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03-26-18 TC Min MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING March 26, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Carol Langdon, and Rick Rennhack. ABSENT: Wayne Stoltenberg OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Development Coordinator Nick Ford, Director of Finance Debbie Piper, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, and Management Intern Kirk McDaniel. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:09 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 Manager Brymer provided an overview item d of the consent agenda regarding the Atmos RRM. Town Council Minutes 03/26/18 Page 1 of 8 4. REPORTS a. Annual report from the Keller Police Department relative to police services and the racial profiling report for the Town of Westlake. 5. DISCUSSION ITEMS a. Presentation and discussion of the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2017. Mr. John DeBurro, Weaver and Tidwell, provided a presentation and overview of the report. Discussion ensued regarding revenue contributions, permit increases, the implementation of GASB 75, and providing a hotel occupancy tax trend during the budget process. b. Follow-up regarding the March 6, 2018, Entrada Development work session. Director Ruthven and Coordinator Ford provided and overview of the proposed amendments to Ordinance 703 as discussed during the work session. Discussion ensued regarding the commercial and residential structures, adding an exception or variation of the process requiring the developer to make a request on a case by case basis, EB 5 financing, review of permits and construction drawings, continuing to be proactive regarding the architecture, frontage roads along Highway 114, 35W Collation meeting attendance, residential structures along the canal, and the sales office. c. Discussion regarding the vacant Alternate seat on the Planning & Zoning Commission. Town Secretary Edwards provided an overview of the item. Council advised they would reach out to residents regarding the vacancy. Director Ruthven provided an overview of the requirements and time needed to serve on the Commission. d. Standing Item: Presentation and discussion of development projects per Staff report February 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Minutes 03/26/18 Page 2 of 8 Director Ruthven provided an overview of the development and proposed plats in Entrada. Project Blizzard/Charles Schwab: vertical construction underway; and Schwab Way is almost completed but does not connect to Trophy Club Way as this time. Traffic Signals: Solana Boulevard and Kirkwood Boulevard constructed but not operational. 6. 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: - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada - Project Connect 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 this chapter: Trophy Club Municipal District No. 1 d. Sec. 551.071. Consultation with Attorney (2) 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: Zoning and the Comprehensive Plan e. Sec. 551.071. Consultation with Attorney (2) 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: Waste (Trash) Ordinance Town Council Minutes 03/26/18 Page 3 of 8 f. 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 8. COUNCIL RECAP / STAFF DIRECTION - Prepare an amendment to Ordinance 703 as discussed during the work session. - Provide a Town representative at the 35W Collation meetings. - Meet with stakeholders to further discuss with TxDOT the frontage roads along Highway 114. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 6:28 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:34 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events including the International Leadership Symposium. 3. CITIZEN COMMENTS No one addressed the Council. Town Council Minutes 03/26/18 Page 4 of 8 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on February 26, 2018. b. Consider approval of the minutes from the meeting on March 6, 2018. c. Consider approval of Ordinance 848, Canceling the May 5, 2018, General Election. d. Consider approval of Ordinance 849, Approving a Tariff Authorizing an Annual Rate Review Mechanism C'RRM'� as a Substitution for the Annual Interim Rate Adjustment Process Defined by Section 104.301 of the Texas Utilities Code, and as Negotiated Between Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex"Or "Company's and the Steering Committee of Cities Served By Atmos; Requiring the Company to Reimburse Cities' Reasonable Ratemaking Expenses; Adopting a Savings Clause; Determining that this Ordinance was Passed in Accordance with the Requirements of the Open Meetings Act; Declaring an Effective Date; and Requiring Delivery of this Ordinance to the Company and Legal Counsel for the Steering Committee. e. Consider approval of Resolution 18-11, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2017. f. Consider approval of Ordinance 850, Amending Chapter 10 by reordering and adding an Article regarding a Special Event, enacting permit procedures, fees and regulations regarding Special Events within the town. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat stated that items 5 and 6 would be discussed together. S. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-12, APPROVING A REPLAT OF AN APPROXIMATELY 2.044-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 11 (PD 3-11), ESTABLISHED BY ORDINANCE 593 FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 170 AND US HIGHWAY 377, COMMONLY KNOWN AS WESTLAKE CORNERS NORTH SUBDIVISION. THE REPLAT SHOWS THE FIREBRAND ADDITION LOT 1, BLOCK 1. Development Coordinator Ford provided a presentation and overview of both items 5 and 6 of the agenda. Discussion ensued regarding current square footage, number of parking spaces, architecture, ingress and egress, landscaping, lighting and the logo. Mr. Stan Haddock, Spec's, spoke regarding the history of the logo. Town nil To n Cou c Minutes 03/26/18 Page 5 of 8 Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the joint public hearing. MOTION: Council Member Belvedere made a motion to approve Resolution 18-12. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-13, AMENDING A PLANNED DEVELOPMENT SITE PLAN OF AN APPROXIMATELY 2.044-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 11 (PD 3-11), ESTABLISHED BY ORDINANCE 593 FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 170 AND US HIGHWAY 377, COMMONLY KNOWN AS WESTLAKE CORNERS NORTH SUBDIVISION. THE PD SITE PLAN SHOWS AN ADDITION TO THE SPEC'S WINES, SPIRITS & FINER FOODS LOCATED MORE SPECIFICALLY AT 2431 US HIGHWAY 377. Development Coordinator Ford provided a presentation and overview of both items as stated above under item 5 of the agenda. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the joint public hearing. MOTION: Council Member Langdon made a motion to approve Resolution 18-13. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 7. EXECUTIVE SESSION The Council convened into executive session at 6:52 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 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 Town Council Minutes 03/26/18 Page 6of8 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 Connect 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 this chapter: Trophy Club Municipal District No. 1 d. Sec. 551.071. Consultation with Attorney (2) 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: Zoning and the Comprehensive Plan e. Sec. 551.071. Consultation with Attorney (2) 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: Waste (Trash) Ordinance f. 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 8. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:40 p.m. 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No necessary action. 10. FUTURE AGENDA ITEMS No additional discussion required. I i Town Council Minutes 03/26/18 Page 7of8 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:41 p.m. APPROVED BY THE TOWN COUNCIL ON APRIL 30, 2018. ATTEST: � /''/,��'�f� Laura Wheat, Mayor Kelly Edward own Secretary Town Council Minutes 03/26/18 Page 8of8