HomeMy WebLinkAbout02-25-19 TC Min THE‘111 .111W
TOWN OF
WESTLAKE
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
February 25, 2019
PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Michael Barrett, and
Greg Goble. Rick Rennhack arrived at 5:15
ABSENT: Alesa Belvedere
OTHERS PRESENT: Town Manager Amanda DeGan, Assistant to the Town Manager
Jarrod Greenwood, Town Secretary Kelly Edwards, Town Attorney
Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John
Ard, Building Official Pat Cooke, Development Coordinator Nick
Ford, Finance Director Debbie Piper, Director of Facilities & Parks
Troy Meyer, Director of Communications Ginger Awtry,
Communications Manager Jon Sasser, Director of Information
Technology Jason Power, and Director of Human Resources and
Administrative Services Todd Wood.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:11 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags.
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3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR
MEETING AGENDA.
No additional discussion.
4. DISCUSSION ITEMS
a. Presentation and discussion regarding a contract with N.G. Painting for repairs
and repainting the 685,000-gallon ground storage tank and amending the
adopted budget to provide funding.
Director Greenwood provided an overview of the item.
b. Presentation and discussion regarding the proposed amendment regarding
Smoking.
Director Greenwood provided an overview of the item with the revisions
discussed at the November meeting.
Discussion ensued regarding concerns for current businesses, proposed
ordinance restrictions, enforcement, neighboring cities' regulations, and the
possibility of phasing the ban.
c. Presentation and discussion regarding the Report of Quarterly Financial
Dashboard and Analysis as well as Capital Projects for the Quarter ended
December 31, 2018.
Town Manager DeGan and Directors Piper and Greenwood provided a
presentation and overview of the item.
Discussion ensued restricting the CIP unfunded needs, academy capital projects,
academy maintenance costs, conduit funds, the trail along Ottinger Road to
cemetery, and priorities of projects.
d. Presentation and discussion of our Legislative priorities for 2019 and any
progress or discussions had to date regarding the 86th Legislative Session.
Town Manager DeGan provided an overview of the item.
Discussion ensued regarding the"Property Cap Bill"SB & HB 2, including SB 657,
and SB 3.
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e. Standing Item: Presentation and discussion of development projects per Staff
report January 2019, including an Entrada report from the Developer and
projects in Planned Development PD 3-5.
Director Ruthven provided an overview of the following developments:
Entrada: retail corner stone, Starbucks location, gas well pad site including the
parking garage, residential buildings along the lakefront, reviewing of TxDOT
curb cut for possible utility conflicts, and funding for enhancements of the
TxDOT drive location.
Schwab: the estimated completion of Phase I, staging for Phase II, and opening
Phase I scheduled for fall 2019.
Knolls: grading of roadways, detention pond, and the installation of fencing
delineating the conservation area.
5. EXECUTIVE SESSION
Council convened to into executive session at 6:15 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:
Builder Recovery Services, LLC vs. Town of Westlake
b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real
property regarding the conservation area at The Knolls at Solana
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. 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:
- BRE Solana
e. 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 evaluation
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6. RECONVENE MEETING
i
Mayor Wheat reconvened the meeting at 7:36 p.m.
7. COUNCIL RECAP / STAFF DIRECTION
Review of the CIP items, bids for CIP items, and allocating money to the conduit funds.
8. ADJOURNMENT
Mayor Wheat adjourned the work session at 7:37 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the regular session to order at 7:37 p.m.
2. ITEMS OF COMMUNITY INTEREST
Director Awtry provided an overview of the upcoming events.
Town Manager DeGan reviewed options to move the first of the public hearing meetings
regarding property tax.
3. CITIZEN COMMENTS
David DeCovas, 2001 Holley Pkwy., Roanoke, spoke in opposition of the proposed
Smoking ordinance.
Anthony Ukperaj, 1149 Bandit Road, Keller, spoke in opposition of the proposed Smoking
ordinance and harm it poses his business in Westlake.
Neil McNaby, 1815 Broken Bend, would like to provide input regarding document
dedicating the conservation area.
4. CONSENT AGENDA
a. Consider approval of the minutes from the meeting on January 28, 2018.
b. Consider approval of Resolution 19-08, Authorizing the Town Manager to
execute an agreement with the State of Texas for furnishing, installing, operation
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and maintenance of traffic signal preemption equipment on state highway rights-
of-way.
c. Consider approval of Resolution 19-09, authorizing the Town Manager to
execute a contract with N.G. Painting for repairs and repainting of the 685,000-
gallon ground storage tank and amending the adopted budget to provide funding.
d. Consider approval of Resolution 19-10, Approving amendments to the Personnel
Manual.
e. Consider approval of Ordinance 880, Canceling the May 4, 2019, General
Election and declaring each unopposed candidate elected to office.
MOTION: Council Member Goble made a motion to approve the consent
agenda. Council Member Rennhack seconded the motion. The
motion carried by a vote of 4-0.
5. DISCUSSION AND CONSIDERATION OF ORDINANCE 877, AMENDING CHAPTER
46, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES,
PROHIBITING SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE
EXCEPT IN PRIVATE CLUBS.
Discussion ensued regarding the exemption of specific locations such as established
restaurants.
Attorney Lowry stated that an exemption should be to exempt a classification of possible
businesses.
MOTION: Council Member Rennhack made a motion to table Ordinance 877
to the meeting on March 25, 2019. Council Member Goble
seconded the motion. The motion carried by a vote of 4-0.
6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION 19-11,
A FINAL PLAT FOR A 4.986-ACRE PORTION OF LAND GENERALLY LOCATED
SOUTH OF HIGHWAY 114 AND EAST OF WESTLAKE PARKWAY, ALSO KNOWN
AS FIDELITY INVESTMENTS ADDITION PHASE IV.
Director Ruthven provided an overview of the item.
Mayor Wheat opened the public hearing.
No one addressed Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Langdon made a motion to approve Resolution
19-11. Council Member Barrett seconded the motion. The motion
carried by a vote of 4-0.
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7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 878,
AMENDING THE COMPREHENSIVE PLAN, ESTABLISHED BY ORDINANCE 747,
ADDING PROVISIONS FOR URBAN LIGHTING ZONES.
Director Ruthven and Mr. Robin McCaffery, Mesa Planning, provided a presentation and
overview of the item.
Discussion ensued regarding the proposed amendment and how current lighting would be
updated throughout the town.
Mayor Wheat opened the public hearing.
No one addressed Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Goble made a motion to approve Ordinance 878.
Council Member Langdon seconded the motion. The motion carried
by a vote of 4-0.
8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 879,
AMENDING CHAPTER 102, "ZONING"ARTICLE 6 "PERFORMANCE
STANDARDS", DIVISION 2 "OUTDOOR LIGHTING", SECTIONS 102-206
THROUGH 102-240 BY PROVIDING FOR NEW DEFINITIONS AND NEW
STANDARDS FOR OUTDOOR LIGHTING.
Director Ruthven provided an overview of the item.
Discussion ensued regarding percent of lighting that may be out of compliance with this
amendment and the current lighting of Fidelity's parking garage.
Mayor Wheat opened the public hearing.
No one addressed Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Langdon made a motion to approve Ordinance
879. Council Member Barrett seconded the motion. The motion
carried by a vote of 4-0.
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Pursuant to LCG 211.007(b) The Town Council may not take action, however discussion
may ensue, on Item 9 of the agenda until the Planning and Zoning Commission makes a
final recommendation. The Planning and Zoning Commission postponed this item during
the February 11, 2019, meeting until March 11, 2018.
9. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE
APPROVING A ZONING CHANGE REQUEST FROM R-5 COUNTRY RESIDENTIAL
TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN
APPROXIMATELY 37.8-ACRE PORTION OF LAND GENERALLY LOCATED EAST OF
PEARSON LANE AND SOUTH OF ASPEN LANE, TO INCLUDE PRIMARILY SINGLE
FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A
CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR
PRIVATE STREETS.
Town Manager DeGan stated there would be no presentation or overview of this item
since it was tabled by the Planning and Zoning Commission but the Mayor would open the
public hearing.
Mayor Wheat opened the public hearing.
No one addressed Council.
Mayor Wheat asked for a motion to continue the public hearing.
MOTION: Council Member Barrett made a motion to continue the public
hearing at the March 25, 2019, meeting. Council Member Rennhack
seconded the motion. The motion carried by a vote of 4-0.
10. EXECUTIVE SESSION
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:
Builder Recovery Services, LLC vs. Town of Westlake
b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real
property regarding the conservation area at The Knolls at Solana
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. 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
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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:
- BRE Solana
e. 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 evaluation
11. RECONVENE MEETING
12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
13. FUTURE AGENDA ITEMS
No additional discussion required.
14. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Goble made a motion to adjourn the meeting.
Council Member Rennhack seconded the motion. The motion
carried by a vote of 4-0.
Council Member Rennhack adjourned the meeting at 8:20 p.m.
APPROVED BY THE TOWN COUNCIL ON APRIL 22, 2019.
ATTEST: ! -e_,6T,
Laura Wheat, Mayor
QUQ
Kell Edwa , Town Secretary
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