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HomeMy WebLinkAbout08-23-2021 Joint TC BOT MinT H E T 0 W N 0 E WESTLAKE MINUTES OF THE .JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING AUGUST 23, 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 this joint virtual meeting at 5:00 p.m. on Monday, August 23, 2021. In order to advance the public health goal of promoting "social distancing" to slow the spread of the Coronavirus (COVID-19), there was limited public access to the physical location described above to thirty (30) seats for the public on a first -come, first -serve basis. A recording of this meeting was made and will be available to the public in accordance with the Open Meetings Act. PRESENT: Mayor/President Laura Wheat and Council/Board of Trustee Members Carol Langdon, Rajiv Trivedi, Chandrika Dasgupta, and Anna White. ABSENT: Alesa Belvedere OTHERS PRESENT: Assistant Town Manager Jarrod Greenwood, Finance Director Ginger Awtry, Director of Planning & Development Ron Ruthven, Director of Community Engagement Jon Sasser, Network Administrator Duston McCready, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Development Coordinator Nick Ford, and Nick Goulash with Hilltop Securities. Regular Session 1. CALL TO ORDER Mayor/President Wheat called the Joint Town Council and Board of Trustees meeting to order at 5:10 p.m. 2. PLEDGE OF ALLEGIANCE TC/BOT Minutes — 08/23/21 Page 1 of 8 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council/Board of Trustees on any matter, whether or not it is posted on the agenda. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council/Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council/Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Stephen Bernard addressed Board of Trustees regarding COVID-19. Bella Sankar addressed Board of Trustees regarding COVID-19. Dan Jordan addressed Board of Trustees regarding COVID-19. Kyle Terrell addressed Board of Trustees regarding COVID-19. Daniel Ronkey addressed Board of Trustees regarding COVID-19. Bishu Jabob addressed Board of Trustees regarding COVID-19. Ashok Kolady addressed Board of Trustees regarding COVID-19. Heidi Custer addressed Board of Trustees regarding COVID-19. Derick Morgan addressed Board of Trustees regarding COVID-19. John Tatum addressed Board of Trustees regarding COVID-19. Eric Yeager addressed Board of Trustees regarding COVID-19. Jennifer Hill addressed Board of Trustees regarding COVID-19. Glenn Goble addressed Board of Trustees regarding COVID-19. 4. ITEMS OF COMMUNITY INTEREST Director of Community Engagement John Sasser provided an update on the following items: • Terra Bel la/Glenwyck/Carlyle Ct/Dove Road Neighborhood Meeting on Tuesday, August 24, 2021 at 6:00 p.m. • Chamber of Commerce Alliance Development Forum on Wednesday, August 25, 2021 at 11 a.m. at the Speedway Club, Texas Motor Speedway • Military Heroes Run on Saturday, August 28, 2021 at 7:00 a.m. • Town of Westlake/Westlake Academy Holiday: Town Hall and the Municipal Court will be closed to observe the Labor Day holiday on Monday, September 6, 2021 TC/BOT Minutes — 08/23/21 Page 2 of 8 WA BOT/Council Visioning Retreat on Thursday, September 16, 2021; 8:30 am-5:00 p.m. The agenda and meeting location will be provided at a later date. Westlake Academy New Parents Meeting on Wednesday, September 22, 2021 at 6 p.m. at the home of Laura and Doug Wheat. S. CONSENT AGENDA: All items listed below are considered routine by the Town Council and Board of Trustees 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 Town Council minutes from the Joint meeting on March 1, 2021. b. Consider approval of the Town Council minutes from the Joint meeting on March 29, 2021. c. Consider approval of Ordinance 929, for a negotiated settlement between the Atmos Cities Steering Committee ("ACSC'� and Atmos Energy Corporation, Mid -Tex Division ("Company's regarding the Company's 2021 Rate Review Mechanism (RRM) Filings; and Approving a Settlement Agreement with Attached Rate Tariffs and Proof of Revenues and Other Documents Connected to these Rate Proceedings. d. Consider approval of Ordinance 930, updating the 2020 Solana Public Improvement District Service and Assessment Plan and Assessment Roll. e. Consider approval of Resolution 21-26, approving the tax rolls for tax year 2021 on property within the town; approving the estimated tax collection rate; and designating an official to calculate the no -new -revenue tax rate and the voter -approval rate. f. Consider approval of Resolution 21-27, authorizing the Town Manager to execute an agreement with Circle T Ranch Phase III association to provide a 5-year streetscape maintenance agreement for Schwab Way Phase I and II. MOTION: Council Member Trivedi made a motion to approve the consent agenda. Council Member Dasgupta seconded the motion. The motion carried by a vote of 4-0. 6. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE. Mayor Wheat asked that this item to be addressed following the Superintendent update. Mayor Wheat then asked for a motion to approve Item #6. MOTION: Council Member Trivedi made a motion to elect Carol Langdon as Mayor Pro-Tempore. Council Member Dasgupta seconded the motion. The motion carried by a vote of 4-0. 7. TOWN MANAGER/SUPERINTENDENT UPDATE. a. Texas Education Agency (TEA) guidance regarding use of face masks on campus. b. Development. Town Manager/ Superintendent provided an update regarding the protocols that are being observed at Westlake Academy. Council TC/BOT Minutes — 08/23/21 Page 3 of 8 8. DISCUSSION AND CONSIDERATION OF RESOLUTION 21-28, APPOINTING AND REAPPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION. With no questions for the Town Council, Mayor Wheat then asked for a motion to approve Item #8. MOTION: Council Member Langdon made a motion to approve Resolution 21- 28. Council Member Trivedi seconded the motion. The motion carried by a vote of 4-0. 9. CONSIDER APPROVAL OF RESOLUTION 21-29, ADOPTING A MAXIMUM PROPOSED AD VALOREM TAX RATE, TAKE A RECORD VOTE, AND SETTING THE DATE FOR THE PUBLIC HEARING AND ADOPTION OF THE OPERATING BUDGET AND TAX RATE FOR FISCAL YEAR 2021-2022. Town Manager Amanda DeGan presented this item. Mrs. DeGan noted the required notices that were required by the Truth in Taxation requirements and showed several options. Mrs. DeGan noted that the current tax rate was being recommended by staff. Mayor Wheat then asked for a motion to approve Item #9. MOTION: Council Member Dasgupta made a motion to approve Resolution 21-29. Council Member White seconded the motion. The motion carried by a vote of 4-0. 10. CONSIDER APPROVAL OF ORDINANCE 931, AUTHORIZING THE ISSUANCE OF TOWN OF WESTLAKE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021; AWARDING THE SALE THEREOF; LEVYING A TAX, AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND A DEPOSIT AGREEMENT; APPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Nick Goulash with Hilltop Securities addressed the Council. He explained that Items 310 and #11 were tied together but would need to be voted on separately. Mr. Goulash noted that the bonds that were being refunded for the issuance of Bonds and Certificates of Obligation. He explained the premiums that were received, which lowered the amount of bonds to be sold. This resulted in savings of over $300,000. Mayor Wheat then asked for a motion to approve Item #10. TC/BOT Minutes — 08/23/21 Page 4 of 8 MOTION: Council Member Trivedi made a motion to approve Ordinance 931. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 11. CONSIDER APPROVAL OF ORDINANCE 932, AUTHORIZING THE ISSUANCE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2021; LEVYING A TAX, AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATES; AWARDING THE SALE OF THE CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AGREEMENT; APPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Wheat asked for a motion to approve Item #11. MOTION: Council Member Dasgupta made a motion to approve Ordinance 932. Council Member White seconded the motion. The motion carried by a vote of 4-0. 12. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE 933, APPROVING AMENDMENTS TO ORDINANCE 760 APPROVING THE DESIGN GUIDELINES FOR THE PD1-2 ZONING DISTRICT, KNOWN AS-WESTLAKE ENTRADA", LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114. Director of Planning & Development Ron Ruthven presented this item, noting that Items #12, #13, and #14 could be addressed in in a single public hearing. He began by stating that staff proposes a minor amendment to the Entrada design guidelines regarding signage. He noted that the Entrada design guidelines, approved by the Town Council on December 14, 2015 by Ordinance 760, currently permit internally illuminated plastic channel letters on a case by case basis. Existing examples of this type of sign in Entrada can be found on the front fagades of the CVS Pharmacy and the fagade of the Sendera Title building. Mr. Ruthven recommended eliminating plastic internally illuminated channel letters from the design guidelines. These types of types of signs are pervasive in most suburban retail developments across the nation and are not consistent with the rustic Catalonian design theme of Entrada, particularly in multi -tenant situations where more than one business is in a single building. Mayor Wheat opened the Public Hearing at 7:53 p.m. No one addressed the Council. Mayor Wheat closed the Public Hearing at 7:53 p.m. Mayor Wheat then asked for a motion to approve Item #12. TC/BOT Minutes — 08/23/21 Page 5 of 8 MOTION: Council Member Langdon made a motion to approve Ordinance 933. Council Member Dasgupta seconded the motion. The motion carried by a vote of 4-0. 13. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE 934, APPROVING AMENDMENTS TO ORDINANCES 720 AND 918 APPROVING AND AMENDING THE DEVELOPMENT PLAN FOR THE PD1-2 ZONING DISTRICT, KNOWN AS "WESTLAKE ENTRADA", LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114.CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF AN ORDINANCE APPROVING AMENDMENTS TO ORDINANCES 720 AND 918 APPROVING AND AMENDING THE DEVELOPMENT PLAN FOR THE PD1-2 ZONING DISTRICT, KNOWN AS "WESTLAKE ENTRADA", LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114. Mayor Wheat then asked for a motion to approve Item #13. MOTION: Council Member Dasgupta made a motion to approve Ordinance 934. Council Member White seconded the motion. The motion carried by a vote of 4-0. 14. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE 935, APPROVING AMENDMENTS TO ORDINANCE 703 APPROVING THE PD1-2 ZONING DISTRICT, KNOWN AS-WESTLAKE ENTRADA", LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114. Mayor Wheat then asked for a motion to approve Item #14. MOTION: Council Member Langdon made a motion to approve Ordinance 935. Council Member Trivedi seconded the motion. The motion carried by a vote of 4-0. 15. PRESENTATION AND DISCUSSION OF THE TOWN COUNCIL/BOARD OF TRUSTEES GOVERNANCY POLICY. This item was tabled until the following meeting. 16. EXECUTIVE SESSION The Town Council and Board of Trustees will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: TC/BOT Minutes — 08/23/21 Page 6of8 a. 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. b. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding BRS. c. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation and on a matter in which the duty of the Town Attorney to the Town Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act - drainage matters within Vaquero. d. 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. The Town Council/Board of Trustees did not convene into Executive Session. 17. RECONVENE TOWN COUNCIL/BOARD OF TRUSTEES MEETING. The Town Council/Board of Trustees did not convene into Executive Session. 18. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. The Town Council/Board of Trustees did not convene into Executive Session. 19. RECAP AND STAFF DIRECTION. 20. FUTURE AGENDA ITEMS. 21. ADJOURNMENT. There being no further business before the Town Council or Board of Trustees, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Trivedi seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:06 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 TOWN COUNCIL ON JANUARY 19, 2021. TC/BOT Minutes — 08/23/21 Page 7 of 8 ATTEST: Laura Vheat, Mayor Todd wQ6d, Town Secretary TC/BOT Minutes — 08/23/21 Page 8 of 8