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04-30-18 TC Min k�� MINUTES OF THE TOWN OF WESTLAKE,TEXAS TOWN COUNCIL MEETING April 30, 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 Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Director of Public Works Jarrod Greenwood, Development Coordinator Nick Ford, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, Director of Human Resources and Administrative Services Todd Wood, and Management Intern Kirk McDaniel. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:10 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 04/30/18 Page 1 of 10 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 including Capital Projects for the Quarter ended March 31, 2018. b. Report for the 2nd Quarter Performance Measures for the Fiscal Year ending September 30, 2018. S. DISCUSSION ITEMS a. Presentation and discussion regarding the Northwest Metroport Chamber of Commerce activities. Ms. Sally Aldridge provided a presentation and overview of the Chamber's activities. b. 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. Robin McCaffrey and Mr. Russell Tether provided a presentation and overview of the board's work related to the competition process. Discussion ensued regarding the link to the RFQ from the Town's website, artist presentation to Council, timing of the process, art not meeting the criteria, and the public input. c. Presentation and discussion regarding the Town of Westlake's proportional costs related to the engineering and construction of a regional 30"waterline by the City of Fort Worth and the Town's request for financial assistance from the Texas Water Development Board. Director Greenwood and Mr. Tom Lawrence, Lawrence Financial, provided a presentation and overview of the item. Discussion ensued regarding the bond issuance and the reimbursement resolution. Town Council Minutes 04/30/18 Page 2 of 10 — d. Standing Item: Presentation and discussion of development projects per Staff report March 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an overview of the following items: Charles Schwab: Significant progress on Phase I, expect a submittal for Phase II in the near future. Entrada: Blocks 3 & E residential homes are in framing, Block I repositioning utilities, restaurant row retaining wall, street signage, and lighting Quail Hollow: Completion of streets and residential construction Fire Station: Vertical construction. Providing a summary building activity in Vaquero. 6. EXECUTIVE SESSION Council convened into executive session at 6:06 p.m. "— The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada b. 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 c. 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 d. Section 551.071(2) — Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Town Council Minutes 04/30/18 Page 3 of 10 Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Property located on tract 3A and 3B Shelby Estates, specifically located on 4105 Aspen Lane. 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 6:58 p.m. S. COUNCIL RECAP / STAFF DIRECTION No additional direction 9. AD30URNMENT Mayor Wheat adjourned the work session at 6:59 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:59 p.m., with Council Member Rennhack absent. 2. COMMUNITY BEAM SIGNING OPPORTUNITY FOR THE NEW FIRE-EMS STATION NO. 1. Mayor Wheat welcomed all to proceed outside to sign the beam. 3. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events including the Teacher of the Year reception and National Day of Prayer. 4. CITIZEN COMMENTS Neil McNabnay, 1815 Broken Bend Drive, asked for a review of Ordinance 846 regarding building height. Town Council Minutes 04/30/18 Page 4 of 10 S. CONSENT AGENDA a. Consider approval of the minutes from the meeting on March 26, 2018. b. Consider approval of Ordinance 851, By Amending Chapter 74 titled Solid Waste by deleting Chapter 74, and replacing it with Chapter 74 Solid Waste. c. Consider approval of Resolution 18-14, Expressing Official Intent to Reimburse Costs of the Regional 30"Waterline Project to be Constructed by the City of Fort Worth. d. Consider approval of Resolution 18-15, Requesting Financial Assistance from the Texas Water Development Board; Authorizing the filing of an application for financial participation and designation of authorized representatives in connection therewith, to fund the Town of Westlake's proportional costs related to the Engineering and Construction of a regional 30"Waterline by the City of Fort Worth. e. Consider approval of Resolution 18-16, Authorizing the Town Manager to enter into a contract with P3 Works, LLC for public improvement District Administrator Services related to the Solana Public Improvement District. MOTION: Council Member Stoltenberg made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-17, APPROVING A REPLAT OF APPROXIMATELY 16.242 ACRES FOR THE PROPERTY LOCATED ON TRACT 3A AND 3B SHELBY ESTATES, ZONED R5, AND MORE SPECIFICALLY LOCATED ON 4105 ASPEN LANE. Director Ruthven provided an overview of the item. Discussion ensued regarding the deed restrictions. Attorney Lowry stated the Council is compelled to approve the plat pursuant to Chapter 212 of the Local Government Code and that they are not amending the deed restrictions. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve to approve the replat, Resolution 18-17, as it complies with the Town's subdivision requirements, but, the approval does not attempt to amend or remove any restrictive covenants. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 04/30/18 Page 5 of 10 7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-18, APPROVING A PARTIAL REPLAT AND VACATING PLAT OF APPROXIMATELY 75.210 ACRES FOR THE PROPERTY LOCATED ON LOT 1, BLOCK 3 WESTLAKE/SOUTHLAKE PARK ADDITION #1. Director Ruthven provided an overview of the item. Attorney Lowry stated the replat complies with the Town's subdivision requirements. Mayor Wheat opened the public hearing. Neil McNabnay, 1815 Broken Bend Drive, spoke regarding the purchase of lots on the Knoll ridge from Wilbow. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Resolution 18-18. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 852, AMENDING ORDINANCE 703 BY CHANGING THE REQUIREMENTS IN ARTICLE 1, SECTION 5.3 REGULATING PLANNED DEVELOPMENT SITE PLANS AND ARTICLE 2, SECTION 3 REGULATING RESIDENTIAL TO NON-RESIDENTIAL DEVELOPMENT RATIOS. Director Ruthven provided an overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Ordinance 852. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 04/30/18 Page 6 of 10 9. CONDUCT A PUBLIC HEARING CONSIDERATION OF ORDINANCE 853, APPROVING A SITE PLAN FOR AN APPROXIMATELY 2.070-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD SITE PLAN IS COMMONLY REFERRED TO AS THE WEDDING CHAPEL AND RECEPTION HALL TO BE LOCATED AT THE END OF TARRAGONA DRIVE. Coordinator Ford provided an overview of the item. Discussion ensued regarding maximum occupancy, hotel conference/event space, and that the chapel is non-denominational. Mike Beaty, Centurion America, spoke regarding the occupancy of the reception hall. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 853 to include the elevations as an exhibit and staff recommendations. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Mayor stated that due to a typo on the agenda regarding item 11, it would not acted upon, and the applicant requested they would like Council to open and postpone the public hearing and action for item 10 on the agenda. Mayor Wheat also stated that item 12 of the agenda, which was not heard by the Planning and Zoning Commission, would not be acted upon and postponed until the May meeting. Mayor Wheat opened the public hearings for items 10, 11 and 12 of the agenda. Neil McNabney, 1815 Broken Bend Drive, spoke in opposition of item 11. MOTION: Council Member Langdon made a motion to continue the Public Hearing for items 10, 11, and 12 of the agenda to May 21, 2018, meeting. Council Member Belvedere seconded the motion. — The motion carried by a vote of 4-0 Town Council Minutes 04/30/18 Page 7 of 10 10. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 854, APPROVING A SITE PLAN A SITE PLAN FOR AN APPROXIMATELY 5.806-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1- 2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD SITE PLAN IS COMMONLY REFERRED TO AS THE PLAZA MAYOR TO BE LOCATED NEAR CORTES DRIVE, COSTA BRAVA, AND GIRONA DRIVE. 11. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 855, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR 126 CONDOMINIUM UNITS TO BE LOCATED IN THE PLAZA MAYOR OF THE ENTRADA DEVELOPMENT GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD. Pursuant to LGC 211.07(b) the Town Council may not take action, however discussion may ensue, on item 11 of the agenda until the Planning and Zoning Commission makes a final recommendation. The Planning and Zoning Commission postponed this item during the April 16, 2018, meeting until May 14, 2018. 12. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE APPROVING A REZONING REQUEST FROM R5-COUNTRY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN APPROXIMATELY 37.798 ACRES LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE, TO INCLUDE PRIMARILY SINGE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR PRIVATE STREETS. 13. EXECUTIVE SESSION Council convened into executive session at 7:37 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - Charles Schwab - Project Pegasus - BRE Solana Town Council Minutes 04/30/18 Page 8 of 10 b. 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 c. 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 d. Section 551.071(2) — Consultation with City 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: Property located on tract 3A and 3B Shelby Estates, specifically located on 4105 Aspen Lane. 14. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:16 p.m. 15. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action necessary. 16. FUTURE AGENDA ITEMS Mayor Wheat a. Discuss the education of our community on the enforceability of Town ordinances within gated neighborhoods. Council Member Stoltenberg seconded this request to discuss item a during a future work session. b. Discussion regarding the permissible use and operation of golf carts. Council Member Barrett seconded this request to discuss item b during a future work session. Town Council Minutes 04/30/18 Page 9 of 10 17. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:17 p.m. APPROVED BY THE TOWN COUNCIL ON MAY 21, 2018. 1 ATTEST: . Laura Wheat, Mayor Kelli Edward , Town Secretary Town Council Minutes 04/30/18 Page 10 of 10