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HomeMy WebLinkAbout06-22-20 BOT MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS JOINT TOWN COUNCIL AND BOARD OF TRUSTEES MEETING June 22, 2020 In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy conducted a joint virtual meeting at 5:00 p.m. on Monday, June 22, 2020 by video and telephone conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There was no public access to the physical location described above. A recording of the telephonic meeting was made and is available to the public. PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Greg Goble, Rick Rennhack, Alesa Belvedere, and Rajiv Trivedi. Council Member Rick Rennhack left the meeting at 6:32 p.m. ABSENT: None. OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Attorney Stan Lowry, Town Secretary Todd Wood, Director of Information Technology Jason Power, Director of Finance Debbie Piper, Director of Planning & Development Ron Ruthven, Director of Communications & Community Affairs Ginger Awtry, Communications Manager Jon Sasser, Business Manager Marlene Rutledge, Executive Director Dr. Mechelle Bryson, Building Official Pat Cooke, Development Coordinator Nick Ford, Budget Analyst Kelsey Wong, and Robin McCaffrey. Joint Regular Session 1. CALL TO ORDER a. Mayor Wheat called the Regular Session of the Town Council to order at 5:00 p.m. b. President Wheat called the Regular Session of the Board of Trustees to order at 5:00 p. M. BOT Minutes — 6/22/20 Page 1 of 11 2. CITIZEN COMMENTS Mayor Wheat provided a brief summary of instructions to the public for citizen comments. No one addressed the Town Council or Board of Trustees. 3. ITEMS OF COMMUNITY INTEREST Meetings and Events: Communications Manager John Sasser provided an update on this item. He began by mentioning that the number of meetings and events in the month of July are typically light. He asked the Mayor to please let staff know if she would like to do another virtual "Coffee and Conversation with the Mayor", and that it would not be limited to Mondays if she chose to schedule this event. Council Bios: Mr. Sasser stated that the Mayor and Town Council should have received an email requesting bios that would be used in the Simply Westlake magazine and on the website. Office closure: Westlake Town Hall will be closed on Friday, July 3rd in observance of Independence Day. Although the Town offices will be closed, waste and recycling pickup will not be affected. Westlake Academy: While subject to change due to the pandemic, the first day of school at Westlake Academy will be on August 19th. It is anticipated that the Texas Education Agency (TEA) would release additional guidance to schools on June 23rd New Employee: Town Manager Amanda DeGan introduced Budget & Financial Analyst Kelsey Wong to the Council as the Town's newest employee. She noted that Kelsey was actually hired prior to the closure of Town Hall due to the COVID-19 pandemic, and graciously waited to relocate from Virginia to Texas until after Town Hall re -opened. Ms. Wong served as the Deputy Director of the Shenandoah Valley Juvenile Center in Virginia prior to joining the Westlake team. Future Meetings: Mrs. DeGan noted that a Town Council meeting would need to be held in July, and the dates that have been proposed have been problematic for some of the Council members. She indicated that she would send out additional dates to ensure that a quorum would be present for this proposed meeting. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the Town Council meeting on April 27, 2020. b. Consider approval of Resolution 20-19, authorizing the Town Manager to execute an Interlocal Agreement with the City of Hurst for cooperative purchasing. BOT Minutes — 6/22/20 Page 2 of 11 c. Consider approval of Resolution 20-20, authorizing the Town Manager to execute an agreement with Andale Construction Inc. to provide HA5, a pavement preservation treatment for Wyck Hill, Aspen Lane and the Westlake Academy parking lot, and authorizing Town staff to make funding changes not to exceed $25,000 on this project. Mayor Wheat inquired about the Hurst Cooperative Purchasing Agreement, asking as to whether this was a result of the Andale Construction Agreement (Item 4c) and if there were other opportunities along these lines. Assistant Town Manager Jarrod Greenwood responded that this agreement simply would allow Westlake to use the vendors Hurst has acquired, and Hurst would have the option to use Westlake's vendors. He stated that we have similar agreements with other counties and cities, and the addition of this item was being added out of opportunity. 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 5-0. S. PRESENTATION AND DISCUSSION OF SOLAR FACILITIES AND POTENTIAL SOLAR FACILITY POLICIES IN WESTLAKE. Assistant Town Manager Jarrod Greenwood introduced this item. He noted that this had been approved for recommendation by the Planning & Zoning Commission, and previous discussions regarding solar arrays have occurred with the Council at a higher level that were non site -specific to the Fidelity property. Planning & Development Director Ron Ruthven then provided additional information, noting that the Town does not currently have any regulations for solar facilities. As the Town's Comprehensive Plan and zoning regulations do not address this topic, staff has looked at this from the standpoint of how it could work for Westlake as a transitional use through a Specific Use Permit. Staff's recommendation would be based on the project abiding by four (4) distinct initiatives from the Comprehensive Plan: 1. Integration with distinctive landform. 2. Integration with the native mosaic. 3. Mitigation of ground plant intrusion. 4. Mitigation of orthogonal edges. Mr. Ruthven then introduced Fidelity representatives Mr. Scott Orr, Mr. Brian Daigle, and Mr. Chuck Carberry to provide a presentation to the Council detailing the project. Mr. Orr began by stating that this project was originally discussed with the Council last September, and while this would be a significant investment for Fidelity, it would provide a sustainable and renewable resource that would supply 500/o of the power needed for one building. Fidelity currently has similar solar facilities located in North Carolina, New Hampshire, and Rhode Island. Despite some initial concerns from Hillwood, Fidelity has worked together with them to address those concerns, and they now have a letter of support. This project would require a $50 million investment from Fidelity and would include approximately 8,000 solar panels. These panels would rotate with the location of the sun and would not exceed eight (8) feet in height. BOT Minutes — 6/22/20 Page 3 of 11 Fidelity engineer Mr. Brian Daigle then provided a presentation to the Council. He began by stating that no one wants to see a solar array, and they have put forth their best efforts to hide this solar array from view. The proposed location for the project is on the far western portion of the Fidelity property, minimizing the number of trees that would need to be removed. Fidelity has also worked with Tri-County Electric, who has approved the design for the connection located behind Fidelity's electric meter. Fidelity landscape architect Mr. Chuck Carberry then provided detail of the landscaping design around the project site. He began by stating that Westlake is a unique habitat, and their team has worked very hard to minimize the footprint of the project while addressing Hillwood's concerns. This plan has undergone approximately seven (7) revisions to achieve the desired blend into the landscape using specially designed berms. Twenty-three (23) post oak trees would be removed during construction, and all would be replaced. Fidelity's goal is that the solar array would not be visible at all in approximately five (5) years after the landscape becomes fully reestablished. Examples were shown of other solar facility locations featuring their landscape designs. Council Member Goble asked what lessons were learned with the other solar projects that they hoped to benefit from with the Westlake project. Mr. Daigle replied that aesthetics has been the biggest challenge, as it is difficult to blend these projects into natural landscapes. Mayor Wheat asked Mr. Orr if Fidelity would be satisfied if Fidelity's current zoning entitlements did not change. He replied that they would be satisfied; as Fidelity has no plans to build a third building. Mayor Wheat then asked what the anticipated time period would be to recover the investment in this project. Mr. Daigle answered that the cost recovery would occur in approximately ten (10) years. Mr. Daigle then shared a drone video of the proposed project site. This footage showed views from Capital Parkway and Dove Road at eye -level. It was stated that the solar arrays would not be visible from any neighborhood. The next video showed the drone on the project site at a height of eight (8) feet, providing views of the surrounding area that would be hidden by the topography, vegetation, and the berms that would be strategically located. Council Member Rennhack asked if any studies had been completed for reflective light. Mr. Daigle indicated that they have; as the FAA (Federal Aviation Administration) requires a glare analysis be performed due to Fidelity's proximity to two (2) major airports. He noted that there would be no glare at ground level, and any glare from the panels would be directed back to the location of the sun. 6. CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE 911, APPROVING PROPOSED AMENDMENTS TO ORDINANCE 306 APPROVING THE PD2 ZONING DISTRICT IN ORDER TO CONSTRUCT A SOLAR ENERGY FACILITY. THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF STATE HIGHWAY 114, BETWEEN DAVIS BLVD. AND WESTLAKE PARKWAY, NORTH OF DOVE ROAD. Mayor Wheat then asked for any comments or questions prior to opening the public hearing. Mayor Wheat opened the public hearing at 6:02 p.m. BOT Minutes — 6/22/20 Page 4 of 11 Joe Schneider from Hillwood Properties located at 9800 Hillwood Parkway, Fort Worth addressed the Council. Mr. Schneider stated that he has been working with the Fidelity team for quite some time, even working out a methodology where the landforms are able to "spillover" onto the Circle T Ranch to a small degree. He then stated that Hillwood was very happy with this project and they were excited to see it move forward. There were no other speakers for the public hearing. Mayor Wheat closed the public hearing at 6:06 p.m. MOTION: Council Member Rennhack made a motion to approve Ordinance 911. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-0. 7. CONSIDER APPROVAL OF RESOLUTION 20-21, AUTHORIZING THE TOWN MANAGER TO ENGAGE STAKEHOLDERS AND CELLULAR PROVIDERS IN FORMAL DISCUSSIONS RELATED TO THE DESIGN, CONSTRUCTION, AND OWNERSHIP OF A POTENTIAL COMMUNICATIONS TOWER. Assistant Town Manager Jarrod Greenwood provided a presentation on this item. He reminded the Council that a presentation was provided on this topic last year. In that presentation, the proposed tower was 120 feet in height and proposed to be located at the fire station. Based on Council feedback, staff has researched options for towers that would be lower in height. Verizon contacted staff in the spring, indicating their interest to work with the Town on this project. After learning of the height limitation of 80-85 feet, Verizon said that they had not worked with these types of towers previously. Verizon's withdrawal left the possibility of two (2) other providers that the Town could potentially work with. Mr. Greenwood stated that this resolution would provide these cellular providers with a level of assurance that the Town is interested and engaged in this project prior to calculating their return on investment and exploring ownership options with the Town. These options could include a tower that is constructed at the provider's expense and owned by the Town, then subsequently leased back to that provider for a nominal fee. Mr. Greenwood clarified that this resolution would only pertain to engaging in discussions with providers to determine what options exist, and any design or construction that may occur would be brought back to the Town Council as a separate item prior to moving forward. Mr. Greenwood then shared the presentation from the previous year with the Council. He began by showing the five -acre fire station site where the proposed tower would be located on the property. Mr. Trivedi indicated that in his experience, towers of this type are typically installed on buildings and are not visible, while the towers shown would be visible from Dove Road. He asked if staff has researched options to locate the tower on or behind the fire station while obtaining the required height that would be needed. Mr. Greenwood replied that staff had researched the possibility of locating the tower on a structure that is attached to the fire station that would also be used to dry fire hoses. During the design of the Westlake Fire Station, it was determined that this structure was not a critical element of the design, and it could be placed elsewhere to better complement the aesthetics of the building. Several design renderings were shown to the Council, illustrating a variety of tower designs towers and the anticipated views from several adjacent properties. BOT Minutes — 6/22/20 Page 5 of 11 Mayor Wheat asked Mr. Robin McCaffrey from Mesa Planning if it was possible to make this project work using a design that made architectural sense while not appearing offensive. Mr. McCaffrey said that the key to a successful design was not to try to hide the tower in a building, but to create a re -definition of "tower" as a structure which eludes to a building or structure. If this project had architectural significance, it would be successful. Mr. Greenwood closed his presentation by mentioning that the Town has received quite a few calls over the years from residents who were unhappy with poor cellular reception. He then said that this project was an opportunity to address these issues, as well as supporting certain Town infrastructure (such as the SCADA system) and providing redundancy for communications. Mr. Trivedi asked if staff had studied any financial benefits that the Town could expect on this project. Mr. Greenwood stated that staff has not looked into this at this point, only the options of ownership and long-term maintenance needs. Mr. Trivedi then asked Mr. Greenwood if any economic options would be brought to the Council for approval first, which Mr. Greenwood confirmed. Mr. Trivedi stated that he still had some concerns about the proposed site location and recommended that staff research other potential site locations. Mr. Greenwood said that a site analysis had been performed, and this was one of only two viable locations that met all of the criteria. The other location was located directly across from the Vaquero Club. Mayor Wheat also confirmed that this resolution was only to allow for discussions, which was confirmed by Mr. Greenwood. MOTION: Council Member Trivedi made a motion to approve Resolution 20- 21. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 8. PRESENTATION AND PRELIMINARY DISCUSSION OF THE FY 19/20 AND PROPOSED FY 20/21 MUNICIPAL AND ACADEMIC BUDGETS, PROVIDING UPDATES AND ASSUMPTIONS TO THE TOWN COUNCIL AND BOARD OF TRUSTEES. Town Manager Amanda DeGan provided the presentation on this item. She began by stating that staff has been very diligent in preparing several options for the Council to consider, and that this year's budget process has been unlike any other she has seen during her many years with the Town Westlake. She said that the purpose of this presentation was to gain some feedback and direction from Council prior to moving further with the preparation of the budget. Mrs. DeGan said that staff has always taken a cautious approach with the budget and have approached this budget even more cautiously due to the uncertainties that currently exist. Using conservative forecasting, staff has attempted to add money to the fund balances in both the municipal and academic budgets, and the numbers being presented were simply projections. Town of Westlake Budget overview Mrs. DeGan began with the municipal budget, mentioning that the academic budget would follow and that it was a bit further along in the process. A summary was first provided of the FY 19/20 budget. Currently, staff is estimating a $1M reduction for FY 19/20 in sales BOT Minutes — 6/22/20 Page 6 of 11 and use taxes. Property tax revenues are estimated to come in as budgeted, as it is a much less volatile source of revenue. Development Fees are projected to be $1.4M less than budgeted, as it is also a very volatile revenue stream. Court fines and fees have been reduced by $200k, due to fewer citations being issued during the pandemic and a greater number of defendants claiming indigency. Hotel Occupancy taxes have been reduced by $500k due to the extended closure of the Marriott hotel. A savings of $50k for municipal staff is expected during the period that Town Hall was closed due to COVID-19 and will be retained in fund balance. Currently, it is estimated that $200k of fund balance would be used in FY 19/20. She noted this number could change depending on actual revenues received through the end of the fiscal year. Additionally, staff has delayed purchases and reduced non -essential expenditures to minimize or eliminate the amount of fund balance that may be needed for this fiscal year while attempting to maintain current service delivery. Ms. DeGan noted that operational expenditures for all municipal departments did not increase or were decreased for the upcoming fiscal year. Mr. Trivedi asked if the estimated date for the Marriott re -opening was known. Mr. Greenwood indicated that the estimated date would be in August, although it is anticipated that there would not be any significant occupancy at the Marriott through 2020. Mrs. Degan then provided information on the FY 20/21 municipal budget using the latest projections and spoke to the following main points; 1. In keeping with the Council's direction and the Town's conservative methodology, staff projections are based on the current property tax rate of 0.16018. Property taxes are estimated to be $375k higher from the previous year due to newly assessed values. 2. Capital projects have been delayed where possible. 3. Other projects or expenditures have been delayed where possible. 4. Municipal compensation has been held at current levels. 5. Sales and use taxes have been reduced by 35%, although actual collections may be higher. 6. Development fees have been reduced slightly, based on conservative projections that are partially offset by new Entrada development projects. 7. Fines & fees from the municipal court are projected to increase slightly from the current year, although this is a $75k decrease from traditional projections. 8. Total expenditures are projected at $10.4M, and total revenues are projected at $9.7M. Overall, approximately $600k of fund balance is projected to be used in FY 20/21. Ms. DeGan said that these numbers "hold the line". She then asked the Council for direction as to whether fund balance should be used if these projections remained steady, or if staff should look for additional service level reductions to reduce or eliminate the use of fund balance. Mayor Wheat asked what the Town's number of operating days would be if fund balance were to be used. Mrs. DeGan indicated that using fund balance would reduce the number to 375-400 operating days. She then stated that while we would still be well situated for a year or two, we would continue to be prudent and not necessarily increase programs or add staff. Next, she asked the Council for direction as to whether municipal pay increases should be added in; costing approximately $50k for every 1% increase to BOT Minutes — 6/22/20 Page 7 of 11 Additionally, a $50k Superintendent contingency fund has been included for COVID-19, should it be needed. Mrs. DeGan then asked the Board is there were any questions she could answer. Trustee Langdon commended the staff for the reorganizational actions that have been taken. She then asked about annual turnover and how it could affect the budget. Mrs. DeGan stated that there is a financial effect with turnover, and part of the contingency funding may be reprogrammed to cover the cost of additional turnover if it occurs. President Wheat indicated interest in knowing what TEA's guidelines would be when released the following day. She also said that she was interested in what the Westlake Academy Foundation was doing, what dollar amounts were restricted, what funding reductions looked like, and reiterated that "it is a dangerous way to run a railroad" when things are dependent on philanthropy. Mrs. Degan agreed with this assessment, asking the Board to imagine the budget numbers without the contribution from the Westlake Academy Foundation. She then asked for Board for direction as to whether Westlake Academy should remain at the average 1% increase, or if an additional amount should be added. President Wheat stated that she would like to see some scenarios that included an additional increase, and also the same scenarios for the municipal budget. Mrs. Degan indicated that scenarios would be prepared with 1% and 2% increases for both the municipal and academic budgets. 9. EXECUTIVE SESSION Council adjourned the joint regular session at 7:38 p.m., and convened into Executive Session at 7:48 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 or other incentive to a business prospect described by Subdivision (1) for the following: - Entrada - Front 44 - Contract for Public Art b. Section 551.071(2) — Consultation with Town 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. BOT Minutes — 6/22/20 Page 9 of 11 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: Cause No. 236-304811-18 - Builder Recovery Services, LLC v The Town of Westlake. d. Section 551.071 Consultation with Attorney - to seek advice of counsel regarding Granada Homeowners' Association matters. 10. RECONVENE MEETING Mayor Wheat reconvened the joint regular session at 9:32 p.m. 11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action was taken. 12. COUNCIL RECAP/STAFF DIRECTION a. Follow-up with Robin McCaffrey regarding the tower project. b. Provide analysis for alternate locations for the cell tower project. c. Making physical printouts of the budget available for upcoming meetings. d. Follow up with the developer of Entrada, as appropriate. 13. FUTURE AGENDA ITEMS a. Use of trailheads as traffic counters to measure and understand usage. This item was tabled until the following meeting, as Council Member Rennhack was not present to speak on the topic. 14. ADJOURNMENT OF THE JOINT TOWN COUNCIL / BOARD OF TRUSTEES MEETING. a. There being no further business before the Town Council, Mayor Wheat asked for a motion to adjourn the Town Council meeting. MOTION: Council Member Goble made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the Town Council meeting at 9:35 p.m. b. There being no further business before the Board of Trustees, President Wheat asked for a motion to adjourn the Board of Trustees meeting. BOT Minutes — 6/22/20 Page 10 of 11 MOTION: Trustee Langdon made a motion to adjourn the meeting. Trustee Trivedi seconded the motion. The motion carried by a vote of 4-0. President Wheat adjourned the meeting at 9:35 p.m. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. APPROVED BY THE BOARD OF TRUSTEES ON SEPTEMBER 14, 2020. ATTEST: Laurie Wheat, President Z�� C/.JW Toc16 Wood, Town Secretary BOT Minutes — 6/22/20 Page 11 of 11