HomeMy WebLinkAbout02-25-13 TC Min MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
February , 2013
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Carol Langdon, David
Levitan and Rick Rennhack. Clif Cox arrived at 6:01 p.m.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Town Attorney
Stan Lowry, Finance Director Debbie Piper, Planning and
Development Director Eddie Edwards, Facilities and Recreation
Director Troy Meyer, Communications & Community Affairs
Director Ginger Awtry, Fire Chief Richard Whitten, Director of
Information Technology Jason Power, WA Administrative
Coordinator Ben Nibarger, and Primary Principal Rod Harding.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:07 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
e REVIEW OF CONSENT AGENDA T S FOR THE FEBRUARY 25, 2013, TOWN
COUNCIL G R MEETING AGENDA.
No additional discussion.
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4. T
a. Annual report from the Keller Police Department relative to police services for the
Town of Westlake.
Discussion ensued regarding the increase of Part I crimes, calls and stops.
5. DISCUSSION ITEMS
a. Overview of annual Comprehensive Annual Financial Report (CAFR) presented by
Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year
ended September 30, 2012.
Mr. Greg Shropshire, Pattillo, Brown & Hill, L.L.P., provided an overview of the
audit.
Discussion ensued regarding GASB 34 and account practices, inflow and outflow
of resources, and the State retirement system.
b. Presentation regarding Presentation and discussion on Utility Rate Study.
Public Works Director Greenwood provided a presentation and overview of the
rate study, the existing and proposed rates, and this item will be on the March
Council agenda for action. Director Greenwood also introduced Carolyn
Marshall , independent contractor that performed the work for the Town.
Discussion ensued regarding the annual increase, the calculation model used by
Trinity River Authority, winter-averages, cost of testing meters, and the number
of customers.
Mayor Wheat stated that items c and d would be discussed during the regular meeting.
c. Discussion of Zoning Change Application Z-10-01-12 (Westlake Vellecito) and
Zoning Change Application Z-10-02-12 (Granada).
d. Discussion of the Status and Overview of the Comprehensive Plan Update
Process.
. EXECUTIVE SESSION
The Council convened into executive session at 6:14 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
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a. Section 551.087: Deliberation Regarding Economic Development Negotiations —
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 Consultation with Attorney - 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: Town of Westlake Certificate of Convenience & Necessity (CCN) for
water and sewer service.
7. RECONVENE MEETING
Mayor Wheat reconvened the meeting at 7:34 p.m.
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
No action taken.
9. COUNCIL RECAP / STAFF DIRECTION
10. ADJOURNMENT
Mayor Wheat adjourned the workshop at 7:35 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the meeting to order at 7:35 p.m.
2. CITIZEN PRESENTATIONS C G S
No one addressed the Council.
. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on January 28, 2013.
b. Consider approval of the minutes from the Joint meeting held on February 4,
2013.
c. Consider approval of Resolution 13-04, Approving a Contract with Denton
County for the May 11, 2013, Election.
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d. Consider approval of Resolution 13-05, Accepting the Annual Comprehensive
Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P.,
Certified Public Accountants, for the fiscal year ended September 30, 2012.
e. Consider approval of Resolution 13- 6, Approving an Economic Development
Agreement Between the Town of Westlake and the Marriott Solana Hotel.
MOTION: Council Member Langdon made a motion to approve the consent
agenda. Council Member Barrett seconded the motion. The motion
carried by a vote of 5-0.
. CONSIDERATION OF RESOLUTI 13- 7, DIRECTING PUBLICATION
TICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION IN THE AMOUNT F $9.5 MILLION FOR
WESTLAKE ACADEMY EXPANSION AND A PORTION THE GROUND STORAGE
TANK PROJECT.
Finance Director Piper provided an overview of the notice of intent.
Mr. Tom Lawrence, Lawrence Financial Consulting L.L.C., provided an overview of the
combination tax and revenue certificates of obligation.
The Town Council will conduct a special meeting on April 2, 2013, at 6:30 p.m., to
consider approval of this item.
MOTION: Council Member Cox made a motion to table Resolution 1 -07.
Council Member Langdon seconded the motion. The motion carried
by a vote of 5-0.
5. CONTINUE THE PUBLIC HEARING AND CONSIDERATION ORDINANCE 690,
AMENDING THE COMPREHENSIVE PLAN ""LAND USE AP".
Mayor Wheat asked that they conduct the staff presentations and then the developer's
presentations for both items 5 and 7 of the agenda.
Development Director Edwards provided a presentation and overview of the
Comprehensive Plan amendment.
Town Manager Brymer provided a presentation and overview of the Zoning Change
amendment as proposed.
Development Director Edwards provided a summary of the changes made to the zoning
Ordinance 693.
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Discussion ensued regarding the Tree Preservation Ordinance, architectural review
committee, set-backs regarding the current commercial zoning requirements, discretion
regarding curb cuts, roadways, design standards, Town services impact analysis, and
taxable revenue.
Bobby Dollak, Engineer Consultants, Inc., provided a presentation and overview of the
proposed residential development.
Discussion ensued regarding the phases of the development, signage, peak hours of
traffic, and perimeter landscaping.
Mayor opened the public hearing for both items 5 and 6 of the agenda.
Larry Holden, 2211 Cedar Elm Terrace, spoke in favor of the proposed subdivision stating
he feels that the development will be beautiful and he does not believe commercial would
be suited for that area.
Gary Briggs, 2313 Cedar Elm Terrace, spoke in favor of the proposed subdivision stating
there is not a home built in Vaquero that does not have an exception to the design
guidelines.
Scott Simmons, 4325 Glenwood Avenue, Dallas, spoke in favor of the proposed
subdivision, stating that the developer has done a great job regarding the traffic flow off
of Dove Road but is concerned with some lot sizes and believes there is a better location
for the Fire Department's emergency access into the subdivision.
Scott Bradley, 1 Paigebrooke, spoke in opposition of the proposed subdivision asking
questions regarding the property and sales tax collection. He favors office park zoning.
Jim Carter, 1005 Road Runner Road, Bartonville, spoke in favor of the proposed
subdivision acknowledging that the property has been vacant for approximately thirty (30)
years.
Roland Arthur, 1755 West Dove Road, spoke in opposition of the proposed subdivision
stating his concerns regarding the buffer adjacent to his property.
BeAnn Arthur, 1755 West Dove Road, spoke in opposition of the proposed subdivision
stating that 20% of the home owners are in opposition of the development, and the need
for less homes in order to maintain the green space. (petition purportedly reflected
property ownership of 20% within 200 foot notification area that was in opposition of the
zoning request)
Terry Horton, 2201 Cedar Elm, spoke in favor of the proposed subdivision thanking the
staff and commission for their efforts to ensure the Town maintains is beauty.
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Andrew Kuster, 1803 Shady Grove Court, spoke in opposition of the proposed subdivision,
supporting the current office zoning and that he would like the lots and open space to be
increased.
James Orr, 2005 Brazos Court, stated he believes that a residential subdivision would fit
well with the current subdivisions and with the design guidelines it would make it
unreasonable to build a cheap home. He also commended the developer for adjusting the
development based on the recommendations of the community.
Bob Timmerman, 5925 Mahotea Boone Trail, stated his disappointed in the information
presented and that he does not believe this subdivision is on the same level as other
developments. Therefore, he is not in favor of the current development.
Mike Pacillio, 2209 Vaquero Estates Blvd., spoke in favor of the proposed subdivision
commending the staff for their efforts, believes we will be pleasantly surprised that the
homes will add value to the community, and the public will not know the number of
homes or square footage but we see the exterior of the subdivision.
Tommy Cunningham, 3700 Scenic Drive, Flower Mound, spoke in favor of the proposed
subdivision, feeling that it will provide an opportunity for others to move in to the
community, increasing Westlake student enrollment at the Academy, and appreciates that
the open space is available for public use.
Neil McNabnay, 1815 Broken Bend, stated he was surprised that there are several
Hillwood properties which allow for approximately 500 single family homes and wonders
why there has not been any additional discussions regarding the existing entitlements of
current property owners.
Mayor Wheat asked for a motion to close the public hearing for both items 5 and 7 of the
agenda.
TI Council Member Langdon made a motion to close the public
hearing. Council Member Levitan seconded the motion. The
motion carried by a vote of 5-0.
Mayor Wheat recessed the meeting at 9:28 p.m.
Mayor Wheat reconvened the meeting at 10:14 p.m.
Discussion regarding vested rights, set-backs, drainage, the distance of the property line
from FM 1938 to the proposed subdivision wall, the impact to the Academy, clarification of
the Vaquero design standards, and deed restrictions.
Mayor Wheat adjourned the meeting at 10:37 p.m., to convene into Executive Session
pursuant to Section 551.071 Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or other legal
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matters not related directly to litigation or settlement. Pending or contemplated litigation
and settlement offers include but are not limited to the following: regarding Item 7 of the
agenda.
Mayor Wheat reconvened the meeting at 10: 56 p.m.
No action taken from Executive Session.
MOTION: Council Member Cox made a motion to approve Ordinance 69
and Ordinance 693, amending the penalty fee from $500.00 to
$2,000.00 in Ordinance 693. Council Member Barrett seconded
the motion. The motion carried by a vote of 5-0.
The applicant has requested item #6 be pulled from the agenda for further discussion.
There will be no action taken on this item.
6. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 692
FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED SES AND
DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (P 1-2)
INCLUDING ELOP ENT GUIDELINES, DESIGN STANDARDS, ROADWAY
DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SINAG
STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR P 1-2
TO ALLOW FOR A MIXED USE`VILLAGE" PLANNED DEVELOPMENT ON AN 85
ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938
(DAVIS BLVD) AND SOLANA BOULEVARD.
Mayor Wheat opened the public hearing.
No one addressed the Council.
MOTION: Council Member Langdon made a motion to close the public
hearing. Council Member Levitan seconded the motion. The
motion carried by a vote of 5-0.
Town Manager Brymer stated that the developer would conduct design charrette meetings
allowing residents to discuss design ideas and uses for the proposed mixed use
development on the corner of Highway 114 and FM 1938 Davis Boulevard. The
developers meetings will be held at Town Hall.
No Action taken.
7. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 693,
FOR APPROVAL AN ORDINANCE AMENDING THE PERMITTED USES AND
DEVELOPMENT REGULATIONS OF PLANNING STRICT 1-3 (P -3)
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INCLUDING PE USE REGULATIONS A ESI E TIAL DEVELOPMENT
STANDARDS INCLUDING EIG T, LOT SIZE, BUILDING LINES, BUILDING
DESIGN, MINIMUM FLOOR AREA, LA SCAPI , DRAINAGE, CONCEPT PLAN,
AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A
SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.)
TRACT LOCATED AT THE NORTHEAST CORNER OF FM 193 (DAVIS BLVD) AND
DOVE ROAD.
MOTION: Listed under item 5 of the minutes.
8. DISCUSSION AND CONSIDERATION OF RSLUTI 13-08, APPROVING
ESTLAE ACADEMY CAMPUS DEVELOPMENT PLAN (PHASE I) ADDING A
CAFETORIUM,THREE-STORY SEC ARY CLASSROOM BUILDING, AND A
FIELDHOUSE.
Troy Meyer provided a presentation of the proposed development plan.
MOTION: Council Member Rennhack made a motion to approve Resolution
13- 8. Council Member Langdon seconded the motion. The
motion carried by a vote of 5-0.
. EXECUTIVE SESSION
The Council convened into executive session at 11:01 p.m.
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations —
to deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 Consultation with Attorney - 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: Town of Westlake Certificate of Convenience & Necessity (CCN) for
water and sewer service.
RECONVENE EETI
Mayor Wheat reconvened the meeting at 11:27 p.m.
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11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
Council Member Rennhack made a motion to approve Resolution
13-09, Approving an Economic Development Agreement with
Centurion, Inc. (Centurion) related to Centurion's Development
known as Granada. Council Member Levitan seconded the motion.
The motion carried by a vote of 5-0.
1 . FUTURE AGENDA S
- None
13. STRATEGIC ISSUES CALENDAR
14. COUNCIL CALENDAR
5. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Cox seconded the motion. The motion carried by
a vote of 5-0.
Mayor Wheat adjourned the meeting at 11:28 p.m.
APPROVED Y THE TOWN COUNCIL ON MARCH 2 , 2013.
ATTEST: X � i
Laura Wheat, Mayor
Kelly tdwaf ds, Town Secretary
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