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HomeMy WebLinkAbout10-28-13 TC Min MINUTES OF THE TOWN OF WESTLAKE,TEXAS TOWN COUNCIL MEETING October 28, 2013 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol Langdon, Wayne Stoltenberg and Rick Rennhack. 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, Assistant to the Town Manager Ben Nibarger, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Fire Chief Richard Whitten, Communications & Community Affairs Director Ginger Awtry, Public Works Director Jarrod Greenwood, and Information Technology Director Jason Power. Workshop i . CALL TO ORDER Mayor Wheat called the workshop to order at 5:19 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGE A ITEMS FOR THE OCTOBER 28, 2013, TOWN COUNCIL EGU ETING AGENDA. Town Manager Brymer provided an overview of Phase 3 regarding the landscaping plan for FM 1938. Discussion ensued regarding the contract guarantee and landscaping along the Granada subdivision. Town Council Minutes 10/28/13 Page 1 of 9 4® DISCUSSION ITEMS a. Discussion regarding an ordinance authorizing the issuance of general obligation refunding bonds; establishing procedures for the sale and delivery of the bonds; providing for the security for and payment of said bonds; providing an effective date; and enacting other provisions related to the subject to include`Delegated Pricing". Finance Director Piper, Mr. Lawrence, and Mr. Grawunder, provided an overview of the refunding and delegated pricing process. Discussion ensued regarding average interest rate. b. Presentation and discussion regarding the process to establish a Public Improvement District (PID) for the Entrada development and the petition submitted to establish. Town Manager Brymer provided an overview of the item. Mr. Matthew Challis, Jeffries L.L.C., and Mr. Kirk Wilson, T. Wilson &Associates, provided a presentation and overview of the PID process. Discussion ensued regarding the Town's involvement establishing the PID, collection methods, town and legal counsel expenditures, annual supplemental assessments, managing administrative costs, appraisals of the land including the improvements, reporting for bond disclosure, assessment billing by the County, the ownership of infrastructure and assets, the calculation process of the levy, and assessment disclosures provided to the property owners. Town Manager Brymer recommended that the Council serve as an advisory board to the Public Improvement District. He also stated that Staff would need to review the Special Assessment Plan (SAP) prior to moving forward to establish the PID. Additional discussion ensued regarding the collection of delinquent accounts, process to foreclose, and uses of the reserve funds. Mr. Trent Petty an overview of the process to foreclose and the uses of reserve funds, continuous special assessments, the use of the PID funds for public improvements, and the necessity of a PID to develop the property. Town Manager Brymer stated Staff should review and analyze the Service and Assessment Plan (SAP) and continue discussions during the November 11, 2013, work session. Town Council Minutes 10/28/13 Page 2 of 9 c. Standing.Item. Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. Director Meyer provided an overview and update of the project and student engagement on the project. d. Continued discussion, from the September 16, 2013 meeting, regarding appointments for Comprehensive Plan steering committee. No discussion. S. EXECUTIVE SESSION Council convened into executive session 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(2) 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: Westlake Academy Facility Expansion b. 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 is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) 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: Trophy Club Municipal District Number 1 d. Section 551.087: Deliberation Regarding Economic Development Negotiations — to deliberate the offer of a financial or other incentive to a business prospect. 6. RECONVENE 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Town Council Minutes 10/28/13 Page 3of9 8. COUNCIL CA / STAFF DIRECTION Staff review of the Service and Assessment Plan (SAP) proposed for the Entrada Public Improvement District (PID). . ADJOURNMENT Mayor Wheat adjourned the work session at 6:59 p.m. Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 7:33 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: Mayor Wheat read a proclamation recognizing November 4 - November 8, 2013, as Municipal Court Week and thanked the court staff for their service to the Town. 3. CONSENT AGE A a. Consider approval of the minutes from the September 9, 2013, meeting. b. Consider approval of the minutes from the September 16, 2013, meeting. c. Consider approval of the minutes from the October 7, 2013, meeting. d. Consider approval of Ordinance 716, Atmos Energy Corp., Mid-Tex Division regarding the company's 2013 Annual Rate Review Mechanism filing. e. Consider approval of Ordinance 717, Amending the Town of Westlake Code Of Ordinances, Chapter 38, Article II, Fire Prevention, Section 38-31; Adoption of the 2012 Fire Code. f. Consider approval of Resolution 1 - 9, Approving TxDot Change Order 3. g. Consider approval of Resolution 3- , Awarding the Bid to C. Green Scaping, LP for the FM 1938 Phase 3 Streetscape enhancement project. h. Consider approval of Resolution 13- 1, Appointments of Comprehensive Plan steering committee members. i. Consideration approval of Ordinance 715, Authorizing the issuance of general obligation refunding bonds; establishing procedures for the sale and delivery of the bonds; providing for the security for and payment of said bonds; providing an effective date; and enacting other provisions related to the subject to include "Delegated Pricing". Town Council Minutes 10/28/13 Page 4 of 9 MOTION: Council Member Stoltenberg made a motion to approve items -g and i consent agenda. Council Member Cox seconded the motion. The motion carried by a vote of 5-0. . PUBLIC HEARING AND CONSIDERATION EGA DING ORDINANCE 719 REZONING F -1 TOP 5, RUTH BAKER SURVEY—A 108 TRACTS 11 6 , 1C1B6F1, AND 1C01B6F. THE THREE (3) TRACTS CURRENTLY MAKE UP TWO LOTS IN THE STAGECOACH HILLS SUBDIVISION, COMMONLY KNOWN AS 5944 AND 5960 STAGECOACH CI CLE. Director Edwards provided an overview of the zoning request and provided a revised copy of the zoning ordinance. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. TION: Council Member Rennhack made a motion to approve Ordinance 719. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. S. PUBLIC HEARING AND CONSIDERATION REARDING ORDINANCE 720, ENDING THE ZONING BY APPROVING A DEVELOPMENT PLAN FOR PD1-2, KNOWN AS ENT DA, AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLA A BOULEVARD. Mr. Jeff Blackard provided a presentation and overview of the proposed development. Director Edwards provided an overview of the subsequent process prior to the approval of the proposed development plan. Town Manager Brymer provided a presentation and overview of the proposed Development Plan. Discussion ensued regarding the drainage, water storage for irrigation, and lighting requirements. Mayor Wheat opened the public hearing. No one addressed the Council. Town Council Minutes 10/28/13 Page 5 of 9 Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 720 including the conditions as recommended by the Planning and Zoning Commission. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. 6. LIC HEARING A D CONSIDERATION REGARDING RESOLUTION 13- 2, APPROVING A PRELIMINARY PLAT OF ALL LAND CONTAINED WITHIN THE PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (P 1-2) ZONING DISTRICT. THE SUBJECT PROPERTY IS AN 85 ACRE (APPROX.) TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND LA A BOULEVARD, EXTENDING O TH TO STATE HWY 114. Director Edwards provided a presentation and overview of the proposed preliminary plat. Discussion ensued regarding the maintenance of the infrastructure, and trash collection within the development. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Barrett made a motion to approve Resolution 1 - 32, including the conditions as recommended by the Planning and Zoning Commission. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 10/28/13 Page 6 of 9 7. PUBLIC HEARING AND CONSIDERATION EGA I G ORDINANCE 721, APPROVING A SITE PLAN FOR AN APPROXIMATELY 9/2 ACRE TRACT OF LAND CONTAINED IHI THE PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (P 1-2) ZONING DISTRICT. THE SUBJECT PROPERTY IS NOT PLATTED BUT IS THE SOUTHWESTERN MOST CORNER OF LOT 1, BLK A, OF THE ENTRADA SUBDIVISION, AS SHOWN N THE PRELIMINARY PLAT. Director Edwards provided a presentation and overview of the proposed site plan. Discussion ensued regarding the articulation of the proposed sale center, and the building set back from FM 1938 Davis Boulevard. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 721, including the conditions as recommended by the Planning and Zoning Commission, artist rendering, building articulation drawings, and Planning Engineer's recommendation. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. S. CONSIDER APPROVAL OF RESOLUTION 1 -33, REGARDING DEED ESTICTIONS, INCLUDING SIG GUIDELINES AS WELL AS DECLARATION OF COVENANTS, CON ITI S, AND RETRICONS FOR GRANADA, A RESIDENTIAL DEVELOPMENT Town Manager Brymer provided an overview of the item. Mr. Jack Dawson, Centurion American, provided an overview of the covenants, conditions and restrictions as proposed. Discussion ensued regarding the custom builders of the subdivision. MOTION: Council Member Cox made a motion to approve Resolution 3-33. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 10/28/13 Page 7 of 9 3. EXECUTIVE SESSION Council convened into executive session at 8:50 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(2) 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: Westlake Academy Facility Expansion b. 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 is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) 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: Trophy Club Municipal District Number 1 d. Section 551.087: Deliberation Regarding Economic Development Negotiations —to deliberate the offer of a financial or other incentive to a business prospect. 10. RECONVENE TING Mayor Wheat reconvened the meeting at 10:04 p.m. 11. TAKE ANY ACTION, IF NEEDED, FROM XECU SESSION ITEMS. MOTION: Council Member Stoltenberg made a motion to approve Resolution 1 - , Approving a Development Agreement with Maguire Partners, L.P. related to the Entrada development. Council Member Cox seconded the motion. The motion carried by a vote of 5-0. MOTION: Council Member Stoltenberg made a motion to approve item h of the consent agenda adding members Don Redding, Pete Sackleh, Allan Thompson, Laura Wheat, and Jeff Williams. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 1 . FUTURE AGENDA ITEMS - None Town Council Minutes 10/28/13 Page 8 of 9 1 . COUNCIL CALENDAR 14. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. TI Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 10:15 p.m. APPROVED THE TOWN COUNCIL ON NOVEMBER 11, 2013° / , Laura Wheat, Mayor Kelly tclwarcbs Town Secretary Town Council Minutes 10/28/13 Page 9 of 9