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HomeMy WebLinkAbout05-19-14 TC Min MINUTES OF THE TOWN OF WESTLAKE,TEXAS TOWN COUNCIL MEETING May 1 , 2014 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Alsea Belvedere, Carol Langdon, Rick Rennhack, and Wayne Stoltenberg. Michael Barrett arrived at 5:14 p.m. ABSENT: OTHERS ESE T: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant Town Manager Amanda DeGan, Town Attorney Cathy Cunningham, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Director of HR & Administrative Services Todd Wood, Fire Chief Richard Whitten, Direction of Communications &Community Affairs Ginger Awtry, Director of Information Technology Jason Power, and Susan McFarland, Communications Specialist, Shift Fire staff, Municipal Court staff, Finance staff and Public Works staff. Special Session 1. CALL TO ORDER Mayor Wheat called the special session to order at 5:03 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. ADMINISTER OATH F OFFICE TO NEWLY ELECTED OFFICIALS. Town Secretary Edwards administered the Oath of Office for Mayor Laura Wheat. Mayor Wheat administered the Oath of Office for Council Member Belvedere. Town Council Minutes 05/19/14 Page 1 of 11 Mayor Wheat recessed the meeting at 5:06 p.m., to convene the work session. Mayor Wheat reconvened the special meeting at 6:34 p.m. Mavor Wheat administered the Oath of Office for Council Member Barrett. 4. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the special session. MOTION: 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 6:35 p.m. Session Work 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:06 p.m. 2. REVIEW OF CONSENT AGE A ITEMS FOR THE MAY 19, 2014, T COUNCIL REGULAR MEETING AGENDA. Town Secretary Edwards stated that item d would need to be discussed and considered separately. 3. REPORTS a. Report regarding FM 1938 speed study conducted by TxDOT. Town Manager Brymer provided an overview of this item. 4. DISCUSSION ITEMS a. Presentation and Discussion of the Intended Results and Proposed Performance Measures for the Town of Westlake Tier One Strategy Map. Mrs. Gail Perry, Balanced Scorecard Institute, provided a presentation and overview of the Tier One Strategy Map. Town Council Minutes 05/19/14 Page 2 of 11 Objective owners then presented the proposed performance measures and the intended results for the outcome objectives. Town Manager Brymer presented the Increases CSS Satisfaction and Preserve Desirability &Quality of Life objectives. Mrs. Jaymi Ford presented the Increase Financial Capacity/Reserves and Increase Revenue Streams objectives. Director Awtry presented the Increase Transparency Accessibility and Communication objective. Assistant Town Manager DeGan presented the Encourage Westlake's Unique Sense of Place and Maximize Efficiencies & Effectiveness objectives. Director Wood presented the Attract, Recruit, Retain and Develop the Highest Quality Workforce objective. Director Meyer presented the Improve Technology, Facilities and Equipment objective. Director Edwards presented the Optimize Planning and Development Capabilities objective. Discussion ensued regarding measuring property values, a baseline for the proposed measures, public school options, academy measures, adding or reducing policies, retention measurements, and folding the Academy into the current strategy map. Mrs. Gail Perry completed the presentation providing an overview of the remaining steps to complete the strategy map. b. Discussion regarding Westlake Drought Contingency and Conservation Plans. Town Manager Brymer stated this would be moved to the June meeting for discussion. Mayor Wheat recessed the work session to reconvene the special session at 6:32 p.m. Mayor Wheat reconvened the work session at 6:36 p.m. c. Presentation and Discussion of Process to Date for the Entrada Proposed Public Improvement District Including Developer Presentation and Staff Presentations Related to the PID as well as PID Documents, Including, but not Limited to, the Proposed Construction and Funding Agreement (which includes the Service Town Council Minutes 05/19/14 Page 3 of 11 Assessment Plan), Proposed Landowner Agreement, Preliminary Official Statement, and the Proposed Bond Indenture Agreement. Town Manager Brymer provided an overview regarding the status of PID documents. He also stated that additional information may be presented at a subsequent meeting. d. Standing Item; Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. Director Meyer provided a presentation of the construction and overview of the proposed change order. e. Standing rte m; Update and discussion regarding the Granada and Entrada Developments including the Entrada Public Improvement District (PID). 5. EXECUTIVE SESSION The Council convened into executive session at 6:41 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 (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). Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada 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 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 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town Council Minutes 05/19/14 Page 4 of 11 6. RECONVENE MEETING Mayor Wheat reconvened the meeting at 7:28 p.m., to discuss item c. 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION TE _S. No action taken. 8. COUNCIL RECAP / STAFF DIRECTION Continue developing the Balanced Scorecard. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 7:31 p.m. Session Regular 1. CALL TO ORDER Mayor called the regular session to order at 7:31 p.m. . CITIZEN ESE T T S AND RECOGNITIONS Allan Werst, 4035 Aspen Lane, provided an overview of the Decoration Day activities which will be held on Monday, May 26, 2014, at the IOOF Westlake Cemetery. . CONSENT a. Consider approval of the minutes from the April 28, 2014, meeting. b. Consider approval of Resolution 1 -1 , Denying the Rate Increase Requested by Atmos Energy Corp., Mid-Tex Division under the Company's 2014 Annual Rate review mechanism filing. c. Consider approval of Ordinance 727, Amending the FY 2013-2014 Budget d. Consider approval of Resolution 14-2 , Amending the original guaranteed maximum price (GMP) of $8,542,930 to $8,624,030 ($81,100) with Steele & Freeman, Inc., for the Phase One of the Westlake Academy Campus Expansion Project and authorize the Town Manager to make funding changes via change order not to exceed $25,000 on this project. Town Council Minutes 05/19/14 Page 5 of 11 TI Council Member Langdon made a motion to approve items a-c of consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. Council Member Stoltenberq made a motion to approve, as discussed, item d amending the GMP of$8,542,930 to $8,715,254. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 4. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE. MOTION: Council Member Rennhack made a motion to elect Council Member Carol Langdon as Mayor Pro Tempore. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. S. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 728, AMENDING THE CODE OF ORDINANCES, CHAPTER 12, ARTICLE III, SCTI 12-61, LAN USE SCHEDULE. AMENDING THE LAND USE SCHEDULE UNDER THE PERMITTED USE ""TEMPORARY TC I G PLANTS" ALLOWING THIS USE IN ALL ZONING ISTRICTS SUBJECT TO RECEIVING APPROVAL OF A SPECIFIC USE PERMIT. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. Director Edwards provided an overview of the amendment to allow batch plants. Discussion ensued regarding previous allowances for other developments and location and the time frame the batch plant would be in the development. MOTION: Council Member Rennhack made a motion approve Ordinance 728. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 6. PUBLIC HEARING AND CONSIDERATION F ORDINANCE 729, AMENDING ORDINANCE 2 2 ( SAMENDED), THE P ZONING D A CE FOR PLANNED DEVELOPMENT DISTRICT 1, BY ADDING TO THE PERMITTED USE TABLE ""TEMPORARY CONCRETE ACH PLANTS" SUBJECT TO RECEIVING A APPROVAL F A SPECIFIC USE PERMIT. Discussion ensued regarding possible screening of the structure. Town Council Minutes 05/19/14 Page 6 of 11 Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion approve Ordinance 729. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 7. PUBLIC HEARING AND CONSIDERATION OF ORDINANC 730, AMENDING ORDINANCE 7 3, THE PD ZONING ORDINANCE FOR PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 ( 1-2), ENTRADA, BY ADDING TO THE PERMITTED S TABLE ""TEMPORARY CONCRETE TC PLANTS" SUBJECT T RECEIVING AN APPROVAL OF A SPECIFIC USE PERMIT. THE SUBJECT PROPERTY IS AN 85 ACRE (APPROX.) TRACT OF LAND LOCATED T THE SOUTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD, EXTENDING SOUTH TO DOVE ROAD. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion approve Ordinance 730. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. Town Attorney advised the Council to table this item due to the location being on the Northeast Corner. SECOND . Council Member Barrett made a motion table Ordinance 730. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. Town Attorney advised the Council to table this item until June 16, 2014, due to the location being on the Northeast Corner. THIRD TI . Council Member Barrett made a motion table Ordinance 730 until the meeting on June 16, 2014. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 05/19/14 Page 7 of 11 8. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 731, AMENDING ORDINANCE , THE PD ZONING I CE FOR PLANNED EV L T DISTRICT 1, PLANNING AREA 3 (P 1-3), BY ADDING TO THE PERMITTED USE TA .LE "TE P _ CONCRETE C LA TS" SUBJECT TO RECEIVING AN APPROVAL P VAL F A SPECIFIC USE PERMIT. THE SUBJECT PROPERTY IS AN 85 ACRE (APPROX.) T T OF LA LOCATED ATT THE SOUTHEAST C E OF FM 1935 (DAVIS BLVD) AND SOLANA BOULEVARD, E I G SOUTH TO DOVE Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. Council Member Langdon made a motion approve Ordinance 731. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 9. PUBLIC HEARING AND CONSIDERATION REGA I G A SPECIFIC USE PERMIT TO ALLOW THE PLACEMENT OF A TEMPORARY CONCRETE AT PLANT AT 2301 SOLANA BLVD. IN THE PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 3 ( 1-3) -GRANADA-. T E SUBJECT PROPERTY IS AN 85 ACRE (APP X.) TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER F FM 193 (DAVIS BLVD) AND SOLANA BOULEVARD, EXTENDING SOUTH TO DOVE ROAD. Director Edwards provided presentation showing a type generic batch plant. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. Discussion ensued regarding the reduction of truck traffic on the roads, traffic pattern for trucks, possible violations, and the amount of time the plant will be operational. MOTION: Council Member Belvedere made a motion approve Ordinance 732 with the conditions as follows: 1) No concrete shall be used for projects other than on-site improvements without specific approval from the town. On-site shall mean within the Granada Project and adjacent right-of-ways. 2) No dust shall leave the property. 3) Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday - Friday. 4) Noise must not exceed the decibel limits allowed by town ordinances. 5) The batch plant must be removed from the site within 90 days from the installation date. 6) Establishing the Town Council Minutes 05/19/14 Page 8 of 11 preferred route being State Highway 114 to Davis to Dove Road entrance of project. 7) Moving the plant further north away from Dove Road to a location to be approved by the Town Council. Council Member Stoltenberg seconded the motion. The motion _ carried by a vote of 5-0. 1 . PUBLIC HEARING AND CONSIDERATION REGARDI SPECIFIC USE PERMIT TO ALLOW THE PLACEMENT F A TEMPORARY CONCRETE BATC L T AT SAM SCHOOL ROAD IN THE PD-1 ZONING IST ICT. THE SUBJECT PROPERTY IS A TRACT OF LAND LOCATED SOUTH F THE GAS WELL PAD SITE ON SAM SCHOOL ROAD. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. Discussion ensued regarding MOTION: Council Member Langdon made a motion approve Ordinance 733 with the conditions as follows: 1) No concrete shall be used for projects other than on-site improvements without specific approval from the town. On-site shall mean within the Granada Project and adjacent right-of-ways. 2) No dust shall leave the property. 3) Hours of operations shall be limited to 8:00 AM - 5:00 PM, Monday — Friday. 4) Noise must not exceed the decibel limits allowed by town ordinances. 5) The batch plant must be removed from the site within 90 days from the installation date. 6) Establishing the preferred route being State Highway 114 to Solana to Sam School road. 7) Reclamation and re-vegetation of the site to Town standards after removal of the plant. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. 11. 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 551.087. 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 Town Council Minutes 05/19/14 Page 9 of 11 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). Maguire Partners- Solana Land, L.P., related to Centurion's development known as Entrada 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 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 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 12. RECONVENE MEETING 13. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SSSI ITEMS. 14. FUTURE AGENDA ITEMS A. No-Smoking Ordinance (Mayor Wheat) Mayor Wheat asked if the Council would consider discussion regarding a No Smoking ordinance. Council Member Langdon seconded this request. Town Manager Brymer recommended that the Council discuss this item during a work session to consider a committee or group of businesses to identify the issues that may affect businesses. B. Dog Park (Mayor Wheat) — no second Mayor Wheat asked if the Council would consider discussion regarding the creation of a Dog Park. This item did not receive a second. 15. COUNCIL C LE A Town Council Minutes 05/19/14 Page 10 of 11 16. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting_ M®TI®N: Council Member Belvedere made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 8:12 p.m. APPROVED YTHE T COUNCIL E 16, 2 . ' ATTEST: _ Laura Wheat, Mayor Kelly Edwar Town Secretary Town Council Minutes 05/19/14 Page 11 of 11