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HomeMy WebLinkAbout12-13-10 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 5 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 December 13, 2010 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 5:00 p.m. Regular Session 7:00 p.m. The Town Council will meet at 4:00 p.m., for a tour of the Deloitte University Campus at 2501 Westlake Parkway, Westlake, TX 76262. The workshop session will begin immediately following the tour. Page 2 of 5 Workshop Session 1. CALL TO ORDER 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM DECEMBER 13, 2010, COUNCIL REGULAR MEETING AGENDA. 3. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 Consultation with Attorney - 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: 1. Rosevear and Simonetti vs. Town of Westlake 2. Michael Eaton vs. Town of Westlake b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase, exchange, lease, or value of real property: Vaquero / Discovery Land. d. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 4. RECONVENE MEETING 5. PRESENTATION AND DISCUSSION OF THE PROPOSED WATER AND WASTEWATER RATES. 6. PRESENTATION AND DISCUSSION OF FIVE YEAR CAPITAL IMPROVEMENT PLAN, THE FY 2010-11 CAPITAL PROJECTS BUDGET, AND POTENTIAL BOND ISSUANCE TO FUND SAME. 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Page 3 of 5 Regular Session 1. CALL TO ORDER 2. 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. a. Consider approval of the minutes from the meeting held on November 1, 2010. b. Consider approval of the minutes from the meeting held on November 8, 2010. c. Consider approval of Resolution 10-39, Establishing regular meeting dates and procedures. d. Consider approval of Resolution 10-40, Authorizing the Town Manager to provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all amounts collected in the definition of gross receipts. e. Consider approval of Resolution 10-41, Appointing one member to the Westlake Historical Preservation Society board. f. Consider approval of Resolution 10-42, Tarrant County Obesity Prevention. g. Consider approval of Ordinance 648, Amending Chapter 6, Alcoholic Beverages, Article II, Sale, Section 6-36, License or permit; fees. h. Consider approval of Ordinance 649, Amending Ordinance No. 408 for Solid Waste and Recycling services with Allied Waste Services. i. Consider approval of Ordinance 650, Amending Chapter 94 adding winter average and water and sewer wholesale rate pass-through provision. j. Consider approval of Ordinance 651, Amending water and waste rates. k. Consider approval of Ordinance 652, Providing for the adoption of the Town FY 2010-2011Five (5) Year Capital Improvement Plan. l. Consider approval of Resolution 10-45, Authorizing the Town Manager to negotiate and enter into an agreement with MCImetro Access Transmission Services LLC a wholly owned subsidiary of Verizon business, for the use of the town’s telecommunication ductbank. 5. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-43, APPROVING SITE PLAN FOR PROPERTY ADDRESSED 2301 H.S. 377, LOT 1, BLOCK 1, OF THE WESTLAKE CORNERS NORTH SUBDIVISION ZONED PD 3-11 FOR THE CONSTRUCTION OF A CONVENIENCE STORE / GAS STATION. Page 4 of 5 6. CONSIDERATION AND DISCUSSION OF RESOLUTION 10-44, APPROVING SITE PLAN FOR PROPERTY ADDRESSED 2341 S.H. 377, LOT 2, BLOCK 1, OF THE WESTLAKE CORNERS NORTH SUBDIVISION ZONED PD 3-11 FOR THE CONSTRUCTION OF A LIQUOR STORE. 7. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071: Consultation with Attorney - 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: 1. Rosevear and Simonetti vs. Town of Westlake 2. Michael Eaton vs. Town of Westlake b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase, exchange, lease, or value of real property: Vaquero / Discovery Land. d. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 8. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 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 Page 5 of 5 11. COUNCIL RECAP / STAFF DIRECTION 12. COUNCIL CALENDAR - Town Offices Closed December 24th, 27th and 31st, 2010 - Town Offices Closed January 17, 2011 - Town Council Meeting January 24, 2011 - Town Council Meeting February 28, 2011 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, December 8, 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 November 1, 2010. b. Consider approval of the minutes from the meeting held on November 8, 2010. c. Consider approval of Resolution 10-39, Establishing regular meeting dates and procedures. (make copy for TC with info) d. Consider approval of Resolution 10-40, Authorizing the Town Manager to provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all amounts collected in the definition of gross receipts. e. Consider approval of Resolution 10-41, Appointing one member to the Westlake Historical Preservation Society board. f. Consider approval of Resolution 10-42, Tarrant County Obesity Prevention. g. Consider approval of Ordinance 648, Amending Chapter 6, Alcoholic Beverages, Article II, Sale, Section 6-36, License or permit; fees. h. Consider approval of Ordinance 649, Amending Ordinance No. 408 for Solid Waste and Recycling services with Allied Waste Services. i. Consider approval of Ordinance 650, Amending Chapter 94 adding winter average and water and sewer wholesale rate pass-through provision. j. Consider approval of Ordinance 651, Amending water and waste rates. k. Consider approval of Ordinance 652, Providing for the adoption of the Town FY 2010-2011Five (5) Year Capital Improvement Plan. l. Consider approval of Resolution 10-45, Authorizing the Town Manager to negotiate and enter into an agreement with MCImetro Access Transmission Services LLC a wholly owned subsidiary of Verizon business, for the use of the town’s telecommunication ductbank. 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. Section 551.071 Consultation with Attorney - 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: 1. 2. Rosevear and Simonetti vs. Town of Westlake Michael Eaton vs. Town of Westlake b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase, exchange, lease, or value of real property: Vaquero / Discovery Land. d. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 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 Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of December 13, 2010 Date: December 3, 2010 Wkshp Presentation and discussion of the Town’s water and sewer rate structure - ITEM Part 2 and proposed ordinance. Regular Consideration and discussion of an ordinance adopting new water and wastewater rates. 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 Page 2 of 2 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 and on November 8th, which focused more on what factors comprise and affect Westlake’s utility rates. At the November 8th meeting, staff also presented a recommended increase for water and sewer rates of approximately 10%. 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 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. The proposed water and sewer rate increase will increase water and sewer revenues approximately $600,000. FUNDING Staff recommends approving proposed water and sewer rates as presented. RECOMMENDATION Ordinance ATTACHMENTS Base Service Charges Existing Proposed Residential Commercial Residential Commercial Meter Size Water Sewer Water Sewer Meter Size Water Sewer Water Sewer 3/4" $37.50 $30.00 $25.00 $30.00 3/4" $42.00 $33.00 $42.00 $33.00 1" $55.00 $55.00 $25.00 $55.00 1" $70.00 $60.00 $70.00 $60.00 1 1/2" $102.50 $105.00 $75.00 $105.00 1 1/2" $140.00 $115.00 $140.00 $115.00 2" $157.50 $170.00 $150.00 $170.00 2" $224.00 $187.00 $224.00 $187.00 3" $325.00 $370.00 $450.00 $370.00 3" $490.00 $405.00 $490.00 $405.00 4" $720.00 $635.00 $1,500.00 $635.00 4" $882.00 $693.00 $882.00 $693.00 6" $1,500.00 $1,330.00 $3,250.00 $1,330.00 6" $1,650.00 $1,450.00 $3,500.00 $1,450.00 8" $2,160.00 $1,910.00 $4,000.00 $1,910.00 8" $2,400.00 $2,100.00 $4,400.00 $2,100.00 Volume Charge Rate Per 1,000 gallons Existing Proposed Residential Commercial Residential Commercial Volume (gallons) Water Sewer Water Sewer Volume (gallons) Water Sewer Water Sewer 0-2,000 $2.85 $0.00 $2.85 $3.21 0-2,000 $3.10 $0.00 $3.10 $3.60 2,001 - 20,000 $2.85 $3.21 $2.85 $3.21 2,001 - 20,000 $3.10 $3.60 $3.10 $3.60 20,001 - 40,000 $3.56 $3.21 $3.56 $3.21 20,001 - 40,000 $3.88 $3.60 $3.88 $3.60 40,001 - 400,000 $4.45 $3.21 $4.45 $3.21 40,001 - 400,000 $4.84 $3.60 $4.84 $3.60 over 400,000 $5.57 $3.21 $5.57 $3.21 over 400,000 $6.05 $3.60 $6.05 $3.60 EFFECTIVE JANUARY 1, 2011 Deposits Existing Proposed Residential Commercial Residential Commercial Meter Size Water Sewer Water Sewer Meter Size Water Sewer Water Sewer 3/4" $90 $60 $75 $60 3/4" $90 $60 $75 $60 1" $150 $100 $100 $100 1" $150 $100 $100 $100 1 1/2" $300 $200 $250 $200 1 1/2" $300 $200 $250 $200 2" $480 $320 $500 $320 2" $480 $320 $500 $320 3" $1,050 $700 $1,000 $700 3" $1,050 $700 $1,000 $700 4" $1,800 $1,200 $2,500 $1,200 4" $1,800 $1,200 $2,500 $1,200 6" $3,750 $2,500 $3,500 $2,500 6" $3,750 $2,500 $3,500 $2,500 8" $5,400 $3,600 $5,000 $3,600 8" $5,400 $3,600 $5,000 $3,600 Tap Fees Existing Proposed Water Connection Service Tap Fee Water Connection Minimum Service Tap Fee** Meter Size Existing Service Line Tap Fee Street Cut/Bore Meter Size Existing Service Line Tap Fee Street Cut/Bore 3/4" $500 $800 $900 3/4" $550 $900 $900 1" $525 $1,000 $1,100 1" $575 $1,200 $1,100 1 1/2" $700 $1,200 $1,275 1 1/2" $775 $1,400 $1,275 2" $875 $1,950 $1,400 2" Disc $965 $2,200 $1,400 Sewer Connection Service Tap Fee Sewer Connection Minimum Service Tap Fee** Depth Existing Service Line Tap Fee Street Cut/Bore Depth Existing Service Line Tap Fee Street Cut/Bore 0 - 6 feet $375 $450 $800 0 - 6 feet $450 $450 $800 6 - 12 feet $375 $750 $1,200 6 - 12 feet $450 $750 $1,200 12 - 18 feet $375 $1,050 $1,600 12 - 18 feet $450 $1,050 $1,600 2" Compound & larger, or unusual installation conditions, fee to be actual cost to Town plus 10%. Tap fees for connection installed by Town will be added to meter set fees. 2" Compound & larger, or unusual installation conditions, fee to be actual cost to Town plus 10%. ** Tap fees for connection installed by Town will be actual cost to Town plus 10%. Does not include City of Fort Worth water or other impact fees. Does not include City of Fort Worth water or other impact fees. Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Meeting of December 13, 2010 Date: December 08, 2010 Wkshp Presentation and discussion of Five Year Capital Improvement Plan, the ITEM FY 2010-11 Capital Projects Budget, and Potential Bond Issuance to Fund Same Regular Consideration of an Ordinance providing for the adoption of the Town FY 2010- 2011Five (5) Year Capital Improvement Plan. This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS 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 The Council adopted the FY 2010/2011 budget in the regular Council meeting held on September 29 BACKGROUND th . Included with the budget adoption was an amendment pertaining to the proposed capital projects. This workshop item will include a discussion of the capital projects and the funding methods that will be used for each. As a necessary component of this discussion, Tom Lawrence will be available for funding information regarding various bond options. No additional funding is requested. FUNDING Page 2 of 2 Staff recommends approval RECOMMENDATION Ordinance ATTACHMENTS: FY 2010-11 Capital Improvement Plan will be delivered under separate cover COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #7 Council Recap / Staff Direction Town of Westlake Item # 8 – 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 November 1, 2010. b. Consider approval of the minutes from the meeting held on November 8, 2010. c. Consider approval of Resolution 10-39, Establishing regular meeting dates and procedures. (make copy for TC with info) d. Consider approval of Resolution 10-40, Authorizing the Town Manager to provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all amounts collected in the definition of gross receipts. e. Consider approval of Resolution 10-41, Appointing one member to the Westlake Historical Preservation Society board. f. Consider approval of Resolution 10-42, Tarrant County Obesity Prevention. g. Consider approval of Ordinance 648, Amending Chapter 6, Alcoholic Beverages, Article II, Sale, Section 6-36, License or permit; fees. h. Consider approval of Ordinance 649, Amending Ordinance No. 408 for Solid Waste and Recycling services with Allied Waste Services. i. Consider approval of Ordinance 650, Amending Chapter 94 adding winter average and water and sewer wholesale rate pass-through provision. j. Consider approval of Ordinance 651, Amending water and waste rates. k. Consider approval of Ordinance 652, Providing for the adoption of the Town FY 2010-2011Five (5) Year Capital Improvement Plan. l. Consider approval of Resolution 10-45, Authorizing the Town Manager to negotiate and enter into an agreement with MCImetro Access Transmission Services LLC a wholly owned subsidiary of Verizon business, for the use of the town’s telecommunication ductbank. Town of Westlake Item # 4 - Consent Agenda Items Town Council Minutes 11/01/10 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL SPECIAL MEETING November 1, 2010 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Carol Langdon and Rick Rennhack. ABSENT: Clif Cox OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, and Assistant to the Town Manager Ginger Awtry. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:00 p.m. 2. CONSIDERATION AND DISCUSSION TO APPOINT A NEW COUNCIL MEMBER. Mayor Wheat was approached by Mr. John Miller about filling the vacancy until May 2011. He is willing to serve and is aware of the commitment. MOTION: Council Member Rennhack made a motion to recommended Mr. Miller to serve as Council Member until May 2011. Council Member Brittan seconded the motion. The motion carried by a vote of 3-0. 3. COUNCIL RECAP / STAFF DIRECTION - None Town Council Minutes 11/01/10 Page 2 of 2 4. COUNCIL CALENDAR - Town Council Meeting November 8, 2010 - 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 - Town Offices Closed December 24th, 27th and 31st , 2010 5. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 7:07 p.m. APPROVED BY THE TOWN COUNCIL DECEMBER 13, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 11/08/10 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL SPECIAL AND REGULAR MEETINGS November 8, 2010 PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon, John Miller and Rick Rennhack. Clif Cox arrived at 4:40 p.m. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Public Works Director Jarrod Greenwood, Municipal Court Administrator Amanda DeGan, and Fire Chief Richard Whitten. Special Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 4:31 p.m. 2. CONSIDER APPROVAL OF RESOLUTION 10-37, APPOINTING A NEW COUNCIL MEMBER TO FILL THE UNEXPIRED TERM OF LARRY CORSON. MOTION: Council Member Rennhack made a motion to approve Resolution 10-37. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 3. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED OFFICIAL. Mayor Wheat conducted the Oath of Office for new Council Member John Miller. Town Council Minutes 11/08/10 Page 2 of 6 4. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Brittan made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 4:32 p.m. Workshop Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 4:32 p.m. 2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM NOVEMBER 8, 2010, COUNCIL REGULAR MEETING AGENDA. No discussion 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 Mayor Wheat reconvened the meeting at 4:47 p.m. Town Council Minutes 11/08/10 Page 3 of 6 5. REVIEW AND DISCUSS THE 2011 MEETING CALENDAR. Town Manager Brymer provided an overview of the calendar for both the Council and Board of Trustee meeting dates. Mayor Wheat requested moving the June meeting to the 13th and the August meeting to the 15th of the month. 6. PRESENTATION AND DISCUSS OF THE SOLID WASTE CONTACT WITH ALLIED WASTE SERVICES. Public Works Director Greenwood introduced Ms. Jeri Harwell from Allied Waste Services. Ms. Harwell provided an overview of the proposed changes and enhancing the environmental initiatives. Discussion ensued regarding the benefits to residents, a cart comparison by city outlining the services, the various carts and the number of carts that would be provided to residents, the design of the current contract, implementing recycling education program at the Academy for students, recycling collection process at the Academy, additional recycling education for the residents, and the benefits to the residents and the collection service company. Mayor Wheat stated currently we hold all the cards and should we let the contract expire it will no longer contain the current clause and it is likely that other haulers would not offer that clause and include a higher rate. Ms. Harwell asked the Council for the opportunity to implement the once a week pick- up for a year and see if it works for the community and if not they could move back to a twice a week pick-up. Town Manager Brymer stated he thinks if we let this contract expire and go out for bid for this service to continue with a twice a week pick up the price will increase. 7. PRESENTATION AND DISCUSSION OF THE WATER AND WASTEWATER RATES. Public Works Director Greenwood provided a presentation and overview of the utility rates and the cost of service. Discussion ensued regarding the comparisons of neighboring cities’ water and sewer customers, the number of Westlake customers on septic and irrigation systems, and rate comparisons with the surrounding cities. Town Council Minutes 11/08/10 Page 4 of 6 Discussion also ensued regarding the rate design and policy, amending the current ordinance, how to recover the revenue required, residential and commercial usages, how Fort Worth determines the usage, the rate design based on the current Council policy and how to design an escalating rate model. Public Works Director Greenwood stated that the current ordinance does not allow for a rate increase. When Fort Worth increased rates then we would have to absorb the increase out of the utility fund. Town Manager Brymer informed the Council that the financial statement does not have depreciation built in the budget. He recommends getting in the position of implicating small increases and amending our ordinance to allow for a rate increase by our supplier to be a pass-through fee that could be implemented to our customers. 8. COUNCIL RECAP / STAFF DIRECTION Revise the meeting calendar Present an amendment to the Allied Waste Services contract. 9. ADJOURNMENT There being no further business, Mayor Wheat adjourned the workshop at 8:28 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular meeting to order at 8:28 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 11/08/10 Page 5 of 6 4. CONSENT AGENDA 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. MOTION: Council Member Miller made a motion to approve the consent agenda. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. 5. FUTURE AGENDA ITEMS - None 6. EXECUTIVE SESSION The Council did not adjourn into 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 - None Town Council Minutes 11/08/10 Page 6 of 6 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 There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Miller made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 8:30 p.m. APPROVED BY THE TOWN COUNCIL DECEMBER 13, 2010. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 1 Memo Town of Westlake To: Honorable Mayor and Town Council Members From: Tom Brymer, Town Manager Kelly Edwards, Town Secretary Subject: Regular Meeting of December 13, 2010 Date: December 6, 2010. Regular Consider a resolution establishing regular meeting dates and procedures for 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/Board Members and staff to attend Council/Board meetings. BACKGROUND Several factors have been taken into consideration as staff prepared the 2011 meeting calendar, including national holidays, school holidays, early voting and annual training conferences. The calendar does not include any meeting dates for the month of July. 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. None FUNDING Approve the proposed meeting schedule RECOMMENDATION Resolution ATTACHMENTS: 2011 Meeting Calendar Resolution 10-39 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION N0 10-39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ESTABLISHING REGULAR MEETING DATES AND PROCEDURES; SETTING THE 2011 MEETING DATES OF THE TOWN COUNCIL; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The Texas Local Government Code allows the governing body of a general law municipality to establish regular meetings of the governing body by the passage of a resolution; and WHEREAS, The Town Council finds that it is in the best interest of the Council and the Town’s residents that the Council shall establish regular meetings at a convenient date, time, and place; WHEREAS, The 2011 available regular meeting dates are hereby established in accordance with attached Exhibit “A”. 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 : The Town Council of the Town of Westlake, Texas, shall conduct regularly scheduled meetings on the fourth Monday of each month except when the regular meeting date falls on a Monday that is (a) a national holiday, or (b) a scheduled holiday within the Westlake Academy school year, or (c) falls within the same week as Thanksgiving, or (d) falls within the same or preceding calendar week as Christmas, or (e) conflicts with other Town related functions or activities. All Mondays shall be established as a day for regular meeting dates of the Town Council as needed. Special meetings shall be called in accordance with Section 22.038(b) of the Texas Local Government Code. The regular meetings shall convene not earlier than 7 p.m., and shall be held at the Town Hall offices located at 3 Village Circle, Westlake, Texas 76262, or a meeting room close by, or another location designated by the Town in the meeting notice. SECTION 3 : The Town Council hereby sets the 2011 regular meeting schedules as shown in the attached Exhibit “A”. 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 10-39 Page 2 of 3 SECTION 5 : That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER 2010. ___________________________________ Laura Wheat, Mayor ATTEST: ___________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________________ L. Stanton Lowry, Town Attorney Resolution 10-39 Page 3 of 3 Exhibit A Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Cathy Cunningham Boyle & Lowry Subject: Meeting of December 13, 2010 Date: November 29, 2010 Regular Consideration of a Resolution authorizing the Town Manager to provide notice to Atmos Mid-Tex that the Town of Westlake elects to include all amounts collected in the definition of gross receipts 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 During an audit conducted by other cities, it was discovered that Atmos was not including franchise fees as part of the gross receipts when calculating franchise fees. The issue arose in connection with customer billing and transported gas. In order to resolve the issue, Atmos is providing the Town of Westlake an opportunity to elect whether or not to include the franchise fees as part of gross receipts. BACKGROUND Page 2 of 2 Typically, gross receipts includes all monies received, which includes franchise fees. In the case of City of Dallas v. Federal Communications Commission 1 the Fifth circuit held that franchise fees should properly be included as part of gross receipts. While that case involved cable franchise fees, it is the position of most cities that franchise fees should properly be included as part of gross receipts. Including franchise fees as part of gross receipts will include the franchise fees paid to the Town and it will include the amount a customer pays for the franchise fee. Not applicable. FUNDING The Town Council pass a Resolution authorizing the Town Manager to select the option that will include franchise fees as part of the gross receipts and sign and return the letter to Atmos with both selections checked “yes.” RECOMMENDATION Letter to Atmos ATTACHMENTS: Resolution 1 City of Dallas v. Federal Communications Commission, 118 F. 3d 393 (1997) On or Before December 31, 2010 Mr. David Park Vice President Rates and Regulatory Affairs Atmos Energy Corporation, Mid-Tex Division 5420 LBJ Freeway, Ste. 1862 Dallas, TX 75240 RE: Franchise Fees on Franchise Fees Dear Mr. Park: To the extent that the following paragraphs are applicable, the selections below indicate the City’s interpretation of the franchise agreement between the City and Atmos Energy Corporation (“Atmos”) as well as the election of the City to receive an additional payment consistent with the City’s historical interpretation of the franchise agreement. The City has selected ‘Y’ to indicate agreement or ‘N’ to indicate disagreement. Franchise Fees other than on Value of Gas Transported Y or N The City intends that all amounts billed to and collected from customers for franchise fees (other than those assessed on the value of transported gas) be added to the revenue amount that Atmos uses to calculate the City’s franchise fee payment. Y or N The City elects to receive an additional payment for the period of time beginning with January 1, 2009 that franchise fees (other than those assessed on the value of transported gas) were not included in the calculation of the City’s franchise fee payment. Franchise Fees on Value of Gas Transported Y or N The City intends that the amount billed to and collected from transportation customers for franchise fees assessed on the value of gas transported on behalf of the customer be added to the revenue amount that Atmos uses to calculate the City’s franchise fee payment. Y or N The City elects to receive an additional payment for the period of time beginning with January 1, 2009 that franchise fees on the value of transported gas were not included in the calculation of the City’s franchise fee payment. It is understood that by indicating agreement to any or all of the above statements, the City explicitly agrees that any additional franchise fee amounts paid to the City by Atmos are recoverable by Atmos from Company’s customers within the City. It is also understood that by indicating disagreement with or choosing not to select any or all of the above statements, the City is explicitly releasing Atmos from any future claims with respect to those items. The City understands that this election letter must be returned to David Park at the address above and postmarked on or before December 31, 2010 after which the City shall be deemed to have rejected the options contained herein. Sincerely, ___________________________ _________________________________ Signature Date ___________________________ Printed Name ___________________________ _________________________________ Title City Resolution 10-40 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO 10-40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO PROVIDE NOTICETO ATMOS MID-TEX THAT THE TOWN OF WESTLAKE ELECTS TO INCLUDE ALL AMOUNTS COLLECTED IN THE DEFINITION OF GROSS RECEIPTS; INCLUDING THE AMOUNTS BILLED TO AND COLLECTED FROM CUSTOMERS FOR FRANCHISE FEES AND THE AMOUNT BILLED TO AND COLLECTED FROM TRANSPORTATION CUSTOMERS FOR FRANCHISE FEES ASSESSED ON THE VALUE OF GAS TRANSPORTED ON BEHALF OF THE CUSTOMER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake finds that it is appropriate to include all amounts collected by Atmos Mid-Tex in the definition of gross receipts for the purposes of calculating franchise fees due to the Town of Westlake; 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, 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 Manager is authorized to send Atmos Mid-Tex a letter to inform Atmos Mid-Tex that the Town of Westlake elects to include franchise fees for all amounts billed to and collected from customers for franchise fees and to include all amounts billed and collected from transportation customers for franchise fees assessed on the value of gas transported and that such amounts are to be included in the definition of gross receipts for the purposes of calculating franchise fees owed to the Town of Westlake, Texas. 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. Resolution 10-40 Page 2 of 2 SECTION 4. That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13TH DAY OF DECEMBER 2010. ATTEST: _________________________________ Laura L. Wheat, Mayor ____________________________ _________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Kelly Edwards, Town Secretary Subject: Regular Meeting of December 13, 2010 Date: December 6, 2010 Consider a Resolution appointing MaryAnn Titus to the Westlake Historical Preservation Society Board. 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 At the present time the board has one vacancy. BACKGROUND N/A FUNDING Staff recommends that the Board fill this vacancy with returning member MaryAnn Titus. RECOMMENDATION Application ATTACHMENTS Resolution Resolution 10-41 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-41 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD. WHEREAS, Currently, a vacancy exist on the Westlake Historical Preservation Society 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 Historical Preservation Society board for the term noted below: MaryAnn Titus - term expiring June 2011. 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 13 That this resolution shall become effective from and after its date of passage. th DAY OF DECEMBER 2010. ___________________________________ Laura Wheat, Mayor Resolution 10-41 Page 2 of 2 ATTEST: ____________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________________ L. Stanton Lowry, Town Attorney Resolution 10-42 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-42 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, SUPPORTING TARRANT COUNTY OBESITY PREVENTION. WHEREAS, the cost of health care spending attributable to obesity for the Stat of Texas is estimated at over $5.7 billion; and, WHEREAS, Heart Disease, Cancer, and Cardiovascular diseases are the top three causes of death in Tarrant County and each includes obesity as a primary risk factor; and, WHEREAS, increased physical activity and greater access to nutritious foods are key interventions to preventing or reducing obesity and, WHEREAS, only 47.4% of adults in Tarrant County meet the US Department of Health and Human Services recommendations for physical activity; and WHEREAS, only 25.7% of adults in Tarrant County consume five (5) or more servings of fruits and vegetables per day. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, that we, the policy-makers of Tarrant County, do hereby request that the 2011 Texas Legislature review all physical activity and access to nutritious food legislation thoughtfully and deliberately with the intention of increasing physical activity and nutritious food access for children and adults. FURTHER, that we are resolved to pledge our own support in the development of organizational and municipal policies which address the need for increased physical activity and access to nutritious foods at home, work, school, and in the community. PASSED AND APPROVED ON THIS 13TH DAY OF DECEMBER 2010. _____________________________ Laura L. Wheat, Mayor Resolution 10-42 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: Kelly Edwards, Town Secretary Subject: Meeting of December 13, 2010 Date: December 6, 2010 Regular Consideration of a Resolution amending Chapter 6, Alcoholic Beverages, Article II, Sale, Section 6-36, License or permit; fees. 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 2009 the Texas Alcoholic Beverage Commission amended their code authorizing a two (2) year permit for business that sell and service alcoholic beverages and a new fee schedule. BACKGROUND Westlake’s current code allows for an annual collection of local permit fees. This amendment will allow the Town to collect the local fee on a bi-annual basis coinciding with the issuance of the business’ TABC permit. Page 2 of 2 N/A FUNDING Staff recommends approval of the ordinance. RECOMMENDATION Ordinance ATTACHMENTS: Ordinance 648 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 648 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, SECTIONS 6-36, LICENSE OR PERMIT FEES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake Town Council issues permits and collects local alcohol permit fees as defined by Section 11.38 of the Texas Alcoholic Beverage Code; and WHEREAS, Section 11.38 of the Texas Alcoholic Beverage Code, provides that a governing body may levy and collect a fee not to exceed one-half the state fee for each alcoholic beverage permit issued for premises located within the town; WHEREAS, section 11.09 of the Texas Alcoholic Beverage Code has been amended to allow for bi-annual permits and licenses, and the Texas Alcoholic Beverage Commission has adopted rules to effectuate that change; WHEREAS, the Town of Westlake desires to update its collection practices and amend the ordinance authorizing the collection and administration of said permits; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2 : That Chapter 6, Alcoholic Beverages, Sections 6-36, of the Town of Westlake Code of Ordinances, as amended, is hereby amended to read as follows: Sec. 6-36. License or permit; fees. (a) In order to sell alcoholic beverages in the Town of Westlake, a dealer must meet all requirements of state law and must apply for and obtain a license or permit from the Town of Westlake in accordance with this Article and pay all required fees. (b) Requirements for filing application. (1) Any dealer applying for a town license or permit for the sale of alcoholic beverages, issued by authority of the Texas Alcoholic Beverage Code, or to change the location of the place of business designated in such a license or permit shall deliver to the town secretary for filing one copy of the appropriate forms filed by the applicant with the state alcoholic beverage commission for the issuance of a license or permit and a copy of the license and permit issued by the state alcoholic beverage commission. Ordinance 648 Page 2 of 4 (2) An application for a town license or permit or for a change of location for an existing license or permit must be accompanied with scale drawing showing the proposed or actual location of the dealer's place of business where alcoholic beverages are sold in relation to streets, property lines, and the location of the nearest church, public school or public hospital. (3) Any dealer applying for a renewal of a town license or permit for the sale of alcoholic beverages, issued by authority of the Texas Alcoholic Beverage Code, shall deliver to the town secretary for filing a copy of the renewed state license or permit to show that the dealer has been issued a license or permit to engage in such business by the Texas Alcoholic Beverage Commission. (4) The town license or permit is valid for two years from the date of its issuance. (c) License or permit fee. There is hereby levied on each dealer granted and holding a license or permit under this article or under the Texas Alcoholic Beverage Code and engaged in the business authorized by such license or permit in the town a bi-annual license fee. Such bi- annual license or permit fee shall be one-half of the fee charged by the Texas Alcoholic Beverage Commission for each license or permit. (d) Fee paid bi-annually. separate license or permit for each place of business. The fee for licenses or permits as required by this article shall be paid - within thirty (30) days of obtaining a license or permit from the Texas Alcohol and Beverage Commission. A separate license or permit shall be obtained for every place of business where the business of alcoholic beverage sale is conducted. (e) Issuance and contents of license or permit. Upon receipt of the information required to be provided to the town secretary and upon payment of the license or permit fees and upon compliance with the provisions of this article, the town secretary or designee may issue a license in the name of the town, which shall acknowledge receipt of the license or permit fees and shall state on its face for which it is issued, the name of the dealer, the expiration date of the state license or permit, the purpose, the address of the dealer's place of business and the issuance and expiration date(s) of the town license or permit, the signature of the town secretary and the seal of the town. (f) License or permit to be displayed. The license or permit issued pursuant to this article by the town secretary or a designated agent shall be displayed at all times in a conspicuous place within the dealer's place of business. (g) Reporting requirements. (1) The dealer of a place of business for which a license or permit has been issued by the state and the town for the sale of alcoholic beverages shall, on a quarterly basis, file with the town secretary an affidavit, on an officially-approved form provided by the town secretary, that reflects the gross sales of the particular place of business for the preceding three months, breaking down the sales of food, alcoholic beverages and other items. The quarterly reports for the previous three-month period shall be due on or before the 25th day of the months of April, July, October and January. (2) The dealer of a place of business for which a license or permit has been issued by the state and town for the sale of alcoholic beverages shall also file with the town secretary on a quarterly basis, at the same time the affidavit on total sales is filed, a copy of the filing(s) Ordinance 648 Page 3 of 4 supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three- month period. (h) Noncompliance. If a quarterly report reflects that the dealer is not in compliance with this article, then the dealer shall be subject to the penalty contained in this article and shall have its license or permit revoked and no longer be authorized to sell alcoholic beverages at the place of business in violation of this article. (i) Right to inspect. The town shall have the right to inspect the dealer's books and records to ensure compliance with this article upon providing the applicant with at least four hours notice. SECTION 3: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 4: 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 5: 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 Five Hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: 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, 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. Ordinance 648 Page 4 of 4 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER, 2010 __________________________________ Laura Wheat, Mayor ATTEST: __________________________________ ___________________________________ Kelly Edwards, Town Secretary Tom 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: Jarrod Greenwood, Public Works Director Subject: Regular meeting of December 13, 2010 Date: December 3, 2010 ITEM Regular Consider an Ordinance amending Ordinance No. 408 for solid waste and recycling services with Allied Waste Services. 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 8 BACKGROUND th Regular Workshop Meeting, staff presented a proposal from Allied Waste Services that would extend the current solid waste contract until December 2016, secure current rates until November 2012, and transition solid waste pick up from twice a week to once a week. Allied committed to a 90-day transition period in an effort to Page 2 of 2 facilitate the change in solid waste pick up. The current contract allows Council to approve any rate increases requested by Allied Waste. 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. N/A FUNDING Staff recommends approving proposal from Allied Waste as presented. RECOMMENDATION Ordinance ATTACHMENTS: Ordinance 649 Page 1 of 7 TOWN OF WESTLAKE ORDINANCE NO. 649 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE NO. 408 WHICH GRANTED A FRANCHISE FOR TRASH PICK UP AND RECYCLING SERVICES TO TRINITY WASTE SERVICES; SECTION 6, WHICH PROVIDES FOR DUTIES AND OBLIGATIONS OF THE COMPANY; SECTION 7, WHICH PROVIDES FOR COMMUNITY EDUCATION PROGRAMS; SECTION 11, WHICH PROVIDES FOR RATES AND CHARGES; PROVIDING FOR A FIVE (5) YEAR EXTENSION OF THE FRANCHISE IN ACCORDANCE WITH THE ORIGINAL TERMS OF THE FRANCHISE EXCEPT WHERE MODIFIED BY THESE AMENDMENTS; RATIFYING ALL SECTIONS OF THE ORDINANCE THAT ARE NOT AMENDED OR AFFECTED BY THE TRANSFER; REPEALING ALL ORDINANCES THAT ARE IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED ISOPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATES. WHEREAS, the Town Council of the Town of Westlake finds that it is in the best interest of the Citizens of Westlake to extend the franchise for trash services with certain amendments; WHEREAS, The Town Council of the Town of Westlake finds that the amendments set forth to the franchise are in the best interests of the Town of Westlake; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance by reference as if copied in their entirety herein. SECTION 2: That Section 6 of Ordinance 408 of the Town of Westlake is amended to read as follows: SECTION 6: 1. COMPANY shall furnish vehicles, equipment, machinery, tools, labor, and landfill site, at its own expense, to adequately, efficiently and properly collect and dispose of solid waste from premises within the corporate limits of the TOWN in a systemic, clean, healthful and sanitary manner. It shall be the duty and obligation of COMPANY to perform the following services: 2. COMPANY shall provide curbside service, including garbage, bulky waste, trash, and yard waste to residential customers once 3. COMPANY shall provide each residential unit within TOWN’S limits an appropriate recycling container, which shall be dedicated solely to the collection of Recyclable a week. Ordinance 649 Page 2 of 7 Materials. Such containers shall be delivered to residents by COMPANY along with brochures explaining how the container is to be used and other information pertinent to the recycling service. 4. COMPANY shall furnish vehicles, equipment, machinery, tools and labor at its own expense, to adequately, efficiently and properly collect and process recyclable materials from single-family premises within the corporate limits of the TOWN in a systematic, clean, healthful and sanitary manner. COMPANY shall provide additional recycling containers to residents upon request at not additional charge. 5. COMPANY shall make one (1) collection for recyclable materials every week for each single-family residential customer on a day scheduled for garbage, trash and yard waste collection. Any collections by COMPANY shall in no way preclude the collection of recyclable materials by volunteer groups within the TOWN. 6. COMPANY agrees that all vehicles used by the COMPANY for the collection and transportation of solid waste shall be protected at all times while in transit to prevent leakage and the blowing or scattering of refuse onto the public streets of TOWN or properties adjacent thereto. In the event, however, that leakage or refuse onto TOWN public streets occur, COMPANY shall immediately remove same in a safe manner. If COMPANY determines that said leakage or refuse cannot be removed in a safe and efficient manner, COMPANY shall take all measures to secure the area and immediately contact the TOWN. Further, such vehicles shall be clearly marked with COMPANY’s telephone number and name in letters and numbers not less than four (4) inches in height. All collection equipment shall be washed and deodorized as necessary. Residential collection vehicles shall be 20 yard front load vehicles or other approved unit by TOWN. All vehicles will be operated within design weight capacity. 7. COMPANY shall establish routes and schedules necessary for the collection of solid waste as necessary to fulfill the requirements of this Agreement. Further, COMPANY will utilize written route books for the collection of refuse from all residential and commercial customers. TOWN shall have the right to require alteration of services to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and COMPANY shall be compensated by the owner or occupant for any such required additional services. The Town Manager or designee shall approve all routes and schedules and any changes therein. However, TOWN shall not unreasonably withhold said request. TOWN reserves the right to limit or deny COMPANY’s vehicles access to certain streets, alleys, and public ways inside the TOWN where it is in the interest of the general public to do so because of the condition of streets and bridges. 8. COMPANY shall provide commercial containers for garbage and trash storage available upon request of the owner or occupancy of any premises within the corporate limits of TOWN, excluding single-family and two-family residences. Multi-family dwelling complexes consisting of three (3) or more units shall be classified as commercial and must be collected as commercial customers. The commercial containers provided by COMPANY shall be (i) equipped with suitable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents, (ii) clearly marked with the COMPANY’s name and telephone number in letter not less than two (2) inches in height. An annual replacement and repair schedule for commercial containers will be provided to the TOWN for its review and approval. Ordinance 649 Page 3 of 7 9. Company shall locate all facilities and containers so as not to interfere with the flow of water in any gutter or drain, and so that the same shall not unduly interfere with ordinary travel on the streets, alleys, highways, public thoroughfares, public utility easements and public ways, and so that they shall not compromise public safety . The location of facilities and containers to be placed and constructed by the COMPANY within the limits of the TOWN shall be subject to the reasonable and proper regulation, control and direction of the governing body or of any TOWN official to whom such duties have been delegated. 10. COMPANY shall provide, upon request, recycling services to all customers within the corporate limits of TOWN. Further COMPANY will provide the necessary size and number of containers for the service at its own expense. 11. COMPANY shall make one (1) collection each week for each residential customer and each commercial customer not utilizing or requiring commercial containers. Hours of service shall be from 7:00 a.m. to 7:00 p.m. for residential customers and commercial customers not utilizing commercial containers and from 3:00 a.m. to 7:00 p.m. for other commercial collections services. No collections will be made on Sundays. COMPANY shall be exempt from making collections on the following holidays: New Year’s Day, Memorial Day, July 4th 12. COMPANY shall collect all tied and bundled brush and bulky items bi-weekly. If within three (3) working days of notification, whether by the owner, occupant, or TOWN, COMPANY fails to collect said material, COMPANY will be penalized $100 for each day collection is not made. , Labor Day, Thanksgiving Day, and Christmas Day. Company will be required to make collections the day following a holiday for those customers missed due to the holiday. COMPANY reserves the right to work on any paid holidays as necessary unless the day following a holiday is a Sunday, in which event COMPANY shall make collections on the following day. 13. COMPANY shall not be required to collect and dispose of (i) Hazardous Wastes, or (ii) refrigerators, freezers, or other appliances or equipment utilizing Freon not properly discharged, generated with the TOWN or otherwise situated within the TOWN or other items banned by state or federal regulation to prohibit from disposal in landfills. Provided, COMPANY may elect to dispose of any such (i) Hazardous Wastes, or (ii) refrigerators, freezers, or other appliances or equipment utilizing Freon not properly discharged, upon receipt of appropriate and reasonable compensation therefore. 14. COMPANY shall, at its own expense, provide a telephone answering service during all non-operating hours. COMPANY shall secure an annual listing in a local telephone directory under the name by which it conducts business in the community. 15. COMPANY shall carry, at a minimum, the following types of insurance: (a) Worker’s Compensation insurance covering all employees engaged in any operations covered by this Agreement as required by the State of Texas Automobile Liability – not less than $500,000 for injuries including accidental death to any one person and (subject to the same limit for each person) not less than $1,000,000 on account of one accident, and automobile property damage insurance not less than $100,000. (b) General Liability – not less than $1,000,000 covering each occurrence on account of bodily injury, including death, and not less than $100,000 covering each occurrence on account of property damage. Ordinance 649 Page 4 of 7 (c) Such policies of insurance shall be issued by companies authorized to do business in the State of Texas and shall name TOWN as an additional named insured. Certificates evidencing such insurance contracts shall be deposited with TOWN prior to Company performing its duties and obligation in the Agreement. All policies must provide that they may not be changed or canceled by the insurer without providing TOWN at least five (5) days written notice of such change or cancellation. Any change or cancellation in policies shall be considered a default of the Agreement by COMPANY unless the coverages herein are continuously maintained by COMPANY. 16. COMPANY shall provide solid waste service, including the weekly pickup of recyclable materials, to facilities owned and/or operated by the TOWN at no charge to the TOWN, including facilities acquired by the TOWN during the term of this Agreement. COMPANY shall also provide roll-off containers for TOWN’s use at rates to be mutually agreed t, but, in no case, shall rate exceed those charged to all other commercial customers. SECTION 3: That Section 7 of Ordinance 408 of the Town of Westlake is amended to read as follows: SECTION 7. 1. COMPANY will schedule and present a program to Westlake Academy annually throughout the term of this Agreement. COMPANY shall promote its service in Westlake through community education programs. The minimum requirements include: 2. COMPANY will develop and distribute a commercial newsletter to all commercial customers once per year during the term of this Agreement. 3. COMPANY will develop and distribute brochures describing its Commercial Recycling program. COMPANY will meet with each commercial customer at least annually and more often if necessary to fully integrate commercial recycling in Westlake. Upon agreement with a commercial customer, the newsletter may be delivered to the customer electronically. 4. COMPANY will develop and furnish to TOWN its annual newsletter for inclusion in TOWN newsletter. COMPANY will be responsible for any additional cost, if any, in distributing its newsletter. 5. COMPANY will develop a Restaurant Recycling program in TOWN within 180 days of approved Agreement. COMPANY and TOWN will meet with restaurant owners and/ or manager to outline a program. COMPANY will be responsible for development and distribution of any material to promote the program. 6. COMPANY will schedule and present a program to all residents annually throughout the term of this Agreement. Such program may, at the direction of TOWN staff be in conjunction with a Town Council meeting 7. . COMPANY will develop and distribute a commercial newsletter to all commercial customers once per year during the term of this Agreement. Upon agreement with a commercial customer, the newsletter may be delivered to the customer electronically. Ordinance 649 Page 5 of 7 SECTION 4: That Section 11 of Ordinance 408 of the Town of Westlake is amended to read as follows: SECTION 11. RATES AND CHARGES 1. All residential and commercial rates will be established annually by ordinance prior to October 1. 2. Base Rate Escalation: COMPANY shall maintain current residential and commercial rates (the “Base Rates”) until September 30, 2012. On each anniversary thereafter, (the “Rate Modification Date”) the Base Rates shall be increased by a combination of (i) the percentage increase in the CPI for the most recent twelve (12) month period (April – March Southwest Statistical Summary) immediately preceding the Rate Modification Date and (ii) any increases in disposal costs. COMPANY shall submit to TOWN in writing its adjustment to the Base Rate and the supporting data for same on or before July 1 of each year, beginning on July 1, 2012. The base rate shall be divided into operations and disposal. Operations equals 70% of the base rate. Disposal equals 30% of the base rate. Operations will be adjusted by the CPI for the most recent twelve (12) month period (April 1 – March 30). Disposal will be adjusted by the average in disposal costs as represented in Appendix B, with adjustments for current rates. base rate x 70 = O base rate x 30 = D Where O is Operations and D is Disposal O x CPI = NO D x Disposal Cost = ND Where NO is New Operations and ND is New Disposal NO + ND = New Base Rate Any other cost increases including state, federal and local fees, taxes or other additional disposal regulatory charges imposed on disposal since the last rate modification, and any expenditures required of COMPANY solely because of federal, state or local law, rule, regulation, ordinance, order, permit or permit condition becoming effective since the last rate modification may be considered by TOWN on a case-by-case basis. If COMPANY makes a request for increase above the amount calculated above, COMPANY must provide sufficient data, including, but not limited to, audited financial statements. Every adjustment to COMPANY charges or compensation established herein will be cumulative and in addition to every other adjustment conferred herein. Ordinance 649 Page 6 of 7 3. Alternative Rate Escalation: 4. TOWN may, at its discretion, implement full cost accounting for the annual establishment of solid waste rate. COMPANY agrees to provide all necessary information to prepare such reports, however, TOWN shall give COMPANY at least 90 days to complete such research. Customer Billing: 5. TOWN shall bill all residential customers served by COMPANY. COMPANY shall bill all commercial and industrial customers served by COMPANY. Payment to OCMPNAY: TOWN shall pay to COMPANY on or before the 15th day of each month the service charges for residential services rendered during the preceding month. TOWN shall collect and remit to the appropriate agency of the State of Texas all appropriate sales taxes. TOWN shall withhold an amount equal to twelve percent (12%) of gross billing as a franchise fee. 6. Any payments made by a resident directly to the COMPANY shall be subject to the franchise fee, and COMPANY shall remit same to TOWN. Payment to TOWN: COMPANY shall pay to TOWN as a franchise fee an amount equal to twelve percent (12%) of the gross revenues by COMPANY for its commercial services provided within the TOWN during the immediately preceding twelve (12) month period, ending March 30 of each year. Such Franchise Fee shall be payable in monthly payments on or before the 15th day after the month at service. SECTION 5: That Section 12 relating to termination of agreement shall be repealed as inconsistent with Section 25. Section 25 shall remain effective. SECTION 6: That the Agreement is amended by providing for a five year extension as allowed by Section 3. The term of the extension shall be from date of signing to December 31, 2015, and may be extended by the parties as provided for in Section 3. SECTION 7: That the Agreement is amended by changing the reference to “Texas Natural Resources Conservation Commission” to “Texas Commission on Environmental Quality or successor agency” and “TRNCC” to “TCEQ.” SECTION 8: Severability. This Ordinance and every provision hereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision, or portion of this Ordinance shall not affect the validity or constitutionality of any other portion of this Ordinance. If any term or provision of this Ordinance is held to be illegal, invalid or unenforceable, the legality, validity or unenforceability of the remaining terms or provisions of this Ordinance shall not be affected thereby. SECTION 9: No Waiver. Neither Town or the Company shall have the right to waive any requirement contained in this Ordinance, which is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Ordinance shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or a different type of breach or violation. Ordinance 649 Page 7 of 7 SECTION 10 : Effective Date. This Franchise shall be effective on December 13, 2010, if Company has filed its acceptance as provided by the Section 5 titled “Acceptance of Terms of Franchise” herein. PASSED AND APPROVED BY THE TOWN OF WESTLAKE, TEXAS ON THIS 13TH DAY OF DECEMBER, 2010 ATTEST TOWN OF WESTLAKE __________________________________ ______________________________ Kelly Edwards, Town Secretary Laura Wheat, Mayor APPROVED AS TO FORM: __________________________________ L. Stanton Lowry, Town Attorney H:\West Lake\wl-franchises\wl-franchises-trash services-franchise amendment and transfer.doc 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 meeting of December 13, 2010 Date: December 3, 2010 Regular Consider an ordinance amending Chapter 94 of the Town of Westlake Code of Ordinances adding winter average and water and sewer wholesale rate pass- through provision. 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 Page 2 of 2 Town staff previously presented the proposed wholesale pass-through charge during the November 8 BACKGROUND th regular workshop meeting. When staff develops the Town’s budget rate information from our wholesale providers in not available, leaving the Utility Fund exposed to unexpected rate increases that are not accounted for in the budget. As an example, in 2009, the Town’s sewer treatment provider, Trinity River Authority, increased sewer treatment cost approximately 39% from $2.83 per thousand gallons to $3.94 per thousand gallons. Having a pass-through charge will allow staff to modify water and/or sewer rates based on changes from the Town’s wholesale provider and is in keeping with the policies of our neighboring communities. This will also help minimize the amount of rate catch up and mitigate significant rate increases in the future. Staff proposes amending Chapter 94 of the Code of Ordinances to include the wholesale pass-through charge provision. The Town currently utilizes winter averaging to annually calculate residential sewer bills by averaging the December, January, and February water consumption for each resident with sewer service. New averages are calculated and applied to the April billing and remain for 12 months (until the next winter average is calculated). Winter averaging was approved in October 2001 by Ordinance 402. However, in an effort to facilitate future rate changes and improved organization of ordinances, staff proposes to repeal Ordinance 402 and amend Chapter 94 of the Code of Ordinances to include winter averaging. N/A FUNDING Staff recommends approving proposed Code amendment as presented. RECOMMENDATION Ordinance ATTACHMENTS Ordinance 650 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 650 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 94 UTILITIES, ARTICLE II, WATER; WASTEWATER, SECTION 94-31, RATES OF CODE OF ORDINANCES ADDING WINTER AVERAGE RATES PROVISION AND A PASS- THROUGH PROVISION FOR WHOLESALE WATER AND WASTEWATER RATES; 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 finds the provision of water and wastewater services throughout the Town of Westlake, Texas, (the “Town”) is of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, upon the recommendation of the Public Works Department, 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 amendments to the Water and Wastewater rates 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 Ordinance No. 604 is hereby amended to adopt the Water and Wastewater Rate Schedule and the Water and Sewer Tap Fee Schedule, as shown on Exhibit “A” hereto, which said exhibit is hereby incorporated in its entirety as if fully set forth. SECTION 3 : That Chapter 94, “Utilities” Article II “Water; Wastewater”, Section 94-31 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. The town's water and wastewater rates, as now or hereafter established by ordinance, are hereby made a part of this section as if set out at length in this section. (a) Winter average rates. That the monthly volume wastewater charge for single-family residential customers shall be based on the individual customer’s monthly water use during the previous three winter months of December, January, and February. The volumes used to compute the monthly volume wastewater charge are based on the amount of water used by the single-family residential customer as measured by the customer’s water meter. The previous three-winter month’s average shall determine Ordinance 650 Page 2 of 3 the monthly volume wastewater charge, which will remain the same each month, for the next twelve-month period beginning with the customer’s April billing. Where no entire previous three-winter month’s average is on record, the Town Manager or his designee, shall estimate a volume to be used for said monthly volume wastewater charge. The monthly wastewater charge shall be adjusted annually, based on the average usage during the most previous three winter months, or on any changes made to the monthly sanitary sewer rates or volume wastewater charges. The monthly volume charge for non single-family residential and non-residential customers will be based on the total water used during each month as measured by the customer’s water meter. However, if a commercial or industrial customer can show, to the satisfaction of the Town Manager or his designee, that a significant portion of the metered water usage does not enter the sanitary sewer, the customer may be charged for only that volume entering the sanitary sewer system, as may be determined by a calculation method approved by the Town Manager or his designee. (b) Pass-through of water supply cost. Changes in the town's cost of water and waste water provided by the town's suppliers will be adjusted to compensate for the additional effect to the town utility fund and will be passed through to the town's customers. The changes will be equal to the town's cost changes as to amount and timing. Only changes in the cost of water purchases and sewer treatment will be passed through. The charges by the town's suppliers of purchased water and sewer treatment will be maintained by the Public Works Department and will be made available to utility customers upon request. SECTION 4 : That all provisions of this ordinance shall remain in full force and effect. SECTION 5: 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 6: 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 five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: 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, 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. Ordinance 650 Page 3 of 3 SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER 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 From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of December 13, 2010 Date: December 3, 2010 Wkshp Presentation and discussion of the Town’s water and sewer rate structure - ITEM Part 2 and proposed ordinance. Regular Consideration and discussion of an ordinance adopting new water and wastewater rates. 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 Page 2 of 2 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 and on November 8th, which focused more on what factors comprise and affect Westlake’s utility rates. At the November 8th meeting, staff also presented a recommended increase for water and sewer rates of approximately 10%. 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 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. The proposed water and sewer rate increase will increase water and sewer revenues approximately $600,000. FUNDING Staff recommends approving proposed water and sewer rates as presented. RECOMMENDATION Ordinance ATTACHMENTS Ordinance 651 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 651 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING WATER/WASTE WATER RATES AND TAP FEES BY ESTABLISHING A NEW WATER, WASTEWATER RATE SCHEDULE AND A NEW WATER AND WASTEWATER TAP FEE SCHEDULE; REPEALING ORDINANCES 368, 402, 406, 446, AND 604 IN THEIR ENTIRETY; 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 finds the provision of water and wastewater services throughout the Town of Westlake, Texas, (the “Town”) is of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, the Town Council repeals Ordinances 368, 402, 406, 446, and 604 in their entirety to consolidate the Water and Wastewater rate and fee schedule; and WHEREAS, upon the recommendation of the Public Works Department, 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 amendments to the Water and Wastewater rates 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 That the Town Council does hereby adopt the Water and Wastewater Rate Schedule and the Water and Sewer Tap Fee Schedule, as shown on Exhibit “A” hereto, which said exhibit is hereby incorporated in its entirety as if fully set forth. SECTION 3 : That all provisions of this ordinance shall remain in full force and effect. SECTION 4: 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. Ordinance 651 Page 2 of 4 SECTION 5: 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 five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: 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, 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 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER 2011. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 651 Page 3 of 4 Exhibit A EFFECTIVE JANUARY 1, 2011 Base Service Charges Residential Commercial Meter Size Water Sewer Water Sewer 3/4" $42.00 $33.00 $42.00 $33.00 1" $70.00 $60.00 $70.00 $60.00 1 1/2" $140.00 $115.00 $140.00 $115.00 2" $224.00 $187.00 $224.00 $187.00 3" $490.00 $405.00 $490.00 $405.00 4" $882.00 $693.00 $882.00 $693.00 6" $1,650.00 $1,450.00 $3,500.00 $1,450.00 8" $2,400.00 $2,100.00 $4,400.00 $2,100.00 Volume Charge Rate Per 1,000 gallons Residential Commercial Volume (gallons) Water Sewer Water Sewer 0-2,000 $3.10 $0.00 $3.10 $3.60 2,001 - 20,000 $3.10 $3.60 $3.10 $3.60 20,001 - 40,000 $3.88 $3.60 $3.88 $3.60 40,001 - 400,000 $4.84 $3.60 $4.84 $3.60 over 400,000 $6.05 $3.60 $6.05 $3.60 Ordinance 651 Page 4 of 4 Deposits Residential Commercial Meter Size Water Sewer Water Sewer 3/4" $90 $60 $75 $60 1" $150 $100 $100 $100 1 1/2" $300 $200 $250 $200 2" $480 $320 $500 $320 3" $1,050 $700 $1,000 $700 4" $1,800 $1,200 $2,500 $1,200 6" $3,750 $2,500 $3,500 $2,500 8" $5,400 $3,600 $5,000 $3,600 Tap Fees Water Connection Minimum Service Tap Fee** Meter Size Existing Service Line Tap Fee Street Cut/Bore 3/4" $550 $900 $900 1" $575 $1,200 $1,100 1 1/2" $775 $1,400 $1,275 2" Disc $965 $2,200 $1,400 Sewer Connection Minimum Service Tap Fee** Depth Existing Service Line Tap Fee Street Cut/Bore 0 - 6 feet $450 $450 $800 6 - 12 feet $450 $750 $1,200 12 - 18 feet $450 $1,050 $1,600 2" Compound & larger, or unusual installation conditions, fee to be actual cost to Town plus 10%. **Tap fees for connection installed by Town will be actual cost to Town plus 10%. Does not include City of Fort Worth water or other impact fees. Page 1 of 2 Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Tom Brymer, Town Manager Subject: Meeting of December 13, 2010 Date: December 08, 2010 Wkshp Presentation and discussion of Five Year Capital Improvement Plan, the ITEM FY 2010-11 Capital Projects Budget, and Potential Bond Issuance to Fund Same Regular Consideration of an Ordinance providing for the adoption of the Town FY 2010- 2011Five (5) Year Capital Improvement Plan. This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS 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 The Council adopted the FY 2010/2011 budget in the regular Council meeting held on September 29 BACKGROUND th . Included with the budget adoption was an amendment pertaining to the proposed capital projects. This workshop item will include a discussion of the capital projects and the funding methods that will be used for each. As a necessary component of this discussion, Tom Lawrence will be available for funding information regarding various bond options. No additional funding is requested. FUNDING Page 2 of 2 Staff recommends approval RECOMMENDATION Ordinance ATTACHMENTS: FY 2010-11 Capital Improvement Plan will be delivered under separate cover Ordinance 652 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 652 AN ORDINANCE OF THE TOWN OF WESTLAKE PROVIDING FOR ADOPTION OF THE FY 2010-2011 TOWN FIVE (5) YEAR CAPITAL IMPROVEMENT PLAN. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Westlake Town Council has identified having a five (5) year capital improvement plan (CIP) for all Town infrastructure and public buildings needs; as being a positive planning tool; and, WHEREAS, the Westlake Town Council desires to utilize a CIP to plan for its capital improvement needs as well as the operations/maintenance costs associated with said capital improvement needs; and, WHEREAS, the Town Council has reviewed a draft five year CIP prepared by staff and determined such a CIP provides a valuable financial planning tool to plan for necessary infrastructure and public building construction needs as well as plan for the financial resources necessary to meet those needs; and, WHEREAS, the Town Council will review this CIP annually as a part of the budget preparation calendar and its fiscal policies; and, WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. 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, the Town Council of the Town of Westlake, Texas, hereby approves the attached Capital Improvement Plan attached hereto as Exhibit “A”. SECTION 3: 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. Ordinance 652 Page 2 of 2 SECTION 4: 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, 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 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 13th DAY OF DECEMBER 2010. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Jarrod Greenwood, Public Works Director Subject: Regular meeting of December 13, 2010 Date: December 8, 2010 ITEM Regular Consider a Resolution authorizing the Town Manager to negotiate and enter into an agreement with MCImetro Access Transmission Services LLC, a wholly owned subsidiary of Verizon Business, for the use of the Town’s telecommunication ductbank. 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 BACKGROUND The Town of Westlake owns a series of telecommunications conduits, referred to as DuctBank, that extend from the Solana Business complex to Westlake Academy that are leased to telecom companies. The ductbank was envisioned as a way to provide telecommunications companies access to Town right-of-way without the need to dig, there by disrupting traffic, potentially damaging other buried utilities, and inconveniencing property owners. MCImetro Access Transmission Services LLC has expressed a desire to install fiber optic cable within the Town’s ductbank to service Deloitte University. Town staff has discussed the availability of ductbank and the possible routing with MCIMetro. In an effort to continue progress of Deloitte University, staff seeks Council’s approval to negotiate and execute a lease agreement with MCImetro Access Transmission Services LLC for use of the Town’s ductbank conduit to provide business services to Deloitte University. It is anticipated that this lease agreement will generate approximately $75,000 for the Utility Fund. However, the exact route and negotiated pricing will affect the amount of revenue. FUNDING Staff recommends approval. RECOMMENDATION None ATTACHMENTS: Resolution 10-45 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 10-45 A RESOLUTION OF THE TOWN OF WESTLAKE TOWN COUNIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND ENTER INTO A CONTRACT WITH MCIMETRO ACCESS TRANSMISSION SERVICES LLC., TO LEASE TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK) TO BE USED FOR THE DEPLOYMENT AND SERVICE OF FIBER OPTIC TELECOMMUNICATION AND VIDEO SERVICES TO DELOITTE UNIVERSITY. WHEREAS, MCImetro Access Transmission Services LLC, a wholly owned subsidiary of Verizon Business, desires to lease additionally telecommunications conduit from the Town of Westlake to serve Deloitte University; and WHEREAS, The parent company, Verizon, already has leased telecommunications conduit from the Town of Westlake for deployment of Verizon network services and facilities throughout the Town’s DuctBank system; and WHEREAS, the Town Council find that the leasing of telecommunication ductbank conduit provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council authorize the Town Manager to negotiate the terms of the lease and execute a contract on behalf of the Town of Westlake; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. 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, hereby approves the Town Manager to negotiate the terms of the lease agreement and execute said agreement on behalf of the Town of Westlake, Texas with MCImetro Access Transmission Services LLC,. 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. Resolution 10-45 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 13TH DAY OF DECEMBER 2010. ATTEST: _____________________________ Laura L. 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 From: Eddie Edwards, Director of Planning and Development Subject: Regularly scheduled meeting for December 13, 2010 Date: December 1, 2010 Regular Consideration of an application for approval of a Planned Development Site Plan for the property addressed 2301 H.S. 377, Lot 1, Block 1, of the Westlake Corners North subdivision. The property is zoned PD 3-11 and the Site Plan approval is necessary prior to the issuance of a building permit for the construction of a convenience store / gas station. 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 The current PD 3-11 Zoning and Concept Plan for this subdivision were approved on April 24, 2008. Convenience stores and gas stations are permitted by right in this zoning district. BACKGROUND On October 25, 2010, the Preliminary and Final Plats were approved by the Town Council after receiving a unanimous recommendation for approval from the Planning and Zoning Commission. Approval of a Planned Development Site Plan is the next requisite step prior to applying for a building permit. The applicant has submitted the accompanying Planned Development Site Plan for approval. The Planning and Zoning Commission is authorized to approve Site Plans that do not involve any variances. Since the submitted Site Plan, if approved as proposed, will require approval of a variance, the Town Council must approve the Site Plan. The Planning and Zoning Commission considered this case at the November 29, 2010 meeting and voted unanimously to recommend approval of the plan with the stipulations that are included in the staff report. Page 2 of 2 Details regarding the variances sought are also included in the staff report. FUNDING None required. Staff has reviewed the Planned Development Site Plan for compliance with the adopted ordinances and the Town of Westlake Comprehensive Plans. Although the applicant seeks approval of some variances, staff feels that the plans submitted meet or exceed the intent of the adopted ordinances and the Comprehensive Plans. Staff recommends approval as submitted subject to the comments and recommendations in the staff report. RECOMMENDATION Staff report ATTACHMENTS: Site Plan Elevation exhibits Resolution 1 TOWN OF WESTLAKE, TX STAFF REPORT TO THE MAYOR AND TOWN COUNCIL I. CASE INFORMATION Case No(s): SP- 11- 01- 2010 Date: 12/01/2010 Request: The applicant is requesting approval of a Planned Development Site Plan in order to develop a piece of property and construct a convenience store / gas station. Project Name: Quick Trip. Location: 2301 Hwy 377. The subject property is located in the Westlake Corners North subdivision, a triangular parcel at the Northwest corner of S.H. 170 and S.H. 377 in the PD 3-11 zoning district. The Western boundary of this land abuts the rail road tracks and Fort Worth city limits. The South and East boundaries abut Highway Right-of-way. The abutting property to the North is also zoned PD 3-11. Zoning: PD- 3-11 Proposed Use(s): Convenience Store and Gas station, both uses are allowed by right in this zoning district. II. STAFF REVIEW COMMENTS 1. Platting The preliminary and final plats have been approved and will be filed following the approval of this Site Plan. A minor adjustment to the plats will be necessary to accommodate some relocated parking spaces. These changes will be approved administratively by the Town Engineer. 2. Landscaping The applicant is proposing to provide the number of trees required by ordinance but is seeking a variance to allow them to place the trees some place other than in the Town Edge Landscape Zone. (Preferred Landscape Plans) Some trees could be planted between the store and the rail road 2 tracks to provide a visual and sound buffer. (Staff will coordinate with the developer on number and location of trees) The applicant has expressed interest in planting some trees off-site if the town has a need for landscaping along some new roadways or other public places. 3. Signs Monument signs . The monument signs proposed will require a variance. The ordinance allows monument signs for building less than 15,000 square feet to be a total of 50 square feet, including architectural features, with a sign face area of 20 square feet. The proposed signs are 60 square feet with 33.6 square feet faces. The signs will comply with all set back requirements. Based on the size and configuration of the property, the applicant desires to have two monument signs, one for each street frontage. Both signs are proposed to be the same size and configuration. Building façade signs . The signs on the building and the canopy are allowed to have an area equal to 6% of the façade areas. The proposed are 9% of the building façade. The maximum allowed sign square footage is 180, and the proposed is 361. It should be taken into consideration that the sign regulations for this zoning district were created from the perspective of each structure having a single street front. The proposed structure has two street frontages that the signage is being divided upon, and with the building being set back over 150 feet from the roadway significantly smaller signs would be ineffective. 4. Outdoor Lighting Plan While the applicant states that all luminaries will be shielded to comply with the Town’s outdoor lighting requirements as found in Section 102-207, they feel that it will be necessary for security and safety purposes to illuminate the area under the canopy over the fuel pumps more than is allowed by ordinance. ( 20 foot candles allowed 27 foot candles proposed at the center most portion of the fueling area) The ordinance provides that it is an authorized exception to exceed the lighting limitations for security or safety purposes. The applicant has shown that all luminaries will be recessed or shielded so as to mitigate glare and spill-over lighting. 5. Building Articulation Vertical and horizontal articulation of the exterior facades is required to meet specific design criteria. The Proposed structure does not meet the design articulation criteria on all facades. However, three of the four facades exceed minimum ordinance requirements. 3 III. STAFF RECOMMENDATIONS Staff recommends approval of the Planned Development Site Plan application with the following stipulations: 1. Outdoor lighting. After the installation of the outdoor lighting the applicant must agree to adjust or shield any light fixture found to adversely impact neighboring properties or glare excessively as viewed from adjacent properties or right-of- ways. 2. Speakers at the fuel pumps. There shall be no continuous music or advertisement played through speakers at the pump island. The speakers are to be used only for customer service purposes and shall be set at a volume such that they cannot be heard at the property line above the ambient noise levels. 3. Trash receptacles. A trash receptacle shall be placed near each customer entrance. The trash receptacles must be of a design compatible with the architecture of the building. 4. Shopping center monument sign. A monument sign placed at the corner of the lot nearest the intersection of Hwy 170 and Hwy 377 used solely to identify the shopping center as Westlake Corners may be installed by the owner. Such sign will not be counted against the number of monument signs allowed on this lot or other lots in the subdivision. 5. Second monument advertising sign. The allowance of a second monument sign advertising the convenience store on this lot shall not count against the total number of monument signs allowed on any other lot in this subdivision. 6. Bollards along the store front. The elimination of a curb along the sidewalk around the store and the addition of bollards shall only be allowed if satisfactory evidence is presented to town staff showing that this design is mandated by state or federal jurisdictions. Street:City, State:QuikTrip Store No. :966 NWC of 377 & 170 Westlake, TX Presentation Exhibit QuikTrip StoreSite Perspective K:\Projects\Div 08 Dallas\0966\3D\dwg\0966 Site Perspective View - 0966SPE05-01.dwg, 8.5x11, 10/20/2010 2:16:08 PM, jkim Street:City, State:QuikTrip Store No. :966 NWC of 377 & 170 Westlake, TX Presentation Exhibit QuikTrip StoreSite Perspective K:\Projects\Div 08 Dallas\0966\3D\dwg\0966 Site Perspective View - 0966SPE09-01.dwg, 8.5x11, 10/20/2010 2:15:24 PM, jkim Resolution 10-43 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 10-43 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PLANNED DEVELOPMENT SITE PLAN FOR THE PROPERTY ADDRESSED AS 2301 S.H. 377, BEING LOT 1, BLOCK 1, OF THE WESTLAKE CORNERS NORTH SUBDIVISION LOCATED IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS. WHEREAS, The Planning and Zoning Commission reviewed the application for the above referenced Planned Development Site Plan on November 29, 2010, and voted unanimously to recommend that the Town Council approve the application subject to the comments and recommendations contained in the staff report: 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, 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 of Westlake Town Council does hereby approve the Planned Development Site Plan, attached as Exhibit “A”, subject to the comments and recommendations contained in the Staff Report, attached as Exhibit “B”. 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 13TH DAY OF DECEMBER 2010. _____________________________ Laura L. Wheat, Mayor Resolution 10-43 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: Eddie Edwards, Director of Planning and Development Subject: Regularly scheduled meeting for December 13, 2010 Date: December 1, 2010 Regular Consideration of an application for a Planned Development Site Plan for the property addressed 2341 S.H. 377, Lot 2, Block 1, of the Westlake Corners North subdivision. The property is zoned PD3-11 and the Site Plan approval is necessary prior to the issuance of a building permit for the construction of a liquor store. 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 The current PD 3-11 Zoning and Concept Plan for this subdivision were approved on April 24, 2008. Liquor stores are permitted by right in this zoning district. BACKGROUND On October 25, 2010, the Preliminary and Final Plats were approved by the Town Council after receiving a unanimous recommendation for approval from the Planning and Zoning Commission. Approval of a Planned Development Site Plan is the next requisite step prior to applying for a building permit. The applicant has submitted the accompanying Planned Development Site Plan for approval. The Planning and Zoning Commission is authorized to approve Site Plans that do not involve any variances. Since the submitted Site Plan, if approved as proposed, will require approval of a variance, the Town Council must approve the Site Plan. The Planning and Zoning Commission considered this case at the November 29, 2010 meeting and voted unanimously to recommend approval of the plan subject to the comments and recommendations that are included Page 2 of 2 in the staff report. Details regarding the variances sought are also included in the staff report. N/A FUNDING Staff has reviewed the Planned Development Site Plan for compliance with the adopted ordinances and the Town of Westlake Comprehensive Plans. Staff feels that the plans submitted meet or exceed the intent of the adopted ordinances and the Comprehensive Plans. Staff recommends approval as submitted subject to the comments and recommendations in the staff report. RECOMMENDATION Staff report ATTACHMENTS: Site Plan Elevation exhibits Resolution 1 TOWN OF WESTLAKE, TX STAFF REPORT TO THE MAYOR AND TOWN COUNCIL I. CASE INFORMATION Case No(s): SP- 11- 02- 2010 Date: 12/01/2010 Request: The applicant is requesting approval of a Planned Development Site Plan in order to develop a piece of property and construct a Liquor Store. Project name: Centennial Fine Wine and Spirits Location: 2341 Hwy 377. The subject property is located in the Westlake Corners North subdivision, a triangular parcel at the Northwest corner of S.H.170 and S.H. 377 in the PD 3-11 zoning district. The Western boundary of this land abuts the rail road tracks and Fort Worth city limits. The South and North boundaries abut lots in the same zoning district, and the East boundary abuts Highway 377 Right-of-way. Zoning: PD- 3-11 Proposed Use(s): Liquor store. The proposed use is allowed by right in the PD 3-11 zoning district. II. STAFF REVIEW COMMENTS 1. Platting The preliminary and final plats have been approved and will be filed following the approval of this Site Plan. A minor adjustment to the plats will be necessary to accommodate some relocated parking spaces. These changes will be approved administratively by the Town Engineer. 2. Landscaping The applicant is proposing to comply with the Forested Edge option instead of installing an earth berm. The common access drive approach located in the center of the lot makes a berm impractical. 2 3. Outdoor Lighting Plan While the applicant states that all luminaries will be shielded to comply with the Town’s outdoor lighting requirements as found in Section 102-207, they have not submitted a detailed outdoor lighting plan as of the date of this staff report. In the P&Z meeting the applicant stated that they plan to use the same light fixture types as being proposed for the convenience store on the adjacent property. 4. Building Articulation Vertical and horizontal articulation of the exterior facades is required to meet specific design criteria. The Proposed structure does not meet the design articulation criteria on all facades. In the P&Z meeting an alternative elevation was presented for the north wall of the building which brings the design much closer to meeting the code requirements. III. STAFF RECOMMENDATIONS Staff recommends approval of the Planned Development Site Plan application with the following stipulations: 1. Outdoor lighting. A detailed outdoor lighting plan shall be submitted with the building permit submittal documents. After the installation of the outdoor lighting the applicant must agree to adjust or shield any light fixture found to adversely impact neighboring properties or glare excessively as viewed from adjacent properties or right-of-ways. 2. Trash receptacles. A trash receptacle shall be placed near each customer entrance. The trash receptacles must be of a design compatible with the architecture of the building. 3. Landscaping. Extend landscaping on the north property line to the rear of the building. 4. Building Articulation. Alternate exhibit showing revised North elevation. 5. Monument sign. The monument sign must be located a minimum of ten feet behind the front property line. Resolution 10-44 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 10-44 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PLANNED DEVELOPMENT SITE PLAN FOR THE PROPERTY ADDRESSED AS 2341 S.H. 377, BEING LOT 1, BLOCK 2, OF THE WESTLAKE CORNERS NORTH SUBDIVISION LOCATED IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS; WHEREAS, The Planning and Zoning Commission reviewed the application for the above referenced Planned Development Site Plan on November 29, 2010, and voted unanimously to recommend that the Town Council approve the application subject to the comments and recommendations contained in the staff report: 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, 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 of Westlake Town Council does hereby approve the Planned Development Site Plan, attached as Exhibit “A”, subject to the comments and recommendations contained in the Staff Report, attached as Exhibit “B”. 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 13TH DAY OF DECEMBER 2010. _____________________________ Laura L. Wheat, Mayor Resolution 10-44 Page 2 of 2 ATTEST: ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager 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. Section 551.071 Consultation with Attorney - 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: 1. 2. Rosevear and Simonetti vs. Town of Westlake Michael Eaton vs. Town of Westlake b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase, exchange, lease, or value of real property: Vaquero / Discovery Land. d. Section 551.074(a)(1) Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. Town of Westlake Item # 7 – Executive Session Town of Westlake Item # 8 – Reconvene Meeting TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY a. Section 551.071: Consultation with Attorney - 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: 1. 2. Rosevear and Simonetti vs. Town of Westlake Michael Eaton vs. Town of Westlake b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. c. Section 551.072: Deliberation Regarding Real Property – to deliberate the purchase, exchange, lease, or value of real property: Vaquero / Discovery Land. d. Section 551.074(a)(1): Personnel Matters - to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager. 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 - Town Offices Closed December 24th, 27th and 31st - Town Offices Closed , 2010 January 17, 2011 - Town Council Meeting January 24, 2011 - Town Council Meeting February 28, 2011 Town of Westlake Item # 12 – Council Calendar Town of Westlake Item # 13 – Adjournment Back up material has not been provided for this item.