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