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HomeMy WebLinkAbout10-25-10 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 October 25, 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 OCTOBER 25, 2010, COUNCIL REGULAR MEETING AGENDA. 3. EXECUTIVE SESSION Page 2 of 4 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. 4. RECONVENE MEETING 5. PRESENTATION AND DISCUSSION FROM THE WESTLAKE HISTORICAL PRESERVATION SOCIETY. 6. PRESENTATION AND DISCUSSION FROM RUSSELL LAUGHLIN, HILLWOOD DEVELOPMENT, REGARDING GROWTH AND TRANSPORTATION IN THE AREA. 7. PRESENTATION AND DISCUSSION REGARDING WESTLAKE CODE OF ORDINANCES CHAPTER 14, ARTICLE II, ANIMAL CONTROL. 8. DISCUSSION OF TOWN’S STRATEGIC PLAN AS IT RELATES TO FORMATION OF A GREEN TEAM TO ADDRESS ENVIRONMENTAL STEWARDSHIP INITIATIVES. 9. DISCUSSION REGARDING AMENDMENTS TO THE PERSONNEL MANUAL. 10. COUNCIL RECAP / STAFF DIRECTION 11. 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. 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. Page 3 of 4 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. 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. 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. 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 9. TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY 10. 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 11. COUNCIL RECAP / STAFF DIRECTION Page 4 of 4 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 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, _______________ _______, 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. The 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 2 TOWN OF WESTLAKE, TEXAS Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community TOWN COUNCIL MEETING AGENDA October 25, 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 ADDENDUM 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM OCTOBER 25, 2010, COUNCIL REGULAR MEETING AGENDA. 3. EXECUTIVE SESSION Page 2 of 2 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 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, October 22, 2010, by 10:30 a.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. 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. 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. 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. Town of Westlake Item # 3 – Executive Session Town of Westlake Item # 4 – Reconvene Meeting Page 1 of 1 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Meeting of October 25, 2010 Date: October 18, 2010 Wkshp Presentation and Discussion from the Westlake Historical Preservation Society 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 In accordance with the Town Council’s adopted Advisory Board Policy, Section III (A), the Westlake Historical Preservation Society’s President Sharon Sanden will report on the Society’s activities over the past year and discuss proposed plans for the upcoming year. BACKGROUND FUNDING : N/A After hearing update from WHPS President Sanden, engage in any further discussions and/or questions about organization activities or future direction as desired by Town Council. RECOMMENDATION ATTACHMENTS : N/A Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Council Members From: Kelly Edwards, Town Secretary Subject: Meeting of October 25, 2010 Date: October 15, 2010 Wkshp Presentation and discussion from Russell Laughlin, Hillwood Development, regarding growth and transportation in the area. 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 Development and growth are occurring in our area and transportation is a major concern for everyone. Russell Laughlin, Hillwood Development, will provide a presentation that will focus on the state’s five transportation goals – with an emphasis on economic opportunity and the next generation of transportation needs. BACKGROUND N/A FUNDING Page 2 of 2 N/A RECOMMENDATION N/A ATTACHMENTS Page 1 of 9 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Eddie Edwards, Director of Planning and Development Subject: Meeting of October 25, 2010 Date: October 18, 2010 Wkshp Presentation and Discussion Regarding Westlake Code of Ordinances Chapter 14, ITEM Article II. Animal Control 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 At the November 9, 2009 Council Meeting, Council Member Carol Langdon requested that staff look into updating our animal control ordinances and possibly require licensing or registration of pets residing within the town limits of Westlake. The animal control enforcement duties are currently handled by the Keller Police Department as part of our contract for police services with the City of Keller. BACKGROUND A Keller Police Department representative will make a presentation detailing: • The differences between Keller and Westlake animal control ordinances. • The potential revenues to be gained. Page 2 of 9 • The potential expenses to be incurred. • The potential impacts to the police services contract resulting from amending our ordinances. Unknown at current time and will depend on any future amendments, if necessary. FUNDING After hearing report, engage in additional discussion and ask questions regarding any proposed modifications regarding current Town animal control ordinance and provide Staff direction as necessary. RECOMMENDATION Chapter 14, Article II ATTACHMENTS Page 3 of 9 ARTICLE II. ANIMAL CONTROL DIVISION 1. GENERALLY Sec. 14-31. Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means any live creature, both domestic and wild, except humans. The term "animal" includes fowl, fish and reptiles. Animal control officer means an employee or agent of the town, designated by the town manager to administer and enforce the licensing, inspection and enforcement requirements contained within this article. Animal hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries. Animal nuisance means any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal. Animal shelter means any facility operated by the town or humane society for the temporary care, confinement and detention of animals and for the humane euthanizing and other disposition of animals. The term "animal shelter" shall also include any private facility authorized by the town manager or their designee to impound, confine, detain, care for or euthanize any animal. At heel means that a dog is directly behind or next to a person and obedient to that person's command. At large means that an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal. Cruelty means any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, the term "cruelty" shall mean a failure to employ the most humane method reasonably available. Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. The term "disposition" includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location. Domestic animal means dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement. Exotic animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the feline species other than domestic cat (Felis domesticus), member of the canine species other than domestic dog (Canis familiaris) or any other animal that would require a standard of care and control greater than that required for domestic farm animals or customary household pets sold by commercial pet shops. Page 4 of 9 Guard dog and attack dog mean a dog trained to attack on command or to protect persons or property, and who will cease to attack upon command. Harbor means to feed or shelter an animal for three or more consecutive days. Impoundment means the taking into custody of an animal by any police officer, animal control officer, or any authorized representative thereof. Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. Owner means any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this article. Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to: (1) Any animal that is repeatedly found running at large; (2) Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint; (3) Any animal that damages, soils, defiles or defecates on any property other than that of its owner; (4) Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (5) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (6) Any animal in heat that is not confined so as to prevent attraction or contact with other animals; (7) Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of- way; (8) Any animal that chases motor vehicles in a public right-of-way; (9) Any animal that attacks domestic animals; (10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; (11) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities. Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission. Under restraint means that an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises. Vicious animal and dangerous animal mean any animal that attacks, bites, or physically injures human beings, domestic animals, or livestock without adequate provocation, or which, because of temperament or training, has a known propensity to attack, bite, or physically injure human beings, domestic animals, or livestock. Any wild animal or any animal that without Page 5 of 9 provocation has bitten or attacked a human being or other animal shall be prima facie presumed vicious or dangerous. Wild animal means any monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in a wild state. The term "wild animal" does not include domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. (Ord. No. 347, § 2, 2-14-2000) Cross references: Definitions generally, § 1-2. Sec. 14-32. Nuisances. It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the town when the keeping of the animal constitutes a public nuisance or menace to public health or safety. (Ord. No. 347, § 3, 2-14-2000) Sec. 14-33. Keeping of exotic animals. It shall be unlawful for anyone to own or harbor any exotic animal without the written permission of the town manager or his/her designee. Such permission shall be given only if it is demonstrated to the satisfaction of the town manager or his/her designee that the animal will not constitute a threat to public health or safety. (Ord. No. 347, § 4, 2-14-2000) Sec. 14-34. Number of animals kept; location of kennels. (a) It shall be unlawful for any person to keep more than three dogs, cats or other animals within the town; except that a litter of pups, kittens or other young animals may be kept for a period of time not exceeding five months from birth. This subsection shall not apply to any permitted establishment where animals are kept for breeding, sale, sporting purposes, or boarding. The number of large animals may not exceed that allowed in section 14-40. (b) In areas where kennels are permitted, no kennel shall be located closer than 500 feet from the property line of the nearest adjacent residential lot. (Ord. No. 347, § 5, 2-14-2000) Sec. 14-35. Caring for animals. (a) It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide the animal with sufficient wholesome and nutritious food, potable water, veterinary care when needed to prevent suffering, humane care and treatment, or to unnecessarily expose the animal in hot, stormy, cold or inclement weather. (b) No owner or custodian of any animal shall willfully abandon the animal on any street, road, highway or public place, or on private property when not in the care of another person. (Ord. No. 347, § 6, 2-14-2000) Sec. 14-36. Sanitation. (a) No owner or custodian of any animal shall cause or allow the animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon Page 6 of 9 private property other than that of the owner, unless the owner or custodian immediately removes and disposes of all feces deposited by the animal by the following methods: (1) Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and (2) Removal of the bag or container to the property of the animal owner or custodian and disposition thereafter in a manner as otherwise may be permitted by law. (b) No person owning, harboring or keeping an animal within the town shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, so as to create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others. (c) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities. (Ord. No. 347, § 7, 2-14-2000) Sec. 14-37. Injuring and poisoning of animals prohibited. (a) It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to the animal; except that reasonable force may be used to drive away vicious or trespassing animals. (b) No person, except a licensed veterinarian for humanitarian purposes, shall administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal. The provisions of this section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents. (Ord. No. 347, § 8, 2-14-2000) Sec. 14-38. Disposition of large animals. Any animal control officer or other designated person on call who removes a large animal such as a horse, cow, mule or any other animal not acceptable by any animal hospital or shelter shall be authorized to call a trucking firm or company which shall convey the animal to a farm or other appropriate facility that has an agreement with the town to accept such animals. The disposition of any animal removed to a facility other than an animal hospital or shelter shall be handled in the same manner as though the animal were confined in an animal hospital or shelter. (Ord. No. 347, § 14, 2-14-2000) Sec. 14-39. Vaccination of dogs and cats. Proof of rabies vaccination is required. All owners of dogs or cats must show to the satisfaction of the animal control officer that their dog or cat has been inoculated against rabies within the last two years. (Ord. No. 347, § 15, 2-14-2000) State law references: Rabies vaccinations, V.T.C.A., Health and Safety Code § 826.021 et seq. Sec. 14-40. Area for keeping grazing animals. Grazing animals 500 pounds or greater, including horses and cattle, must have a minimum fenced or enclosed area of 40,000 square feet per animal. Grazing animals of less than Page 7 of 9 500 pounds, including sheep and goats, must have a minimum fenced or enclosed area of 15,000 square feet per animal. (UDC 1994, art. IV, § 7.1; Ord. No. 347, § 18, 2-14-2000) Sec. 14-41. Enforcement. Animal control officers, contracted with the town or other designees of the town manager, shall be the enforcement officials for this article. These officials, along with police officers, shall have the authority to act on behalf of the town in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required to enforce the provisions of this article. It shall be a violation of this article to interfere with any animal control officer or other enforcement official in the performance of his duties. (Ord. No. 347, § 19, 2-14-2000; Ord. No. 512, § 7, 4-23-2007) Sec. 14-42. Violations and penalties. (a) It shall be a violation of this article to: (1) Fail to comply with any provision of this article; and (2) Fail to comply with any lawful order of the animal control officer, or police officer unless the order is lawfully stayed or reversed. (b) Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $100.00. If a violation continues, each day's violation shall be deemed a separate offense. (Ord. No. 347, § 20, 2-14-2000) Secs. 14-43--14-60. Reserved. DIVISION 2. HOGS OR SWINE Sec. 14-61. Keeping of hogs or swine; restrictions. It shall be unlawful for any person to keep, harbor or raise within the limits of the town more than two hogs or swine per acre of landholdings of such person within the limits of the town, or to construct, erect or maintain any pen or other enclosure for such animals which is not less than 1,000 feet from any property adjoining the property of the person keeping, harboring or raising such animals and not less than 1,000 feet from any public road within the limits of the town. (Ord. No. 32, § 1, 1-2-1965) Secs. 14-62--14-80. Reserved. DIVISION 3. RESTRAINT; CONFINEMENT; ANIMALS AT LARGE; IMPOUNDMENT Sec. 14-81. Restraint and confinement generally. (a) It shall be unlawful for the owner of any animal to fail to keep the animal under restraint or to permit the animal to run at large upon the streets and public ways of the town. (b) Any dog, while on a street, sidewalk, public way or in any park, public square, or other public space, or upon any private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the particular dog, or shall be at heel and securely muzzled. Page 8 of 9 (c) No owner or custodian of any animal shall fail to exercise proper care and control of the animal to prevent the animal from becoming a public nuisance. (d) Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. (Ord. No. 347, § 9, 2-14-2000) Sec. 14-82. Restraint of guard dogs. (a) Every owner of a guard dog or of an attack dog shall keep the dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three strands of equally separated barbed wire stretched between them. (b) All anti-climbing devices shall extend inward at an angle of not less than 45 degrees nor more than 90 degrees when measured from the perpendicular. (c) The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape proof. (d) The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies. (Ord. No. 347, § 10, 2-14-2000) Sec. 14-83. Restraint of vicious animals. Every vicious animal shall be confined by its owner or an authorized agent of its owner within a building or secure enclosure and, whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not more than three feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to the animal. (Ord. No. 347, § 11, 2-14-2000) Sec. 14-84. Property owners may impound. Any person finding an animal at large upon his/her property may remove the animal to any animal shelter that will take possession of the animal. If no shelter is available, the property owner may hold the animal in his/her own possession, and as soon as possible, notify the animal control officer. The property owner shall provide a description of the animal and the name of the owner if known. The animal control officer shall take possession of the animal. (Ord. No. 347, § 12, 2-14-2000) Sec. 14-85. Return of animal to owner. If the name of the owner or custodian of an animal found at large is known or can be obtained with reasonable dispatch, the animal control officer shall return the animal to the residential address of the owner. If there is no one present, the animal control officer shall leave written notice of whom the owner must contact to reclaim the animal. The officer shall then remove the animal to the nearest animal hospital or shelter that will accept the animal. (Ord. No. 347, § 13, 2-14-2000) Sec. 14-86. Impoundment. Page 9 of 9 (a) In addition to any other remedies provided in this article, an animal control officer or a police officer may seize, impound and humanely confine to an animal shelter or hospital any of the following animals: (1) Any dog or cat without valid proof of rabies vaccination; (2) Any animal at large; (3) Any animal constituting a public nuisance or considered a danger to the public; (4) Any animal that is in violation of any quarantine or confinement order of the town's chief health officer; (5) Any unattended animal that is ill, injured or otherwise in need of care; (6) Any animal that is reasonably believed to have been abused or neglected; (7) Any animal that is reasonably suspected of having rabies; (8) Any animal that is charged with being potentially dangerous, or dangerous where any animal control officer or the town manager determines that there is a threat to public health and safety; (9) Any animal that a court of competent jurisdiction has ordered impounded or destroyed; (10) Any animal that is considered unattended or abandoned, as in situations where the owner is deceased or has been arrested or evicted from his/her regular place of residence. (b) An animal control officer or police officer may also, or in lieu of impoundment, issue to the owner a notice of violation. The notice shall impose upon the owner a penalty of $100.00 that shall be paid to the town within 72 hours in full satisfaction of the assessed penalty. In the event that the penalty is not paid within the time period prescribed, a warrant shall be initiated before a magistrate and, upon conviction for violation of this article, the owner shall be punished as provided by this article. (Ord. No. 347, § 16, 2-14-2000) Sec. 14-87. Notice to owner and redemption. (a) Upon impoundment of an animal, the animal control officer shall immediately attempt to notify the owner by telephone, visit to residence or certified mail. If the owner is unknown, the animal control officer shall post written notice for three consecutive days at the town hall describing the animal and the time and place of taking. Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed, and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within a specified period of time may result in the disposition of the animal. (b) An owner reclaiming an impounded animal shall pay the fee of the appropriate shelter where his/her animal has been impounded. The daily rate charged for any subsequent impoundment occurring within 12 months shall be double at the rate which was charged for each day of confinement during the first impoundment. (c) Any animal not reclaimed by its owner within ten working days shall become the property of the town and shall be placed for adoption in a suitable home or euthanized in a humane manner. (Ord. No. 347, § 17, 2-14-2000) Page 1 of 1 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Meeting of October 25, 2010 Date: October 11, 2010 Wkshp Discussion of Town’s Strategic Plan as it Relates to Formation of a Green Team to Address Environmental Stewardship Initiatives ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS We are Leaders o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardships BACKGROUND : In July 2009 the Town Council adopted the Town’s first strategic plan. In addition to the vision, mission, and value statements contained in that strategic plan, it set 3 vision points with “We are Leaders” being one of them. Under this vision point is the Key Result Area (KRA) of Enviromental Stewardship Initiatives which has as one of its outcome strategies the formation of a Westlake Green Team. FUNDING : Not determined at this time. RECOMMENDATION : Recommend discussion of this strategic plan outcome strategy (see attachment). ATTACHMENTS Page 13 if the adopted Town Strategic Plan as it relates to this Key Result Area and outcome strategy. : Beginning Phase of A&S Site Preparation Westlake Academy and Student Body Page 13 2009 Producing Well Educated Future Leaders and Thinkers (cont.) B. Internships and Mentoring Objective 2.4: Meet with staff to determine level of interest and assistance the interns will be able to provide and formulate rotation to allow students the experience of working in all aspects of local government. Estimated Completion Date: Fall, 2009 Objective 2.5: Coordinate placement opportunities with local businesses and prepare evaluation forms and feedback process for both students and employers. Estimated Completion Date: Spring, 2010 Objective 2.6: Select interns and prepare a schedule with Town and Academy staff. Estimated Completion Date: Spring, 2010 ENVIRONMENTAL STEWARDSHIP INITIATIVES—Develop and implement comprehensive ‘green’ programs for the residents, corporations, and the Academy. Outcome Measure: Implementation of approved environmental programs within five years. Outcome Strategies: 1. Develop a comprehensive automated recycling and composting program to identify new technology which may be utilized in our environmental stewardship — Short-Range and On-going Goals. Team Co-Leaders: Jarrod Greenwood / Troy Meyer Objective 1.1: Conduct Council workshop presentation to identify environmental stewardship initiatives and prioritize tasks within the program — to include, geo-thermal and bio-diesel options and e-waste recycling opportunities Estimated Completion Date: Spring, 2010 A. Formation of Westlake Green Team Objective 1.2: Establish the Westlake Green Team to address issues with recycling/composting. Will include Town Council, staff, student representatives, corporate residents and waste management provider. Estimated Completion Date: Spring, 2010 Objective 1.3: Coordinate activities of Team with NCTCOG, especially its Green Cities Committee. B. Recycling Program Objective 1.4: Survey surrounding recycling and composting programs and available services to develop a comprehensive program. Estimated Completion Date: Winter, 2009 Objective 1.5: Implement recycling program at all Town facilities. Estimated Completion Date: Summer, 2009 Objective 1.6: Provide hazardous material disposal for citizens. Estimated Completion Date: On-going Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Todd Wood, Director of HR and Administrative Services Subject: Meeting of October 25, 2010 Date: October 25, 2010 Wkshp Discussion regarding amendments to the personnel manual. ITEM Regular Consider a Resolution approving amendments to the Town of Westlake Personnel Manual. 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 Personnel Manual is a written compilation of the Town’s policies, procedures, and benefits. It is a comprehensive document which must be updated in response to changing laws, employment trends, as well as internal changes in structure and benefits. BACKGROUND Page 2 of 2 Under the current policy, Town employees are eligible to carryover up to one (1) year of unused, earned vacation hours. An employee’s bank may have a maximum of one year of earned vacation, and one year of unearned or partially earned vacation. Hours exceeding the one-year limit result in employees forfeiting unused vacation time on their anniversary dates. As a result, the current policy can have a punitive effect on departments with little or no staffing depth. Department Heads are the most likely to forfeit vacation hours each year on their anniversary dates. Such forfeitures are typically not the result of improper vacation planning. Rather, employees often make the difficult choice to meet the needs of the Town at the expense of losing an earned benefit. It is recommended that the current policy be amended to the maximum amount of earned vacation in each employee’s bank from one year to two years. This policy amendment would give employees additional flexibility to use their vacation benefits, while balancing the needs of their department. The change in this policy could have a financial impact on the Town, although it is estimated that it would be minimal and infrequent. Employees terminating employment for reasons other than gross misconduct are paid the cash value of unused, earned vacation. In these circumstances, it is possible that these payments could increase if the employee has earned hours above the current threshold. It is the opinion of the HR Department that several mitigating factors would minimize any financial impact. First, the Town has historically enjoyed a very low employee turnover rate. Second, analysis of previous vacation payouts indicate that most employee turnover occurs in non-supervisory positions. These positions are more likely to maintain vacation balances under our current threshold. Therefore, it may be years before the Town sees an increased payout upon termination, and this will only occur if the employee has earned the time that would have been forfeited under the current policy. FUNDING Staff recommends approval. RECOMMENDATION Resolution ATTACHMENTS: Exhibit “A” showing proposed policy Resolution 10-34 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION 10-34 A RESOLUTION OF THE WESTLAKE TOWN COUNCIL APPROVING AMENDMENTS TO THE TOWN’S VACATION POLICY AND ITS INCLUSION INTO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town’s leaders. NOW, THEREFORE, BE IT RESOLVED BY THE WESTLAKE TOWN COUNCIL: 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 Westlake Town Council hereby approves the personnel policy amendments attached to this resolution as Exhibit “A”. SECTION 3 : If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OCTOBER, 2010. ___________________________________ ATTEST: Laura Wheat, Mayor ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 10-34 Page 2 of 3 “Exhibit A” – Personnel Manual Amendment Vacation Benefits Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. DPS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. All employees may carry over two (2) years of accrued, earned vacation on their anniversary date. Vacation banks may have a maximum balance of three (3) years of available vacation. As vacation time is added to the employee’s bank on their anniversary date, any unused vacation above the maximum amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. If an employee terminates employment having used more vacation leave than what has earned, the cost of those unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. Vacation leave will apply only for time during which the employee would ordinarily have worked. Employees being transferred, promoted, or demoted shall retain their current accrued vacation and accrual rate. Vacation leave shall not be advanced to employees, nor is it transferable between employees. Official holidays occurring during a vacation shall not be charged to vacation leave. All regular eligible employees shall accrue vacation leave at the following rates: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Resolution 10-34 Page 3 of 3 DPS Personnel shall accrue vacation leave at the following rates: After 6 months of service 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period, and must be used before the employee’s first (1st ) anniversary date. If the vacation remains unused at that time, it will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. On the employee’s first anniversary date, the employee will be given an additional two (2) weeks of vacation to use before their second anniversary date. An employee’s vacation bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. DPS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. DPS personnel may bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. Any unused vacation above this amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. If an employee terminates employment having used more vacation leave than what has accrued for the year, the cost of those unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #10 Council Recap / Staff Direction Town of Westlake Item # 11 – 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. 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. Town of Westlake Item # 4 - Consent Agenda Items Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Kelly Edwards, Town Secretary Subject: Meeting October 25, 2010 Date: October 15, 2010 Consider a Resolution authorizing the destruction of Westlake Academy records in compliance with the Texas State Library and Archive Commission schedules. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  We are Leaders o Environmental stewardship initiatives o Infrastructure maintenance and planning  Hospitality Finds its Home in Westlake o Historic Preservation In 1991 Council passed Ordinance 190 establishing Records Management. The Town Secretary is designated as the Record Manager. Pursuant to Chapter 2, Section 2-208, we are requesting the Town Council’s authorization to destroy the records contained on the destruction log. Each record has met its retention requirement as established by the Texas State Library and Archive Commission as adopted. BACKGROUND If approved the Town will use an Interlocal agreement established with Tarrant County for destruction of these records. This is a free service provided by the County. Chapter 2 Sec. 2-208. (a) A records control schedule that has been approved and adopted under section 2-207 shall be implemented according to the policies and procedures of the records management plan. Implementation of records control schedules; destruction of records under schedule. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the Page 2 of 2 record is pertinent to a pending law suit, or there is a request in writing to the records management officer that the record be retained for an additional period. (c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the board of aldermen. (Ord. No. 190, § 9, 10-10-1991) State law references: Retention periods, Local Government Code § 203.042. No impact FUNDING To approve the Resolution RECOMMENDATION Resolution ATTACHMENTS: Destruction log Resolution 10-27 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-27 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE DESTRUCTION OF WESTLAKE ACADEMY RECORDS IN COMPLIANCE WITH THE TEXAS STATE LIBRARY AND ARCHIVE COMMISSION SCHEDULES. WHEREAS, the Town Council adopted Chapter 2, Administration, Article VI, Records Management; and WHEREAS, it is desirable to reduce the cost of records storage of academic and municipal and records; and WHEREAS, the Town Council finds that the agreement from Tarrant County meets the necessary requirements of the records destruction requirements established by State law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby authorizes the destruction of those records that have met the retention requirements hereto as Exhibit “A” and further authorizes the Records Manager, Town Secretary, to destroy the said records in accordance to the State law through an Interlocal agreement with Tarrant County. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25TH DAY OF OCTOBER, 2010. _____________________________ Laura L. Wheat, Mayor Resolution 10-27 Page 2 of 2 ATTEST: _______________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 10/20/2010 S:\Town Secretary\Town\Town Council\Town Agendas\2010\10-25-10\Item 4a3 Res 10-27 Exhibit A-WA Destruction LogItem 4a3 Res 10-27 Exhibit A-WA Destruction Log 1 of 1 EXHIBIT A - RESOLUTION 10-27 Schedule Record Series Number TYPE OF RECORD DESCRIPTION OF RECORD INCLUSIVE DATES LOCATION TO BE STORED STATE RETENTION PERIOD DESTRUCTION DATE Inventory Conducted DESTRUCTION DATE Letters of Schedule Schedule Assigned number Reference State Retention Heading/Type of Record Reference Specific Record Beginning and Ending Date of Materials Enclosed Off-site location (name of facility), Fire Station, Town Hall, etc Reference State Retention Schedules/Periods Calculated by State Retention Schedule according to last date in box or file 1st Initial/Last Name of person preparing box Date Record was destroyed SD 3200-07 Parental Permission Records Permission slips, forms, med info for international travel 8/2007-6/2008 file room at Academy 2 years Jul-10 D. White GR 1050-14 Employment Applications Resumes (Not selected)2004-2007 file room at Academy 2 years Sep-09 D. White SD 3275-02 a,b Attendance Reports Daily and 6 weeks attendance reports 2004-2005 file room at Academy 5 years Jul-10 D. White SD 3275-02 a,b Attendance Reports Daily class attendance rosters-teachers, notes 1/2005-6/2005 file room at Academy 5 years Jul-10 D. White GR 1050-14 Employment Applications Resumes (Not selected)2006-2008 file room at Academy 2 years Sep-10 D. White SD 3275-02 a,b Attendance Reports Daily register, attendance summaries and 6 weeks attendance reports 2003-2004 file room at Academy 5 years Sep-09 D. White SD 3275-02 a,b Attendance Reports Daily class attendance rosters-teachers, parent notes 8/2004-12/2004 file room at Academy 5 years Jan-10 D. White Memo Town of Westlake To: Honorable Mayor and Council Members From: Kelly Edwards, Town Secretary Subject: Meeting of October 25, 2010 Date: October 14, 2010 ITEM Regular Consider a Resolution appointing new a member to the Westlake Academy Foundation. 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 Currently the Westlake Academy Foundation has one vacancy. A recommendation has been made to consider April Gallagher to fill a vacant position. BACKGROUND N/A FUNDING Staff recommends approval RECOMMENDATION Board Application ATTACHMENTS Resolution Resolution 10-33 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-33 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE ACADEMY FOUNDATION BOARD. WHEREAS, Currently, a vacancy exist on the Westlake Academy Foundation board; and WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individual to serve as a member of the Westlake Academy Foundation board for the term noted below: April Gallagher - term expiring June 2012. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: PASSED AND APPROVED ON THIS 25 That this resolution shall become effective from and after its date of passage. th DAY OF OCTOBER 2010. ___________________________________ Laura Wheat, Mayor Resolution 10-33 Page 2 of 2 ATTEST: ____________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Todd Wood, Director of HR and Administrative Services Subject: Meeting of October 25, 2010 Date: October 25, 2010 Wkshp Discussion regarding amendments to the personnel manual. ITEM Regular Consider a Resolution approving amendments to the Town of Westlake Personnel Manual. 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 Personnel Manual is a written compilation of the Town’s policies, procedures, and benefits. It is a comprehensive document which must be updated in response to changing laws, employment trends, as well as internal changes in structure and benefits. BACKGROUND Page 2 of 2 Under the current policy, Town employees are eligible to carryover up to one (1) year of unused, earned vacation hours. An employee’s bank may have a maximum of one year of earned vacation, and one year of unearned or partially earned vacation. Hours exceeding the one-year limit result in employees forfeiting unused vacation time on their anniversary dates. As a result, the current policy can have a punitive effect on departments with little or no staffing depth. Department Heads are the most likely to forfeit vacation hours each year on their anniversary dates. Such forfeitures are typically not the result of improper vacation planning. Rather, employees often make the difficult choice to meet the needs of the Town at the expense of losing an earned benefit. It is recommended that the current policy be amended to the maximum amount of earned vacation in each employee’s bank from one year to two years. This policy amendment would give employees additional flexibility to use their vacation benefits, while balancing the needs of their department. The change in this policy could have a financial impact on the Town, although it is estimated that it would be minimal and infrequent. Employees terminating employment for reasons other than gross misconduct are paid the cash value of unused, earned vacation. In these circumstances, it is possible that these payments could increase if the employee has earned hours above the current threshold. It is the opinion of the HR Department that several mitigating factors would minimize any financial impact. First, the Town has historically enjoyed a very low employee turnover rate. Second, analysis of previous vacation payouts indicate that most employee turnover occurs in non-supervisory positions. These positions are more likely to maintain vacation balances under our current threshold. Therefore, it may be years before the Town sees an increased payout upon termination, and this will only occur if the employee has earned the time that would have been forfeited under the current policy. FUNDING Staff recommends approval. RECOMMENDATION Resolution ATTACHMENTS: Exhibit “A” showing proposed policy Resolution 10-34 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION 10-34 A RESOLUTION OF THE WESTLAKE TOWN COUNCIL APPROVING AMENDMENTS TO THE TOWN’S VACATION POLICY AND ITS INCLUSION INTO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town’s leaders. NOW, THEREFORE, BE IT RESOLVED BY THE WESTLAKE TOWN COUNCIL: 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 Westlake Town Council hereby approves the personnel policy amendments attached to this resolution as Exhibit “A”. SECTION 3 : If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OCTOBER, 2010. ___________________________________ ATTEST: Laura Wheat, Mayor ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 10-34 Page 2 of 3 “Exhibit A” – Personnel Manual Amendment Vacation Benefits Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. DPS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. All employees may carry over two (2) years of accrued, earned vacation on their anniversary date. Vacation banks may have a maximum balance of three (3) years of available vacation. As vacation time is added to the employee’s bank on their anniversary date, any unused vacation above the maximum amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. If an employee terminates employment having used more vacation leave than what has earned, the cost of those unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. Vacation leave will apply only for time during which the employee would ordinarily have worked. Employees being transferred, promoted, or demoted shall retain their current accrued vacation and accrual rate. Vacation leave shall not be advanced to employees, nor is it transferable between employees. Official holidays occurring during a vacation shall not be charged to vacation leave. All regular eligible employees shall accrue vacation leave at the following rates: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Resolution 10-34 Page 3 of 3 DPS Personnel shall accrue vacation leave at the following rates: After 6 months of service 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period, and must be used before the employee’s first (1st ) anniversary date. If the vacation remains unused at that time, it will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. On the employee’s first anniversary date, the employee will be given an additional two (2) weeks of vacation to use before their second anniversary date. An employee’s vacation bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. DPS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. DPS personnel may bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. Any unused vacation above this amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. If an employee terminates employment having used more vacation leave than what has accrued for the year, the cost of those unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Eddie Edwards, Director of Planning and Development Subject: Meeting of October 25, 2010 Date: October 13, 2010 Wkshp ITEM Regular Conduct a Public Hearing and take appropriate action regarding an application for a Specific Use Permit to authorize on-site sales and consumption of alcoholic beverages at the Deloitte University Conference Center. This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS Inviting Residential & Corporate neighborhoods o Sensitivity to neighborhood integrity o Highest quality development and aesthetic standards Hospitality Finds its Home in Westlake o Citizen engagement and communication o Tourism development BACKGROUND As a prerequisite to obtaining a license from the State of Texas for the sale and on-site consumption of alcoholic beverages, an applicant must demonstrate that they will be in compliance with all local ordinances related to the sale and on-site consumption of alcoholic beverages for the location that the license is being requested. The Town of Westlake Planned Development Supplement, Section 12-31, Land Use Schedule, permits “Restaurant, Café, or Dining Facilities with alcohol sales” but only with a Specific Use Permit. The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts. Page 2 of 2 In approving any Specific Use Permit, the board may impose such development standards and safeguards as conditions warrant for the welfare and protection of adjacent properties and citizenry as a whole as it may be affected by this use. The Town of Westlake Code of Ordinances Section 26-65 requires that the Planning and Zoning Commission conduct a public hearing and make a recommendation to the Town Council regarding Specific Use Permits. The Town of Westlake Code of Ordinances Section 26-66 requires that the Town Council conduct a public hearing and make determination on Specific Use Permits. No funding required. FUNDING Planning and Zoning Commission: This case was presented to the Planning and Zoning Commission on September 20, 2010, and they voted unanimously to recommend that the Town Council Approve the Specific Use Permit as requested. RECOMMENDATIONS Staff: Since the development standards were taken into consideration by the Planning and Zoning Commission and the Town Council during the re-zoning and Site Plan approval process and since no additional safeguards, above and beyond our current Code of Ordinances, were thought necessary at that time, staff recommends approval of this SUP. ATTACHMENTS: None. Ordinance 647 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 647 AN ORDINANCE OF THE TOWN OF WESTLAKE APPROVING A SPECIAL USE PERMIT TO ALLOW THE SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES TO DELOITTE, DCLI, LLC., ON LOT 1 OF THE DELOITTE UNIVERSITY CONFERENCE CENTER LOCATED WITHIN THE PD 3-12 ZONING DISTRICT. PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake that it is conformance with the approved concept plan and approved site plan to permit the sale and on-site consumption of alcohol to Deloitte, DCLI, LLC., on Lot 1 Deloitte University Conference Center located within the PD 3-12 zoning district; and WHEREAS, upon the recommendation of the Planning and Zoning Commission the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens, that the Special Use Permit should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 3: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant a Specific Use Permit, authorizing on-site sales and consumption of alcoholic beverages to Deloitte, DCLI, LLC., on Lot 1 Deloitte University Conference Center located within the PD 3-12 zoning district. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, Ordinance 647 Page 2 of 2 paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER 2010. __________________________________ ATTEST: Laura Wheat, Mayor ____________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council/ Chairman and Planning and Zoning Commission From: Eddie Edwards, Director of Planning and Development Subject: Meeting of October 25, 2010 Date: October 13, 2010 Regular Consider and take appropriate action regarding an application for a Preliminary Plat and a Final Plat of the property known as Westlake Corners North, located within the PD 3-11 zoning district. ITEM VISION POINT AND KEY RESULT AREAS This item supports the following 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 Development of property in Westlake requires the Town Councils approval of the zoning, concept plan, preliminary and final platting, and site plan prior to issuance of a building permit. BACKGROUND Page 2 of 2 The subject property was re-zoned in April of 2008. A Concept Plan was approved as part of the re-zoning process. The applicant now desires to preliminary and final plat the property. It is anticipated that once platting is approved, site plans will be submitted for two of the three lots within the near future. None required. FUNDING The preliminary and finals plats comport to the approved zoning and concept plans previously approved for this property. The water and sewer utilities are being extended by the applicant to serve the subject properties. Staff recommends approval of the preliminary and final plats subject to the Developers Agreement attached. RECOMMENDATION Preliminary Plat ATTACHMENTS: Final Plat Concept Plan F 2 0 ’ WE F 2 0 ’ U E F 2 0 ’ U E F 20’ WE 4 8 1 ’BLOCK 1 LOT 1 BLOCK 1 LOT 3 B L O C K 1 L O T 2 1 2 6 ’ 1 2 5 ’ 5 0 ’ T O WN E D G E 50’TOWN EDGE 50’B.L. 3 0 ’ R .B .L . 5 0 ’ F .B .L . 10’S.B.L. 3 0 ’ R .B .L . 3 0 ’ R . B .L . F20’UE F20’WE F20’UE F20’UE F20’WE 6 6 5 6 6 5 645 6 4 5 6 4 5 650 650 650 655 655 655 655 660 660 660 6 6 0 6 7 0 670 655655 655 655 660 660 6 6 0 655 655 6 7 5 675 6756 7 0 670 670 6 5 0 6 6 5 660 655 655 645 6 4 5 645 645 645 6 5 0 6 5 0 6 5 0 6 5 0 6 5 0 650 650 650 655 655 6 5 5 655 6 5 5 6556 5 5 6 5 5 6 5 5 655655 655 6 5 5 655 660 660 660 660 6 6 0 660 6 6 0 660 6 6 0 6 6 0 6 6 0 660 660 6 6 0 660 665 665 665 6 6 5 665 665 665 665 665 6 6 5 6 6 5 665 6 7 0 6 7 0 670 SH 170 U S 3 7 7 SH 114DENTON COUNTY TARRANT COUNTY SITE USES ¨ACRES LAND USE SUMMARY 0’100’200’ SCALE: 1" = 100’ BLOCK 1, LOTS 1-3 BEING A 8.8 ACRES OF LAND SITUATED IN HUFF, WILLAM SURVEY, ABSTRACT NO. 648, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS NON RESIDENTIAL LOTS A PRELIMINARY PLAT FOR HILLWOOD ALLIANCE SERVICES LP 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 817-224-6000 HW 2421 LAND LP/ HW 164 LAND LP/ HILLWOOD ALLIANCE RESIDENTIAL LP 13600 HERITAGE PARKWAY, SUITE 200 FORT WORTH, TEXAS 76177 817-224-6000 4 9 5 ’ V A R I A B L E WI D T H R O W 30’BSB 5’PSB 30’BSB 5’PSB 100’BSB 50’PSB 1 5 " S S LEGEND BL -BUILDING LINE BSB -BUILDING SETBACK F -FUTURE FBL -FRONT BUILDING LINE FM -FORCE MAIN PSB -PAVEMENT SETBACK RBL -REAR BUILDING LINE RCP -REINFORCED CONCRETE PIPE SBL -SIDE BUILDING LINE SE -SEWER EASEMENT SS -SANITARY SEWER UE -UTILITY EASEMENT W -WATER WE -WATER EASEMENT NOTES: 1.Water and Sanitary Sewer service will be provided by the Town of Westlake. 2.Street lighting and sidewalks will be constructed as required by the Circle T Ranch PD3-11, Ordinance No. 592, Pts. I, II, 4-24-2008. 3.Visibility triangles at all driveway and street intersections will comply with the Town of Westlake Engineering Standards for Roadway Facilities. 4.All proposed off-site utilities and drainage will be contained in an easement. 5.Coordinates shown are Texas State Plane coordinates, NAD83 Grid, North Central Zone 4202, based on the Town of Westlake GPS monument number 5 as published in the Town of Westlake GPS Control Monuments 1-10, revised January 7, 2000 using an averaged combined scale factor of 0.999841008. 6.All driveway locations shall be approved by the Town of Westlake and/or TxDOT where applicable. RETAIL 8.83 APPROVED BY THE BOARD OF ALDERMAN OF WESTLAKE, TEXAS on this the _______day of ___________,20_____. ATTEST: Mayor_______________________ Town Secretary____________________ TOWN OF WESTLAKE MONUMENT NUMBER 5 N 7,043,290.79 E 2,355,747.51 N 1 2 ^ 3 5 ’ 0 1 " E 8 2 1 . 7 6 ’ 1 8 " S S 1 8 " S S 1 8 " S S 1 5 " S S 1 5 " S S 15"SS 72"RCP 1 8 " S S 10"W 3"W10"W 8"W 8"W 8 " W 8"W 8"SS 8 " S S G A S 36"RCP 42"RCP 27 " 15"RCP 1 2 " R C P 1 0 " 54"R C P 48"RCP 2 1 " R C P 10"15"12"12"15"21"12" 2 4 " R C P 2- 5 X 4 30’SE 3 0 ’S E 3 0 ’S E 30’BSB 5’PSB D E DE 50’BSB RRE 1 0 ’ E E DE DETENTION POND F2 0’ W EF20’WE 8"SS-FM 2 1 " W 2 1 " W 2 1 " W 72"RCP 1 8 " R C P 3 0 " R C P 3 0 " R C P 30’SE F20’WE 20’UE 2 0 ’ U E DENTON COUNTY TARRANT COUNTY ROANOKE TOWN OF WESTLAKE TC VOL11663 PG0349 DC 94-R005716130’SE SH 170 U N IO N P A C IF IC R R TO WN OF WES TLAKE F OR T WORTH CITY LIMITS TC VOL11663 PG0349 DC 94-R0057161 30’SE TO WN OF WES TLAKE R OAN OKE ROANOKE FORT WORTH CITY LIMITS U S 3 7 7 RETAIL 3.8¨AC. R E T A I L1. 0¨ A C. S52^06’21"W 53.88’ N86^01’53"W 276.24’ N85^59’40"W 117.38’ N 2 4 ^ 2 5 ’3 8 " E 7 9 8 .7 7 ’ =11^10’32" R=5654.58’ L=1102.93’ L.C.=S16^02’38"W 1101.18’ 7 9 6 .2 5 ’ N 2 4 ^ 2 5 ’3 8 " E S 1 0 ^ 2 8 ’ 0 3 " W 3 9 5 . 2 7 ’ N89^50’36"E 120.97’ N89^35’18"E 30.74’ V A R I A B L E W I D T H R O W ALLIANCE GATEWAY NO. 53, LTD. VOL 5311 PG 3357 LOT 2, BLOCK 1 ALLIANCE GATEWAY ADDITION CAB V, PAGE 594 24.522 ACRES 170 RETAIL ASSOCIATES, LTD. TRACT 2, 54.185 AC TC D205325970 DC 2005-136073 ALLIANCE GATEWAY- PHASE II ASSOCIATION DC 2004-41138 AIL INVESTMENT LP HERITAGE GRAPEVINE PRTNS INC RETAIL EXISTING ’K’ ZONING RETAIL 170 RETAIL ASSOCIATES, LTD. TRACT 2, 54.185 AC TC D205325970 DC 2005-136073 MID-AMERICA APT OF TEXAS, LP. DC 04-0077960 LOT 1, BLOCK 1 WATERMARK APARTMENT HOMES ADDITION CAB T, PAGE 295, 296 13.000 ACRES APPROX. 100 YR. FEMA FLOODPLAIN SH 170 FRONTAGE RD. 160’ RETAIL 4.0¨AC. AP P ROXIMATE MU N ICIP AL LIMIT LIN E - U N IN CORP OR ATED EXISTING ’HI’ ZONING M-12 ADL DEVELOPMENT, L.P. VOL.13588,PG.173 ADL DEVELOPMENT, L.P. VOL.13588,PG.173 ADL DEVELOPMENT, L.P. VOL.13588,PG.173 ALLIANCE GATEWAY NO. 50,LTD. VOL 4785, PG 884 DETENTION POND 3 7 0. 1 2 ’ D205325971 3 5 5. 3 0 ’ ZONED "PD" (PLANNED DEVELOPMENT DISTRCT) ZONED "PD" ZONED "PD" VICINITY MAP PROJECT NO. PLANNER / ENGINEER PP_SUBMITTAL DATEPREPARATION DATEPREPARED BY 777 MAIN STREET P A G E 1 O F 1 FORT WORTH, TX 76102 PH: 817-735-6000 10-5-2010 WESTLAKE CORNERS JACOBS ENGINEERING GROUP INC FIRM #2966 OWNER DEVELOPER WFXK2903 CAG CEMETERY Resolution 10-35 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 10-35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PRELIMINARY PLAT DESCRIBED AS BEING 8.8 ACRES OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT NUMBER 648, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS; GENERALLY LOCATED AT THE NORTHWEST CORNER OF US HIGHWAY 377 AND STATE HIGHWAY 170 AND DESCRIBED AS PLANNED DEVELOPMENT 3-11, LOTS 1 THROUGH 3; MORE COMMONLY KNOWN AS WESTLAKE CORNERS NORTH. 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, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2 : That the Town Council of the Town of Westlake, Texas, does hereby approve the preliminary plat of Lots 1 through 3 for PD 3-11 as attached, filed by AIL Investments, L.P. and approved by the Planning and Zoning Commission on October 25, 2010, for a 8.8 acre tract(s) of land described above and according to the attached Exhibit “A” – Preliminary Plat. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER, 2010. 4: That this resolution shall become effective from and after its date of passage. ______________________________ Laura Wheat, Mayor ATTEST: ________________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager Resolution 10-35 Page 2 of 2 APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 10-36 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 10-36 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A FINAL PLAT DESCRIBED AS BEING 4.818 ACRES OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT NUMBER 648, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS; GENERALLY LOCATED AT THE NORTHWEST CORNER OF US HIGHWAY 377 AND STATE HIGHWAY 170 AND DESCRIBED AS PLANNED DEVELOPMENT 3-11, LOTS 1 AND 2; MORE COMMONLY KNOWN AS WESTLAKE CORNERS NORTH. 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, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2 : That the Town Council of the Town of Westlake, Texas, does hereby approve the final plat of Lots 1 and 2 for PD 3-11 as attached, filed by AIL Investments, L.P. and approved by the Planning and Zoning Commission on October 25, 2010, for a 4.818 acre tract(s) of land described above and according to the attached Exhibit “A” – Final Plat. SECTION 3 : If any portion of this Resolution shall, for any reason, be declared invalid by any cour t of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER, 2010. ______________________________ Laura Wheat, Mayor ATTEST: ________________________________ ______________________________ Kelly Edwards , Town Secretary Thomas E. Brymer, Town Manager Resolution 10-36 Page 2 of 2 APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney 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. Town of Westlake Item # 7 – Executive Session Town of Westlake Item # 8 – Reconvene Meeting TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY 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. Town of Westlake Item # 9 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #10 - Future Agenda Items COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #11 Council Recap / Staff Direction 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 Town of Westlake Item # 12 – Council Calendar Town of Westlake Item # 13 – Adjournment Back up material has not been provided for this item.