Metrocrest Chamber. D.4 CITIZEN PARTICIPATION. There was no one wishing to speak. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of April 1, 1991, at 9:24 p.m. F Mayor ~~LyY1-r~ ~7 City Secretary Vol. 60, Page 69