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11-26-18 TC Min THE TOWN OF WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING November 26, 2018 PRESENT: Mayor Laura Wheat and Council Members Alesa Belvedere, Greg Goble, Carol Langdon, and Rick Rennhack. ABSENT: Michael Barrett 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, Building Official Pat Cooke, Development Coordinator Nick Ford, Director of Public Works Jarrod Greenwood, Finance Director Debbie Piper, Director of Facilities & Parks Troy Meyer, Communications Manager Jon Sasser, Director of Human Resources and Administrative Services Todd Wood, Director of Information Technology Jason Power, and Dr. Mechelle Bryson. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:05 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 11/26/18 Page 1 of 7 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. DISCUSSION ITEMS a. Presentation and discussion regarding the Fund Balance policy. Town Manager Brymer, Director Piper, and Director Greenwood provided a presentation and overview of the item. Discussion ensued regarding opportunities for investments, the proposed amendment, average number of days, timing of appropriation, addressing capital improvement plan items, and the volatility of town's main revenue stream. b. Presentation and discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. Director Greenwood provided a presentation and overview of the item. Discussion ensued regarding the proposed number of feet from the door, designated areas, banning smoking completely, reworking the definition of private club and amending the proposed ordinance to ban smoking within the Town. c. Standing Item: Presentation and discussion of development projects per Staff report October 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an overview of the following developments: Charles Schwab campus, including trail connectivity; the Knolls development, including the conservation area; the Quail Hollow development; and the proposed Spencer Ranch development. Mr. Mehrdad Moayedi provided an overview of the Entrada development. Director Meyer provided an update on the construction of the Fire Station. 5. EXECUTIVE SESSION 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: Town Council Minutes 11/26/18 Page 2 of 7 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 - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. 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: Short Term Rental regulations 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 - Town Manager search process 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION Move forward with the Fund Balance Policy as presented, adopting it in January. Amend the proposed Smoking ordinance to ban smoking with the only exception being private clubs and to adopt the ordinance in January. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 6:57 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:57 p.m. Town Council Minutes 11/26/18 Page 3 of 7 2. ITEMS OF COMMUNITY INTEREST: Manager Sasser provided an overview of the upcoming events. Mayor Wheat moved to item 4 of the agenda. 3. CITIZEN COMMENTS: 4. CONSENT AGENDA: a. Consider approval of the minutes from the meeting on October 29, 2018. b. Consider approval of Resolution 18-43, Approving the 2019 Meeting Schedule. c. Consider approval of Resolution 18-44, Approving the renewal of United Health Care as the Town's health and vision insurance carrier and approving renewal of Metlife as the Town's dental insurance carrier for the 2019 calendar year. d. Consider approval of Resolution 18-45, Adopting Town of Westlake's Legislative Priorities for the 2019 Texas Legislative Session. e. Consider approval of Resolution 18-46, Approving the acceptance of the generous gift to assist in funding of the PYP Science Programme, by the Davidson family in honor of their late son Sawyer Davidson. f. Consider approval of Resolution 18-47, Approving the naming of the PYP Science Lab as the Sawyer Davidson PYP Science Lab, in honor of Sawyer Davidson. Mayor Wheat pulled items e and f from the consent agenda for additional discussion. MOTION: Council Member Rennhack made a motion to approve items a-d of the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Director Meyer and Dr. Bryson provided an overview of the items e &f of the consent agenda. MOTION: Council Member Rennhack made a motion to approve items e-f of the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 11/26/18 Page 4 of 7 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 872, AMENDING ORDINANCE 855 CONDITIONS IN ORDER TO INCREASE THE MAXIMUM NUMBER OF CONDOMINIUM UNITS FROM 126 UNITS TO 150 UNITS AND TO MODIFY THE APPROVED SIZE AND BEDROOM DISTRIBUTION OF EACH UNIT. THE PROPERTY IS 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. Director Ruthven provided an overview of the item. Discussion ensued regarding the amendment, Plaza Mayor, cost per square foot, and retail components of the development. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Goble made a motion to approve Ordinance 872. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 6. EXECUTIVE SESSION Council convened into executive session at 7:17 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 - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. 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 Town Council Minutes 11/26/18 Page 5 of 7 Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Short Term Rental regulations 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 - Town Manager search process 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:47 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion to approve Resolution 18-48, approving an employment agreement with Mrs. Amanda DeGan as the incoming Town Manager, effective February 1, 2019, and with a revision to Section 9c as follows: If the Mayor acting on behalf the majority of the Town Council offers to accept the manager's resignation, the manager may accept such offer and her subsequent resignation shall be treated as termination, as per Section 10 of this agreement. Council Member Greg Goble. seconded the motion. The motion carried by a vote of 4-0. 9. FUTURE AGENDA ITEMS: No additional discussion required. Town Council Minutes 11/26/18 Page 6 of 7 10. 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 Goble seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:49 p.m. APPROVED BY THE TOWN COUNCIL ON DECEMBER 10, 2018. ATTEST: �%�.11�,.t;o Lau a Wheat, Mayor KellyEklo cuchr , Town Secretary Town Council Minutes 11/26/18 Page 7 of 7