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Home My WebLink About04-09-07 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN AND PLANNING AND ZONING COMMISSION JOINT WORKSHOP APRIL 9, 2007 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Fred Held, Don Redding, and Bob Timmerman. ABSENT: Buddy Brown COMMISSION MEMBERS PRESENT: Chairman Bill Greenwood, Commissioners Tim Brittan (excused at 5:20 p.m.), Walter Copeland, Allen Heath, and Sharon Sanden COMMISSION MEMBERS ABSENT: None STAFF PRESENT: Town Manager Trent Petty. Town Attorney Stan Lowry and Town Secretary Kim Sutter. 1. CALL TO ORDER. Mayor Bradley called the workshop to order at 4:40 p.m. The Board convened into executive session at 4:42 p.m., as Mayor Bradley read the item to be discussed (Texas Government Code section 551.071 — Consultation with Attorney). The executive session adjourned at 5:16 p.m. The Board reconvened into regular session at 5:20 p.m. Town of Westlake Board of Aldermen April 9, 2007 Workshop 2. DISCUSS THE ZONING CHANGE REQUEST OF 54.77 ACRES CURRENTLY ZONED R-1 AND OFFICE PARK INTO A PLANNED DEVELOPMENT AND THE RELATED PRELIMINARY PLAT. Mayor Bradley advised that, upon the advice of the Town Attorney, the Board will not discuss the case or receive public comments at this time; however, anyone wishing to comment on the case can do so at the public hearing scheduled at 7:00 p.m. on April 9, 2007. 3. ADJOURNMENT. There being no further business to come before the Board, Mayor Bradley declared the workshop adjourned at 5:22 p.m. APPROVED BY THE BOARD OF ALDERMEN ON APRIL 23, 2007. ��w.Lj • : .�Mayor ATTEST: kivi Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING APRIL 9, 2007 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Fred Held, Don Redding, and Bob Timmerman. ABSENT: Buddy Brown. OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, Public Works Superintendent Jarrod Greenwood, DPS Director Don Wilson, and Executive Assistant Ginger Awtry 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 7:02 p.m. 2. EXECUTIVE SESSION Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen at 7:03 p.m. so that the Board might consider the following in executive session. A. The Board will conduct a closed session under Texas Government Code section 551.071 to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: i. City of Roanoke v. Toivn of Westlake, Cause No. 02 -01 -00290 -CV (Second Court of Appeals) ii. Town of Westlake v. City of Roanoke (Johnny's Automotive tract), Cause No. 2003-20243-158 (158th Judicial District Court of Denton County, Texas) Town of Westlake Board of Aldermen Regular Meeting April 9, 2007 Page 2 of 5 B. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters. C. The Board will conduct a closed session under Texas Government Code section 551.072 to discuss the purchase, exchange, lease, or value of real property. Mayor Bradley convened the executive session at 7:04 p.m. The executive session adjourned at 7:24 p.m. 3. RECONVENE MEETING. The Board reconvened into regular session at 7:26 p.m. 4. EXECUTIVE SESSION ACTION. Mayor Bradley announced that the Board will consider action on an executive session item. MOTION: Alderman Redding made a motion to increase the annual salary of Town Secretary Kim Sutter to $72,000.00, effective March 31, 2007. Alderman Held seconded the motion. The motion carried by a vote of 4-0. 5. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. 6. HEAR A REPORT FROM WESTLAKE HISTORICAL PRESERVATION SOCIETY PRESIDENT. Westlake Historical Society President Kelly Pace Bradley addressed the Board regarding the activities of the Society. She stated that the fall event will include the sealing of the time capsule, the opening of the history museum, and the release of the town's history book. Alderman Timmerman asked for a description of the events leading up to the sealing of the time capsule. President Bradley advised that the company has agreed to make a presentation to the students regarding the process. The student prescntation will occur prior to the official sealing of the time capsule at the fall event. Town of Westlake Board of Aldermen Regular Meeting April 9, 2007 Page 3 of 5 7. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING A ZONING CHANGE REQUEST FOR APPROXIMATELY 54.77 ACRES OF LAND, DESCRIBED AS THE FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1B4; A1510, Tr 11103; A1510 Tr 7A01 and A1510, Tr 7AOIA; A1510, Tr 7A2 and A1510, Tr 7A5; AND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 1111; PREVIOUSLY ZONED R-1 AND OFFICE PARK, INTO ONE RESIDENTIAL PD AND RELATED SITE PLAN. Mayor Bradley introduced the item. Town Manager Petty explained that the case was heard by the Planning and Zoning Commission on March 22, 2007, and the zoning change request was subsequently denied by a unanimous vote of the Commission. He stated that in response to the denial, the developer has reduced the proposed number of lots from 33 to 29 and is proposing a minimum lot size equal to the smallest lot sizes in Glen Wyck, thereby altering the density from .60 to .53 units per acre. He added that the proposal contemplates a Planned Development (PD), under which case the floodplain would be dedicated to the Town and maintained by the homeowner's association. Mayor Bradley opened the public hearing at this time. Paul Spain, 2200 Estes Park Drive, Southlake, the applicant, addressed the Board regarding the proposed changes and presented two proposed plans to the Board. Doug Mayer, 1847 Broken Bend Drive, expressed his desire to see detailed plans regarding the trails and bridges, specifically the design and maintenance. Mr. Mayer expressed his support to have the Planning and Zoning Commission review the revised plan. Kamille Jolissaint, 1809 Broken Bend Drive, expressed her opposition to the rezoning of commercial property to residential and further expressed her support for the Town's Master Plan. She also asked if the donation to the school and percentage of resells offer has been rescinded by the developer. Mayor Bradley responded that he believes the offer has not been withdrawn; however, he stated that the decision to rezone must be based solely on the development plan being proposed and cannot be based on financial considerations. There being no others requesting to address the Board, Mayor Bradley closed the public hearing at this time and asked for a motion. MOTION: Aldermen Corson made a motion to send the case back to the Planning and Zoning Commission for consideration. Aldermen Redding seconded the motion. Town of Westlake Board of Aldermen Regular Meeting April 9, 2007 Page 4 of 5 Aldermen Timmerman expressed his desire to establish protocol for cases that are denied by the Commission in the future. Town Manager Petty recommended that the Board consider a workshop item to discuss establishing a procedure for cases that are denied by the Planning and Zoning Commission, followed by an ordinance for the Board's consideration. Mayor Bradley advised that any ordinance approved by the Board with regard to establishing a policy would not apply to this case as the case was filed prior to the adoption of a policy. VOTE ON MOTION: The motion carried by a vote of 4-0. 8. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON 2209 VAQUERO ESTATES BOULEVARD IN THE VAQUERO ARTHUR ADDITION -PHASE 3; BLK M, LOT 2. Mayor Bradley introduced the item and opened the public hearing. There being no one requesting to speak, Mayor Bradley closed the public hearing and asked for a motion. MOTION: Aldermen Corson made a motion to approve Ordinance No. 517, amending the comprehensive zoning ordinance of the Town by granting a specific use permit for a private water well to be located on 2209 Vaquero Estates Boulevard in the Vaquero Arthur Addition, Phase 3, Block M, Lot 2; providing for a severability clause; providing for a penalty of a fine not to exceed the sum of two thousand ($2,000.00) dollars; providing for injunctive relief, and providing for an effective date. Aldermen Held seconded the motion. The motion carried by a vote of 4-0. 9. CONSIDER A RESOLUTION AMENDING THE MASTER PLAN OF THE TOWN OF WESTLAKE CIVIC CAMPUS APPROVING THE FINAL LOCATION OF THE WESTLAKE PERFORMING ARTS AND SCIENCE CENTER. Mayor Bradley introduced the item and advised that the Board held a workshop on April 9, 2007, to review two proposed options to determine the location of the arts and science center. Town Manager Petty advised that the Board requested information outlining the construction, engineering and design schedule, as well as the financing schedule so that an informed decision can be made with regard to the preferred plan. Town of Westlake Board of Aldermen Regular Meeting April 9, 2007 Page 5 of 5 MOTION: Aldermen Corson made a motion to table consideration of this item until the requested information is presented and the results of the soil borings are made available. Alderman Redding seconded the motion. The motion carried by a vote of 4-0. 10. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Board of Aldermen workshop, the regular Board of Aldermen meeting, and the 50th Anniversary Committee Workshop held on March 26, 2007. B. Review and approve any outstanding bills. MOTION: Alderman Timmerman made a motion to approve the consent agenda as presented. Alderman Held seconded the motion. The motion carried by a vote of 4-0. 11. ADJOURNMENT. There being no further business, Mayor Bradley asked for a motion to adjourn the meeting. MOTION: Alderman Held made a motion to adjourn the meeting. Alderman Redding seconded the motion. The motion carried by a vote of 4-0. The meeting adjourned at 8:27 p.m. APPROVED BY THE BOARD OF ALDERMEN ON APRIL 23, 2007. ATTEST: Kim.gutter, TRMC, Town Secretary