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HomeMy WebLinkAbout04-22-13 TC Min MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING April 22, 2013 PRESENT: Mayor Laura Wheat and Council Members, Clif Cox, Carol Langdon, David Levitan and Rick Rennhack. Council Member Barrett arrived at 5:10 p.m., and Council Member Letivan arrived at 5:14 p.m. ABSENT: OTHERS ESE T: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Cathy Cunningham, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Fire Chief Richard Whitten, Director of Public Works, Jarrod Greenwood, Communications & Community Affairs Director Ginger Awtry and Special Projects Intern, John Zagurski. Session Workshog 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:08 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT IL 22, 2013, TOWN COUNCIL REGULAR MEETING . Council Member Rennhack requested that item g of the consent agenda be voted on separately due to a conflict of interest. Town Council Minutes 04/22/13 Page 1 of 8 Director Greenwood provided an overview of the City of Roanoke`s street construction on Main Street and the portion of the street in Westlake. Director Greenwood also provided an overview of the West Nile agreement with Tarrant County and additional services that may procured regarding the trapping and transportation of samples. 4. REPORTS a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended March 31, 2013. S. DISCUSSION ITEMS a. Review and discussion of Westlake Academy Expansion Plans. Director Meyer provided a presentation and overview of the expansion. Mr. Mike Freeman, Steele Freeman, introduced his staff which would oversee the expansion project. Discussion ensued regarding the assumptions provided for the Granada subdivision and the use of portable buildings that will be used as flex space during the project. b. Discussion regarding the construction manager at-risk services establishing a guaranteed maximum price for the Phase One of the Westlake Academy campus expansion project. Mr. Mike Freeman, Steele and Freeman, provided an overview the construction manager at-risk process. c. Discussion of Emergency Preparedness; SA 12.2 Review Town and Academy SOPs and emergency plans to maintain readiness. Chief Whitten provided a presentation and overview regarding the process to implement emergency plans. d. Discussion regarding the proposed zoning and Land Use plan amendments. Town Manager Brymer provided an overview of the proposed ordinance and recommendations made by the Planning and Zoning Commission. Town Council Minutes 04/22/13 Page 2 of 8 Town Attorney Cunningham recommended using the State Property Code definition to define condominium. Discussion ensued regarding the minimum landscaping requirements, materials used for signature bridges, the Special Use Permit, Article II, Section 3 regarding the residential to non-residential development ratios, theaters, amphitheater, performing theaters, the use of a Special Event permit, conditional use permits, the amount of seating for an amphitheater, and the development in the Town of Flower Mound. Mayor Wheat asked to break from the workshop to read a proclamation recognizing Chief Whitten for his heroic efforts saving Mr. Tom Kolter's life. 6. EXECUTIVE SS The Council convened into executive session at 7:27 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 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:42 p.m. S. TAKE ANY ACTION, NEEDED, FROM EXECUTIVE SSI T S. Council did not take any action. 9. COUNCIL EC / STAFF DIRECTION Council did not provide additional direction. 10. ADJOURNMENT Mayor Wheat adjourned the workshop at 8:43 p.m. Town Council Minutes 04/22/13 Page 3 of 8 Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 8:43 p.m. 2. CITIZEN PRESENTATIONS EC I Mayor Wheat stated that item 2 would be conducted after the public hearings for items 4 and 5 of the agenda. Mayor Wheat read the proclamation regarding Public Service week. 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on March 25, 2013. b. Consider approval of the minutes from the meeting held on April 2, 2013. c. Consider approval of Resolution 1 -1 , Approving a Contract with Tarrant County for Election Services. d. Consider approval of Resolution 1 -1 , Entering into an Interlocal agreement to participate in Tarrant County's West (Vile Virus surveillance and response program. e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with Roanoke for the reconstruction of Main within the Town of Westlake town limits. f. Consider approval Resolution 1 -14, Authorizing Staff to enter into negotiations with Steele & Freeman, Inc. for construction manager at-risk services establishing a Guaranteed Maximum Price for the Phase I of the Westlake Academy campus expansion project. g. Consider approval of Resolution 1 -15, Awarding a bid to Humphrey & Associates for the installation of the underground power utilities to the temporary classroom buildings. h. Consider approval of Resolution 1 -1 , Authorizing the Town Manager to reject the bid from Mobile Modular for the purchase of three (3) temporary classroom buildings. Council Member Langdon made a motion to approve items a-f and item of the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. MOTION: Council Member Langdon made a motion to approve item of the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0-1. Council Member Rennhack abstained. Town Council Minutes 04/22/13 Page 4 of 8 4. PUBLIC HEARING AND T F ORDINANCE THE COMPREHENSIVE ""LAND USE A " SPECIFICALLY, C THE PLANNED USE OF THE PROPERTY LOCATE IN THE PD1-2 ZONING DISTRICT FROM OFFICE RETAIL USES TO MIXED-USE. Mayor Wheat opened the Public Hearing for items 4 and 5 of the agenda. Director Edwards provided a presentation and overview of the proposed zoning change. Stef Mauler, 1855 Broken Bend Drive, spoke in opposition of the proposed zoning change. She is concerned that this was being pushed through without residents input. She stated that she and other residents feel disenfranchised from the process and encouraged the Council to wait until after the election to make a decision. Scott Bradley, 1 Paigebrooke, spoke in opposition of the proposed zoning change. He read a prepared statement regarding the history of residential developments and amenities that were provided to the Town at no cost. Neal McNabnay, 1815 Broken Bend Drive, spoke in opposition of the proposed zoning change. He believes that the development should have an additional study completed regarding the residential component which would show the impact to residents' properties. He mentioned his concerns regarding the size of the amphitheater as discussed during the workshop session. Michael Crowe, 1604 Creekwood Court, spoke in opposition of the proposed zoning change. He stated his concerns regarding the questions that were asked today and the lack of clarity of the recommendations made by the Planning and Zoning Commission. He asked that the Council spend additional time to answer those questions before making a decision. Allan Werst, 4035 Aspen Lane, expressed his concerns regarding the zoning change as this change will forever change the Town of Westlake. He believes that by removing the residential component and more residents would support the change. MOTION: Council Member Langdon made a motion close the public hearing. Council Member Cox seconded the motion. The motion carried by a vote of 5-0. MOTION: Council Member Cox made a motion to approve Ordinance 702. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 04/22/13 Page 5 of 8 PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 703, AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS DISTRICT 1- ( 1- ) INCLUDING E T GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, T S,AND THE C C T PLAN FOR PD1-2 T ALLOW FOR A MIXED "'VILLAGE" PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.)TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. MOTION: Council Member Cox made a motion to approve Ordinance 703 with the following exceptions: Change 1 Adding language to Section 3.1.2 to read as follows: Second year of active development shall not exceed an additional sixty (60) units. Third year of active development shall not exceed an additional eighty (80) residential units. Year four of active development and subsequent will be based upon the 1500:1 ratio. Change 2 Revise the condominium definition to the State property code. "Condominium means a form of real property ownership that combines separate ownership of individual apartments or units with common ownership of other elements." Change 3 Remove Coliseum from the use table. Change 4 Amphitheater change to 3000 seats (subject to special events ordinance requirements for major events). Change 5 Remove County Club from the use table. Change 6 Exhibit 6 slide should read 1,800 square feet. Change 7 Remove the duplicate use of"Boat Slip". Change 8 Adding a theater greater than 6 screens requiring an SUP Council Member Langdon seconded the motion. Town Council Minutes 04/22/13 Page 6 of 8 Council Member Rennhack added that the Multi-purpose Event Center use would require an SUP. Council Member Cox and Langdon accepted the addition to the motion. The motion carried by a vote of 5-0. 6. EXECUTIVE E S The Council convened into executive session at 9:23 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 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 10:00 p.m. . TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION . MOTION: Council Member Barrett made a motion to approve Resolution 1 - 17, revising the agreement to require $10,000 per residential unit. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. FUTURE 9. ITEMS None STRATEGIC I S CALENDAR 11. COUNCIL CALENDAR Town Council Minutes 04/22/13 Page 7 of 8 120 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 10:04 p.m. APPROVED Y THE TOWN COUNCIL ON MAY 20, 2 ATTEST: La aWheat, Mayor KeO Edwa4ls, Town Secretary Town Council Minutes 04/22/13 Page 8 of 8