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HomeMy WebLinkAboutCity Council-Minutes-4/21/2015 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, April 21, 2015 Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the Glade Road Initiative PC-2 Consideration of a resolution prohibiting the use of eminent domain for sidewalk or trail projects PC-3 Overview of community gardens PC-4 Discussion of the April 21, 2015, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney relative to Heritage Avenue right-of-way (access) Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, City of Colleyville Page 1 City Council Agenda April 21, 2015 or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3865 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Starbucks - Alexa Sims, Store Manager, and John Nordberg, Shift Supervisor, 5510 Colleyville Boulevard - Mayor David Kelly and Economic Development Director Marty Wieder Proclamation in recognition of Arbor Day in Colleyville, April 24, 2015; and in recognition of Colleyville being named a Tree City USA in 2014 - Mayor David Kelly and Parks Manager James Hubbard 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3866 4a Approval of the minutes of the regular City Council meeting of April 7, 2015 City of Colleyville Page 2 City Council Agenda April 21, 2015 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-15-3867 Approval of an amendment to the Parks and Trails Master Plan to remove Trail 27, Trail 28, and Trail 29 5b Resolution R-15-3868 Consideration of a final plat on 31.301 acres of Abstract 441 of the Jesse Doss Survey, located at 2800 Heritage Avenue, Creekside Phase Five of the Creekside at Colleyville Addition, Case PC15-003 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7. REPORTS Zoning Board of Adjustment Meeting Minutes - February 24, 2015 Monthly Financial Report – March 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 21, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3869 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 17, 2015 by 5:00 p.m. Amy Shelley, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 3 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 21, 2015 Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on Tuesday, April 21, 2015, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, and Councilmember Jody Short City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Recreation and Library Director Mary Rodne, Finance Manager Karen Hines, Parks Manager James Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Interim Community Development Director Adam Marsh, Colleyville Center Manager Leslie Hill, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley PC-1 Discussion of the Glade Road Initiative Councilmember Putnam questioned City Attorney Matthew Boyle regarding if any other parties were involved in the formation of this judgment, or was it strictly his personal opinion. City Attorney Matthew Boyle replied it was the collective opinion of the six full time lawyers at Boyle & Lowry. He stated the only third parties, that were consulted, involved factual inquiries from City staff relative to the scope of any plans or the impacts of those plans relative to the provisions in the initiative. Councilmember Putnam stated being concerned that no legal precedent had been stated in the opinion. Councilmember Putnam asked Councilmember Short if a splitter island is considered a median. Councilmember Short said a splitter island is a more specific type of median. Councilmember Putnam questioned City Attorney Matthew Boyle regarding if it is possible to conclude that it is within the City's purview to dictate, specify, or agree upon the method of polling. City Attorney Matthew Boyle replied within the construct of the proposition, the typical City Council prerogative has been removed due to the nature of the proposition and because the submitter of the proposition has stated this is the legislation. He stated based on the Charter, once the proposition has been City of Colleyville Page 1 City Council Minutes April 21, 2015 decided on by the voters, it cannot be amended, even by action of the City Council, for a period of at least five years, unless there is a subsequent initiative. He stated the language of the proposition is the only thing that can be looked at, because it is the singular piece of legislation. He added, "yes", there could be a way to poll the area residents; however, the issue is, could it be done with a level of certainty that you were in full compliance of the proposition, and "no" it could not be done. He stated the limitations and restrictions within the third paragraph of the proposition become problematic relative to the widening of the roadway since a roundabout cannot be constructed without widening the roadway. Councilmember Putnam stated it calls specifically for roundabouts, but otherwise not widen the road. Councilmember Putnam stated there is nothing in the intent of this resolution that states that the City cannot establish criteria for polling. He added the intent was to give the area residents an impact on the design of the roadway. He stated the interpretation is overly restrictive. Councilmember Putnam stated it is the responsibility of the people here to make the decision on terms of how it is implemented. He stated there is nothing in the referendum that is in conflict with that principle. He stated City Council is obligated to implement in accordance with the intent of the authors and not impose our own opinions into the implementation. Councilmember Putnam questioned City Attorney Matthew Boyle regarding if his opinion is not a judgment. City Attorney Matthew Boyle replied he is not clear on the distinction. Councilmember Putnam questioned City Attorney Matthew Boyle regarding if the resolution passes, and City Council votes for a solution that appears in some way to be in conflict with his interpretation of that language, can City Council pass that resolution? City Attorney Matthew Boyle replied it is within the City Council's prerogative to adopt provisions that are contradictory to the advice given by the city attorney. Councilmember Putnam stated City Council can also seek the advice of another attorney. City Attorney Matthew Boyle agreed. Councilmember Putnam stated the opinion does not stop people from being able to vote for this resolution. Councilmember Putnam questioned City Attorney Matthew Boyle regarding why the interpretation is given now, rather than when the petition was filed. City Attorney Matthew Boyle replied he was not asked to do so when the petition was filed. Mayor Kelly asked City Attorney Matthew Boyle if he or any other City Councilmember asked for this interpretation of the resolution. City Attorney Matthew Boyle replied no. City Manager Jennifer Fadden stated she asked for the city attorney's legal opinion based on the questions staff had received from citizens. She further stated City of Colleyville Page 2 City Council Minutes April 21, 2015 staff did not feel comfortable weighing in on interpreting what the petition said, in terms of what the effects will be. Councilmember Putnam asked City Attorney Matthew Boyle if the City has an obligation to offer an interpretation. City Attorney Matthew Boyle replied he did not believe there is an obligation. Councilmember Putnam asked City Attorney Matthew Boyle if the City was required to offer an opinion to the petitioners prior to the electoral vote process takes place, before forming an opinion. City Attorney Matthew Boyle replied the correspondence clearly reflects that the persons who initiated the inquiries were insistent on staff providing a response. Councilmember Putnam asked City Attorney Matthew Boyle if the City was required to respond, or could they have stated it is too political right now, we will have to wait until after the election to offer an opinion. City Attorney Matthew Boyle replied the perspective in which he addressed this opinion was presuming it gets adopted, what will be the position of the city attorney be. He stated the opinion given in April will be the same opinion given in June based on the restrictions in the petition relative to the widening of the roadway. Councilmember Putnam stated people are principally concerned about how this opinion has been discussed prior to it becoming public. City Attorney Matthew Boyle stated the correspondence was sent to City Council between the city manager's office and the persons who were asking these questions, and the answers and the timing of the answers were given, when the questions were asked by the petitioners. He added that while the opinion was not released, the answers were released to the petitioners who then continued to further ask for clarification. He stated the city manager told them that if they put their questions in writing, she promised them answers. He stated an opinion was then generated and forwarded to City Council and the petitioners. Mayor Kelly stated legal advice is posted as an executive session item. This item was scheduled for the last meeting; though Councilmember Putnam was not able to attend, the City Councilmembers present decided to make the opinion public. Councilmember Putnam asked City Council if City staff or public safety officials stated that Glade Road is an unsafe road. City Attorney Matthew Boyle replied no, and he stated he did consult with City staff relative to this question. Councilmember Putnam asked City Councilmembers if they have made an assertion that Glade Road is an unsafe road. Councilmember Mogged stated it is a hazardous road given the accident statistics, and added it is a safe road that is hazardous. Councilmember Hart questioned City Attorney Matthew Boyle if the resolution on the City of Colleyville Page 3 City Council Minutes April 21, 2015 ballot fails, can the City Council immediately re-institute the three improvement items agreed upon previously, Bluebonnet Drive, Riverwalk Drive, and Bransford Road. City Attorney Matthew Boyle replied yes. Councilmember Short asked staff if the City Council or staff drafted the language for the ballot. City Manager Jennifer Fadden replied no. Councilmember Short asked staff if the language was placed on the ballot exactly as it was submitted. Mayor Kelly replied yes. Councilmember Short stated the opinions expressed have not been interpreted on a higher level than the English language, and one can see that there are some challenges in moving forward, given the language in the petition. Councilmember Mogged asked City Attorney Matthew Boyle if he has processed any eminent domain action taken on Glade Road. City Attorney Matthew Boyle replied no. Councilmember Mogged asked staff if they are aware of any eminent domain or absolute requirements to proceed with this project. City Manager Jennifer Fadden replied no. Councilmember Putnam stated eminent domain has been discussed as being necessary with this project. Councilmember Mogged stated the City Council has not determined if eminent domain is necessary. Mayor Kelly stated acquiring right-of-way is not the same as eminent domain. Councilmember Putnam stated the threat of eminent domain is the same as eminent domain. He added acquiring right-of-way, when the people do not want you to acquire it, is eminent domain. PC-2 Consideration of a resolution prohibiting the use of eminent domain for sidewalk or trail projects Councilmember Putnam stated he did not have the resolution prepared for discussion. He asked for this item to be moved to the May 5, 2015 Pre Council meeting. City Councilmembers agreed to move the item. PC-3 Overview of community gardens Councilmember Wollin stated she requested this item be placed on the agenda for discussion, given a citizen had an idea for a City-ran community garden. Parks Manager James Hubbard presented this item and briefed City Council. Councilmember Wollin stated only being familiar with churches who have these gardens; however, it is good to know that the City of Coppell does this. City of Colleyville Page 4 City Council Minutes April 21, 2015 Councilmember Wollin asked staff if the Parks Master Plan mentions anything about a community garden. Manager Hubbard replied no. Councilmember Wollin asked staff if there were any suggestions in the citizen's comments relative to this effort. Manager Hubbard replied no. Mayor Kelly asked staff if there is a non-profit organization that runs the City of Coppell garden. Manager Hubbard replied typically a non-profit organization would partner with a city, and that is how the City of Coppell is done. He added the cities of Hurst, Euless, and Bedford also partner with a non-profit group, 6 Stones, for their community gardens. Mayor Kelly asked staff if the City of Coppell is a neighborhood or communal garden. Manager Hubbard replied it is neighborhood; however, their mission is to donate to a local food bank. Mayor Kelly asked staff if there is a non-profit organization looking to come to Colleyville. Manager Hubbard replied that would be something done in the future, as this is the first step in joining a consensus that this is something City Council would like to pursue. Councilmember Short asked staff if gardens are typically done at churches. Manager Hubbard replied yes. Councilmember Short asked staff if there are any churches in Colleyville that could do this. Manager Hubbard replied not that he knows of. Councilmember Hart stated the individuals are looking for the land. Manager Hubbard replied yes, this is not something the City is requesting. Councilmember Hart asked staff if this information has been placed in the Communicator. City Manager Jennifer Fadden replied not yet, but if City Council would like, staff can place the information in the Communicator. Councilmember Hart stated he thinks it is a good idea. Mayor Kelly stated staff resources would be a concern. He stated there are concerns as to how to limit citizens who wish to be a part of the neighborhood garden, and how is it decided who can go to the garden. He asked who would make the decision as to who can use the garden. Manager Hubbard stated some gardens have waiting lists. Councilmember Mogged asked staff if we can get the City of Coppell's policy. Manager Hubbard replied yes, and added he has reviewed the City of North Richland Hills common community grounds garden policy. Mayor Pro Tem Taylor asked staff if they have researched using public property for City of Colleyville Page 5 City Council Minutes April 21, 2015 private use. Manager Hubbard replied he did not specifically look into that. Mayor Pro Tem Taylor asked staff who the revenues would be generated for. Manager Hubbard replied the revenues would go to the non-profit. Mayor Pro Tem Taylor stated the public property would be used to generate private revenues. Councilmember Short stated the sports associations have a similar scenario. Mayor Pro Tem Taylor stated a portion of those revenues is paid back to the City. City Manager Jennifer Fadden agreed, to off-set a portion of the maintenance cost. Councilmember Wollin asked staff if the City would provide the water. Manager Hubbard replied the water would be brought over by the City; however the water would be paid for by the non-profit organization. Mayor Kelly stated we should first see if there is an actual interest in this. Mayor Pro Tem Taylor asked staff if this would be limited to Colleyville residents. Manager Hubbard replied the non-profit would have to set that policy. Mayor Pro Tem Taylor asked staff if outside sports associations come to Colleyville to play. City Manager Jennifer Fadden replied we only have contractual agreements with the Colleyville Baseball Association, the Colleyville Girls Softball Association, and the Colleyville Soccer Association, who allow non-resident participation. She stated City Council would have to allow outside sports associations to participate in Colleyville. Mayor Pro Tem Taylor stated funding taxpayers use of their property is one thing, funding non-residents is another. Mayor Kelly agreed. Councilmember Short stated this is very early in the process. Councilmember Wollin stated it is a lot more complicated than she originally thought. Councilmember Wollin added that the school district (GCISD) would apply for grants for such gardens, but when the teachers would leave, the gardens would fall to pieces; therefore, long-term sustainability is an issue. Mayor Kelly stated there has to be a "cheerleader" for this effort. Mayor Pro Tem Taylor asked staff if there were any churches contacted since this is a great outreach. Manager Hubbard replied no, since this was not a staff initiative at this point in time. Mayor Kelly asked City Council if this is something for which they would like staff to solicit interest. Councilmember Wollin agreed. PC-4 Discussion of the April 21, 2015, City Council regular agenda items There was no discussion of this item. City of Colleyville Page 6 City Council Minutes April 21, 2015 Mayor Kelly adjourned the Pre Council meeting at 6:21 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, and Councilmember Jody Short City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Marketing Coordinator Heather Gaven, Economic Development Coordinator Carlie Dorshaw-Moe, Finance Manager Karen Hines, Parks Manager James Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Interim Community Development Director Adam Marsh, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney relative to Heritage Avenue right-of-way (access) Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding City of Colleyville Page 7 City Council Minutes April 21, 2015 commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074, Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:21 p.m. and reconvened at 6:22 p.m. INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3865 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Starbucks - Alexa Sims, Store Manager, and John Nordberg, Shift Supervisor, 5510 Colleyville Boulevard - Mayor David Kelly and Economic Development Director Marty Wieder Proclamation in recognition of Arbor Day in Colleyville, April 24, 2015; and in recognition of Colleyville being named a Tree City USA in 2014 - Mayor David Kelly and Parks Manager James Hubbard Councilmember Wollin announced the Friends of the Colleyville Public Library annual Bargain Book sale to be held on Saturday, May 2, 2015 from 10:00 a.m. to 2:00 p.m., on the second floor of the Library. She stated there will be a private shopping period from 9:00 a.m. to 10:00 a.m. for only the members of the Friends of the Library. She stated if you would like to become a member, the information will be available at the door. She stated author Steve Banter will be available with his book about the Tour de France called, It's Only a Bike Race, How Hard Can it Be? She encouraged everyone to attend, especially since all of the net proceeds City of Colleyville Page 8 City Council Minutes April 21, 2015 will go to the Library. Councilmember Wollin announced the Garden Club will have a spring plant sale, in place of the Spring Promenade, on Saturday, May 2, 2015, at the historic Webb House located at 408 Shelton Drive from 9:00 a.m. to 2:00 p.m. Mayor Kelly expressed his appreciation to staff for the help received at the Clean Sweep Event held on Saturday, April 18, at Colleyville Heritage High School. He stated this year we got 130 vehicles through the Crud Cruiser, rather than the 50 we usually get in. Mayor Kelly announced the annual Old Tyme Colleyville BBQ event that benefits Special Olympics to be held beginning at 6:00 p.m. on Friday, April 24, and then all day on Saturday, April 25. He encouraged everyone to attend this event and enter the BBQ cook-off. Mayor Kelly announced the Texas Junior Anglers event to be held on Saturday, April 25 at the Colleyville Nature Center from 9:00 a.m. to noon. He stated all fishing gear will be provided. Mayor Kelly announced Early Voting will begin April 27- May 5, 2015, with early voting at City Hall; on Election Day, May 9, 2015, voting will be at Bransford Elementary School. He stated all election information is available on the City's website. Mayor Kelly announced the annual Fire Department Open House scheduled for Saturday, May 2, 2015, from 10:00 a.m. to 1:00 p.m. at Central Fire Station located at 5209 Colleyville Boulevard. He encouraged everyone to come out to observe and experience what the fire department is all about. Mayor Kelly, Heather Gaven, and Carlie Dorshaw-Moe recognized the featured business of the month, Starbucks located at 5510 Colleyville Boulevard. Alexa Sims and John Nordberg expressed their appreciation for the recognition. Mayor Kelly recognized Arbor Day in Colleyville, April 24, 2015, and Colleyville being named a Tree City USA in 2014, with a proclamation to Parks Manager James Hubbard and Councilmember Wollin. Manager Hubbard then explained the Living Tree Program in Colleyville. Mayor Kelly stated this recognition is a great honor. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3866 4a Approval of the minutes of the regular City Council meeting of April 7, 2015 City of Colleyville Page 9 City Council Minutes April 21, 2015 Mayor Kelly read Resolution R-15-3866 in its entirety. Mayor Kelly opened the public hearing at 7:44 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:44 p.m. Councilmember Carol Wollin moved to approve Resolution R-15-3866. Councilmember Chuck Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, Councilmember Jody Short 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-15-3867 Approval of an amendment to the Parks and Trails Master Plan to remove Trail 27, Trail 28, and Trail 29 Mayor Kelly read Resolution R-15-3867 in its entirety. Parks Manager James Hubbard presented this item and briefed City Council. Mayor Kelly opened the public hearing at 7:49 p.m. Nancy Coplen, 4803 Queensbury Way East, spoke on behalf of the Woodland Hills HOA, and encouraged City Council to approve the removal of Trails 27, 28, and 29 from the plan. There was no one else present wishing to speak and Mayor Kelly closed the public hearing at 7:50 p.m. Councilmember Short asked staff if the trail was requested to be removed by the developer or it was something determined by staff. Manager Hubbard stated it was determined by staff during the review process of the Creekside Plat. Mayor Kelly explained the history of the trails, and that the ordinance is very specific in that these trails have to be built. Councilmember Short questioned staff regarding if attitudes change toward the connection of the Heritage Avenue trail, will the City have a mechanism in which to City of Colleyville Page 10 City Council Minutes April 21, 2015 connect the Woodland Hills. Manager Hubbard replied it would be possible; however, there is unlikely a feasible way to re-route the trail post development of the property. Mayor David Kelly moved to approve Resolution R-15-3867. Councilmember Chris Putnam seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, Councilmember Jody Short 5b Resolution R-15-3868 Consideration of a final plat on 31.301 acres of Abstract 441 of the Jesse Doss Survey, located at 2800 Heritage Avenue, Creekside Phase Five of the Creekside at Colleyville Addition, Case PC15-003 Mayor Kelly read Resolution R-15-3868 in its entirety. Interim Community Development Director Adam Marsh presented this item and briefed City Council. Mayor Kelly asked staff if this plat is coming for City Council approval because it has multiple phases. Interim Director Marsh replied yes. Mayor Kelly opened the public hearing at 7:56 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:56 p.m. Mayor David Kelly moved to approve Resolution R-15-3868. Councilmember Tom Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, Councilmember Jody Short 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 11 City Council Minutes April 21, 2015 Judy Chappal, 1716 Glade Road, spoke in support of the resolution on the ballot. She further discussed eminent domain, trails, sidewalks, and that there should be a City Council compromise relative to Glade Road. Tony Seris, 5000 Montclair Drive, spoke regarding the resolution on the ballot and in being in support of it, and the 10 foot trail on the north side of Glade Road. Sharon Chan, 4819 Lakeside Drive, spoke regarding her concerns of Glade Road, and stated being in opposition of the resolution on the ballot. Mark Henderson, 302 Oaklawn Drive, spoke regarding his concerns of Glade Road, and stated being in opposition of the resolution on the ballot. Julia Barth, 4810 Shadywood Lane, stated the language in the resolution on the ballot is unclear and causing confusion. Jim Fletcher, 1108 Nueces Court, spoke regarding Glade Road, traffic, eminent domain, sidewalks, trees, bar ditches, and the resolution on the ballot. Joe Moore, 133 Acuff Lane, spoke regarding the quality of life, road conditions, growth in the City, trails, trees, conflict and confrontations, roadway improvements, and the City Attorney opinion of the resolution on the ballot. Susan Baum, 2302 Danbury Drive, spoke in support of the resolution on the ballot, and traffic on Glade Road. Elizabeth Westbrook, 4601 Jim Mitchell Trail East, spoke in support of the resolution on the ballot; stated not being in favor of the City's plan for Glade Road; and asked for City Council to listen to the citizens input. Barbara Gunn, 2212 Glade Road, spoke in support of the resolution on the ballot; spoke against spending money on a ten foot walkway on the north side of the roadway; eminent domain; and stated this is not a safety issue. Bobby Lindamood, 4913 Jim Mitchell Trail West, spoke regarding the election signs, the trail on the north side, bar ditches, TexRail, water increases, gas well drilling, and tax reform. Annella Dedier, 1712 Glade Road, spoke in support of the resolution on the ballot, eminent domain, a ten foot trail, and what it has to do with safety on Glade Road. Louis Miller, 7802 Tillman Hill Court, read a letter from the resident who lives at 1205 Glade Road, who is concerned about the traffic and safety on Glade Road. Kathy Hadley, 204 Timberline Drive North, spoke regarding Glade Road, the country City of Colleyville Page 12 City Council Minutes April 21, 2015 atmosphere, SH26, bar ditches, speeding through Colleyville, the ditch at Jackson Road, road construction during school hours, and trees along SH26. She stated being in support of the resolution on the ballot. David Medlin, 605 Montreux Avenue, spoke regarding traffic on Glade Road, safety on the roadway, the Tinker Road intersection, bar ditches, and sidewalks. He stated he supports the resolution on the ballot. Conrad Rodgers, 1213 Garry Lynne Drive, stated being in support of the resolution on the ballot. He stated having concerns about neighbors being against neighbors. He spoke regarding traffic, bar ditches, eminent domain, roundabouts, and turn-lanes. Elizabeth Zeitlin, 1800 Glade Road, read a letter from Colleyville resident, attorney, and former Mayor Pro Tem Jon Ayers. She also stated being in support of the resolution on the ballot. Natalie Genco, 1104 John McCain Road, spoke in support of the resolution on the ballot, bar ditches, the safety of roadways in Colleyville, the widening of John McCain, and proposed tax increases. She spoke regarding the community garden proposal and stated she hoped City Council would support the project. Michael Muhm, 6607 Connie Lane, spoke regarding healthy debates, the resolution on the ballot, construction at John McCain and SH26, traffic, and sidewalks. 7. REPORTS Zoning Board of Adjustment Meeting Minutes - February 24, 2015 Monthly Financial Report – March 2015 There was no discussion of this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 21, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3869 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Mayor Kelly adjourned the meeting at 9:13 p.m. City of Colleyville Page 13 City Council Minutes April 21, 2015 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 5TH DAY OF MAY 2015. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 14