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1995-03-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MARCH 6, 1995 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Ron Pyle Councilmembers Bill Moses Bob Phelps Nancy Hardie Calla Davis The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Tidwell Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Fire Chief Kyle King Director of Public Works Mark Pavageaux City Management Assistant David Reedy Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of March 6, 1995 to order at 7:30 P.M.. The meeting was televised. Vol. 68, Page 80 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING MARCH 5-11, 1995, AS "SEVERE WEATHER AWARENESS WEEK." Mayor Blair read the proclamation and proclaimed March 5-11, 1995 as "Severe Weather Awareness Week." This is concurrent with Severe Weather Awareness Week in Texas. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to George Romo of the Sanitation Division. Mayor Blair presented a fifteen year employee service award to Melvin Eades of the Public Works Department. Mayor Blair presented a fifteen year employee service award to Mary Jane Stevenson of the Library. A.4 REPORT ON STUDY SESSION ITEMS. Deputy Mayor Pro Tem Hardie gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. Mayor Blair stated that under the title of consent items are items that are to be considered collectively and may not require discussion or action. 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 allow more time for those items that may need more lengthy discussion. A motion by Mayor Pro Tem Pyle, a second by Councilwoman Davis, all voting "aye", added items D.1 and D.2 to the consent agenda. Vol. 68, Page 81 A motion by Mayor Pro Tem. Pyle, a second by Councilwoman Hardie, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 20, 1995. B.2 ADOPTED RESOLUTION NO. 95-028 AUTHORIZING A ONE YEAR RENEWAL OF THE CITY'S BANK DEPOSITORY CONTRACT WITH TEXAS COMMERCE BANK, NATIONAL ASSOCIATION. D.1 APPROVED A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 6, 1995 CITY COUNCIL ELECTION OF COUNCILMEMBERS PLACE 1 AND PLACE 4. D.2 APPROVED THE FOLLOWING CAPTIONED ORDINANCE NO. 2171: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 2168 OF THE CITY, WHICH ORDERED A GENERAL ELECTION FOR CITY OFFICIALS FOR MAY 6, 1995, 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. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative update and status report on the happenings of various city projects. C.2 CONSIDER THE REQUEST OF LAL VARGHESE, ON BEHALF OF MAR THOMA CHURCH, TO CONSIDER APPROVAL OF A SPECIFIC USE PERMIT FOR A CHURCH TO BE LOCATED AT THE SOUTHEAST CORNER OF LUNA ROAD AND LAKE DRIVE APPROXIMATELY 1,900 FEET SOUTH OF LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 67 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The public hearing to consider this request was conducted on February 20, 1995. The public hearing was closed and, at the request of the applicant, consideration of the item was continued until March 6, 1995. Vol. 68, Page 82 The Mar-Thoma Church owns a 6.9 acre tract of undeveloped land located along the east side of Luna Road between Crown Drive and Lake Drive. The Church originally proposed to develop 4.9 acres of the site at the southeast corner of Luna Road and Lake Drive. The 4.9 acres was to be developed in two phases, with approximately 2.68 acres comprising Phase I. The site plan for Phase I includes a church facility, 17,343 square feet in area, containing a sanctuary, fellowship hall and classrooms. The entire structure will functionally be one story although the sanctuary will reach a height of approximately 49 feet. The sanctuary will accommodate 407 people. The building will have a tan tilt wall and patterned concrete exterior. Approximately 28 percent of the Phase I site will be landscaped. At the February 20, 1995 public hearing, the applicant agreed to limit the area to be included within the specific use permit and site plan approval request, to Phase I only, the most northern 2.68 acres of the land owned by the church. This change was not discussed or considered by the Planning and Zoning Commission. If the specific use permit is approved for Phase I only, prior to any future development of the remaining 4.22 acres for church uses, a specific use permit and site plan must be approved by the Planning and Zoning Commission and the City Council. The Planning and Zoning Commission, by a four to two vote, recommends that the specific use permit, including Phases I and II, and associated site plan for Phase I be approved with the condition that an irrigation plan be submitted and approved by the City Staff prior to the issuance of any irrigation permits or any certificate of occupancy. Mr. Art Anderson, representing Mar Thoma Church, passed out materials describing how members raised approximately $300,000 to build the church. Mr. Anderson gave a brief history of the beginning of this church. Mr. Anderson stated the applicant has worked very hard to answer questions and concerns raised by the City Council, including withdrawing Phase II. Mr. Anderson explained his client attempted to contact the Manhattan Land Company for a meeting, however, there appears to be no intent or desire on their behalf to hold a meeting. Mr. Anderson stated the architect is in the audience if the City Council has any questions concerning the actual structure. Mr. Ed M. Farrow, 4555 Catina Lane, representing The Lakes on LB7 and built by the Manhattan Land Company, explained the owners and developers of the property purchased and built on this location according to the covenants and deed restrictions. Mr. Farrow stated the City should uphold the credibility of this development as approved and filed with the City. Mr. Farrow stated when the property was sold, these deed restrictions were made a part of the contract and contends the property should stay under those conditions and the specific use permit should not be granted. Mr. Farrow stated he was contacted by a Fortune 500 company that is interested in purchasing the 108 acres. Mr. Farrow felt the church request would restrict Vol. 68, Page 83 development if approved and is asking the City Council to vote against the specific use permit. Mayor Blair stated the City had received a letter opposing this request from Mr. Farrow and asked for the record if Mr. Farrow still opposes this request. Mr. Farrow stated the letter is in force and he still opposes the request. Mayor Blair explained this request will require a super majority vote by the City Council which is a 3/4 vote, or 4 members having an affirmative vote to pass this item. Mayor Blair stated the City Council had hoped the two parties would try to resolve this issue or come to some understanding and that has not occurred. Mr. Farrow explained he contacted his attorney and the owners, and that all parties felt it in the best interest of City, as well as the whole development, that the church use be denied. Mr. Farrow explained the owners insist the property remain the same. Mr. Farrow stated Manhattan Land Company made an offer to purchase the property from the church and that has not worked out. Mr. Farrow explained this church is in the middle of a major development. Mayor Blair explained the City has no legal right to enforce the covenants made by private land owners and an problems with the covenants will have to be dealt with by the property owners themselves. Mayor Blair stated the City cannot deny a church strictly on the basis of the use, denial must be based on a determination that the church would be detrimental to the property, zoning, and the city. Mayor Blair explained there is nothing to prohibit a church in this area. Mayor Pro Tem Pyle asked Mr. Anderson if this request, as presented tonight, was for the 2.6 acres instead of the 4.9 acres. Mr. Anderson stated this was correct and his client has withdrawn Phase II. Mayor Blair stated that the Planning and Zoning Commission recommended approval of Phase I, the 2.68 acres, with the condition that an irrigation plan be submitted and approved by the City Staff prior to the issuance of permits. Mayor Blair asked Mr. Anderson if this had been resolved. Mr. Anderson responded that his clients have agreed to comply with the condition of the irrigation plan. Vol. 68, Page 84 Mayor Pro Tem Pyle stated the City Council started discussion on this project in 1993 and sees no legal reason not to approve this request and encourages the balance of the City Council to support this request. There followed a discussion on uses in the area such as casinos, the serving of alcohol, and if the church would oppose such uses. During the discussion, representatives from the church stated they would not oppose any such developments and would submit a written statement to that effect for the record. Councilwoman Davis explained she did not feel this use was an appropriate use of this land. Councilwoman Davis stated the City Council as a whole have made decisions such as to not rezone on the west side of the City to allow apartments, decisions in the Old Farmers Branch area regarding used car dealerships, and feels this is the same type of issue. Councilwoman Davis stated if she were to vote in favor of this request tonight, the motion would have to reflect that only the sanctuary be approved and deny any other uses such as day care facilities, and counseling centers because they do not belong in industrial areas. Councilman Phelps felt the concerns of Councilwoman Davis were addressed in Ordinance 2162(A) which only includes the 2.68 acres. Councilman Phelps explained the church would have to come before the Planning and Zoning Commission and the City Council to request approval on any new church uses for the remainder of their property. City Manager Richard Escalante stated if the City Council wanted that specific language in the ordinance, staff suggests such language be added to Section 4. There being no further discussion, Councilman Moses made a motion to approve the Specific Use Permit and site plan for Phase I, an area of 2.68 acres which includes a sanctuary, fellowship hall, classrooms, and offices and that the applicant provide an amended site plan deleting all references to Phase II and the amended site plan would clearly and unequivocally illustrate that no approval of development beyond Phase I has been granted. Councilman Phelps seconded the motion. Councilman Hardie asked if the motion included the recommendation of the Planning and Zoning Commission with the condition that an irrigation plan be approved by the City Staff prior to the issuance of irrigation permits or any Certificates of Occupancy. Councilman Moses and Councilman Phelps accepted that this condition recommended by the Planning and Zoning Commission is to be included in the motion and second. The motion carried 4 to 1, with Councilmembers Moses, Phelps, Hardie and Pyle voting "aye", and Councilwoman Davis voting "nay". Vol. 68, Page 85 Mr. Bob Farrow, 4324 Archidy, asked when the City originally granted the specific use permit or changed the zoning to allow a church use, would that have required a super majority vote by the City Council. Mayor Blair stated he did not believe it required a super majority vote. City Attorney John Boyle stated that request was only an amendment to the basic ordinance and had nothing to do with rezoning of a specific piece of property. Mr. Farrow stated they had objected to that request when it was brought before the City Council originally. Mr. Michael Spicer, City Planner, explained in 1993 the Manhattan Land Company did express written opposition to the proposed zoning amendment and that it was approved by a super majority vote at that time. Mayor Blair asked the applicant if they could get a letter to the City as soon as possible confirming they had no opposition to alcohol or related uses in the area. D.1 CONSENT. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 95-033 AWARDING THE BID FOR A REPLACEMENT BACKHOE TO DALLAS FORD NEW HOLLAND AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid request for one backhoe for the Public Works Department Utilities Division was sent to six vendors on February 9, 1995, and two bids were received. The lowest bid met specifications and was submitted by Dallas Ford New Holland for the amount of $38,629.00. The old backhoe will be sold at a public auction for an estimated $10,000.00. Budget funds in the amount of $58,000.00 are available in the 1994-95 Public Works Department Utilities Division Fixed Asset account for this purchase. Staff recommends awarding the bid to the low bidder meeting specifications which was Dallas Ford New Holland for the amount of $38,629.00. Staff recommends adopting Resolution No. 95-033 awarding the bid for one new backhoe to Dallas Ford New Holland for the amount of $38,629.00. LJ Vol. 68, Page 86 There being no discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 95-033 authorizing the City Manager to purchase a new backhoe from Dallas Ford New Holland for the amount of $38,629.00. Mayor Blair asked if City staff had estimated the purchase to cost $58,000.00. Don Moore, Director of Equipment Service, stated staff had estimated to cost at approximately $58,000.00. Mr. Moore stated the Ford Company has gotten into the market and can offer this equipment at a much better price. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that he and members of staff attended a meeting in Austin on February 22nd to testify on behalf of Senate Bill 212 which is the day care bill. Mayor Blair explained they met with Senator Shapiro's staff, Senator Nelson, and House Member Representative Kenny Marchant on this legislation. Mayor Blair stated this bill exempts municipalities from child care issues and passed with a 31 to 0 vote and is now in the house for consideration. Mayor Blair stated they also discussed the sales tax issue. Mayor Blair stated he is a member of the Regional Transportation Commission which meets under the Council of Governments in Arlington. Mayor Blair explained this is an extremely important committee because they have approval authority on what monies are to be allocated for transportation issues that go before the Texas Department of Transportation. Mayor Blair stated there is a meeting in Austin on March 8th and requests approval to attend this meeting. Mayor Blair stated this committee will also be making a presentation on March 30th in Austin and would also like to attend this meeting. A motion by Mayor Pro Tem Pyle, a second by Councilwoman Davis, all voting "aye", approved travel to Austin on March 8th and March 30th to Austin for any member of the City Council. D.5 CITIZEN PARTICIPATION. No one came forward. AT 8:40 P.M. MAYOR BLAIR ANNOUNCED THAT THE CITY COUNCIL WOULD CONVENE INTO EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAD BEEN DISCUSSED IN THE EXECUTIVE SESSION TO CONSIDER NECESSARY ACTION. TEXAS Vol. 68, Page 87 GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY. 2. DISCUSS APPOINTMENTS TO THE DALHOMA TRAIL ADVISORY COMMITTEE OF NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. Mayor Blair and Members of the City Council discussed appointments to the agencies listed above. E.lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS STATUS ACQUISITION OF TWO (2) TRACTS OF LAND LOCATED AT THE NORTHWEST AND SOUTHWEST INTERSECTION OF MARSH LANE AND BROOKHAVEN CLUB DRIVE, APPROXIMATELY 47,380 TOTAL SQUARE FEET. Assistant City Manager John Burke and City Attorney John Boyle presented a status report regarding this property to the City Council. THE COUNCIL RECONVENED INTO GENERAL SESSION AT 9:49 P.M. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that appointment to the Valwood Improvement Authority and appointments to the Dalhoma Advisory Committee will be considered at the next meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced the City Attorney advised of the property owner's acceptance of the city's offer for the right of way needed at the southwest corner of the intersection of Brookhaven Club Drive and Marsh Lane and the property documents being prepared. Also, that the City will proceed with the acquisition of the property needed for right of way on the northwest corner of Brookhaven Club Drive and Marsh Lane. Vol. 68, Page 88 F.1 ADJOURNMENT. A motion by Councilwoman Davis, a second by Mayor Pro Tem Pyle, all voting "aye", adjourned the City Council meeting of March 6, 1995, at 9:52 P.M. Mayor City Secretary ~I Vol. 68, Page 89