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05-24-2021 Joint TC BOT MinT H E T 0 W N O F WESTLAKE MINUTES OF THE JOINT TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING MAY 24, 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 5:30 p.m. on Monday, May 24, 2021. In order to advance the public health goal of promoting "social distancing" to slow the spread of the Coronavirus (COVID-19), there was limited public access to the physical location described above to thirty (30) seats for the public on a first -come, first -serve basis. A recording of this meeting was made and will be available to the public in accordance with the Open Meetings Act. PRESENT: Mayor/President Laura Wheat and Council/Board of Trustee Members Carol Langdon, Alesa Belvedere, Rajiv Trivedi, Chandrika Dasgupta and Anna White. ABSENT: None. OTHERS PRESENT: Town Manager/Superintendent Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Attorney Matthew Butler, Town Secretary Todd Wood, Director of Public Works & Facilities Troy Meyer, Director of Public Works and Facilities Ron Ruthven, Director Information Technology Jason Power, Fire Chief Richard Whitten, Finance Director Ginger Awtry, Human Resources Director Sandy Garza, Director of Community Engagement Jon Sasser, and Development Coordinator Nick Ford. Regular Session 1. CALL TO ORDER Mayor/President Wheat called the Joint Town Council and Board of Trustees meeting to order at 5:43 p.m. 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION AND REGOCOGNITION TO THOSE WHO HAVE SERVED ON TH E WESTLAKE TOWN COUNCIL. TC/BOT Minutes— 05/24/21 Page 1 of 9 Mayor Wheat began by stating that the first item on the agenda was to recognize members who have served the Westlake Town Council so honorably. She noted that Mr. Rick Rennhack and Mr. Greg Goble were present, and Mr. Michael Barrett would attend the June meeting. She stated that it has been an incredible honor to serve on the Town Council and Board of Trustees with Mr. Rennhack and Mr. Goble and recalled fond memories throughout the years regarding their service. Mayor Wheat then read a proclamation to Mr. Goble and Mr. Rennhack, and then presented them each with a token of appreciation. 4. CITIZEN COMMENTS This is an opportunity for citizens to address the Town Council/Board of Trustees on any matter, whether or not it is posted on the agenda. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council/Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council/Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Mrs. Beckie Fisher addressed the Town Council regarding concerns about Spencer Ranch, as it is adjacent to their property, and their desire to develop their property as a separate development. S. ITEMS OF COMMUNITY INTEREST Director of Community Engagement Jon Sasser provided an update on the following items: • May 251h Senior Parade: 5 p.m. at 1500 Solana Blvd Bldg. 7, Suite 7200 Westlake, TX 76262 (Parking Lot). This event will stream live on the Westlake Academy Facebook Page • May 27th Senior Banquet: 6 p.m. at The Bowden, located at 1775 Keller Pkwy, Keller, TX 76248. This event will stream live on the Westlake Academy Facebook Page. • May 29th Westlake Academy Graduation: 11 a.m. at Dr Pepper Ballpark, 7300 Roughriders Trail, Frisco, TX 75034 • May 315t Memorial Day: Town of Westlake, Municipal Court, & Westlake Academy all closed • June 3rd Spring Concert (Blue Clear Sky) 7 p.m. — 8 p.m. at 1300 Solana Blvd Westlake, TX 76262 • June 7th Coffee & Conversation: 8 a.m. - 9:30 a.m. at Sir Stir Coffee, located at 1300 Solana Blvd Westlake, TX 76262 TC/BOT Minutes— 05/24/21 Page 2 of 9 • June 7th School Board Meeting: 5 p.m. at 1500 Solana Blvd Bldg. 7, Suite 7200 Westlake, TX 76262 • June 9tn State of the Communities: 11 a.m. at the Speedway Club at Texas Motor Speedway 6. CONSENT AGENDA: All items listed below are considered routine by the Town Council and Board of Trustees 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. a. Consider approval of Resolution 21-17, authorizing the Town Manager to execute an agreement with Johnson Controls to update the Westlake Academy fire control systems and authorize the town manager to make funding changes not to exceed $25,000 on this project. b. Consider approval of Resolution 21-18, approving an Inter Local Agreement with Denton County providing for design and construction associated with Parish Lane North. MOTION: Council Member Belvedere made a motion to approve the consent agenda. Council Member White seconded the motion. The motion carried by a vote of 5-0. 7. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE 927, AMENDING ORDINANCE 906 APPROVING A SPECIFIC USE PERMIT (SUP) FOR 10 CONDOMINIUM UNITS IN THE PD1-2 ZONING DISTRICT, KNOWN AS "WESTLAKE ENTRADA". THE SITE IS LOCATED ON BLOCK N, WESTLAKE ENTRADA ADDITION, AT THE SOUTHEAST CORNER OF GIRONA DRIVE AND DAVIS BLVD. Director of Planning and Development Ron Ruthven introduced this item. He began by stating that the site plan and the Specific Use Permit (SUP) for Block "N" had been approved by the Town Council in January 2020. Mr. Ruthven then noted that the Entrada Development Regulations for the addition of condominiums a Specific Use Permit is required. This located in the Town's Zoning Regulations, Chapter 102 of the Code of Ordinances, where there is an automatic expiration provision for all SUPS regardless of the use. Therefore, the SUP authorizing the ten (10) condominiums automatically expired on January 27, 2021. The applicant has since reapplied for this SUP and has stated that the pandemic slowed progress on the project. Mr. Ruthven then noted that the application was the same as the first, containing same expiration provision, and staff recommended approval of the item. Mr. Ruthven then stated that he was happy to answer any questions. Mayor Wheat opened the Public Hearing at 6:06 p.m. No one addressed the Town Council. TC/BOT Minutes — 05/24/21 Page 3of9 Mayor Wheat closed the Public Hearing at 6:06 p.m. MOTION: Council Member Langdon made a motion to approve the consent agenda. Council Member Trivedi seconded the motion. The motion carried by a vote of 5-0. 8. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE 928, APPROVING PROPOSED AMENDMENTS TO ORDINANCE 882 APPROVING THE PD7 ZONING DISTRICT, KNOWN AS -SPENCER RANCH", LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE. Director of Planning and Development Ron Ruthven introduced this item. He began by stating that this item involves and amendment to the PD7 Zoning District, and has been requested by Pearson 35 Opportunities, LLC. The request involves amending the previously -approved 38 lots within the development to 32 lots. Mr. Ruthven stated that that while the plan is approved for 38 lots, the applicant does not control a 3 (three) acre portion of the originally proposed development. The request involves the following: • A reduction of the number of lots from 35 (previously 38) to 32 lots • Density would be reduced to 0.91 units per acre • Lots would increase to a minimum of 21,250 square feet • Homes would increase from a minimum of 3,000 square feet to 4,500 square feet • Architecture would change from a Tuscan/Mediterranean style to a "Modern Hill Country" style • Open Space would be reduced from 50.5% to 34.68% • The Guard House would be eliminated • The Clubhouse would be located in the front entry area. Mr. Ruthven stated that the developer has submitted plans for a "stub out" road, connecting to the Fisher property. Due to the opposition stated by the owners, staff recommends that this be treated as a stand-alone development (Phase I, 35 acres and Phase II, 3 acres). A letter of support has been received from Hillwood Properties, and several letters of opposition have also been received. The Planning & Zoning Commission voted to approve this item subject to staff recommendations on May 17, 2021 by a vote of 5-0. Mr. Ruthven then stated that due to the opposition that has been received, a supermajority vote (4 votes) would be required by the Town Council. It was clarified that the secondary entrance that has been proposed initially would be used for construction vehicles and would be primarily used for an emergency entrance, although this would not be limited for that use. The traffic impact analysis supports more than one (1) point of ingress and egress. Mr. Brian Elliott then addressed the Town Council. He thanked the Council for the opportunity to speak about Westlake Ranch and share their vision for the property. He stated that this would is a 35-acre plot on the southeast corner of Aspen Lane and Pearson Lane, consisting of 32 lots, ranging from 0.5 acres to 0.75 acres in size. This would be a Micro -club community that would feature amenities including community walking paths, a fishing pond, two parks, a concierge -level clubhouse and two electronically -controlled gates. Mr. Elliott then noted that this would be a Micro -club Community that would feature amenities typically found in much larger developments. He stated that since the Fisher property would be developed separately, a request is being TC/60T Minutes— 05/24/21 Page 4of9 Mayor Wheat closed the Public Hearing at 6:57 p.m. MOTION: Council Member Trivedi made a motion to approve the Ordinance 928, with the provision that the Aspen Lane ingress and egress would be limited to residents and service vehicles during the restricted hours of 7:30 a.m. — 3:30 p.m. Council Member Dasgupta seconded the motion. The motion carried by a vote of 5-0. 9. PRESENTATION AND DISCUSSION REGARDING THE COVID-19 PANDEMIC, INCLUDING UPDATES AND RECOMMENDATIONS ON MUNICIPAL AND ACADEMIC OPERATIONS. Town Manager/Superintendent Amanda DeGan presented this item. She began by stating that issues related to COVID have been relatively quiet recently in regard to municipal and academic operations. She noted that the Governor had recently released an updated directive that limited the wearing of face masks in municipalities and schools. She noted that this mandate was issued last Wednesday, and it was decided to finish the school year under the current protocols. Mrs. DeGan then stated that staff was hopeful that there would be no restrictions in place when school opens in the fall, and staff is working on updating these protocols that will be brought back to the Town Council and Board of Trustees. Deputy Town Manager Noah Simon then stated that the COVID response team met last week and finished approximately five (5) to (six) items in the plan related to protocols and several additional items would be completed in two (2) weeks. The Governor's directive was released after significant work had already been completed on the plan, requiring some protocols to be examined and/or amended. 10. PRESENTATION AND DISCUSSION REGARDING FM 1938. Mayor Wheat presented this item. She read the following statement: "For several years, the Town of Westlake has declined the construction of an additional Intersection on FM 1938 for a proposed development in Southlake. This intersection would cut into a structural retaining wall less than 700 feet to the southernmost entrance to the Quail Hollow development in Westlake. The first inquiry to gain access to FM 1938 were made by the Southlake property owner. After Westlake exercised its legal right to deny the request, the City of Southlake picked up the cause on behalf of the private developer. It is important to note that subject property already has access to a publicly -accessible street, and why the City of Southlake has taken up the cause for a private developer who has public street access is unclear. However, the City of Southlake has stated that the street is bordered by signifIcant sections of trees that have been in place for years, and if an effort is made to significantly widen Maranatha Way to the north, it is likely that the City of Southlake will engage in litigation with various property owners due to the need to clear trees and invade property that has not been previously used as a roadway. Out of mutual respect for so vereign boundaries, the Town of Westlake had hoped that a simple denial of this roadway construction would be sufficient, However, the City of Southlake did not accept "no "and filed what the Town of Westlake believes TC/BOT Minutes — 05/24/21 Page 6 of 9 is an illegal eminent domain action to take property located inside the Town of Westlake, This "taking"appears to be nothing short of an attempted annexation, and the Town of Westlake is doing everything that it can to prevent this from happening. Specially, the Town of Westlake is doing everything possible to prevent the City ofSouthlake from building a new intersection in Westlake on FM 1938, without Westlake's permission. It should go without saying that the Town of Westlake has an interest in limiting the number of intersections on a busy street within its own Town limits FM 1938 is an arterial street with limited access and should remain that way. Ironically, the City of Southlake's own thoroughfare plan also characterizes FM 1938 as a "highly -controlled access arterial': Construction at that intersection would be in violation of Westlake's Access Management Ordinance. The design and construction of FM 1938 was a multi - jurisdictional design project that included Westlake, South/ake, Keller, and Tarrant County. At o time during this collaborative effort, did South/ake ever propose a drive approach to the subject property. Therefore, FM 1938 was designed without that access. Being in Westlake and owned by the Town, Westlake is obligated to maintain and monitor the structural retaining wall adjacent to the roadway at that location to ensure the structural integrity of the roadway. South/ake fails to acknowledge the engineering challenges caused by design alterations or modiFcatlons to the retaining wall, and Westlake s ownership and responsibility to maintain it. State law says that municipalities have exclusive control over the streets within its jurisdiction. With this illegal plan to take this property, South/ake disregards that state law and Westlake's sovereign authority. In West/ake's view, Southlake simply cannot use the power of eminent domain to construct a roadway in violation of the law, or for the benefit ofa private property o wner. In an open meeting South/ake'7 Mayor actually suggested that the developer should simply build the intersection in Westlake without permission, and make Westlake stop them. All of this is incredibly disappointing, and we are working hard to ensure this issue is resolved in our favor, so we can get back to the business of being good neighbors " Mayor Wheat asked if she could answer any questions. No questions were asked. 11. EXECUTIVE SESSION: The Town Council/Board of Trustees convened into Executive Session at 7:14 p.m. The Town Council/Board of Trustees 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: - Front 44 TC/BOT Minutes — 05/24/21 Page 7 of 9 - Entrada PD7 (Spencer Ranch) b. 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. c. Section 551.071(2) — Consultation with Town 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: Resolution No. 00-19, a Contract with Hillwood Development Corporation concerning the Design Engineering and Construction of the West Side Pump Station and the Dove Road Waterline. d. Section 551.071- Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding BRS. e. Section 551.071 - Consultation with Attorney - to seek advice of counsel regarding Granada Homeowners' Association and ACC matters. f. Section 551.073 - Deliberations Regarding Gifts and Donations. g. Section 551. 074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee. 12. RECONVENE MEETING The Town Council/Board of Trustees reconvened into Regular Session at 8:40 p.m. 13. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. None. 14. COUNCIL RECAP/STAFF DIRECTION None. 15. FUTURE AGENDA ITEMS: Any Town Council or Board of Trustees member may request at a meeting, under "Future Agenda Item Requests" for an agenda item for a future Town Council/Board of Trustees meeting. The Council Member making the request will contact the Town Manager/Superintendent 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 and/or Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Council or Board discussion. If the requesting Council/Board Member receives a second, the Town Manager/Superintendent will place the item on the Town Council/Board of Trustees agenda calendar allowing for adequate time for staff preparation on the agenda item. None. 16. ADJOURNMENT TC/BOT Minutes— 05/24/21 Page 8of9 There being no further business before the Town Council or Board of Trustees, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Dasgupta seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 8:44 p.m. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. APPROVED BYTHE TOWN COUNCIL ON SEPTEM BER 27, 2021. ATTEST:'�� Laura Wchat, Mayor lr% Tq d Wood, Town Secretary TC/130T Minutes — 05/24/21 Page 9of9