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HomeMy WebLinkAbout08-26-19 TC Min i T H E T 0 W H O F WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING August 26, 2019 PRESENT: Mayor Laura Wheat and Council Members Alesa Belvedere, Greg Goble, and Carol Langdon. Rick Rennhack arrived at 5:17 p.m. ABSENT: Michael Barrett OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Town Attorney Matt Butler, Fire Chief Richard Whitten, Deputy Chief John Ard, Finance Director Debbie Piper, Building Official Pat Cooke, Development Coordinator Nick Ford, Municipal Court Administrator Jeanie Roumell, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, Director of Human Resources and Administrative Services Todd Wood, and Keller Police Chief Mike Wilson. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:07 p.m. Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 08/26/19 Page Iof7 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Town Manager DeGan provided an overview of item h on the consent agenda. 3. DISCUSSION ITEMS a. Presentation and discussion from the Public Art Competition Advisory Committee regarding the committee's progress and site location. Public Art Committee members Mr. Robbin McCaffrey and Mr. Russell Tether provided a presentation and overview of the item. Discussion ensued regarding the work of art detracting from the art of the Fire Station, the selection process and committee artist recommendation, lighting, an overview of the four (4) finalists, and recommendation of location change to Solana Boulevard. Mayor Wheat moved to item 2 of the regular session to recognize Bara Church with a Proclamation, proclaiming September 13, 2019, Bara Church Day. Mayor Wheat then moved back to item b of discussion items. b. Presentation and discussion regarding the project summary of Fire-EMS Station No.i. Assistant Town Manager Greenwood provided a presentation and overview of the item. Discussion ensued regarding the project savings, fuel stations' canopies, additional landscaping, the public art allowance, and fuel station compliance. c. Presentation and discussion regarding the proposed amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. Assistant Town Manager Greenwood provided a presentation and overview of the item. Discussion ensued regarding cost of an air filtration system for a restaurant or bar area, the balance of residential and corporate stakeholders, prohibiting smoking by category, designating a time, an air current barrier, clarifying that only a restaurant with a bar could install an air filtration system, and only allowing smoking indoor with a filtration system. I Town Council Minutes 08/26/19 Page 2 of 7 d. Standing Item: Presentation and discussion of development projects per Staff Report June and July 2019, including an Entrada report from the Developer, projects in Planned Development PD 3-5, and development related legislation approved by the Texas Legislature at the 2019 86th Regular Legislative Session. Director Ruthven provided a presentation and overview of the item. Schwab: Phase I construction, driveways and parking, Schwab Way, and Phase II construction. Fidelity: New signage and landscaping installation. The Knolls: Retaining wall, paving and utilities, landscaping, CCR's and Design Guidelines, and amending the definition of the conservation area regarding the Declarant. Entrada: Plaza Mayor, the gas well pad site, first residents, and frontage road from Davis Boulevard to Solana Boulevard should begin next summer. Construction: Davis Boulevard into Southlake and the speed for which the road was constructed. Director Ruthven provided an overview of HB 2439 - regarding the regulation of building materials and HB 3167 - regarding 30 day approval of plats, plans, specific conditions, and that the new legislation does not affect updating the new Building Codes. 4. 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 (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 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: Front 44 - The Knolls Town Council Minutes 08/26/19 Page 3 of 7 S. RECONVENE MEETING 6. COUNCIL RECAP / STAFF DIRECTION - Strategizing with Town Staff to market the public art. - Recognition of Mrs. Lee and the Public Art artist. - Review the Smoking ordinance, clarifying that only a restaurant with a bar could install an air filtration system, include language that the ordinance would be reviewed once a year, and no smoking on the patios of restaurants. 7. ADJOURNMENT Mayor Wheat adjourned the work session at 7:07 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 7:25 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events. 3. CITIZEN COMMENTS Neil McNabnay, 1815 Broken Bend, Westlake, spoke regarding The Knolls CCRs and the definition of the Conservation Area and rights. Director Ruthven provided an overview of the definition of the Conservation Area in The Knoll's CCRs. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on June 17, 2019. b. Consider approval of the minutes from the meeting on August 7, 2019. c. Consider approval of Resolution 19-19, repealing Resolution 17-39 and adopting a Resolution updating the Facility Use Guidelines and Policies to include new procedures and rental spaces. d. Consider approval of Ordinance 887, Amending Chapter 78 Streets, Sidewalks and Other Public Places, Article III Town Owned Cemeteries, Section 78-60 Town Council Minutes 08/26/19 Page 4 of 7 I.O.O.F. Westlake Cemetery; Changing the name of the I.O.O.F. Cemetery to the Westlake I.O.O.F. Cemetery. e. Consider approval of Ordinance 888, Amending Chapter 18, Buildings and Building Regulations Article II, Codes, Sections 18-31 through Sections 18-60. f. Consider approval of Resolution 19-23, Approving the declaration of Covenants, Conditions, and Restrictions and Design Guidelines for the Knolls at Solana. g. Consider approval of Resolution 19-24, Adopting the 2019 Development Review Calendar and Submittal Policy. h. Consider approval of a Resolution 19-25, Accepting a generous donation, to be used exclusively, for the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 JT Ottinger Road a donation. Mayor Wheat removed item f of the consent agenda for a separate vote. MOTION: Council Member Rennhack made a motion to approve items a through item h of the consent agenda. Council Member Goble seconded the motion. The motion carried by a vote of 4-0. MOTION: Council Member Rennhack made a motion approve item f of the consent agenda by amending Article I, Definitions, Conservation Area by striking 'in addition to any Rules and Regulations as may be adopted by the Declarant until the expiration or termination of the Development Period and by the Board thereafter'from the definition. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 889, APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT (PD) SITE PLAN FOR AN APPROXIMATELY 0.35-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD 3-5B) AMENDING ORDINANCE 770 AND ORDINANCE 827 IN ORDER TO ALLOW THE CONSTRUCTION OF A RETAIL BUILDING ON THE CHARLES SCHWAB CAMPUS GENERALLY LOCATED ALONG SCHWAB WAY BETWEEN JT OTTINGER ROAD AND STATE 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 Goble made a motion to approve Ordinance 889. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. i Town Council Minutes 08/26/19 Page 5 of 7 6. DISCUSSION AND CONSIDERATION OF ORDINANCE 890, UPDATING THE SOLANA PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL 2018. Mr. Kyle Sikorski, P3 Works, provided a presentation and overview of the item. Discussion ensued regarding how the residents are notified of the taxes assessed in the PID and the communication between the PID management team, realtors and buyers. MOTION: Council Member Belvedere made a motion to approve Ordinance 890. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 7. CONDUCT A PUBLIC HEARING IN ACCORDANCE WITH STATE LAW. THIS ITEM IS THE FIRST OF TWO PUBLIC HEARINGS ON THE PROPOSED PROPERTY TAX INCREASE. AS THE PROPOSED TAX RATE ($0.16018 PER $100) EXCEEDS THE EFFECTIVE TAX RATE ($0.14483 PER$100), TRUTH-IN-TAXATION REQUIRES THAT THE TOWN COUNCIL HOLD TWO PUBLIC HEARINGS ON THE PROPOSAL. THE SECOND PUBLIC HEARING WILL BE HELD ON SEPTEMBER 9, 2019, AT TOWN HALL. TOWN COUNCIL WILL VOTE ON THE TAX RATE DURING THE REGULAR MEETING ON SEPTEMBER 23, 2019. BOTH MEETINGS WILL TAKE PLACE AT TOWN HALL IN THE COUNCIL CHAMBERS AT 1500 SOLANA BLVD., BLDG. 7, STE., 7100, WESTLAKE, TEXAS. Town Manager DeGan, Assistant Town Manager Greenwood, and Director Piper provided a presentation and overview of the item. Discussion ensued regarding a breakdown of revenues showing development and sales taxes, the Schwab situs agreement, and defining shared services for the citizens. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. 8. EXECUTIVE SESSION Council convened into executive session at 8:33 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 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 Town Council Minutes 08/26/19 Page 6 of 7 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: - Front 44 - The Knolls 9. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:53 p.m. 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action necessary. 11. FUTURE AGENDA ITEMS No additional discussion required. 12. 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 3-0-1. Rennhack abstained. Mayor Wheat adjourned the meeting at 9:53 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 30, 2019. ATTEST: Laura Wheat, Mayor li Kell Edwar , Town Secretary Town Council Minutes 08/26/19 Page 7of7