HomeMy WebLinkAbout06-08-09 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.
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 REGULAR MEETING
A G E N D A
June 8, 2009
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS / MUNICIPAL COURT ROOM
7:00 p.m.
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
3. CITIZEN PRESENTATIONS: 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.
Town of Westlake Town Council Page 2 of 3
Regular Meeting Agenda
June 8, 2009
a. Review and approve minutes of the Town Council Workshop and Regular meeting
held on May 18, 2009.
b. Review and approve minutes of the Town Council Joint Workshop held on May 21,
2009.
c. Review and approve minutes of the Town Council Special meeting held on May 28,
2009.
d. Consider a Resolution authorizing a contract with McCreary, Veselka, Bragg &
Allen, P.C. (MVBA) to collect delinquent citations.
e. Consider a Resolution approving amendments to the Town of Westlake Personnel
Manual.
f. Consider a Resolution authorizing the Town Manager to enter into an agreement with
B & R Utility Construction for Drainage Improvements in Stagecoach Hills.
5. ELECT A MAYOR PRO TEM.
6. CONSIDER A RESOLUTION APPOINTING MEMBERS TO SERVE ON A
WORK GROUP TASK FORCE RELATED TO THE TEXAS STUDENT
HOUSING AUTHORITY.
7. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR A SPECIFIC USE PERMIT (SUP-09-01)
FOR A PRIVATE WATER WELL TO BE LOCATED AT 1802 HIGH COUNTY
DRIVE IN THE VAQUERO RESIDENTIAL ADDITION.
8. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT (SUP-09-02)
FOR A PRIVATE WATER WELL TO BE LOCATED AT 1806 HIGH COUNTRY
DRIVE IN THE VAQUERO RESIDENTIAL ADDITION.
9. 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 Town Council Page 3 of 3
Regular Meeting Agenda
June 8, 2009
10. COUNCIL CALENDAR.
- Town Council Mini-Retreat
o June 22, 2009, Marriott Solana, 2:30 p.m. to 8 p.m.
- TML Legislative Wrap-up
o June 26, 2009, Marriott Las Colinas, Irving
- TML Legislative Wrap-up
o June 29, 2009, Austin
- TML Newly Elected City Official Orientation
o July 24-25, 2009, Austin
- TML Newly Elected City Official Orientation
o August 7-8, 2009, Austin
11. ADJOURNMENT.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday,
June 5, 2009, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kim Sutter, 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.
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."
Town of
Westlake
Item # 3 – Citizen’s
Presentations
This is an opportunity for
citizens to address the Board on
any matter whether or not it is
posted on the agenda. The
Board cannot by law take
action nor have any discussion
or deliberations on any
presentation made to the Board
at this time concerning an item
not listed on the agenda. The
Board will receive the
information, ask staff to review
the matter, or an item may be
noticed on a future agenda for
deliberation or action.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL WORKSHOP
May 18, 2009
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan (arrived at 4:35 p.m.),
Larry Corson (arrived at 6:45 p.m.) Carol Langdon, Don Redding, Rebecca
Rollins and Council Member-elect Rick Rennhack.
ABSENT: None.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, Finance Director Debbie Piper, Public
Works Superintendent Jarrod Greenwood, Facilities and
Recreation Director Troy Meyer, Assistant to the Town Manager
Ginger Awtry, and Management Intern Ben Nibarger.
1. CALL TO ORDER.
Mayor Wheat called the workshop to order at 4:33 p.m.
2. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM MAY 18, 2009,
COUNCIL REGULAR MEETING AGENDA.
Mayor Wheat introduced the item and opened the floor for questions related to the
consent agenda items from the May 18, 2009, regular meeting.
Town Manager Brymer updated the Council relative to Item # 9(e) on the regular
meeting agenda (HB 2210). Mr. Brymer advised the Council that he retained Brown
McCarroll, LLP to monitor the legislature with regard to HB 2110, which would
effectively remove a municipality’s ability to regulate surface aspects of oil/gas drilling
and production by making mineral interests a property right and thus, create a potential
takings issues for drilling permits that might not be approved.
3. HEAR AND DISCUSS REPORT FROM PUBLIC ART SOCIETY OF
WESTLAKE PRESIDENT-ELECT REGARDING ACTIVITIES OF THE
SOCIETY.
Town of Westlake Town Council Page 2 of 4
Workshop Minutes
May 18, 2009
President-elect David Rollins addressed the Council regarding the Public Art Society of
Westlake, and expressed appreciation to out-going President Michelle Corson.
Mr. Rollins shared the following with the Council:
- Purpose of the Public Art Society of Westlake
- Current membership is approximately 40
- Flamenco night was a success with approximately 60 guests in attendance
- Current budget
- Developed Public Art Master Plan last year
- Developing website www.westlakearts.com
- Supported Decoration Day with donation in support of musical appearance
- Commissioned portrait of former Mayor, Scott Bradley by Keller artist
Stephanie Schultz
- Commissioned painting by Dennis Ferris and donated to Gallery Night
- Field trip to office complex in Frisco to view outdoor art ideas and
specifically from Texas artists.
- Hosted a performance event at the home of Kelly Cox – Flamenco Night –
used as fundraiser and membership drive.
- Discussed establishing a 501(c)3
- Crow collection exhibit in the fall for fundraiser and membership drive.
Mayor Wheat asked if any thought had been given to partnering with Westlake Academy
on events.
Mr. Rollins stated that the Society is interested in opportunities to partner with other
groups. Additionally, Mr. Rollins asked for the Council’s consideration in allocating
$10,000 to the Public Art of Society of Westlake in the Town’s 2009-2010 fiscal year
budget.
Town Manager Brymer advised the Council that a FM 1938 conceptual plan will be
presented to the Council and possibilities exist for the incorporation of public art in the
project.
Town Manager Brymer advised Mr. Rollins to submit a letter of request for the 2009-
2010 FY budget for the $10,000 budget allocation.
4. PRESENTATION AND DISCUSSION OF PROPOSED FM 1938 STREETSCAPE
ENHANCEMENTS.
Public Works Superintendent Greenwood introduced the item to the Council. Mr.
Greenwood advised that Schrickel Rollins and Associates (SRA) and Townscape, Inc.
(landscape architect) were present to address questions regarding the project.
Mr. Clint Loffard, SRA, presented the concept plan for the FM 1938 corridor
enhancements.
Town of Westlake Town Council Page 3 of 4
Workshop Minutes
May 18, 2009
Mr. Jim Richards, Townscape, Inc., addressed the Council regarding corridor image and
identity and reviewed the following:
• Look at what is on the ground now
• Site Observations and Impressions
• TXDot median enhancements guidelines
• Design Palette
• Preliminary Landscape Concept design
• Commercial Parkway concept
• Public Art Opportunities
• Ranch Savannah Concept (south of Dove Road)
• Intersection ehancements
• Solana Drive Concept
• Intersection Concepts
• Path light concept
The project area is SH 114 across Solana and Dove and down to Randol Mill.
Mr. Jim Richards, Townscape, Inc., presented the FM 1938 Master Plan to the Council.
Representatives of SRA and Townscape, Inc. addressed questions from the Council.
Public Works Superintendent Greenwood advised that a project budget is currently being
developed.
5. DISCUSSION OF THE QUARTERLY FINANCIAL DASHBOARD FOR THE
QUARTER ENDED MARCH 31, 2009, THE CAPITAL IMPROVEMENT
PROJECTS UPDATE, AND THE MUNICIPAL AND ACADEMY BUDGET
CALENDAR UPDATE.
Finance Director Piper reviewed the quarterly financial dashboard for the quarter ended
March 31, 2009, and reviewed the variances between the estimated and current budget.
Discussion ensued regarding current development, permit fees, municipal court
collection reduction, and the status of the ability to utilize red light cameras.
6. FUTURE AGENDA ITEMS.
No items were presented for consideration.
7. ADJOURNMENT.
There being no further business, Mayor Wheat adjourned the workshop at 7:11 p.m.
Town of Westlake Town Council Page 4 of 4
Workshop Minutes
May 18, 2009
APPROVED BY THE TOWN COUNCIL ON JUNE 8, 2009.
___________________________________
Laura Wheat, Mayor
ATTEST:
_______________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL REGULAR MEETING
May 18, 2009
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol
Langdon, Don Redding, Rebecca Rollins and Council Member-elect Rick
Rennhack.
ABSENT: None.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry,
Town Secretary Kim Sutter, Public Works Superintendent Jarrod
Greenwood, Finance Director Debbie Piper, Facilities and
Recreation Director Troy Meyer, and Assistant to the Town
Manager Ginger Awtry
1. CALL TO ORDER.
Mayor Wheat called the meeting to order at 7:31 p.m.
2. PLEDGE OF ALLEGIANCE.
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. PRESENTATION OF PROCLAMATION BY MAYOR LAURA WHEAT IN
RECOGNITION OF VFW BUDDY POPPY DAY.
Mayor Laura Wheat read and presented a proclamation to Mr. Allan Werst in recognition
of VFW Buddy Poppy Day.
4. CITIZEN PRESENTATIONS.
Mrs. Sharon Sanden, President of the Westlake Historical Preservation Society,
addressed the Council regarding the release of the Town’s history book. Mrs. Sanden
advised the Council that the book will be released at the May 25, 2009, Decoration Day
event.
With no objections from the Council, Mayor Wheat reordered the agenda to consider
items 9 through 11 at this time.
Town of Westlake Town Council Page 2 of 4
Regular Meeting Minutes
May 18, 2009
9. CONSENT AGENDA.
Mayor Wheat introduced the consent agenda as requested a motion.
a. Review and approve minutes of the Town Council Workshop and Regular meeting
held on April 27, 2009.
b. Resolution No. 09-22 - Consider a Resolution authorizing the Town Manager to
enter into a thirty-six month agreement and authorize subsequent renewals with
Henry Brothers Electronics for related security system maintenance, service, repair,
and inspections of equipment and applicable software.
c. Resolution No. 09-23 - Consider a Resolution authorizing a contract with Royer &
Schutts to provide and install the offices and classroom furniture for the Sam &
Margaret Lee Arts & Sciences Center.
d. Resolution No. 09-24 - Consider a Resolution approving the payment of AT&T
invoice for relocation of telecommunication infrastructure related to the FM 1938
project.
e. Resolution No. 09-25 - Consider a Resolution ratifying the action of the Town
Manager to retain Brown McCarroll L.L.P. for legal services related to State
legislative monitoring and advocacy focused on HB 2110.
MOTION: Council Member Rollins made a motion to approve the consent agenda as
presented. Mayor Pro Tem Redding seconded the motion. The motion
carried by a vote of 5-0.
10. FUTURE AGENDA ITEMS.
No items were presented for consideration.
11. COUNCIL CALENDAR.
Mayor Wheat reviewed the Council Calendar.
- Town Council and Texas Student Housing Authority Joint Meeting
o Thursday, May 21, 2009, 5:30 p.m., Town Hall
- Decoration Day
o Monday, May 25,2009, I.O.O.F. Cemetery
- 2009 MasterWorks concert series
o Friday, May 29, 2009, 12 noon, Solana Courtyard
- Texas Student Housing Authority Board of Directors Meeting
o Tuesday, May 26, 2009, 5:30 p.m., Town Hall offices
- TML Legislative Wrap-up
o June 26, 2009, Marriott Las Colinas, Irving
- TML Legislative Wrap-up
Town of Westlake Town Council Page 3 of 4
Regular Meeting Minutes
May 18, 2009
o June 29, 2009, Austin
- TML Newly Elected City Official Orientation
o July 24-25, 2009, Austin
- TML Newly Elected City Official Orientation
o August 7-8, 2009, Austin
5. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE LOCAL OPTION ELECTION HELD ON
MAY 9, 2009, FOR CONSIDERATION OF TWO (2) LOCAL OPTION
PROPOSITIONS.
Town Secretary Sutter introduced the item to the Council.
MOTION: Mayor Pro Tem Redding moved to to adopt Ordinance No. 625,
canvassing and declaring the results of the May 9, 2009, Local Option
Election allowing the sale of mixed beverages by food and beverage
certificate holders and the sale of all alcoholic beverages for off-premise
consumption only. Council Member Langdon seconded the motion. The
motion carried by a vote of 5-0.
6. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY
9, 2009, FOR THE ELECTION OF THREE (3) COUNCIL MEMBERS TO
TERMS EXPIRING MAY 2011.
Town Secretary Sutter introduced the item item to the Council.
MOTION: Mayor Pro Tem Redding moved to adopt Ordinance No. 626, canvassing
and declaring the results of the May 9, 2009, General election. Council
Member Brittan seconded the motion. The motion carried by a vote of 5-
0.
7. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS.
Town Secretary Sutter administered the Oath of Office to Council Members-elect
Corson, Langdon and Rennhack.
8. RECOGNITION OF OUTGOING COUNCIL MEMBER DON REDDING.
Mayor Laura Wheat presented a bouquet of flowers to Mrs. Betty Redding and an
engraved clock to out-going Mayor Pro Tem Redding in recognition of his ten (10) years
of service to the Town by serving on the Board of Aldermen/Town Council and Board of
Trustees.
Mr. Redding addressed those in attendance and expressed his appreciation for the
opportunity to serve.
Town of Westlake Town Council Page 4 of 4
Regular Meeting Minutes
May 18, 2009
12. ADJOURNMENT.
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Rennhack made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion carried by a
vote of 5-0.
Mayor Wheat adjourned the meeting at 8:00 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 8, 2009.
__________________________________________
Laura Wheat, Mayor
ATTEST:
______________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL &
TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS
JOINT WORKSHOP
May 21, 2009
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Larry Corson, Carol
Langdon, Rick Rennhack, and Rebecca Rollins, TSHA Chairman Jim Carter and
Directors Jac Irvine, George Ledak (arrived at 6:01 p.m.), Jill McKean, and Chuck
Schultz.
ABSENT: Council Member Brittan and TSHA Director Melanie Lekkos.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter. TSHA
Executive Director Pete Ehrenberg, General Counsel Scott Bradley,
and Mr. Allen Moon.
1. CALL TO ORDER.
A. Town Council
Mayor Wheat called the workshop to order at 5:51 p.m.
B. Texas Student Housing Authority
Chairman Carter called the workshop to order at 5:51 p.m.
2. HEAR AND DISCUSS OVERVIEW OF TEXAS STUDENT HOUSING AUTHORITY
SCHOLARSHIP PROGRAM.
Executive Director Ehrenberg addressed the Council and the Board regarding the item. Mr.
Ehrenberg reviewed the original goal of the scholarship program and how the program has
evolved to today’s statewide scholarship offerings.
Discussion ensued regarding the goals and expectations of the program from the onset and
as it exists today, and the TSHA property finances.
Town of Westlake Town Council Page 2 of 4
& TSHA Board of Directors
Joint Workshop Minutes
May 21, 2009
3. DISCUSS AND REVIEW CURRENT STATUS OF TEXAS STUDENT HOUSING
AUTHORITY SCHOLARSHIP PROGRAM AND FINANCIAL OUTLOOK
REPORT PREPARED BY THE EXECUTIVE DIRECTOR.
Executive Director Ehrenberg reviewed the financial outlook for each of the properties:
- Cambridge
o Project 100% occupancy for 2009/10 school year
o Rental rates increased
o Tax exempt status for 2009 has been denied by Brazos County
Protest has been filed on both property and personal property
valuations
o Repair and Replacment and Debt Service Reserves Funds are fully
funded
Discussion ensued regarding the Brazos County tax-exempt denial and the impact to the
program, and the current status of the bonds.
- Ballpark at Austin
o Project 97% occupancy for 2009/10 school year
o Rental rates increased slightly
o 2009/10 net cash flow is expected to remain unchanged
o MBIA has retained Cushman & Wakefield to conduct an appraisal review
with the possiblility of selling the property if the property meets MBIA
criteria
Analysis by Asset Plus indicates the market value is $16.2
o Repair and Replacment fund is depleted
o Debt Service Reserve balance is $1.68 million
Executive Director Ehrenberg advised that he has met with MBIA, the insurer of the senior
bonds at the Ballpark, regarding the possiblity of selling the property. The property
appraisal came in at $19.5 to $20.5 million.
- Town Lake at Austin
o Project 97% occupancy for 2009/10 school year
o 2009/10 net cash flow is projected to decrease by $16K
o MMA has approached to TSHA indicating a willingness to suspend the
interest payments on A2 bonds ($33K month) if TSHA will forego Asset
Management Fee of $28K/year
A2 Interest payment suspension will trigger an Event of Default
Will give MMA greater input as to the direction of the property,
including possible foreclosure action
o Repair and Replacement fund balance is $378K
o Debt Service Reserve balance is $400K
Currently using $45 to $50K monthly
Town of Westlake Town Council Page 3 of 4
& TSHA Board of Directors
Joint Workshop Minutes
May 21, 2009
Discussion ensued regarding the impact of foregoing the asset management fee of $28K
year.
Chair Carter stated that he supports a more proactive approach in dealing with MMA
concerning the Town Lake property.
With no objections, Mayor Wheat stated that she would meet with the Town Manager to
discuss possible options for moving forward with regard to the MMA’s proposal.
Director Irvine stated that he would like to make sure that TSHA does not lose site of the
original goal of offering scholarships and obtaining enough revenue to cover the
administration costs.
Chairman Carter suggested a financial analysis be performed on the San Marcos property to
determine how valuable the property is to the owner.
Mayor Wheat suggested that a committee be formed consisting of two (2) members of the
Council, two (2) members of the TSHA Board and a couple of members from the
community to discuss possible alternative options with regard to financing of the projects.
Discussion ensued regarding the flow of funds related to the Authority.
Although not discussed, the following information was presented to the Council and the
Board regarding The Ridge at Denton
O Project 81% occupancy for 2009/10 school year
O 2009/10 net cash flow is projected to be $537K less than FY 2008/09
O Repair and Replacement funds is depleted
O Debt Service Reserve fund balance is $2.3 million
4. DISCUSS AND REVIEW REQUEST BY MUNIMAE FINANCIAL TO FOREGO
ASSET MANAGEMENT FEES FOR THE TOWN LAKE PROPERTY.
See item #3 with regard to the Town Lake property.
5. CONSIDER AND TAKE ACTION REGARDING REQUEST BY MUNIMAE
FINANCIAL TO FOREGO ASSET MANAGEMENT FEES FOR THE TOWN LAKE
PROPERTY.
A. Texas Student Housing Authority.
MOTION: Director Irvine made a motion to table consideration of the item. Director
Ledak seconded the motion. The motion carried by a vote of 5-0
Town of Westlake Town Council Page 4 of 4
& TSHA Board of Directors
Joint Workshop Minutes
May 21, 2009
6. ADJOURNMENT.
A. Town Council
There being no further business, Mayor Wheat adjourned the workshop at 8:24 p.m.
following discussion of item #3.
B. Texas Student Housing Authority
There being no further business, Chair Carter adjourned the workshop at 8:27 p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 8, 2009.
_________________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________
Kim Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL SPECIAL MEETING
May 28, 2009
PRESENT: Mayor Laura Wheat and Council Members Tim Brittan, Carol Langdon, Rick
Rennhack, and Rebecca Rollins.
ABSENT: Council Member Larry Corson.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter,
Planning and Development Director Eddie Edwards, and Assistant
to the Town Manager Ginger Awtry.
1. CALL TO ORDER.
Mayor Wheat called the meeting to order at 5:35 p.m.
2. PLEDGE OF ALLEGIANCE.
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. DISCUSS AND CONSIDER APPROVAL OF A RESOLUTION APPROVING
AMENDMENT NO. 1 TO THE TOWN OF WESTLAKE’S CONTRACT WITH
TRAFFIPAX FOR RED LIGHT CAMERA AND SPEED ENFORCEMENT
SYSTEMS.
Town Manager Brymer introduced the item and advised the Council that this item is to
extend the Town’s contract with Traffipax for a period of twenty (20) years. Included in
the contract is a ninety-day (90) termination clause, with or without cause. Mr. Brymer
added that the current State legislature was considering a bill that, if adopted, would
prohibit the installation of photographic enforcement systems and remove provisions
relating to a civil or administrative penalties currently assessed by such systems.
Additionally, the bill would allow a local authority that enacted an ordinance and entered
into a contract for the system prior to June 1, 2009, to continue operating under the terms
of the contract but only until the expiration of the current contract. Mr. Brymer advised
the Council that staff is recommending approval of the contract for a term of twenty (20)
years with all other contract terms remaining the same.
Mr. Brymer advised the Council that a public hearing was held in October 2007 and no
speakers registered in support or opposition to the installation of red light cameras.
Town of Westlake Town Council Page 2 of 2
Special Meeting Minutes
May 28, 2009
MOTION: Council Member Langdon made a motion to approve Resolution No. 09-
26, approving an amendment to a previously approved agreement with
Traffipax for red light cameras and speed enforcement systems. Council
Member Rollins seconded the motion. The motion carried by a vote of 4-
0.
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 5:41p.m.
APPROVED BY THE TOWN COUNCIL ON JUNE 8, 2009.
__________________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________
Kim Sutter, TRMC, Town Secretary
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Tom Brymer, Town Manager
Subject: Regular meeting of June 8, 2009
Date: May 27, 2009
ITEM
Consider a Resolution authorizing a contract with McCreary, Veselka, Bragg & Allen, P.C.
(MVBA) to collect delinquent citations.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o High Quality Services Delivery Coupled with Financial Stewardship
BACKGROUND
The Staff is proposing to terminate the contract with the existing collection agency and approve
an agreement with MVBA. The change in providers would allow the Court staff to increase
operational efficiency and outsource certain collection and payment plan options associated with
outstanding warrants. The proposed change would allow the provider to process payments
directly and handle all corresponding paperwork for those cases that are delinquent and have
been placed for collection. The court would benefit through this outsourcing in the elimination
of multiple partial payments and correspondence from defendants regarding their ‘old’ cases –
the collection would handle these tasks and remit the payments to the court.
MVBA offers an overall reduction in the assessed percentage of their services and will also
electronically capture all the phone conversations with our defendants and provide this
information via web access for the court staff.
FUNDING
The cost of the collection agency fees are allocated in the current budget year and any
adjustments, from the reduced processing rate, will be factored in for the 2009-2010 fiscal year.
RECOMMENDATIONS
Approve the contract with MVBA.
ATTACHMENTS:
Resolution No. 09-27
MVBA Contract
TOWN OF WESTLAKE
RESOLUTION NO. 09-27
AUTHORIZING A CONTRACT WITH MCCREARY, VESELKA, BRAGG & ALLEN,
P.C., (MVBA) TO PROVIDE COLLECTION SERVICES TO THE MUNICIPAL
COURT,
WHEREAS, The Town desires to increase the efficiency of the Municipal Court, and
WHEREAS, MVBA, will provide collection services for the Town of Westlake, and
WHEREAS, Westlake desires to offer high quality services along with financial
stewardship, and
WHEREAS, We have developed an agreement, attached as Exhibit “A”, establishing the
services to be provided
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. All matters stated in the Resolution above are found to be true and correct
and are incorporated herein by reference as copied in their entirety.
SECTION 2. The Town Council of the Town of Westlake hereby approves the
agreement with MVBA, relating to collection services for outstanding arrest warrants and related
delinquent citations, attached hereto as Exhibit “A”; and further authorizes the Town Manager to
execute the contract on behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS THE 8th DAY OF JUNE, 2009.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
CONTRACT FOR COLLECTION
OF
DELINQUENT MUNICIPAL COURT FINES AND FEES
AND
DELINQUENT ACCOUNTS RECEIVABLE
STATE OF TEXAS
§
COUNTY OF TARRANT
THIS CONTRACT is made and entered into by and between the TOWN OF WESTLAKE,
TEXAS, acting herein by and through its governing body, hereinafter styled, "Town", and
McCREARY, VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA".
I.
The Town agrees to retain and does hereby retain MVBA to provide legal services related to the
enforcement of the collection of delinquent municipal court fines, fees, court costs, restitution, debts and
accounts receivable and other amounts in accordance with the provisions of Article 103.0031, Texas
Code of Criminal Procedure (hereinafter referred to in the agreement as “Fines and Fees”) and other
delinquent accounts receivable, including but not limited to delinquent utility bills, delinquent fees for
Emergency Medical Services, assessments for the mowing of vacant lots, demolition of substandard
structures and abatement of other nuisances by the Town (“Delinquent Accounts Receivable”).
II.
For purposes of this contract all Fines and Fees shall be referred to MVBA when determined to
be delinquent as provided for in Article 103.0031, Texas Code of Criminal Procedure. Delinquent
Accounts Receivable shall be considered delinquent and referred to MVBA when not timely paid in
accordance with any applicable contract, ordinance or statute providing for the payment of the
underlying debt.
At least once each month on a date or dates agreed upon by the parties, the Town will provide
MVBA with copies of, or access to, the information and documentation necessary to collect the Fines
and Fees and Delinquent Accounts Receivable that are subject to this contract. The Town shall furnish
the information to MVBA by electronic transmission or magnetic medium. The Town shall be
responsible for the receipt of the payment of all fines and fees and accounts receivable pursuant to this
contract.
III.
MVBA shall forward to the Town copies of any correspondence regarding a disputed debt
received from a debtor and a request for verification of the debt. The Town will provide to MVBA
within ten (10) days of the receipt for the request for verification of the debt, copies of all records which
will verify the debt which in turn will be forwarded to the debtor by MVBA. All collection activity will
be suspended on any disputed debt until the appropriate verification of the debt is delivered to the
debtor.
§
§
§
Contract for the Collection of Fines & Fees and Accounts Receivable - Page 2 of 5
IV.
Upon consultation and agreement by both parties hereto, MVBA may institute civil legal
proceedings, including seeking writs of execution to collect Delinquent Accounts Receivable. The Town
shall pay in advance of the initiation of any writ of execution or collection lawsuit any filing fees
charged by the Court or Clerk of the Court in which the writ of execution is to be issued or the collection
lawsuit is to be filed including the costs for service of citation. MVBA may also, after consultation and
agreement by both parties, file proofs of claims in the United States Bankruptcy Court on behalf of the
Town.
V.
MVBA shall forward all cashier checks or money order payments made payable to the Town and
any correspondence from defendants directly to the Town. Cashier checks or money order payments
made payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may also collect
the amount due from the defendant by credit card or electronic draft which is deposited directly into the
MVBA Trust Account. MVBA shall remit to the Town all payments in full received into the MVBA
Trust Account, semi-monthly, along with an invoice detailing the docket/account number, name of
defendant/ debtor, amount paid to MVBA or Court/Office, MVBA fee percentage and fees earned for
each case.
VI.
MVBA shall indemnify and hold the Town harmless from and against all liabilities, losses and/or
costs arising from claims for damages, or suits for losses or damages, including reasonable costs and
attorney's fees, which may arise as a result of MVBA's performance of the services described in this
contract. The indemnity provision of this contract shall have no application to any claim or demand
which results from the sole negligence or fault of the Town, its officers, agents, employees or
contractors. And furthermore, in the event of joint and/or shared negligence or fault of the Town and
MVBA, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and
without waiving any defenses of either party. The provisions of this paragraph are intended for the sole
benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to
any other persons or entities.
VII.
Fines and Fees
For the collection of Fines and Fees, the Town agrees to pay to MVBA, as compensation for the
legal services rendered the following fees:
1. For those fines and fees resulting from Unadjudicated Offenses that occurred before
June 18, 2003, our fee is five percent (5%) of the amount of fines and fees collected by the
Court on those cases in which the data files are transmitted to MVBA by electronic media.
However, in no event shall MVBA be compensated for the collection of a delinquent Fine and
Fee which exceeds the amount realized by the City from the collection of the delinquent Fine
and Fee after deducting the amount due the State of Texas.
Contract for the Collection of Fines & Fees and Accounts Receivable - Page 3 of 5
2. For those Fines and Fees imposed against Unadjudicated offenses that occurred on or after June
18, 2003, and for adjudicated offenses regardless of the date of occurrence, a fee of thirty
percent (30%) of the amount of the Fines and Fees collected by the Town, as provided by
Article 103.0031 of the Code of Criminal Procedure
3. In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are
discharged through performance of community service, credit for jail time served, the
discretionary removal of a collection fee by the Court or pursuant to §45.0491 of the Code of
Criminal Procedure, no compensation shall be paid to MVBA by the Town.
MVBA shall remit to the Town all payments in full, semi-monthly, along with appropriate
documentation to facilitate processing of the payments by the court for paid cases and will include the
amount of the fees due the Firm.
All fees shall become the property of MVBA at the time of payment. The Town shall pay to
MVBA said fees on a monthly basis by check.
Delinquent Accounts Receivable
For the collection of Delinquent Accounts Receivable, the Town agrees to pay to MVBA as
compensation for services provided pursuant to this contract, a fee of twelve percent (12%) of the
amount of the Delinquent Accounts Receivable collected on those accounts in which the data files are
transmitted to MVBA by electronic media.
All compensation shall become the property of MVBA at the time of payment. The Town shall
pay to MVBA said compensation on a monthly basis by check.
VIII.
MVBA reserves the right to return to the Town all accounts not collected within one (1) year of
referral by the Town, or identified as being in bankruptcy. Upon return of these accounts, neither party
will have any obligation to the other party to this contract.
IX.
The initial term of this contract is two (2) years, beginning on the _____ day of ____________,
2009, and shall thereafter continue on a month-to-month basis. Either party may, without cause,
terminate this contract at the end of the initial contract term or thereafter by giving the other party
written “Notice of Termination of Contract” at least thirty (30) days prior to the intended termination
date.
In the event that the Town terminates this contract, MVBA shall be entitled to continue its
collection activity on all accounts previously referred to MVBA for six (6) months from the date of
receipt of the “Notice of Termination of Contract” and to payment of its fee, pursuant to Paragraph VII
of this contract for all amounts collected on accounts referred to MVBA. The Town may, at its
discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA.
At the end of the six (6) month period, all accounts shall be returned to the Town by MVBA.
Contract for the Collection of Fines & Fees and Accounts Receivable - Page 4 of 5
X.
For purposes of sending notice under the term of this contract, all notices from the Town shall be
sent to MVBA by certified United States mail to the following address:
McCreary, Veselka, Bragg & Allen, P.C.
Attention: Harvey M. Allen
P.O. Box 1310
Round Rock, Texas 78680-1310
or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock, Texas
78664-2425. All notices to the Town shall be sent be certified United States mail or delivered by hand
or courier to the following address:
Town of Westake
Attention: Thomas E. Brymer
Town Manager
3 Village Circle, Suite 202
Westake, Texas 76262
XI.
This contract is made and is to be interpreted under the laws of the State of Texas.
In the event that any provision(s) of this contract shall for any reason be held invalid or
unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other
provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable
provision(s) had never been a part of this contract.
XII.
In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake
performance of said contract as set forth above.
The Town has authorized the Mayor to execute this contract by order heretofore passed by the
Town Council of The Town and duly recorded in its minutes.
This contract may be executed in any number of counterparts, and each counterpart shall be
deemed an original for all purposes. Signed facsimiles shall be binding and enforceable.
Contract for the Collection of Fines & Fees and Accounts Receivable - Page 5 of 5
WITNESS the signatures of all parties hereto this, the ____ day of ______________, A.D. 2009.
TOWN OF WESTAKE, TEXAS
________________________________________,
Mayor
McCREARY, VESELKA, BRAGG & ALLEN, P.C.
_________________________________________
Gilbert T. Bragg
Attorney at Law
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Todd Wood, Director of Human Resources and Administrative Services
Subject: Regular Meeting of June 8, 2008
Date: June 8, 2009
ITEM
Consider a Resolution approving amendments to the Town of Westlake Personnel Manual.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o Producing well educated future leaders and thinkers
BACKGROUND
The Town of Westlake Personnel Manual is a written compilation of the Town’s policies,
procedures, and benefits. It is a comprehensive document which must be updated in response to
changing laws, employment trends, as well as internal changes in structure and benefits.
The recommended changes to the personnel manual are shown on “Exhibit A”. A brief summary
of these changes are as follows:
• Adoption of casual Friday, which allows employees to wear appropriate blue jeans;
• Inclusion of the 457 deferred compensation plan adopted by the board last year;
• A streamlined employee complaints and grievance policy which contains clearer language
and an option for complaints as well as grievances.
• Additions to the Town’s hiring procedures, requiring for Town Manager approval before
filling positions;
• Clearer language in out disciplinary policies.
• Formal adoption of a gifts policy.
FUNDING
None
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Resolution No. 09-28
Exhibit “A” showing changes and additions.
TOWN OF WESTLAKE
RESOLUTION NO. 09-28
APPROVING AMENDMENTS TO THE TOWN OF WESTLAKE PERSONNEL
MANUAL AND EMPLOYEE BENEFIT PACKAGE.
WHEREAS, the Town of Westlake recognizes that ongoing updates to the
Town’s personnel manual are necessary to ensure best practices; and,
WHEREAS, the goal of the Town of Westlake is to provide policies and benefits
that are competitive to surrounding cities; and,
WHEREAS, the Town of Westlake desires is to provide employees with a
personnel manual that reflects the goals and vision of the Town’s leaders;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE:
SECTION 1. That the Town of Westlake Town Council does hereby approve the
proposed policy amendment, attached as Exhibit “A”, and its inclusion into the Town of
Westlake Personnel Manual.
SECTION 2. That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 8TH DAY OF JUNE 2009.
___________________________________
ATTEST: Laura Wheat, Mayor
___________________________ __________________________________
Kim Sutter, TRMC, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
_____________________________
L. Stanton Lowry, Town Attorney
Exhibit “A”
Town of Westlake Employee Personnel manual
2.04 Dress Code
The Town of Westlake is a public “service” organization; most employees are in constant
contact with the public, citizens, out-of-town guests, potential residents, the business and
professional community, etc. Employees are expected to dress in a manner that is
appropriate to a business environment and their specific positions that will represent pride in
the Town of Westlake and the citizens they serve. In accordance with department/division
standards, or work environment, employees shall maintain a neat, clean, pressed and well-
groomed appearance, including clothing that fits properly.
Certain departments may be required to wear a specific uniform. Uniforms will be provided
to Department of Public Safety (DPS) personnel and the Marshal’s Office. Public Works and
Maintenance personnel are permitted to wear jeans.
Office personnel are generally expected to wear business casual attire at all times. The
appropriate dress for men is slacks / khakis, dress pullovers, or a button down shirt. Ties
are optional, but should be worn when representing the Town at public meetings or Town
functions, unless otherwise notified. Acceptable attire for women is dress slacks / khakis,
blouses, skirts, and pant suits. Tennis shoes or flip-flops are not acceptable unless
approved in advance by the Town Manager.
The Town observes a “Summer Casual” period each year during the warmest summer
months. The tenure of the Summer Casual period is from May 1st through September 30th.
During this timeframe, employees may select to wear more casual attire for personal
comfort. For all employees, Polo shirts and other short-sleeved items may be worn with
khakis or slacks.
Office personnel will be also be permitted to participate in “casual Fridays”. During casual
Fridays, office personnel will be permitted to substitute jeans for slacks / khakis. Jeans
should be clean and free from holes, tears, or lettering, and should not compromise the
standards of a professional business environment. This policy will not affect the standards
required for shirts, pullovers, blouses, or footwear.
Employees who are required to wear specific uniforms are exempted from this policy.
4.08 Hiring Procedures
In an effort to hire the most capable and qualified candidates, the Town of Westlake adheres to
the following procedures:
Job announcements will be 1) posted as required, 2) distributed to all Town departments, 3)
advertised in local newspaper(s), and 4) posted on the Town’s website.
Any candidate for employment must fill out and sign an employment application form in
order to be considered for hiring. Upon completion of the application, the candidate
becomes an applicant for purposes of recordkeeping.
Upon review of submitted applications, the Director of Human Resources and Department
Head(s) will select candidates for an interview. Candidate(s) may be subject to secondary
interviews, drug screening, background checks, and verification of employment eligibility
through the federal E-Verify system.
After a candidate has been selected, the Director of Human Resources and Department
Head(s) must submit a Personnel Requisition Form to the Town Manager. No offer of
employment may be extended without Town Manager approval of the Personnel Requisition
Form.
Deferred Compensation (457 Plan)
The Town of Westlake makes available to its employees a deferred compensation program
administered through the International City Manager’s Association-Retirement Corporation
(ICMA-RC). Most employees may participate in this program. Maximum annual contributions
are determined on an annual basis by the Treasury Department. Employees considering this
benefit should contact the Human Resources Department for additional information.
9.01 Disciplinary Actions
The following are examples of the various types of disciplinary actions that can be taken. The
list is non-inclusive and is not mandatory.
Verbal Reprimand Counseling Best suited for a minor rule infraction or incident of
substandard performance. Supervisor should explain exactly what the employee did wrong and
why it is important that the behavior not be repeated.
Written record of Verbal Counseling Best suited for a minor rule infractions or incidents
previously addressed by verbal counseling, or for matters that do just fully justify a written
reprimand. Included in the written record of verbal counseling should be a statement of what
violation(s) occurred, what changes in behavior are expected, and the potential disciplinary
actions that may result for future infractions or substandard performance. Both the employee
and the supervisor should sign the form. The original will be given to the employee, and a copy
will be sent to Human Resources and placed in the employee’s personnel file.
Written Reprimand The written reprimand is used as a formal warning of suspension or
termination should the violation reoccur (see Forms Appendix). Both the employee and the
supervisor should sign the form. Included in the written reprimand should be a statement of
what violation(s) occurred, what changes in behavior are expected, and the potential disciplinary
actions that may result for future infractions or substandard performance. Both the employee
and the supervisor should sign the form. The original will be given to the employee, and a copy
will be sent to Human Resources and placed in the employee’s personnel file.violation occurred,
what changes in behavior are expected, when the next evaluation will be held, and exactly what
penalty will occur if no changes are made.
Acceptance of Gifts
It is expected that every Town of Westlake representative maintain the highest degree of ethical
standards at all times. This standard may be greatly compromised by the improper acceptance
of gifts. Even the appearance of accepting gifts can create a negative reflection of the Town.
All Town of Westlake employees, elected officials, and authorized agents acting on behalf of the
Town shall not accept any gift that may reasonably tend to influence them in the performance of
their official duties, or to grant improper favor, service or thing of value. Neither shall they use
their official position to secure special privileges or exemptions for themselves or others, or any
special discounts or loans from any person or firm doing, or seeking to do, business with the
Town of Westlake. The meaning of gifts for purposes of this policy includes the acceptance of
items of monetary value, including entertainment, free travel, and lodging. Gifts of nominal value
may be accepted only with the approval of the Town Manager.
Any conflict or potential conflict of interest must be disclosed immediately to the Town Manager.
Failure to do so will result in disciplinary action, up to and including termination.
EMPLOYEE COMPLAINT AND GRIEVANCE POLICY
(replacing the old policy)
Policy
In the interest of employee efficiency and morale, Town employees shall have the
opportunity to discuss complaints and grievances with their employer after decisions are
made which give rise to complaint or grievance. In order to ensure this opportunity, the
following shall apply:
PURPOSE - The purpose of this procedure shall be to settle matters on as low an
administrative level as possible, as soon as possible after the applicable event, and
to discover, whenever possible, mutually satisfactory solutions to problems which
arise.
COMPLAINT AND GRIEVANCE DEFINED - A "complaint" is an allegation that an
employee's nonspecific employment conditions have been adversely affected. A
"grievance" is an allegation that rights or benefits specifically provided by law, policy,
personnel rule, or previous employer action (such as overtime pay, fringe benefit, or
pay rate) has been denied or misapplied.
PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and temporary
employees may use this procedure, except in cases involving their performance
evaluation or discharge. However, in cases where the employee considers
performance evaluation or discharge to be improperly based upon the employee's
age, sex, race, religion, national origin, or handicap condition, the employee shall
have the right to such relief pursuant to (D) below.
UNLAWFUL DISCRIMINATION COMPLAINT - Any employee who feels that he or
she has been unlawfully discriminated against in matters relating to working
conditions or other conditions of employment, solely because of the employee's age,
sex, race, religion, national origin, or handicap condition shall have the right to file an
equal employment opportunity (EEO) complaint directly with the Town Manager, as
set out under the Town’s EEO Discrimination Complaint Procedure.
Procedure
The following procedure shall be followed in the event an employee desires to present a
complaint or grievance.
A. TIMELY INITIATION OF - Complaints and grievances shall be filed promptly after
complained of events occur. With the exception of EEO complaints, including
complaints of sexual harassment, matters under this procedure must be presented
to the employee's immediate supervisor within five (5) working days from the
occurrence of the challenged action, or from the time the employee first became
aware (or with the exercise of reasonable diligence should have become aware) of its
occurrence, in order to be considered.
B. PROCEDURAL STEPS - To be considered, the procedural steps listed below
must be followed after the challenged action had occurred.
1. First Step: Oral Presentation. All complaints and grievances other than EEO
complaints shall be initially presented orally to the employee's immediate
supervisor. (EEO complaints are to be taken directly to the Town Manager.) In
this first step, the complaint or grievance shall be thoroughly discussed by the
parties in order that every effort can be made to resolve the matter to the
mutual satisfaction of employee and supervisor. Should this informal first step
be considered unsatisfactory, the employee shall have the right to then file a
formal written complaint or grievance as set out in the second step to this
procedure, in B 2 below.
2. Second Step: Written Presentation. If the oral presentation as provided for in
the first step fails to resolve the matter, the employee shall have the right,
within five (5) working days after the discussion with the immediate
supervisor, to file a formal written complaint or grievance with the employee's
department head.
In presenting the written complaint or grievance the following information
must be stated within reasonable clearness:
• the nature of the matter
• the act or acts of commission or omission out of which the dispute
arose
• the exact date (if uncertain, the approximate date) of the act or acts of
commission or omission
• the identity of the employee who claims to be harmed
• the identity of the party or parties alleged to have caused the problem
• the remedy which is sought.
Within five (5) working days of receipt of the written complaint or grievance, the
department head shall meet with the employee and the employee's immediate
supervisor to discuss the matter. In the effort to resolve the matter, the
complaint or grievance at this step shall be thoroughly discussed by all parties
involved. The decision by the department head, whether reached during this
discussion or afterward, shall be presented in writing to the employee within
five (5) working days after the meeting.
(i) Complaints Only: Complaints shall not be submitted to any further appeal
under this procedure beyond this step. However, the written record of
each complaint submitted under this procedure shall be submitted to the
Town Manager for review. The Town Manager reserves the right to
consider any complaint submitted.
(ii) Grievance Matters Only. Should the decision of the department head be
unsatisfactory to the aggrieved employee, the employee may, within
five (5) working days after receipt of the decision, appeal the decision
to the Town Manager as set out below.
3. Appeal to the Town Manager. Within ten (10) working days of the receipt of a
request for a hearing under B 2 (ii) above, the Town Manager shall notify the
aggrieved employee and the employee's department head as to whether or
not the request shall be granted. Should the Town Manager decide not to
hear the grievance on appeal, the decision of the department head shall be
final. Should the Town Manager agree to hear the grievance on appeal, the
Town Manager shall schedule a meeting with all parties to discuss the
grievance. The decision of the Town Manager, whether reached during the
meeting or afterward, shall be presented in writing to each of the involved
parties within seven (7) working days of the meeting. The decision of the
Town Manager shall be final.
C. COMPLAINT OR GRIEVANCE AGAINST DEPARTMENT HEAD - In the event that
an employee's immediate supervisor is the employee's department head, the written
complaint or grievance as set out in B 2 above may be presented directly to the Town
Manager.
D. FAILURE TO FOLLOW PROCEDURES - Failure of an employee to follow the
procedures set out above, or failure to appear at a hearing, shall result in the loss of
further appeal rights by the employee. Provided, however, that the time limits as
specified under these procedures may be extended by mutual agreement of the
complainant/aggrieved employee and the Town Manager.
F. WORKING DAYS DEFINED - Working days under this procedure shall be
defined as the scheduled workdays of the complainant/aggrieved employee
through step B 2. Working days at step B 3 shall be defined as the normal
work days scheduled for the Town Manager.
G. INAPPLICABILITY - This procedure does not apply to any position filled
directly by the Town Council or Town Manager.
H. FREEDOM FROM REPRISAL - Employees wishing to file a complaint or
grievance under this procedure shall be assured of freedom from restraint,
interference, or reprisal from their supervisors or other employees.
SECTION 3: Effect of Procedure
The existence of and access to this procedure shall not constitute any limitation on the
rights of the Town of Westlake to manage its affairs. All employees hold their positions at the
will and pleasure of the Town and such positions may be terminated or otherwise adversely
affected with or without cause.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Jarrod Greenwood, Public Works Superintendent
Subject: Regular meeting of June 8, 2009
Date: June 1, 2009
ITEM
Consider a Resolution authorizing the Town Manager to enter into an agreement with
B & R Utility Construction for Drainage Improvements in Stagecoach Hills.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; We are Leaders
o Infrastructure maintenance and planning
BACKGROUND
Stagecoach experienced significant drainage problems in June 2007. Staff discovered a
bar ditch that was not designed to contain the large amount of runoff being diverted to it.
As a result of this diversion, water overflowed the bar ditch, drained through private
property, and flooded homes along Stagecoach Circle.
Staff met with Stagecoach residents at the February 24th neighborhood meeting to present
the proposed plans and discuss the scope of the project. Several residents expressed
concerns and a desire to have a subsequent on-site meeting on February 27th. This
meeting identified some issues that required additional research and revision of plans.
Staff had a follow up meeting on April 21st to present the final plans and the appropriate
changes to accommodate their concerns.
The proposed drainage improvement plans include redirecting the water to its original
path, installation of larger driveway culverts (pipe), and regarding (deepen) the bar
ditches on the affected properties along Stagecoach Circle and Thornton Drive. The
project was advertised in May with one bid being submitted with a base bid amount of
$44,013.42 and an alternate bid amount of $66,585.40 for a total cost of $110, 599.82.
The base amount includes the minimum amount of bar ditch cleaning, drainage repairs,
and culvert installation to provide Stagecoach residents with some drainage relief. The
alternate amount includes some additional bar ditch cleaning, drainage repairs, culvert
installation, and culvert end treatments (head walls) to provide additional drainage relief.
This contract will have a 30 day completion schedule.
FUNDING
The adopted FY 08/09 budget included $75,000 for the engineering and construction of
Stagecoach Drainage Improvements. The cost of engineering is $11,700 and the cost for
construction is estimated to be $110,999.82 This will require a budget amendment of
$47,300 that will be brought back to Council for approval at a later time and will be paid
from the Property Tax Reduction Fund.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Resolution 09-29
Proposal
TOWN OF WESTLAKE
RESOLUTION NO. 09-29
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ENTERING INTO AN AGREEMENT B&R UTILITY CONSTRUCTION FOR
DRAINAGE IMPROVEMENTS IN STAGECOACH HILLS; AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN
OF WESTLAKE, TEXAS.
WHEREAS, Westlake desires to maintain public drainage facilities; and,
WHEREAS, the Town Council finds that the agreement and Stagecoach Hills drainage
improvements benefit the public; 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 BOARD OF ALDERMEN TO 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 1. THAT, the Town Council of the Town of Westlake, Texas, hereby
approves the agreement with the B&R Utility Construction relating to the provision of
drainage improvements, attached hereto as Exhibit “A”; and further authorizes the Town
Manager to execute said agreement on behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 8TH DAY OF JUNE, 2009.
_________________________________________
Laura Wheat, Mayor
ATTEST:
___________________________ __________________________________
Kim Sutter, TRMS, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Kim Sutter, TRMC, Town Secretary
Subject: Regular Meeting of June 8, 2009
Date: May 28, 2009
ITEM
Elect a Mayor Pro Tem
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Hospitality Finds its Home in Westlake
o Citizen engagement and communication
BACKGROUND
Each year following the Mayor General election, the Council elects one of its members to
serve as the Mayor Pro Tem.
The Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability
of the Mayor to perform such duties.
The Mayor Pro Tem shall have the right to vote as a member of the Council.
FUNDING
None
RECOMMENDATION
N/a
ATTACHMENTS:
None
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Kim Sutter, Town Secretary
Subject: Regular Meeting of June 8, 2009
Date: June 3, 2009
ITEM
Consider a Resolution establishing and appointing members to a work group to review,
evaluate, and make recommendations regarding the Texas Student Housing Authority,
including the Denton project, programs services and financing options.
VISION POINT AND KEY RESULT AREAS
This item supports the following 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
BACKGROUND
The Town Council conducted a joint workshop with the Texas Student Housing
Authority Board of Directors on May 21, 2009, to review the projects of the Authority,
including programs, services, and current finances. Given the current status of the Town
Lake property, it was the consensus of the Town Council to appoint a work group to
evaluate potential alternative financing options.
The Texas Student Housing Authority Board of Directors appointed Directors Jac Irvine
and George Ledak to serve on the work group at the May 26, 2009, Board meeting. The
Board of Directors also recommended that their General Counsel and Outside Counsel
serve in an ex-officio capacity and that Mr. Pete Ehrenberg, Executive Director, be
included in the discussions.
Town staff has prepared a Resolution to accomplish the formation of the work group for
the Council’s consideration. During the workshop discussions, it was determined that the
composition of the work group would include two (2) Council Members, two (2) TSHA
Directors, and two (2) community members. The Council has the final authority to
determine the composition of the group upon approval of the Resolution.
In addition, since this is a Council appointed work group, all meetings must comply with
the open meetings act with regards to agenda postings, have a quorum present for all
meetings, and minutes.
FUNDING
N/A
RECOMMENDATION
Consider approval of the Resolution establishing a work group and appointing members.
ATTACHMENTS:
Resolution No. 09-30
Resolution No. 09-30 – June 8, 2009 Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 09-30
ESTABLISHING A WORK GROUP AND APPOINTING MEMBERS TO
REVIEW, EVALUATE, AND MAKE RECOMMENDATIONS REGARDING
THE TEXAS STUDENT HOUSING AUTHORITY, PROGRAMS SERVICES
AND FINANCING OPTIONS.
WHEREAS, the Town of Westlake Town Council (Board of Aldermen)
established the Texas Student Housing Authority in 1995; and
WHEREAS, the Authority offers housing scholarships in the cities of Austin,
College Station, and Denton to Texas high School graduates as well as current college
student who graduated from a Texas high school; and
WHEREAS, the Town Council has adopted an advisory board policy and in
concert with that policy, wishes to regularly review programs and services of its advisory
boards and instrumentalities, including the TSHA; and
WHEREAS, the Texas Student Housing Board of Directors meet in a joint
workshop with the Council on May 21, 2009, and has since designated two members to
serve as members of the workgroup;
NOW, THEREFORE, BE IT RESOLVED 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 its entirety.
SECTION 2: That the Town Council of the Town of Westlake, Texas does
hereby appoint the following individuals to serve on the Town Council Work Group to
evaluate the programs, services, and financing options for the TSHA projects:
- ___________________ Council Member
- ___________________ Council Member
- George Ledak TSHA Board of Director
- Jac Irvine TSHA Board of Director
- ___________________ Community Member
- ___________________ Community Member
SECTION 3. That this Resolution shall become effective upon the date of its
passage.
Resolution No. 09-30 – June 8, 2009 Page 2 of 2
PASSED AND APPROVED ON THIS 8 DAY OF JUNE 2009.
ATTEST: _____________________________
Laura Wheat, Mayor
____________________________ ______________________________
Kim Sutter, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of June 8, 2009
Date: June 2, 2009
ITEM
Conduct a Public Hearing and consider an Ordinance approving an application for a
specific use permit (SUP-09-01) for a private water well to be located at 1802 High
County Drive in the Vaquero Residential Addition.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
BACKGROUND
The operation of private water wells supports the policy of the Town to provide for an
aesthetic living environment that promotes the development of green spaces, the
preservation of trees, and the maintenance of a rural setting. The extensive landscaping,
tree preservation and mitigation policies of the Town are in fact dependent on the ability
of the development community to maintain the living material in a healthy state. This
requires that an alternative source of water, other than potable water, be utilized.
From a planning perspective the siting of awater well should address land use
considerations such as compatible land uses, adverse performance impacts, and
accessibility. The location of the proposed water well is well inside the limits of the
property. There is ample opportunity to screen the site from adjacent property. In fact,
water wells of this type are normally very low in profile and are usually screened by
natural trees and vegetation.
We do not see the need for dedicated rights-of-way or easements for the access roads;
however the applicant should illustrate how the well will be serviced so as not to interrupt
neighboring property owners.
As the Town considers the application for a Specific Use Permit (”SUP”) for a water
well, it is important that we establish the appropriate standard of review. Specific Use
Permits are generally applied to uses that encompass intensity levels of a type which
require special treatment or location to ensure compatibility with surrounding properties
and uses. As an example, a convenience store with high traffic volumes and significant
outside lighting, should only be allowed adjacent to residential homes when its harmful
elements can be alleviated or compensated for by landscape screening, access
restrictions, low-glare lighting, or the like. Allowing such a use “by right” would not
allow for individual consideration of those factors. Conversely, prohibiting the use
entirely would result in certain necessary uses being located only in areas where the use
is impractical. Matters such as those discussed above constitute the proper standard of
review when considering this SUP application. As is explained below, however,
concerns about the protection of the Town’s underground water supply are not a
permissible basis for the denial of an SUP for a water well.
The State of Texas operates under the rule of capture with respect to both its water and
petroleum resources. That rule can best be summarized by the most definitive Texas
Supreme Court case on the issue of water use when it ruled as follows:
Absent malice or willful waste, landowners have the right to take all the
water they can capture under their land and do with it whatever they
please, and they will not be liable for their neighbors even if in so doing
they deprive their neighbors of the water’s use. Sipriano v. Great Spring
Waters of America, Inc., 1 S.W. 3d 75, 76 (Tex. 1999).
That decision, which makes clear that neither the town nor the courts can regulate the
amount of water taken from wells, is based on the premise that the Texas legislature has
specifically reserved to itself the authority to establish rules regarding groundwater. Id.
At 77. The legislative structure regarding the rule of capture has been in place since
1904. Id. At 78. In light of the existing precedent on this matter, it would be improper
for the Town to take into consideration the potential impact on the underground water
supply when examining the water well SUP application. Instead, the Planning and
Zoning Commission and the Board should limit their review to the compatibility of the
proposed use with surrounding properties and uses.
In summary, the Specific Use Permit application (SUP-09-01) filed by filed by Key
Custom Homes, on behalf of Patrick Barley for 1802 High Country Drive should be
considered based only on any potentially harmful impact its location and placement
might have on adjacent properties and uses, exclusive of any consideration of
groundwater conservation. The Planning and Zoning Commission met on May 28, 2009,
concerning this case and unanimously approved the application for this water well.
FUNDING
N/A
RECOMMENDATION
Staff recommends approval of the SUP-09-01 application for a water well.
ATTACHMENTS
Ordinance No. 627
SUP Application
Location map of subject property
Well head site plan and sketch of screening
TOWN OF WESTLAKE
ORDINANCE NO. 627
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY
GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL, LOCATED AT
1802 HIGH COUNTRY DRIVE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake’s Town Council finds and determines, on the basis of facts
presented on the application for a Specific Use Permit and at the public hearings on same, the
following:
1. That the proposed use is consistent with the existing uses of adjacent and nearby property;
2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent
and nearby property anticipated to be in place upon expiration of the term of the Specific Use
Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in
effect on the date of granting of said permit;
3. That the proposed use will not impair development of adjacent and nearby property in
accordance with said Comprehensive Plan;
4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic
patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's
Comprehensive Plan.
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the
Town of Westlake Town Council, in compliance with the Code of Ordinances of the Town of
Westlake and State Law with reference to the granting of Specific Use Permits under the Zoning
Ordinance and Zoning Map, have given the requisite notices by publication and otherwise, and after
holding hearings and affording a full and fair process to all property owners generally, and to the
persons interested and situated in the affected area and in the vicinity thereof, the Town Council of the
Town of Westlake is of the opinion that said change in zoning use should be made, subject to the
conditions set out herein.
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 Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be,
and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant
a Specific Use Permit, for a private water well, located within the property at 1802 High Country Drive,
owned by Patrick Barley.
SECTION 3: That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the
Town of Westlake as herein amended by the granting of a Specific Use Permit and approval of an
associated location plan for private water well and incorporated herein by reference.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid or
unconstitutional.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
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 8th DAY OF JUNE 2009.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Town Council
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of June 8, 2009
Date: June 2, 2009
ITEM
Conduct a Public Hearing and consider an Ordinance approving an application for a
specific use permit (SUP-09-02) for a private water well to be located at 1806 High
County Drive in the Vaquero Residential Addition.
VISION POINT AND KEY RESULT AREAS
This item supports the following Vision Point and Key Result Areas:
; Inviting Residential & Corporate neighborhoods
o On-going comprehensive planning
o Outstanding community appearance
o Highest quality development and aesthetic standards
o Open space preservation
BACKGROUND
The operation of private water wells supports the policy of the Town to provide for an
aesthetic living environment that promotes the development of green spaces, the
preservation of trees, and the maintenance of a rural setting. The extensive landscaping,
tree preservation and mitigation policies of the Town are in fact dependent on the ability
of the development community to maintain the living material in a healthy state. This
requires that an alternative source of water, other than potable water, be utilized.
From a planning perspective the siting of awater well should address land use
considerations such as compatible land uses, adverse performance impacts, and
accessibility. The location of the proposed water well is well inside the limits of the
property. There is ample opportunity to screen the site from adjacent property. In fact,
water wells of this type are normally very low in profile and are usually screened by
natural trees and vegetation.
We do not see the need for dedicated rights-of-way or easements for the access roads;
however the applicant should illustrate how the well will be serviced so as not to interrupt
neighboring property owners.
As the Town considers the application for a Specific Use Permit (”SUP”) for a water
well, it is important that we establish the appropriate standard of review. Specific Use
Permits are generally applied to uses that encompass intensity levels of a type which
require special treatment or location to ensure compatibility with surrounding properties
and uses. As an example, a convenience store with high traffic volumes and significant
outside lighting, should only be allowed adjacent to residential homes when its harmful
elements can be alleviated or compensated for by landscape screening, access
restrictions, low-glare lighting, or the like. Allowing such a use “by right” would not
allow for individual consideration of those factors. Conversely, prohibiting the use
entirely would result in certain necessary uses being located only in areas where the use
is impractical. Matters such as those discussed above constitute the proper standard of
review when considering this SUP application. As is explained below, however,
concerns about the protection of the Town’s underground water supply are not a
permissible basis for the denial of an SUP for a water well.
The State of Texas operates under the rule of capture with respect to both its water and
petroleum resources. That rule can best be summarized by the most definitive Texas
Supreme Court case on the issue of water use when it ruled as follows:
Absent malice or willful waste, landowners have the right to take all the
water they can capture under their land and do with it whatever they
please, and they will not be liable for their neighbors even if in so doing
they deprive their neighbors of the water’s use. Sipriano v. Great Spring
Waters of America, Inc., 1 S.W. 3d 75, 76 (Tex. 1999).
That decision, which makes clear that neither the town nor the courts can regulate the
amount of water taken from wells, is based on the premise that the Texas legislature has
specifically reserved to itself the authority to establish rules regarding groundwater. Id.
At 77. The legislative structure regarding the rule of capture has been in place since
1904. Id. At 78. In light of the existing precedent on this matter, it would be improper
for the Town to take into consideration the potential impact on the underground water
supply when examining the water well SUP application. Instead, the Planning and
Zoning Commission and the Board should limit their review to the compatibility of the
proposed use with surrounding properties and uses.
In summary, the Specific Use Permit application (SUP-09-02) filed by filed by Key
Custom Homes, on behalf Christopher & Linda Bardasian for 1806 High Country Drive
should be considered based only on any potentially harmful impact its location and
placement might have on adjacent properties and uses, exclusive of any consideration of
groundwater conservation. The Planning and Zoning Commission met on May 28, 2009,
concerning this case and unanimously approved the application for this water well.
FUNDING
N/A
RECOMMENDATION
Staff recommends approval of the SUP-09-02 application for a water well.
ATTACHMENTS
Ordinance No. 628
SUP Application
Location map of subject property
Well head site plan and sketch of screening
TOWN OF WESTLAKE
ORDINANCE NO. 628
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY
GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL, LOCATED AT
1806 HIGH COUNTRY DRIVE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake’s Town Council finds and determines, on the basis of facts
presented on the application for a Specific Use Permit and at the public hearings on same, the
following:
1. That the proposed use is consistent with the existing uses of adjacent and nearby property;
2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent
and nearby property anticipated to be in place upon expiration of the term of the Specific Use
Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in
effect on the date of granting of said permit;
3. That the proposed use will not impair development of adjacent and nearby property in
accordance with said Comprehensive Plan;
4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic
patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's
Comprehensive Plan.
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the
Town of Westlake Town Council, in compliance with the Code of Ordinances of the Town of
Westlake and State Law with reference to the granting of Specific Use Permits under the Zoning
Ordinance and Zoning Map, have given the requisite notices by publication and otherwise, and after
holding hearings and affording a full and fair process to all property owners generally, and to the
persons interested and situated in the affected area and in the vicinity thereof, the Town Council of the
Town of Westlake is of the opinion that said change in zoning use should be made, subject to the
conditions set out herein.
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 Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be,
and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant
a Specific Use Permit, for a private water well, located within the property at 1806 High Country Drive,
owned by Christopher & Linda Bardasian.
SECTION 3: That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the
Town of Westlake as herein amended by the granting of a Specific Use Permit and approval of an
associated location plan for private water well and incorporated herein by reference.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid or
unconstitutional.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
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 8th DAY OF JUNE 2009.
____________________________________
ATTEST: Laura Wheat, Mayor
____________________________________ ____________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________________
L. Stanton Lowry, Town Attorney
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
Town of
Westlake
Item # 10 –
Future Agenda
Items
Council Planning Calendar
Items not scheduled for a specific meeting are listed here (require discussion):
Date Contact Description Format
5/23/08 J. Greenwood Southlake Waterline Proposal Workshop
5/30/08 T. Meyer Cemetery Rules and Regulations Workshop
7/29/08 T. Meyer Park and Rec. Adv. Board Workshop
1/13/09 T. Brymer Deloitte Status Presentation Workshop
June 22, 2009, Meeting (submittal deadline June 11) 2:30 p.m.to 8 p.m. Marriott
Date Contact Description Format
3/15/09 D. Piper Financial Forecast / 5 year Retreat
5/30/09 T. Brymer Survey Results – Chris Tathum Retreat
5/30/09 T. Brymer Strategic Plan Retreat
July 13, 2009, Meeting (submittal deadline July 2) 7 p.m.
Date Contact Description Format
6/1/09 E. Edwards Gas Well Permit (NW quadrants of PD1 – Maguire) Meeting
6/1/09 E. Edwards Water Well SUP Amendment – Ordinance Meeting
6/1/09 E. Edwards Resolution setting fees for Water Well Permits Meeting
6/1/09 E. Edwards Amend Code to add Chapter regarding Water Wells Meeting
6/3/09 Brymer/Piper Presentation of Town’s 5‐year forecast Workshop
3/17/09 K. Sutter Board, Commission and Committee Appointments Meeting
4/20/09 T. Meyer Trail System Update Workshop
5/4/09 T. Brymer Marriott Agreement Meeting
August 10, 2009, Meeting (submittal deadline July 30) 7 p.m.
Date Contact Description Format
6/3/09 Brymer/Piper Present Proposed 09‐10 Municipal Budget Wkshp/mtg?
August 31, 2009, Meeting (submittal deadline August 20) 7 p.m.
Date Contact Description Format
6/3/09 Brymer/Piper Budget workshop – if necessary Workshop
June 2009 4 July 2009 5 August 2009 6
S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa
1 2 3 4 1
1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8
7 8 9 10 11 12 13 12 13 14 15 16 17 18 9 10 11 12 13 14 15
14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22
21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29
30 29 30 30 31
Council Meeting Holiday
Trustees Meeting Election Day
Trustees Meeting First/Last day of School
10. COUNCIL CALENDAR.
- Town Council Mini-Retreat
o June 22, 2009, Marriott Solana, 2:30 p.m. to 8 p.m.
- TML Legislative Wrap-up
o June 26, 2009, Marriott Las Colinas, Irving
- TML Legislative Wrap-up
o June 29, 2009, Austin
- TML Newly Elected City Official Orientation
o July 24-25, 2009, Austin
- TML Newly Elected City Official Orientation
o August 7-8, 2009, Austin
Town of
Westlake
Item # 10 –
Council Calendar
Town of
Westlake
Item # 11 –
Adjournment
Back up material has not
been provided for this item.