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HomeMy WebLinkAbout06-19-17 TC Min fir"•��~'�..,� • MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING June 19, 2017 PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, and Michael Barrett. Rick Rennhack arrived at 5:21 ABSENT: Wayne Stoltenberg OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Development Coordinator/ Management Analyst Joel Enders, Director of Finance Debbie Piper, Director of Communications Ginger Awtry, Keller Police Captain Tracy Talkington, and Development Coordinator Nick Ford. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:16 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Town Council Minutes 06/19/17 Page 1 of 8 No additional discussion. 4. DISCUSSION ITEMS a. Presentation and update regarding the Public Art Plan Implementation including the proposed Public Art Competition Advisory Committee. Town Manager Brymer provided an overview of the item. Mr. Robin McCaffery, Mesa Planning, and Mr. Russell Tether, Russell Tether Fine Art, provided an overview of the proposed committee. Each proposed committee member in attendance introduced themselves, Ms. Sue Canterbury, Ms. Chris Worley, Ms. Cheryl Vogel, and Mr. Barry Whistler. Discussion ensued regarding the opportunities for artists and creating the structure for the competition. b. Presentation and discussion regarding the options related to Project Blizzard/Charles Schwab roadway right-of-way and configuration including zoning and thoroughfare plan considerations. Director Ruthven provided an overview of the consent items h & i and explained the proposed difference of the roadway. Mr. Russell Laughlin, Hillwood Development, provided an overview and presentation of the Mixed-Use Development for Planned Development PD 3-5 north of the Charles Schwab campus. Discussion ensued regarding the proposed mixed-use area's design style, creating space that creates an indoor and outdoor environment, Phase One breaking ground in the next three years, percentage of lease space, mix of local and chain restaurants, objections to the deviation of the roadway, parking structure design, and storefronts. c. Presentation and discussion regarding the implementation of a construction deposit ordinance as well as requirements for construction site fencing, screening and cleanliness. Building Official Cooke provided an overview of the proposed ordinances. Mayor Wheat invited guests to comment on this item. The following people spoke in opposition of the proposed amendments: Mike Garabedian, PO Box 93984, Southlake Todd Handwerk, 2005 Karnes Drive, Keller Town Council Minutes 06/19/17 Page 2 of 8 Mr. Scott Simmons asked if the proposed ordinance would be in addition if required by the HOA. Discussion regarding the proposed ordinance addressing erosion control, using the Town's enforcement options, work stoppage, shutting down the jobs, issues that occurred in the Granada subdivision, encouraging the HOAs to adopt a deposit policy, and revising the deposit amount. d. Standing Item; Presentation and discussion of development projects per Staff May 2017 report, May 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an update regarding the following: Entrada — infrastructure completion, Phase II, status of the retail corner, maintaining the architecture design and the store protecting their brand. Fire Station - site plan approval scheduled for August. State Highways 114 & 170 - 3rd lane is open westbound on highway 114, streetscaping along highway 170 and Parish Lane, and the disregard for the traffic control devices closing off Dove Road during the construction. S. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: Town Council Minutes 06/19/17 Page 3of8 - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership C'WRA'), HW 2421 Land, LP, a Texas limited partnership C'HW2421'�, and Hillwood Alliance Services, LLC, a Texas limited liability company ("HAS' Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION - Staff and Attorney to amend the notice requirements for code violations, such as trash and debris, and utilizing the tools we have in place for 90 days before we move forward with an ordinance imposing a deposit. - Including the homeowner in the violation notices to the builder and bring the construction fencing requirements for residential and commercial in August. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 7:19 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 7:19 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events in August and the municipal office closures in July, due to moving. Town Council Minutes 06/19/17 Page 4 of 8 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on May 22, 2017. b. Consider approval of the minutes from the meeting on June 2, 2017. c. Consider approval of Resolution 17-22, Appointing and Reappointing Various Affiliate boards and Planning & Zoning Commission Members. d. Consider approval of Resolution 17-23, Ratifying Town Manager's execution of Amendment #1 to the Town Hall Lease Agreement. e. Consider approval of Resolution 17-24, Authorizing the Town Manager to execute a contract with SC Tracking for services related to Cross Connection Control Program Administration. f. Consider approval of Resolution 17-25, A Creating and Appointing a Public Ari Competition Advisory Committee Including the Charge to Said Committee. g. Consider approval of Resolution 17-26, Approving the Declaration of Covenants, Conditions and Restrictions and Establishment of Easements for Westlake Entrada. h. Consider approval of Resolution 17-27, Approving a Developer Agreement with CS Kinross Lake Parkway, LLC, related to the Charles Schwab Corporate Campus, Phase One. L Consider approval of Resolution 17-28, Approving a Master Roadway Construction Agreement with Westlake Retail Associates, Ltd., HW 2421 Land, LP, and Hillwood Alliance Services, LLC, related to the Phase One construction of Schwab Way. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Barrett seconded the motion. The motion carried by a vote of 4-0. S. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 829, REGARDING A ZONING CHANGE REQUEST FOR AN APPROXIMATELY 5.28-ACRE TRACT OF LAND LOCATED AT 2205 NORTH PEARSON LANE AND 2175 NORTH PEARSON LANE, GENERALLY SOUTH OF DOVE ROAD, EAST OF PEARSON LANE, AND NORTH OF ASPEN LANE. THE PROPERTY IS CURRENTLY ZONED R-5, COUNTRY RESIDENTIAL; PROPOSED ZONING IS R-2, RURAL RESIDENTIAL. Director Ruthven provided a presentation and overview of the item and the recommendation of denial. Mr. Bhatia, property owner, spoke in favor of the zoning change. Town Council Minutes 06/19/17 Page 5of8 Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 829. This motion died for a lack of a second. Additional discussion ensued regarding precedence, straight zoning in R-5, and any pressure to subdivide R-5 zoning. Attorney Cunningham provided an overview regarding any precedency issues. SECOND MOTION: Council Member Rennhack made a motion to approve Ordinance 829. Council Belvedere seconded the motion. The motion carried by a vote of 4-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 830, APPROVING AN AMENDMENT TO ORDINANCE 720, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), AN APPROXIMATELY 85-ACRE TRACT OF LAND LOCATED NORTH OF SOLANA BOULEVARD, EAST OF DAVIS BOULEVARD, AND SOUTH OF HIGHWAY 114. Director Ruthven provided a presentation and overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 830. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 7. EXECUTIVE SESSION The Council convened into executive session at 7:59 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Town Council Minutes 06/19/17 Page 6 of 8 Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab &Co., Inc. - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership C'WRA'�, HW 2421 Land, LP, a Texas limited partnership C'HW2421'�, and Hillwood Alliance Services, LLC, a Texas limited liability company ("HAS' - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 8. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:29 p.m. 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Langdon made a motion to approve Resolution 17-29, Approving an Economic Development Agreement with Vaquero. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 06/19/17 Page 7of8 10. FUTURE AGENDA ITEMS - Mayor Wheat, consider taking the necessary steps to make Westlake a smoke-free municipality. Council Member Langdon seconded this request to discuss this topic during a work session. 11. 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 Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:31 p.m. APPROVED BY THE TOWN COUNCIL ON AUGUST 28, 2017. ATTEST: Laura Wheat, Mayor 4�3�HL_n� Kelly Edwar s, Town Secretary Town Council Minutes 06/19/17 Page 8 of 8