HomeMy WebLinkAbout03-29-2021 Joint TC BOT MinTC/BOT Minutes – 03/29/21
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MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEES MEETING
March 29, 2021
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 meeting at 6:30 p.m. on Monday, March 29, 2021 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, Alesa Belvedere, Rajiv
Trivedi, Rick Rennhack, and Greg Goble.
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 Finance Ginger
Awtry, Director of Public Works & Facilities Troy Meyer, Director of
Planning & Development Ron Ruthven, Director of Community
Engagement Jon Sasser, Development Coordinator Nick Ford, Keller
City Manager Mark Hafner, City of Keller Interim Fire Chief Shane
Gainer, Grenada HOA President Vik Suresh, and Grenada HOA
Board Member Brian Pierce.
Executive Session
1. CALL TO ORDER
Mayor Wheat called the Town Council/Board of Trustees meeting to order at 5:01 p.m. The
Town Council/Board of Trustees recessed into Executive Session at 5:01 p.m.
The Town Council/Board of Trustees reconvened at 6:40 p.m. Mayor Wheat indicated that
there would be an action item for the Town Council.
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MOTION: Mayor Wheat asked for a motion to approve Resolution 21-12 from
Executive Session. Council Member Langdon made a motion to
approve. Council Member Rennhack seconded the motion. The
motion carried by a vote of 5-0.
Mayor Wheat called the Regular Session to order at 6:41 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 or Board of Trustees.
3. ITEMS OF COMMUNITY INTEREST
Director of Community Engagement Jon Sasser provided an update on the following items:
Town Hall and Westlake Academy Holiday Closure: Westlake Town Hall, Municipal
Court, and Westlake Academy will be closed on Friday, April 2, 2021 in observance the
Easter holiday.
Coffee & Conversation with the Mayor: This will be resumed on Monday, April 5th,
2021; from 8:00 a.m. to 9:30 am at Sip Stir Coffee, located at 1301 Solana Blvd Suite 4105
Westlake, TX 76262.
Gallery Night: The Westlake Academy Foundation will hold the Annual Gallery Night
event, named “Rhinestones at the Ranch” and will be held on Saturday, April 10, 2021 at
the Vaquero Club. RSVPs will be due by April 5, 2021.
Early Voting: This will occur between April 19th through April 27th. The Town of Westlake
has all of the information of early voting locations and the times that the polls will be open.
Election Day will be on May 1, 2021, and due to construction, the polling location will be
located in Building #1, Suite #1100.
Roanoke Road Re-Pavement: This is a City of Keller project that began this week,
located between Knox Road and Melody Lane. The project is expected to be completed on
May 7th and may impact the residents of Stagecoach Hills and others who use this road.
COVID-19 Vaccinations: COVID-19 vaccines are now available for all adults in the state
of Texas, and information will be sent out in tomorrow’s version of the Westlake Wire.
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.
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a. Consider approval of the minutes from the Town Council meeting on November 30,
2020.
b. Consideration of WA Resolution 21-08, authorizing the Town to enter into Joint
Election Agreements with Tarrant and Denton Counties to conduct the General
Election to be held on May 1, 2021.
c. Consider approval of Resolution 21-09, continuing participation with the Atmos
Cities Steering Committee and authorizing payment of five cents per capita to the
Atmos Cities Steering Committee to fund regulatory and related activities related to
Atmos Energy Corporation.
Mayor Wheat then asked if any items from the consent agenda needed to be discussed
separately. There was no request from the Town Council to discuss any consent agenda
item separately.
MOTION: Mayor Wheat then asked for a motion to approve the consent agenda.
Council Member Rennhack made a motion to approve. Council
Member Trivedi seconded the motion. The motion carried by a vote
of 5-0.
5. PRESENTATION AND DISCUSSION REGARDING THE ANNUAL REPORT FROM
THE KELLER POLICE DEPARTMENT RELATIVE TO POLICE SERVICES AND THE
RACIAL PROFILING REPORT FOR THE TOWN OF WESTLAKE.
City of Keller Police Chief Bradley Fortune presented this item. He began by stating that he
looked forward to meeting everyone in person soon, as opportunities for interaction were
limited in 2020. Chief Fortune began his presentation describing the department’s mission,
values, policing philosophies, and performance measures. Chief Fortune then explained
Westlake’s crime rate statistics, which were 3.72 per 1,000 in daytime population. He noted
that this was an incredibly low crime rate, with only 48 Part 1 crimes occurring throughout
the entire year. Of these crimes, 72% were property related and involved theft from
construction sites and unsecured vehicles. The Keller Police Department has increased
building checks and foot patrols in an effort to reduce these statistics even further.
Chief Fortune then presented traffic safety statistics. From 2019 to 2020, there was 13.8%
decrease in reportable crashes from 2019 (94) to 2020 (81), and a 33% decrease in overall
crashes from 2019 (327) to 2020 (219). The top three (3) factors for crashes were
explained, and the top three (3) locations for these crashes were shown to occur at Trophy
Lake Drive and SH 114, Trophy Club Drive and SH 114, and US 377 and SH 170. Chief
Fortune then illustrated a graph showing the impact of COVID-19 on traffic enforcement,
when a directive was given to limit personal contact as much as possible by only initiating
traffic stops for offences that would be considered major public safety violations. Normal
operations were resumed on July 6, 2020, with the use of recommended Personal Protective
Equipment (PPE) by officers.
Chief Fortune then showed several slides using data from the North Central Texas Council
of Governments (NCTCOG) and the Keller Police Department illustrating the average
percentage change in vehicle volume on the freeways during 2020. The first three months
showed a very nominal reduction; however, decreases spiked in April 2020 with a 28%
reduction in volume, and 19% in May. The percentages were relatively consistent from
June through December, with decreases ranging from 12% to 7% by month. During the
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months where vehicle volume decreased the most, a corresponding increase in vehicle
speeds also occurred. Vehicle accidents also decreased during this time, trending in a similar
manner with traffic volume. However, the percentage of serious vehicle accidents
increased, which is attributed to higher average vehicle speeds.
Chief Fortune then explained the timeliness in service. Statistics showed that 911 calls were
answered within 10 (ten) seconds 99% of the time, and appropriate emergency services
were dispatched within 49 seconds when averaged. These statistics exceeded the
department’s benchmark goals.
Additionally, police response to Priority 1 calls averaged 3 minutes and twenty-seven
seconds (3:27), and police patrol response to all calls averaged eleven minutes and six
seconds (11:06). These statistics also exceeded the goal of four (4) minutes and fifteen
(15) minutes, respectively. Chief Fortune stated that the main goal was to respect the time
of citizens needing service, regardless of the priority of the call.
Using survey data, the Keller Police Department exceeded expectations regarding care and
professionalism (92.8%) and meeting or exceeding expectations (99%). Overall, 93.3% of
respondents gave the Keller Police Department an overall rating of excellent, and 100% of
Westlake residents felt safe walking alone at night.
Chief Fortune emphasized that a major value of the department was that communication
with residents by officers was extremely important. He then expressed the importance of
“empathy in action” and the practice of “soft skills” in training, policies, and practices. Chief
Fortune then explained the components of transparency, accountability, and input
initiatives.
Chief Fortune then provided the Racial Profiling Report to the Town Council. He stated that
the comprehensive analysis of the data included in this report demonstrates that the Keller
Police Department has complied with the Texas Racial Profiling Law and all of its
requirements. He expressed appreciation for the interlocal partnerships with the Town of
Westlake and other neighboring cities. Mayor Wheat thanked Chief Fortune, stating that
he had gone above and beyond with the information that was shared.
Council Member Rennhack asked Chief Fortune about the legality of golf carts on trails and
within private gated neighborhoods. Chief Fortune replied that the presence of officers on
bicycles can provide an increased presence on the trail system. He also noted that the
enforceability of traffic stops in gated communities with private roads would be limited to
offences contained in the Texas Penal Code (such as reckless driving) but would not include
offenses under the Texas Transportation code related to speed. However, the Keller Police
Department did have the ability to enforce of local ordinances.
In conclusion, Mayor Wheat thanked Chief Fortune for the information that was presented.
She then asked Director of Community Engagement Jon Sasser to provide the PowerPoint
presentation in the upcoming Westlake Wire, as she felt that the Town was being well
tended to by the Keller Police Department. Mr. Sasser stated that he would absolutely make
this happen per Mayor Wheat’s request.
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6. CONSIDER RESOLUTION 21-10, APPROVING AN INTERLOCAL AGREEMENT
WITH THE CITY OF KELLER, TEXAS, FOR CONSOLIDATED FULL-TIME FIRE
PROTECTION/PREVENTION AND EMERGENCY MEDICAL SERVICES; FOR A TERM
OF SIXTEEN (16) MONTHS COMMENCING APRIL 1, 2021; TO INCLUDE AN
EQUALLY SHARED FEASIBILITY STUDY REGARDING SAID CONSOLIDATED
SERVICES; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL
CONTRACT DOCUMENTS RELATING THERETO ON BEHALF OF THE TOWN OF
WESTLAKE, TEXAS.
Deputy Town Manager Noah Simon and Fire Chief Richard Whitten presented this item. Mr.
Simon began by stating that The Town of Westlake and the City of Keller have had
conversations regarding the possibility of consolidating their Fire/EMS Departments. This
has not been approached as a cost-savings measure; rather, as a means to improve Public
Safety services and position Westlake for future growth and development. Mr. Simon added
that this is an opportunity for the two cities to become a leader in this area by creating new
standards of excellence. Mr. Simon then stated that this resolution, if approved, would fund
a feasibility study to assess a potential merger of the leadership teams. During the
feasibility study, Westlake Fire Chief Richard Whitten would become the Fire Chief of both
departments, and the Keller Battalion Chiefs would also integrate into Westlake. During this
time, the departments would function collectively as a single department approximately for
sixteen (16) months to determine if this proposal created more efficient and effective
Fire/EMS services that would mutually benefit both communities. Mr. Simon noted that the
same interlocal agreement was approved earlier this month by the Keller City Council
unanimously. If this resolution is approved by the Westlake Town Council, the final scope
of services would be finalized with the consultant, and both cities would embark on a new
journey. This process would be thorough, transparent, and allow a unique opportunity for
input from all stakeholders.
Mr. Simon then asked Fire Chief Richard Whitten to present to the Town Council, noting
that Keller City Manager Mark Hafner and Keller Acting Fire Chief Shane Gainer were also
present to answer any questions. Fire Chief Richard Whitten began by stating that it was
an honor to serve in these capacities. Chief Whitten then gave a brief summary on the
progression of this initiative:
• A meeting was held with each shift at the City of Keller, where information was
presented. Staff were asked to review the information for one (1) to two (2) weeks,
and additional conversations would occur in smaller groups to obtain feedback.
These meetings have now occurred, where the Interlocal Agreement (ILA) was
discussed, as well as the current status with the consultant.
• Chief Whitten noted that the smaller group meetings were focused more on any
personal concerns from employees of the Keller Fire Department, rather than what
previously discussed in prior meetings. In some of these meetings, emotions were
rather high at times, but the level of understanding and acceptance increased. Chief
Whitted stated that this could be attributed to the natural emotions and anxiety that
come with potential changes. Chief Whitten then noted that the small group meetings
were very successful and effective to obtain clarity and perspective with employees
within the department.
• Chief Whitten explained that both departments have spent many years building their
identities, and this was something that no one would be losing. His opinion was that
this was an area that could be built upon for both communities, and that it would be
possible that the consultant could conclude that this plan was not advisable for both
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communities, although this would not be expected. However, the loss of identity
between departments has been a common theme of concern but can be avoided.
Keller City Manager Mark Hafner then addressed the Town Council, stating that he was a
believer in regionalization; not only to reduce costs, but also because it was a good
government practice. He noted that Chief Whitten was a great Fire Chief, and he felt that
the two cities could do so much better for the public together and this was a great possibility
to explore. Keller Deputy Fire Chief Shane Gainer then stated that he wanted to reiterate
the statements made by Mr. Hafner, and there have been great learning opportunities that
have already occurred. He then stated that he looked forward to the results of the feasibility
study.
Deputy Town Manager Noah Simon stated that the consultant that would be selected would
be familiar will be with the two respective communities and would be objective in in any
recommendation as to whether this would be a successful or not to both communities.
MOTION: Mayor Pro-Tem Carol Langdon asked for a motion to approve
Resolution 21-10, as Mayor Wheat experienced a temporary
internet connection issue. Council Member Trivedi made a motion to
approve. Council Member Rennhack seconded the motion. The
motion carried by a vote of 5-0.
7. DISCUSSION REGARDING GRANADA HOMEOWNERS' ASSOCIATION
MAINTENANCE.
Assistant Town Manager Jarrod Greenwood presented this item. He began by providing a
historical context on this issue, as Town staff has met with the Grenada HOA regarding the
level of landscaping and irrigation that is the responsibility of the Grenada HOA pertaining
to the perimeter of the development. He then stated that the Grenada HOA has expressed
concerns during the last few years of what was required based on the agreement that was
entered into between the Town and the original developer of the Entrada development.
These concerns have been mostly based on the extensive amount of landscaping area that
they would be responsible for in relation to other neighborhoods.
Mr. Greenwood then noted that staff had identified potential solutions that may be available
to the HOA moving forward for their consideration. In September 2020, staff presented
these solutions that could be available along the FM 1938 corridor, including providing water
meters and shade structures by the Town. Additionally, this proposal included the Town
providing the water for the ornamental fountain located at the trailhead and the water
feature located at the corner of FM 1938 and Dove Road, as well as maintenance of the
shade structures.
Mr. Greenwood then noted that this item was simply a discussion, and no action could be
taken without a public zoning hearing with public, a presentation to the Planning and Zoning
Commission and the Town Council prior to approval. Additionally, this would require an
amendment to the original developer’s agreement, which identified maintenance
responsibilities and may require an additional economic development agreement.
Grenada HOA Board Member Brian Pierce was then introduced to the Town Council for a
presentation and thanked them for their time. He indicated that Mr. Greenwood framed up
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this issue well, and these issues that he would be discussing preceded his tenure on the
HOA Board. He then stated that he felt that it would be beneficial to simply walk the Town
Council through the issues of concern. These issues included:
• The developer did subpar work on infrastructure
• The retention pond is not adequate
• The irrigation system improperly configured, and is only installed for a single entrance
and exit for the neighborhood, using substandard gate hardware and wiring
• Developer made deal with Town to take care of common areas and parks surrounding
the neighborhood
• Taking care of thee “outside the walls of Granada” uses between 70%-80% of the
HOA budget.
Mr. Pierce then outlined to the Town Council what was Granada asking for. These items
included the Town of Westlake taking over and/or fund the following:
3
• Watering and maintenance of common areas between the Granada wall, Dove
Road, and Davis Boulevard, which includes irrigation, and landscaping
• Responsibility for landscaping and maintenance outside the Granada wall, including
park maintenance and the water feature at Dove Road and Davis Boulevard
• Responsibility for landscaping and maintenance outside the Granada wall, including
park maintenance at Dove Road and Solana
• The Town of Westlake installs two (2) water meters to be installed that separates the
irrigation outside and inside the walls of Granada
Mr. Pierce then noted why the Grenada HOA was asking the Town of Westlake to undertake
the projects. He stated the following points for this position:
• Precedents set by Town in watering and maintaining other common areas for other
communities (neighborhoods)
• The parks are utilized by the residents of Westlake, not just Granada residents, and
therefore should be owned and maintained by the Town
• Granada is very concerned about potential liability of the parks, especially when not
being utilized as a park inside the of Granada community.
Grenada HOA President Vik Suresh then stated that the primary issue was the issue of
irrigation and was concerned that the HOA would not be able to support the irrigation costs
outside of the wall during the summer months. Currently, the Town has used a fire hydrant
meter to supplement water pressure and reiterated that the main issues were irrigation
and maintenance of common areas. Mr. Pierce and Mr. Suresh then thanked the Town
Council for their time to listen to the concerns of the Grenada neighborhood. Mayor Wheat
stated that the Town would get back to everyone on what the next steps would be.
8. CONSIDER APPROVAL OF ORDINANCE 924, AUTHORIZING AND ALLOWING
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF
THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER
PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE.
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Deputy Town Manager Noah Simon presented this item. He explained that the restricted
time service credit would allow employees to receive service credit for working in another
governmental entity previously and would have no immediate cost to the Town if this
provision were adopted. This provision could result in a very small financial impact in the
future.
MOTION: Mayor Wheat asked for a motion to approve Ordinance 924. Council
Member Goble made a motion to approve. Council Member Belvedere
seconded the motion. The motion carried by a vote of 5-0.
9. CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE 925, APPROVING
AMENDMENTS TO ORDINANCE 837 APPROVING A SITE PLAN FOR PD1-2
ZONING DISTRICT, KNOWN AS “WESTLAKE ENTRADA”. THE SITE IS LOCATED
ON BLOCK “E”, WESTLAKE ENTRADA ADDITION ALONG COMILLAS DRIVE
BETWEEN CORTES DRIVE AND GIRONA DRIVE.
Director of Planning and Development Ron Ruthven presented this item. He began by
showing a presentation from Centurion American, illustrating a proposed plan to reduce
the lots on Block “E” from fourteen (14) to twelve (12) homes. The additional two (2) lots
would then be converted to twelve (12) additional parking spaces and a small park. He
then stated that staff recommended approval, with the condition that this space would be
maintained by the HOA. He noted that this plan received approval by the Planning and
Zoning Commission on March 8, 2021.
Mayor Wheat opened the Public Hearing at 8:55 p.m.
No one addressed the Town Council.
Mayor Wheat closed the Public Hearing at 8:55 p.m.
MOTION: Mayor Wheat asked for a motion to approve Ordinance 925. Council
Member Rennhack made a motion to approve. Council Member
Langdon seconded the motion. The motion carried by a vote of 5-0.
9. EXECUTIVE SESSION:
The Town Council/Board of Trustees convened into Executive Session at 9:41 p.m.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec 551.076 – Deliberation Regarding Security Devices or Security Audit to
deliberate: (1) the deployment, or specific occasions for implementation of
security personnel or devices; or (2) a security audit.
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b. 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:
- Front 44
- Entrada
- Project “YYZ”
- Potential development on 55.12 acres located at Tracts 7C, 7F, 7G, 7H,
7L and 7M Abstract 648, William Huff Survey, Town of Westlake, Texas,
and more generally located at the northeast corner of U.S. Highway 377
and State Highway 170.
c. 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.
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 - Discussion with the Town Attorney regarding pending,
threatened, or contemplated litigation regarding BRS.
9. RECONVENE MEETING
The Town Council/Board of Trustees reconvened into Regular Session at 10:14 p.m.
10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
None.
11. COUNCIL RECAP/STAFF DIRECTION
None.
12. 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.
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