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02-25-19 TC Min THE‘111 .111W TOWN OF WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING February 25, 2019 PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Michael Barrett, and Greg Goble. Rick Rennhack arrived at 5:15 ABSENT: Alesa Belvedere OTHERS PRESENT: Town Manager Amanda DeGan, Assistant to the Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Building Official Pat Cooke, Development Coordinator Nick Ford, Finance Director Debbie Piper, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, and Director of Human Resources and Administrative Services Todd Wood. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:11 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 02/25/19 Page 1 of 8 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. DISCUSSION ITEMS a. Presentation and discussion regarding a contract with N.G. Painting for repairs and repainting the 685,000-gallon ground storage tank and amending the adopted budget to provide funding. Director Greenwood provided an overview of the item. b. Presentation and discussion regarding the proposed amendment regarding Smoking. Director Greenwood provided an overview of the item with the revisions discussed at the November meeting. Discussion ensued regarding concerns for current businesses, proposed ordinance restrictions, enforcement, neighboring cities' regulations, and the possibility of phasing the ban. c. Presentation and discussion regarding the Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2018. Town Manager DeGan and Directors Piper and Greenwood provided a presentation and overview of the item. Discussion ensued restricting the CIP unfunded needs, academy capital projects, academy maintenance costs, conduit funds, the trail along Ottinger Road to cemetery, and priorities of projects. d. Presentation and discussion of our Legislative priorities for 2019 and any progress or discussions had to date regarding the 86th Legislative Session. Town Manager DeGan provided an overview of the item. Discussion ensued regarding the"Property Cap Bill"SB & HB 2, including SB 657, and SB 3. Town Council Minutes 02/25/19 Page 2 of 8 e. Standing Item: Presentation and discussion of development projects per Staff report January 2019, including an Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an overview of the following developments: Entrada: retail corner stone, Starbucks location, gas well pad site including the parking garage, residential buildings along the lakefront, reviewing of TxDOT curb cut for possible utility conflicts, and funding for enhancements of the TxDOT drive location. Schwab: the estimated completion of Phase I, staging for Phase II, and opening Phase I scheduled for fall 2019. Knolls: grading of roadways, detention pond, and the installation of fencing delineating the conservation area. 5. EXECUTIVE SESSION Council convened to into executive session at 6:15 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: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana 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 551.087 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: - BRE Solana e. 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 Council Minutes 02/25/19 Page 3 of 8 6. RECONVENE MEETING i Mayor Wheat reconvened the meeting at 7:36 p.m. 7. COUNCIL RECAP / STAFF DIRECTION Review of the CIP items, bids for CIP items, and allocating money to the conduit funds. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 7:37 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 7:37 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events. Town Manager DeGan reviewed options to move the first of the public hearing meetings regarding property tax. 3. CITIZEN COMMENTS David DeCovas, 2001 Holley Pkwy., Roanoke, spoke in opposition of the proposed Smoking ordinance. Anthony Ukperaj, 1149 Bandit Road, Keller, spoke in opposition of the proposed Smoking ordinance and harm it poses his business in Westlake. Neil McNaby, 1815 Broken Bend, would like to provide input regarding document dedicating the conservation area. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on January 28, 2018. b. Consider approval of Resolution 19-08, Authorizing the Town Manager to execute an agreement with the State of Texas for furnishing, installing, operation Town Council Minutes 02/25/19 Page 4 of 8 and maintenance of traffic signal preemption equipment on state highway rights- of-way. c. Consider approval of Resolution 19-09, authorizing the Town Manager to execute a contract with N.G. Painting for repairs and repainting of the 685,000- gallon ground storage tank and amending the adopted budget to provide funding. d. Consider approval of Resolution 19-10, Approving amendments to the Personnel Manual. e. Consider approval of Ordinance 880, Canceling the May 4, 2019, General Election and declaring each unopposed candidate elected to office. MOTION: Council Member Goble made a motion to approve the consent agenda. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 5. DISCUSSION AND CONSIDERATION OF ORDINANCE 877, AMENDING CHAPTER 46, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES, PROHIBITING SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE EXCEPT IN PRIVATE CLUBS. Discussion ensued regarding the exemption of specific locations such as established restaurants. Attorney Lowry stated that an exemption should be to exempt a classification of possible businesses. MOTION: Council Member Rennhack made a motion to table Ordinance 877 to the meeting on March 25, 2019. Council Member Goble seconded the motion. The motion carried by a vote of 4-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION 19-11, A FINAL PLAT FOR A 4.986-ACRE PORTION OF LAND GENERALLY LOCATED SOUTH OF HIGHWAY 114 AND EAST OF WESTLAKE PARKWAY, ALSO KNOWN AS FIDELITY INVESTMENTS ADDITION PHASE IV. Director Ruthven provided an overview of the item. Mayor Wheat opened the public hearing. No one addressed Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Resolution 19-11. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 02/25/19 Page 5 of 8 7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 878, AMENDING THE COMPREHENSIVE PLAN, ESTABLISHED BY ORDINANCE 747, ADDING PROVISIONS FOR URBAN LIGHTING ZONES. Director Ruthven and Mr. Robin McCaffery, Mesa Planning, provided a presentation and overview of the item. Discussion ensued regarding the proposed amendment and how current lighting would be updated throughout the town. Mayor Wheat opened the public hearing. No one addressed Council. Mayor Wheat closed the public hearing. MOTION: Council Member Goble made a motion to approve Ordinance 878. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 879, AMENDING CHAPTER 102, "ZONING"ARTICLE 6 "PERFORMANCE STANDARDS", DIVISION 2 "OUTDOOR LIGHTING", SECTIONS 102-206 THROUGH 102-240 BY PROVIDING FOR NEW DEFINITIONS AND NEW STANDARDS FOR OUTDOOR LIGHTING. Director Ruthven provided an overview of the item. Discussion ensued regarding percent of lighting that may be out of compliance with this amendment and the current lighting of Fidelity's parking garage. Mayor Wheat opened the public hearing. No one addressed Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 879. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 02/25/19 Page 6 of 8 Pursuant to LCG 211.007(b) The Town Council may not take action, however discussion may ensue, on Item 9 of the agenda until the Planning and Zoning Commission makes a final recommendation. The Planning and Zoning Commission postponed this item during the February 11, 2019, meeting until March 11, 2018. 9. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE APPROVING A ZONING CHANGE REQUEST FROM R-5 COUNTRY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN APPROXIMATELY 37.8-ACRE PORTION OF LAND GENERALLY LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE, TO INCLUDE PRIMARILY SINGLE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR PRIVATE STREETS. Town Manager DeGan stated there would be no presentation or overview of this item since it was tabled by the Planning and Zoning Commission but the Mayor would open the public hearing. Mayor Wheat opened the public hearing. No one addressed Council. Mayor Wheat asked for a motion to continue the public hearing. MOTION: Council Member Barrett made a motion to continue the public hearing at the March 25, 2019, meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 10. 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: a. 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 b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana 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 551.087 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 Town Council Minutes 02/25/19 Page 7 of 8 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: - BRE Solana e. 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 11. RECONVENE MEETING 12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 13. FUTURE AGENDA ITEMS No additional discussion required. 14. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Goble made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Council Member Rennhack adjourned the meeting at 8:20 p.m. APPROVED BY THE TOWN COUNCIL ON APRIL 22, 2019. ATTEST: ! -e_,6T, Laura Wheat, Mayor QUQ Kell Edwa , Town Secretary Town Council Minutes 02/25/19 Page 8 of 8