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HomeMy WebLinkAbout11-18-19 TC Min T H E T 0 W N O F W ESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING November 18, 2019 PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Michael Barrett, Rick Rennhack, and Greg Goble Alesa Belvedere arrived at 5:18pm ABSENT: OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Assistant to the Town Secretary Tanya Morris, Town Attorney Matt Butler, Deputy Fire 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, Director of Human Resources and Administrative Services Todd Wood, Court Administrator Jeanie Roumell, Public Works Construction Inspector Kory Kittrell, and Public Works Assistant Dianna Orender Work Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 5:04 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. II Town Council Minutes 11/18/19 Page 1 of 10 3. CITIZEN COMMENTS Mayor Wheat moved to Item 4. Dawn Cochran, 2107 Cedar Elm Terrace, spoke in favor of the Smoking Ordinance, and would request a 100% ban on all smoking within Town limits. Mayor Wheat returned to Item 5 — Discussion Items. 4. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. S. DISCUSSION ITEMS a. Presentation and discussion of an Agreement with Hilltop Securities Inc. to serve as Financial Advisor. Deputy Town Manager Simon introduced Nick Bulaich with Hilltop Securities Inc. Nick Bulaich, Hilltop Securities Inc., provided a presentation that provided an overview of Hilltop Securities, Inc. and they services they provide. Staff recommended Hilltop Securities Inc. as the Town's Financial Advisor. Mr. Bulaich assured the Council Hilltop Securities Inc. can begin work immediately on any of the Town's needs. b. Presentation and discussion of an Engagement Agreement with Bracewell LLP to serve as Bond Counsel. Deputy Town Manager Simon introduced Julie Partain with Bracewell LLP. Julie Partain, Bracewell LLP, provided an overview of Bracewell LLP as a firm. Council inquired if Bracewell provides"heads up"services such as upcoming legislative issues or proposed changes or other information that the Town should be aware of. Council also asked about the upcoming legislative session and the impact of the next session on localities. Ms. Partain thought the next session would be challenging for localities. Town Council Minutes 11/18/19 Page 2 of 10 c. Presentation and discussion regarding Utility Rate Study. Assistant Town Manager Greenwood, Director Meyer, and Public Works Assistant Dianna Orender provided a presentation and overview of the item. Staff stated that the average residential wastewater customer would see an increase of approximately $10.00, a 6% increase. The average commercial wastewater customer would see an increase of approximately $233.00, an 11% increase. Council asked about the comparison of rate increases to neighboring communities rate changes. Mr. Greenwood explained that the Trophy Club rate includes property taxes based on the value of a Westlake home. Council asked if the commercial rates for Trophy Club Municipal Utility District include taxes. Mr. Greenwood noted that the commercial rate does not because we do not have an average property value and that commercial values vary greatly, so we are unable to show an average. It was also noted that the rates in Westlake have not changed since 2017 — Mr. Greenwood will follow-up with Council at the December 16th Council meeting and provide the impact of the last rate increase. Mr. Greenwood identified some of the drivers that were included in the current rate study. The bond payment to Keller for the elevated storage tank is scheduled to end in 2020. Topics also included issuing debt as it related to the Fort Worth Phase 2 waterline and waste water invoicing form the City of Southlake. Mr. Greenwood also praised the Public Works Department for passing all of the State Inspections and the"passing of the torch"to Mr. Kittrell, Ms. Orender. Ms. Orender spoke about future changes to bill printing services for easier comprehension and viewing and about alerts to residents regarding possible leaks or problems. She also discussed the possibility of additional alerts to residents of possible water issues on the Eye on Water platform. The Council inquired about communicating to residents about how we helped a resident solve a water problem. Ms. Orender conveyed concerns over the post office . discontinuing forwarding services to the new address and the impact it is having on a percentage of customers. d. Presentation and discussion regarding the most recent legislative session and engagement on future legislative items and process. Deputy Town Manager Simon provided an overview of the most recent legislative session. Council and staff discussed future roles and responsibilities in conveying legislative information and the role Council can play in lobbying legislators. Staff discussed proposed legislation that will limit or eliminate TML as a lobbying entity on behalf of localities. Localities and Councils may need to play a greater role in advocating for or opposing legislation in the near future. I Town Council Minutes 11/18/19 Page 3 of 10 Julie Partain, Bracewell LLP, spoke in regard to the limited impact that TML had on legislation that impacted localities. Mayor Wheat moved to Item 3 — Citizen Comments. e. Standing Item: Presentation and discussion of development projects. Director Ruthven provided a presentation and overview of the item. Charles Schwab: Phase I construction is near completion. Rolling Temporary Certificates of Occupancy (C.O.) are being issued. Construction crews are working on the finishing touches for Schwab Way. Installation of the signal lights has been delayed. Phase II roadway (Schwab Way II) is being constructed. Phase II move-in is expected near the end of 2020 or early 2021. Entrada: The Tower panels are causing a hold-up due to construction taking longer than expected. The developer has four panels that are currently ready for final approval from Town staff. Staff is currently scheduled to meet to approve the panels. Panel discussions included: size and weight, installation required by crane, and construction materials. It was also noted that the original windows in panels did not meet design guidelines. Parking lot finalization is currently on hold until the Tower is complete. Starbucks will be scheduled for move-in after the Tower is complete. Restaurant Building A is ready for tenant interior finish- out for all 3 restaurants, but the parking garage must be complete before a C.O. is issued for any restaurant. The parking garage delay is due to construction crews working multiple job sites. We anticipate completion for the garage will be March 2020. Also discussed were the aesthetics of the parking garage for the side facing the Gas Well Pad Site, and the possibility of an entrance to the garage on that side. Construction is underway for Restaurant B and other buildings next to Restaurant A, as well as the wedding chapel. They will all require the parking garage to be completed prior to a C.O. being issued. There is a possibility of temporary C.O. being issued while masonry is applied to parking garage. There are currently three tenants slated for Restaurant A. Discussion ensued regarding landscaping to begin after the completion of the parking garage, but the Council would like to see it scheduled sooner. The Council also voiced concerns over trash in water feature and that improved maintenance and cleanup would be a better representative of Westlake. The Council proposed a valet system for Entrada while waiting on the parking garage is being completed. Staff also mentioned that the possibility of stop work orders or hiring out cleanup and mowing crews could be utilized to ensure cleanliness and to encourage developers to cleanup. The Plaza: Parking lot construction has begun. The Knolls: The completion of the roadways is on task for the next couple of weeks. Staff expects to start issuing building permits by February 2020. The landscaping process is estimated to take approximately 6 months. Discussion Town Council Minutes 11/18/19 Page 4of10 continued about the history of permitting in relation to landscaping. The contractor is keeping the areas clean. Staff discussed the need to coordinate Solana pavement repairs at The Knolls entrance. This work would be completed by the developer's contractor but paid for by the Town. Highway 114: TxDOT has a public hearing scheduled on December 1711 for Highway 114 from Highway 377 to I-35. The Council voiced concerns regarding the aesthetics of retaining walls and working to create a more consistent look throughout the Town. Quail Hollow: Council Member Rennhack posed questions regarding houses currently under construction and inquired as to the number of homes being custom built versus speculatively built. Mayor Wheat requested a spreadsheet sheet of development updates. Spencer Ranch: There are no updates on the development. Demolition for existing buildings is slated to begin. Staff is waiting on a landscaping plan and on the developer to continue. Town Manager DeGan toured the Charles Schwab campus recently and was able to provide Council an update on the current number of employees. Charles Schwab is ensuring things work well as construction continues. There have been some issues with people speeding on campus. Other traffic issues at Trophy Club and the signal light at Schwab Way have been identified. The Roanoke Road facility is well staffed, and they may need to move to both Phase I and II. 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 i legal matters not related directly to litigation or settlement. Pending or Town Council Minutes 11/18/19 Page 5of10 contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recovery 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 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation e. 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 Senate Bill 1152 — Franchise fees f. Section 551.071(2) — Consultation with City 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: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION Mr. Rennhack acknowledged Director Awtry and the Town of Westlake's commitment to shared services. Follow-up scheduled in December for the revised utility rates and staff will communicate rate increase. Staff will also identify other ways to provide winter quarter measurement reminders. Staff will provide data regarding custom built versus speculatively built homes in Quail Hollow, and will add a quick view development status spreadsheet to the development report. Regular Session will begin immediately following the work session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:51 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of past and future events. Town Council Minutes 11/18/19 Page 6 of 10 Council discussed vaping and the health concerns of vaping. Director Awtry provided an update on the health a Westlake EMS Firefighter's spouse and fundraising efforts for the family. 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting on September 23, 2019. b. Consider approval of the minutes from the meeting on October 28, 2019. c. Consider approval of the minutes from the meeting on November 4, 2019. d. Consider approval of Resolution 19-37b, Adopting the Voting Systems use by Denton and Tarrant County Election Administrations. e. Consider approval of Resolution 19-38, Authorizing the Town Manager to enter into a contract for the Town's Health, Vision, and Dental Insurance for the 2020 Calendar Year. f. Consider approval of Resolution 19-39, Approving an Agreement between the Town of Westlake and Hilltop Securities Inc. for Financial Consulting Services. g. Consider approval of Resolution 19-40, Approving an Engagement Agreement with Bracewell LLP relating to Bond Counsel Services. 1. The Town of Westlake (the"Town' desires to issue bonds and other obligations from time to time for various public purposes authorized by Texas Statutes, in order to finance or refinance various public projects; 2. Bracewell LLP's ("Bracewell" or the "Firm') is a full service firm that includes a national public finance practice and has the necessary competence, qualification and experience to serve as bond counsel for the Town. 3. The Town and Bracewell do not have any prior engagements or relationships or other information regarding the nature of any relationships between the political subdivision and the firm as described in §2254.1036(c) of the Texas Government Code. 4. The Town's attorneys and supporting personnel do not have the required experience, qualifications or resources to adequately perform bond counsel services for the issuance of bond or other obligations; 5. Given the nature of bond counsel services and the source of payment therefor (being from the proceeds of bonds or other obligations issued by the Town), such legal services cannot reasonably be obtained from attorneys in private practice under a contract providing for the payment of hourly fees without contingency; and 6. Entering into a contingent fee contract with Bracewell for bond counsel services is in the best interest of the residents of the Town as the Town will have competent, qualified and experienced counsel to advise on the issuance of the bonds and other obligations, and the provision of such legal services will not financially impact the Town as the compensation for such services will be paid from the proceeds of such bonds or other obligations. 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 6-0. Town Council Minutes 11/18/19 Page 7 of 10 4. DISCUSSION AND CONSIDERATION OF ORDINANCE 899, AMENDING CHAPTER 46, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES. Assistant Town Manager Greenwood provided an overview of the item. Mr. Rennhack questioned what the new Ordinance would guarantee, such as ensuring that smoke is not smelled in certain restaurants. Mr. Greenwood discussed the purpose of the room that is physically separated and contained room, air filtration equipment, and separated ventilation system is to prevent smoke from entering the remainder of the building that would be non-smoking. Testing of the equipment would indicate the effectiveness of the smoke mitigation measures. If smoke does enter the non-smoking areas the property/business owner would be required to take additional measures if they want to continue to allow smoking. The Council asked if staff researched examples of other restaurants with the air turnover systems and a comparison to what we are requiring, and the possibility of field tests to ensure intent is met. It was mentioned that even with the new systems in place there will be residual smell of past smoke left in smoking areas. Council Member Langdon expressed concerns over the lack of educating the residents as to the effects of smoking, vaping, secondhand, and tertiary smoke. Council asked who would be responsible for enforcement and the cost of enforcement is unknown. Staff stated that enforcement would initially fall on the property/business owner to self-police, but that any Town staff member, not just police, will be expected to enforce. The cost of enforcement would be difficult to calculate due to the variance being determined by who will enforce complaints. The cost of updating facilities for compliance can be substantial and will fall to the establishments. The due date that modifications are required by is June 2020. Council Member Langdon questioned the prevention of a vaping store within town limits. The sale of tobacco/vaping products is not covered right now in this ordinance, but still be can added to prevent sales in a future agenda item. MOTION: Council Member Goble made a motion to approve Ordinance 899. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-1, Council Member Langdon opposed. 5. EXECUTIVE SESSION Council convened into executive session at 7:23 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 Town Council Minutes 11/18/19 Page 8 of 10 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 Recovery 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 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation e. 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 Senate Bill 1152 — Franchise fees f. Section 551.071(2) Consultation with City 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: Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. 6. RECONVENE MEETING Mayor Wheat reconvened the meeting at 10:06 p.m. 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 8. FUTURE AGENDA ITEMS 9. ADJOURNMENT Town Council Minutes 11/18/19 Page 9 of 10 There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 6-0. Mayor Wheat adjourned the meeting at 10:06 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 27, 2020. ATTEST: k,`�e.,� Laura Wheat, Mayor Tanya Morri , Assistant t the Town Secretary Town Council Minutes 11/18/19 Page 10 of 10