Loading...
HomeMy WebLinkAbout08-10-09 TC MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL WORKSHOP ABSENT: Council Member Tim Brittan. August 10, 2009 PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Finance Director Debbie Piper, Public Works Superintendent Jarrod Greenwood, Director of Human Resources and Administrative Services Todd Wood, Court Administrator Amanda DeGan, Assistant to the Town Manager Ginger Awtry, Lt. Richard Whitten, Management Intern Ben Nibarger, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER. Mayor Wheat called the workshop to order at 5:20 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM AUGUST 10, 2009, COUNCIL REGULAR MEETING AGENDA. Mayor Wheat introduced the item and opened the floor for questions related to the consent agenda items from the August 10, 2009, regular meeting. Council Member Corson inquired regarding consent items 4 (d) and 4 (g). Planning and Development Director Edwards responded to Council Member Corson's questions. Mayor Wheat inquired if staff was comfortable with representation provided by the ATMOS Cities Steering Committee (Item 4(b)). Town Attorney Lowry and Town Manager Brymer responded that they are pleased with the representation provided by the Committee. Town of Westlake Town Council Workshop Minutes August 10, 2009 3. DISCUSS PROPOSED ECONOMIC DEVELOPMENT AGREEMENT WITH THE SOLANA MARRIOTT HOTEL. Page 2 of 3 Town Manager Brymer addressed the Council regarding the item, and stated that the approved 2009 -2010 FY Budget included a funding allocation of $150,000 to be utilized for marketing services on behalf of the Marriott Solana. Mr. Brymer added that the Marriott plans to utilize a portion of the funding for an Incentive group program. Additionally, Mr. Brymer stated that the Town has funded a portion of the Marriott shuttle cost for past two to three years at approximately $56,000 per year. Management Intern Nibarger reviewed the proposed funding participation criteria with the Council: • 75/25 split between Town and Marriott • Minimum of $10,000 in room night revenues • Maximum of $5,000 discount • Westlake receives appropriate sponsorship recognition on all corresondence • A maximum usage of twice per eighteen (18) month period per organization unless authorized by the Town. Discussion ensued regarding the success of the shuttles in bringing visitors to the Marriott Westlake, and statistics of other hotels that have similar programs. Council Member Rennhack stated that the agreement should be tied to incremental revenue, and requested the occupancy rates from previous years compared to today. Council Member Corson asked how the $150,000 amount was determined. Town Manager Brymer responded that Mr. Kai Fisher presented a program last year to the Council outlining the cost. Mayor Wheat suggested the Council postpone discussion on the item until the General Manager of the Marriott is available to discuss the program with the Council. Town Manager Brymer stated that funding in this amount will not be included in the proposed 2009 -2010 FY Budget. Council Member Corson expressed his desire to have the dollars go toward something measurable. 4. EXECUTIVE SESSION. Mayor Wheat recessed the workshop to convene into executive session at 6:02 p.m. to discuss the following in executive session: Town of Westlake Town Council Workshop Minutes August 10, 2009 ATTEST: a. Section 551.074 to discuss personnel matters. Discuss employment of Town Secretary. b. Sec. 551.071(2)- Consult with the Town Attorney regarding a Roadway Funding Agreement with Roland Arthur. c. Sec. 551.072- Property- Deliberate the sale, exchange, or value of real property- FM 1938 ROW Mayor Wheat convened the executive session at 6:05 p.m. The executive session was adjourned at 7:35 p.m. Mayor Wheat reconvened the workshop at 7:41 5. FUTURE AGENDA ITEMS. No items were presented for consideration. 6. ADJOURNMENT. There being no further business, Mayor Wheat adjourned the workshop at 7:42 p.m. APPROVED BY THE TOWN COUNCIL ON AUGUST 31, 2009. Kel y Edw ds, TRMC, Town Secretary For Kim Sutter, TRMC, Town Secretary Page 3 of 3 Laura Wheat, Mayor ABSENT: Council Member Tim Brittan. MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING August 10, 2009 PRESENT: Mayor Laura Wheat and Council Members Larry Corson, Carol Langdon, Rick Rennhack, and Rebecca Rollins. OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Public Works Superintendent Jarrod Greenwood, Finance Director Debbie Piper, Court Administrator Amanda DeGan, Assistant to the To Manager Ginger Awtry, Lt. Richard Whitten, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER. Mayor Wheat called the meeting to order at 7:42 p.m. 2. PLEDGE OF ALLEGIANCE. Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS. Mr. Justin Sizemore, an attorney representing Mr. Roland Arthur, 603 E. Belnap, Fort Worth, Texas, addressed the Council regarding FM 1938. Mr. Sizemore distributed a letter to the Council outlining Mr. Arthur's concerns related to drainage engineering issues, and advised that Mr. Arthur is requesting more information before construction begins related to the FM 1938 project. Mayor Wheat asked if separate engineering studies were performed and if they could be provided to the Town Town of Westlake Town Council Regular Meeting Minutes August 10, 2009 Mr. Sizemore responded that the studies would be provided to the Town. 4. CONSENT AGENDA. Mayor Wheat introduced the consent agenda and asked for a motion. Page 2 of 7 a. Review and approve minutes of the Town Council Workshop and Regular meeting held on July 13, 2009. b. Ordinance No. 629 - Consider an Ordinance approving a negotiated resolution between the ATMOS Cities Steering Committee ( "ACSC" or "Steering Committee ") and ATMOS ENERGY CORP., MID -'IEX DIVISION ( "ATMOS MID -TEX" or "company ") regarding the company's rate review mechanism. c. Resolution No. 09 -35 - Consider a Resolution authorizing the Town Manager to enter into an agreement with the State of Texas Department of Transportation (TxDOT) as a "blanket" agreement for the construction, maintenance and operation of safety lighting within the Town of Westlake. d. Resolution No. 09 -37 - Consider a Resolution approving an amended Fees and Use Schedule. e. Resolution No. 09 -38 - Consider a Resolution authorizing the Westlake Public Art Society to proceed with the process of applying for 501(c)3 status with the Internal Revenue Service. f. Resolution No. 09 -39 - Consider a Resolution reducing the number of members serving on the Westlake Historical Preservation Society. g. Resolution No. 09-40 - Consider a Resolution authorizing the Town Manager to enter into a contract with Building Code Consulting Services for third -party inspections and plan review services for the Deloitte Conference Center project. h. Resolution No. 09-41 - Consider a Resolution authorizing an amendment to the Pivot Building Service agreement for janitorial services at the Westlake Civic Campus. MOTION: Council Member Corson made a motion to approve the consent agenda as presented. Council Member Langdon seconded the motion. The motion carried by a vote of 4 -0. 5. PRESENTATION RECOGNIZING OUTGOING TOWN SECRETARY. Mayor Wheat presented outgoing Town Secretary Sutter with a crystal engraved clock in recognition of her service to the Town. Mayor Wheat recessed the regular meeting at 7:56 p.m. to host a reception in honor of Town Secretary Sutter. Town of Westlake Town Council Regular Meeting Minutes August 10, 2009 Mayor Wheat reconvened the regular meeting at 8 :14 p.m. 6. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION. Mayor Wheat introduced the item and asked for a motion. Page 3 of 7 MOTION: Council Member Corson made a motion to adopt Resolution No. 09 -42, appointing Mr. Wayne Stoltenberg to the Planning and Zoning Commission to a term expiring June 2010. Council Member Rollins seconded the motion. The motion carried by a vote of 4 -0. 7. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES, AMENDING THE LAND USE SCHEDULE TO ALLOW PRIVATE WATER WELLS IN ALL ZONING DISTRICTS WITHOUT AN APPROVED SPECIFIC USE PERMIT AND ADDING A SECTION REGULATING THE PLACEMENT AND SCREENING REQUIREMENTS FOR SURFACE EQUIPMENT RELATED TO A PRIVATE WATER WELL. Planning and Development Director Edwards presented the item to the Council. Mr. Edwards advised the Council that the water well permits will be approved administratively by staff. Council Member Corson inquired as to the land use table associated with Planned Development. Planning and Development Director Edwards stated that the proposed amendment applies to straight zoning districts only and not Planned Developments. Mayor Wheat opened the public hearing at this time. No one requesting to speak, Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to adopt Ordinance No. 630, amending Chapter 102 and the land use table to allow private water wells in all zoning districts without an approved Specific Use Permit. Council Member Corson seconded the motion. The motion carried by a vote of 4- 0. 8. CONDUCT A PUBLIC HEARING AND CONSIDER A RESOLUTION APPROVING AN APPLICATION FOR THE FINAL PLAT OF DELOITTE UNIVERSITY CONFERENCE CENTER; LOCATED IN THE PD 3 -12 ZONING DISTRICT. Town of Westlake Town Council Regular Meeting Minutes August 10, 2009 Town Manager Brymer introduced the item and advised that the Planning and Zoning Commission recommended approval of the final plat. Planning and Development Director Edwards addressed the Council regarding the case. Mr. Adam Reeves of Jacobs Engineering, Mr. John Eisele of Deloitte, Mr. Steve Silverstein of Deloitte, Mr. Brad Blankenship of Jones Lang LaSalle were present and available to address questions from the Council. Mr. Steve Silverstein addressed the Council regarding the status of the project. Mr. Silverstein stated that mass grading is underway and a vertical groundbreaking planned in late October. Additionally, Mr. Silverstein advised the Council that Deloitte expects to open the facility in the fall of 2011. There being no one else requesting to speak, Mayor Wheat closed the public hearing. Page 4 of 7 MOTION: Council Member Corson made a motion to adopt Resolution No. 09 -43, approving the application for final plat of Deloitte University Conference Center, located in the PD 3 -12. Council Member Langdon seconded the motion. The motion carried by a vote of 4 -0. 9. CONDUCT A PUBLIC HEARING AN CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR A SPECIFIC USE PERMIT (SUP) TO ALLOW A GAS WELL PAD SITE TO BE LOCATED WITHIN THE PD 1 PLANNED DEVELOPMENT ZONING DISTRICT LOCATED AT 2450 PRECINCT LINE ROAD. Planning and Development Director Edwards addressed the Council regarding the case. Discussion ensued regarding notifying the Town of Trophy Club regarding the gas well pad site permit cases located adjacent to the Town's city limits.. Council Member Rennhack inquired as to the gas well pad sites impact to the trail system as well as the traffic. Planning and Development Director Edwards advised the Council that the applicant has requested an off -site water source for fraccing purposes, and that fencing will not be installed until the completion of the drilling operation and the the site will be manned 24 hours a days, seven (7) days a week. Council Member Corson inquired as to the impact of potential of peak rates on Westlake residents. Director of Planning and Development Edwards stated that any peak charges will be evaluated and, if caused by drilling, the additional cost will be paid by the applicant. Town of Westlake Town Council Regular Meeting Minutes August 10, 2009 Mr. Mike Silliman and Mr. Tom Allen of Maguire Partners and Ms. Mary Patton of Range Resources were present and available to address any questions of the Council. Mr. Shea Kirkman, Project Manager, Jacobs Engineering Group, advised that they had been in touch with Fidelity Investments regarding the case and Fidelity Investments expressed no concerns. Mayor Wheat opened the public hearing. Mr. Tom Allen, 9 Village Circle, Maguire Partners, addressed the Council regarding the case. Mr. Shea Kirkman, Project Manager, Jacobs Engineering Group, presented aerial views and landscape perspectives of the gas well pad site. Council Member Rollins and Rennhack expressed appreciation to the applicant and the representatives for working with the Town through this process. There being no one else requesting to speak, Mayor Wheat closed the public hearing. Page 5 of 7 MOTION: Council Member Corson made a motion to adopt Ordinance No. 631, approving an application for Specific Use Permit to allow a gas well pad site to be located within PD -1, 2405 Precinct Line Road, with the addition of stipulation # 2 (the applicant be allowed to develop a secondary off -site, water source for the purpose of fraccing wells and at a location approved by staff and in compliance with the Town's ordinances.). Council Member Langdon seconded the motion. The motion carried by a vote of 4- 0. 10. FUTURE AGENDA ITEMS. There were no items presented for consideration. 11. COUNCIL CALENDAR. Mayor Wheat reviewed the Council calendar. Dedication and Ribbon Cutting for the Sam and Margaret Lee Arts & Sciences Center o August 28, 2009, Westlake Academy Campus Town Council Workshop and Regular meeting and Special Called Trustees Meeting o August 31, 2009 Vaquero Baja (fundraiser for the Academy) o September 14, 2009, 3:30 p.m. Town Council Workshop and Regular rneeting Town of Westlake Town Council Regular Meeting Minutes August 10, 2009 12. EXECUTIVE SESSION o September 21, 2009 Town of Westlake Arbor Day Celebration o September 26, 2009, 4 p.m., Glenwyck Farms Park Town Council Workshop and Regular meeting o October 5, 2009 Town Council Workshop and Regular meeting o October 26, 2009 Town Council Workshop and Regular meeting o November 9, 2009 Town Council Workshop and Regular meeting o December 14, 2009 Page 6 of 7 Mayor Wheat advised that no executive session is needed. a. Section 551.074 to discuss personnel matters. Discuss employment of Town Secretary. b. Sec. 551.071(2)- Consult with the Town Attorney regarding a Roadway Funding Agreement with Roland Arthur. c. Sec. 551.072- Property- Deliberate the sale, exchange, or value of real property- FM 1938 ROW 13. RECONVENE MEETING 14. CONSIDER A RESOLUTION APPROVING AN ADDENDUM TO THE ROADWAY FUNDING AGREEMENT WITH ROLAND ARTHUR FOR FM 1938. No action was taken on this item. 15. CONSIDER A RESOLUTION EXPRESSING THE TOWN COUNCILS INTENT TO PURSUE CONDEMNATION FOR ALL NECESSARY RIGHT -OF -WAY AND EASEMENTS RELATED TO THE CONSTRUCTION OF FM 1938 BY THE TEXAS DEPARTMENT OF TRANSPORTATION. To Manager Brymer introduced the item and gave a brief description of the project. Mr. Brymer advised Westlake has attempted, through meeting and negotiations, to acquire the necessary right -of -ways and easements and all efforts have failed up to this point. Mr. Brymer added that the Texas Department of Transportation has advised that all right -of -ways and easements must be in hand before the project is let for bid. Additionally, Mr. Brymer stated the bid environment is very favorable and this represents and opportune time and if the project is not let for bid, the $15 million dollar allocation will be reprogrammed for use in other projects and potential future funding would not be avai table for four or five years. Town of Westlake Town Council Regular Meeting Minutes August 10, 2009 Council Member Rennhack asked if the Town could obtain a copy of the study showing increased water flow, as well as documents regarding what Vaquero has allegedly not followed through with on their end. Mayor Wheat acknowledged the significant cash contribution and right- of -way donations made by Fidelity Investments and WB Texas Resort Communities. MOTION: Council Member Corson made a motion to approve Resolution No. 09-44, directing the Town Manager to initiate the acquisition of real property from Roland Arthur for the FM 1938 project. Council Member Langdon seconded the motion. The motion carried by a vote of 4 -0. 16. TAKE ANY NECESSARY ACTION FROM EXECUTIVE SESSION, IF NECESSARY. MOTION: Council Member Langdon made a motion to appoint Kelly Edwards to serve as the Town Secretary effective August 10, 2009, at an annual salary of $73,000, and to have the Town Secretary report directly to the Town Manager. Council Member Rollins seconded the motion. The motion carried by a vote of 4 -0. 17. 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 Langdon seconded the motion. The motion carried by a vote of 4 -0. Mayor Wheat adjourned the meeting at 9:30 p.m. APPROVED BY THE TOWN COUNCIL ON AUGUST 31, 2009. ATTEST: Kell Edwards, TRMC, Town Secretary For Kim Sutter, TRMC, Town Secretary Page 7 of 7