Loading...
03-29-2021 Joint TC BOT MinTC/BOT Minutes – 03/29/21 Page 1 of 10 MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING March 29, 2021 In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy conducted a joint meeting at 6:30 p.m. on Monday, March 29, 2021 by video and telephone conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There was no public access to the physical location described above. A recording of the telephonic meeting was made and is available to the public. PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Alesa Belvedere, Rajiv Trivedi, Rick Rennhack, and Greg Goble. ABSENT: None. OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Attorney Stan Lowry, Town Secretary Todd Wood, Director of Finance Ginger Awtry, Director of Public Works & Facilities Troy Meyer, Director of Planning & Development Ron Ruthven, Director of Community Engagement Jon Sasser, Development Coordinator Nick Ford, Keller City Manager Mark Hafner, City of Keller Interim Fire Chief Shane Gainer, Grenada HOA President Vik Suresh, and Grenada HOA Board Member Brian Pierce. Executive Session 1. CALL TO ORDER Mayor Wheat called the Town Council/Board of Trustees meeting to order at 5:01 p.m. The Town Council/Board of Trustees recessed into Executive Session at 5:01 p.m. The Town Council/Board of Trustees reconvened at 6:40 p.m. Mayor Wheat indicated that there would be an action item for the Town Council. TC/BOT Minutes – 03/29/21 Page 2 of 10 MOTION: Mayor Wheat asked for a motion to approve Resolution 21-12 from Executive Session. Council Member Langdon made a motion to approve. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat called the Regular Session to order at 6:41 p.m. 2. CITIZEN COMMENTS Mayor Wheat provided a brief summary of instructions to the public for citizen comments. No one addressed the Town Council or Board of Trustees. 3. ITEMS OF COMMUNITY INTEREST Director of Community Engagement Jon Sasser provided an update on the following items: Town Hall and Westlake Academy Holiday Closure: Westlake Town Hall, Municipal Court, and Westlake Academy will be closed on Friday, April 2, 2021 in observance the Easter holiday. Coffee & Conversation with the Mayor: This will be resumed on Monday, April 5th, 2021; from 8:00 a.m. to 9:30 am at Sip Stir Coffee, located at 1301 Solana Blvd Suite 4105 Westlake, TX 76262. Gallery Night: The Westlake Academy Foundation will hold the Annual Gallery Night event, named “Rhinestones at the Ranch” and will be held on Saturday, April 10, 2021 at the Vaquero Club. RSVPs will be due by April 5, 2021. Early Voting: This will occur between April 19th through April 27th. The Town of Westlake has all of the information of early voting locations and the times that the polls will be open. Election Day will be on May 1, 2021, and due to construction, the polling location will be located in Building #1, Suite #1100. Roanoke Road Re-Pavement: This is a City of Keller project that began this week, located between Knox Road and Melody Lane. The project is expected to be completed on May 7th and may impact the residents of Stagecoach Hills and others who use this road. COVID-19 Vaccinations: COVID-19 vaccines are now available for all adults in the state of Texas, and information will be sent out in tomorrow’s version of the Westlake Wire. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. TC/BOT Minutes – 03/29/21 Page 3 of 10 a. Consider approval of the minutes from the Town Council meeting on November 30, 2020. b. Consideration of WA Resolution 21-08, authorizing the Town to enter into Joint Election Agreements with Tarrant and Denton Counties to conduct the General Election to be held on May 1, 2021. c. Consider approval of Resolution 21-09, continuing participation with the Atmos Cities Steering Committee and authorizing payment of five cents per capita to the Atmos Cities Steering Committee to fund regulatory and related activities related to Atmos Energy Corporation. Mayor Wheat then asked if any items from the consent agenda needed to be discussed separately. There was no request from the Town Council to discuss any consent agenda item separately. MOTION: Mayor Wheat then asked for a motion to approve the consent agenda. Council Member Rennhack made a motion to approve. Council Member Trivedi seconded the motion. The motion carried by a vote of 5-0. 5. PRESENTATION AND DISCUSSION REGARDING THE ANNUAL REPORT FROM THE KELLER POLICE DEPARTMENT RELATIVE TO POLICE SERVICES AND THE RACIAL PROFILING REPORT FOR THE TOWN OF WESTLAKE. City of Keller Police Chief Bradley Fortune presented this item. He began by stating that he looked forward to meeting everyone in person soon, as opportunities for interaction were limited in 2020. Chief Fortune began his presentation describing the department’s mission, values, policing philosophies, and performance measures. Chief Fortune then explained Westlake’s crime rate statistics, which were 3.72 per 1,000 in daytime population. He noted that this was an incredibly low crime rate, with only 48 Part 1 crimes occurring throughout the entire year. Of these crimes, 72% were property related and involved theft from construction sites and unsecured vehicles. The Keller Police Department has increased building checks and foot patrols in an effort to reduce these statistics even further. Chief Fortune then presented traffic safety statistics. From 2019 to 2020, there was 13.8% decrease in reportable crashes from 2019 (94) to 2020 (81), and a 33% decrease in overall crashes from 2019 (327) to 2020 (219). The top three (3) factors for crashes were explained, and the top three (3) locations for these crashes were shown to occur at Trophy Lake Drive and SH 114, Trophy Club Drive and SH 114, and US 377 and SH 170. Chief Fortune then illustrated a graph showing the impact of COVID-19 on traffic enforcement, when a directive was given to limit personal contact as much as possible by only initiating traffic stops for offences that would be considered major public safety violations. Normal operations were resumed on July 6, 2020, with the use of recommended Personal Protective Equipment (PPE) by officers. Chief Fortune then showed several slides using data from the North Central Texas Council of Governments (NCTCOG) and the Keller Police Department illustrating the average percentage change in vehicle volume on the freeways during 2020. The first three months showed a very nominal reduction; however, decreases spiked in April 2020 with a 28% reduction in volume, and 19% in May. The percentages were relatively consistent from June through December, with decreases ranging from 12% to 7% by month. During the TC/BOT Minutes – 03/29/21 Page 4 of 10 months where vehicle volume decreased the most, a corresponding increase in vehicle speeds also occurred. Vehicle accidents also decreased during this time, trending in a similar manner with traffic volume. However, the percentage of serious vehicle accidents increased, which is attributed to higher average vehicle speeds. Chief Fortune then explained the timeliness in service. Statistics showed that 911 calls were answered within 10 (ten) seconds 99% of the time, and appropriate emergency services were dispatched within 49 seconds when averaged. These statistics exceeded the department’s benchmark goals. Additionally, police response to Priority 1 calls averaged 3 minutes and twenty-seven seconds (3:27), and police patrol response to all calls averaged eleven minutes and six seconds (11:06). These statistics also exceeded the goal of four (4) minutes and fifteen (15) minutes, respectively. Chief Fortune stated that the main goal was to respect the time of citizens needing service, regardless of the priority of the call. Using survey data, the Keller Police Department exceeded expectations regarding care and professionalism (92.8%) and meeting or exceeding expectations (99%). Overall, 93.3% of respondents gave the Keller Police Department an overall rating of excellent, and 100% of Westlake residents felt safe walking alone at night. Chief Fortune emphasized that a major value of the department was that communication with residents by officers was extremely important. He then expressed the importance of “empathy in action” and the practice of “soft skills” in training, policies, and practices. Chief Fortune then explained the components of transparency, accountability, and input initiatives. Chief Fortune then provided the Racial Profiling Report to the Town Council. He stated that the comprehensive analysis of the data included in this report demonstrates that the Keller Police Department has complied with the Texas Racial Profiling Law and all of its requirements. He expressed appreciation for the interlocal partnerships with the Town of Westlake and other neighboring cities. Mayor Wheat thanked Chief Fortune, stating that he had gone above and beyond with the information that was shared. Council Member Rennhack asked Chief Fortune about the legality of golf carts on trails and within private gated neighborhoods. Chief Fortune replied that the presence of officers on bicycles can provide an increased presence on the trail system. He also noted that the enforceability of traffic stops in gated communities with private roads would be limited to offences contained in the Texas Penal Code (such as reckless driving) but would not include offenses under the Texas Transportation code related to speed. However, the Keller Police Department did have the ability to enforce of local ordinances. In conclusion, Mayor Wheat thanked Chief Fortune for the information that was presented. She then asked Director of Community Engagement Jon Sasser to provide the PowerPoint presentation in the upcoming Westlake Wire, as she felt that the Town was being well tended to by the Keller Police Department. Mr. Sasser stated that he would absolutely make this happen per Mayor Wheat’s request. TC/BOT Minutes – 03/29/21 Page 5 of 10 6. CONSIDER RESOLUTION 21-10, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF KELLER, TEXAS, FOR CONSOLIDATED FULL-TIME FIRE PROTECTION/PREVENTION AND EMERGENCY MEDICAL SERVICES; FOR A TERM OF SIXTEEN (16) MONTHS COMMENCING APRIL 1, 2021; TO INCLUDE AN EQUALLY SHARED FEASIBILITY STUDY REGARDING SAID CONSOLIDATED SERVICES; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL CONTRACT DOCUMENTS RELATING THERETO ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. Deputy Town Manager Noah Simon and Fire Chief Richard Whitten presented this item. Mr. Simon began by stating that The Town of Westlake and the City of Keller have had conversations regarding the possibility of consolidating their Fire/EMS Departments. This has not been approached as a cost-savings measure; rather, as a means to improve Public Safety services and position Westlake for future growth and development. Mr. Simon added that this is an opportunity for the two cities to become a leader in this area by creating new standards of excellence. Mr. Simon then stated that this resolution, if approved, would fund a feasibility study to assess a potential merger of the leadership teams. During the feasibility study, Westlake Fire Chief Richard Whitten would become the Fire Chief of both departments, and the Keller Battalion Chiefs would also integrate into Westlake. During this time, the departments would function collectively as a single department approximately for sixteen (16) months to determine if this proposal created more efficient and effective Fire/EMS services that would mutually benefit both communities. Mr. Simon noted that the same interlocal agreement was approved earlier this month by the Keller City Council unanimously. If this resolution is approved by the Westlake Town Council, the final scope of services would be finalized with the consultant, and both cities would embark on a new journey. This process would be thorough, transparent, and allow a unique opportunity for input from all stakeholders. Mr. Simon then asked Fire Chief Richard Whitten to present to the Town Council, noting that Keller City Manager Mark Hafner and Keller Acting Fire Chief Shane Gainer were also present to answer any questions. Fire Chief Richard Whitten began by stating that it was an honor to serve in these capacities. Chief Whitten then gave a brief summary on the progression of this initiative: • A meeting was held with each shift at the City of Keller, where information was presented. Staff were asked to review the information for one (1) to two (2) weeks, and additional conversations would occur in smaller groups to obtain feedback. These meetings have now occurred, where the Interlocal Agreement (ILA) was discussed, as well as the current status with the consultant. • Chief Whitten noted that the smaller group meetings were focused more on any personal concerns from employees of the Keller Fire Department, rather than what previously discussed in prior meetings. In some of these meetings, emotions were rather high at times, but the level of understanding and acceptance increased. Chief Whitted stated that this could be attributed to the natural emotions and anxiety that come with potential changes. Chief Whitten then noted that the small group meetings were very successful and effective to obtain clarity and perspective with employees within the department. • Chief Whitten explained that both departments have spent many years building their identities, and this was something that no one would be losing. His opinion was that this was an area that could be built upon for both communities, and that it would be possible that the consultant could conclude that this plan was not advisable for both TC/BOT Minutes – 03/29/21 Page 6 of 10 communities, although this would not be expected. However, the loss of identity between departments has been a common theme of concern but can be avoided. Keller City Manager Mark Hafner then addressed the Town Council, stating that he was a believer in regionalization; not only to reduce costs, but also because it was a good government practice. He noted that Chief Whitten was a great Fire Chief, and he felt that the two cities could do so much better for the public together and this was a great possibility to explore. Keller Deputy Fire Chief Shane Gainer then stated that he wanted to reiterate the statements made by Mr. Hafner, and there have been great learning opportunities that have already occurred. He then stated that he looked forward to the results of the feasibility study. Deputy Town Manager Noah Simon stated that the consultant that would be selected would be familiar will be with the two respective communities and would be objective in in any recommendation as to whether this would be a successful or not to both communities. MOTION: Mayor Pro-Tem Carol Langdon asked for a motion to approve Resolution 21-10, as Mayor Wheat experienced a temporary internet connection issue. Council Member Trivedi made a motion to approve. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. 7. DISCUSSION REGARDING GRANADA HOMEOWNERS' ASSOCIATION MAINTENANCE. Assistant Town Manager Jarrod Greenwood presented this item. He began by providing a historical context on this issue, as Town staff has met with the Grenada HOA regarding the level of landscaping and irrigation that is the responsibility of the Grenada HOA pertaining to the perimeter of the development. He then stated that the Grenada HOA has expressed concerns during the last few years of what was required based on the agreement that was entered into between the Town and the original developer of the Entrada development. These concerns have been mostly based on the extensive amount of landscaping area that they would be responsible for in relation to other neighborhoods. Mr. Greenwood then noted that staff had identified potential solutions that may be available to the HOA moving forward for their consideration. In September 2020, staff presented these solutions that could be available along the FM 1938 corridor, including providing water meters and shade structures by the Town. Additionally, this proposal included the Town providing the water for the ornamental fountain located at the trailhead and the water feature located at the corner of FM 1938 and Dove Road, as well as maintenance of the shade structures. Mr. Greenwood then noted that this item was simply a discussion, and no action could be taken without a public zoning hearing with public, a presentation to the Planning and Zoning Commission and the Town Council prior to approval. Additionally, this would require an amendment to the original developer’s agreement, which identified maintenance responsibilities and may require an additional economic development agreement. Grenada HOA Board Member Brian Pierce was then introduced to the Town Council for a presentation and thanked them for their time. He indicated that Mr. Greenwood framed up TC/BOT Minutes – 03/29/21 Page 7 of 10 this issue well, and these issues that he would be discussing preceded his tenure on the HOA Board. He then stated that he felt that it would be beneficial to simply walk the Town Council through the issues of concern. These issues included: • The developer did subpar work on infrastructure • The retention pond is not adequate • The irrigation system improperly configured, and is only installed for a single entrance and exit for the neighborhood, using substandard gate hardware and wiring • Developer made deal with Town to take care of common areas and parks surrounding the neighborhood • Taking care of thee “outside the walls of Granada” uses between 70%-80% of the HOA budget. Mr. Pierce then outlined to the Town Council what was Granada asking for. These items included the Town of Westlake taking over and/or fund the following: 3 • Watering and maintenance of common areas between the Granada wall, Dove Road, and Davis Boulevard, which includes irrigation, and landscaping • Responsibility for landscaping and maintenance outside the Granada wall, including park maintenance and the water feature at Dove Road and Davis Boulevard • Responsibility for landscaping and maintenance outside the Granada wall, including park maintenance at Dove Road and Solana • The Town of Westlake installs two (2) water meters to be installed that separates the irrigation outside and inside the walls of Granada Mr. Pierce then noted why the Grenada HOA was asking the Town of Westlake to undertake the projects. He stated the following points for this position: • Precedents set by Town in watering and maintaining other common areas for other communities (neighborhoods) • The parks are utilized by the residents of Westlake, not just Granada residents, and therefore should be owned and maintained by the Town • Granada is very concerned about potential liability of the parks, especially when not being utilized as a park inside the of Granada community. Grenada HOA President Vik Suresh then stated that the primary issue was the issue of irrigation and was concerned that the HOA would not be able to support the irrigation costs outside of the wall during the summer months. Currently, the Town has used a fire hydrant meter to supplement water pressure and reiterated that the main issues were irrigation and maintenance of common areas. Mr. Pierce and Mr. Suresh then thanked the Town Council for their time to listen to the concerns of the Grenada neighborhood. Mayor Wheat stated that the Town would get back to everyone on what the next steps would be. 8. CONSIDER APPROVAL OF ORDINANCE 924, AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE. TC/BOT Minutes – 03/29/21 Page 8 of 10 Deputy Town Manager Noah Simon presented this item. He explained that the restricted time service credit would allow employees to receive service credit for working in another governmental entity previously and would have no immediate cost to the Town if this provision were adopted. This provision could result in a very small financial impact in the future. MOTION: Mayor Wheat asked for a motion to approve Ordinance 924. Council Member Goble made a motion to approve. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-0. 9. CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE 925, APPROVING AMENDMENTS TO ORDINANCE 837 APPROVING A SITE PLAN FOR PD1-2 ZONING DISTRICT, KNOWN AS “WESTLAKE ENTRADA”. THE SITE IS LOCATED ON BLOCK “E”, WESTLAKE ENTRADA ADDITION ALONG COMILLAS DRIVE BETWEEN CORTES DRIVE AND GIRONA DRIVE. Director of Planning and Development Ron Ruthven presented this item. He began by showing a presentation from Centurion American, illustrating a proposed plan to reduce the lots on Block “E” from fourteen (14) to twelve (12) homes. The additional two (2) lots would then be converted to twelve (12) additional parking spaces and a small park. He then stated that staff recommended approval, with the condition that this space would be maintained by the HOA. He noted that this plan received approval by the Planning and Zoning Commission on March 8, 2021. Mayor Wheat opened the Public Hearing at 8:55 p.m. No one addressed the Town Council. Mayor Wheat closed the Public Hearing at 8:55 p.m. MOTION: Mayor Wheat asked for a motion to approve Ordinance 925. Council Member Rennhack made a motion to approve. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 9. EXECUTIVE SESSION: The Town Council/Board of Trustees convened into Executive Session at 9:41 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec 551.076 – Deliberation Regarding Security Devices or Security Audit to deliberate: (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit. TC/BOT Minutes – 03/29/21 Page 9 of 10 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: - Front 44 - Entrada - Project “YYZ” - Potential development on 55.12 acres located at Tracts 7C, 7F, 7G, 7H, 7L and 7M Abstract 648, William Huff Survey, Town of Westlake, Texas, and more generally located at the northeast corner of U.S. Highway 377 and State Highway 170. c. Section 551.071(2) Consultation with Attorney – to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. 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 e. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding BRS. 9. RECONVENE MEETING The Town Council/Board of Trustees reconvened into Regular Session at 10:14 p.m. 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. None. 11. COUNCIL RECAP/STAFF DIRECTION None. 12. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. None. OT 3o OT abed TZ/6Z/£0 — saanuiw 109/Ol 5d X 31 aoAeW '4eayM eaneq k21@Jaa unnol'pooM ppol , -% Gam1: :1s3LL`d TZOZ'61sngnV NO II:)NnO:) NMOI 3HIAS a3AO'dddd '3(3O:) 1N3WN'd3AO9 SVX31 3HI 30 LSO'TSS NOI1:)3S aNV 9LO'TSS H9f1O21H1 TLO'TSS SNOII33S N3(3Nn S3I21O93iv:) a311IW213d 3H13O 3NO NIHIIM SI II St/ 9NOI St/ NOISS3S 3AI n:)3X3 NI a3ssn:)sIa 39 a1f1O:) vaN39v a3lSOd SINI NO W31I ANV w-d -�T:0T qe bui4aaw ayq pauano[pe 4eauM JOA2W '0-S 3o a10n e Aq paiaaea uoigow aul •uopow aq4 papuoaas aIgoE) aagwaW IiaunoD buijaaw ay4 uano[pe 04 uoiJow e apew uopbue1 aagwaW 1iaunoD :NOIIOW tupaw ay4 uano[pe o4 uopow e aoj paNse 1eauM ao%eW 'saa4snal jo pa209 ao Iiauno:) umol ayq aaojaq ssouisnq aau)�nj ou 5upq aaayl 1N3WN,dnorad '£T aoAeW '4eayM eaneq k21@Jaa unnol'pooM ppol , -% Gam1: :1s3LL`d TZOZ'61sngnV NO II:)NnO:) NMOI 3HIAS a3AO'dddd '3(3O:) 1N3WN'd3AO9 SVX31 3HI 30 LSO'TSS NOI1:)3S aNV 9LO'TSS H9f1O21H1 TLO'TSS SNOII33S N3(3Nn S3I21O93iv:) a311IW213d 3H13O 3NO NIHIIM SI II St/ 9NOI St/ NOISS3S 3AI n:)3X3 NI a3ssn:)sIa 39 a1f1O:) vaN39v a3lSOd SINI NO W31I ANV w-d -�T:0T qe bui4aaw ayq pauano[pe 4eauM JOA2W '0-S 3o a10n e Aq paiaaea uoigow aul •uopow aq4 papuoaas aIgoE) aagwaW IiaunoD buijaaw ay4 uano[pe 04 uoiJow e apew uopbue1 aagwaW 1iaunoD :NOIIOW tupaw ay4 uano[pe o4 uopow e aoj paNse 1eauM ao%eW 'saa4snal jo pa209 ao Iiauno:) umol ayq aaojaq ssouisnq aau)�nj ou 5upq aaayl 1N3WN,dnorad '£T