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.
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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.
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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.
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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.
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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
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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
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