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HomeMy WebLinkAbout10-26-20 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING October 26, 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 conducted its regular meeting following the Board of Trustees meeting at 5:00 p.m. on Monday, October 26, 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 Greg Goble, Rajiv Trivedi, and Rick Rennhack. ABSENT: Council Members Carol Langdon and Alesa Belvedere. 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 Facilities & Public Works Troy Meyer, Director of Planning & Development Ron Ruthven, Communications Manager Jon Sasser, Building Official Pat Cooke, Development Coordinator Nick Ford, and Jeri Harwell from Republic Services. Regular Session 1. CALL TO ORDER Mayor Wheat called the Regular Session to order at 5:27 p.m. 2. CITIZEN COMMENTS Mayor Wheat provided a brief summary of instructions to the public for citizen comments. No one addressed the Town Council. 3. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) TC Minutes — 10/26/20 Page 1 of 7 information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Communications Manager )on Sasser presented this item. He informed the Town Council of some great news that was received pertaining to Westlake Academy. Niche Rankings recently ranked Westlake Academy as the #1 elementary, middle, and high schools in the state of Texas for charter schools. Westlake Academy also ranked #2 as the best public elementary school, and #5 as the best public middle school and public high school in the state. Nationally, Westlake Academy was ranked #19 on the list of best charter elementary schools, #27 for the best charter middle schools, and #33 for the best charter high schools. Mr. Sasser then informed the Town Council that the Fall Cleanup was a tremendous success, with approximately 20 residents participating. He noted that two dumpsters were filled, and this was the largest level of community participation in several years. The Coffee and Conversation event with Mayor Wheat was held virtually the previous week, and was also a large success, with approximately 250 viewers attending. The Mayor spoke on a variety of topics, and the interaction and dialogue were well received by the community. All Town of Westlake meetings would continue to be held virtually through the end of the yea r. 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 meeting on September 14, 2020. There was no discussion. MOTION: Council Member Goble made a motion to approve the consent agenda. Council Member Trivedi seconded the motion. The motion carried by a vote of 3-0. 5. DISCUSSION ITEMS a. Presentation and discussion regarding the City of Southlake's offer to purchase right-of- way for access on FM 1938 related to a proposed development within the City of Southlake. Town Manager Amana DeGan presented this item. She began by stating that she had recently received a notification from the City of Southlake, offering to purchase the right- of-way on FM 1938 for $22,500. This offer is to obtain access from FM 1938 to a proposed development (approximately 18 acres in size) located on Maranatha Way, which is completely contained within the City of Southlake. Mrs. DeGan noted that staff has given very clear reasons to the City of Southlake for Westlake's opposition to this offer. Additionally, a real estate agent contacted Mrs. Degan approximately one (1) month prior, stating that she has been retained by the City of Southlake to provide an TC Minutes — 10/26/20 Page 2 of 7 appraisal for the purpose of extending an offer to purchase this property or pursue eminent domain proceedings. Assistant Town Manager Jarrod Greenwood then provided additional information to the Town Council. He stated that 13 (thirteen) houses were being planned for the property. Concerns regarding drainage have been raised, and the City of Southlake has never accepted the public right-of-way for access to the proposed development, although it had been previously dedicated. This right-of-way is approximately 50 (fifty) feet from the property to FM 1938. He then stated that Southlake's position was that for a public roadway to be constructed, it would be by eminent domain, and nothing would be required other than meeting Southlake's development standards for the site. Mr. Greenwood wanted to emphasize to the Council that there was a public right-of-way that has been dedicated and is available for the developer to build a road to Southlake's standards. Mr. Greenwood then stated that there is flawed logic with this approach; being that the City of Southlake does not need this road as a necessity, and records show that Southlake has granted a number of variances that have created this issue. These variances do not state that access to FM 1938 is required, and if there were no access to FM 1938, alternative plans of action were outlined. Mr. Greenwood then noted that if Southlake's position were that this road must be constructed in order to obtain access to the development, it would not be a factual statement. Council Member Goble asked what would occur if this occur was declined. Town Attorney Stan Lowry replied that Southlake could theoretically file a lawsuit for eminent domain and would have to prove a public purpose. The Town of Westlake would have the right to challenge this action for Southlake's "right to take" the property. This would be based on the legal challenge based on a "right of need", rather than a "right of desire" to have a secondary ingress/egress to the property. Mr. Lowry's position was that these conditions were a self-created issue by the City of Southlake, and the legal argument would be based on "paramount necessity", which is a requirement to pursue eminent domain. It was noted that the design and engineering of FM 1938 was multi -jurisdictional between the cities and Tarrant County, and Southlake had multiple opportunities to address their need or desire to have access to this right-of-way at that time. In addition, this would create drainage issues and other potential public safety concerns if this roadway was developed. The Council maintained their opposition to this matter unanimously. 6. CONSIDER APPROVAL OF RESOLUTION 20-32, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH C. GREEN SCAPING, LP FOR INSTALLATION OF A CONCRETE TRAIL ON THE EAST SIDE OF PEARSON LANE FROM DOVE ROAD TO WYCK HILL LANE AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. Director of Public Works and Facilities Troy Meyer presented this item. He stated that this project was located at the intersection of Dove Road and Pearson Lane. This project was originally a part of the Pearson Lane reconstruction project, which was delayed due to the TC Minutes — 10/26/20 Page 3 of 7 COVID-19 pandemic, and the road reconstruction portion remains to be completed in future years. This project would connect to the trail system and address some drainage issues along the trailway between Pearson Lane and the Westlake Fire Station. MOTION: Council Member Rennhack made a motion to approve Resolution 20- 32. Council Member Goble seconded the motion. The motion carried by a vote of 3-0. 7. CONSIDER APPROVAL OF ORDINANCE 917, AMENDING ORDINANCE 756 AND PROVIDING A FIVE (5) YEAR EXTENSION OF THE FRANCHISE AND A BASE RATE ESCALATION FACTOR IN ACCORDANCE WITH THE ORIGINAL TERMS OF ORDINANCE 408; AMENDING ORDINANCE 858 BY REPEALING APPENDIX "A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JULY 1, 2018 AND REPLACING WITH APPENDIX "A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JANUARY 1, 2021; RATIFYING ALL SECTIONS OF THE ORDINANCE THAT ARE NOT AMENDED OR AFFECTED BY THIS AMENDMENT; REPEALING ALL ORDINANCES THAT ARE IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATES. Director of Public Works and Facilities Troy Meyer introduced this item. He provided a presentation illustrating the proposed rate changes, effective January 2021. The proposed increase is 13.5%, and largely due to the operational cost increases incurred by Republic Services. This is the first rate increase since 2018 and would be subject to a 3.5% annual increase each year to prevent larger rate increases over time. In addition, a "Green Waste" pilot program would begin in Spring 2021. Jeri Harwell from Republic Services explained the options of the Green Waste pilot program. These options could include carts provided by Republic Services, or lawn bags purchased by homeowners. Ms. Harwell stated that she would like to select 25-30 residents from different neighborhoods to participate in the pilot program. After 90 (ninety) days, data would be presented to the Town Council. MOTION: Council Member Rennhack made a motion to approve Ordinance 917. Council Member Trivedi seconded the motion. The motion carried by a vote of 3-0. 8. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF RESOLUTION 20- 33, APPROVNG A FINAL PLAT FOR SCHWAB AT LAKE TURNER ADDITION LOT 1 BLOCK A, AN APPROXIMATELY 71.1394-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD3-5B). Director of Planning & Development Ron Ruthven introduced this item. He stated that this was a final plat for the Charles Schwab development. He noted that this would be one of the final procedural steps that would need to occur before construction finishes on Phase 2 TC Minutes — 10/26/20 Page 4 of 7 of the development. He stated that this met all of the Town's ordinances and was approved unanimously by the Planning and Zoning Commission on October 12, 2020. Mayor Wheat opened the public hearing at 6:20 p.m. No one addressed the Town Council. Mayor Wheat closed the public hearing at 6:20 p.m. MOTION: Council Member Goble made a motion to approve Resolution 20- 33. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. 9. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE 918, AMENDING ORDINANCE 720, WHICH APPROVED THE DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (PD 1-2), COMMONLY KNOWN AS ENTRADA, LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114; AND AMENDING ORDINANCE 830, WHICH AMENDED ORDINANCE 720; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. Director of Planning & Development Ron Ruthven presented this item. He stated that this item was an amendment to the Entrada Development Plan. He noted that the Development Plan was the primary guiding, planning and regulatory control document for the development. The Development Plan was approved in 2013 and has only been amended once for the second phase of Entrada. Mr. Ruthven then stated that the site plans that have been subsequently approved did not always update the Development Plan to account for the any changes within the development. He then stated that staff recommended approval of this ordinance, aligning previous site plan approvals with the Development Plan. Mayor Wheat opened the Public Hearing at 6:29 p.m. No one addressed the Town Council. Mayor Wheat closed the Public Hearing at 6:30 p.m. MOTION: Council Member Rennhack made a motion to approve Ordinance 917. Council Member Trivedi seconded the motion. The motion carried by a vote of 3-0. 10. EXECUTIVE SESSION The Town Council convened into Executive Session at 6:31 p.m. TC Minutes — 10/26/20 Page 5 of 7 11. RECONVENE MEETING Mayor Wheat reconvened the public meeting at 7:31 p.m. 12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. None. 13. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under "Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. None. 14. COUNCIL RECAP/STAFF DIRECTION Mrs. DeGan will contact the City of Southlake. Mr. Meyer will work with Republic Waste Services on the Green Waste Program. Drainage fences in Entrada will be check for safety purposes. 15. ADJOURNMENT 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 Trivedi seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 7:33 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. TC Minutes — 10/26/20 Page 6 of 7 APPROVED BY THE TOWN COUNCIL ON JANUARY 4, 2020. ATTEST: Laura Wheat, Mayor T dd Wood, Town Secretary TC Minutes — 10/26/20 Page 7of7