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01-29-18 TC Min • MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 29, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Carol Langdon, Rick Rennhack and Wayne Stoltenberg ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan' Town Secretary Kelly Edwards, Town Attorneys Stan Lowry and Cathy Cunningham, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Director of Public Works Jarrod Greenwood, Development Coordinator Nick Ford, Director of Finance Debbie Piper, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, and Director of Human Resources and Administrative Services Todd Wood. Work Session Mayor Wheat moved to the regular session at 6:57 p.m. 1. CALL TO ORDER Mayor Wheat called the work session to order at 7:46 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 01/29/18 Page 1 of 9 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. REPORTS a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2017. b. Report for the 1st Quarter Performance Measures for the Fiscal Year ending September 30, 2018. Assistant Town Manager DeGan provided an overview of the Performance Measures as presented. Director Ruthven provided additional information regarding permit fee revenue as presented in the Quarterly Dashboard. S. DISCUSSION ITEMS a. Presentation and discussion by Westlake Public Art Competition Advisory Committee Representatives regarding status of Public Art Request for Proposal process and work to date since the committee's appointment. Mr. Russell Tether and Mr. Robin McCaffery provided a presentation and overview of request for proposal. Discussion ensued regarding the funding of the honorarium, recognition of person or persons donating the honorarium, location and style of art, emerging artists, number of submissions, installation costs, artist profit, raising money, and next steps. b. Presentation and discussion of Chapter 46, Article VI, Tobacco Products, Smoking, and E-Cigarettes. Director Greenwood provided a historical overview of this item. Discussion ensued regarding smoking outside private clubs, becoming a non- smoking municipality, implementation, and enforcement. Council Member Langdon read two letters from residents who support creating a non-smoking ordinance. Town Council Minutes 01/29/18 Page 2 of 9 c. Presentation and discussion regarding the potential adoption of a Unified Development Code (UDC) for the Town of Westlake. Director Ruthven and Coordinator Ford provided a presentation and overview of the proposed UDC. d. Standing Item; Presentation and discussion of development projects per Staff report December 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided a presentation and overview of development projects. Discussion ensued regarding the follow projects: Entrada: Stone on the sales office, retail corner, reviewing new elevations of the tower, engineering of the tower, tracking commercial vs residential, condominiums, public improvements, pedestrian bridge, and filling the canal. Charles Schwab: Road in the campus, and tower cranes on site. Signal light at Davis Boulevard/FM 1938 and Dove Road. Adding Future development the report. 6. EXECUTIVE SESSION The Council convened into executive session at 9:26 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake 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 Town Council Minutes 01/29/18 Page 3 of 9 a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada - Project Blue Water - Project Eagle Powers c. Section 551.071 (2) Consultation with 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with 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: Water contract e. Section 551.071 (2) Consultation with 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: Solana Public Improvement District's Service and Assessment Plan f. Sec. 551.071. Consultation with Attorney (2) 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: Zoning and the Comprehensive Plan g. Sec. 551.071. Consultation with Attorney (2) 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: Waste (Trash) Ordinance 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:50 p.m. 8. COUNCIL RECAP / STAFF DIRECTION Staff to move forward with composing a non-smoking ordinance for review. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 9:50 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:57 p.m. Town Council Minutes 01/29/18 Page 4of9 2. ITEMS OF COMMUNITY INTEREST: Mayor Wheat read a proclamation recognizing and honoring Mr. Shane Massey for his heroic life-saving actions provided to Mr. Jon White. Director Awtry provided an overview of the upcoming events. 3. CITIZEN COMMENTS: No one addressed the Council. 4. CONSENT AGENDA: a. Consider approval of the minutes from the meeting on December 11, 2017. b. Consider approval of the minutes from the meeting on January 8, 2018. c. Consider approval of Resolution 18-01, Appointing new members to the Public Art Competition Advisory Committee board. d. Consider approval of Resolution 18-02, Appointing a new member to the Historical Preservation Society board. e. Consider approval of Resolution 18-03, Authorizing the Town Manager to execute a lease with Frontier to utilize town owned telecommunications conduit (Ductbank) to serve the Quail Hollow Residential development. f. Consider approval of Resolution 18-04, Authorizing the Town Manager to enter into an agreement with Terracon Consulting Engineers for construction materials testing and observation services for the Westlake Fire-EMS Fire House 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. g. Consider approval of Resolution 18-05, Authorizing the Town Manager to enter into an agreement with Precision Landscape Management to provide Landscaping service for the center median and the east side of FM 1938/ Davis Boulevard and to the north of Dove Road. Town Manager Brymer provided an overview of item c on the consent agenda. MOTION: Council Member Belvedere made a motion to approve the consent agenda. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 01/29/18 Page 5 of 9 S. CONDUCT A PUBLIC HEARING REGARDING THE LEVY OF ASSESSMENT WITHIN THE TOWN OF WESTLAKE SOLANA PUBLIC IMPROVEMENT DISTRICT, COMMONLY KNOWN AS ENTRADA DEVELOPMENT FOR IMPROVEMENT PROJECT B, THE PUBLIC PARKING GARAGE, IN THE AMOUNT OF $2,425,000. Mrs. Mary Petry and Mr. Abdi Yassin, MuniCap, provided an overview of the proposed assessment for Project B. Discussion ensued regarding the payments of the assessments, revisions made to the document, assessment map, item 7 regarding the reimbursement agreement, status and cost of the building permits, and surface parking. Mayor Wheat opened the public hearing. No one addressed the Council Mayor Wheat closed the public hearing. 6. DISCUSSION AND CONSIDERATION ORDINANCE 843, ACCEPTING AND APPROVING AN ANNUAL SERVICE PLAN UPDATE—ASSESSMENT PART B AND ASSESSMENT ROLLS FOR THE SOLANA PUBLIC IMPROVEMENT DISTRICT OF THE TOWN OF WESTLAKE. No additional discussion. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 843. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 7. DISCUSSION AND CONSIDERATION OF RESOLUTION 18-06, AUTHORIZING THE MAYOR TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH THE DEVELOPER OF TOWN OF WESTLAKE SOLANA PID, COMMONLY KNOWN AS ENTRADA DEVELOPMENT FOR CONSTRUCTION OF IMPROVEMENT PROJECT B, THE PUBLIC PARKING GARAGE, IN THE AMOUNT OF $2,425,000. No additional discussion. MOTION: Council Member Belvedere made a motion to approve Resolution 18-06. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 01/29/18 Page 6of9 8. DISCUSSION AND CONSIDERATION OF ORDINANCE 844, AMENDING CHAPTER 62, PLANNING, ARTICLE III, BY ADDING SEC. 62-58 COMPREHENSIVE PLAN IMPLEMENTATION, PROVIDING CLARIFICATION OF ZONING APPLICATION REQUIREMENTS THAT REQUIRE THE APPLICANT TO DEMONSTRATE COMPLIANCE WITH THE COMPREHENSIVE PLAN. Director Ruthven provided a presentation and overview of the item. Discussion ensued regarding the effect on future developments and the future adoption of a Building Quality Manual. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 844. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 9. DISCUSSION AND CONSIDERATION REGARDING THE APPOINTMENT OF A MEMBER AND THE APPOINTMENT OF AN ALTERNATE MEMBER TO THE PLANNING &ZONING COMMISSION. Town Manager Brymer provided a presentation and overview of the item, including information on a current Commissioner moving out of Westlake Discussion ensued regarding the possible appointment of an alternate member, having residents serve, filing any vacant alternate member seats, and Mrs. Joyce Baker serving as an alternate Commissioner. MOTION: Council Member Rennhack made a motion to approve the appointment of Alternate Commissioner Kraska to serve as a Planning & Zoning Commissioner. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Staff will advise Mr. Kraska on his duties and provide additional information to Mrs. Baker regarding the Commission. 10. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Town Council Minutes 01/29/18 Page 7of9 Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake 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: - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada - Project Blue Water - Project Eagle Powers c. Section 551.071 (2) Consultation with 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with 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: Water contract e. Section 551.071 (2) Consultation with 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: Solana Public Improvement District's Service and Assessment Plan f. Sec. 551.071. Consultation with Attorney (2) 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: Zoning and the Comprehensive Plan g. Sec. 551.071. Consultation with Attorney (2) 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: Waste (Trash) Ordinance 11. RECONVENE MEETING 12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 13. FUTURE AGENDA ITEMS: No additional discussion required. Town Council Minutes 01/29/18 Page 8 of 9 14. 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 Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 7:46 p.m. Mayor Wheat then moved to the Work Session. APPROVED BY THE TOWN COUNCIL ON FEBRUARY 26, 2018. ATTEST: 1ll Laura Wheat, Mayor Kelly Edwards Town Secretary Town Council Minutes 01/29/18 Page 9 of 9