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HomeMy WebLinkAbout09-24-07 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN SPECIAL MEETING September 24, 2007 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, April Gallagher, Don Redding, Pete Steger, and Bob Timmerman. ABSENT: None. OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry, and Town Secretary Kim Sutter. 1. CALL TO ORDER. Mayor Bradley called the meeting to order at 6:05 p.m. 2. CONSIDER AN ORDINANCE ANNEXING APPROXIMATELY 48.293 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R.CO. SURVEY, ABSTRACT NO. 923 AND J. BACON SURVEY ABSTRACT NO. 1565, AND GENERALLY LOCATED NORTHWEST OF STATE HIGHWAY 170 AT ITS INTERSECTION WITH OTTINGER ROAD. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Redding made a motion to adopt Ordinance No. 574, annexing approximately a 48.293 acre of land. Alderman Steger seconded the motion. Town Attorney Lowry explained the reason and process for the annexations. VOTE ON MOTION: The motion carried by a vote of 5-0. 0T Town of Westlake Board of Aldermen Special Meeting September 24, 2007 Page 2 of 2 3. CONSIDER AN ORDINANCE ANNEXING APPROXIMATELY 9.221 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R.CO. SURVEY, ABSTRACT NO. 923 AND J. BACON SURVEY ABSTRACT NO. 1565, AND GENERALLY BEING A PORTION OF THE RIGHT-OF-WAY OF STATE HIGHWAY 170 LOCATED AT THE INTERSECTION OF THAT HIGHWAY AND OTTINGER ROAD. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Steger made a motion to adopt Ordinance No. 575, annexing approximately a 9.221 acre tract of land. Alderman Timmerman seconded the motion. The motion carried by a vote of 5-0. 4. CONSIDER AN ORDINANCE ANNEXING 1.314 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R.CO. SURVEY, ABSTRACT NO. 923 AND J. BACON SURVEY ABSTRACT NO. 1565, AND GENERALLY LOCATED AT THE CORNER OF OTTINGER ROAD AND STATE HIGHWAY 170. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderwoman Gallagher made a motion to adopt Ordinance No. 576, annexing approximately a 1.314 acre tract of land. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. 5. ADJOURNMENT. There being no further business, Mayor Bradley adjourned the meeting. The meeting adjourned at 6:09 p.m. APPROVED BY THE BOARD OF ALDERMEN ON OCTOBER 22, 2007. Scott Bradley. Mayor J ATTEST-' Kim, utter. TRMC, Town Secretary Z MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN REGULAR MEETING September 24, 2007 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson. April Gallagher, Don Redding, Pete Steger, and Bob Timmerman. ABSENT: None. OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Finance Director Debbie Piper, DPS Director Don Wilson. and Human Resources Manager Todd Wood. 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 Alden -nen meeting at 7:04 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 gf'Roanoke i,. Town of Westlake, Cause No. 02 -01 -00290 -CV (Second Court gf'APPeals) ii. Town of Westlake v. City of Roanoke (Johnny's rizdomotiti,e tract), Cause No. 2003-20243-158 (138th 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 September 24, 2007 Page 2 of 8 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 7:05 p.m. The executive session adjourned at 7:15 p.m. 3. RECONVENE MEETING. The Board reconvened into regular session at 7:16 p.m. 4. EXECUTIVE SESSION ACTION. There was no action taken. 5. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. 6. PRESENT' PROCLAMATION IN RECOGNITION OF TEXAS CHAMBERS OF COMMERCE WEEK. Mayor Bradley read and presented a proclamation in recognition of Texas Chambers of Commerce week to Ms. Sally Michalak, President of the Northwest Metroport Chamber of Commerce„ Ms. Michalak expressed her appreciation to the Board. 7. HEAR A PRESENTATION BY MS. JOYCE GIBSON ROACH REGARDING THE TOWN OF WESTLAKE HISTORY BOOK. Ms. Joyce Roach began her presentation by expressing her appreciation to Town Secretary Kim Sutter for her assistance in preparing the PowerPoint presentation as well as offering assistance in preparing and gathering material for use in the history book. Ms. Roach, editor of the Westlake History book, then presented an update to the Board regarding the content of the history book. 8. CONDUCT A PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE REVISED BUDGET FOR THE TOWN OF WESTLAKE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007 AND ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008. 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. Town of Westlake Board of Aldermen Regular Meeting September 24, 2007 Page 3 of 8 MOTION: Alderman Corson moved to approve Resolution No. 07-61, adopting the Town's revised budget for the fiscal year ending September 30, 2007, and adopting the proposed budget for the fiscal year ending September 30, 2008. Alderman Redding seconded the motion. Alderman Corson questioned the increase of the amount for the secondary water source from $2 million to $6 million. Town Manager Petty explained that the total project is estimated to be $6 million and would be issued in three separate issuances of $2 million each, for a total of $6 million. Alderman Timmerman inquired as to when the Town would realize the revenue from the building permits related to the Fidelity expansion. Town Manager Petty responded that a portion of the revenue would be realized this year bort at Fidelity's request. the revenue will be collected when the permits are issued. Alderman Timmerman asked for an explanation of the $56.000 cost for engineering services. Town Manager Petty responded that the costs are associated with items that require an engineering review. VOTE ON MOTION: The motion carried by a vote of 5-.0 9. CONSIDER A RESOLUTION APPROVING THE PROPOSED FISCAL AND BUDGETARY POLICIES OF THE TOWN OF WESTLAKE. Town Manager Petty advised the Board that the Government Finance Officers Association (GFOA) certification request requires the submission of a formal, adopted financial policy. Mr. Petty further advised that the policies for consideration is a compilation of the Town's current policies in written form. MOTION: Alderwoman Gallagher moved to approve Resolution No. 07-62, as presented. Alderman Timmerman seconded the motion. The motion carried by a vote of 5-0. 10. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY RATIFYING, CONFIRMING, AND READOPTING PLANNED DEVELOPMENT DISTRICT NO. 3-9 CONSISTING OF APPROXIMATELY A 48.293 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R.CO. SURVEY, ABSTRACT NO. 923 AND J. BACON SURVEY, ABSTRACT NO. 1565; GENERALLY LOCATED NORTHWEST OF STATE HIGHWAY 170 AT ITS INTERSECTION WITH OTTINGER ROAD. Town of Westlake Board of Aldermen Page 4 of 8 Regular Meeting September 24, 2007 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: Alderman Steger moved to adopt Ordinance No. 577, amending the comprehensive zoning ordinance by ratifying, confirming and readopting planned development District No. 3-9, consisting of 48.293 acre tract of land as described. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. 11. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY RATIFYING, CONFIRMING, AND READOPTING PLANNED DEVELOPMENT DISTRICT NO. 3-5A CONSISTING OF APPROXIMATELY A 1.314 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R.CO. SURVEY, ABSTRACT NO. 923 AND J. BACON SURVEY ABSTRACT NO. 1565; GENERALLY LOCATED AT THE CORNER OF OTTINGER ROAD AND STATE HIGHWAY 170. 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: Alderman Redding moved to adopt Ordinance No. 578, rezoning 1.314 acres as described. Alderman Steger seconded the motion. The motion carried by a vote of 5-0. 12. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR OIL AND GAS SEISMIC TESTING TO BE PERFORMED IN THE PLANNED DEVELOPMENT 1, OWNED BY MAGUIRE PARTNERS-SOLANA LP, IN THE WESTLAKE/SOUTHLAKE ADDITION NO. 1; ON APPROXIMATELY 450 ACRES OF LAND OUT OF THE C.M. THROOP SURVEY, ABSTRACT NO. 1510, THE W. MEDLIN SURVEY, ABSTRACT NO. 1958, THE U.P. MARTIN SURVEY, ABSTRACT NO. 1015, THE J. B. MARTIN SURVEY, ABSTRACT NO. 1134 AND THE T. W. MANN SURVEY, ABSTRACT NO. 1107, DENTON AND TARRANT COUNTIES, TEXAS. 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: Alderman Redding moved to adopt Ordinance No. 579, granting a special use permit for seismic testing on property owned by Maguire Partners as Town of Westlake Board of Aldermen Page 5 of 8 Regular Meeting September 24, 2007 presented. Alderman Tin.merman seconded the motion. Mr. Tom Allen of Maguire Partners, and Mr. David Viscarde of TimeSlice Technology, Inc. were present to address questions of the Board. Discussion ensued with regard to distance requirements from buildings, notice to adjacent business owners and tenants, gas well drilling, and the need to review the Town's existing gas well drilling ordinance. Mr. Tom Allen advised the Board that Maguire Partners will use the information obtained from the testing as a planning tool. Mr. David Viscarde, TimeSlice Technology, Inc., advised the Board that testing is performed no closer than 300 feet from a structure, and the testing would be completed within seven days. Town Manager Petty advised that a workshop can be held in December to discuss changes to the current gas well drilling ordinance. Mr. Petty advised that changes to the ordinance could be considered by the Board at the second meeting in January 2008. Board discussion ensued with regard to enacting a moratorium on gas well drilling to allow the Board time to discuss the issues and draft a new ordinance. VOTE ON MOTION: The motion carried by a vote of 5-0. 13. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON 2252 KING FISHER DRIVE; VAQUERO PHASE 2; LOT 1, BLK B. 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: Alderman Steger moved to adopt Ordinance No. 580, granting a special use permit for a private water well at 2252 King Fisher Drive. Alderman Redding seconded the motion. The motion carried by a vote of 5-.0 Town of Westlake Board of Aldermen Regular Meeting September 24, 2007 Page 6 of 8 14. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A PRELIMINARY PLAT BEING APPROXIMATELY 3.648 ACRES OF LAND AT 1475 DOVE ROAD; DESCRIBED AS THE STANTON ADDITION; C.M. THROOP SURVEY, ABSTRACT NO. 1510, TRACT 5A & SAOIA, TARRANT COUNTY, TEXAS. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Redding moved to approve the application for a preliminary plat. Alderwoman Gallagher seconded the motion. Discussion ensued with regard to lot 3 on the east side of the property and more specifically the floodplain, floodway, and the variable drainage easement. Town Manager Petty advised that the Town Engineer will review the plat prior to the final to determine if the lot contains at least one acre completely out of the flood plain. Mayor Bradley recommended the Board consider tabling the case until all questions have been addressed. SECONDARY MOTION: Alderman Corson moved to table consideration of the item. Alderman Steger seconded the motion. The motion carried by a vote of 5-0. 15. CONSIDER A RESOLUTION APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF KELLER REGARDING POLICE SERVICES. Town Manager Petty introduced the item and introduced Keller Police Chief Mark Hafner. Chief Hafner addressed the Board regarding the agreement. Chief Hafner advised that due to a radio dispatch contract with the City of Southlake, Keller was able to decrease the contract amount. MOTION: Alderwoman Gallagher moved to approve Resolution No. 07-63, approving an amendment to the interlocal agreement with the City of Keller regarding police services. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. 16. HEAR STATUS REPORT ON CONSTRUCTION OF PROPOSED ARTS AND SCIENCE CENTER BUILDING. Mayor Bradley advised that a status report will be included on all Board agendas through November 6, 2007. Town of Westlake Board of Aldermen Regular Meeting September 24, 2007 Page 7 of 8 Town Manager Petty advised that the Town should have the construction costs by October 5, 2007. Mr. Petty also advised that a revised fact sheet has been prepared for review by the Board and will be discussed at the next workshop. Mayor Bradley advised that the next workshop will be held on October 8, 2007, to review the election fact sheet, and discuss the construction costs for the building. 17. CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 528 REVISING THE EARLY VOTING SCHEDULE FOR THE NOVEMBER 6, 2007, ELECTION. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Steger moved to adopt Ordinance No. 581, amending section 3 of the election order. Alderman Redding seconded the motion. The motion carried by a vote of 5-0. 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A SEPARATE ELECTION AGREEMENT WITH TARRANT COUNTY TO CONDUCT THE BOND ELECTION TO BE HELD ON NOVEMBER 6, 2007. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Timmerman moved to approve Resolution No. 07-64, as presented. Alderman Steger seconded the motion. The motion carried by a vote of 5-0. 19. CONSIDER AN ORDINANCE ESTABLISHING THE PRIMA FACIE SPEED LIMITS FOR UNITED STATES HIGHWAY 377 IN THE TOWN OF WESTLAKE. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Steger moved to adopt Ordinance No. 582, as presented. Alderman Timmerman seconded the motion. The motion carried by a vote of 5-0. 20. CONSIDER HIRING A CONSULTANT TO PERFORM EXIT INTERVIEWS WITH TOWN EMPLOYEES. Mayor Bradley advised that the Board of Trustees met separately regarding this item and agreed to receive proposals for evaluation and further action with respect to exit interviews with Westlake Academy families and personnel. It was the consensus of the Board of Aldermen to receive proposals for evaluation and further action with respect to the Town's employees. Town of Westlake Board of Aldermen Page 8 of 8 Regular Meeting September 24, 2007 21. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Board of Aldermen workshop and the regular Board of Aldermen meeting and special called meeting held on August 27, 2007. B. Review and approve minutes of the Board of Aldermen special called meeting held on September 8, 2007. C. Review and approve minutes of the Board of Aldermen workshop and the regular Board of Aldermen meeting held on September 10, 2007. D. Review and approve minutes of the Board of Aldermen workshop and the Board of Aldermen, Board of Trustees and Academy Foundation Joint Workshop held on September 17, 2007. E. Review and approve any outstanding bills. Mayor Bradley congratulated Town Secretary Sutter for her excellent work in preparing accurate and professionally prepared minutes of the meetings. MOTION: Alderman Redding moved to approve the consent agenda as presented. Alderwoman Gallagher seconded the motion. The motion carried by a vote of -0. 21. ADJOURNMENT. There being no further business, Mayor Bradley adjourned the meeting. The meeting adjourned at 9:09 p.m. APPROVED BY THE BOARD OF ALDERMEN ON OCTOBER 22, 2007. Ct4GL Z Scott�BrMayor Ma14 y, y J i ATTF-S - im, utter, TRMC. Town Secretary I•