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HomeMy WebLinkAbout06-09-08 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEYAS BOARD OF ALDERMEN REGULAR MEETING June 9, 2008 PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan, Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: None. OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Finance Director Debbie Piper, DPS Director Don Wilson, Director of Planning and Development Eddie Edwards, Facilities and Recreation Director Troy Meyer, Director of Administrative Services and Human Resources Todd Wood, and Assistant to the Town Manager Ginger Aw~try. 1. CALL TO ORDER. Mayor Wheat called the meeting to order at 7:52 p.m. 2. PLEDGE OF ALLEGIANCE. Mayor Wheat led the pledge of allegiance to the United States flag. 3. CONSENT AGENDA. Mayor Wheat introduced the consent agenda and asked for a motion. A. RESOLUTION NO. 08-33 - Consider a Resolution authorizing the Town Manager to enter into an Interlocal Cooperation agreement with the Northeast Fire Department Association. B. RESOLUTION NO. 08-3~ - Consider a Resolution approving the opening of two new TexPool depository accounts to accommodate the Arts and Sciences Center project. C. Review and approve minutes of the Board of Aldermen and regular meeting held on Town of Westlake Board of Aldermen Regular Meeting June 9, 2008 May 19, 2008. Page 2 of 7 D. RESOLUTION NO. 08-35 - Consider a Resolution approving the addition of a 457 deferred compensation plan to the employee benefit package. E. Review and approve any outstanding bills. MOTION: Mayor Pro Tem Redding made a motion to approve the consent agenda as presented. Alderwoman Langdon seconded the motion. The motion carried by a vote of 5-0. -t. CITIZENS' PRESENTATIONS. There was no one present wishing to address the Board. >. CONSIDER A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF WESTLAKE, AIL INVESTMENT, L.P. (AIL) AND HILLWOOD ALLIANCE SERVICES, LLC (HAS) PERTAINING TO RESPONSIBILITIES AND FUNDING FOR CERTAIN ROADWAY IMPROVEMENTS/EXTENSIONS, ACCESS, BUFFERS, TRAIL IMPROVEMENTS, PLACEMENT OF ELECTRIC LINES UNDERGROUND, AS WELL AS FILING OF A REZONING APPLICATION FOR THE REMAINDER OF THE PD 3-3 ZONING DISTRICT. Town Manager Brymer introduced the item and reviewed. the proposed development agreement with the Board. The following individuals were present to address any questions from the Board: • Mr. Steve Silverstein, Director, Deloitte • Mr. Jon Eisele, Partner, Deloitte • Mr. Cary Moon, Deloitte • Mr. Bradley Selner, Executive Vice President, Staubach • Mr. Tommy Parrett, Executive Vice President, Staubach • Mr. Paul Martin, Attorney, Vinson and Elkins • Mr. Mike Berry, President, Hillwood Development • Mr. Russell Laughlin, Senior Vice President, Hillwood Development • Mr. Bill Burton, Senior Vice President, Hillwood Development • Mr. Joe Schneider, Vice President, Hillwood Development • Mr. Chad Key, Attorney, Kelly, Hart and Hallman, LLP Mr. Russell Laughlin, Hillwood Development, addressed the Board regarding the agreement and presented the following recommended revisions to the agreement: o Section 1 (The HAS Improvements), (B) -Westerly road construction and dedication -Strike EjTecli~~e Dute of 11~is Agi•eeme~N and replace with ...HAS Im~~roremenl Deadline (defined in Section I (A)). Town of Westlake Board of Aldermen Regular Meeting June 9, 2008 Page 3 of 7 c Section 1 (B) (2) (c} -Acceptance of Dedication of westerly road -Strike .. . proi~ided shat AIL or one of its arrliales. o Section 5 (B) -Change references to Dove Road to the Dove/Ottinger Road Section. o Section 5 (E) -Specific Town Obligations Related to the Dove/Ottinger Road Section (l)and (2): Change references from 60 days to 30 days. Alderman Corson asked for an explanation regarding developer participation with the Dove Road improvements. Mr. Laughlin advised that Hillwood /AIL has agreed to participate in the improvements alongs the frontages of Deloitte and Hillwood. Mr. Laughlin described the area as ~~~here Dove Road stops today (Fidelity's west property line) through the westerly property line of Deloitte, and improving the roadway to the Town's standards as described in the Master Thoroughfare Plan at the time of the improvements. Mr. Laughlin advised the Board that AIL's total obligation will be capped at $1.5 million. Alderman Corson asked if the Town Manager and Town Attorney feel the document, as presented, complies with the Board's discussion from the May 29, 2008, joint workshop. Town Manager Brymer and Town Attorney Lowry agreed that the agreement, as written, meets the intent of the Board as discussed at the May 29, 2008, joint workshop. Mayor Wheat inquired as to the two (2) year indeminification requirement (Section 2 General Requirements for the HAS Improvements (G)). Tov<~n Attorney Lowry responded that the indemnification language is consistent with other development agreements with the Town, and covers three general facets of indemnity or release: 1) general blanket indemnity; 2) design defects; and 3) release compenent of the developer expressly acknowledging that the Town is an approving agency whose role is to approve and release permits and not assume liability regarding any improvements. Town Attorney Lo~~ry reminded the Board that the agreement does not negate the Town's governmental imunity. Discussion ensued with regard to Section 5 (C) (4) regarding the Town's minimum trail width. Town Manager Brymer reviewed the major transaction points: - Westerly road improvements to Dove Road; - Town cannot require the road to be dedicated before seven (7) years; However, HAS can require that the road be dedicated before seven years, but the road must meet the Town's standards; - AIL's total obligation with regard to any improvements to Dove Road is capped at $1.5 million or SO% of the cost of the initial construction; Town of Westlake Board of Aldermen Regular Meeting June 9, 2008 Page 4 of 7 Town Manager Brymer advised the Board that staff recommends approval of the agreement with the four changes outlined by the Developer as well as the addition of adding the word minimrm7 prior to the eight (8) foot width for trails (Section 5 (C) (4)). MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08-36, approving the proposed development agreement with AIL Investment L.P. and Hillwood Alliance Services as recommended by the Town Manager. Alderman Brittan seconded the motion. The motion carried by a vote of 5-0. 6. CONTINUE A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12 (PD 3-12). Town Manager Brymer introduced the case. Mr. Brymer presented the Board a vicinity map and the proprosed concept plan and highlighted the key points related to the case. Mr. Russell Laughlin, Hill~~ood Development, addressed the Board regarding the proposed ordinance. Mr. Laughlin reviewed the following changes to the ordinance: o Ordinance caption -correct spelling of Acreage and add the word ...Related before retail uses. o Exhibit 1, Section 6.2 PD Development Plans: Supplements and PD Districts. o Section 11.1 Site Access to read as follows: - Section 11.1 The ingress/egress shall be from the north via private road extending from Westlake Parkway and from the West from an ingress/egress pout directly off of J.T. Ottinger Road (revised below). - Emergency access shall be permitted off of Dove Road. - All ingress/egress locations shall be shown on the final approved site plan. (modified at the applicant's request) "town Attorney Lowry suggested the following language for Section 1 1.1 (Site Access) Thc~ jn•imurv ir~gr•es•s/egr•ess• poir7t .for- guests cif the cor~ferer~ce and edrrcaliornrl cer~ter~ s7~all bey fi•urn the north tier pr•it~ate r•oud c~xtending.fi•un~ IJ'estluke Park-rcw. There Shull be crlloired u secondary entr,v pnini ~i•om the -resi .fc~r ingess/egress, inclvdirrg lrilhotri limilutron firr serrice crud em~~loyee access off~ofJ.T. Utiinger- Roud Discussion ensued with regard to vehicle traffic along J.T. Ottinger and Dove Roads. The Board discussed possible options for limiting truck traffic along J.T. Ottinger and Dove Roads. Mayor Wheat continued the public hearing. There being no one requesting to speak, Mayor Vv'heat closed the public hearing. ToH~n of Westlake Board of Aldermen Page 5 of 7 Regular Meeting June 9, 2008 Mayor Wheat read the proposed language regarding site access. MOTION: Alderman Corson made a motion to adopt Ordinance No. 591, as distributed to the Board at the meeting and including the addition of the proposed language regarding site access as recommended by the Town Attorney and read by the Mayor. Alderwoman Rollins seconded the motion. Alderman Corson asked if the proposed language regarding site access is legally enforceable. Town Attorney Lowry advised the Board that it is legally impossible for the Town to dictate some level of volume or use of a public roadway. Mr. Lowry added that the site plan must comport to the zoning ordinance, and added that the proposed language identifies the ingress/egress sites and provides minimal restrictions to the applicant when preparing the site plan. Alderman Corson expressed his concern with the proposed language as he feels that it could be read to infer that the Town is endorsing the use of J.T. Ottinger Road. Mr. Chad Key, Attorney, Kelly, Hart and Hallman, LLP, stated that the intent of the language is to provide clarity with regard to site access when the site plan is submitted. Following discussion, Aldern~an Corson suggested that the proposed language with regard to site access be revised as follows: - The primary ingress/egress point for guests of the conference and educational center shall be from the north via private road extending from Westlake Parkway. There shall be allowed a secondary entry point frown the west for ingess/egress, including without limitation for service and employee access ;,ffefJ.T n*,;.,,.o.. v^~a Town Attorney Lowry and the Applicant agreed to the change. AMENDED MOTION: Alderman Brittan moved to amend the motion to include the change as presented by Alderman Corson. Mayor Pro Tem Redding seconded the amended motion. The motion carried by a vote of 5-0. 7. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING THE FOLLOWING CASES: A) SITE PLAN; CASE NO. SP-08-O1 B) PRELIMINARY PLAT; CASE NO. PP-08-O1; Lots 1-6 C) FINAL PLAT; CASE NO. FP-08-O1; Lots 1-2 only ALL THREE APPLICATIONS LISTED ABOVE PERTAIN TO THE FOLLOWING TRACTS OF LAND: approximately 10.22 acres of land in the Planned Development 3- Planning Area l0 (PD 3-10) zoning district, being a tract of land situated in the William Town of Westlake Board of Aldermen Regular Meeting June 9, 2008 Page 6 of 7 Huff Survey, Abstract No. 648, Tarrant County, Texas, and being a portion of that tract of land conveyed to AIL InvesUnent, L.P., by deed recorded in Volume 13588, Page 189 and all of that tract of land conveyed to Hillwood Development Co. LLC (Tract 1) by deed recorded in County Clerk's Filing No. D205179108, both of Deed Records, Tarrant County, Texas; and, generally located at the Southwest corner of SH 377 and SH 170. Town Manager Brymer introduced the cases and reviewed the traffic access management and site design (materials, building design, architecture, and hard screening). Mr. Brymer added that the Landscape plan will comport with the Town's minimum requirements. Mayor Wheat opened the public hearings. There being no one wishing to speak, Mayor Wheat closed the public hearings and asked for a motion. Town Manager Brymer added that the Planning and Zoning Commission recommended approval of the case with the staff recommendations and requested a note be added to the plat advising that any future acceleration and/or deacceleration lanes would not be borne at the expense of the Town. Mr. Brymer added that the Chair of the Westlake Public Art Society has spoke with the developer regarding the integration of public art and the developer has agreed to integrate public art as part of the northwest corner development. MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08-37, approving a site plan SP 08-01, with the recommendations of the Planning and Zoning Commission. Alderman Corson seconded the motion. Alderman Corson asked To~~n Manager Brymer if all concerns from an architecture and design standpoint comport with the Town's requirements. Director of Planning and Development Edwards responded that the Planned Development zoning requires articulation on all four sides; however, during the site plan approval process, the Board can approve a variance to the Planned Development. VOTE ON 1~'IOTION: The motion carried by a vote of 5-0 (Resolution No. 08-37). MOTION: Alderman Redding made a motion to approve Resolution No. 08-38 and Resolution 08-39, approving a preliminary plat and final plat. Alderman Corson seconded the motion. The motion carried by a vote of 5-0. Town of Westlake Board of Aldermen Regular Meeting June 9, 2008 Page 7 of 7 8. CONSIDER A RESOLUTION APPOINTING MEMBERS TO THE ~VESTLAtiE ACADEMY FOUNDATION BOARD OF DIRECTORS. Town Manager Brymer introduced the item. MOTION: Alderwoman Langdon made a motion to approve Resolution 08--10, appointing Leah Rennhack, Karen Osborne, Deborah Zielger, Kelly Cox, and Colleen Hess to the Westlake Academy Foundation Board of Directors. Alderwoman Rollins seconded the motion. The motion carried by a vote of 5-0. 9. BOARD CALENDAR. Ma}~or Wheat revie~~-ed the Board calendar items: - School Board Training 6/10 - 6/1 1, 6 p.m. to 9:00 p.m. - Westlake Academy Foundation meeting - 6/12/08. 8:30 a.m. - Texas Student Housing Authority meeting - 6/17/08. x:30 p.m. - Celebrate Scott Bradley - 6/21/08, 3 p.m., Marriott Solana - Board of Aldermen Regular meeting - 6/23/08, 7 p.m. - Board of Trustee Special Workshop - 6/23; 08, time tbd - Strategic Planning Retreat - 6/27 and 6/28, Embassy Suites, Grapevine - Planning and Zoning Commission - 7/24/08, 6 p.m. - Texas Municipal League Newly Elected Off cials training • 7/25 - 7/26/08. Austin, 7:30 a.m. • 8/8 - 8/9/08, Austin, 7:30 a.m. 10. ADJOURNMENT. There being no further business, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Alderwoman Langdon made a motion to adjourn the meeting. Alderman Brittan seconded the motion. The motion carried by a vote of 5-0. Mayor Vdheat adjourned the meeting at 9:35 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JUNE 23, 2008. I~aUra Wheat, Mayor ATTEST: ~ ' , ~_ -_ Kim-Sutter, TRMC, Town Secretary