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.
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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.
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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.
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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.
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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
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