Loading...
HomeMy WebLinkAbout07-09-07 TC Agenda } Town of 'Westlake Meeting Schedule July 9, 2007 7:00 p.m. Board of Aldermen Muting Civic Campus- Board Room; Ottin er Road location } TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING AGENDA JULY 9, 2007 WESTLAKE CIVIC CAMPUS - BOARD ROOM 2650 J. T. OTTINGER ROAD 7:00 P.M. 1. CALL TO ORDER. 2. 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. Town 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) 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. 3. RECONVENE MEETING. 4. EXECUTIVE SESSION ACTION. 5. CITIZENS' PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. 6. 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. 7. 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 1B03 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD, CURRENTLY ZONED RESIDENTIAL-1 ACRE MINIMUM; 3) TW MANN, A 1107, Tr 1113 & A 1510, Tr 1111 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 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD, CURRENTLY ZONED RESIDENTIAL-1 ACRE MINIMUM. 8. CONSIDER AN ORDINANCE 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 IB03 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD; 3) TW MANN, A 1107, Tr 1B3 & A 1510, Tr 1B1 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD. 9. 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. 10. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 07-34; NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION. 11. 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. 12 CONSIDER A RESOLUTION ESTABLISHING THE EXPIRATION OF TERMS FOR ALL BOARD OF ALDERMEN APPOINTED BOARDS AND COMMISSIONS TO EXPIRE IN JUNE OF THE RESPEC11VE YEAR 13. CONSENT AGENDA: All items listed below are considered routine by the Board of Aldermen and will be enacted with one motion. There will be no separate discussion of items unless a Board member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. A. Review and approve minutes of the Board of Aldermen meeting held on June 25, 2047. B. Review and approve any outstanding bills. 14. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle,and Westlake Civic Campus,2650 J.T. Ottinger Road, Westlake, Texas, on Friday, July 6, 2007, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. ITEM #6 Board of Aldermen Meeting July 9, 2007 Due to an incomplete Plat, the Planning and Zoning Commission tabled this cage to the July 26, 2007, Planning and Zoning Commission meeting. ITEM # 7 Board of Aldennen Meeting July 9, 2007 Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Subject: Regular meeting of July 9, 2007 Date: June 29, 2007 ITEM 1) Conduct a Public Hearing and consider an Ordinance regarding a zoning change request and related site plan for the following parcels of land: From R-1 Residential to PD—Planned Development residential district at: • 2650 Sam School Rd., being approximately .94 acre parcel described as Lot A 1510, Tr 1B03, Charles M. Throop Survey. 0 2698 Sam School Rd., being approximately .94 acre parcel described as Lot A 110 7 Tr 1B3 &A 1510 Tr 1B1, TW. Mann Survey. 0 1400 and 1440 Dove Rd., being approximately 37.32 acre parcels described as Lot A 1510 Tr 7A01, Charles M. Throop Survey. • West side of Sam School Rd., %2 mile north of Dove Rd. being approximately 1.88 acre parcel described as Lot 1510 Tr 1B2 & Lot 1107 Tr 1 B4, Charles M. Throop Survey. And from O—Office Park to PD—Planned Development residential district at: 1280 Dove Rd., being approximately 13.72 acre parcel described as Lot A 1510 Trs 7A2 & 7A5, Charles M. Throop Survey. 2) Consider an Ordinance regarding an application for a preliminga plat being g 4 77 acres, described as the following: 0 2650 Sam School Rd., being approximately .94 acre parcel described as Lot A 1510, Tr 1B03, Charles M. Throop Survey. • 2698 Sam School Rd., being approximately .94 acre parcel described as Lot A1107 Tr 1 B3 & A 1510 Tr 1 B 1, TW. Mann Survey. 0 1400 and 1440 Dove Rd., being approximately 37.32 acre parcels described as Lot A 1.510 Tr 7A01, Charles M. Throop Survey. • West side of Sam School Rd., 1/z mile north of Dove Rd. being approximately 1.88 acre parcel described as Lot 1510 Tr 1B2 & Lot 1107 Tr 1 B4, Charles M. Throop Survey. • 1280 Dove Rd., being approximately 13.72 acre parcel described as Lot A 1510 Trs 7A2 & 7A5, Charles M. Throop Survey. BACKGROUND Paul Spain has assembled five parcels of land in Westlake for which he is proposing a new residential development called Tierra Bella. The Planned Development would rezone four parcels comprised of approximately 41 acres currently zoned R-1 to PD and one parcel comprised of approximately 14 acres currently zoned O - Office Park to PD. The case was presented and denied by P&Z at their March 22 meeting. Following the denial and before going to the Board of Aldermen for consideration,the applicant revised the plan to reduce the number of lots to 29 lots from the original submittal. of 33 and increased the minimum lot size from 31,021 sf to 34,850 sf which the applicant presented justification as being the same minimum lot size as approved in Glenwyck Farms. The Board of Aldermen did not vote on the case, instead citing the changes the applicant made as being significant enough to remand the case back to P&Z. The case was then presented a 2nd time and again denied by P&Z on May 17, 2007. P&Z cited that several lots were still less than the 1 sere minimum lot size. The applicant again made revisions to the case and voluntarily removed the case from the June 11 th Aldermen agenda. The applicant has now altered the submittal to include a minimum lot size of 43,560 square feet in compliance with R-1 minimum lot size. The case must still be considered a PD submittal because of the 20 ft varying rear yard setback request. The R-I rear yard setback is 40 ft. In order to achieve the same number of lots as previously submitted, the applicant has enlarged 16 lots to include some flood plain. The Town will require that no fencing or improvements of any kind be placed in the floodplain and that the area will be a dedicated easement to the Town of Westlake for drainage purposes. In addition, the developer must include the statement prohibiting fencing and/or any improvement in the floodplain and a copy of the plat in each contract for sale for each lot sold in the subdivision. In addition, the developer must convey to the HOA and each lot owner that the town easement outside the fence will be maintained by the HOA. The new resulting residential PD would result in a new 54.77 acre subdivision comprised of 29 residential lots ranging in size from 43,560 sf. to 52,755 sf. Since the proposal is to create a residential PD,the applicant must define the design standards in the application. The following table illustrates a comparison of relevant standards in the proposed PD vs. the R-1 zoning standards. Applicant Request R-I Zoning Standard Minimum lot size 1.0 acre 1.0 acre Building Setbacks Front 40 ft. 40 ft. Side 20 ft. 20 ft. Rear 20 ft. varying 40 ft. Open Space *20.16 acres per open space plan Park Trails provided provided *Comprised of mainly floodplain which all residential subdivisions dedicate to the town in conformance with the Open Space and Trails master plan. The updated list of development standards as required in Sec. 102-266 (c) is attached. The Planning and Zoning Commission met on Thursday, June 28`h and approved the application on a vote of 4 to 1. PRELIMINARY PLAT COMMENTS In addition to the zone change request, the developer has submitted necessary applications and backup for his preliminary plat which are described in the subsequent backup. Approval of the zoning will be followed by consideration of the preliminary plat. Denial of zoning would result in the need to deny the preliminary plat application as well. Once zoned, the Tierra Bella project must adhere to all Town preliminary platting requirements upon submittal of a preliminary plat request by the applicant. The P&Z and Board of Aldermen do not have the ability to turn down a preliminary plat based on concerns about zoning, density or other zoning related considerations. Once zoning is established, the preliminary plat process is a procedural and mechanical one in which the applicant must satisfy all adopted town requirements associated with the preliminary plat. The Tierra Bella preliminary plat has also been reviewed by the Town Engineer and his comments are included below as well. The motion and vote from P&Z on the preliminary plat application should be to approve the preliminary plat with conditions as enumerated below. 1. All trails should be shown on the plat with appropriate minimum dimensions, 6' trails and sidewalk along Dove Rd to match Glenwyck Farms existing southern boundary sidewalk. 2. All drainage easements shown on the plat outside the 100 yr floodplain should be labeled and designated "private drainage easements" to be maintained by private property owners. 3. All drainage easements inside the 100 yr floodplain should be labeled and designated "drainage easement" to be maintained by the HOA. The final plat shall reflect "No fencing or improvements will be allowed inside the 100 yr floodplain. Residential Planned Development District- Land Use and Development Regulations for 7"rcl$et&(/ Variances This Residential Planned Development shall abide by all the conditions of the Town of Westlake Code of Ordinances Codified through Ord. No. 506 (supplement No. 7), as it pertains to the "R- l" Residential zoning district, Chapter 102 Zoning, Article IV, District Development Standards, Sec. 102-124,with the following exceptions: Rear Setbacks:The minimum rear setback of a lot shall not be less than twenty (20) feet, except where lots within the proposed development back up to other lots within the proposed development, in such case a thirty (30) foot minimum rear setback will be used. In standard R-1 zoning, forty (40) feet is the minimum. Additionally, where a portion of a lot extends into the flood plain, the minimum setback shall be either 20' or the flood plain line, whichever is greater. Proposed PD Development Standards Westlake R-1 Estate Tierra Bella Residential Proposed Residential P.D. Density 1.00 unit/acre 0.53 units/acre Lot Size 43,560 s.f. 43,560 s.f. Lot 125' lot width at 125' lot width at building line Dimensions building line Minimum Setbacks Front 40' 40' Rear 40' 20' Side 20' 20' Coverage City Standards Height 2.5 stories/35' 2.5 stories/35' Landscaping City Standards Lighting City Standards Three Project Identification Signs would be allowed at Signage twelve square feet each. Sign material to be cast stone, metal, or bronze. Sign located at each entry. Fencing will be 6' iron fence with masonry columns, 6' masonry& iron entry walls, 6' iron fence with masonry Fencing columns 40' O.C.,& 6' iron. See Concept& Site Plan for fencing locations. *Fences and Walls—No solid fencing shall be allowed unless made of stone and form an integral part of the entry features or signage. To provide continuity in the fencing, all side or rear fencing shall be made of matching iron per Exhibit"A". All fences and walls shall be six feet(6'0')in height, and shall be located in an area approved by the ACC. No fencing shall extend beyond the front building lines or side building lines adjacent to streets on comer Lots. Where the rear of a lot extends into the flood plain,a masonry column shall be built at the intersection of the side property line and the flood plain line,terminating side yard fencing. No fencing shall extend into the flood plain. EXHIBIT "A" CAP 114-25-112* APPLM S:W BOTH S7mE3 S t - 7'w4'-6 KLTAL POST Ilg 3/4':.7/4' PRCKEYS 16g i f 1-1/7xl-tJ2' HOM RA.I= 15, i 2' WL i FENCING DETAIL OF IRON L5 U ro to fu ro :3 O Do R � C'1 N -; Ln O V) Ln C) OQ C] C7 N o o �. O) rn O N in 0 C .-i Q? C) co C] kD C :3 d' '; r. 1.6 © Ln Ln r LM fn o c -n ° o + CJ u fa fz E n3 cn ►� C c fo rva� E a o �° N oN c 0 j ) Q ¢ c a a) E _' o, fQ Q ° c 0 .- (!1 � E m E 0 C o En O as O aN-+ vo) c � -m E •� C � o0 cn � a _ �o oat � a ra 0- E O u L; m m m m fu ro n ^ -o Ln ps N N Ln in C) O , �r=3 CD CN OR 0o Cn Ln oD C) 0 i C) Qti W C] © Ln 0 M co rV GC CL C7 � � o 0 � � o u On fp Ln �` E fv � � 41 N � vy 1] E a� L] + CI1 tQ � ro N U1 'C �, c E J >` U.) (/) fS7 cn E J a1 Ln 41 0 .0 C =3 ro a6 c m v a E rt� Q J J N O N U7 + 4L CU L- CL Q v c E r.� ° 4 in ¢ 'vi L fl E m E O N v +� < ow —i or U <> t -J w rZ 6'ban Fad WOM M&uvty cbk� (1"Kasorwy A Iran Enbv W:* Mfflany ctw—r�10 0 c F"Pion FWOjVwO --I Cpm/e—-NatLO-ai.OPM Sg- C&�-Md cfr Opm H.C&X'We Tr4M(6•d7y D� sa.SZ gold ftancw) TraW to be Md4mNod To Onmew adsum wm. HasordIv LokarnrK kra at ta*w Not= am P%IbL -FO)MV b&�ko is W ban 460 twwV Uld'An Road PLM OPM SOM MWCWM tV MCA A'. 0 7 OF A 7' US,13 7 ff 13 r Area SLnmary Z9 67 ac Sam Sdad M.." 703% 38SM crass PZFMQe 100.00% 54.77 ac sap Data GrM►c. 54.77— 0 S3 dww (API, Ld Summary us, Z9 fbs 4 '10 17 *+saw�a 5M --%b it -4- Las— -3360 O LU-D4ZOnkV &IMMv Z..V: R•I NO PMP0216 4w&q M Ap~ Bu+ldfn9-"bWkS TOM UM KVMrB4W,MC Scs W kw � �"w P .54ft IM Ffwd 46 as 5-wyv Tp 7fim Side 21r 19 �v�erer Near 21r- 4T ]UNE G? Zoning Case No.: SP-07-01 -A Residential P.D. Concent Site Plan Tied ral'B elia/ L 29 Lots - 54.77 Gross Ac. Westlake, Tarrant County, Texas TOWN OF WESTLAKE ORDINANCE NO. 521 AN ORDINANCE AMENDING THE TOWN OF WESTLAKE CODE OF ORDINANCES, SECTION 102-31 ZONING MAP, TO BE ATTACHED HERETO AS EXHIBIT A TO REFLECT A CHANGE OF ZONING FOR APPROXIMATELY 54.77 ACRES OF LAND, DESCRIBED AS THE FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1B4; A1510, Tr IB03; A1510 Tr 7A01 and A1510, Tr 7A01A; A1510, Tr 7A2 and A1510, Tr 7A5; AND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 181; PREVIOUSLY ZONED R-1. AND OFFICE PARK INTO ONE RESIDENTIAL PD AND RELATED SITE PLAN ATTACHED HERETO AS EXHIBIT B; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on September 15, 1997, based upon the recommendations of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code for the Town of Westlake (the "Town"); and WHEREAS, on September 22, 2002, based upon the recommendations of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas adopted Ordinance #406 amending the Zoning Ordinance and Official Zoning map; and WHEREAS, an analysis of the Town's codes and regulations has determined that amendments to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for quality low density residential development; and WHEREAS, the Board, at a public hearing called by the Board, did consider the following factors in making a determination as to whether the requested changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhoods, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, the effect on the transportation, water, sewerage, schools,parks and other facilities; and WHEREAS, the Board, at a public hearing called by the Board did consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion of the streets, the fire hazards, and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation,water, sewerage, schools,parks and other public facilities, and WHEREAS, the Board further considered among other things the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this town; and WHEREAS, the Board does find that there is a public necessity for the proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, schools, parks and other public requirements; and WHEREAS, the Town Board has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the condition; and therefore, feels that changes in the zoning ordinance are needed, are called for, and are in the best interest of the public at large, the citizens of the Town, and help promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: All matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending ARTICLE II. DISTRICTS AND MAPS, Section 102-31 Zoning Map, to read as follows: Sec. 102-31. Zoning map. (a) Designated; rezoning of property. Exhibit A to be attached to Ordinance No. 521 is hereby adopted as the Official Zoning Map of the Town of Westlake and shall be identified and maintained by the town in accordance with the provisions of this chapter, as amended from time to time. The Official Zoning Map incorporates the rezoning of properties in the town to conform with the Comprehensive Plan and this chapter. (b) Division of town. (1) The town is divided into eleven zones, or ,1istricts, as shown on the Official Zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this chapter. The zones, or districts, hereby established are and shall be known and cited as: Zoning Districts TABLE INSET: Abbreviated Designation Zoning District Name R-5 Country Residential R-2 Rural Residential R-1 Estate Residential R-0.5 Neighborhood Residential ME Multifamily Residential LR Local Retail O Office Park O-H Office Park--Hotel O-I Office--Industrial Park PD Planned Development District GU Governmental Use (2) The Official Zoning Map shall be identified by the signature of the mayor attested by the town secretary, under the following words: "This is to certify that this is the Official Zoning Map referred to in chapter 102, article II, of the Code of Ordinances of the Town of Westlake," together with the date of adoption of the Official Zoning Map. (3) When changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be enteral on the Official Zoning Map by the town secretary promptly after the amendment has been approved by the board of aldermen, and the change shall note the ordinance number and date that the change was approved. (4) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter. (5) The original reproducible tracing of the Official Zoning Map shall be located in the office of the town secretary in the town hall and shall be the final authority as to the current zoning status of land and water areas,building and other structures in the town. (6) The Board of Aldermen may by resolution adopt a new Official Zoning Map should the original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof The new Official Zoning Map shall be identified by the signature of the mayor attested by the town secretary, under the following words: "This is to certify that this Official .Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as a part of the Code of Ordinances of the Town of Westlake, Texas." (7) Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. (UDC 1994, art. III, § 1; Ord. No. 203, § 1, 11-16-1992; Ord.. No. 373, § 2, 8-14-2000; Ord.No. 426, § 2, 9-23-2002 ) SECTION 3: That the Site Plan attached hereto as Exhibit B be attached to this Ordinance and recorded in Appendix A of the Town of Westlake Code of Ordinances as an approved PD. SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 6: It shall be unlawfW for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not to exceed the maximum allowed by State law and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7: This Ordinance shall became effective upon its passage by the Board of Aldermen. PASSED AND APPROVED ON THIS 9th DAY OF JULY 2007. Scott Bradley, Mayor ATTEST: Kim Sutter, Town Secretary Trent O. Petty, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney ITEM #S Board of Aldermen Meeting July 9, 2007 This is a companion item to Item #7. Please refer to the Agenda Memo for Item # 7for information regarding this item. ORDINANCE NO. 522 is attached. TOWN OF WESTLAKE,TEXAS ORDINANCE NO. 522 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PRELIMINARY PLAT FOR THE NEWLY ESTABLISHED PLANNED DEVELOPMENT DISTRICT #4 ESTABLISHED BY ORDINANCE 521, 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 1B3 & A 1510, Tr 1131 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD; AND AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR A SAVINGS CLAUSE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Board of Aldermen of the Town of Westlake, Texas, does hereby approve a preliminary plat for the newly created PD 4 filed on .tune 7, 2007 by Terra Land Management Company, Inc., for the residential development known as Tierra Bella, located on 54.77 acres of land, west of Sam School Road and north of Dove Road and described as attached hereto as Exhibit A. SECTION 3: It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.30) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. PASSED AND APPROVED ON THIS 9" DAY OF JULY 2007. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary Trent Petty, Town Manager APPROVED AS TO FORM: Stan Lowry, Town Attorney - k- --�'- --- -----a---- ---_ --_-" __ — sue'' , Ut- -s E' {l'3 j§'l• $ 6iZ?`• le' "� .i sa saJ£ ? po£ ' �A + ±i £ 1Aj}'� �R9��{ ���i ���� * R ! � Igg` R 9 �� �2-,�°�F•� c: t ils_S . 1 �# ti + °I� �{y !�i �# 1�. f - • I s a 7 E�a 6 " iii ■ r1 + " ris J o" a i� 1 � +J R.r i, J�y JJ� � 51c'Yla•,v {{ OUIP I fit., Iit-A i Ilk ca z s +t.. • ; ITEM # 9 Board of Aldermen Meeting July 9, 2007 This case was voluntarily withdrawn from the June 28, 2007, Planning and Zoning Commission Meeting by the Applicant. The case is expected to be brought back for consideration at a later date. ITEM # 10 Board of Aldermen Meeting July 9, 2007 Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Subject: Regular Meeting of July 9, 2007 Date: July 3,2007 ITEM Consider a Resolution rescinding Resolution No. 07-34,Notice of Intent to issue Certificates of Obligation. BACKGROUND The Board of Aldermen approved Resolution No. 07-34 at the June 11, 2007, regular meeting. The notice was published on June 15, 2007, and June 22, 2007, for a July 23, 2007, authorization. At the June 25, 2007, the Board indicated the desire to consider a resolution rescinding the authorization for the issuance. FUNDING N/A TOWN OF WESTLAKE RESOLUTION NO. 07-41 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, RESCINDING RESOLUTION NO. 07-34; NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, The Board of Aldermen of the Town of Westlake, adopted Resolution No. 07-34 on June 10h 2007; and WHEREAS, The Board of Aldermen now desire to rescind Resolution No. 07- 34 in it's entirety to afford more time to study the details associated with issuing debt for the Westlake Public Arts and Science Facility. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS: Section 1: That the Board of Aldermen of the Town of Westlake do formally rescind Resolution No. 07-34. PASSED AND APPROVED ON THIS 9t' DAY OF JULY 2007. ATTEST: Scott Bradley, Mayor Kim Sutter, Town Secretary Tre�it O. Petty, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney ITEM # I I Board of Aldermen Meeting July 9, 2007 Torun of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Subject: Regular Meeting of July 9, 2007 Date: June 27,2007 ITEM Consider a Resolution authorizing the conveyance of a 20' easement to the city of Fort Worth to accommodate the necessary water lime relocation due to the expansion of US Highway 377. BACKGROUND Due to the expansion of US Hwy 377 (Denton Hwy.) from the existing two lanes to four lanes, Fort Worth has approached the Town of Westlake for conveyance of a 20' easement (see Exhibits A & B) across Town property at the pump station. In order to widen the roadway, certain utilities had to be relocated. The Town receives all of our potable water from the line that must be relocated. As a result, Westlake and Fort Worth personnel will have to coordinate the disconnection and reconnection of our tie-in so a disruption to our water supply does not occur. The Town has known about the need for the easement in advance of US 377 construction since April 2006. In negotiating the minimum easement necessary to accommodate the relocation, the Town along with Hillwood and Texas Health Resources were able to reduce the dedication from the original 30' down to the present 20' requirement. All three entities are donating these easements to the City of Fort Worth to accommodate this relocation. Soil and landscape disturbance will be returned to its original condition upon completion of the water line relocation. FUNDING No impact to the budget. TOWN OF WESTLAKE RESOLUTION NO. 07-42 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, 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. WHEREAS, the Town of Westlake desires to provide essential water resources for residential and commercial development; and WHEREAS, the City of Fort Worth owns and maintains a 21" water line in the ROW of US 377 that is the sole water supply to the Town of Westlake; and WHEREAS, the widening of US Highway 377 requires that the City of Fort Worth. relocate this major supply line through Westlake; and WHEREAS, the Board of Aldermen find that the dedication of a 20' easement is necessary to accommodate the relocation of this water line; and WHEREAS, the Board of Alderman finds that the passage of this Resolution is in the best interest of all citizens. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Board of Aldermen hereby approves the conveyance of a 20' water line easement, attached hereto as Exhibit A, to accommodate the widening of US 377 through the Town of Westlake; and further authorizes the Town Manager to execute the easement on behalf of the Town. PASSED AND APPROVED ON THIS 9' DAY OF JULY 2007. Scott Bradley, Mayor .ATTEST: Kim Sutter, TMRC, Town Secretary Trent Petty, Town Manager EXHIBIT "A' US Highway 377 Water Main Improvements Parcel # 4 Doe # 5241 Town of Westlake Lot-1, Blk- 1, Westlake Water Supply Addition STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT WATER FACILITY EASEMENT DATE: GRANTOR: The Town of Westlake GRANTOR'S MAILING ADDRESS (including County): 3 Village Circle, Suite 202 Westlake, Tarrant County, Texas 76262 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a Permanent Water Facility Easement on a tract of land situated in the William Huff Survey, Abstract Number 648 in the Town of Westlake, Tarrant County Texas and being a portion of Lot 1. Block 1 of the Westlake Water Supply Addition according to the plat recorded in Cabinet A, Slide 8429 (Document Number D203203384) of the Plat Records of Tarrant County, Texas: and being more particularly described in the attached Exhibits "A" and "B" Grantor, for the Consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee. its successors and assigns. an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Water Main Facility, hereafter referred to as "Facility". The Facility PERMANENT WATER FACILITY EASEMENT Rev.712006 includes all incidental underground and aboveground attachments, equipment and appurtenances, including. but not limited to manholes, manhole vents, lateral line connections, valves, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign. pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to maintain any existing concrete driveway or road on the Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed. relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The Town of Westlake GRANTEE: City of Fort Worth BY: Marc A. Ott, Assistant City Manager By (Printed) Title: APPROVED AS TO FORM AND LEGALITY Assistant City Attorney PERMANENT WATER FACILITY EASEMENT Rev.712006 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the same person whose name is subscribed to the for agoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 Notary Public in and for the State of Texas ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HANG AND SEAL OF OFFICE this day of 20 Notary Public in and for the State of Texas PERMANENT WATER FACILITY EASEMENT Rev 712406 )PH L_ and Surveying, Inc. 1858 East Keller Pan[x cam} Suite D,Xeller, Texas 76248 Tel: (817)431-4971 Fax: (866)290-4631 Exhibit"A" Waterline Easement Tract 4 Legal Description Being a tract of land situated in the William Huff Survey,Abstract Number 648 in the Town of Westlake, Tarrant County,Texas,said tract of land being a portion of Lot 1,Block 1 of the Westlake Water Supply Addition according to the plat recorded in Cabinet A,Slide 8429(Document Number D2 03 203 3 84)of the Plat Records of Tarrant County,Texas;said tract of land being more particularly described as follows: COMMENCING at a found 518 inch aluminum capped rebar stamped"TEXAS DEPARTMENT OF TRANSPORTATION"on the North line of said Lot 1,said found 518 inch aluminum capped rebar also being at the northeast corner of a parcel of land described in the deed to the State of Tetras recorded in Document Number D205190225 of said Deed Records;THENCE SOUTH 85 degrees 04 minutes 25 seconds EAST,along the North line of said Lot 1,a distance of 19.05 feet to the 1`012\7 OF BEGINNING; THENCE SOUTH 85 degrees 04 minutes 25 seconds EAST,along the North line of said Lot 1,a distance of 2124 feet to a point,from said point a found fence corner post at the northeast corner of said Lot 1,bears SOUTH 85 degrees 04 minutes 25 seconds EAST,a distance of 381.51 feet; THENCE SOUTH 24 degrees 33 minutes 57 seconds'A'EST,a distance of 224.38 feet to a point on the South line of said Lot 1,from said point,a found fence corner post,bears SOUTH 85 degrees 07 minutes 54 seconds EAST,a distance of457.38 feer, THENCE NORTH 85 degrees 07 minutes 54 seconds'ATST,along the South line of said Lot 1,a distance of 2124 feet to a point from said point,a found 5/8 inch alurinum capped rebar stamped"TEXAS DEPARTMENT OF TRANTSPORTATTON"at the southeast corner of said parcel of land described in the deed to the State of Texas,bears NORTH 85 degrees 07 minutes 54 seconds WEST,a distance of 16.01 feet; THENCE NORTH 24 degrees 33 minutes 57 seconds EAST,a distance of 224.40 feet to the POINT OF BEGINNING,containing 44bo snuare feet; The basis of bearings for these exhibits and their accompanying legal descriptions,is the East line of U.S. Highway 377 between PT Station 85°+04.79 approximately 450 feet North of Mount Gilead Road and PI Station 139+30 as shown on the Plans of Proposed Rigbt of R'av Probed US 377 Tarrant County From: 1.0 Mile South of Denton County Line,To:Keller-Hicks Road. See Sheets 07- 11. Stated bearing= S24°3128'`W �E OF rt S T E J{Wl P HOEBL HEtNR4CH Jon oebetheiru-ich Sq�g -+ Registered Professional '�Fo �`t Land SurveyorNo.5478 !t D SuR�Et°Q Date: June 27,2006 E:12m6d'�3P! :Qgif:R'�, Ersmax.Tti 4 Rni ,Ooc Exhibit "B" ^o a. N y 7.595:AIL Investment,L.P. Volume 13588,Page 189 Doc:umeut No,D198304929 ee DA-T.C.T. Cr] 19.04%Texas Health System Volume 13680,Page 528 Dowment No.D199048988 Keller-Haslet r D.R.T.CT. Mt Gilead p 73.37%AIL Investment,L.P. Volume 14320,Page 194 377 DoomLem No.D200090964 D 1t T.C.r. Vicinity Map-N'TS ~+-+ Fort Worth Mapsco Page 9T-9X C C ..+ � FOUND FENCE CORNER 21.24' Q 'X S85 004'25"E tL151' POST Point of Commencing FOUND 5/8 INCH ALUMINUM CAPPED REBAR STAMPED „TEXAS DEPARTMENT OF TRANSPORTATION" Lot 1,Block 1 M Westlake Water Supply Addition r•> Cabinet A,Slide 8429 Document No.No.D203203384 FOUND 518 INCH ALUMINUM vs D.R_T.C.T. CAPPED REBAR STAMPED "TEXAS DEPARTMENT OF The Town of Westlake TRANSPORTATION" Volume 15922,Page 20.W Document No.D202238787 44 D.R-T.C.T. ' FOUND State of Texas POST Document No.D205190225 oo RSA 3� D.R_T.C.T. h N 'N, Ni N FOUNT 518 INCH ALUMINUM O CAPPED REBAR STAMPED s�5 015a "TEXAS DEPARTMENT OF TRANSPORTATION" 7.59%ALL Investment,L.P, �' Volume 13588,Page 189 Exhibit[y kibit Showing Documeot No.D198304929 D.RT.C.T, 4,488 Square Feet 19.049,;Texas Health System Volume 13680,Page 528 out of Dontm®t R-T.C.99048988 Lot Block D.RT.C.T, 73.37e/,AII.lmresmaenr,L.P. t"z Volume 143:0,Page 194 o c Doa®cntNo.D200090964 2 § Westlake Water Supply Addition D.R.T.C.T. w Westlake, Tarrant County, Texas Sketch showing,to the best of my knowledge and belief,an accurate delineation of field survey and office computations performed by me or under my supervision. fi 'fP�pi�r FRFO9s s t N P FIOEBELHEINRICH �J. . oebelheinrichp ar= Registered IandSurveyort Professional o zs so too 8 l�4Q SL'R1E Tract FW DOE Project#5241 JPH Land Surveying, Inc. PROJECT cae:20C16.U4' 1858 East Keller Parkway,Suite D,Keller,Texas 76248 Tel: (817)431-4971 Fax: (86 2901#631 June 27,2006 ITEM # 12 Board of Aldermen Meeting July 9, 2007 Town of Westlake Merino To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Subject: Regular Meeting of July 9, 2007 Date: June 25, 2007 ITEM Consider a Resolution establishing the expiration of terms for all Board of Aldermen appointed boards and commissions to expire in the month of June of the respective year. BACKGROUND Currently, Board members' terms expire two or three years from the time of the original appointment / reappointment. In an attempt to effectively manage the appointment / reappointment process, it has been suggested that all terms be changed to expire in the month of June of each year. I have attached a copy of all Board and Commissions with terms for your review. All terms expiring in the year of 2007, will be considered for appointment/reappointment at the July 23, 2007, regular meeting. FUNDING N/A TOWN OF WESTLAKE RESOLUTION NO. 07-43 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ESTABLISHING THE EXPIRATION OF TERMS FOR ALL BOARD OF ALDERMEN APPOINTED BOARDS AND COMMISSIONS TO EXPIRE IN JUNE OF THE REESPECTIVE YEAR. WHEREAS, the Town of Westlake Board of Aldermen have established a number of volunteer boards over the years; and WHEREAS, traditionally, board and commission member terms have expired one,two or three years from the date of their original appointment or reappointment; and WHEREAS, in an effort to efficiently and effectively manage the board appointment/reappointment process, it is recommended that all terms expire in June of the respective years. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The Town of Westlake Board of Aldermen does hereby establish the term expirations of all Board of Aldermen appointed board and commission members as outlined in the attached Exhibit"A". SECTION 2: This Resolution is cumulative and supersedes any prior resolutions and shall take precedent over any conflicting provisions thereof. SECTION 3. This Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 9TH DA i OF JZJLY 2007. ATTEST: Scott Bradley, Mayor Kim Sutter, TRMC, Town Secretary Trent O. Petty, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney m s x ,, W N r- N m ` xn M1n M1i+ M1n x n nr, c000 wwmm xn m co co QQ OOQC� 9 c. oo o o Q n OQ UJ ooQ QO E w m a 0 4) m a� € 6 ii 6 6 6 C c c� E 6 c c c c c c c c c c c c c c m a1 N m > > > > a c c c c c H m m Z 2 m (A H W x x x S w w m m m m m W n n n -� c- n n (/} W Q W o w w w © Ea 0C 000 cro © ooaa oo rn © E 00000 © TTY a� va: a, d� a( (y � d� v W T66 "a >, 6 N N m m m m m m m m c c c c c c c c c c c m c c � m c m T a aa. ►- r- � > > > > > ►- > > > > � m HQ3m5n 2 D 60 C/) a U U U U 0 U w d U (r M v co .n Y Z m M1 Q M A ? Q r 0 0 (D M1 r Q 0 M n m 0 Q (17 N p m m (p �f] m co 0 0 (D - O O r CO N (n N M1 Q °QQY to J N Q C4 O 7 lD N 6) w N O I? OJ m 11') lD w w g M1 3 T O �O] Of n c r In Z v`a (" °n' rnv mnn rnM rM1irnmrn fl � rnc°> ti wn n - 0)M 04 W 0 nnMn qc" coq qN qq Mgvq � qq qrn cMmo, gq r nr- Lr4 rr nM1 o Q c°°�m �mm aoDno �Dm (nm mm ooaoco (o Co (ow dwwmmco LL � � a Z N v Z O nn ea 0 LL N N N N N N N N (4 N N C N N N N N N (V m N N N N N to (D W (8 w to (D (D (D (D (D m (D (D tp (D (D (D N Z to m((] c9 (O to Q m (a LO (ND co 0 co 4D c � (D (D� U N co N N N C14 C14 0 M1 n n n n n ` n M1 n n n n n n n f- V y (D n' @ n- � � � A V a X X X X X X i` X X X X ~ X X X X X X (Np X X X .5 X X X X X c E � � r � � nt- � � r � a � +- tN (? ww wwww y a7 ai ww €i; aiY wni ai 6 X ai a; L wwwww X X Y Y Y Y b Y m Y Y X ?� Y Y Y m Y Y 3L X Y m m ca m m N m m m m (_� - m m m m m m m m m m m m m mamamm m aim In (6 A° w � mmm � � a`° � 0 mmmmm U E E a E O u `o m m c m Q m aD a> o r d d a a c w d] U Q a m Q 0 i c m m E aa o . O L c c n 0 UO o° c c a mY _ 9 m m U U d E A U M m c5 o c� c M c _ n v `rm °' or`, � o � ac �a tn == tm 02- 04) LcLm $ m � am °'r In m x �q N m `� ? > -mi -mi Qm 42 IL C) (tea mom ,[ U g � ZUCnm A O N N �f Q u'1 O o b 9 N Q Q M N G a m N kl n a b 'm V� N N N Vim' C H Q O N N in If7 Q '� U? V N r Q r N 't) u�'S r C7 Q� u�'] IMA O (D O� Q Q U7 ° a N of m V Q m E C. E y C1 n c c E V C E o C c a m H E ° = a 0. E ° c m R m m 4 m °m o v I o a U �( m m a U E E F- c Q ® r� c c O c L c m W -0 m � � o � aaaoac d � Mo a @ � ° mmE fl wco c II o o a� a e ? a a m m U) } o t� m (n co v� m � c � � aia � cL cm = n(nJ c y n Ca EU = c d c E o Z a� c 9 W E c c� c� } (� r ! o c m t L) Y a c E .a (n m e b m2V) < 0 om° v � 0 » 00 > x t2 > ( > Y LVSYY > o � > F-W a2 � ¢(n 'a < Q = m Q e x r W °0 N h N to ul N M d CL a xOOO O1 01 CD CO Km com m co (7) 0) xwrr r-. (o K(D (p co m mm W 0 0 0 0 Lu O o 0 0 0 00 W d coo o W Q ¢ d 0 0 0 v m 0 m m to 6 E m to w a 6 m 6 a ti a) v c c c c c c c C c C C c c c C c c C C C C C C C C F F F > Z Z Z Z m m 2 E f_E?,g E w E E E E W m CL X � mwa x s rn u T T T T T T T W aO tD CO CD CD Q O W T }. T }� W Q p 0 CO 00 00 0 0 0 (q Etc oo © o E € ` 0 000 N v v v V L N N N }. m N 4 L I.L @ @ m m m m m m @ LL FOCaoo oo a'" 2 1° m F ocro ©. °° 0 as 'o o 0 o d o 0 o c w `c o o d 0 D z z Z W m ti N N '�V N N ` L UZ 'Z 7— ` ly N N C Q1 OD D U U U U H d L) Q Z R y@ m m T m O 0 0 m O m m tf -0 O m O a N m m O (D R Ow O m m N r sr (nN Q mm0 to wr m (D m J Amcor Rm ERO (q mLn Orr E cmm ER $ nm n Dm _ N O �- O 9(f d r +- N 61 Q! (n (n (Y1 3 m q 3 r y} O a-- ox to H Z M cn CN r LO Z w ai tb � v CD n Z m N t6 z (p d, C6 Cr d� 6� L @ M1 R Q Q CD R m m N to CO m (V m of m m m y co (D e r v -q CV M1 m N cr? mrr vrn cN �r LO r v N IT c tnM1Ir crrstrsM1mrs .T _ sr M1 r (M1 r r 1•- r Q1 r r I� r r M1 R N N R ti r- r O r m (D r W N dL m m m m w m Q m m c 40 a47 eo Co W d. <O m Co a m � Oo Ot} tp m LL B m O z Cl t Z 0D G �s a O W N N N N N N N U N " N N N N N N NCCI' N (D (D (D (D (c to N (D O @ (D to (D (D to to to p (o I- N N N N N N ® D T m N 0 Q N N Cl N N N Cl Cl O co M1 (rD (rD (rD ((DD to p x � N trD r E cM1D to trD (rD tD co M1 (rp R (M1D N xxxxxxtD F v DxF E x x x e xxxx � x (o F F F F F F r Y d L � r F = 'N to m m m Q? x U (D x@ y m m N 0 .m. m m m m ) @ x N m� F > C, r - s �tssC) see x .,x � sF C — c - to — O N (0 m N (6 L N N DUI N N (/1 T a L N @ N L N 47 N Yl @ N 01 (A Ul '-' M @ m y m @ m d 11 N N O D v@ O @ O@ 7 ?. } m m m a m y p 7 Y r mzx x W � � a (� L m o ® O R Q m ° y m ® m> E m m v o m E = o n X CD ti U rn d N M 0 y� L (/J � U } a N Oa O m U n m Q. °'U U n C -� mm m e p = mn Zm = a m mm Ec o ° .00 o o © m m m Q ° ° n Y a`u a o' m E E @ O n - $ N a o o � E m e tmi .2 a-mi U c E E : m E o N ° £ m -D > ✓ ?� 2 Y7 Y! m H a y� m c z m m (O @ N y 0 O to y m - O E c� m > � m` mL]ZC� mu_ � _ rv� � � c m o E a u- co m r � S - Zg L Y V-- NONnon � ow acco a ` crv � . O NoDCca � QaQ � � r v � 6 (DOti ct° � � y `r y U v m ,0 m co n n vn (rD m °o °m horn QN QN (D 41Q 'C74 U. to 2`C ap cG Ifi U 0 w A p In Q � � W C m c Z m m o N im N Q _y 0 a m - m G w a cv c � m In E .x E O C 7 c N � m s m Y m n t6 W U m m va m 4 a Y rn u� a'i nW �. E E c O c w p T c+� m N a m C U o m w U c T �, m (D N L m i s n i E ¢ Q c m E c li Id a m � J o a w w@ .c � Y m °' Co cn U a m € - ,rn m o` ai m E Z 11 Z p a E o c c m rAe E (� 3 o m n am w 6 c ° a� n E in E T t (0 m .w C7 v cr a: Fn IL cc010m1 � � � � � c7� 02 (nidY � L� > 0 m > � � ftm f9, �Um � ITEM # 1:3 A Board of Aldermen Meeting July 9, 2007 MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING June 25, 2007 PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, April Gallagher, Don Redding, and Bob Timmerman. ABSENT: Alderman Pete Steger OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, Finance Manager Debbie Piper, and Building Official Eddie Edwards. 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 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. Town 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 Disirict Court of Denton County, Texas) Town of Westlake Board of Aldermen Page 2 of S Regular Meeting .tune 25,2007 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 7:02 p.m. The executive session adjourned at 7:18 p.m. 3. RECONVENE MEETING. The Board reconvened into regular session at 7:19 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. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE SECOND ELECTION HELD ON JUNE 16, 2007, FOR THE ELECTION OF ONE ALDERMAN TO A TERM EXPIRING MAY 2009. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Timmerman made a motion to adopt Ordinance No. 526, canvassing the returns and declaring the results of the second election held on June 16, 2007, for the election of one Alderman to a term expiring May 2009. Alderman Redding seconded the motion. The motion carried by a vote of 4- 0. 7. ADMINISTER OATH OF OFFICE AND PRESENT CERTIFICATE OF ELECTION TO THE NEWLY ELECTED OFFICIAL,. Mayor Bradley introduced the item and asked Alderman Corson to come forward to take the oath of office. Town Secretary Kim Sutter administered the oath of office and presented the certificate of election to Alderman Larry Corson. 8. ELECT MAYOR PRO TEM. Mayor Bradley introduced the item and asked for a motion. Town of Westlake Board of Aldermen Page 3 of 5 Regular Meeting June 25,2007 MOTION: Alderwoman Gallagher made a motion to table the election of a Mayor Pro Tern until the.full board is present. Alderman Timmerman seconded the motion. The motion carried by a vote of 4-0. 9. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH MANHATTAN CONSTRUCTION COMPANY FOR PRECONSTRUCTION SERVICES OF THE WESTLAKE PERFORMING ARTS AND SCIENCE CENTER. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Timmerman made a motion to approve Resolution No. 07-38, approving a contract with Manhattan Construction Company for preconstruction services of the Westlake Performing Arts and Science Center. Alderwoman Gallagher seconded the motion. Alderman Redding asked if the progression is to have the Town fund the up front cost with the assumption that the $2.5 million from a proposed Certificate of Obligation issuance would be used to repay the fund. Town Manager Petty replied that the refunding ordinance passed by the Board (Ordinance No. 515, February 26, 2007) authorized the reimbursement of the cost. Alderman Corson expressed his concern with regard to the time table for the issuance of the Certificates of Obligation based on the need to identify a firm construction cost. He further stated that if the Board does not consider del;--ling the debt issuance, he feels the Board will be forced in a position, whether by referendum or by issuance, to make a decision before the final numbers are available. Discussion ensued regarding the desire of the Board to consider calling a bond election or to proceed with the Certificate of Obligation issuance. Mayor Bradley stated that he supports calling an election and allowing the voters the opportunity to decide. Alderman Corson stated that at the time of the election, building costs would be known as well as the status of fundraising by the Westlake Academy Foundation. Alderman Redding expressed his desire to receive a break down of the pledges received by the Foundation in the following categories: 1) how much funding is on hand; 2) the amount of funding available on demand; 3) mount of funding over time; and 4) in-kind contributions, as he feels the cash component is significant as it relates to what can be applied toward a contract. Alderman Timmerman stated that he does not feel the Board should move forward without knowing the total cost of the building. Town of Westlake Board of Aldermen Page 4 of 5 Regular Meeting June 25,2007 Alderman Redding recommended the Board direct the Town Manager to prepare a resolution to rescind the authorization to issue the Certificates of Obligation. Town Manager Petty recommended that, if it is the desire of the Board, the Board should consider a resolution at the next meeting to rescind the first notice of intent. Alderwoman Gallagher expressed her desire to have the Town send out information to all residents that would explain the project, the funding source, and the use of the facility in the event an election is ordered. Mayor Bradley stated that the Town can provide factual information only and any informational material will be reviewed by the Town Attorney prior to distribution. Alderman Corson asked if the contract containee a cancellation clause. Town Manager Petty responded that Manhattan Construction will only bill for the work performed. There being no further discussion.. Mayor Bradley called for the vote. VOTE ON MOTION: The motion carried by a vote of 4-0. 10. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH GIDEON TOAL FOR ARCHITECTURAL SERVICES OF THE WESTLAKE PERFORMING ARTS AND SCIENCE CENTER. Mayor Bradley introduced the item and asked for a motion. MOTION: Alderman Redding made a motion to approve Resolution No. 07-39, approving a contract with Gideon Toal for architectural services of the Westlake Performing Arts and Science Center. Alderman Corson seconded the motion. Alderman Timmerman expressed his desire to contain the cost associated with this project and requested that a message be conveyed to Mr. Michael Bennett to that regard. Town Manager Petty advised that value engineering is included as a part of Manhattan Construction's contract and Manhattan is expected to make recommendations that will reduce the overall cost of the project. VOTE ON MOTION: The motion carried by a vote of 4-0. Town of Westlake Board of Aldermen Page 5 of 5 Regular Meeting June 25,2007 11. CONSIDER A RESOLUTION APPROVING A CONTRACT WITH C & C ENGINEERING, INC. FOR PLANS REVIEW AND INSPECTION SERVICES RELATED TO THE FIDELITY PHASE 2 PROJECT. Town Manager Petty advised the Board that the proposed contract would result in a estimated savings of approximately $133,000 over the current contract. Mr. Petty commended Building Official Eddie Edwards for his efforts in negotiating a reduction in the fees. MOTION: Alderman Corson made a motion to approve Resolution No. 0740, approving a contract with C & C Engineering, Inc. to provide plans review and inspection services for the Fidelity Phase 2 Project. Alderman Redding seconded the motion. The motion carried by a vote of 4-0. 12. CONSENT AGENDA. Mayor Bradley introduced the item and asked for a motion. A. Review and approve minutes of the Board of Aldermen meeting and workshop held on June 11, 2007. B. Review and approve any outstanding bill. MOTION: Alderman Redding moved to approve the consent agenda as presented. Alderman Corson seconded the motion. The motion carried by a vote of 4-0. 13. ADJOURNMENT. There being no further business, Mayor Bradley adjourned the meeting. The meeting adjourned at 7:56 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JULY 9, 2007. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary ITEM # 13 B Board of Aldermen Meeting July 9, 2007 • TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN / BOARD OF TRUSTEES WORKSHOP AGENDA JULY , 2007 WESTLAKE CIVIC CAMPUS -BOARD ROOM 2650 J.T. OTTINGER ROAD 3:00 P.M. 1. CALL TO ORDER. 2. DISCUSS GOALS AND OBJECTIVES FOR THE TOWN. 3. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas and the Westlake Civic Campus, 2650 J.T. Ottinger Road, Westlake, Texas, on Friday, July 6, 2007, by 3:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN MEETING AGENDA JULY 9, 2007 WESTLAKE CIVIC CAMPUS - BOARD ROOM 2650 J. T. OTTINGER ROAD 7:00 P.M. 1. CALL TO ORDER. 2. 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. Town 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) 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. 3. RECONVENE MEETING. 4. EXECUTIVE SESSION ACTION. 5. CITIZENS' PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. 6. HEAR A PRESENTATION FROM THE BLACK COW STUDENT NEWSPAPER EDITOR AND CHIEF TAYLOR JOLISSAINT, AND CONSIDER A RESOLUTION AUTHORIZING THE BLACK COW STUDENT NEWSPAPER TO DISTRIBUTE ITS NEWSPAPER, FREE A CHARGE, TO ALL NON-STUDENT HOUSEHOLDS IN THE TOWN. 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. 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 1133 & A 1510, Tr 1131 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 7AO1A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD, CURRENTLY ZONED RESIDENTIAL-1 ACRE MINIMUM. 9. CONSIDER AN ORDINANCE 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 11303 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD; 3) TW MANN, A 1107, Tr 1133 & A 1510, Tr 1131 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7AO1A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD. 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 I ON APPROXIMATELY 7.42 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 114 AND SOLANA BOULEVARD. I1. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 07-34; NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION. 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. 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. 14. CONSENT AGENDA: All items listed below are considered routine by the Board of Aldermen and will be enacted with one motion. There will be no separate discussion of items unless a Board member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. A. Review and approve minutes of the Board of Aldermen meeting held on June 25, 2007. B. Review and approve any outstanding bills. 15. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, and Westlake Civic Campus, 2650 J.T. Ottinger Road, Westlake, Texas, on Friday, July 6, 2007, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you.