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Home My WebLink AboutCity Council-Minutes-5/19/1992 MIHUTES OF COLLEYVILLE CITY COUNCIL MAY 19, 1992 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Richard Newton on May 19, 1992, at 6:53 p.m. ROLL CALL: Councilpersons Linda Ahlers, Claudia McKenney, steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob stripling, Director of Community Development John Warden, City Engineer Mike Jones, City Attorney Ross Foster, and Administrative Assistant Barbara Bankston were also present. City Secretary Jean Harris was attending the International Institute of Municipal Clerk's conference out of town. Councilperson Ed McKnight gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of May 5, 1992 Councilperson Ahlers moved to approve the Minutes of the regular Council Meeting of May 5, 1992. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 2. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property paragraph f - Legal - Litigation - School Site Special Use Permit paragraph f - Legal - Litigation - Resolution Trust Corporation Law Suit Mayor Newton explained that the Executive Session had been called in accordance with Article 6252-17, Section 2, Paragraph e - Land Acquisition, and Paragraph f - Legal. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 7:00 p.m., and was reconvened at 7:35 p.m. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Proclamation - Child Passenger Safety Week Proclamation - National Garden Week (' Councilperson Feigel advised she attended a breakfast sponsored by the Star Telegram on May 12, 1992, to introduce Bill Parker, Kroger's new president, to community leaders and elected officials. -1- CITY COUNCIL MINUTES MAY 19, 1992 Councilperson Ahlers advised she had received a letter from the Garden Club concerning "Plant Rescue." Mayor Newton read a Proclamation declaring May 22-29, 1992, as Child Passenger safety Week in the City of Colleyville and stated that this Proclamation would be mailed to the appropriate persons. Mayor Newton read a Proclamation declaring June 1-7, 1992, as National Garden Week in the City of Colleyville, and presented the Proclamation to Phyllis Fisher who was present representing the Colleyville Garden Club. CONSENT: 7:30 P.M. 4. READING AND PUBLIC BEARING - Resolution R-92-770 - Consent Items: a. Approval of Water Well Permit at 5313 Montclair Drive b. Replat of 3.03 acres out of the J. S. Newton Survey, Abstract 1177, Lots 1, 2, and 3, John Gilmore Subdivision--Lots 1R & 2R, John Gilmore Subdivision, 6004 Bettinger c. Replat of 1.499 acres out of the Simon cotrail Survey, Abstract 328, Lots 21 and 22, Block 1 and Lot 1, Block 5, Summerbrook West Addition--Lots 21R and 22R, Block 1 and Lot 1R, Block 5, Summerbrook West Addition, Greenhill Lane and Danbury Drive d. Combination Preliminary Plan and Final Plat, 1.259 acre tract out of the S. Cotrail Survey, Abstract 328, Tracts 3Q and 3Q3--Mahoney Addition, 1711 Tyler Street e. Final Plat, 12.294 acre tract out of the W. R. Joyce Survey, Abstract 885, Tracts 1C1, 1C2, 1C3, and 1C4--Highland Meadows V, Hall Johnson Road and Pool Road f. Combination Preliminary Plan and Final Plat, .7411 acre tract out of the G. W. Minter Survey, Abstract 1034, Tract 10A1B--Twin Oak Estates, 5207 Roberts Road g. Amended Final Plat, Ross Downs Estates IV, 17.859 acre tract out of the Robert Chowning Survey, Abstract 295--Ross Downs Estates IV h. Replat of Lot 1, Block 1 of the Clark Addition--Lots 1 and 2, Clark Addition, 4615 Patterson Lane i. Set Public Hearing on June 2, 1992, for request to move two (2) permanent buildings to 817 Central Drive Mayor Newton opened the Public Hearing and read Resolution R-92-770 in its entirety. Adele Foster, 5405 Montclair, spoke concerning Item C of the Consent Resolution. Discussion ensued among the Councilmembers regarding platting and right-of-way maintenance on Item C. Mayor Newton asked if there were others to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. councilperson McKain moved to approve Resolution R-92-770. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None -2- CITY COUNCIL MINUTES MAY 19, 1992 Mayor Newton declared the motion carried. PUBLIC HEARINGS: 5. READING AND PUBLIC HEARING - Resolution R-92-782 - Combination Preliminary Plan and Final Plat, 7.76 acre tract out of the W. R. Joyce Survey, Abstract 885, Tracts 1C and 1C4A--Highland Meadows Christian Church Addition, N.W. Corner of Hall Johnson Road and Pool Road Mayor Newton opened the Public Hearing and read Resolution R-92-782 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Mr. John Miller, Senior Minister of Highland Christian Church, 3605 Chittam Lane, was present to answer questions of the Council. Mr. Dave Crydale, 1320 Fieldstone, also representing Highland Meadows Christian Church, spoke concerning the possible waiving of perimeter street fees. Discussion ensued among the Councilmembers regarding staff's recommendation, percentage of the project budget the $61,800 reflects, and consistency in policy. Councilperson Ahlers moved to approve Resolution R-92-782, and to defer the impact fee discussion until further information is acquired. councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-92-863 - Special Use Permit to sell Alcoholic Beverages at 6605 Colleyville Boulevard Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 863. Mr. Tom Michaels and Ms. Sammie Bolling spoke concerning restrictions and the decision made by the Planning and Zoning Commission regarding this item. Mr. Tom Mooney, Applicant, 404 Oak Valley Drive, responded to questions of the Council regarding the parking area and number of vehicles on the property. Mayor Newton asked if there were others to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Councilmembers regarding the cars being displayed and the SUP being a rezoning. Councilperson Ahlers moved to approve Ordinance 0-92-863. Councilperson McKenney seconded the motion. Ayes: Nays: Councilperson Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. -3- CITY COUNCIL MINUTES MAY 19, 1992 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-92-865 - Request of Rodney & Linda Waschka, Zoning Change Request from AG to R20, 20.947 acre tract out of the R. Chowning Survey, Abstract 294, Tracts 4B, 5A2, and a portion of Tract 4; and a portion of Lot 1, Block 1 of the Chowning Addition, Heritage Colony Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 865. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-92-866 - Amending the Colleyville Sign Ordinance reducing the minimum required distance between freeway signs from five hundred fee (500') to two hundred forty feet ( 240 ' ) Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 866. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-92-868 - Special Use Permit to provide for the Sale of Alcoholic Beverages at the Kroger store located at 4904 Colleyville Boulevard Mayor Newton opened the Public Hearing and read Ordinance 0-92-868 in its entirety. Mr. Dan Tauer, representing The Kroger Company, was present to answer questions of the Council. Mr. Steven Smith, 5001 Camelot, spoke concerning the distance between the proposed elementary school and the Kroger store. Mayor Newton asked if there were others to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. TABLED ITEMS: 10. DISCUSSION AND CONSIDERATION OF FEASIBILITY STUDY FOR CHELSEA CREEK DRAINAGE IMPROVEMEHTS Mr. and Mrs. Clayton E. McCrary, 5113 Camelot Drive, spoke in opposition to drainage improvements in front of their property, and in favor of an underground channel. Mr. Ray Dean, 5106 Montclair, also spoke in support of an underground channel. Ms. Jeanene Myers, 5105 Camelot; Mr. Floyd Futch, 2016 Glade Road; and Mr. Stephen E. Smith, spoke in support of the proposed Plan D. Council McKnight moved to approve the proposed Plan D. The motion died for lack of a second. Mayor Newton asked the neighborhood to come back before Council and recommend alternate suggestions for the drainage improvements. ~ The residents present recommended that Council make a decision and not delay any longer. -4- CITY COUNCIL MINUTES MAY 19, 1992 Councilperson McKnight moved to approve the proposed Plan C, with the exception that the stipulation of having the drainage improvements in front or behind the property not be included. Councilperson McKain seconded the motion. Ayes: Councilpersons McKain and McKnight Nays: Councilpersons Ahlers, McKenney, and Feigel Mayor Newton declared the motion failed and requested this item be tabled until further review. Councilperson McKnight moved to table the item. Councilperson McKenney seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight. Nays: None Mayor Newton declared the motion carried. ACTION ITEMS: 11. DISCUSSION AND CONSIDERATION OF PRESENTATION BY SIDEWALK TASK FORCE Ms. Gail Manion, Chairperson, 3003 Meadowview, distributed the Sidewalk Priorities Report and spoke in support of the recommendations. Discussion ensued among the Councilmembers regarding funding sources other than the General Fund, and the prioritization of the Task Force's recommendations. 12. DISCUSSION AND CONSIDERATION OF RECOMMENDATION FROM THE PARKS AND RECREATION ADVISORY BOARD FOR THE ADOPTION OF 1/2 CENT SALES TAX FOR THE PURPOSE OF PARK DEVELOPMENT Alan Linford, Park and Recreation Board Chairperson, 3202 Wiltonwood Court, spoke in favor of the 1/2 cent Sales Tax increase for the purpose of park development and the possibility of an August election to increase this tax. 13. DISCUSSION AND CONSIDERATION OF MATCHING FUNDS FOR THE CONSTRUCTION OF A CREATIVE PLAYGROUND Len Ledet, Creative Playground Committee Chairperson, spoke in support of obtaining funding for the Creative Playground and asked the Council to consider this subject during the 1993 Fiscal Year budget process. At 11:00 p.m. the Council adjourned into executive session and returned at 11:19 p.m. 14. DISCUSSION AND CONSIDERATION OF GRAPEVINE/COLLEYVILLE INDEPENDENT SCHOOL DISTRICT LAW SUIT SETTLEMENT AGREEMENT Councilperson McKnight stepped down from the council table due to a conflict of interest. Councilperson Alhers moved to authorize Mayor Newton to sign the proposed agreement including a dedication of a portion of right-of-way for the future construction of Center Park Drive. councilperson McKain seconded the motion. -5- CITY COUNCIL MINUTES MAY 19, 1992 Ayes: Councilpersons Alhers, McKenney, McKain, Feigel and McKnight Nays: None Mayor Newton declared the motion carried. REPORTS: 15. PLANKING AND ZONING COMMISSION MINUTES PARKS AND RECREATION ADVISORY BOARD MINUTES There was no action taken on this item. STAFF REPORTS: 16 . CITY MANAGER'S REPORT There was no action taken on this item. 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 19, 1992 - Reading and Public Hearing - Resolution R-92-781 Mayor Newton opened the Public Hearing and read Resolution R-92-781 in its entirety. There was no one present to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-92-781, approving the compromised settlement and release agreement with the school district and authorizing the Mayor to execute the agreement. Councilperson Feigel seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. ADJOURNMENT : 20. ADJOURNMENT There being no further business before the Council, Councilperson Ahlers moved to adjourn. Councilperson McKenney seconded the motion. Ayes: Nays: councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 11:30 p.m. -6- CITY COUNCIL MINUTES MAY 19, 1992 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 19, 1992 - Reading and Public Hearing - Resolution R-92-781 Kayor Newton opened the Public Hearing and read Resolution R-92-781 in its entirety. there was no one present to speak concerning this item and Mayor Newton closed the Public Bearing. Councilperson Ahlers moved to approve Resolution R-92-78l, approving the compromised 8ettlement and release agreement with the school district and authorizing the Mayor to execute the agreement. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Kayor Newton declared the motion carried. ..DJOURNMENT: 7:0 . ADJOURNMENT There being no further business before the Council, Councilperson Ahlers moved to adjourn. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Hayor Newton declared the meeting adjourned at 11:30 p.m. APPROVED THIS c2r;} DAY OF (l,nh f) , 1992, BY A VOTE OF o ABSTENTIONS. ~ 0" AYES, o NAYS, AND Hinutes taken and prepared by: 'J~~ Administrative Assistant ~s,~~ City Secretary NOTE: As a matter of public record, an audio recording of the above Council Meeting is available upon request. -6- CITY COUNCIL MINUTES MAY 19, 1992 APPROVED THIS nlJ;!!. o NAYS, AND DAY OF JI.4I\.L , 1992, BY A VOTE OF ~ ABSTENTIONS. s- AYES, Minutes taken and prepared by: Barbara Bankston Administrative Assistant 9::::rl!CM~' City Secretary NOTE: As a matter of public record, an audio recording of the above Council Meeting is available upon request. ,--. -7-