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HomeMy WebLinkAbout08-29-22 TC BOT MinutesTOWN OF WESTLAKE TOWN COUNCIL/BOARD OF TRUSTEES FOR WESTLAKE ACADEMY- MEETING MINUTES 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 T H E T 0 W H O F W ESTLAKE August 29, 2022 2:30 P.M. CLOSED EXECUTIVE SESSION 4:00 P.M. WORK SESSION 5:00 P.M. REGULAR MEETING PRESENT: Mayor Sean Kilbride, Council/Board of Trustee Members Mayor Pro Tern David Quint, Tim Shiner, Chandrika Dasgupta, Anna White, Kim Greaves OTHERS PRESENT: Acting Town Manager Jarrod Greenwood, Assistant Town Manager Troy Meyer, Town Secretary Amy M. Piukana, Academy Attorney Janet Bubert, Town Attorney, Stan Lowery, Finance Director Amber Karkauskas, Director of Information Services Jason Power, Director of Human Resources Sandy Garza, Director of Communications Jon Sasser, Director of Development Ron Ruthven, Fire Chief Richard Whitten, Deputy Fire Chief Jon Ard, Police Chief Brad Fortune CLOSED EXECUTIVE SESSION (2:30 P.M.) 1. Call to order. Mayor Kilbride called the meeting to order at 2:34 p.m. and announced the Town Council Board of Trustees would meet to discuss the following closed executive session items. 2. The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: 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(2) - Consultation with Town 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: - Fire Department Operations WORK SESSION - Call to Order (4 P.M.) The Town Council reconvened into open work session at 4 p.m. 3. RECONVENE WORK SESSION MEETING TO DISCUSS: • Discuss Boards and Commissions- Town Secretary Amy Piukana provided an update. • Review Fire and EMS Needs and Staffing - Item not discussed. • Fire EMS Consolidation- Item not discussed. • PID SAP Update- Consultant Mary Petty provided an in-depth presentation on the PID SAPAssessment Plan and overview. • Utility Rate Study Update - Acting Town Manager Jarrod Greenwood provided an overview. The Town's rate study consultant provided an in-depth analysis of the Water and Sewer Rates. Entrada Update- Mr. Michael Beatyprovided a PowerPoint presentation regarding updates and his future plans with Entrada. TC/BOT Minutes — 08/29/2022 Page 1 of 7 Westlake Academy Governance Update — Legal Consultant Christi Winn provided a PowerPoint update. 4. COUNCIL RECAP / STAFF DIRECTION —Acting Town Managerlarrod Greenwood provided a recap. REGULAR MEETING — Call to Order (S P.M.) — Mayor Kilbride called the regular meeting to order at 5 p.m. S. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance and Pledge to the Texas Flag was led by Mayor Kilbride and the Town Council. 6. PRE -COUNCIL WORKSHOP: a. Discussion of Fiscal Year 22-23 Budget — Mnance DirectorAmber Karkauskas provided a FY22 23 Budget overview. b. Review of items on 8/29/22 Agenda — no discussion 7. CEREMONIAL ITEM(S) • Mayoral recognition of former Westlake Mayor Scott Bradley Mayor Kilbride provided a proclamation recognizing former Westlake Mayor Scott Bradley for his years of service to the Town of Westlake. • Presentation of 2022 Resident Survey Award Mayor Kilbride announced a brief video would be played honoring the Town of Westlake for receiving the 2022 Leading the Way Award for the Resident Survey. 8. CITIZEN/PARENT COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. Any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. (Best practice is to submit the speaker form prior to the start of the meeting.) If your questions are satisfied, you may choose not to speak. 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 and 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 and 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. • Rajiv Trivedi spoke with concerns related to late school start times, restructuring school leadership, Town Manager separation, transparency, budget discussions (via Sub Committees), lack of fund balance, budget amendments, and legal consultant contract for the Academy. • Linda Bjorn expressed her gratitude to former Mayor Bradley, noting she would like an explanation regarding Council Member Dasgupta abstaining on school related items being voted on. • 81swajit Dasgupta requested the Mayor address him by name (Biswajit Dasgupta), he urged the Council to have more discussion on the budget, be transparent and to provide clear procedures. • Victor Sansone expressed his gratitude to former Mayor Scott Bradley. Mr. Sansone expressed concerns with the financial health of the town, Economic — Development, Entrada (No service, no tax revenue), academic facilities analysis and capital improvement projects, land expansion, and school finance needs TC/BOT Minutes — 08/29/2022 Page 2 of 7 9. 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) 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. Items of Community Interest — Communications Erin Spicer provided a report of Items of Community Interest 10. CONSENT AGENDA: All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board 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. Council Member Dasgupta requested item 11/, be pulled from the Consent for discussion. Mayor Pro Tem Quint requested Items 11 c, IId, ZIf, 11h be pulled for further discussion. a. Consider approval of the Joint Town Council/Board of Trustees meeting minutes from the following meetings: • August 8, 2022 Regular Meeting b. Consider approval of 22-51 for annual Boards and Commission appointments c. Consider approval of Resolution 22-43 for annual Boards and Commission appointments to the Westlake Academy Foundation Town Secretary Amy P/ukana and Executive Director of Westlake Academy Foundation Shelly Myers were present to answer questions. Ms Myers explained the applicant process noting two new applicants are being considered and have been recommended by the Westlake Academy Foundation Board. d. Consider adopting Ordinance No. 949 approving a negotiated settlement between Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid -Tex Division regarding the Company's 2021 Rate Review Filings and approving a settlement agreement with Rate Tariffs and Proof of Revenues and other documents connected to said Rate Proceedings Acting Town ManagerJarrod Greenwood noted this was provided by an attorney to ensure cities obtain a favorable rate with Atmos Gas rates. e. Consider approval of Resolution 22-54, authorizing the Town Manager to enter into agreement with Control Specialist Services, LP for the installation of the new pump and motor to replace pump number one at the existing pump station in an amount not to exceed $25,000 f. Consider approval of Resolution 22-55, authorizing the Town Manager to execute a lease with Spectrum Gulf Coast, LLC, Texas, to utilize Town owned telecommunications conduit (duct bank) along Pearson Lane, Aspen Lane and within The Westlake Ranch Development Assistant Town Manager Troy Meyer provided background information on this Item. TC/BOT Minutes — 08/29/2022 Page 3 of 7 g. Consider approval of Resolution 22-56, approving the Architectural Design Guidelines for Westlake Ranch h. Consider approval of Resolution 22-61 extending paid sick leave in the event of _ circumstances related to COVID-19 Director of Human Resources Sandy Garza provided an overview of the sick leave policy. She noted this provides a streamlined policy for both school and town staff. She explained this item is an extension of the sick leave policy adopted last year. i. Consider approval of Resolution 22-62 amending the reporting structure of the Town Secretary to the Town Council The Town Council discussed the reporting structure of the Town Secretary. Council Member Dasgupta stated she is opposed to restructuring the Town Secretary reporting structure. The Town Council discussed issues with past agenda items not being added to the agenda and the lack of Council involvement with the hiring and/or firing of former Town Secretary employees. After discussion, a motion was made by Mayor Pro Tem Quint to approve Consent items IIa. through Ili., as presented. Motion seconded by Council Member White. Motion approved by the following vote: In Favor., Quint, Greaves, White, Shiner Opposed. None Abstain. Dasgupta (Per City Ordinance, an abstention is recorded as a negative vote.) Motion approved by vote of 4-1, Dasgupta abstained due to item Ili. 11. REPORTS: Reports are prepared for informational purposes and will be accepted as presented. (there will be no presentations associated with the report items) There will be no separate discussion unless a Town Council Member requests that report be removed and considered separately None provided PUBLIC HEARINGS) 12. Conduct a public hearing and consider approval of Resolution 22-57 for a final plat of Lot 1, Block 1, Westlake Corners South Director of Planning Ron Ruthven briefed Town Council regarding this item noting a proposed 7-Eleven is being considered at this site. Mayor Kilbride opened the public hearing. No one was present to speak. Mayor Kilbride closed the public hearing. A motion was made by Mayor Pro Tem Quint, seconded by Council Member Shiner. Motion approved unanimously. 13. Conduct a public hearing and consider approval of Resolution 22-58 for a final plat of Westlake Ranch Addition TC/BOT Minutes — 08/29/2022 Page 4 of 7 Director of Planning Ron Ruthven briefed Town Council regarding this item, noting this is a final plat. Mayor Kilbride opened the public hearing. No one was present to speak. Mayor Kilbride closed the public hearing. A motion was made by Council Member Shiner, seconded by Council Member White. Motion approved unanimously. 14. Conduct a public hearing and consider adopting Ordinance 950 for the approval of the revised Town of Westlake Budget for Fiscal year ending September 30, 2023 including an Investment Policy, Pay Plan Policy, Fiscal and Budgetary Policies, Restricted Committed and Assigned Fund Balances and authorizing the Town Manager or Acting Town Manager to approve appropriated funds in an amount not to exceed $50,000 Director of Finance Amber Karkauskas briefed Town Council regarding this item. Ms. Karkauskas reviewed key budget highlights and noted all policies have been included with the budget submittal. Mayor Pro Tem Quint thanked staff for their efforts preparing the budget. Mayor Kilbride opened the public hearing. No one was present to speak. Mayor Kilbride closed the public hearing. Motion made by Mayor Pro Tem Quint to adopt Ordinance 950, as presented. Motion seconded by Council Member Greaves. Motion approved by the following roll call vote: In Favor., Greaves, Quint, Shiner, White Opposition: None Abstain; Dasgupta Motion passed by vote 4-1, (Per City Ordinance, an abstention is recorded as a negative vote.) 15. Conduct a public hearing and consider approval of Ordinance 951 Levying Municipal Ad Valorem (Property) Taxes for the 2022 Tax Year in accordance with the Fiscal Year 2023 Proposed Budget Director of Finance Amber Karkauskas briefed Town Council regarding this item. Mayor Kilbride opened the public hearing. No one was present to speak. Mayor Kilbride closed the public hearing. Motion made by Mayor Pro Tem Quint moved that the property tax rate be increased to the ad valorem (property) tax rate of $0.16788 per $100 of assessed valuation. Motion seconded by Council Member Greaves. Motion approved by the following vote: In Favor. Greaves, Quint, Shiner, White, Chandrika Opposition. None Abstain. None Motion passed by vote 5-a REGULAR AGENDA ITEMS) TC/BOT Minutes — 08/29/2022 Page 5 of 7 16. Consider approval of Resolution 22-59 to ratify the property tax increase as reflected in the FY 2023 Annual Operating and Capital Budget Director of Finance Amber Karkauskas briefed Town Council regarding this item. Motion made by Mayor Pro Tem Quint to approve Resolution 22-59, as presented. Motion seconded by Council Member Greaves. Motion approved unanimously. 17. Consider approval of Resolution 22-60 authorizing a negotiated amendment to the development agreement with LTF Real Estate Company, Inc. for 1R, Block 3 of Westlake/outhlake Park Addition Phase I and approving the park open space master plan located on Sam School Road Mayor Kilbride noted this item would be tabled to a future meeting. No action was taken on this item. 18. Receive a report on the condition of six portable buildings located on the Westlake Academy Campus at 2600 JT Ottinger Assistant Town Manager Troy Meyer and Deputy Fire Chief Jon Ard briefed Town Council regarding this item. Mr. Meyer summarized noting the portable buildings meet 2018 fire code, with two items needing correction: I) Exit sign needs to be replaced in classroom 5 and 2) the panic hardware from classroom 7-12, to ensure doors could be manually locked quickly from inside the classroom, noting thumb locks would be installed. Mr. Meyer stated Staff will correct both items in the next two -three weeks. Deputy Fire Chief Ard explained a second door for each classroom would only be needed if the occupancy load exceeds 50 or more. Mayor Kilbride thanked staff for the update. No action was taken on this item. 19. Consider adopting Ordinance 951 to Update the Solana Public Improvement District Service and Assessment Plan and Assessment Roll 2021 Acting Town Manager Jarrod Greenwood briefed Town Council, noting Mary Petty provided PID information earlier. He noted this item is reviewed annually, once approved, Tarrant County sends out assessment. Motion made by Mayor Pro Tem Quint, seconded by Council Member White to adopt Ordinance 951. Motion approved unanimously. 20. Consider adoption of Ordinance 952 amending and establishing a new Water and Wastewater Rate and Fee Schedule and repealing an Ordinance 917 Acting Town Manager Jarrod Greenwood explained Council has been briefed regarding this item and he is present to answer any questions. Motion made by Council Member Greaves to adopt Ordinance 952, as presented. Motion seconded by Council Member White. Motion approved unanimously. 21. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. TC/BOT Minutes — 08/29/2022 Page 6 of 7 No action taken. 22. COUNCIL RECAP/STAFF DIRECTION. Acting Town Manager stated he has two items listed, 1) Mr. Beaty to provide EB5 statement of Finance is needed next month; and 2) to add more language to Atmos item to provide clearer direction. Mayor Kilbride asked when Mr. Beaty will be present for a future briefing. Mr. Greenwood noted Mr Beaty would be present at the September 26, 2022, Town Council meeting. Mayor Kilbride asked when Mr. Beaty's permits will expire. Mr. Ruthven noted Mr. Beaty has two specific use permits that are active. He explained these are special zoning allowances that allow construction of repository and the condo building. He noted the ordinances have a one-year expiration which expire September27, 2022. Mayor Kilbride requested staff to provide a full hour to allow Mr. Beaty time to discuss the Entrada projects. Mr. Greenwood ensured he would provide the proper allotted time for Council to review. Council Member Greaves noted the Town has kept the tax rate the same, noting the wording indicates raising taxes, which is a formality requirement. 23. FUTURE AGENDA ITEMS: These items have been discussed by Town Council and scheduled to be placed on future Council Agendas allowing for adequate time for staff preparation on the agenda item. Future Agenda Items to be discussed: a. No items are scheduled for this meeting Future Agenda Items Already Discussed and Scheduled: a. Council discuss and consider requiring developers to post a Development/Performance Bond on large projects moving forward. (White 12/13/21). ➢ Scheduled for September 2022 agenda Council Member Greaves expressed his gratitude to Acting Town Manager Jarrod Greenwood for providing weekly Council updates. Mr. Greenwood thanked staff for their efforts to make this happen. 24. ADJOURNMENT — Mayor Kilbride adjourned the meeting at7:59 p.m. Signed by: Sean Kilbride, Mayor Attested by: Amy M. Piuk a, Town Secretary TC/50T Minutes — 08/29/2022 Page 7 of 7