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HomeMy WebLinkAbout03-25-13 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL MEETING AGENDA March 25, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM Workshop Session: 5 :00 p.m. Regular Session: 6:30 p.m. Page 2 of 4 Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE MARCH 25, 2013, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. DISCUSSION AND PRESENTATION BY SUSAN WALKER FROM SENATOR KELLY HANCOCK’S OFFICE. (10 min) 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Mr. Mark McDaniel will present and ICMA Award regarding Community Sustainability that recognizes innovative local government programs or processes that creatively balance a community's social, economic, environmental, and cultural needs. Arbor Day Proclamation Page 3 of 4 3. 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. a. Consider approval of the minutes from the meeting held on December 3, 2012. b. Consider approval of the minutes from the meeting held on December 7, 2012. c. Consider approval of the minutes from the meeting held on February 25, 2013. d. Consider approval of Ordinance 698, Expanding the School Zone. e. Consider approval of Resolution 13-10, Appointing a member to the Historical Preservation Society. 4. CONSIDER APPROVAL OF ORDINANCE 699, AMENDING THE WATER AND WASTEWATER RATES. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: 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 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. 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. 9. STRATEGIC ISSUES CALENDAR 10. COUNCIL CALENDAR Page 4 of 4 11. ADJOURNMENT 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. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, March 20, 2013 by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 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. a. Consider approval of the minutes from the meeting held on December 3, 2012. b. Consider approval of the minutes from the meeting held on December 7, 2012. c. Consider approval of the minutes from the meeting held on February 25, 2013. d. Consider approval of Ordinance 698, Expanding the School Zone. e. Consider approval of Resolution 13-10, Appointing a member to the Historical Preservation Society. Town of Westlake Item # 3 – Review of Consent Agenda Items Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, March 25, 2013 TOPIC: Discussion and Presentation by Susan Walker from Senator Kelly Hancock’s Office. STAFF CONTACT: Amanda DeGan, Assistant to the Town Manager DECISION POINTS Start Date Completion Date Timeframe: March 25, 2013 March 25, 2013 Funding: Amount - $0.00 Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance N/A N/A Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Senator Kelly Hancock was elected to the Texas Senate in 2012 having served three previous terms as a state representative. He supports the concepts of limited government, low taxes and family values. As we move through another legislative session, his office has asked to appear before the Council to discuss items of interest to Westlake and introduce themselves to our elected officials. A copy of the Westlake legislative agenda approved by the Town Council in December of 2012 has been attached for yo ur review. ORGANIZATIONAL HISTORY/RECOMMENDATION 0T ATTACHMENTS Westlake Legislative Agenda TOWN OF WESTLAKE RESOLUTION NO. 12 -40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, PROVIDING FOR LEGISLATIVE AGENDA GUIDELINES AND STATEMENTS OF SUPPORT RELATIVE TO THE 83PD LEGISLATIVE SESSION. WHEREAS, the Town of Westlake desires to promote a broad legislative platform for the coming $3`d Legislative Session; and WHEREAS, the Town Council desires to provide staff with guidelines through which to monitor legislation favorable to the Town of Westlake; and WHEREAS, the Town Council opposes any legislation that reduces local control or compromises our ability to govern our local municipality; and WHEREAS, the Town Council further supports expanded funding efforts for public education; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS; SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the proposed legislative agenda guidelines shown as Exhibit "A ", SECTION 3: if any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12 -40 Pagel of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 1OT' -' DAY OF DECEMBER, 2012. ATTEST: Kelly dwards own Secretary APPROVED AS TO FORM: L. Stanton Lowry, n tt ey lzatx::' W4't Laura eat, Mayor Tom Bryme own Manager Resolution 1240 Page 2 of 3 Exhibit "A" — 2012 Legislative Agenda for the Town of Westlake Municipal Services As local government is also a major component of the 'engine' that drives economic development in Texas, we support the passage of a resolution and an agenda, which encourages our State legislative delegation to preserve and enhance our cities' critical role in providing for robust economic growth by: Strengthening cities' ability to deliver high quality basic services, as well as incent job growth by preserving local revenue sources, including sales tax and ad valorem tax income streams. General opposition to any measure which reduces local governmental authority and control over the municipality. Preserving land acquisition abilities for cities so they can deliver essential services. Building a competitive 21 st century work force to continue to fuel Texas' economic development performance by restoring and enhancing public education funding. Maintaining cities' ability to plan their communities in an orderly, thoughtful fashion as well as invest in infrastructure and provide essential services. Educational Services The Town of Westlake through our ownership of Westlake Academy is a supporting member of the Texas Charter School Association's (TCSA) lawsuit to expand funding opportunities for our students in charter schools. As such, we support any Legislation that proposes that charter schools should receive equal funding to that of traditional public schools and that they also be eligible for similar adjustments and financially beneficial opportunities. Below are general statements from the TCSA and supporting charter school agencies, to include in a platform of legislative support for Westlake Academy: All public schools in the State should be better funded The Legislature should consider the long term consequences of underfunding public education and its effect on communities and business; as well as the future development of our workforce population. The linkage between a strong local economy and workforce development is integral to our future. Support any legislation that lifts or extends the current cap on open - enrollment charters to meet the growing demand for high quality charter school education. Start-up and expansion funding should be equally available for charter schools as for traditional public schools. Support legislation that advocates performance measuring systems for all public schools according to the appropriate circumstances, For instance: Must directly match the school's mission and values. Must take into account the population being evaluated. Consider the prospect of a value added measure to more accurately measure student learning gains over time. Resolution 12 -40 Page 3 of 3 EXECUTIVE SESSION a. 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 Town of Westlake Item # 5 – Executive Session Town of Westlake Item # 6 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. 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 Town of Westlake Item # 7 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #8 Council Recap / Staff Direction Town of Westlake Item # 9 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Mr. Mark McDaniel will present and ICMA Award regarding Community Sustainability that recognizes innovative local government programs or processes that creatively balance a community's social, economic, environmental, and cultural needs. Arbor Day Proclamation Town of Westlake Item # 2 – Citizen’s Presentations and recognitions Town of Westlake Proclamation WHEREAS: in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS: Arbor Day is now observed throughout the nation and the world; and WHEREAS: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS: trees, wherever they are planted, are a source of joy and spiritual renewal; and NOW, THEREFORE, I, Laura Wheat, Mayor of the Town of Westlake, do hereby proclaim April 20, 2013, as: Arbor Day in the Town of Westlake, Texas , and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the Town of Westlake, Texas to be affixed this 25th day of March, 2013. _________________________________ Laura Wheat, Mayor a. Consider approval of the minutes from the meeting held on December 3, 2012. b. Consider approval of the minutes from the meeting held on December 7, 2012. c. Consider approval of the minutes from the meeting held on February 25, 2013. d. Consider approval of Ordinance 698, Expanding the School Zone. e. Consider approval of Resolution 13-10, Appointing a member to the Historical Preservation Society. Town of Westlake Item # 3 – Discussion of Consent items Town Council Minutes 12/03/12 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL SPECIAL MEETING December 3, 2012 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol Langdon and David Levitan. ABSENT: Rick Rennhack OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Communications & Community Affairs Director Ginger Awtry, and Management Intern Alora Wachholz. Special Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 6:46 p.m. 2. PRESENTATION AND DISCUSSION REGARDING COMMUNITY SAFETY EFFORTS, RECENT BURGLARY ACTIVITY, AND POLICE SERVICES. Mayor Wheat addressed the residents on the burglary activity over the Thanksgiving holiday and apologized for the recent events. Town Manager Brymer provided an overview of the updates the Town has provided since the Glenwyck Home Owners Association (HOA) meeting. Assistant to the Town Manager DeGan provided an overview of the Glenwyck HOA meeting, the timeline of burglaries and the communications which have been provided to residents this past week by residential email blast and the Town’s website. Town Staff and the Keller Police Department identified the following areas for improvement: Town Council Minutes 12/03/12 Page 2 of 3 - The Keller Police Department is determined to work with the HOAs on the best practices on how to allocate coverage during holidays. - Encourage residents to complete the police department vacation form when traveling. - Create and schedule a task meeting with various residents to address additional safety items such as lighting, closing the park a dusk and other crime preventative measures. - Part 1 crimes, such as burglaries, will necessitate an immediate response and notification to residents by municipal staff. - Continue to encourage residents that the police department is available to assist residents to implement new or additional options of securing their homes. - Proactively looks for ways to address future safety concerns. Keller Police Chief Mark Hafner, addressed the Council on the recent burglaries. Chief Hanfer provided an overview of the number of burglaries, subdivisions affected, that the department believes this group targeted an affluent community, the various options and services that residents can implement to provide additional security for their residencies, and the additional agencies that they are working with the department to solve these recent burglaries. 3. CITIZEN PRESENTATIONS AND RECOGNITIONS Mr. Mike Mauler, 1855 Broken Bend Drive, Westlake, stated his concerns regarding the posting open meetings notification requirements, his thoughts that this type of event constitutes an emergency and the amount of time that lapsed from the events and to notification of residents. Renee Hinterlong, 1700 Wisteria Way, Westlake, concerned regarding the night sky ordinance and would like to know if the Council would consider amending the ordinance to provide additional lighting in various areas. Juan Fontanos, 1845 Broken Bend Drive, Westlake, commented on the reconciliation regarding the call times, stated his concerns regarding these events, the impact on residents, and that he would like the Town Council to make this a signature effort to improve and restore security and confidence to the residents. Allan Werst, 4035 Aspen Lane, Westlake, encouraged residents not to let their guard down due to the fact they live in gated communities, to be diligent regarding their surroundings and would like to see the Town Marshal’s car used for additional patrolling. Chris Jeppesen, 2008 Wood Thrush Court, Westlake, concerned that the HOAs are not communicating incident information; and asked what the Town and Keller Police Department what has been done since the incidents reported in July. Town Council Minutes 12/03/12 Page 3 of 3 Barbara Lekkos, 1109 Post Oak Place, Westlake, stated she is a victim and has not felt safe since the burglaries and believes one reason she feels unsafe is due to the lighting within the Town. Rajai Trivedi, 2203 Vaquero Boulevard, asked what the Town and the police department have planned to prevent these same types of events during the next holiday and future plans to increase patrols. Chief Hafner encouraged residents to call 911 and or the non-emergency numbers should they have any concerns or see suspicious activity, encouraged residents to leave lights on and submit vacation notifications to the police department. Town Manager Brymer would like to set up a HOA and Town community task force to address resident’s safety concerns and the police level of services provided by the Keller Police Department. 4. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 7:47 p.m. APPROVED BY THE TOWN COUNCIL ON MARCH 25, 2013. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 12/07/12 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL SPECIAL MEETING December 7, 2012 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol Langdon, David Levitan and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards , Facilities and Recreation Director Troy Meyer, Communications & Community Affairs Director Ginger Awtry, and Management Intern Alora Wachholz. Special Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 4:12 p.m. 2. DISCUSSION AND POSSIBLE ACTION REGARDING LIGHTING AT GLENWYCK PARK. Facilities and Recreation Director Meyer and Assistant to the Town Manager DeGan provided a presentation, map and overview of the lighting options for Glenwyck park. Discussion ensued regarding the various types of motion sensors, the possibility of setting park hours, installation of cameras within the park, costs of cameras and lighting, bollard and pole lighting structures, the possibility of establishing lighting standards for parks, and that a TASK force meeting has been set for next week. Chief Mark Hafner provided an update on the actions the Keller Police Department have taken such as officers have met with fifteen (15) homeowners to suggest how they may improve their security, still working with victims, checking pawn shops daily, checking Town Council Minutes 12/07/12 Page 2 of 2 license plates of all vehicles stopped in Westlake, trying to enhance facial recognitions of the video tapes, and possibility of working with Tarrant County Crime Stoppers, Direction from the Council for the current holiday season is to increase foot patrol, install temporary lighting, contact and work with Glenwyck residents encouraging them to place Christmas lights along fences that back up to the park. 3. EXECUTIVE SESSION The Council convened into executive session at 5:02 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. 4. RECONVENE MEETING Mayor Wheat reconvened the meeting at 6:39 p.m., with Council Member Barrett absent. 5. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. - No Action Taken 6. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Cox made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 6:39 p.m. APPROVED BY THE TOWN COUNCIL ON MARCH 25, 2013. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 02/25/13 Page 1 of 9 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING February 25, 2013 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Carol Langdon, David Levitan and Rick Rennhack. Clif Cox arrived at 6:01 p.m. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Stan Lowry, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Communications & Community Affairs Director Ginger Awtry, Fire Chief Richard Whitten, Director of Information Technology Jason Power, WA Administrative Coordinator Ben Nibarger, and Primary Principal Rod Harding. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:07 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE FEBRUARY 25, 2013, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 02/25/13 Page 2 of 9 4. REPORTS a. Annual report from the Keller Police Department relative to police services for the Town of Westlake. Discussion ensued regarding the increase of Part I crimes, calls and stops. 5. DISCUSSION ITEMS a. Overview of annual Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year ended September 30, 2012. Mr. Greg Shropshire, Pattillo, Brown & Hill, L.L.P., provided an overview of the audit. Discussion ensued regarding GASB 34 and account practices, inflow and outflow of resources, and the State retirement system. b. Presentation regarding Presentation and discussion on Utility Rate Study. Public Works Director Greenwood provided a presentation and overview of the rate study, the existing and proposed rates, and this item will be on the March Council agenda for action. Director Greenwood also introduced Carolyn Marshall , independent contractor that performed the work for the Town. Discussion ensued regarding the annual increase, the calculation model used by Trinity River Authority, winter-averages, cost of testing meters, and the number of customers. Mayor Wheat stated that items c and d would be discussed during the regular meeting. c. Discussion of Zoning Change Application Z-10-01-12 (Westlake Vellecito) and Zoning Change Application Z-10-02-12 (Granada). d. Discussion of the Status and Overview of the Comprehensive Plan Update Process. 6. EXECUTIVE SESSION The Council convened into executive session at 6:14 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Town Council Minutes 02/25/13 Page 3 of 9 a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 7:34 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 9. COUNCIL RECAP / STAFF DIRECTION 10. ADJOURNMENT Mayor Wheat adjourned the workshop at 7:35 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:35 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on January 28, 2013. b. Consider approval of the minutes from the Joint meeting held on February 4, 2013. c. Consider approval of Resolution 13-04, Approving a Contract with Denton County for the May 11, 2013, Election. Town Council Minutes 02/25/13 Page 4 of 9 d. Consider approval of Resolution 13-05, Accepting the Annual Comprehensive Annual Financial Report (CAFR) presented by Pattillo, Brown & Hill, L.L.P., Certified Public Accountants, for the fiscal year ended September 30, 2012. e. Consider approval of Resolution 13-06, Approving an Economic Development Agreement Between the Town of Westlake and the Marriott Solana Hotel. MOTION: Council Member Langdon made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 4. CONSIDERATION OF RESOLUTION 13-07, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION IN THE AMOUNT OF $9.5 MILLION FOR WESTLAKE ACADEMY EXPANSION AND A PORTION OF THE GROUND STORAGE TANK PROJECT. Finance Director Piper provided an overview of the notice of intent. Mr. Tom Lawrence, Lawrence Financial Consulting L.L.C., provided an overview of the combination tax and revenue certificates of obligation. The Town Council will conduct a special meeting on April 2, 2013, at 6:30 p.m., to consider approval of this item. MOTION: Council Member Cox made a motion to table Resolution 13-07. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 5. CONTINUE THE PUBLIC HEARING AND CONSIDERATION ORDINANCE 690, AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”. Mayor Wheat asked that they conduct the staff presentations and then the developer’s presentations for both items 5 and 7 of the agenda. Development Director Edwards provided a presentation and overview of the Comprehensive Plan amendment. Town Manager Brymer provided a presentation and overview of the Zoning Change amendment as proposed. Development Director Edwards provided a summary of the changes made to the zoning Ordinance 693. Town Council Minutes 02/25/13 Page 5 of 9 Discussion ensued regarding the Tree Preservation Ordinance, architectural review committee, set-backs regarding the current commercial zoning requirements, discretion regarding curb cuts, roadways, design standards, Town services impact analysis, and taxable revenue. Bobby Dollak, Engineer Consultants, Inc., provided a presentation and overview of the proposed residential development. Discussion ensued regarding the phases of the development, signage, peak hours of traffic, and perimeter landscaping. Mayor opened the public hearing for both items 5 and 6 of the agenda. Larry Holden, 2211 Cedar Elm Terrace, spoke in favor of the proposed subdivision stating he feels that the development will be beautiful and he does not believe commercial would be suited for that area. Gary Briggs, 2313 Cedar Elm Terrace, spoke in favor of the proposed subdivision stating there is not a home built in Vaquero that does not have an exception to the design guidelines. Scott Simmons, 4325 Glenwood Avenue, Dallas, spoke in favor of the proposed subdivision, stating that the developer has done a great job regarding the traffic flow off of Dove Road but is concerned with some lot sizes and believes there is a better location for the Fire Department’s emergency access into the subdivision. Scott Bradley, 1 Paigebrooke, spoke in opposition of the proposed subdivision asking questions regarding the property and sales tax collection. He favors office park zoning. Jim Carter, 1005 Road Runner Road, Bartonville, spoke in favor of the proposed subdivision acknowledging that the property has been vacant for approximately thirty (30) years. Roland Arthur, 1755 West Dove Road, spoke in opposition of the proposed subdivision stating his concerns regarding the buffer adjacent to his property. BeAnn Arthur, 1755 West Dove Road, spoke in opposition of the proposed subdivision stating that 20% of the home owners are in opposition of the development, and the need for less homes in order to maintain the green space. Terry Horton, 2201 Cedar Elm, spoke in favor of the proposed subdivision thanking the staff and commission for their efforts to ensure the Town maintains is beauty. Alesa Belvedere, 13348 Thornton Drive, spoke in favor of the proposed subdivision, stating she prefers a residential development rather than commercial and that she sees value in the proposed subdivision. Town Council Minutes 02/25/13 Page 6 of 9 Andrew Kuster, 1803 Shady Grove Court, spoke in opposition of the proposed subdivision, supporting the current office zoning and that he would like the lots and open space to be increased. James Orr, 2005 Brazos Court, stated he believes that a residential subdivision would fit well with the current subdivisions and with the design guidelines it would make it unreasonable to build a cheap home. He also commended the developer for adjusting the development based on the recommendations of the community. Bob Timmerman, 5925 Mahotea Boone Trail, stated his disappointed in the information presented and that he does not believe this subdivision is on the same level as other developments. Therefore, he is not in favor of the current development. Mike Pacillio, 2209 Vaquero Estates Blvd., spoke in favor of the proposed subdivision commending the staff for their efforts, believes we will be pleasantly surprised that the homes will add value to the community, and the public will not know the number of homes or square footage but we see the exterior of the subdivision. Tommy Cunningham, 3700 Scenic Drive, Flower Mound, spoke in favor of the proposed subdivision, feeling that it will provide an opportunity for others to move in to the community, increasing Westlake student enrollment at the Academy, and appreciates that the open space is available for public use. Neil McNabnay, 1815 Broken Bend, stated he was surprised that there are several Hillwood properties which allow for approximately 500 single family homes and wonders why there has not been any additional discussions regarding the existing entitlements of current property owners. Mayor Wheat asked for a motion to close the public hearing for both items 5 and 7 of the agenda. MOTION: Council Member Langdon made a motion to close the public hearing. Council Member Levitan seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat recessed the meeting at 9:28 p.m. Mayor Wheat reconvened the meeting at 10:14 p.m. Discussion regarding vested rights, set-backs, drainage, the distance of the property line from FM 1938 to the proposed subdivision wall, the impact to the Academy, clarification of the Vaquero design standards, and deed restrictions. Mayor Wheat adjourned the meeting at 10:37 p.m., to convene into Executive Session pursuant to Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal Town Council Minutes 02/25/13 Page 7 of 9 matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: regarding Item 7 of the agenda. Mayor Wheat reconvened the meeting at 10: 56 p.m. No action taken from Executive Session. MOTION: Council Member Cox made a motion to approve Ordinance 690 and Ordinance 693, amending the penalty fee from $500.00 to $2,000.00 in Ordinance 693. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. The applicant has requested item #6 be pulled from the agenda for further discussion. There will be no action taken on this item. 6. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 692 FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN ST ANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. Mayor Wheat opened the public hearing. No one addressed the Council. MOTION: Council Member Langdon made a motion to close the public hearing. Council Member Levitan seconded the motion. The motion carried by a vote of 5-0. Town Manager Brymer stated that the developer would conduct design charrette meetings allowing residents to discuss design ideas and uses for the proposed mixed use development on the corner of Highway 114 and FM 1938 Davis Boulevard. The developers meetings will be held at Town Hall. No Action taken. 7. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 693, FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3) Town Council Minutes 02/25/13 Page 8 of 9 INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN, AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND DOVE ROAD. MOTION: Listed under item 5 of the minutes. 8. DISCUSSION AND CONSIDERATION OF RESOLUTION 13-08, APPROVING A WESTLAKE ACADEMY CAMPUS DEVELOPMENT PLAN (PHASE I) ADDING A CAFETORIUM, THREE-STORY SECONDARY CLASSROOM BUILDING, AND A FIELDHOUSE. Troy Meyer provided a presentation of the proposed development plan. MOTION: Council Member Rennhack made a motion to approve Resolution 13-08. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 9. EXECUTIVE SESSION The Council convened into executive session at 11:01 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 – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. 10. RECONVENE MEETING Mayor Wheat reconvened the meeting at 11:27 p.m. Town Council Minutes 02/25/13 Page 9 of 9 11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion to approve Resolution 13-09, Approving an Economic Development Agreement with Centurion, Inc. (Centurion) related to Centurion’s Development known as Granada. Council Member Levitan seconded the motion. The motion carried by a vote of 5-0. 12. FUTURE AGENDA ITEMS - None 13. STRATEGIC ISSUES CALENDAR 14. COUNCIL CALENDAR 15. 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 Cox seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 11:28 p.m. APPROVED BY THE TOWN COUNCIL ON MARCH 25, 2013. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 25, 2013 TOPIC: Consider amending Chapter 90, Traffic and Vehicles, Section 80, of the Town of Westlake Code of Ordinances to change the established school zone distance from Westlake Academy southern boundary. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: March 25, 2013 March 25, 2013 Funding: Amount - 0T Status- Funded Source- N/A Decision Alignment , VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Council adopted Ordinance 441, later amending the school zone times by Ordinance 483, that identifies the limits and the posted times for the school zone on Ottinger Road adjacent to Westlake Academy at the August 25, 2003 Town Council meeting. The proposed amendment to the Code of Ordinances will increase the distance from 300’ to 600’ from Westlake Academy’s southern property line. This amendment is necessary due to the relocation of the northbound school zone flasher to accommodate the installation of the trail and crosswalk approximately 300’ from the original location. The proposed ordinance does not change the current school zone times. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Ordinance 698 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 698 AMENDING TOWN OF WESTLAKE CODE OF ORDINANCES, CHAPTER 90, TRAFFIC AND VEHICLES, SECTION 80; TO CHANGE THE ESTABLISHED SCHOOL ZONE DISTANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Sections 545.356 and 545.357 of the Texas Transportation Code, provide That whenever the governing body of a City, under the provisions of the code, determines and declares a reasonable and safe prima facie speed limit on the street or streets, including the prima facie speed limit near a public elementary or secondary school (as defined by the Texas Education Code) by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at the intersection or other place or part of the street or highway; and WHEREAS, The Town of Westlake Town Council desires to amend the Town of Westlake code of Ordinance by changing the published school zone distance; and WHEREAS, The Town Council of the Town of Westlake finds that the amendment set forth to the school zone distance is in the best interests of the Town of Westlake and Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That 441, Chapter 90, traffic and Vehicles, Section 80 of the Town of Westlake Code of Ordinances, as amended, is hereby amended to read as follows: (a) Westlake Academy: 20 miles per hour on J.T. Ottinger Road from 600 feet south of the Westlake Academy property line to 300 feet north of the Westlake Academy property line, during the posted times of: 7:45 a.m. – 8:45 a.m. 2:30 p.m. – 4:00 p.m. Ordinance 698 Page 2 of 2 The maximum legal speed limit stated herein for this specified section of J.T. Ottinger Road shall be in effect on school attendance days and at the times listed; and, at all other times, the maximum legal speed limit shall remain at thirty (30) miles per hour or at the maximum speed limit established by law. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25TH DAY OF MARCH, 2013. _________________________________________ Laura Wheat, Mayor ATTEST: ___________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 25, 2013 TOPIC: Consider approval of Resolution Appointing a member to the Westlake Historical Preservation Society. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: March 25, 2013 March 25, 2013 Effective immediately if approved. Funding: Amount - $0.00 Status- Funded Source- N/A Decision Alignment VVM Perspective Desired Outcome Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Currently the board has three (3) vacancies and would like to appoint Ms. Brewster. ORGANIZATIONAL HISTORY/RECOMMENDATION Appoint the applicant per the request of the Board. ATTACHMENTS Application and Resolution Resolution 13-10 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 13-10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD. WHEREAS, Currently, a vacancy exist on the Westlake Historical Preservation Society board; and WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of th e time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individual to serve as a member of the Westlake Historical Preservation Society board for the term noted below: Wanda Brewster - term expiring June 2015. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 13-10 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OF MARCH 2013. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, March 25, 2013 TOPIC: Consider approval of Ordinance amending Water and Wastewater Rate and Fee Schedule, and repealing Ordinance 659. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: January 28, 2013 March 25, 2013 Funding: Amount - 0T Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Fiscal Stewardship & Organizational Effectiveness 1. Existing Infrastructure Reinvestment (Current Assets) SA 05.4: Financial Policy Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY The current utility rates and structure were adopted in June 2011 and adjusted for rate increases (pass-through) from the City of Fort Worth, our wholesale water provider, and Trinity River Authority, our wholesale wastewater provider. Over the last few month’s Town staff has provided Council and residents with information related to the recently completed comprehensive rate study. The purpose of the study is to determine whether the Utility Fund is accomplishing full recovery of cost of services while maintaining an appropriate fund reserve balance in accordance with the Town’s adopted Financial Policy. The study concluded that projected water revenues will be under-performing by -3% and sewer revenues will be under performing by -23%. In an effort to provide t ransparency and advance notice to our residents Staff provided a Position Paper at the January 28th Council meeting, included a link to the paper in the Westlake Wire, and posted the paper on the Town’s website, as well as, providing a rate study presentation to Council at the February 25th meeting. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Existing and Proposed Rate and Fee Schedule Ordinance Existing and Proposed 2013 Water/Wastewater Rate and Fee Schedule rev. 3/25/2013 Existing and Proposed Rate and Fee Schedule Base Service Charges Existing Proposed Residential Commercial Residential Commercial Meter Size Water Sewer Water Sewer Meter Size Water Sewer Water Sewer 3/4" $42 $33 $42 $33 3/4" $42 $33 $46 $40 1" $70 $60 $70 $60 1" $70 $60 $77 $72 1 1/2" $140 $115 $140 $115 1 1/2" $140 $115 $154 $138 2" $224 $187 $224 $187 2" $224 $187 $246 $224 3" $490 $405 $490 $405 3" $490 $405 $539 $486 4" $882 $693 $882 $693 4" $882 $693 $970 $832 6" $1,650 $1,450 $3,500 $1,450 6" $1,650 $1,450 $3,850 $1,600 8" $2,400 $2,100 $4,400 $2,100 8" $2,400 $2,100 $4,840 $2,310 Existing Proposed Residential Commercial Residential Commercial Volume (gallons) Water Sewer FRAC Water Water Sewer Volume (gallons) Water Sewer FRAC Water Water Sewer 0 - 2,000 $3.27 $0.00 $17.73 $3.27 $4.00 0 - 2,000 $3.27 $0.00 $16.02 $3.60 $5.82 2,001 - 20,000 $3.27 $4.00 $17.73 $3.27 $4.00 2,001 - 20,000 $3.27 $4.85 $16.02 $3.60 $5.82 20,001 - 40,000 $4.05 $4.00 $17.73 $4.05 $4.00 20,001 - 100,000 $4.05 $4.85 $16.02 $4.46 $5.82 40,001 - 400,000 $5.01 $4.00 $17.73 $5.01 $4.00 100,001 - 400,000 $5.01 $4.85 $16.02 $5.51 $5.82 over 400,000 $6.22 $4.00 $17.73 $6.22 $4.00 over 400,000 $6.22 $4.85 $16.02 $6.84 $5.82 Volume Charge Rate per 1,000 gallons Existing and Proposed 2013 Water/Wastewater Rate and Fee Schedule rev. 3/25/2013 Deposits Existing Proposed Residential Commercial Residential Commercial Meter Size Water Sewer Water Sewer Meter Size Water Sewer Water Sewer 3/4" $90 $60 $75 $60 3/4" $200 $150 $200 $150 1" $150 $100 $100 $100 1" $250 $200 $250 $200 1 1/2" $300 $200 $250 $200 1 1/2" $300 $250 $300 $250 2" $480 $320 $500 $320 2" $500 $320 $500 $320 3" $1,050 $700 $1,000 $700 3" $1,000 $700 $1,000 $700 4" $1,800 $1,200 $2,500 $1,200 4" $1,800 $1,200 $1,800 $1,200 6" $3,750 $2,500 $3,500 $2,500 6" $3,750 $2,500 $3,750 $2,500 8" $5,400 $3,600 $5,000 $3,600 8" $5,400 $3,600 $5,400 $3,600 Tap Fees Existing Proposed Water Connection Minimum Service Tap Fee** Water Connection Minimum Service Tap Fee** Meter Size Existing Service Line Tap Fee Street Cut/Bore Meter Size Existing Service Line Tap Fee Street Cut/Bore 3/4" $550 $900 $900 3/4" $600 $1,100 $1,100 1" $575 $1,200 $1,100 1" $650 $1,250 $1,200 1 1/2" $775 $1,400 $1,275 1 1/2" $875 $1,750 $1,300 2" Disc $965 $2,200 $1,400 2" Disc $1,100 $2,400 $1,400 Sewer Connection Minimum Service Tap Fee Sewer Connection Minimum Service Tap Fee** Depth Existing Service Line Tap Fee Street Cut/Bore Depth Existing Service Line Tap Fee Street Cut/Bore 0 - 6 feet $450 $450 $800 0 - 6 feet $450 $450 $1,100 6 - 12 feet $450 $750 $1,200 6 - 12 feet $450 $750 $1,200 12 - 18 feet $450 $1,050 $1,600 12 - 18 feet $450 $1,050 $1,600 ** 2" Compound & larger, or unusual installation conditions, fee to be actual cost to Town plus 10%. Tap fees for connection installed by Town will be added to meter set fees. ** 2" Compound & larger, trench safety, or unusual installation conditions, fee to be actual cost to Town plus 10%. Tap fees for connection installed by Town will be added to meter set fees. Does not include City of Fort Worth water or other impact fees. Does not include City of Fort Worth water or other impact fees. Ordinance 699 Page 1 of 5 TOWN OF WESTLAKE ORDINANCE NO. 699 AN ORDINANCE OF THE TOWN OF WESTLAKE ESTABLISHING A NEW WATER AND WASTEWATER RATE AND FEE SCHEDULE; REPEALING ORDINANCE 659 IN ITS ENTIRETY; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Westlake finds the provision of water and wastewater services throughout the Town of Westlake, Texas, (the “Town”) is of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, the Town Council of the Town of Westlake finds the proposed Water and Wastewater rate and fee schedule provides full recovery of cost of services while maintaining an appropriate fund reserve balance in accordance with the Town’s adopted Financial Policy; and WHEREAS, the Town Council repeals Ordinance 659 in its entirety to consolidate the Water and Wastewater rate and fee schedule; and WHEREAS, upon the recommendation of the Public Works Department, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the proposed Water and Wastewater rates should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That That the Town Council does hereby approve the Water and Wastewater rate and tap fee schedule as shown on Exhibit “A” hereto, which said exhibit is hereby incorporated in its entirety as if fully set forth. SECTION 3: That all provisions of this ordinance shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 699 Page 2 of 5 SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25th DAY OF MARCH 2013. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 699 Page 3 of 5 Exhibit A EFFECTIVE MARCH 25, 2013 Base Service Charges Residential Commercial Meter Size Water Sewer Water Sewer 3/4" $42 $33 $46 $40 1" $70 $60 $77 $72 1 1/2" $140 $115 $154 $138 2" $224 $187 $246 $224 3" $490 $405 $539 $486 4" $882 $693 $970 $832 6" $1,650 $1,450 $3,850 $1,600 8" $2,400 $2,100 $4,840 $2,310 Volume Charge Rate Per 1,000 gallons Residential Commercial Volume (gallons) Water Sewer Water FRAC Water Sewer 0-2,000 $3.27 $0.00 $3.60 $16.02 $5.82 2,001 - 20,000 $3.27 $4.85 $3.60 $16.02 $5.82 20,001 - 100,000 $4.05 $4.85 $4.46 $16.02 $5.82 100,001 - 400,000 $5.01 $4.85 $5.51 $16.02 $5.82 over 400,000 $6.22 $4.85 $6.84 $16.02 $5.82 Ordinance 699 Page 4 of 5 Deposits Residential Commercial Meter Size Water Sewer Water Sewer 3/4" $200 $150 $200 $150 1" $250 $200 $250 $200 1 1/2" $300 $250 $300 $250 2" $500 $320 $500 $320 3" $1,000 $700 $1,000 $700 4" $1,800 $1,200 $1,800 $1,200 6" $3,750 $2,500 $3,750 $2,500 8" $5,400 $3,600 $5,400 $3,600 Tap Fees Water Connection Minimum Service Tap Fee** Meter Size Existing Service Line Tap Fee Street Cut/Bore 3/4" $600 $1,100 $1,100 1" $650 $1,250 $1,200 1 1/2" $875 $1,750 $1,300 2" Disc $1,100 $2,400 $1,400 Sewer Connection Minimum Service Tap Fee** Depth Existing Service Line Tap Fee Street Cut/Bore 0 - 6 feet $450 $450 $1,100 6 - 12 feet $450 $750 $1,200 12 - 18 feet $450 $1,050 $1,600 2" Compound & larger, or unusual installation conditions, fee to be actual cost to Town plus 10%. **Tap fees for connection installed by Town will be actual cost to Town plus 10%. Does not include City of Fort Worth water or other impact fees. Ordinance 699 Page 5 of 5 2013 Gas Well Water Rate Model Assumptions Usage Volume = 5,000,000 gallons Total assumed usage per well Usage Period = 10 days Assumed time frame for drilling & Fracing Probability of Peak Period = 2/3 Peaks are assumed to only occur in the "summer" months Jun-Aug Affected years = 1.5 Assumed Current Annual Effect (MGD) FW Rate Effect Max Day 0.5 114,398.00 $65,668.50 Max Hour 0.020833333 30,616.00 $ 724.06 Potential annual effect $66,392.56 per 1,000 gallons / 5,000 Probability 2/3 Affected years x 1.5 Rate of use effect $ 11.57 Base cost + $ 4.45 Proposed Rate $16.02 per 1000 gals. rev. 3/25/13 EXECUTIVE SESSION a. 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 Town of Westlake Item # 5 – Executive Session Town of Westlake Item # 6 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. 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 Town of Westlake Item # 7 – Take any Necessary Action, if necessary 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 Town of Westlake Item #8 - Future Agenda Items Strategic Issue March – 2013 April – 2013 May – 2013 June - 2013 July - 2013 August - 2013 Capital Investment MOVED FROM NOVEMBER • Feasibility study for water/sewer impact fees – Tentative (pg. 10, SA 3.1) Fiscal Stewardship & Organizational Effectiveness MOVED FROM JANUARY • Report on business incentive opportunities (pg. 11, SA 6.2) Human Resources (Employee Investment) Comprehensive Planning and Management of Natural Resources • Review land use plan relative to future growth and financial sustainability (pg. 12, SA 9.B.2) • Draft master plans according to approved Comp plan (pg. 12, SA 9.C.1) • Review existing ordinances w/Comp plan (pg. 12, SA 9.D.1) • Compare/contrast programs relative to surrounding communities – ‘best practices’ on environmental and conservation (pg. 13, SA 10.2) Public Safety and Emergency Preparedness MOVED FROM DECEMBER • Review Town& Academy SOP’s and emergency plans to maintain readiness (pg. 13, SA 12.2) • Inventory & identify availability of recommended EOC components (pg. 13, SA 12.3) Updated 03/18/13 COUNCIL CALENDAR o BOT Workshop & Meeting; April 2, 2013; 5:00 & 6:00 pm o Special Town Council Meeting; April 2, 2013; 6:30 pm o New Resident Reception; April 3, 2013; 7:00 pm Home of Mayor Laura & Doug Wheat o MasterWorks Free Concert Series begins in April; Concert every Thursday evening April 4 is our first one; begins at 6:00 pm for one hour; Solana Village Circle Courtyard; Johnny D & the Doo-Wops, Old time Rock and Roll o Alliance Development Forum - hosted by Metroport Chamber & 6 Member Cities for Regional Promotion & Development; DFW Marriott Hotel @ Championship Circle; April 5, 2013; 11:00 am – 1:00 pm o WHPS Historical Marker Dedication – Possum Trot School Site: Westlake’s passion for Education Excellence – from Past to Present; April 6, 2013; 2:00 PM; WA campus-north, covered walkway o MasterWorks Free Concert; Thursday, April 11, 2013 at 6:00 pm BluPrint, Jazz/R&B sound o MasterWorks Free Concert; Thursday, April 18, 2013 at 6:00 pm Havana NRG, high energy Salsa/Latin band o Westlake’s Annual Arbor Day Saturday, April 20, 2013 from 3-7:00 pm; Glenwyck Farms Park o Last MasterWorks Concert; Thursday, April 25, 2013 at 6:00 pm Vocal Trash, a “Stomp” type band with recycling message o Town Council Workshop & Meeting; Monday, April 22, 2013 o Westlake Employee Annual Awards & Family Picnic Saturday, April 27, 2013; 4-8 pm; Circle R Ranch in Flower Mound O Vaquero Neighborhood Meeting; Monday, April 29, 2013; 7:00 pm at home of Jason & Jo Keen Town of Westlake Item # 10 – Council Calendar Town of Westlake Item # 11 – Adjournment Back up material has not been provided for this item.