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Home My WebLink About07-09-07 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING July 9, 2007 PRESENT: Mayor Scott Bradley and Aldermen April Gallagher. Don Redding, Pete Steger, and Bob Timmerman. ABSENT: Alderman Larry Corson. OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry. Town Secretary Kim Sutter, Jarrod Greenwood. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 7:00 p.m. 2. EXECUTIVE SESSION Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen at 7:01 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 ofl.rs. 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. Town of Westlake. Cause No. 02 -01 -00290 -CV (Second Court of ,4ppeals) ii. Town of' Westlake v. City of Roanoke (Johnny'.v Automotive tract), Cause No. 2003-20243-158 (158th Judicial District Court of Denton County, Texas) B. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters. Town of Westlake Board of Aldermen Regular Meeting July 9, 2007 Page 2 of 6 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 7:02 p.m. The executive session adjourned at 7:17 p.m. 3. RECONVENE MEETING. The Board reconvened into regular session at 7:18 p.m. 4. EXECUTIVE SESSION ACTION. There was no action taken. 5. CITIZENS' PRESENTATIONS. Jack Walton, 13225 Thornton Drive, presented the Board DVD footage taken during the June 26, 2007, rainstorm. He reported that the bar ditches in the subdivision are silted and the culverts are barely visible. George Ledak, 1220 Mt. Gilead, Roanoke, addressed the Board regarding the recent rains and added that he intends to build a house in the Stagecoach Hills subdivision and plans to raise the elevation of the property, which will further impact the drainage. Debra Ledak, 1220 Mt. Gilead, Roanoke. addressed the Board regarding the impact a boundary change would have on the Academ} . 6. HEAR A PRESENTATION FROM THE BLACK COW STUDENT NEWSPAPER EDITOR-IN-CHIEF TAYLOR JOLISSAINT, AND CONSIDER A RESOLUTION AUTHORIZING THE BLACK COW STUDENT NEWSPAPER TO DISTRIBUTE ITS NEWSPAPER, FREE OF CHARGE, TO ALL NON -STUDENT HOUSEHOLDS IN THE TOWN. Ms. Taylor Jolissaint, Editor -in -Chief of The Black Coiv, addressed the Board regarding the item. Ms. Jolissaint advised that the request is for the 2007-2008 school year and will include eight (8) issues to 250 non -student households in the Town. She added that all costs will be covered by The Black Cow. MOTION: Alderman Steger made a motion to approve Resolution No. 07-44, authorizing The Black Coiv student newspaper to distribute its newspaper, free of charge, to all non -student households in the Town. Alderman Redding seconded the motion. Alderman Timmerman asked if Town events will be covered by the newspaper. Town of Westlake Board of Aldermen Regular Meeting July 9, 2007 Page 3 of 6 Ms. Jolissaint responded that coverage request can be made, and newspaper staff will retain the right to make all editorial decisions regarding content. VOTE ON MOTION: The motion carried by a vote of 4-0. 7. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A MINOR RE -PLAT AT 1865 POST OAK PLACE; ON APPROXIMATELY 1.06 ACRES OF LAND FROM THE MEMUCAN HUNT SURVEY, GENERALLY KNOWN AS VAQUERO PHASE 2B RESIDENTIAL ADDITION, LOT 4R, BLOCK E. Town Manager Petty advised that this item was not considered by the Planning and Zoning Commission due to an incomplete plat and will be presented at a later date. 8. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING A ZONING CHANGE REQUEST TO A RESIDENTIAL PLANNED DEVELOPMENT WITH RELATED SITE PLAN FOR THE FOUR TRACTS OF LAND DESCRIBED AS FOLLOWS: 1) CHARLES M THROOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD, CURRENTLY ZONED OFFICE PARK; 2) CHARLES M THROOP, A 1510, Tr 11303 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD, CURRENTLY ZONED RESIDENTIAL -1 ACRE MINIMUM; 3) TW MANN, A 1107, Tr I133 & A 1510, Tr 1B1 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD, CURRENTLY ZONED RESIDENTIAL -1 ACRE MINIMUM; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7AOIA BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD, CURRENTLY ZONED RESIDENTIAL -1 ACRE MINIMUM. Mayor Bradley introduced the item. The applicant, Paul Spain, 2200 Estes Park Drive, Southlake, presented the zoning change request to the Board. He stated that the proposal includes 29, one -acre lots with a density of .53. Mayor Bradley opened the public hearing. Wendell Novak, 12337 Woodland Springs Drive, Keller, spoke in support of the zoning change request, as he feels the property currently zoned office space has no commercial value. Allen Heath, 5944 Stagecoach Circle, spoke in opposition to the proposed plan, as he does not support the amount of floodplain incorporated into a number of the lots. He added that he does feel there is a reasonable compromise. There being no others requesting to speak. Mayor Bradley closed the public hearing. Town of Westlake Board of Aldermen Regular Meeting July 9, 2007 Page 4of6 Discussion ensued with regard to lot size, the number of lots, the importance and value of a trail and park system, and concerns with regard to the floodplain. Following a lengthy discussion, Mr. Spain responded that the first request proposed seven (7) lots on the west side of the development, and he would be amenable to considering a change to the proposed plan. He also agreed to remove one lot from the plat, and to reposition all lots so that none encroach on the floodplain MOTION: Alderman Timmerman made a motion to adopt Ordinance No. 521, approving a zoning change request with the following conditions: 1) The preliminary and final plat will illustrate all floodplain within the development being dedicated to the Town as a separate lot, filed by separate instrument; 2) The preliminary and final plat will illustrate a maximum of seven (7) lots on the west side of the floodplain, each being a minimum of 43.560 square feet; and east of the floodplain there will be a maximum of 21 lots which will be at or near 40,000 square feet each; 3) The preliminary and final plat will illustrate a varying 20 foot rear yard setback allowance; and 4) The preliminary and final plat submittals will be accompanied by a final revised site plan. Alderman Redding seconded the motion. The motion carried by a vote of 4-0. 9. CONSIDER AN ORDINANCE APPROVING A PRELIMINARY PLAT FOR THE NEWLY ESTABLISHED PLANNED DEVELOPMENT DISTRICT #4 FOR THE RESIDENTIAL DEVELOPMENT KNOWN AS TIERRA BELLA, BEING APPROXIMATELY 54.77 ACRES OF LAND DESCRIBED AS THE FOLLOWING: 1) CHARLES M THROOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD; 2) CHARLES M THROOP, A 1510, Tr 1B03 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD; 3) TW MANN, A 1107, Tr 1 B3 & A 1510, Tr IBI BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7AOIA BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD. Based on the conditions regarding approval of the zoning case change (item 48), the applicant requested this item be tabled until a revised preliminary plat is available. MOTION: Alderman Steger made a motion to table consideration of this item at this time. Alderman Redding seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Board of Aldermen Regular Meeting July 9, 2007 Page 5 of 6 10. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE FOR AN AMENDMENT TO THE CONCEPT PLAN IN PLANNED DEVELOPMENT 1, OWNED BY MAGUIRE PARTNERS, IN THE WESTLAKE/SOUTHLAKE ADDITION NO. 1; LOT 1, BLOCK 1 ON APPROXIMATELY 7.42 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 114 AND SOLANA BOULEVARD. Town Manager Petty advised that this item has been voluntarily withdrawn by the applicant and no action is required. 11. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 07-34; NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Redding made a motion to approve Resolution No. 7-41, rescinding Resolution No. 07-34 as presented. Alderman Steger seconded the motion. The motion carried by a vote of 4-0. 12. CONSIDER A RESOLUTION AUTHORIZING THE CONVEYANCE OF A TWENTY -FOOT EASEMENT TO THE CITY OF FORT WORTH TO ACCOMMODATE NECESSARY WATER LINE RELOCATION DUE TO THE EXPANSION OF US HIGHWAY 377. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderwoman Gallagher made a motion to approve Resolution No. 7-42, authorizing the conveyance of a twenty -foot easement to the City of Fort Worth to accommodate necessary water line relocation due to the expansion of US Highway 377. Alderman Steger seconded the motion. The motion carried by a vote of 4-0. 13. CONSIDER A RESOLUTION ESTABLISHING THE EXPIRATION OF TERMS FOR ALL BOARD OF ALDERMEN APPOINTED BOARDS AND COMMISSIONS TO EXPIRE IN JUNE OF THE RESPECTIVE YEAR. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Redding made a motion to approve Resolution No. 7-43, establishing the expiration of terms for all Board of Aldermen appointed Boards and Commissions to expire on June 1 of the respective year. Alderwoman Gallagher seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Board of Aldermen Page 6 of 6 Regular Meeting July 9, 2007 14. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Board of Aldermen meeting held on June 25, 2007. B. Review and approve any outstanding bills. MOTION: Alderman Steger moved to approve the consent agenda as presented. Alderman Redding seconded the motion. The motion carried by a vote of 4- 0. 15. ADJOURNMENT. There being no further business. Mayor Bradley adjourned the meeting. The meeting adjourned at 8:55 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JULY 23, 2007. Scott Bradl y, Mayor v i - A' TFST: / K1fn Sutter, TRMC, Town Secretary