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05-20-19 TC Min THE TOWN OF WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 20, 2019 PRESENT: Mayor Laura Wheat and Council Members Alesa Belvedere, Rick Rennhack, and Greg Goble. ABSENT: Council Members Carol Langdon and Michael Barrett OTHERS PRESENT: Assistant Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Deputy Town Manager Noah Simon, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Building Official Pat Cooke, Director of Planning & Development Ron Ruthven, Development Coordinator Nick Ford, Finance Director Debbie Piper, Director of Facilities & Public Works 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. Special 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 05/20/19 Page 1 of 6 3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. Mayor Wheat administered the Oath of Office to Council Members Goble and Rennhack. 4. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE. Discussion ensued regarding nominating Council Member Langdon to serve as Mayor Pro Tempore. MOTION: Council Member Belvedere made a motion to elect Council Member Langdon. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. 5. ADJOURNMENT MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Goble seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the special session at 5:13 p.m. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:15 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Assistant Greenwood provided an overview of the Ductbank agreement. 3. DISCUSSION ITEMS a. Discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. Assistant Greenwood and Deputy Simon provided an overview on the various proposals as discussed. Discussion ensued regarding the definition of designated area, designating a percentage of space per category, staff discussions with current businesses, Town Council Minutes 05/20/19 Page 2 of 6 surrounding community's ordinances, and requiring ventilation systems for indoor areas. b. StandingItem: Presentation and discussion of development projects per Staff Report April 2019 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an overview of the following: Entrada: Construction of the retail corner including the bell tower, retail tenants submitting plans, permitting issues, the exclusion of performance measures in the developers agreement, development financing model, construction of the chapel and reception hall, relocation of the Atmos gas line, service road along State Highway 114, moving the berms closer to State Highway 114, possibly removing the hotel from the Plaza Mayor, and review of Plaza Mayor permit Schwab: Tentatively issuing the Certificate of Occupancy fall 2019, the intersection at Schwab Way and Trophy Lake Drive, and development of Hillwood's Front 44 area. 4. 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 (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 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: - BRE Solana - Waterside Land Company LLC 5. RECONVENE MEETING Town Council Minutes 05/20/19 Page 3 of 6 6. COUNCIL RECAP / STAFF DIRECTION Update the propose Smoking ordinance as discussed during the work session. 7. ADJOURNMENT Mayor Wheat adjourned the work session at 6:26 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:34 p.m. 2. ITEMS OF COMMUNITY INTEREST 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 April 22, 2019. b. Consider approval of Resolution 19-18, Authorizing the Town Manager to execute Amendment #1 to the lease with MClmetro Access Transmission Services LLC, to utilize Town owned telecommunications conduit (ductbank). 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 3-0. 5. DISCUSSION AND CONSIDERATION OF ORDINANCE 882, APPROVING A REZONING REQUEST FROM R5-COUNTRY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR APPROXIMATELY 37.798 ACRES 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 Council Minutes 05/20/19 Page 4 of 6 Director Ruthven provided a presentation and overview of the item. Mr. Robin McCaffery, Mesa Planning, provided an overview of the development, how the development preserves property value, demand and land supply, and the public open space. Discussion ensued regarding the setbacks, lots along the Vaquero Golf Club, primary and secondary structure locations, topography and the tree line along the golf course, and Master Builder commitment. Mr. Paul Pastore, Waterside Land Company, Mr. Clay Nelson, CA Nelson Architects, Mr. Rich DeOtte, DeOtte Engineering, provided a presentation and overview of the proposed 38 lot development. Discussion ensued regarding the difference between a single source builder system and a volume builder, the build process, concierge service for residents, height restrictions, benching lots, not marketing to younger families, a majority of empty nesters showing interest in the development, and meetings with Vaquero regarding landscaping along the joint property line. Mayor Wheat opened the public hearing David Elmer, 2017 Banner Drive, Keller, spoke in favor of the item. Marcus Novacheck, 1409 Post Oak Place, spoke in opposition to the item. Mayor Wheat closed the public hearing. Mr. Paul Pastore, Waterside Land Company, addressed some of the concerns during the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 882. Council Member Goble seconded the motion. Council Member Belvedere asked the developer about their assurances and understanding of that property being zoning as a planned development. The motion carried by a vote of 3-0. 6. 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 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Town Council Minutes 05/20/19 Page 5 of 6 Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 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: - BRE Solana - Waterside Land Company LLC 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS No additional discussion required. 10. 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 Goble seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 8:34 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 17, 2019. ATTEST: //i.!C/% Laura Wheat, Mayor aLLMC12-r- Kelly Ed , Town Secretary Town Council Minutes 05/20/19 Page 6 of 6