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HomeMy WebLinkAbout04-23-07 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN WORKSHOP APRIL 23, 2007 PRESENT: Mayor Scott Bradley and Aldermen Buddy Brown. Larry Corson, Fred Held, Don Redding, and Bob Timmerman. ABSENT: None. STAFF PRESENT: Town Manager Trent Petty, Town Secretary Kim Sutter, Town Engineer David McCarver, DPS Director Don Wilson, and Public Works Superintendent Jarrod Greenwood. 1. CALL TO ORDER. Mayor Bradley called the workshop to order at 4:03 p.m. 2. HEAR STAFF PRESENTATION AND DISCUSS THE PROPOSED UPPER TRINITY REGIONAL WATER DISTRICT CONTRACT. Town Manager Petty introduced the item and advised that the Town of Westlake and Town of Trophy Club are reviewing a proposed contract with the Upper Trinity Regional Water District (UTRWD). Town Engineer McCarver presented the Board with the current and projected water use for the Town through 2030 and a cost comparison analysis of the existing water supply contract to the proposed contract with the Upper Trinity Regional Water District. Mr. McCarver added that the recommendation is to use UTRWD as the primary source of water and utilize Fort Worth water for usage in excess of the UTRWD contract. Town Engineer McCarver presented an overview of the proposed UTRWD contract: - "Take or pay" contract in contrast to the Fort Worth contract that is based on charges for peak water usage. - Westlake will be represented by an at -large member of the Board of Directors of the District. - Bonds to fund the project will be issued by the District in one or more series. - Changes in water demand require six (6) months notice. - Basis of Payment. Town of Westlake Board of Aldermen Workshop April 23, 2007 o Current water year demand, o Highest demand actually established for the year; o Minimum demand established in the contract. Other water supplies o Minimize the installation of new wells; o Must give 60 days notice to seek other surface water supplies. Page 2 of 3 Discussion ensued with regard to the calculation of peak charges, financing, rights-of-way acquisition, and possible restrictions related to a drought. Town Engineer McCarver presented the following timeline of events to the Board: Negotiate contract with UTRWD Summer 2007 Consider Interlocal Agreement with Tarrant County for joint use facilities Summer 2007 Issue bonds December 2008 Begin construction Spring 2009 Mayor Bradley asked if there would be any benefit to becoming a member as opposed to a customer. He added that a member status might preserve the Town's rights with regard to the renewal of any future contracts. Town Manager Petty advised that the value of the membership option will be reviewed. 3. DISCUSS PUBLIC ART COMMITTEE STRUCTURE AND FUNDING. Town Manager Petty advised that in the fall 2006, the Board discussed establishing a public art committee to enhance the visual environment for Westlake residents, and advised that a resolution establishing the committee, appointing members, defining the mission and scope of the committee, and establishing a funding source has been included on the April 23, 2007, regular meeting agenda. Mayor Bradley advised the Board that Ms. Becky Rogers has indicated an interest in serving on the committee and he advised the Board of his interest to serve as the Board liaison to the committee. Town Manager Petty reviewed the proposed funding source. Alderman Timmerman expressed his support for the formation of a public art committee; however, he expressed his objection to the proposed funding option as he feels the funding responsibility is imposed on future residents. Alderman Timmerman requested the Board consider alternate options for funding. Discussion ensued with regard to possible funding options. It was the consensus of the Board to revise Section 6 of the Resolution to state that the Board will identify a funding source no later than the 2007-2008 budget process. Town of Westlake Board of Aldermen Page 3 of 3 Workshop April 23, 2007 4. DISCUSS A POSSIBLE TOWN HALL MEETING TO CONVEY INFORMATION CONCERNING GAS DRILLING IN WESTLAKE. Mayor Bradley introduced the item and advised that this issue has been a topic of discussion for the past two years and he would like to identify the best process to minimize any negative impact to the Town. Mayor Bradley recommended holding a Town Hall meeting to focus on the issue, discuss the impact to the Town, and give residents an opportunity to raise questions and concerns. Discussion ensued with regard to the defensibility of the Town's current oil and gas ordinance. and the need to strengthen the ordinance. Aldermen Corson and Redding expressed their support for hosting a Town Hall meeting as long as the purpose is to educate the residents regarding gas drilling in Westlake. It was the consensus of the Board to host a Town Hall meeting on Monday, May 21, 2007, at 7:00 p.m. The Board further agreed that the panel would consist of non-resident experts and would exclude any local residents who m ,-,ht be vying for leasing rights. 5. ADJOURNMENT. There being no further business to come before the Board, Mayor Bradley declared the workshop adjourned at 7:05 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JUNE 11, 2007. r Scott Bradey, Mayor 'v ATTEST: Kim Sutter. TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING APRIL 23, 2007 PRESENT: Mayor Scott Bradley and Aldermen Buddy Brown, Larry Corson, Fred Held, Don Redding, and Bob Timmerman. ABSENT: None. OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Matthew Boyle, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, Public Works Superimendent Jarrod Greenwood, DPS Director Don Wilson, and Executive Assistant Ginger Awrtry. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 7:18 p.m. 2. EXECUTIVE SESSION Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen at 7:20 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. Cily of Roanoke r. Torn of Gl'estlake, Cause No. 02-01-00290-CY' (Second Cow•t of 'Appeal.$) ii. Town of 11,estlake v. City of Roanoke (Johnny's Automotive tract), Cause No. 2003-20243-158 (1581h Judicial District Court of Denton Counly. Texas) Town of Westlake Board of Aldermen Regular Meeting April 23, 2007 Page 2 of 8 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 7:23 p.m. The executive session adjourned at 7:41 p.m. 3. RECONVENE MEETING. The Board reconvened into regular session at 7:42 p.m. 4. EXECUTIVE SESSION ACTION. Mayor Bradley announced that the Board will consider action on executive session item 2 A. i. City of Roanoke v. Toirn of Westlake, Cause No. 02 -01 -00290 -CV (Second Court of Appeals) ii. Toia,n of Westlake v. City of Roanoke (Johnny's Automotive tract). Cause No. 2003-20243-158 (158th Judicial District Court of Denton County, Texas) MOTION: Alderman Redding made a motion to authorize the Town Manager to execute the master agreement regarding boundary adjustments and other matters in a form approved by the Town Attorney. Alderman Brown seconded the motion. Mayor Bradley explained that the master agreement will settle all litigation between the Town of Westlake and the City of Roanoke. VOTE ON MOTION: The motion carried by a vote of 5-0. 5. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. With no objections from the Board, Mayor Bradley reordered the agenda to consider items 7 and 10 prior to item 6. 7. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT AND AMENDED SITE PLAN FOR A HELISTOP TO BE LOCATED AT 3 CAMPUS CIRCLE IN THE SOLANA BUSINESS PARK; DESCRIBED AS THE Town of Westlake Board of Aldermen Regular Meeting April 23, 2007 Page 3 of 8 WESTLAKE/SOUTHLAKE PARK ADDITION NO. 1; LOT 1, BLOCK 1; AT THE NW CORNER OF SOLANA BOULEVARD AND SH 114. Town Manager Petty introduced the item and advised that the case was approved unanimously by the Planning and Zoning Commission at their April 12, 2007, meeting. Mr. Tom Allen and Mr. Richard Kuhlman representing Maguire Partners, and Ms. Kimberly Cole of Huitt-Zollars addressed questions from the Board regarding lighting, location of the helistop, and plans for the existing helipad location. Mayor Bradley opened the public hearing. There being no one wishing to speak, Mayor Bradley closed the public hearing. MOTION: Alderman Redding made a motion to adopt Ordinance No 518, granting a specific use permit and amended site plan for a helistop to be located at 3 Campus Circle in the Solana Business Park. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. 10. CONSIDER A RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH FIDELITY TEXAS LIMITED PARTNERSHIP PURSUANT TO THE TOWN'S ECONOMIC DEVELOPMENT POLICY AND TAX ABATEMENT POLICY AND ESTABLISHING NEIGHBORHOOD EMPOWERMENT ZONE NO. 1. Town Manager Petty introduced the item and advised that Ms. Fran Eichorst of Fidelity Investments was present to address any questions of the Board. MOTION: Alderman Corson made a motion to approve Resolution No. 07-24. approving an economic development agreement with Fidelity Texas Limited Partnership for Phase II of the Fidelity Campus pursuant to the Town of Westlake Economic Development Policy and Tax Abatement Policy and declaring an effective date. Alderman Brown seconded the motion. The motion carried by a vote of 5-0. 6. HEAR A REPORT FROM THE WESTLAKE ACADEMY FOUNDATION PRESIDENT REGARDING FUNDRAISING. Rick Rennhack, president of the Westlake Academy Foundation, addressed the Board regarding the results of fundraising activity over the past three years. Mr. Rennhack reported that the Foundation has raised approximately $1.5 million since 2004. He added that he believed the success is related to the growing appreciation from parents and the value of an IB education. He further expressed his appreciation to the Board for their support. Town of Westlake Board of Aldermen Page 4 of 8 Regular Meeting April 23, 2007 8. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN AMENDMENT TO THE WESTLAKE CODE OF ORDINANCES TO ESTABLISH A RESIDENTIAL AIRPARK "RA" ZONING CATEGORY. Town Manager Petty introduced the item. Mayor Bradley advised that Aldermen Brown and Redding will not participate in the discussion or vote on this item. Mayor Bradley opened the public hearing. The following individuals spoke in support of th., ordinance: Bill Frey, 5924 Janet Court Jerry Johnson, 13308 Thornton Drive Debra Heath, 5944 Stagecoach Circle, addressed the Board and posed several questions regarding the ordinance. In response to Mrs. Heath's questions, Town Manager Petty advised that the ordinance establishes setbacks for accessory buildings and does not address lot sizes. Once platted, lots of one acre or larger would be conforming under the R-1 standard. Through the zoning process, lots, lot sizes, and setback variations would be identified and each lot would be zoned accordingly. He further stated that the ordinance does not imply the designation of additional right-of-way Allen Heath, 5944 Stagecoach Circle, expressed his desire for the Board to continue to address the concerns expressed. Bill Goken. 5928 Janet Court. asked if the ordinance addresses the platting of lots, and if the need presented itself, would he be allowed to rebuild under a grandfather clause. Mr. Goken further stated that at a meeting of Stagccoach Hills' residents, the residents were unanimously in support of the proposed ordinance. Town Manager Petty responded that the proposed ordinance does not address the platting of lots. Mr. Petty added that any rebuilds would be dependent on the condition of the property. There being no others requesting to speak, Mayor Bradley closed the public hearing. MOTION: Alderman Held made a motion to adopt Ordinance No. 519, amending the Westlake Code of Ordinances to establish a residential airpark "RA" zoning district, providing an effective date; providing a penalty clause; and providing for a savings clause. Alderman Corson seconded the motion. Discussion ensued with regard to a proposed rezoning process for the Stagecoach Hills area and the platting of the entire subdivision. Town of Westlake Board of Aldermen Regular Meeting April 23, 2007 Page 5 of 8 VOTE ON MOTION: The motion carried by a vote of 3-0, with Aldermen Brown and Redding filing conflicts of interest affidavits with the Town Secretary's office. 9. CONSIDER A RESOLUTION AUTHORIZING AN INCREASE IN THE RETAINAGE FEE FOR ARCHITECTURAL SERVICES TO IMMEDIATELY BEGIN DESIGN OF A PERFORMING ARTS AND SCIENCE CENTER TO BE USED BY THE TOWN OF WESTLAKE AND WESTLAKE ACADEMY. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Corson made a motion to approve Resolution No. 07-23, authorizing an increase in the retainage fee for architectural services to immediately begin design of a performing arts and science center to be used by the Town of Westlake and Westlake Academy. Alderman Brown seconded the motion. Alderman Corson inquired as to the amount currently budgeted for the expense, the status of a report regarding the timeline, and the timeframe for the issuance of the bonds to fund the project. Town Manager Petty responded that an amount of $10,000 was previously approved by the Board, and a schedule outlining the timeline for construction, design, and funding will be available at the next Board meeting. Town Manager Petty further advised that, to meet the August 2008 opening of the facility, bonds will need to be issued no later than July 2007. VOTE ON MOTION: The motion carried by a vote of 5-0. 11. CONSIDER A RESOLUTION ESTABLISHING A PUBLIC ART COMMITTEE; DEFINING THE COMMITTEE SCOPE; APPOINTING MEMBERS AND DEFINING TERMS OF SERVICE. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Held made a motion to approve Resolution No. 07-25, establishing a public art committee; defining the committee scope and appointing members and defining terms, with the following additions and change: appoint Becky Roge, c to a term of 3 years, appoint Mayor Scott Bradley to serve as the Board Liaison, and a change to Section 6 as follows: That the Board of Aldermen tii,ill identi& a. famding source for public art no later than the 2007-2008 annual budget process. Alderman Brown seconded the motion. The motion carried by a vote of 5-0. Town of Westlake Board of Aldermen Regular Meeting April 23, 2007 Page 6 of 8 12. CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH GRAHAM ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATING TO THE CONSTRUCTION OF A 6" WATERLINE ON J. T. OTTINGER ROAD. Town Manager Petty introduced the item and advised that the description of the existing waterline should read two inches (2") as opposed to two feet (2'). MOTION: Alderman Brown made a motion to approve Resolution No. 07-26, authorizing a contract with Gr.ih im Associates, Inc. for engineering services relating to the construction of a 6" waterline on J.T. Ottinger Road, with the changes as described by the Town Manager. Alderman Redding seconded the motion. The motion carried by a vote of 5-0. 13. CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH PHILIPS/MAY CORPORATION FOR CONSTRUCTION WORK RELATED TO THE PHASE III (THREE) REMODELING/CONVERSION OF POD F CIVIC CAMPUS FROM OFFICE SPACE TO ADDITIONAL CLASSROOMS AND RELATED USE. Town Manager Petty introduced the item. MOTION: Alderman Corson made a motion to approve Resolution No. 07-27, authorizing a contract with Philips/May Corporation for construction work related to the Phase III remodeling/conversion of POD F Civic Campus. Alderman Held seconded the motion. Town Manager Petty advised that the total project cost of $509,000 was included in the 2006-2007 budget. He added that the contras's on tonight's agenda total $438,000. Facilities and Recreation Director Meyer added that the budgeted amount includes renovations to the Parchman property. VOTE ON MOTION: The motion carried by a vote of 5-0. 14. CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH THE ANDREW JOSEPH COMPANY FOR CONSTRUCTION WORK RELATED TO THE PHASE III (THREE) REMODELING/CONVERSION OF POD F CIVIC CAMPUS FROM OFFICE SPACE TO ADDITIONAL CLASSROOMS AND RELATED USE. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Corson made a motion to approve Resolution No. 07-28, as presented. The motion carried by a vote of 5-0. Town of Westlake Board of Aldermen Regular Meeting April 23, 2007 Page 7 of 8 15. CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH VECTOR CONCEPTS FOR CONSTRUCTION WORK RELATED TO THE PHASE III (THREE) REMODELING/CONVERSION OF POD F CIVIC CAMPUS FROM OFFICE SPACE TO ADDITIONAL CLASSROOMS AND RELATED USE. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Held made a motion to approve Resolution No. 07-29, as presented. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. 16. CONSIDER A RESOLUTION AUTHORIZING A CONTRACT WITH MODERNFOLD DOORS & SPECIALTIES FOR CONSTRUCTION WORK RELATED TO THE PHASE III (THREE) REMODELING/CONVERSION OF POD F CIVIC .CAMPUS FROM OFFICE SPACE TO ADDITIONAL CLASSROOMS AND RELATED USE. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Redding made a motion to approve Resolution No. 07-30 authorizing a contract with Modernfold Doors and Specialties for construction work related to the Phase III (three) remodeling/conversion of POD F Civic Campus. Alderman Brown seconded the motion. The motion carried by a vote of 5-0. 17. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Joint Board of Aldermen and Planning and Zoning workshop and the regular Board of Aldermen meeting held on April 9, 2007. B. Review and approve any outstanding bills. MOTION: Alderman Held made a motion to approve the consent agenda as presented. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. 18. ADJOURNMENT. There being no further business, Mayor Bradley asked for a motion to adjourn the meeting. MOTION: Alderman Corson made a motion to adjourn the meeting. Alderman Held seconded the motion. The motion carried by a vote of 5-0. The meeting adjourned at 9:02 p.m. Town of Westlake Board of Aldermen Page 8 of 8 Regular Meeting April 23, 2007 APPROVED BY THE BOARD OF ALDERMEN ON MAY 14, 2007. Scott Bradley, Nfayor ATTEST Kim Slitter, TPMC, Town Secretary