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HomeMy WebLinkAbout02-12-07 TC MinTOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN WORKSHOP MINUTES FEBRUARY 12# 2007 PRESENT: Mayor Scott Bradley and Aldermen Buddy Brown, Larry Corson, Fred Held, Don Redding,, and Bob Timmerman. ABSENT: None OTHERS PRESENT: Town Manager Trent Petty, Town Secretary Kim Sutter. Finance Director Debbie Piper, Facilities & Recreation Director Troy Meyer, Public Works Superintendent Jarrod Greenwood, and Town Engineer David McCarver. Mayor Scott Bradley called the workshop to order at 4:24 p.m. 2. DISCUSS WATER RATE STUDY. To Manager Trent Petty introduced the item, He stated that the scope of the study was to determine if the Town could maintain or reduce water cost by acquiring a second water supply. Mr. Petty stated that the Town is currently supplied water exclusively by the City of Fort Worth, and the water rate includes embedded costs that are considered extraordinarily high because of peak usage cost. which is based on previous usage. lie added that if we ceased using Fort Worth water today, the Town would still pay peak usage charges for the next three years. Mr. Petty stated that the feasibility study is complete and includes a projected cost of an Upper Trinity water line from CR 407 to SH 377. He added that the capital is built into the feasibility analysis as well as the projected cost of the water. In conclusion, it would be more cost effective to use 100 percent Upper Trinity wate1% even though the Town wi I I have to pay Fort Worth peak water charges over a three year, period. Town of Westlake Board. of Aldtirinva Workshop February 12, 2007 Page 2 of 3 Town Manager Trent Petty advised the and that the presentation will include a comparison of water cost as well as what it would mean in terms of rates. He fttrther advised that two actions would be required by the Board: 1) agree on contract for Upper Trinity that would obligate the Town for a second water supply; and 2) institute new water rates, Town Engineer David McCarver presented the Board with a cost comparison scenario and stated that the least expensive alternative is for the Town to obtain 100% of its water from the Upper Trinity Regional Water District, Mayor Scott Bradley stated that the higher Fort Worth costs are a result of peaking charges and asked if any effort has been made to determine the costs if we bad more ground storage. Town Engineer David McCarver responded that be and Public Works Superintendent Jarrod Greenwood are working on optimizing operations of the system, and acknowledged that the peak charges from Fort Worth did decrease with the addition of the elevated tank. To Manager Trent Petty asked for the Board*s input with regard to any additional criteria that they feel should be considered at this time. Mayor Scott Bradley asked that the water supply to the Solana office complex be included in the scenario. Town Manager Trent Petty stated that the next step would include obtaining the draft of the Upper Trinity contract and applying the numbers to the model to determine the actual costs and savings. It was the consensus of the Board that a second water source is desirable, Mayor Scott Bradley advised that the Board will continue discussion with regard to this item at a workshop on February 26, 2007. 3 DISCUSS GAS LEASING UPDATE AND TAKE ANY NECESSARY ACTION. Mayor Bradley stated that the he telt the decision before the Board is to determine if the Town is interested in pursuing a community -wide program. He added that he feels that if we move forward with a community -wide program, there is an opportunity for the community and the school to benefit. Mayor Bradley stated his first preference would be to prevent drilling altogether in the Town, The To "s drilling ordinance allows limited drilling, but there seems to be uncertainty about whether the existing ordinance is ironclad, He wondered whether the ordinance would stand up in court, and stated that he would like to receive advice from the Town Attorney in executive session concerning the enforceability of the current ordinance. He also said that if unfettered drilling were to be allowed by the courts after a court fight To%,o of Westlake Board of Aldermen Workshop February 12,2007 Page 3 of3 Mayor Bradley stated his first preference would be to prevent drilling altogether in the Town. The Town's drilling ordinance allows limited drilling, but there seems to be uncertainty about whether the existing ordinance is ironclad. He wondered whether the ordinance would stand up in court. and stated that he would like to receive advice from the Town Attorney in executive session concerning the enforceability of the current ordinance. He also said that if unfettered drilling were to be allowed by the courts after a court fight over the ordinance. the Town would suffer the worst possible result of spending money defending the ordinance. then be unable to guide drilling so as to minimize its impact on the residents. He thought it would be better for the Town to lead a community -Aide program in cooperation with a single drilling company to ensure that all mineral owners have rights equal to the large developers, drilling sites are limited to the minimum number needed to capture the minerals, roads are required to be repaired by the driller, maximum natural screening is achieved, gathering pipelines are placed where the To directs rather than willy-nilly according to the whim of competing drillers, all activities are controlled by the To in cooperation with the land owners and the noxious impacts of drilling are minimized to the greatest extent possible, and that the Westlake Academy realize up to a five percent royalty from the production. Alderman Corson expressed his concern with regard to whether this is an activity the Town should be involved in, and added that he would prefer to utilize the ordinance and the benevolence process to achieve any benefits to the Town. Alderman Brown expressed his support toward voluntary benevolence, Alderman Timmerman expressed his concern with using an ordinance as leverage for something that is considered voluntary. Mayor Bradley advised that the Board will continue discussion with regard to this item at a future work -shop. 4. AWOURNMENT. There being no further business before the Board. Mayor Bradley declared the workshop adjourned at 5:32 p.m, ATT 7STS! � Kira, utter, TRMC. Town Secretary EM TOWN OF WESTLAKE, TEXAS (130ARD OF ALDERMEN MEETIN MINUTES I FEBRUARY 12, 2007 PRESENT: Mayor Scott Bradley and Aldermen Buddy Brown, Larry Corson; Fred Held, Don Redding, and Bob Timmerman ABSENT: None OTHERS PRESENT: Town Manager Trent Petty, Town Secretary Kim Sutter, Finance Director Debbie Piper, Facilities and Recreation Director Troy Meyer, DPS Director Don Wilson, and Public Works Superintendent Jarrod Greenwood. 1. CALL TO ORDER. Mayor Scott Bradley called the meeting to order at 7:12 p.m. 2. EXECUTIVE SESSION Mayor Scott Bradley recessed the regular session of the Town of Westlake Board of Aldermen at 7:12 p.m., as he read the items to be discussed, A. The Board will conduct a closed session under Texas Government Code section 551.071 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: i. City of Roanoke v. Town of Westlake, Cause No. 02 -01 -00290 -CV (Second Court of Appeals) ii. Town of Westlake v. City of Roanoke (Johnny's Automotive tract), Cause No. 2003- 20243-158 (158th Judicial District Court of Denton County, Texas) Town of Westlake Board of Aldermen Regular Meeting February 12, 201 Page 2 of 8 B. The Board will conduct a closed session under Texas Government Code section 551.074 to discuss personnel matters. C. The and will conduct a closed session under Texas Government Code section 551.072 to discuss the purchase, exchange, lease, or value of real property. Mayor Scott Bradley convened the executive session at 7:15 p.m. The executive session adjourned at 8:40 p.m. 3. RECONVENE MEETING. Mayor Scott Bradley announced that the Board will consider action on an executive session item. MOTION: A motion was made by Alderman Don Redding authorizing the mayor, to manager and The town attorney to resolve all pending litigation with th Town of Roanoke of which the terms were discussed in executive sessio Alderman Larry Corson seconded the motion. The motion carried by a vott of 5-0. 5, CITIZENS' PRESENTATIONS: 0 . a , - 's. a With no objections from the Board, Mayor Scott Bradley reordered the agenda to hear item #10 prior to item #6. Building Official Eddie Edwards advised that he was asked to address the Board in response to a recent issue with regard to stucco application on exterior wall surf es. Mr. Edwards explained that the, code states that any structure in a residential district over 100 square feet or in excess of nine feet in height requires an 80 percent masonry surface on the exterior walls. He added that the, definition of "Masonry Construction' states that the masonry surface must be of 3 5/8" thickness, which tends to preclude stucco as an acceptable masonry surface, unless it is applied to a masonry block. Mr. Edwards introduced Bob Saindon, a technical representative for the Texas Bureau of Lathing and Plastering. Mr. Phil Amodeo, executive director of Tc xas Bureau was also present to address any questions of the Board. Town of Westlakt Board of Aldermen Regular Meeting February 12, 2007 Page 3 of 8 Mr. Saindon presented a PowerPoint presentation to the Board regarding the advantages Of stucco, and presented a sample to the Board. He further recommended the Board revise the ordinance to allow a broader use of the product. Mayor Scott Bradley asked if there are any studies regarding stucco's life expectancy versus Masonry. I Mr. Saindon responded that he would consider the life exPeCtancY Of stucco to be the same as brick veneer, Town Manager Trent Petty suggested the Board visit with residents in town who have stucco on their homes and the problems they have experienced before making any decisions to rewrite the ordinance. Alderman Larry Corson raised the question as to whether or not it was the Town's place to solve this problem. Mayor Scott Bradley responded that he felt it was appropriate to discuss the issue. Town Manager Trent Petty stated that he feels the issue warrants discussion at a more in depth level. Steve Pe flow, Penhollow Custom Homes, stated he has experienced more problems with a home that has stucco applied to a masonry structure because of the lack of the ability to expand and contract. setting the homeowner up for potential problems_ AldermanDon Redding inquired if there is a prescribed mixture percentage for stucco, and if not followed are failure points created. Mr. Saindon responded that there is a standard mixture formula. He further agreed to assist With the evaluation of the properties which have experienced problems with the application. No action was taken on this item. 6. CONDUCT A PUBLIC HEARING AND' CONSIDER AN ORDINANCE DESIGNATING A REINVESTMENT ZONE #2 ON PROPERTY SOUTH OF S.H. 114 AT WESTLAKE PARKWAY AND PRECINCT LINE ROAD FOR THE PURPOSE OF OFFERING COMMERCIAL -INDUSTRIAL TAX ABATEMENT UNDER CHAPTER 312 OF THE TEXAS TAX CODE. Mayor Scott Bradley introduced the item and opened the public hearing at this time. Town Manager Trent Petty introduced Vice President and General Manager Fran Eicborst and Real Estate Director Lisa Stewart of Fidelity Investments, He further explained to the Board that this is the first step in the process of designating the reinvestment zone # 2. and TOWN of Wtstlakt Board Or Aldermen Regular Meeting February 12,2007 Page 4 or 8 does not include the granting of an abatement, but does grant the ability to consider abatements that will be forthcoming in a developer agreement. Ms. Fran Eichorst addressed the Board regarding the item and was present to address any questions of the Board. Alderman Larry Corson asked for clarification on the Westlake Development Corporation and the Westlake 4A Corporation as referenced in the Economic Development Incentive Policy. Town Manager Trent Petty responded that the 4A was utilized when the policy was originally written and consisted of V2 cent economic he V development tax. He added that t 2 cent was transitioned to reduce the property tax rate at an election in May 2006. Alderman Larry Corson inquired if the requirements ol'section 5 (a) and section 6 of the policy with re�ard to the requirement to submit annual certification of compliance and annual evaluation of a project is being met as it relates to the first reinvestment zone. Town Manager Trent Petty responded that Fidelity has been prompt in meeting this requirement With regard to section 4 (a) and (b). Alderman Bob Timmerman asked for an explanation as to the added value of the project to the Town. Town Manager Trent Petty responded that the estimated cost of construction is in excess of $100 million, which exceeds the parameters of section 4 of the, policy. Alderman Bob Timmerman inquired as to the term "value added", referenced in section 3 of the policy is defined. Town Manager Trent Petty responded that the value is reflected in the Town's tax appraisal rolls and is added once Tarrant Count), Appraisal District evaluates the property, typically as soon as construction begins. He added that this does not translate to new money for the Town because we do not assess a property tax. Alderman Bob Timmerman asked Fidelity to give examples of the tangible value added to the community. Fran Eichorst responded that an additional 1.500 jobs will be added over next two years. Additionally, the expansion of the Marriott will allow more of Fidelity travelers to stay closer to the campus and the Town will benefit from increased hotel occupancy taxes. Mayor Scott Bradley added that sales tax will be generated from the purchase of computers, chairs, desk, paper and supplies needed for the additional personnel. Town of Westlake Board of Aldermen Regular Meeting February t2, 2007 Town Manager Trent Petty added that additional infrastructure is also a tangible benefit. and cited the new water line down Precinct Line Road as a result of the first economic development agreement with Fidelity. Aldermen Bob Timmerman expressed his appreciate to Fidelity for their stewardship with regard to the Westlake Academy Foundation and the Historical Society. There being no others reg ,uestin t and opened the floor for a motion. MOTION: Alderman Larry Corson moved to approve Ordinal tive No. 513, designating a Commercial/Industrial Tax Abatement Reinvestment Zone No. Two (2), in the Town of Westlake. Tarrant and Denton Counties, Texas; providing an effective date; and providing a severability clause. The motion was seconded by Alderman Don Redding. The motion carried by a vote of 5-0. 7. CONSIDER AUTHORIZING MAYOR TO EXECUTE THE U.S. MAYOR'S CLIMATE PROTECTION AGREEMENT. Mayor Scott Bradley advised the Board of the item, and stated that the Board heard a presentation regarding the agreement at the, January 22. 2007, regular meeting. He added that under this agreement. the Town voluntary agrees to put forth best efforts to promote green practices, which are considered to be good for the community. MOTION: Alderman Bob Timmerman moved to authorize the Mayor to execute the U.S. Mayor's Climate Protection Agreement as presented at the January 22, 2007, regular meeting. The motion was seconded by Alderman Buddy Brown. The motion carried by a vote of 5-0. 8. CONSIDER RESOLUTION TO ACCEPT A REPORT REGARDING RACIAL PROFILING STATISTICS AS PREPARED By CHIEF MARK HAFNER OF THE KELLER POLICE DEPARTMENT IN ACCORDANCE WITH STATE LAW. Mayor Scott Bradley introduced the item. Town Manager Trent Petty advised the Board that Chief Mark Hafner was not able to attend the meeting to give the report; however he will be asked to come before the Board at a future meeting date. MOTION: Aldennan Larry Corson moved to approve Resolution 07-07, accepting the report regarding racial profiling statistics as prepared by the Keller Police Department, the town's contracting law enforcement agency, with the following words deleted from Section 2 of the Resolution. "as a true and accurate ". The motion was seconded by Alderman Buddy Brown. The motion carried by a vote of 5-0. Town of Westlake and of Aldermen Page 6 of 8 Regular Meeting February 12, 2007 9. CONSIDER A RESOLUTION AMENDING THE BUDGET TO CREATE THE SECONDARY WATER SOURCE CAPITAL PROJECT AND PROVIDE FUNDING FOR THE 2006/2007 FY BUDGET. Mayor Scott Bradley introduced the item and asked Town Manager Trent Petty to provide an explanation to the Board. Town Manager Trent Petty advised that during the budget process, the Board approved this expenditure in the utility fund. With the anticipation that the project could exceed beyond this fiscal year and to the extent that future funding may be required, the creation of the Secondary Water Source Capital Project is recommended. Mr, Petty advised that additional funding beyond the $15,562.00 (feasibility study) would require a budget amendment. MOTION: Alderman Don Redding moved to approve Resolution 07-08, as presented by Town Manager Trent Petty. The motion was seconded by Alderman Fred Held. The motion carried by a vote of 5-0. 11. CONSIDER A RESOLUTION APPROVING AMENDMENTS TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. Mayor Scott Bradley requested the Board consider tabling this item to the next regular meeting as he has some questions regarding the proposed amendments, MOTION: Alderman Buddy Brown moved to table the item at this time. The motion was seconded by Alderman Larry Corson. The motion carried by a vote cif 12. CONSIDER A RESOLUTION APPOINTING MELANIE LEKKOS TO THE TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS. Mayor Scott Bradley, introduced the item. I -le stated that be and Mr. Hank Smyth, President of Texas Student Housing Authority, have met with Mrs. Lekkos and feel she is highly qualified and motivated to serve on the Board. MOTION: Alderman Fred Held moved to approve Resolution 07-10, appointing Melanie Lekkos to the Texas Student Housing Authority hoard' of Director, the Texas Student Housing Authority Corporation — San Marcos Project, Texas Student Housing Corporation — Denton Project, Texas Student Housing Corporation — College Station Project Texas Student Housing Corporation — MSU Project. Texas Charter School Corporation — L Charter School. Inc. Project. and the Texas Charter School Corporation - New Frontiers Charter School Project. The motion was seconded by Alderman Buddy Brown. The motion carried by a vote of 5-0. Town of Westlake ftard of Aldermen Page 7 of 8 Regular Meeting February 12, 31!07 Mavor B -rd A. Review and approve minutes of the Board of Aldermen workshop and the regular Board of Alden -nen meeting held on December I I , 2006. B. Review and approve minutes of the Board of Aldermen workshop, the regular Board Aldermen meeting, • 50" Anniversary Committee Workshop • • January 2007. MOTION: • Buddy Brown moved to approve the consent agenda as presented, The motion was seconded by Alderman Larry Corson. The motion carried by a vote • 5-0. 14. CONSIDER A RESOLUTION ACCEPTING THE RESIGNATION OF ALDERMAN BVDDY BROWN. Mayor Bradley introduced the item and stated that Alderman Buddy Brown played a ke), role in keeping the Town whole and recalled Alderman Brown"s efforts, including his printing of collared shirts that read "Put Westlake Back Together} Alderman Corson expressed his appreciation to Alderman Brown for fostering his interest in serving on the Board. Town Manager Petty,, on behalf of To Staff, expressed his appreciation to Alderman Brown for his years of service. The Board, staff and all in attendance applauded and expressed their appreciation to Alderman MOTION: Alderman Fred lield moved to approve Resolution 07-11. accepting the resignation of Alderman Buddy Brown. The motion was seconded by Alderman Larry Corson. The motion carried by a vote of 5-0. 15. CONSIDER AN ORDINANCE CALLING AND ORDERING A GENERAL AND SPECIAL ELECTION, TO BE HELD ON MAY 12, 2007. Mayor Bradley introduced the item and gave a brief explanation of the upcoming election. MOTION: Alderman Buddy Brown moved to approve Ordinance No. 514, calling and ordering a general and special election for the purpose of election three aldermen and ordering a special election for the purpose of election two aldermen to an unexpired term to be held on May 12, 2007, in accordance the Town of Westlake Board of Aldermen Page 8 of 8 Regular Meeting February 12, 2007 provisions of Section 23-023, Texas Local Government Code, establishing procedures for the election; and providing an effective date. The motion was seconded by Alderman Fred Held. The motion carried by a vote of 5-0. I Mayor Scott Bradley asked for a motion to adjourn the meeting. MOTION: Alderman Fred Held moved to adjourn the meeting. Aldermen Larry Corson seconded the motion. The motion carried by a vote of 5-0. The meeting adjourned at 9:41 p.m. APPROVED BY THE BOARD OF ALDERMEN ON FEBRUARY 26, 2007. Scon Br-adle?.'-M­ay-o-r-j ATTEST - i Sutter. TRMC, • Secretary