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HomeMy WebLinkAbout10-14-96 TC Min149 TOWN OF WESTLAKE MINUTES OF THE BOARD OF ALDERMEN MEETING OCTOBER 14,1996 Present: Scott Bradley, Mayor Carroll Huntress, Mayor Pro -Tem Fred Held, Member Jerry Moore, Member Al Oien, Member Paul Isham, Town Attorney Dennis Wilson, Town Planner Rod Kelly, Town Planner Terry Morgan, Town Legal Advisor Tom Lawrence, Town Financial Advisor Larry Fuson, Town Engineering Advisor Charla Bradshaw, Planning and Zoning Commissioner (for part of the meeting) Don Redding, Planning and Zoning Commissioner Ginger Crosswy, Town Secretary Absent: Howard Dudley, Member The Executive Session of the regular meeting was called to order at 6:07 p.m. by Mayor Scott Bradley. The Board adjourned the Executive Session at 6:50 p.m. and reconvened into open session at 7:07 p.m. Item #1: The minutes of the September 9, 1996 regular meeting were approved as presented. Item #2: Citizens' Presentations: David Bryant of Hughes & Luce, L.L.P., representing Hillwood/Willowbend, Ltd. stated that although he was told at the last Board meeting that the Town isn't required to have a budget because there are no ad valorem taxes, and that the Town has no audits, he believes that the law requires every Town to have a budget. Paul Isham, the Town Attorney told Mr. Bryant that the Town has unaudited financial statements. Then the Mayor added that the Town's first official audit is in process at this time and the Town is in the process of setting up a budget workshop. Then Mr. Bryant complained about the short notice given on the agenda items, and asked if, in the future, there can be more notice of the meeting agendas. The Mayor stated that the agenda posting was within the limits provided by the law, which is more than the Lake Turner MUDs' 2 & 3 will do, as the Town cannot find out where the MUD meetings are held or when those meetings will be. Mr. Bryant then said that to his knowledge the MUD Boards are 150 October 14, 1996 Regular Meeting Page 2 willing to meet with the Town Aldermen. Mayor Bradley then told the audience that MUD Directors were invited tonight to discuss the Town's plans to dissolve the MUDs, but the only response was a letter from Paul Phy saying that no one would attend. Brent Cope, 4401 Booth Calloway, North Richland Hills, of Columbia HCA told the Board that his Company is planning a health care facility in Westlake in the near future and is concerned about the creation of a hospital authority by the Board. Mayor Bradley stated that the creation of a hospital authority will be a benefit to the health care facility and its health care providers. The hospital authority is a service to help medical personnel with tax free financing. Mayor Bradley then asked when Columbia HCA is planning to start construction. Mr. Cope said that at this time the construction is scheduled for 1997 with there only being physician offices at that time. Rick Patterson, President of Alliance Development Company, stated that the MUDs want to see a long term financial plan from the Town, and would furnish notification of their meetings with a reciprocal agreement with the Town. He said he also would like more notice of the meeting agendas. Mr. Patterson told the Board that he was concerned about the number of corporations being set up by the Board making for a very complex system. Item #3: A JOINT PUBLIC HEARING of the Planning and Zoning Commission and the Board of Aldermen concerning the request of The Estates of Westlake for a variance from the sign ordinance permitting erection of a temporary sign at the southeast corner of the intersection of State Highway 114 with Precinct Line Road was opened at 7:32 p.m. Paul Isham, the Town Attorney, told the Board that the Board of Aldermen has the authority to grant variances and it is not necessary for the Planning and Zoning Commission to participate. Richard Myers of Realty Capital Corporation stated that he was here to answer any questions. Dennis Wilson, the Town Planner, recommended that due to the remote location of The Estates and the need to provide directions the variance be approved with the following conditions: (1) The sign must conform to the drawing submitted by Realty Capital Corporation; (2) The size must not exceed 4 by 8 feet; (3) The sign must be constructed of durable material; and (4) The variance must not exceed one year. The Joint Public Hearing was closed at 7:35 p.m. Item #4: Consider the application from The Estates of Westlake for a variance to the sign ordinance to permit a temporary sign at Precinct Line Road and State Highway 114. Motion by Carroll Huntress, seconded by Fred Held, to approve the variance with the stipulations made by Mr. Wilson. Motion carried - 3 for 1 against Al Oien 151 October 14, 1996 Regular Meeting Page 3 Item #5: Consider payment of the Town's share for the oversizing and looping of the waterline at Wyck Hill Lane and Dove Road. Mayor Bradley told the Board that the billing had been approved by the Town Engineer. Motion by Fred Held, seconded by Carroll Huntress, to pay this invoice. Motion carried unanimously. The Mayor told the Board that with their approval he would combine Items #6 through 9. Item #6: Consider a proclamation proclaiming the month of October 1996 as Arts and Humanities month. Item #7: Consider a resolution in support of removing the sunset provision for the Crime Control and Prevention Act. Item #8: Consider a resolution in support of reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991. Item #9: Consider a resolution in support of restricting the use of dedicated transportation funds for transportation purposes and in support of H.R. 842, Truth in Transportation Budgeting Act. Motion by Carroll Huntress, seconded by Fred Held, to approve the above Proclamation and Resolutions 96-15.96-16 and 96-17. Motion carried unanimously. Item #10: Consider proclaiming October 25, 1996, as AARP Day in the Town of Westlake. Motion by Carroll Huntress, seconded by Fred Held, to approve this proclamation. Motion carried - 3 for 1 against - Jerry Moore Al Oien made the suggestion, with the Board's agreement, that the Mayor be given the authority to handle these items in the future. Item # 11: Consider a resolution of cooperation with the City of Keller, the City of Southlake, the City of Fort Worth and Trophy Club Municipal Utility District No. 1 to complete a regional water supply line as recommended in the Northeast Tarrant County Regional Water Supply Planning Report. Motion by Al Oien, seconded by Jerry Moore, to adopt Resolution 96-18. Darcy Anderson of Alliance Development Company objected to the exclusion of the Lake Turner MUD's 2 & 3 from the resolution. Mayor Bradley October 14, 1996 Regular Meeting Page 4 stated that the Town, in trying to dissolve the MUD's, is asserting that the MUD's are unnecessary and by including them, the Town would be undermining its position. Motion carried unanimously. Item # 12: Consider authorizing participation by the Town in a study to be conducted by Freese & Nichols for the City of Keller concerning water distribution which would include distribution within the Town. Mayor Bradley told the Board that for the sum of $6250.00 the Town could be added to this study to identify ways for the Town to furnish water to its citizens at less cost by either combining the Town's water system with the Town of Keller or sharing some facilities. Motion by Carroll Huntress, seconded by Fred Held, to approve this item. Motion carried unanimously. Item # 13: Consider ratifying the Town's offer to abolish Lake Turner Municipal Utility District No. 2 and vesting all of the District's assets and obligations in the Town as provided under Section 43.074 of the Local Government Code. Mayor Bradley stated this is the offer that has been on the table for some time, and the purpose for this item is to notify the MUD that the Board is authorizing this offer. Motion by Carroll Huntress, seconded by Fred Held, to ratify this offer. David Bryant, Attorney for HillwoodlWillowbend, Ltd., asked if this is an offer to purchase the assets or just for the MUDs to turn them over to the Town. Mayor Bradley said this is an offer to have them dissolve themselves in a way that would cause the Town to assume their obligations and assets, but this offer is subject to negotiation. Rick Patterson of Alliance Development Company stated that the MUD's were open to negotiation, but in Alliance Development Company's opinion, sales tax revenues cannot be relied upon to finance major projects. Tom Lawrence , the Town Financial Advisor, told the assembly that there have been a number of major projects in the State that have been financed with sales tax revenues. Motion carried unanimously. Item #14: Discuss the Town's offer with the Directors of Lake Turner Municipal Utility District No. 2. Mayor Bradley told the Board he had invited the Directors of the MUD to attend this meeting, but they had declined. Item #15: Consider ratifying the Town's offer to abolish Lake Tuner Municipal Utility District No. 3 and vesting all of the District's assets and obligations in the Town as provided under Section 43.074 of the Local Government Code. Motion by Carroll Huntress, seconded by Fred Held, to ratify this offer. Motion carried unanimously. 15? October 14, 1996 Regular Meeting Page 5 Item #16: Discuss the Town's offer with the Directors of Lake Turner Municipal Utility District No. 3. Lake Turner MUD No. 3 Directors also declined this invitation. Item #17: Consider filing oppositions to the Applications for Certificates of Convenience and Necessity for water and sewer utility services filed by Lake Turner Municipal Utility Districts No. 2 and 3 with the Texas Natural Resource Conservation Commission. Motion by Jerry Moore, seconded by Carroll Huntress, to file the oppositions. Motion carried unanimously. Item # 18: Consider authorizing the expenditure of up to $200.00 to provide two police officers for the Roanoke/Trophy Club/Westlake community's Halloween celebration at Hawkwood. David Miller the Trophy Club Police Chief told the Board that Roanoke, Trophy Club and Westlake had all been asked to provide two officers each for this function to keep the children off of the streets with a safe place to celebrate. Motion by Fred Held, seconded by Carroll Huntress, to furnish the officers for the Chamber's fund raising event. Motion carried - 3 for 1 against - Al Oien Item #19: Consider request from the Roanoke/Trophy Club/Westlake Chamber of commerce to purchase a table (cost: $320.00) for the Chamber's 4`h Annual Banquet and Auction. Paul Isham, the Town Attorney, discouraged donating to this in lieu of membership. Motion by Al Oien, seconded by Carroll Huntress, to deny this request. Motion carried unanimously. Item #20: Consider an Amended and Restated Contract between the Town and the Town of Trophy Club, Texas, for the provision of emergency medical services to the Town by the Town of Trophy Club. Mayor Bradley told the Board that this is a renewal of the current contract. Motion by Carroll Huntress, seconded by Fred Held, to approve Resolution 96-14. Motion carried unanimously. Item #21: Consider confirming the appointment of Don R. Redding as a member of the Planning and Zoning Commission. Motion by Carroll Huntress, seconded by Al Oien, to confirm. Motion carried unanimously. 154 October 14, 1996 Regular Meeting Page 6 Item #22: Consider confirming the appointment of William E. Greenwood as chairman of the Impact Fee Committee. Motion by Carroll Huntress, seconded by Al Oien, to confirm. Motion carried unanimously. Item #23: PUBLIC HEARING to consider a Resolution establishing a Public Hearing date to consider adoption of land use assumptions for population and employment growth in Westlake for the purpose of establishing impact fees for water, wastewater and roadway facilities. The public hearing was opened at 8:10 p.m. Paul Isham, the Town Attorney, urged the Board to adopt this resolution establishing a future date so the Board can address further comments from citizens and property owners. The public hearing was recessed at 8:15 p.m. Item #24: Consider adoption of a resolution establishing a Public Hearing date to consider adoption of land use assumptions for population and employment growth in Westlake for the purpose of establishing impact fees for water, wastewater and roadway facilities. Motion by Carroll Huntress, seconded by Fred Held, to adopt Resolution 96-20 establishing a date of November 25, 1996 at 7:00 p.m. Motion carried unanimously. Item #25: PUBLIC HEARING to consider adoption of revisions to the Unified Development Code revising planned development zoning district regulations. The public hearing was opened at 8:16 p.m. The Mayor stated that Item #25 and #28 would be considered together. Item #28: PUBLIC HEARING to consider adoption of revisions to the Unified Development Code revising subdivision and platting regulations. At 8:23 p.m. there was a motion by Jerry Moore, seconded by Carroll Huntress, to continue the Public Hearing until November 25, 1996, at 7:00 p.m. Motion carried unanimously. Item #26: Consider adoption of revisions to the Unified Development Code revising planned development zoning district regulations. This item was continued to the Public Hearing on November 25, 1996. Item #29: Consider adoption of revisions to the Unified Development code revision subdivision and platting regulations. This item was continued to the Public Hearing on November 25, 1996 155 October 14, 1996 Regular Meeting Page 7 Item #27: Consider adoption of a moratorium on acceptance or processing of petitions to rezone land to planned development districts or to amend existing planned development districts. Terry Morgan, the Town's legal advisor, explained that this was needed for the time that it will take to work out the concerns with the new subdivision and PD ordinances. After several questions, Steve Sallman with the Warner Group, representing the Lyda Hunt Bunker Trust, told the Board that a moratorium sends a bad message to the business community and he is strongly opposed. Mr. Morgan told the assembly that there is an appeal process built into the ordinance. Motion by Carroll Huntress, seconded by Fred Held, to adopt Ordinance 258. Motion carried unanimously. Item #30: Consider adoption of moratorium on acceptance or processing of all applications for subdivision or platting of land, and exceptions thereto. The same objections were stated as to Item #27. Motion by Carroll Huntress, seconded by Fred Held, to adopt Ordinance 259. Motion carried unanimously. The Board took a recess at 8:55 p.m. and reconvened at 9:00 p.m. Item #31: Consider adoption of the revised water and wastewater master plans. This item was continued to the Public Hearing to be held on November 25, 1996. Item #32: Consider adoption of the revised thoroughfare plan. This item was continued to the Public Hearing to be held on November 25, 1996. Item #33: Consider a resolution creating a public facilities corporation under Article 717s, Vernon's Texas Civil Statutes, as amended, approving the articles of incorporation and the bylaws, and appointing the Board of Directors. Allen Moon, Finance Counsel for the Town, spoke about Item #33 and Item #34, explaining that these corporations are similar to the Texas Student Housing Corporation that is already in place. The Town has no liability for any of these corporations but these entities have the potential to produce revenues for the Town. After a lengthy question and answer session there was a motion by Carroll Huntress, seconded by Fred Held, to adopt Resolution 96-19. Motion carried unanimously. Item #34: Consider an ordinance creating a hospital authority under Chapter 262 of the Health & Safety Code, and appointing the Board of Directors. Brent Cope of Columbia HCA requested that this item be tabled to give him more time to 156 October 14, 1996 Regular Meeting Page 8 consider this matter. He also stated that no one in his organization was approached to serve on this Board. Mayor Bradley told Mr. Cope to call him with the name of someone who would serve and they would be placed on the Board at the next opportunity. Mr. Moon then answered many more questions. Motion by Carroll Huntress, seconded by Fred Held, to adopt Ordinance 257 creating a hospital authority. Motion carried unanimously. Item #35: Other business: Carroll Huntress suggested that the Board make sure that nothing done by the new public facilities corporation will be in competition with any private business in Westlake. The meeting was adjourned at 9:30 p.m. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town Secretary