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Home My WebLink About10-28-19 TC Min T H E T 0 W N O F WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING October 28, 2019 PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Alesa Belvedere, and Greg Goble ABSENT: Michael Barrett and Rick Rennhack OTHERS PRESENT: 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, Director of Planning & Development Ron Ruthven, Finance Director Debbie Piper, Director of Facilities & Public Works Troy Meyer, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, and Development Coordinator Nick Ford Work Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 5:07 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 10/28/19 Page 1 of 7 3. CITIZEN COMMENTS Megan Stiller, Community Storehouse, spoke about the impact of the summer program provided at the Academy and other programs they offer. 4. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. S. DISCUSSION ITEMS a. Presentation and discussion by Fidelity Investments regarding a potential solar panel facility on the Fidelity Investments Campus. Deputy Manager Simon stated that the Council had received a copy of a letter from Hillwood regarding this item. Tammy Gilbert and Brian Daigle, Fidelity Investments, provided a presentation and overview of the proposed solar facility which would provide 18% of electricity to the campus. Discussion ensued regarding Fidelity's current locations using solar arrays, the visibility of a 15' berm from Capital Way, screening required by other cities, multiple purpose of this area such as bee hives, opportunities for partnerships with the community, reflectivity issues or concerns, the requirement by the Federal Aviation Administration to conduct a glare analysis due to the proximity of two major airports, and a wildlife survey. b. Presentation and discussion of Wayfinding Master Plan. Director Meyer provided a presentation and overview of the plan. Discussion ensued regarding combining comprehensive planning groups, preventing too much wayfinding signage, the cost of this project, allowance for meeting expenses, and possibility of linking the Public Art project to the Wayfinding project. c. Presentation and discussion regarding the proposed Smoking Ordinance allowing smoking indoors only. _ Assistant Town Manager Greenwood provided an overview of the proposed ordinance. Town Council Minutes 10/28/19 Page 2 of 7 Discussion ensued regarding the proposed ordinance allowing only smoking inside and not allowing it at all within the Town. d. Standing Item: Presentation and discussion of development projects per Staff Report September 2019 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided a presentation and overview of the item. Charles Schwab: Phase I has a temporary certificate of occupancy with the intent to have a full workforce on campus by the end of the year. Director Ruthven provided an update on the opening of Schwab Way. The Grand Opening is estimated for March of 2020 and Phase II is under construction. Entrada: The retail corner is moving forward but is behind schedule due to the construction of the tower panels. Staff are holding weekly construction on-site meetings to discuss construction, safety, and installation of the tower panels, the parking garage, and the restaurants. The Knolls: Director Ruthven's presentation included information on roadway grading, meeting with homebuilders, staging areas during construction, stormwater management and screening during construction, and acknowledging the tree requirements. Discussion ensued regarding the number of building permits issued, meetings with potential commercial applicants, and additional installation of canopies at the fire station. 6. 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 551.087 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: - Entrada - Front 44 b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other Town Council Minutes 10/28/19 Page 3 of 7 legal matters not related directly to litigation or settlement. Pending or — contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake c. Section 551.071 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: possible litigation regarding House Bill 1152 — Franchise fees d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION Regular Session will begin immediately following the work session -- 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:41 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of upcoming events. 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting on September 30, 2019. b. Consider approval of the minutes from the meeting on October 7, 2019. c. Consider approval of a Resolution 19-34, Authorizing the Town Manager to select a vendor for Dark Fiber Installation and to begin contract negotiations for the Dark Fiber Project. d. Consider approval of Ordinance 896, Amending and Repealing the Fee and Use Schedule. e. Consider approval of Resolution 19-35, Entering into an annual membership with the Goodbuy purchasing cooperative to provide purchasing through the Education Service Center Region 2 and authorize subsequent renewals with the Goodbuy purchasing cooperative. Town Council Minutes 10/28/19 Page 4 of 7 f. Consider approval of Resolution 19-36, Authorizing the Town Manager to enter into an agreement with Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding sign program. MOTION: Council Member Goble made a motion to approve the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 4. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 19-37, APPROVING A PRELIMINARY SITE EVALUATION FOR SCHWAB WAY, LOCATED BETWEEN STATE HIGHWAY 114 AND J.T. OTTINGER ROAD. Director Ruthven provided an overview of the item. Mayor Wheat opened the public hearing. Joe Schneider, Hillwood Properties, spoke in favor of this item. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Resolution 19-37. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. S. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 897, AMENDING CHAPTER 102 ZONING, ARTICLE III, PERMISSIBLE USES, DIVISION 1, GENERALLY, SECTION 102-66, FARM ANIMALS AND HORSES, REGARDING PROPOSED CHANGES TO REQUIREMENTS FOR KEEPING CERTAIN ANIMALS ON A PROPERTY. Director Ruthven provided an overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 897. Council Member Goble seconded the motion. The motion carried by a vote of 3-0. _ 6. EXECUTIVE SESSION Council convened into executive session at 6:53 p.m. Town Council Minutes 10/28/19 Page 5 of 7 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) for the following: - Entrada - Front 44 b. Section 551.071 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: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake c. Section 551.071 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: possible litigation regarding House Bill 1152 — Franchise fees d. Section 551.071(2) Consultation with Attorney —to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. 6B. DISCUSSION AND CONSIDERATION OF ORDINANCE 898, AMENDING CHAPTER 74, SOLID WASTE. No discussion regarding this item. MOTION: Council Member Goble made a motion to take no action regarding Ordinance 898. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat moved to Item 8. 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:55 p.m. Mayor Wheat moved to Item 6B. Town Council Minutes 10/28/19 Page 6 of 7 S. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 9. FUTURE AGENDA ITEMS 10. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 8:57 p.m. APPROVED BY THE TOWN COUNCIL ON NOVEMBER 18, 2019. ATTEST: Laura Wheat, Mayor . Ids, Town ecretary Town Council Minutes 10/28/19 Page 7 of 7