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HomeMy WebLinkAbout04-12-99 TC MinMinutes of the Board of Aldermen meeting TOWN OF WESTLAKE, TEXAS MINUTES OF THE REGULAR MEETING OF THE BOARD OF ALDERMEN April 12, 1999 Present: Scott Bradley, Mayor Charla Bradshaw, Mayor Pro -Tem Abe Bush, Jr., Member Fred Held, Member Jerry Dinsmore, Member David Loeser, Member Don Redding, Planning & Zoning Commissioner Sarah Brown, Planning & Zoning Commissioner Terry Morgan, Special Counsel Eldridge Goins, Legal Counsel Barry Friedman, Financial Consultant David Smith, Financial Consultant Carol Polumbo, Bond Counsel Dennis Wilson, Town Planner Eddie Haas, Town Traffic Engineer Jeff Williams, Town Engineer Larry Fuson, Town Water and Wastewater Engineer Ginger Crosswy, Town Secretary Absent: No one. Page 1 of4 3 7 The meeting was called to order by Mayor Bradley at 6:04 p.m. The Board recessed into executive session at 6:05 p.m. as Mayor Bradley read each agenda item to be discussed. Mayor Bradley left the executive session at 7:16 p.m. and did not participate further in the executive session. Mayor Pro Tem Charla Bradshaw then presided over the remainder of the executive session. The executive session was recessed at 7:50 p.m. Mayor Bradley reconvened the meeting into open session at 7:55 p.m. Mayor Bradley thanked everyone in the audience for their support and efforts on behalf of the Town over the past two plus years. Then he thanked all of the Aldermen who played a role in putting the Town back together. The Board requested that Item #21 be considered first. Item #21: Motion by Alderman Bradshaw, seconded by Alderman Loeser, to accept the resignation of Paul Isham. The motion carried unanimously. Motion by Alderman Bradshaw, seconded by Alderman Loeser, to adopt Resolution No. 99-02 appointing Terry Morgan as interim Town Attorney and Paul C. Isham as special counsel for the Town. The motion carried unanimously. http://www.westlake-tx.org/agendas/am04l 299.htm 5/6/99 4 3 8inutes of the Board of Aldermen meeting Page 2 of 5 Item #3: Motion by Alderman Bradshaw, seconded by Alderman Dinsmore, to authorize publication of newspaper notice to seek special legislation for the Circle T Municipal Utility Districts No. 1, 2 & 3. Mayor Bradley asked what item on the agenda was this motion related to? Alderman Bradshaw stated that this is being addressed under Item #3. Alderman Bradshaw then restated her motion as follows: to authorize the publication of a newspaper notice to seek special legislation for the Circle T Municipal Utility Districts No. 1, 2 & 3, to authorize the Town Attorney to finalize the bill that has been drafted, two Board members to speak to Representative Truitt and/or Senator Nelson in reference to the bill to move the bill through the legislative process and if an agreement is not finalized prior to finalizing the bill the Town will withdraw its support for the bill. The Mayor asked Alderman Bradshaw which items in the executive session is this being related to? Mr. Morgan stated that this is related to items regarding pending or contemplated litigation. Mayor Bradley read the two items listed to be discussed in executive session and asked which one this falls under? Mr. Morgan replied that this is in regard to the phrase "pending or contemplated litigation involving the Town and Aldermen including, but not limited to" in the general clause. Mayor Bradley asked what is the contemplated or pending litigation being referred to? Mr. Morgan answered the contemplated litigation involves both potential litigation that could arise as a result of an incomplete finance plan that is related to a settlement agreement so it could be litigation with Hillwood concerning the finance plan on the settlement agreement and secondly there is a pending administrative proceeding contested case proceeding before the TNRCC in which Hillwood has contested and the Town has also filed for a certificate of convenience and necessity related to the service provision of the Town. Those would be the two items under which this item is related. Also, there is on the agenda item no 20 items that are related to this and they will be discussed when that agenda item is reached. Mayor Bradley stated that this appears to be taking the action under agenda item #20 and he will either move item #20 up and take action on it now or he will declare the motion out of order. Mr. Morgan stated that in his opinion the motion could be handled under Item #3. Mayor Bradley told the Board that the open meetings law requires that you state what matter you are going to discuss in executive session; the subject of the motion is not a matter that was listed for discussion in executive session; therefore, exercising the power of the chair, he is declaring the motion out of order unless the Board would like to move item #20 up and address it at this time. Mr. Morgan stated that the motion goes beyond the action that is listed under item #20 and all of the actions that are the subject of this motion could not be considered there, that is why they are being considered here which, in his opinion, is still proper. The Board then decided to consider item #20 at this time. Mayor Bradley recognized Mr. Brown of 4050 Aspen Lane in Westlake. Mr. Brown stated that he is protesting considering this item before the citizens presentations item on the agenda, as persons in the audience would like to express their opinion on this item before the Board considers it. Mayor Bradley then stated that Item #19 and #20 will be considered at this time. Item #19: Citizens Presentations: The following people spoke asking numerous questions concerning the proposed legislation: Jack Walton of 13225 Thornton Drive, Westlake. Wanda Haskins of 5920 Steve Ct., Westlake. Charlene Gardner of 6040 Mahotea Boone Trail, Westlake. Sarah Brown of 4050 Aspen Lane, Westlake. Stephen Thornton of 13187 Thornton Dr., Westlake. Kelly Bradley, 10 Paigebrooke Lane, Westlake. Kipp Whitman, 3402 Crossgate Circle, Colleyville. Ray Griffith, 1210 Ottinger, Westlake. David Brown of 4050 Aspen Lane, Westlake. Members of the Board and Mayor Bradley then addressed the various questions asked by the audience. http://www.westlake-tx.org/agendas/am04l299.htm 5/6/99 Minutes of the Board of Aldermen meeting Page 3 of4 3 9 Item #20: Mr. Morgan, Barry Friedman, the Town's financial advisor and Carol Polumbo, the Town's bond counsel, gave a presentation concerning the background of this issue, the problems with the PID system, the proposed Utility District and the proposed legislation. Mayor Bradley told the audience there were other options without using MUDS. There was a lengthy question and answer session. Motion by Alderman Bradshaw, seconded by Alderman Dinsmore, to authorize the publication of a newspaper notice to seek special legislation for the Circle T Municipal Utility Districts No. 1, 2 & 3, to authorize the Town Attorney to finalize the bill that has been drafted, to authorize two Board members to speak to Representative Truitt and/or Senator Nelson in reference to the bill to move the bill through the legislative process and if an agreement is not finalized prior to the filing of the bill the Town will withdraw its support for the bill. Mayor Bradley stated that he believes that the motion if passed will not support the action intended. Mr. Morgan told the Board that in his opinion the action would be supported under item #3 and #20. The motion carried 4 - for 1 abstention - Fred Held Item #4: Motion by Alderman Dinsmore, seconded by Alderman Bush, to approve minutes of the regular meeting held on March 22, 1999, as presented. The motion carried unanimously. Item #5: Motion by Alderman Bradshaw, seconded by Alderman Dinsmore, to pay all outstanding bills as listed. The motion carried unanimously. Item #6: Motion by Alderman Bush, seconded by Alderman Bradshaw, to adopt Resolution_ No. 99- 03. The motion carried unanimously. Item #7: Motion by Alderman Bradshaw, seconded by Alderman Bush, to adopt Ordinance No. 324 resolving the pending Lone Star Gas application for a rate increase in the Mid -Cities Distribution System. The motion carried unanimously. Item #8: Jeff Williams, the Town Engineer, presented a proposal for the installation of GPS (Global Positioning System) monuments for the Town. Mayor Bradley apologized to Mr. Williams, saying that the agenda item did not allow any action to be taken on this item but would be on the next agenda. Item #9: Jeff Williams, the Town Engineer, gave a presentation concerning the status of the master drainage study. Item #10: PUBLIC HEARING concerning amending Article III of the Westlake Unified Development Code to add a new category known as "R-80" Estate Residential 2 District which would require minimum lots of two acres. The creation of the new district will also result in amendments to Articles IV and V of the Unified Development Code. The Public Hearing was opened at 10:12 p.m. Dennis Wilson, the Town Planner, explained that this is only to establish the zoning category and not ro rezone any property. As no one else wished to speak the Public Hearing was closed at 10:15 p.m. http://www.westlake-tx.org/agendas/am04l299.htm 5/6/99 4 4 lnutes of the Board of Aldermen meeting Page 4 of 5 Item #11: Motion by Alderman Bradshaw, seconded by Alderman Dinsmore, to instruct _the Town Attorney to prepare an Ordinance changing the Unified Development Code as stated. The motion carried unanimously. Item # 12: PUBLIC HEARING concerning a variance requested by Mark Brown of 2225 N. Pearson Lane to continue his home based business for a three year period. The Public Hearing was opened at 10:20 p.m. Mark Brown stated that he would answer any questions anyone had. Dennis Wilson, the Town Planner, recommended approval of this variance. The following people spoke in favor of the variance: Abe Bush of 2220 Pearson Lane, Westlake Ray Griffith of 1210 Ottinger, Westlake As no one else wished to speak the Public Hearing was closed at 10:23. Item #13: Motion by Alderman Bush, seconded by Alderman Bradshaw, to approve the variance. The motion carried unanimously. At 10:25 p.m. Mayor Bradley announced that the meeting would recess for 10 minutes. The meeting reconvened at 10:37 p.m. Item #14: PUBLIC HEARING concerning an application filed by Sherry Gray for a rezoning of the property located at 2175 and 2205 N. Pearson Lane from "R-200" Country Residential District to a "PD" Planned Development District to allow the current kennel operation and expansion of the kennel. The Public Hearing was opened at 10:38 p.m. Tom Hanahan of 6239 Lacosa Drive in Dallas presented the rezoning request for the applicant. Ms. Gray then spoke to the Board asking that they approve her application. Those speaking in favor of the application were: Phyllis Futerfas of 3705 Princeton, Dallas. Larry Futerfas of 3136 Routh, Dallas. Barbara Hancock of 6334 Westchester, Dallas. Bob Hancock of 6334 Westchester, Dallas. Annette Bush of 2220 N. Pearson Lane, Westlake. Those speaking against the application were: Kipp Whitman of 3402 Crossgate Circle, Colleyville. Ray Griffith of 1210 Ottinger, Westlake. Ruby Held of 4105 Aspen Lane, Westlake. Mayor Bradley read letters from Hank Barry and Richard Myers. Dennis Wilson, the Town Planner recommended denial of the application. As no one else wished to speak the Public Hearing was closed at 11:45 p.m. Item #15: Don Redding of the Planning and Zoning Commission told the Board that the Commission recommended denial of this application. Motion by Alderman Dinsmore, seconded by Alderman Bradshaw, to deny this application without prejudice and to ask Ms. Gray to come back to the Board with a proposal on how to quieten her current operation. The motion carried 4 - for 1 abstention - Abe Bush http://www.westiake-tx.org/agendas/am04l299.htm 5/6/99 Minutes of the Board of Aldermen meeting Page 5 o'441 f441 Item # 16: PUBLIC HEARING concerning a preliminary plat, an application for a specific use permit to allow a gated community and a developers agreement filed by Warren Clark Development for the property located at 1650 W. Dove Road, approximately 2100 feet west of Sam School Road, adjacent to Dove Road. Due to the late hour, the Public Hearing was opened at 11:52 p.m. and continued until the next regular meeting. Mr. David McMahan and Mr. Tom Matthews of Four Peaks Development and Dale Clark of Warren Clark Development were present, and all agreed to the postponement. Item # 17: No action was taken on this item. Item #18: Mayor Bradley explained to the audience the situation concerning 1400 acres that were annexed into Westlake in 1960 that Flower Mound is claiming. There is a meeting of the Mayors from the surrounding Towns being held next Tuesday. Mayor Bradley said that he is working with Flower Mound to try to come to some amicable agreement to resolve this matter. Item #22: PUBLIC HEARING concerning the applications of AIL Investments, L.P., to establish public improvement districts. The public hearing was opened at 12:00 p.m. As no one wished to address the Board concerning this item, the public hearing was continued until the next regular meeting. Item #23: No action was taken on this item. Item #24: Other business: Several of the Aldermen spoke at this time regarding the concern shown by the residents earlier regarding the MUD issue. Item 425: Motion by Alderman Loeser, seconded by Alderman Bush, to adjourn. The motion carried unanimously. The meeting was adjourned at 12:15 p.m. Sco Bradley, Mayor ATTEST: Ginge rosswy, Town Secre http://www.westlake-tx.org/agendas/am04l299.htm 5/6/99