Loading...
HomeMy WebLinkAbout11-11-13 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 posted start time. 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 vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL MEETING AGENDA November 11, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM Workshop Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 4 Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE NOVEMBER 11, 2013, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. DISCUSSION ITEMS a. Presentation and discussion regarding the process to establish a Public Improvement District (PID) for the Entrada development and the petition submitted to establish. (30 min) b. Discussion regarding the Vision and Mission statements. (30 min) c. Discussion regarding the proposed 2014 meeting calendar . (10 min) d. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (15 min) 5. 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 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) 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: Trophy Club Municipal District Number 1 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Page 3 of 4 Regular Session 1. CALL TO ORDER 2. 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. 3. 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 October 28, 2013, meeting. b. Consider approval of Resolution 13-35, Appointing a new member to the Texas Student Housing Authority. c. Consider approval of Resolution 13-36, Appointing new members to the Historical Preservation Society. d. Consider approval of Resolution 13-37, Supporting locally enforced motor vehicle idling limitations for the North Central Texas region. 4. 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 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) 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: Trophy Club Municipal District Number 1 5. RECONVENE MEETING 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Page 4 of 4 7. 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. 8. COUNCIL CALENDAR 9. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, November 6, 2013, 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. 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." 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 October 28, 2013, meeting. b. Consider approval of Resolution 13-35, Appointing a new member to the Texas Student Housing Authority. c. Consider approval of Resolution 13-36, Appointing new members to the Historical Preservation Society. d. Consider approval of Resolution 13-37, Supporting locally enforced motor vehicle idling limitations for the North Central Texas region. Town of Westlake Item # 3 – Review of Consent Agenda Items DISCUSSION ITEMS a. Presentation and discussion regarding the process to establish a Public Improvement District (PID) for the Entrada development and the petition submitted to establish. (30 min) b. Discussion regarding the Vision and Mission statements. (30 min) c. Discussion regarding the proposed 2014 meeting calendar. (10 min) d. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (15 min) Town of Westlake Item # 4 – Discussion Items Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, November 11, 2013 TOPIC: Discussion of the Process for Establishing a Public Improvement District (PID) for the Entrada Development , the Petition Submitted to Establish a PID for Entrada, and a Draft Service Assessment Plan for Same. STAFF CONTACTS: Tom Brymer, Town Manager DECISION POINTS Start Date Completion Date Timeframe: October 28, 2013 TBD Funding: Amount - None. Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Financial Stewardship Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Comprehensive Planning and Management of Natural Resources N/A SA 09D1: Ordinances Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY The owner of the development known as Entrada, located at the northeast corner of FM 1938 (Davis Blvd) and Solana Boulevard, has submitted a petition to the Town of Westlake to establish a Public Improvement District (PID) for construction of public infrastructure in this development. Next steps would include discussion of a proposed Service and Assessment Plan (SAP) for this PID as well as a timeline for establishing the PID. ORGANIZATIONAL HISTORY/RECOMMENDATION Previously this property was zoned for office and retail uses. In April of this year, after much public input and meetings, the Town Council, with a unanimous recommendation from the Planning & Zoning Commission, approved a request by the owner to amend the zoning in this PD1-2 zoning district . Also in April of this year, prior to consideration of this zoning change request, the land use plan component of the Town’s Comprehensive Plan was amended to provide for the uses requested in the zoning change request for this property. The amended zoning adds certain residential and entertainment uses in order to allow development of a mixed use P lanned Development on this tract. The zoning ordinance, as amended, is intended to achieve a design that emulates a European style village with a Spanish architectural theme. The development’s name is Entrada. During the re-zoning approval process it was pointed out by Staff, as well as discussed by Council, that if the zoning request was approved, the developer intended to submit to the Town a petition to create a Public Improvement District (PID) to fund the construction of the public infrastructure for this development. Further, in the Economic Development with the developer of Entrada, the Town agreed to consider creating a PID for this purpose. This Economic Development Agreement also was approved by the Town Council in April of this year. This agenda item is intended to continue discussion begun at the Council’s October 28, 2013 Workshop regarding this PID. The Staff has asked for a draft SAP to be furnished to them prior to this workshop for Staff review and comment. If the Council wishes to move forward on establishing a PID, a specific timeline for establishing the PID will need to be set for this as well. With the Development Plan for Entrada now approved by the Town Council, the developer is ready to move forward on establishment of a PID for this property. ATTACHMENTS 1. Typical Sequence of Events for PID Formation 2. PID Petition 10-18-13 for Entrada ILS LLJ 14J ILA UU i" " " M " 6W W WW WW dd M dd 0 0 0 Typical Sequence of Events for PID Formation PETITION INITIATED PID j 1. Staff "global" review to 1. 50% Landowners Legislative body commences determine City/Issuer benefit 2. Payment of pre-formation proceedings Z. Preliminary legal/financial costs overview to approve steps proceed PUBLIC FEARING 1. Detailed staff & consultant City approving PID formation analysis of PID Optional: Levy PID assessment 1. Initiate construction or Preparation of Service & and approve bond sale acquisition Assessment Plan ("SAP") j 2. Commence activities to Prepare PID formation & SUBSEQUENT ACTIONS administer debt, levy and optionally bond financing 1. Close Bond Issue collect special taxes and documents comply with continuing 2. Record and Levy PID Publish notice of PID ' assessment disclosure requirement ormation hearing 3. Commence Construction Jefferies Jefferies LLC/August 2013 Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, November 11, 2013 TOPIC: Presentation and Discussion of the Draft Vision Statement, Final Versions of the Values and Mission Statements, and the Tier One Strategy Map STAFF CONTACT: Tom Brymer, Town Manager Amanda DeGan, Assistant Town Manager DECISION POINTS Start Date Completion Date Timeframe: November 11, 2013 May 31, 2014 Funding: Amount - 0 Status- Funded Source - N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Customer Focus CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 3 EXECUTIVE SUMMARY At our May 31, 2013 strategic planning retreat, we reviewed our mission, vision, and values statements, along with the Balanced Scorecard (BSC) system. The BSC framework is designed to serve as a communication tool throughout the organization/community, and works to align our daily work activities and efforts of the staff. As a result of the meeting in May, the strategic statements were reworked and presented to the Council at the September 16, 2013 workshop. Staff recommended the use of an abbreviated ‘tag line’ for municipal services, along with a comprehensive mission statement that explains, “who we are, what we are about, and our purpose.” The newer versions create a more succinct, statement that identifies our unique service provision programs, describes our commitment to personal customer service, and outlines the financial stewardship component which is important to our community and are shown below: Approved Mission Statement: To provide the residents and businesses of Westlake with superior municipal and academic services, while ensuring that we are accessible, efficient, cost-effective, and transparent. Approved Tag Line: “Providing exceptional services for an exceptional quality of life.” The Staff was also given direction to work on a draft vision statement based on Council feedback from the May strategic retreat . The municipal Leadership Team reviewed our previous vision statements and drafted the proposed hybrid shown here: Draft Vision Statement: An oasis of natural beauty and high quality planning amidst an ever expanding urban landscape. Staff reviewed the information provided by our consultant, Gail Perry, with the Balanced Scorecard Institute as it relates to vision statements, in describing our “picture of the future…that is brief, easy to understand, is emotionally inspiring and recommended to be one sentence in length.” The value statements were updated as follows: • Innovation • Educational Leaders • Family Friendly and Welcoming • Informed Engaged Citizens / Sense of Community • Preservation of Our Natural Beauty • Strong Aesthetic Standards • Transparent / Integrity-driven Government • Fiscal Responsibility • Planned / Responsible Development Page 3 of 3 The second component of our strategic discussion, involved the creation of strategy maps for each theme in our organization. If you will recall, our themes are the pillars that drive our strategy and help us stay focused on achieving our vision. For each of these areas, the entire municipal staff team presented what were labeled as ‘theme team maps’ during your workshop in September. These maps were created at a two-day retreat, facilitated by Gail Perry, and strategic objectives were identified for each theme that supports the overall direction/desired outcome of the pillar. The theme headings and general concepts are shown below: • Natural Oasis One-of-a-kind community; pastoral; high quality of life; family friendly and welcoming; maintain our small town feel; retreat/escape; open view spaces & trails, etc. • High Quality Planning, Planned/responsible development; thoughtful approach; Design, and Development high standards; high quality/livability; entitlements, etc. • Westlake Academy Exemplary education; quality school with accessible administrators; academy staff turn-over; funding, etc. • Exemplary Service Fiscal responsibility; low property tax rate; transparency; and Governance integrity; accessibility; service excellence, etc. From the four theme team maps, the municipal Leadership Team met and combined the objectives into what is termed a Tier One Strategy Map. The Tier One Map (in its final form) is designed to represent our entire organization, communicate our vision, mission, and values statements, contain performance measures and outline our strategic initiatives. We are including the portion of the map that displays the objectives and indicates the links within our strategy. The next step will be to meet with Gail Perry for another two -day retreat, develop the performance measures and identify initiatives necessary to achieve the objectives. We are asking Council to review the draft vision statement, discuss the value statements, review the first draft of the Tier One Strategy Map, and provide Staff with any relevant feedback on the process – in order to conduct our final retreat with Ms. Perry. ORGANIZATIONAL HISTORY/RECOMMENDATION Review of draft vision and value statements; Review of Tier One Strategy Map ATTACHMENTS - Mission Statement / Tag Line - Draft Vision and Values Statement - Tier One Strategy Map (Partial) Westlake Mission Statement 1 Mission: To provide the residents and businesses of Westlake with superior municipal and academic services, while ensuring that we are accessible, efficient, cost-effective, and transparent. Tag Line: “Providing exceptional services for an exceptional quality of life.” Westlake Vision Statement - DRAFT 2 An oasis of natural beauty and high quality planning amidst an ever expanding urban landscape. Westlake Value Statements - DRAFT 3 •Innovation •Educational Leaders •Family Friendly & Welcoming •Informed Engaged Citizens / Sense of Community •Preservation of our Natural Beauty •Strong Aesthetic Standards •Transparent / Integrity-driven Government •Fiscal Responsibility •Planned / Responsible Development Theme Team Map - Natural Oasis Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Increase Employee Education Enhance Tax Base Improve Urban Planning Capacity Improve Community’s Environmental Stewardship & Awareness Encourage Development that Promotes Westlake Unique Sense of Place Preserve & Maintain Quality of Life Client Logo Theme Team Map Exemplary Education – Westlake Academy Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Improve Knowledge Skills & Abilities of WA Staff Increase Access to Funding Improve Stakeholder Satisfaction Increase Teacher Satisfaction Improve Communications Strengthen Student Performance Optimize Student Potential Client Logo Improve Recruitment Increase Student Competiveness (College) Improve School Image Theme Team Map High Quality Planning, Design & Development Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Recruit & Retain the Highest Quality Workforce Increase Financial Capacity / Reserves & Revenue Streams Enhance Technology & Resources Maximize Efficiencies & Quality thru Innovation Increase Communication & Understanding of Standards to Community Client Logo Increase Awareness of Existing Ordinances, Standards & Quality for Staff Preserve Desirability & Improve CSS Satisfaction Theme Team Map Exemplary Service & Governance Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Improve Technology, Facilities & Equipment Improve Fiscal Responsibility Increase CSS Engagement Improve Knowledge & Skills Increase Accessibility of Government Improve Service Delivery Increase CSS Satisfaction Client Logo Tier One Strategy Map - Town of Westlake Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Recruit & Retain the Highest Quality Workforce Increase Financial Capacity / Reserves Improve CSS Engagement Improve Knowledge & Skills Increase Transparency, Accessibility & Communications Maximize Efficiencies & Effectiveness Increase CSS Satisfaction Client Logo Improve Technology, Facilities & Equipment Improve Urban Planning Capacity Encourage Westlake’s Unique Sense of Place Preserve Desirability & Quality of Life Increase Revenue Streams Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 11, 2013 TOPIC: Discussion regarding the proposed 2014 meeting calendar. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: November 11, 2013 December 9, 2013 Funding: Amount - $0.00 Status- Funded Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY From time to time, the Council/BOT 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. Several factors have been taken into consideration as staff prepared the 2014 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 are normally 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 with exceptions of budget workshops or off- site meeting retreats. ORGANIZATIONAL HISTORY/RECOMMENDATION Make any necessary revisio ns to the proposed 2014 meeting calendar. ATTACHMENTS Calendar Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, November 11, 2013 TOPIC: Discussion regarding the proposed 2014 meeting calendar. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: November 11, 2013 December 9, 2013 Funding: Amount - $0.00 Status- Funded Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY From time to time, the Council/BOT 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. Several factors have been taken into consideration as staff prepared the 2014 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 are normally 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 with exceptions of budget workshops or off- site meeting retreats. ORGANIZATIONAL HISTORY/RECOMMENDATION Make any necessary revisio ns to the proposed 2014 meeting calendar. ATTACHMENTS Calendar January 2014 1 February 2014 2 March 2014 3 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 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 03/10-03/14 Spring Break 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31 April 2014 4 May 2014 5 June 2014 6 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 05/10 Election Day 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 05/15 Canvass if necessary 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 05/19 BOT Budget Wkshp 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 05/21 TC/BOT orientation (if necessary) 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 05/30 TC Planning Retreat 27 28 29 30 25 26 27 28 29 30 31 29 30 06/05 Last Day of School 06/07 Senior Commencement July 2014 7 August 2014 8 September 2014 9 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 5 1 2 1 2 3 4 5 6 08/08 TC Budget Wkshp 12-5:00 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 09/03 & 09/10 TC if necessary (tax) 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 09/15 PZ if necessary (short turn-around) 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 09/14-09/17 ICMA 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 October 2014 10 November 2014 11 December 2014 12 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 09/30-10/03 TML 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 28 29 30 31 30 School Board School & Town Holiday Budget / Meeting Retreats Town Council School Holiday Town Holiday New Council/BOT Election Day /First/Last Day Orientation Special Meeting to of School Planning & Zoning Canvass Returns Meetings Meeting Schedule Town of Westlake Standing agenda item during the construction project d. Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (10 min) Town of Westlake Item # 4d – No Supporting documentation 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 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) 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: Trophy Club Municipal District Number 1 Town of Westlake Item # 5 – Executive Session Town of Westlake Item # 6 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement off ers, 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: Trophy Club Municipal District Number 1 Town of Westlake Item # 7 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #8 Council Recap / Staff Direction Town of Westlake Item # 9 – Workshop Adjournment Back up material has not been provided for this item. 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 # 2 – Citizen’s Presentations and recognitions a. Consider approval of the minutes from the October 28, 2013, meeting. b. Consider approval of Resolution 13-35, Appointing a new member to the Texas Student Housing Authority. c. Consider approval of Resolution 13-36, Appointing new members to the Historical Preservation Society. d. Consider approval of Resolution 13-37, Supporting locally enforced motor vehicle idling limitations for the North Central Texas region. Town of Westlake Item # 3 – Discussion of Consent items Town Council Minutes 10/2813 Page 1 of 9 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING October 28, 2013 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol Langdon, Wayne Stoltenberg and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Stan Lowry, Finance Director Debbie Piper, Assistant to the Town Manager Ben Nibarger, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Fire Chief Richard Whitten, Director of Public Works Jarrod Greenwood, Communications & Community Affairs Director Ginger Awtry, Public Works Director Jarrod Greenwood, and Information Technology Director Jason Power. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:19 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE OCTOBER 28, 2013, TOWN COUNCIL REGULAR MEETING AGENDA. Town Manager Brymer provided an overview of Phase 3 regarding the landscaping plan for FM 1938. Town Council Minutes 10/28/13 Page 2 of 9 Discussion ensued regarding the contract guarantee and landscaping along the Granada subdivision. 4. DISCUSSION ITEMS a. Discussion regarding an ordinance authorizing the issuance of general obligation refunding bonds; establishing procedures for the sale and delivery of the bonds; providing for the security for and payment of said bonds; providing an effective date; and enacting other provisions related to the subject to include “Delegated Pricing”. Finance Director Piper, Mr. Lawrence, and Mr. Grawunder, provided an overview of the refunding and delegated pricing process. Discussion ensued regarding average interest rate. b. Presentation and discussion regarding the process to establish a Public Improvement District (PID) for the Entrada development and the petition submitted to establish. Town Manager Brymer provided an overview of the item. Mr. Matthew Challis, Jeffries L.L.C., and Mr. Kirk Wilson, T. Wilson & Associates, provided a presentation and overview of the PID process. Discussion ensued regarding the Town’s involvement establishing the PID, collection methods, town and legal counsel expenditures, annual supplemental assessments, managing administrative costs, appraisals of the land including the improvements, reporting for bond disclosure, assessment billing by the County, the ownership of infrastructure and assets, the calculation process of the levy, and assessment disclosures provided to the property owners. Town Manager Brymer recommended that the Council serve as an advisory board to the Public Improvement District. He also stated that Staff would need to review the Special Assessment Plan (SAP) prior to moving forward to establish the PID. Additional discussion ensued regarding the collection of delinquent accounts, process to foreclose, and uses of the reserve funds. Mr. Trent Petty an overview of the process to foreclose and the uses of reserve funds, continuous special assessments, the use of the PID funds for public improvements, and the necessity of a PID to develop the property. Town Council Minutes 10/28/13 Page 3 of 9 Town Manager Brymer stated Staff should review and analyze the Service and Assessment Plan (SAP) and continue discussions during the November 11, 2013, work session. c. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. Director Meyer provided an overview and update of the pr oject and student engagement on the project. d. Continued discussion, from the September 16, 2013 meeting, regarding appointments for Comprehensive Plan steering committee. No discussion. 5. EXECUTIVE SESSION Council convened into executive session did not convene into 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(2) 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: Westlake Academy Facility Expansion b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) 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: Trophy Club Municipal District Number 1 d. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. 6. RECONVENE MEETING Town Council Minutes 10/28/13 Page 4 of 9 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. COUNCIL RECAP / STAFF DIRECTION Staff review of the Service and Assessment Plan (SAP) proposed for the Entrada Public Improvement District (PID). 9. ADJOURNMENT Mayor Wheat adjourned the work session at 6:59 p.m. Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 7:33 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: Mayor Wheat read a proclamation recognizing November 4 - November 8, 2013, as Municipal Court Week and thanked the court staff for their service to the Town. 3. CONSENT AGENDA a. Consider approval of the minutes from the September 9, 2013, meeting. b. Consider approval of the minutes from the September 16, 2013, meeting. c. Consider approval of the minutes from the October 7, 2013, meeting. d. Consider approval of Ordinance 716, Atmos Energy Corp., Mid-Tex Division regarding the company’s 2013 Annual Rate Review Mechanism filing. e. Consider approval of Ordinance 717, Amending the Town of Westlake Code Of Ordinances, Chapter 38, Article II, Fire Prevention, Section 38-31; Adoption of the 2012 Fire Code. f. Consider approval of Resolution 13-29, Approving TxDot Change Order 3. g. Consider approval of Resolution 13-30, Awarding the Bid to C. Green Scaping, LP for the FM 1938 Phase 3 Streetscape enhancement project. h. Consider approval of Resolution 13-31, Appointments of Comprehensive Plan steering committee members. i. Consideration approval of Ordinance 718, Authorizing the issuance of general obligation refunding bonds; establishing procedures for the sale and delivery of Town Council Minutes 10/28/13 Page 5 of 9 the bonds; providing for the security for and payment of said bonds; providing an effective date; and enacting other provisions related to the subject to include “Delegated Pricing”. MOTION: Council Member Stoltenberg made a motion to approve items a-g and i consent agenda. Council Member Cox seconded the motion. The motion carried by a vote of 5-0. 4. PUBLIC HEARING AND CONSIDERATION REGARDING ORDINANCE 719 REZONING FROM R-1 TO PD5, RUTH BAKER SURVEY – A 108 TRACTS 1C1B6D, 1C1B6F1, AND 1C01B6F. THE THREE (3) TRACTS CURRENTLY MAKE UP TWO LOTS IN THE STAGECOACH HILLS SUBDIVISION, COMMONLY KNOWN AS 5944 AND 5960 STAGECOACH CIRCLE. Director Edwards provided an overview of the zoning request and provided a revised copy of the zoning ordinance. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 719. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 5. PUBLIC HEARING AND CONSIDERATION REGARDING ORDINANCE 720, AMENDING THE ZONING BY APPROVING A DEVELOPMENT PLAN FOR PD1-2, KNOWN AS ENTRADA, AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. Mr. Jeff Blackard provided a presentation and overview of the proposed development. Director Edwards provided an overview of the subsequent process prior to the approval of the proposed development plan. Town Manager Brymer provided a presentation and overview of the proposed Development Plan. Discussion ensued regarding the drainage, water storage for irrigation, and lighting requirements. Town Council Minutes 10/28/13 Page 6 of 9 Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 720 including the conditions as recommended by the Planning and Zoning Commission. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. 6. PUBLIC HEARING AND CONSIDERATION REGARDING RESOLUTION 13-32, APPROVING A PRELIMINARY PLAT OF ALL LAND CONTAINED WITHIN THE PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2) ZONING DISTRICT. THE SUBJECT PROPERTY IS AN 85 ACRE (APPROX.) TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD, EXTENDING NORTH TO STATE HWY 114. Director Edwards provided a presentation and overview of the proposed preliminary plat. Discussion ensued regarding the maintenance of the infrastructure, and trash collection within the development. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Barrett made a motion to approve Resolution 13- 32, including the conditions as recommended by the Planning and Zoning Commission. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 10/28/13 Page 7 of 9 7. PUBLIC HEARING AND CONSIDERATION REGARDING ORDINANCE 721, APPROVING A SITE PLAN FOR AN APPROXIMATELY ½ ACRE TRACT OF LAND CONTAINED WITHIN THE PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2) ZONING DISTRICT. THE SUBJECT PROPERTY IS NOT PLATTED BUT IS THE SOUTHWESTERN MOST CORNER OF LOT 1, BLK A, OF THE ENTRADA SUBDIVISION, AS SHOWN ON THE PRELIMINARY PLAT. Director Edwards provided a presentation and overview of the proposed site plan. Discussion ensued regarding the articulation of the proposed sale center, and the building set back from FM 1938 Davis Boulevard. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 721, including the conditions as recommended by the Planning and Zoning Commission, artist rendering, building articulation drawings, and Planning Engineer’s recommendation. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 8. CONSIDER APPROVAL OF RESOLUTION 13-33, REGARDING DEED RESTRICTIONS, INCLUDING DESIGN GUIDELINES AS WELL AS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICIONS FOR GRANADA, A RESIDENTIAL DEVELOPMENT Town Manager Brymer provided an overview of the item. Mr. Jack Dawson, Centurion American, provided an overview of the covenants, conditions and restrictions as proposed. Discussion ensued regarding the custom builders of the subdivision. MOTION: Council Member Cox made a motion to approve Resolution 13-33. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 10/28/13 Page 8 of 9 9. EXECUTIVE SESSION Council convened into executive session at 8:50 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071(2) 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: Westlake Academy Facility Expansion b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) 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: Trophy Club Municipal District Number 1 d. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. 10. RECONVENE MEETING Mayor Wheat reconvened the meeting at 10:04 p.m. 11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Stoltenberg made a motion to approve Resolution 13-34, Approving a Development Agreement with Maguire Partners, L.P. related to the Entrada development. Council Member Cox seconded the motion. The motion carried by a vote of 5-0. MOTION: Council Member Stoltenberg made a motion to approve item h of the consent agenda adding members Don Redding, Pete Sackleh, Allan Thompson, Laura Wheat, and Jeff Williams. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 12. FUTURE AGENDA ITEMS - None Town Council Minutes 10/28/13 Page 9 of 9 13. COUNCIL CALENDAR 14. 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 10:15 p.m. APPROVED BY THE TOWN COUNCIL ON NOVEMBER 11, 2013. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 11, 2013 TOPIC: Consider approval of Resolution Appointing a new member to the Texas Student Housing Authority. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: October 30, 2013 November 11, 2013 Funding: Amount - $ Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Currently TSHA has two (2) vacant seats. Ms. Elizabeth (Liz) Garvin submitted an application and met with Executive Director Ehrenberg. After their meeting Executive Director recommended her to TSHA President Carter for appointment to the board. ORGANIZATIONAL HISTORY/RECOMMENDATION Appoint Ms. Garvin to the Texas Student Housing Authority. ATTACHMENTS Application and Resolution Resolution 13-35 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 13-35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE TEXAS STUDENT HOUSING AUTHORITY. WHEREAS, Currently, a vacancy exist on the Texas Student Housing Authority; 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 Texas Student Housing Authority for the term noted below: Elizabeth (Liz) Garvin - term expiring June 2015. 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 13-35 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF OCTOBER 2013. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 11, 2013 TOPIC: Consider approval of Resolution appointing two new member s to the Westlake Historical Preservation Society Board. STAFF CONTACT: Ginger Awtry, WHPS Town Liaison DECISION POINTS Start Date Completion Date Timeframe: November 4, 2013 November 11, 2013 Funding: Amount - $ Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Currently WHPS has seven (7) vacant seats on their board. Mr. Jon White and Mrs. Paula Thornton submitted an application and ha ve previously met with Past President Bert Schultz and current President Stephen Thornton regarding the duties of a board member. While the addition of Mr. White and Mrs. Thornton will br ing the current number of WHPS board members to 4, it will still not constitute a quorum for meetings with a nine (9) member board. However, it is recommended to appoint these two additional members now so that WHPS President and current members can progress in their recruiting efforts for appropriate board members. Additionally, recent town-wide efforts have been made via Westlake Wire email blasts, mailed postcards, and article in the Simply Westlake magazine asking all interested Westlake citizens to serve on various boards and committees within the town of Westlake. ORGANIZATIONAL HISTORY/RECOMMENDATION Appoint Mr. Jon White, as a second Trophy Club representative, and Mrs. Paula Thornton to serve on the Board for the Westlake Historical Preservat ion Society. Mr. White’s term will expire in June 2015 and Mrs. Thornton’s term will expire in June 2016. ATTACHMENTS Applications and Resolution Resolution 13-36 Page 1 of 1 TOWN OF WESTLAKE RESOLUTION NO. 13-36 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE WESTLAKE HISTORICAL PRESERVATION SOCIETY BOARD. WHEREAS, Currently, seven (7) vacancies exist on the Westlake Historical Preservation Society board; and WHEREAS, the Town Council has received two applications 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: Jon White – term expiring June 2015 Paula Thornton – term expiring June 2016 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: Tha t this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF OCTOBER 2013. _________________________________ 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 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 11, 2013 TOPIC: Consider approval of a resolution supporting locally enforced motor vehicle idling limitations for the North Central Texas region STAFF CONTACT: Eddie Edwards, Director of Planning & Zoning DECISION POINTS Start Date Completion Date Timeframe: November 11, 2013 Ongoing Funding: Amount - 0 Status- Funded Source - N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Customer Focus CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY The proposed resolution is a renewal of our agreement with the Texas Commission on Environmental Quality (TCEQ) supporting the locally enforced motor vehicle idling limitations in north central Texas. The DFW area has been federally designated as a nonattainment area for air quality and ozone standard violations that impact the public/economic health. As a local government entity, we retain the ability to provide for the enforcement of the idling restrictions and are recommending the Memorandum of Understanding with the TCEQ. ORGANIZATIONAL HISTORY/RECOMMENDATION 0T ATTACHMENTS - Resolution 13-31 Resolution 13-37 Page 1 of 6 TOWN OF WESTLAKE RESOLUTION 13-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, RENEWING THE MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, SUPPORTING LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS IN NORTH CENTRAL TEXAS AS OUTLINED BY THE REGIONAL TRANSPORTATION COUNCIL AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE TEXAS ENVIRONMENTAL QUALITY COMMISSION FOR ENFORCEMENT OF SAID LIMITATIONS. WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public and economic health of the entire region; and, WHEREAS, Locally Enforced Idling Restriction is a Voluntary Mobile Source Emission Reduction Program commitment in the Dallas-Fort Worth Eight-Hour Ozone Attainment Demonstration State Implementation Plan (SIP); and, WHEREAS, the Regional Transportation Council has no regulatory authority to enforce idling restrictions; and recognizes that local governments have such authority upon entering into a Memorandum of Agreement (MOA) with the Texas Commission on Environmental Quality (TCEQ). BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The Regional Transportation Council endorses the TCEQ Idling Limitations Rule as published in the Texas Administrative Code, Chapter 114, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations. SECTION 2: The Regional Transportation Council encourages local government adoption of the TCEQ Idling Limitations Rule by reference, and supports creation of a North Resolution 13-37 Page 2 of 6 Texas MOA to be entered into by local governments for the purpose of enforcement (Exhibit “A”). SECTION 3: The Regional Transportation Council commits to provide local governments assistance with development of applicable enforcement and education programs; SECTION 4: The Regional Transportation Council may consider compliance with this resolution when considering future Regional Transportation Council funding action. SECTION 5: This resolution will be transmitted to all local governments in the nine- county ozone nonattainment area; SECTION 6: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER, 2013. ___________________________________ ATTEST: Laura Wheat , Mayor ________________________________ ___________________________________ Kelly Edwards, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Resolution 13-37 Page 3 of 6 Exhibit “A” Resolution 13-37 Page 4 of 6 Resolution 13-37 Page 5 of 6 Resolution 13-37 Page 6 of 6 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 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) 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: Trophy Club Municipal District Number 1 Town of Westlake Item # 4 – Executive Session Town of Westlake Item # 5 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the is Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. b. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement off ers, 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: Trophy Club Municipal District Number 1 Town of Westlake Item # 6 – 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 #7 - Future Agenda Items COUNCIL CALENDAR  Glenwyck Farms Neighborhood Town Meeting November 12, 2013; 7:00 pm Home of Paul & Kerin Beauchamp  Board of Trustees Meeting November 14, 2013  Grandparents and Special Friends Day, PYP November 22, 2013, 8:30 – 11:00 a.m., Dining Hall  Westlake Academy Fall Break November 25-29, 2013  Town Offices Closed; in observance of Thanksgiving November 28-29, 2013  Board of Trustees Meeting December 2, 2013  Westlake Community Tree Lighting December 5, 2013; 6-8:00 pm WA Campus – Town Green (east of Gym)  Westlake Employee Award & Christmas Dinner December 6, 2013; 6:30 pm Ft. Worth Stockyards-Billy Bob’s Club 81 Banquet Hall  Town Council Meeting December 9, 2013  Westlake Academy Winter Break December 23, 2013 - January 6, 2014  Town Offices Closed; in observance of Christmas December 24-25, 2013  Town Offices Closed; in observance of New Year’s Day January 1, 2014 Town of Westlake Item # 8 – Council Calendar COUNCIL CALENDAR  Glenwyck Farms Neighborhood Town Meeting November 12, 2013; 7:00 pm Home of Paul & Kerin Beauchamp  Board of Trustees Meeting November 14, 2013  Grandparents and Special Friends Day, PYP November 22, 2013, 8:30 – 11:00 a.m., Dining Hall  Westlake Academy Fall Break November 25-29, 2013  Town Offices Closed; in observance of Thanksgiving November 28-29, 2013  Board of Trustees Meeting December 2, 2013  Westlake Community Tree Lighting December 5, 2013; 6-8:00 pm WA Campus – Town Green (east of Gym)  Westlake Employee Award & Christmas Dinner December 6, 2013; 6:30 pm Ft. Worth Stockyards-Billy Bob’s Club 81 Banquet Hall  Town Council Meeting December 9, 2013  Westlake Academy Winter Break December 23, 2013 - January 6, 2014  Town Offices Closed; in observance of Christmas December 24-25, 2013  Town Offices Closed; in observance of New Year’s Day January 1, 2014 Town of Westlake Item # 13 – Council Calendar Town of Westlake Item # 9 – Adjournment Back up material has not been provided for this item.