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HomeMy WebLinkAbout11-08-10 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 7:00 p.m. posted start time. Page 1 of 4 Mission Statement TOWN OF WESTLAKE, TEXAS 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 rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community TOWN COUNCIL MEETING AGENDA November 8, 2010 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 4:30 p.m. Regular Session 7:00 p.m. Workshop Session 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM NOVEMBER 8, 2010, COUNCIL REGULAR MEETING AGENDA. Page 2 of 4 3. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: 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: Rosevear and Simonetti 4. RECONVENE MEETING 5. REVIEW AND DISCUSS THE 2011 MEETING CALENDAR. 6. PRESENTATION AND DISCUSS OF THE SOLID WASTE CONTACT WITH ALLIED WASTE SERVICES. 7. PRESENTATION AND DISCUSSION OF THE WATER AND WASTEWATER RATES. 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. 2. CALL TO ORDER PLEDGE OF ALLEGIANCE 3. 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. Page 3 of 4 4. 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 October 25, 2010. b. Consider approval of Resolution 10-38, Designating a public newspaper of general circulation as the official newspaper. 5. 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 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: b. 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: Rosevear and Simonetti 7. RECONVENE MEETING 8. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY 9. COUNCIL RECAP / STAFF DIRECTION Page 4 of 4 10. COUNCIL CALENDAR - Town Offices Closed November 25 – 26, 2010 - Community Tree Lighting November 30, 2010 at 6:30 p.m. Westlake Academy - Town Council Meeting December 13, 2010 - Annual Westlake Employee Award and Christmas Dinner December 15, 2010; 6:30 pm; Marriott Solana - Town Offices Closed December 24th, 27th and 31st , 2010 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, November 3, 2010, 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. 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 October 25, 2010. b. Consider approval of Resolution 10-38, Designating a public newspaper of general circulation as the official newspaper. Town of Westlake Item # 2 – Review of Consent Agenda Items EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: 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: Rosevear and Simonetti Town of Westlake Item # 3 – Executive Session Town of Westlake Item # 4 – Reconvene Meeting Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Town Council Members From: Tom Brymer, Town Manager Kelly Edwards, Town Secretary Subject: Workshop Meeting of November 8, 2010 Date: October 29, 2010 Wkshp Review and discuss the 2011 meeting calendar. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Hospitality Finds its Home in Westlake o Citizen engagement and communication From time to time, the Council’s regular meeting schedule requires modification due to holidays and other events that may create a conflict for Council Members and staff to attend Council meetings. BACKGROUND Several factors have been taken into consideration as staff prepared the 2011 proposed meeting calendar, including national holidays, school holidays, early voting and annual training conferences. The draft calendar does not include any meeting dates for the month of July as requested last year. Meetings scheduled include the Board of Trustees meetings on the 1st Monday of each month and Town Council meetings on the 4th Monday of each month. I have outlined deviations from the regular meetings dates for each month below: Given the limitations and guidelines outlined below, it is recommended the Council hold a special meeting on May 19, 2011, to canvass the election results, administer oaths to elected candidates and also conduct any necessary Town business. May 2010 The canvass can occur as early as the 3rd day following Election Day, but only if Federal Postcard Applications (FPCA) (armed forces, overseas citizens, and dependents residing with them) have been received and the ballot board has completed the count of provisional ballots. In a General Law city, candidates are not eligible to take office until the 5th day after Election Day (excluding Sundays). Consideration must be given to the election as early voting begins Monday, May 2nd and runs through Page 2 of 2 Tuesday, May 10th . Early voting is held in the council chambers/courtroom and relocating the voting apparatus to another location would require pre-clearance by the U.S. Department of Justice. Tarrant County Elections has not selected the date(s) they will conduct early voting at the Town offices. In the past they have scheduled Early Voting at Town offices to begin on the 1st day of Early Voting and continue through Wednesday. Staff recommends moving the Board of Trustees meeting from the 1st Monday to the 2nd Monday of the month to accommodate the County and Westlake residents and voters. We have scheduled the Budget Retreats (9-4pm) for both the Town Council and Board of Trustees for Fridays. The Board budget retreat is scheduled for June 17th and Town budget retreat is scheduled for August 12th . None FUNDING Consider approval of the proposed meeting schedule RECOMMENDATION 2010 Proposed Meeting Calendar ATTACHMENTS: January 2011 1 February 2011 2 March 2011 3 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 April 2011 4 May 2011 5 June 2011 6 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 5/2-5/4 Early Voting 1 2 1 2 3 4 5 6 7 1 2 3 4 5/14 Election Day 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5/19 Election Canvass/Oath 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 5/17 New member 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 orientation 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 5/23 Governance Retreat 9:00 - 4:00 6/17 WA Budget Retreat July 2011 7 August 2011 8 September 2011 9 9:00-1:00 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 1 2 3 4 5 6 1 2 3 8/12 TC Budget Retreat 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9:00-1:00 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 ICMA 9/18-9/21 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October 2011 10 November 2011 11 December 2011 12 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 1 2 3 4 5 1 2 3 TML 10/11-10/14 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 School Board School & Town Holiday Budget / Meeting Retreats Town Council School Holiday Town Holiday New Council/BOT Election Day /First/Last Day Orientation Special Meeting to of School Canvass Returns Meeting Schedule Town of Westlake Paydays Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular Workshop Meeting of November 8, 2010 Date: October 28, 2010 Wkshp Presentation and review of the solid waste contract with Allied Waste Services ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardships o Infrastructure maintenance and planning Hospitality Finds its Home in Westlake o Citizen engagement and communication o Historic Preservation o Tourism development The Town of Westlake’s residential solid waste and recycling services provided by Allied Waste Services expires in December 2011, however, it includes a provision that allows a contract extension of additional five year terms if mutually agreeable in writing. Allied Waste has proposed a contract amendment that will extend the contract until December 2016, secure current BACKGROUND Page 2 of 2 rates until November 2012, and transition solid waste pick up from twice a week to once a week in conjunction with weekly residential recycling collection. The current rate adopted by the Board of Alderman was the first rate increase for solid waste and recycling services since 2001. In July 2008 the Town assumed residential solid waste billing as specified in the contract, which had historically been provided by Allied Waste. In exchange for performing the billing, Allied Waste Services retained 6% of the 12% Town assessed franchise fees. This arrangement occurred prior to the Town established a utility department with the capability to bill residents. The Town’s acquisition of the residential billing was a necessary progression as it provided better management of solid waste accounting, generated additional revenue, brought the Town into compliance with the contract, and was/is consistent with billing practices of our surrounding municipalities. In addition to the rate increase and billing assumption in July 2008, the Board of Alderman approved a contract amendment that automated solid waste/recycling collection and incorporated the use of 96 gallon trash and 65 gallon recycling carts provided by Allied Waste. Automation was recognized by the Board of Alderman as the first step to once a week pick up. The transition to once a week trash pick up will encourage recycling participation by forcing residents to utilize the recycling services since Allied Waste will provide additional recycling carts at no cost. N/A FUNDING Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular Workshop Meeting of November 8, 2010 Date: October 28, 2010 Wkshp Presentation and review of the Town’s water and sewer rate structure - ITEM Part 2 This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation We are Leaders o Premier educational facilities and programs o Producing well educated future leaders and thinkers o Business partnerships with Westlake Academy o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardships o Infrastructure maintenance and planning Town staff previously presented a Utility Rate Review at the regular workshop meeting on April 19 BACKGROUND th , which covered the basic concepts of utility rate making philosophies and policies. Today’s presentation will focus more on what factors comprise and affect Westlake’s utility rates, as well as identify proposed rate options to be presented for adoption at the regular Council meeting on December 13, 2010. The current water and sewer rates and structure were adopted in October 2008 based on a rate analysis conducted by a rate analyst, Carolyn Marshal. Although the rates were adopted in October the rate increase was not implemented until January 2009. The January rate adjustment did not include a sewer rate increase. Municipalities typically conduct a comprehensive rate Page 2 of 2 study about every three years, with staff making adjustments in between. The rate study conducted by Mrs. Marshall included the review of historical water/sewer consumption and revenues, meetings with Town staff, and a computer rate model that allowed staff to utilize when preparing the previous and current budgets. Mrs. Marshall’s rate study considered the 2008 rate structure, capital assets, depreciation, operation and maintenance expenses, debt, and revenues. The purpose of the study was to determine whether the Utility Fund was accomplishing full recovery of cost of services while maintaining an appropriate fund reserve balance. N/A FUNDING Westlake Water Rate pt 1 presentation ATTACHMENTS Ft. Worth Contract presentation 1 2 3 4 5 6 7 8 9 8/30/2010 1 8/30/2010 2 Subcommittee Goals & Subcommittee Goals & ObjectivesObjectives Protect our interest Protect our interest Ensure our existing rights and privileges Ensure our existing rights and privileges were not reduced/eliminatedwere not reduced/eliminated Review contract with counterparts to identify Review contract with counterparts to identify concerns concerns Develop alternative contract languageDevelop alternative contract language Compel Fort Worth to justify contract Compel Fort Worth to justify contract changeschanges 55 Salient of points of Salient of points of Proposed ContractProposed Contract Timeline Timeline Definition additions and changes Definition additions and changes Street rental fee Street rental fee ––Def. pgs 6Def. pgs 6--77 Water restriction and conservation policies Water restriction and conservation policies ––Article. Article. 2.5, pg 82.5, pg 8 Power of WCAC Power of WCAC ––Article 15, pg 18Article 15, pg 18 Alternative Dispute Resolution Alternative Dispute Resolution ––Article 22.6, pg 25Article 22.6, pg 25 Assignment of contract Assignment of contract ––Article 22.8 pg 26Article 22.8 pg 26 System Costs System Costs ––Articles 6.1.2 & 6.1.3, pg 12Articles 6.1.2 & 6.1.3, pg 12 PILOT PILOT ––included in system costs aboveincluded in system costs above 66 WHAT IS A PILOT?WHAT IS A PILOT? Payment In Lieu Of TaxesPayment In Lieu Of Taxes Meant to offset ad valorem taxes lost due to Meant to offset ad valorem taxes lost due to the nonthe non--profit status of the Fort Worth water profit status of the Fort Worth water systemsystem Levied against net book value of assets Levied against net book value of assets classified as plant and property using Fort classified as plant and property using Fort Worth ad valorem rateWorth ad valorem rate Allocated between retail and wholesale Allocated between retail and wholesale customers based on consumption volumecustomers based on consumption volume 77 LEGALITY OF A PILOT?LEGALITY OF A PILOT? Can the City of Fort Worth legally charge a Can the City of Fort Worth legally charge a PILOT to its customer cities? PILOT to its customer cities? Are there any other regional water providers Are there any other regional water providers that impose a PILOT to wholesale that impose a PILOT to wholesale customers? customers? Does the PILOT violate the Town’s taxDoes the PILOT violate the Town’s tax-- exempt status? exempt status? 88 8/30/2010 3 Equity?Equity? City of Fort Worth Water SystemCity of Fort Worth Water System Retail Customers (Fort Worth citizens)Retail Customers (Fort Worth citizens) Wholesale Customers (Municipalities/MUDs)Wholesale Customers (Municipalities/MUDs) 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. 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." 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. Town of Westlake Item # 3 – Citizen’s Presentations and recognitions 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 October 25, 2010. b. Consider approval of Resolution 10-38, Designating a public newspaper of general circulation as the official newspaper. Town of Westlake Item # 4 - Consent Agenda Items Town Council Minutes 10/25/10 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL REGULAR MEETING October 25, 2010 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Assistant to the Town Manager Ginger Awtry, Public Works Director Jarrod Greenwood, Municipal Court Administrator Amanda DeGan, Facilities and Recreation Director Troy Meyer and Director of Human Resources and Administrative Services Todd Wood. Workshop Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 4:51 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM OCTOBER 25, 2010, COUNCIL REGULAR MEETING AGENDA. Mayor Wheat asked that Executive Session be moved to the end of the workshop allowing our guest to speak. 3. PRESENTATION AND DISCUSSION FROM RUSSELL LAUGHLIN, HILLWOOD DEVELOPMENT, REGARDING GROWTH AND TRANSPORTATION IN THE AREA. Russell Laughlin, Hillwood Development, provided a presentation and overview regarding regional growth and transportation. Topics included commercial real estate, the economic impact of transportation, general impacts and the implications for Tarrant County and the North Tarrant Express. Town Council Minutes 10/25/10 Page 2 of 6 4. PRESENTATION AND DISCUSSION FROM THE WESTLAKE HISTORICAL PRESERVATION SOCIETY. President Sharon Sanden provided an update regarding the museum move, walk-by exhibits, and the increase of members and book sales. She stated the board’s annual meeting is November 4th at the Stoltenberg’s home and Ms. Joyce Roach, WHPS board member, will be inducted in the Cowgirl Hall of Fame. 5. PRESENTATION AND DISCUSSION REGARDING WESTLAKE CODE OF ORDINANCES CHAPTER 14, ARTICLE II, ANIMAL CONTROL. Keller Police Lieutenant Michael Wilson provided an overview of the current Animal Control ordinance and Keller’s ordinance. Both ordinances operate under similar provisions. Discussion ensued regarding the comparison of revenues, annual fees, and how to ensure compliance. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Pursuant to Texas Government Code Section 551.087: Deliberation Regarding Economic Development Negotiations – The Town Council will deliberate the offer of a financial or other incentive to a business prospect. b. 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: Rosevear and Simonetti 7. RECONVENE MEETING 8. DISCUSSION OF TOWN’S STRATEGIC PLAN AS IT RELATES TO FORMATION OF A GREEN TEAM TO ADDRESS ENVIRONMENTAL STEWARDSHIP INITIATIVES. Town Manager Brymer reviewed the item and recommended forming an ad-hoc group to work on this initiative of the strategic plan. Town Council Minutes 10/25/10 Page 3 of 6 Mayor asked Council Member Langdon if she would meet with Tom and staff prior to forming the group. The Council also asked staff to provide the electricity, water and other utilities usages amount for the academy for review at the December meeting. 9. DISCUSSION REGARDING AMENDMENTS TO THE PERSONNEL MANUAL. Director of Human Resources and Administrative Services Wood provided an overview of the amendment to increase the amount of vacation time employees may carry over each year and how employees accrue vacation. Discussion ensued regarding the amount of time that employees have forfeited, the possibility to consider a merit increase instead of losing vacation and the option for employees to cash out/sell back vacation during the year. 10. COUNCIL RECAP / STAFF DIRECTION The Council recommends staff to move forward and amend the animal control ordinance to mirror Keller’s ordinance. 11. ADJOURNMENT There being no further business, Mayor Wheat adjourned the workshop at 7:44 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular meeting to order at 7:44 p.m., with all Council Members present. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. Town Council Minutes 10/25/10 Page 4 of 6 4. CONSENT AGENDA a. Consideration of Resolution 10-27, Authorizing the destruction the destruction of Westlake Academy records in compliance with the Texas State Library and Archive Commission schedules. b. Consider approval of Resolution 10-33, Appointing a member to the Westlake Academy Foundation Board. c. Consideration of Resolution 10-34, Approving amendments to the Personnel Manual. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Member Brittan seconded the motion. The motion carried by a vote of 4-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 647, AN APPLICATION FOR A SPECIFIC USE PERMIT (SUP-07-01-2010) TO AUTHORIZE ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES FOR LOT 1 OF THE DELOITTE UNIVERSITY CONFERENCE CENTER. Mayor Wheat opened the public hearing. Planning and Development Director Edwards provided an overview of the request. He stated that the Planning and Zoning Commission approved the request unanimously. Jeff Totten, Director at Deloitte University, stated they will sell alcoholic beverages on premise to their employees staying on property. With no one else wishing to speak, Mayor Wheat closed the public hearing. MOTION: Council Member Cox made a motion to approve Ordinance 647, Approving a Special Use Permit (SUP-07-01-2010) authorizing on- site sales and consumption of alcoholic beverage for Lot 1 of the Deloitte University Conference Center. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 6. DISCUSSION AND CONSIDERATION OF RESOLUTION 10-35, FOR A PRELIMINARY PLAT AND RESOLUTION 10-36, FOR A FINAL PLAT APPLICATION FOR PROPERTY KNOWN AS WESTLAKE CORNERS NORTH, LOCATED WITHIN THE PD 3-11 ZONING DISTRICT. Planning and Development Director Edwards provided an overview of the plats that include the preliminary platting of three (3) lots and final platting of two (2) lots on South end of the property. He mentioned QuickTrip and Centennial Fine Wine and Spirits will occupy two (2) of the buildings. He also stated that the staff will not file the Town Council Minutes 10/25/10 Page 5 of 6 final plat until utilities have been extended to the property or it has been addressed with a developer’s agreement. Details regarding lighting and signage will be discussed during the Site Plan process. QuickTrip plans to build a new proto-type of building at this location. The Planning and Zoning Commission recommended approved both plats unanimously. MOTION: Council Member Brittan made a motion to approve Resolution 10-35, Approving a Preliminary Plat for Lots 1-3 of property known as Westlake Corners North located within the PD 3-11 Zoning District. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. MOTION: Council Member Cox made a motion to approve Resolution10- 36, Approving a Final Plat for Lots 1 and 2 of property known as Westlake Corners North located within the PD 3-11 Zoning District. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 7. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Pursuant to Texas Government Code Section 551.087: Deliberation Regarding Economic Development Negotiations – The Town Council will deliberate the offer of a financial or other incentive to a business prospect. 8. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:40 p.m. 9. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY - No Action Taken 10. FUTURE AGENDA ITEMS - None 11. COUNCIL RECAP / STAFF DIRECTION - None Town Council Minutes 10/25/10 Page 6 of 6 12. COUNCIL CALENDAR - WHPS Living History Presentation October 26, 2010 (7:00 pm WA Performance Hall) - Annual TML Conference (Corpus Christi) October 26-29, 2010 - Town Council Meeting November 8, 2010 - Town Offices Closed November 25 – 26, 2010 13. ADJOURNMENT Council Member Brittan was not present. 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 3-0. Mayor Wheat adjourned the meeting at 9:41 p.m. APPROVED BY THE TOWN COUNCIL NOVEMBER 8, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Kelly Edwards, Town Secretary Subject: Regular Meeting – November 8, 2010 Date: October 28, 2010 Regular Consider a Resolution designating a public newspaper of general circulation as the official newspaper. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o High quality services delivery coupled with financial stewardships  Hospitality Finds its Home in Westlake o Citizen engagement and communication In accordance with Section 52.004(a) of the Texas Local Government Code, the governing body of a municipality shall designate, by ordinance or resolution, a public newspaper of the municipality to be the municipality’s official newspaper until another newspaper is selected. Since 2002, the Town of Westlake has designated Alliance Regional Newspapers as the official newspaper. BACKGROUND This year Staff would like to change to the Fort Worth Star Telegram. The Star Telegram provides more flexibility for last minute publications and a larger area of circulation. Staff currently uses the Star Telegram for bid publications and some employment ads. The Town will use the Star Telegram for the purpose of publishing ordinances, public notices, or other matter required by law or ordinance to be published. The Fort Worth Star Telegram does meet the requirements of the definition of an Official Newspaper as outlined in Section 2051.044 of the Government Code (excerpt below): § 2051.044. TYPE OF NEWSPAPER REQUIRED. (a) The newspaper in which a notice is published must: (1) devote not less than 25 percent of its total column lineage to general interest items; (2) be published at least once each week; (3) be entered as second-class postal matter in the county where published; and Page 2 of 2 (4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. (b) A weekly newspaper has been published regularly and continuously under Subsection (a) if the newspaper omits not more than two issues in the 12-month period. (c) This section does not apply to the publication of a notice to which Section 2051.0441 applies. Minimal if any – due to the requirement to publish any ordinance issuing a penalty for two days. FUNDING Approve the Resolution designating the Fort Worth Star Telegram as the Town of Westlake’s paper of record. RECOMMENDATION Resolution ATTACHMENTS: Resolution 10-38 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-38 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF WESTLAKE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 52.004, Local Government Code, requires the Town Council of the Town of Westlake, Texas ("Council") to determine, by ordinance or resolution, a public newspaper to be the official newspaper for the Town of Westlake, Texas ("Town"); and WHEREAS, Section 52.004(a) of the Texas Local Government Code provides that the governing body of a municipality shall designate an Official Newspaper for the Town at the beginning of each fiscal year; and WHEREAS, the Council finds that the Fort Worth Star Telegram satisfies the requirements of Chapter 2051 of the Texas Government Code; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: 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, Texas, hereby determines and establishes the Fort Worth Star Telegram as the official newspaper for Westlake for the Fiscal Year 2010- 2011. SECTION 3: That the Town Secretary is hereby directed to publish all 2010-2011 notices and advertisements in the Fort Worth Star Telegram in accordance with the Laws of the State of Texas. SECTION 4 : 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 10-38 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 8th DAY OF NOVEMBER 2010. ________________________________ ATTEST: Laura Wheat, Mayor ____________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney 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 #5 - Future Agenda Items EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: 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: Rosevear and Simonetti Town of Westlake Item # 6 – Executive Session Town of Westlake Item # 7 – Reconvene Meeting TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY 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: Rosevear and Simonetti Town of Westlake Item # 8 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #9 Council Recap / Staff Direction COUNCIL CALENDAR - Town Offices Closed November 25 – 26, 2010 - Community Tree Lighting November 30, 2010 at 6:30 p.m. Westlake Academy - Town Council Meeting December 13, 2010 - Annual Westlake Employee Award and Christmas Dinner December 15, 2010; 6:30 pm; Marriott Solana - Town Offices Closed December 24th, 27th and 31st , 2010 Town of Westlake Item # 10 – Council Calendar Town of Westlake Item # 11 – Adjournment Back up material has not been provided for this item.