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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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