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Home My WebLink About12-12-05 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING DECEMBER 12, 2005 PRESENT: Mayor Scott Bradley and Aldermen Bill Frey, Buddy Brown, Fred Held, Don Redding, and Larry Sparrow ABSENT: None OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry, Town Secretary Jean Dwinnell, Finance Director Debbie Piper, DPS Director Don Wilson, Facilities and Recreation Director Troy Meyer, Marketing and Public Affairs Director Carolyn Sims, Court Administrator Amanda DeGan, and Building Official Jim Taylor 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 7:01 p.m. CITY SECRETARY'S NOTE: Mayor Bradley re -ordered the Agenda and held Citizens' Presentations prior to the Executive Session, then moved to Items 7 and 8 before taking up the remainder of the Agenda items. 2. EXECUTIVE SESSION. The Board convened into executive session at 7:09 p.m., as Mayor Bradley read the items to be discussed. 3. RECONVENE INTO OPEN MEETING. The Board reconvened into regular session at 8:04 p.m. 4. EXECUTIVE SESSION ACTION. There was no action to be taken. 5. CITIZENS' PRESENTATIONS. Mr. Rick Rennhack reported on the funds raised through the Gallery event and the Blacksmith Apprentice Program. He advised that the Gallery event netted over $96,000 for both the day and evening events and the Blacksmith Apprentice Program has raised over $345,000 in pledges, up $92,000 from last year. He further reported that a Fidelity Investments Foundation grant was given to the Academy Foundation in the amount of $75,000 for the capital campaign to assist with the feasibility study and to begin work with campaign consultants. Mr. Rennhack advised the Board that Ms. Van Trease's term as Chair was complete and that the Board had chosen one of the students' pictures to frame and present to Ms. Van Trease for her work and dedication to the Academy Foundation. Mr. Rennhack thanked Carolyn Sims with the Town of Westlake, Vanessa Van Trease with the Foundation, and Phoebe Dill of Vaquero for their hard work on the fundraising projects. 6. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR A SPECIAL USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON LOT 7 OF THE CARPENTER ADDITION, 5920 MAHOTEA BOONE TRAIL. Town Manager Trent Petty explained the proposed Ordinance, advised that the Planning and Zoning Commission had approved the Special Use Permit, and recommended approval. Discussion ensued regarding the depth and use of the well. Mayor Bradley opened the public hearing. There was no one present wishing to speak and Mayor Bradley closed the public hearing. Alderman Sparrow moved, Alderman Redding seconded the motion to approve Ordinance No. 490, regarding an application for a Special Use Permit for a private water well to be located on Lot 7 of the Carpenter Addition, 5920 Mahotea Boone Trail. There was no further discussion and Mayor Bradley declared the motion carried unanimously. 7. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN AMENDMENT TO SECTION 102-154 OF THE ZONING ORDINANCE CONCERNING RESIDENTIAL PARKING OF CERTAIN TYPES OF VEHICLES, AMENDING THE ALLOWABLE TIME VEHICLES ARE ALLOWED TO BE PARKED ON RESIDENTIAL LOTS FOR PURPOSES OF LOADING AND UNLOADING AND PROVIDING FOR A MAXIMUM PERIOD IN WHICH THE TRAILER MAY BE USED FOR SLEEPING PURPOSES. Mayor Bradley opened the Public Hearing. Mr. Doug Neubauer, 13348 Thornton Drive, spoke regarding the proposed amendment to the Zoning Ordinance. He advised that there are several homeowners in his neighborhood that own boats, trailers, and RV's and that they are visible from the street. He stated that these boats, trailers and RV's are minor issues compared to today's issues, that they are not a health or safety issue, and that the Town employees' time can be better spent rather than worrying about boats, trailers, and RV's. Town Manager Trent Petty explained that the proposed Ordinance is not only for aesthetic purposes but for the purpose of allowing emergency vehicles access around homes. He further explained that the proposed amendment liberalizes the existing code. Mr. Petty advised that the Board may want to consider holding a workshop to discuss the Code and that special consideration may be given to the residents of Stagecoach Hills due to the air strip. There were no others wishing to speak and Mayor Bradley closed the public hearing. Alderman Sparrow moved, Alderman Redding seconded the motion to approve Ordinance No. 491, amending the Code of Ordinances, Section 102-154, residential parking concerning the maximum allowable time vehicles are allowed to be parked on residential lots for purposes of loading and unloading. Discussion ensued regarding how this ordinance came to the forefront of the Town's attention and the need to hold a workshop to discuss the entire Code of Ordinances possibly during January 2006. There was no further discussion and Mayor Bradley declared the motion carried unanimously. 8. CONSIDER AN ORDINANCE AMENDING CHAPTER 50, SECTION 5-2 OF THE WESTLAKE CODE OF ORDINANCES TO REMOVE THE ALLOWANCE FOR FRONT YARD PARKING OF TRAILERS AND RV'S IN ORDER TO BE CONSISTENT WITH SECTION 102-154 OF THE ZONING ORDINANCE. Town Manager Trent Petty explained the proposed Ordinance. Alderman Frey moved, Alderman Brown seconded the motion to approve Ordinance No. 492, amending the Westlake Code of Ordinances, Section 50-2 concerning mobile home parks. Discussion ensued regarding the affect this Ordinance would have on flat-bed trailers. There was no further discussion and Mayor Bradley declared the motion carried unanimously. 9. CONSIDER AN ORDINANCE REAPPOINTING THE PRESIDING JUDGE AND ALTERNATE JUDGE FOR THE WESTLAKE MUNICIPAL COURT. Town Manager Trent Petty explained the proposed Ordinance. Alderman Held moved, Alderman Brown seconded the motion to approve Ordinance No. 493, reappointing the presiding judge and alternate judge for the Westlake Municipal Court for a period of two years. There was no discussion and Mayor Bradley declared the motion carried unanimously. 10. CONSIDER A RESOLUTION AMENDING THE FY 05-06 BUDGET AND AUTHORIZING THE TOWN MANAGER TO ESTABLISH A DEPUTY COURT CLERK/WARRANT COLLECTIONS POSITION. Town Manager Trent Petty explained the proposed Resolution. Alderman Sparrow moved, Alderman Frey seconded the motion to approve Resolution No. 05- 43, amending the FY 05-06 Budget and authorizing the Town Manager to establish a Deputy Court Clerk/Warrant Collections Position. There was no discussion and Mayor Bradley declared the motion carried unanimously. 11. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ESTABLISH AN INCENTIVE PACKAGE FOR THE WARRANT DIVISION OF THE MUNICIPAL COURT. Town Manager Trent Petty explained the proposed Resolution and commended the Court Administrator Amanda DeGan for the work she is doing. He advised that the cost of the incentive package would be approximately $12,000 and the income would be approximately $250,000. Alderman Brown moved, Alderman Redding seconded the motion to approve Resolution No. 05- 44, authorizing the Town Manager to establish an incentive plan for the warrant division of the Municipal Court on behalf of the town of Westlake, Texas. Discussion ensued regarding the benefit of the incentive package, equitable incentives for other areas in the Town, the use of agencies to accomplish the same results, and the increased burden on the Ms. DeGan. There was no further discussion and Mayor Bradley declared the motion carried unanimously. 12. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO NOTIFY VERIZON THAT THE TOWN OF WESTLAKE DOES NOT OBJECT TO VERIZON OPTING OUT OF THE TOWN'S FRANCHISE AND INSTEAD, FALL UNDER THE FRANCHISING AUTHORITY OF THE PUC. Alderman Frey moved, Alderman Brown seconded the motion to approve Resolution No. 05-45, authorizing the Town Manager to notify Verizon that the Town of Westlake does not object to Verizon opting out of the Town's Franchise and instead, fall under the franchising authority of the PUC. Discussion ensued regarding the burial of fiber and the continued requirements for permits by Verizon. There was no further discussion and Mayor Bradley declared the motion carried unanimously. 13. CONSIDER AN ORDINANCE ADOPTING THE 2005 NATIONAL ELECTRICAL CODE (NEC 2005). Town Manager Trent Petty explained the proposed Ordinance, advised that the Town is currently under the 2002 Code, and that the adoption of the 2005 Code is positive progression. Alderman Brown moved, Alderman Held seconded the motion to approve Ordinance No. 494, adopting the 2005 National Electrical Code (NEC 2005). Discussion ensued regarding the difference between the 2002 and the 2005 Codes. Building Official Mr. Taylor advised that the new Code is more stringent and would insure state of the art quality control. There being no further discussion Mayor Bradley declared the motion carried unanimously. 14. CONSENT AGENDA: A. Review and approve minutes of the regular meeting held on November 14, 2005. B. Review and approve any outstanding bills. Alderman Redding moved, Alderman Brown seconded the motion to approve the consent agenda as presented. There was no discussion and Mayor Bradley declared the motion carried unanimously. Mayor Bradley read a letter from the Texas Court Clerk's Association advising that Court Administrator Amanda DeGan had been honored with the Distinguished Service Award for successfully pulling together an education program for the North Texas Chapter of the Texas Court Clerks Association. Mayor Bradley also read a letter from the Texas Municipal Clerks Association congratulating Town Secretary Jean Dwinnell on her recent recertification. 15. ADJOURNMENT. Alderman Brown moved, Alderman Held seconded the motion to adjourn. The motion carried unanimously and Mayor Bradley declared the meeting adjourned at 9:00 p.m. APPROVED BY THE BOARD OF ALDERMEN ON aKu„Qr•.j O 9 2006. Scott Bradley, Mayor ATTEST: 1 Gil Je Dwinnell, TRMC, CMC, Town Secretary