HomeMy WebLinkAbout09-26-11 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the 7:00 p.m. posted start time.
Page 1 of 4
TOWN OF WESTLAKE, TEXAS
Mission Statement
On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community
that blends our rural atmosphere with our rich culture and urban location.
Westlake, Texas – A Premier Knowledge Based Community
TOWN COUNCIL MEETING
AGENDA
September 26, 2011
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS / MUNICIPAL COURTROOM
Workshop Session: 5:00 p.m.
Regular Session 7:00 p.m.
Workshop Session
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
Page 2 of 4
3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM SEPTEMBER 26,
2011, REGULAR MEETING. (25 min)
4. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will no presentations associated with the report items) There will be no separate discussion unless a
Board Member requests that report be removed and considered separately.
a. Report regarding traffic counts on Dove and Ottinger Roads.
5. DISCUSSION ITEMS
a. Discussion regarding Proposed Parkland Dedication and Fee Ordinance. (15 min)
b. Discussion and construction update regarding FM 1938. (30 min)
c. Discussion and overview of SB 100 regarding elections. (15 min)
6. COUNCIL RECAP / STAFF DIRECTION
7. ADJOURNMENT
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 meeting held on August 15, 2011.
b. Consider approval of the minutes from the meeting held on August 29, 2011.
c. Consider approval of the minutes from the meeting held on September 12, 2011.
d. Consider approval of Resolution 11-27, Appointing a member to the Westlake
Academy Foundation Board.
e. Consider approval of Resolution 11-28, Authorizing the Town Manager to
negotiate and enter into an agreement with Level 3 Communications, LLC, for the
use of the Town’s telecommunication ductbank.
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f. Consider approval of Ordinance 667, Amending the Code of Ordinances,
Chapter 98, Vegetation, Article II, Division 2, Preservation, Section 98-48, Tree
Replacement Requirements.
4. 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.
5. COUNCIL CALENDAR
- Town Offices Closed
September 5, 2011
- Town Council Meeting
September 12, 2011
- Texas Municipal League
October 11-14, 2011, Houston
- Westlake Baja at Vaquero
October 11, 2011, 5:00 p.m.
- Westlake Vintage Care Show hosted by WHPS
October 29, 2011, 11:00-4:00, Solana Club parking lot
- Monster Mash hosted by WA HOC
October 29, 2011, 5:00-8:00 pm.
Page 4 of 4
6. 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,
September 21, 2011, 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 meeting held on August 15, 2011.
b. Consider approval of the minutes from the meeting held on August 29, 2011.
c. Consider approval of the minutes from the meeting held on September 12, 2011.
d. Consider approval of Resolution 11-27, Appointing a member to the Westlake
Academy Foundation Board.
e. Consider approval of Resolution 11-28, Authorizing the Town Manager to
negotiate and enter into an agreement with Level 3 Communications, LLC, for the
use of the Town’s telecommunication ductbank.
f. Consider approval of Ordinance 667, Amending the Code of Ordinances, Chapter
98, Vegetation, Article II, Division 2, Preservation, Section 98-48, Tree Replacement
Requirements.
Town of
Westlake
Item # 3 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate
discussion unless a Board Member requests that report be removed and considered
separately.
a. Report regarding traffic counts on Dove and Ottinger Roads.
Town of
Westlake
Item # 4 –
Reports
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TOWN COUNCIL AGENDA ITEM
Department: Public Works Meeting Date: September 26, 2011
Staff Contact: Jarrod Greenwood Report
Public Works Director
Subject: A report of traffic counts on Dove and Ottinger Roads
EXECUTIVE SUMMARY
At the direction of Council, staff acquired eight traffic counters to begin collecting important
information related to the use of Westlake roads. The counters are capable of recording the
number of vehicles, speed, time, as well as classifying the vehicles by size. The term “bin” used
in the report summaries means the speed and vehicle length categories.
The first traffic study was conducted from April 26, 2011 through May 3, 2011 on Dove and
Ottinger Roads.
The Ottinger Road reports indicate approximately 900 vehicles per day use Ottinger Road, with
passenger vehicles/pickups accounting for roughly 95% of all traffic. Approximately 23% of the
traffic on Ottinger Road is traveling faster than 40 mph (26% northbound, 20% southbound).
The Dove Road reports indicate approximately 1,100 vehicles per day use Dove Road (2900
Blk), west of Pearson Lane, with passenger vehicles/pickups accounting for roughly 97% of all
traffic. Approximately 20% of the traffic on this section of Dove Road is traveling faster than 40
mph (16% eastbound, 24% westbound).
Approximately 2,000 vehicles per day use Dove Road (2600 Blk), east of Pearson Lane, with
passenger vehicles/pickups accounting for roughly 95% of all traffic. Approximately 27% of all
traffic on this section of Dove Road is traveling faster than 40 mph (17% eastbound, 36%
westbound).
It is important to note that the posted speed on all of the above mentioned roadways is 30 mph.
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
Page 2 of 2
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
ATTACHMENTS
Traffic Study Summaries
Traffic Study Map
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Street: 2600 Blk Dove Road
City: Westlake
Computer Generated Summary Report
Nu-Metrics Traffic Analyzer Study
A study of vehicle traffic was conducted with HI-STAR unit number 1172. The study was done in the
Eastbound lane at 2600 Blk Dove Road in Westlake, TX in Tarrant county. The study began on
Apr/26/2011 at 05:00:00 PM and concluded on May/03/2011 at 12:30:00 PM, lasting a total of 163.50
hours. Traffic statistics were recorded in 15 minute time periods. The total recorded volume showed 14496
vehicles passed through the location with a peak volume of 256 on Apr/27/2011 at [07:45-08:00] and a
minimum volume of 0 on Apr/26/2011 at [22:45-23:00]. The AADT count for this study was 2,128.
Chart 1 lists the values of the speed bins and the total traffic volume for each bin. At least half the vehicles
were traveling in the 35 - 40 MPH range or lower. The average speed for all classifed vehicles was 36
MPH with 59.91% vehicles exceeding the posted speed of 30 MPH. The HI-STAR found 0.10 percent of
the total vehicles were traveling in excess of 55 MPH. The mode speed for this traffic study was 35MPH
and the 85th percentile was 40.79 MPH.
SPEED
<10 15 20 25 30 35 40 45 50 55 60 65 70 75
9 14 19 24 29 34 39 44 49 54 59 64 69 74 >
CHART 1
0 5 19 57 891 4812 6165 1992 385 70 16 10 4 0 1
to to to to to to to to to to to to to to to
Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin.
Problem with the battery detected. Try discharging and fully charging it
CLASSIFICATION
Most of the vehicles classified during the study were Passenger Vehicles. The number of Passenger
Vehicles in the study was 8104 which represents 56 percent of the total classified vehicles. The number of
Vans & Pickups in the study was 5651 which represents 39 percent of the total classified vehicles. The
number of Busses & Trucks in the study was 493 which represents 3 percent of the total classified
vehicles. The number of Tractor Tailers in the study was 179 which represents 1 percent of the total
classified vehicles.
<18 24 28 32 44 62
17 23 27 31 37 43 61 >
38
CHART 2
8104 5651 393 100 77 51 36 15
to to to to to to to to
During the peak traffic period, on Apr/27/2011 at [07:45-08:00] the average headway between vehicles
was 3.502 seconds. During the slowest traffic period, on Apr/26/2011 at [22:45-23:00] the average
headway between vehicles was 900 seconds.
HEADWAY
WEATHER
The roadway surface temperature over the period of the study varied between 33.00 and 125.00 degrees F.
Page:Sep/16/2011 04:35:59 PM 1
Street: 2600 Blk Dove Road
City: Westlake
Computer Generated Summary Report
Nu-Metrics Traffic Analyzer Study
A study of vehicle traffic was conducted with HI-STAR unit number 0822. The study was done in the
Westtbound lane at 2600 Blk Dove Road in Westlake, TX in Tarrant county. The study began on
Apr/26/2011 at 05:00:00 PM and concluded on May/03/2011 at 12:30:00 PM, lasting a total of 163.50
hours. Traffic statistics were recorded in 15 minute time periods. The total recorded volume showed 13768
vehicles passed through the location with a peak volume of 180 on Apr/26/2011 at [17:45-18:00] and a
minimum volume of 0 on May/01/2011 at [23:15-23:30]. The AADT count for this study was 2,021.
Chart 1 lists the values of the speed bins and the total traffic volume for each bin. At least half the vehicles
were traveling in the 35 - 40 MPH range or lower. The average speed for all classifed vehicles was 39
MPH with 74.25% vehicles exceeding the posted speed of 30 MPH. The HI-STAR found 0.36 percent of
the total vehicles were traveling in excess of 55 MPH. The mode speed for this traffic study was 35MPH
and the 85th percentile was 44.44 MPH.
SPEED
<10 15 20 25 30 35 40 45 50 55 60 65 70 75
9 14 19 24 29 34 39 44 49 54 59 64 69 74 >
CHART 1
3 9 17 60 438 3001 5150 3338 1206 334 94 26 15 8 0
to to to to to to to to to to to to to to to
Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin.
Problem with the battery detected. Try discharging and fully charging it
CLASSIFICATION
Most of the vehicles classified during the study were Vans & Pickups. The number of Passenger Vehicles
in the study was 6226 which represents 45 percent of the total classified vehicles. The number of Vans &
Pickups in the study was 6708 which represents 49 percent of the total classified vehicles. The number of
Busses & Trucks in the study was 592 which represents 4 percent of the total classified vehicles. The
number of Tractor Tailers in the study was 173 which represents 1 percent of the total classified vehicles.
<18 24 28 32 44 62
17 23 27 31 37 43 61 >
38
CHART 2
6226 6708 505 87 66 49 51 7
to to to to to to to to
During the peak traffic period, on Apr/26/2011 at [17:45-18:00] the average headway between vehicles
was 4.972 seconds. During the slowest traffic period, on May/01/2011 at [23:15-23:30] the average
headway between vehicles was 900 seconds.
HEADWAY
WEATHER
The roadway surface temperature over the period of the study varied between 39.00 and 123.00 degrees F.
Page:Sep/16/2011 04:36:52 PM 1
Street: 2900 Blk Dove Road
City: Westlake
Computer Generated Summary Report
Nu-Metrics Traffic Analyzer Study
A study of vehicle traffic was conducted with HI-STAR unit number 0826. The study was done in the
Westtbound lane at 2900 Blk Dove Road in Westlake, TX in Tarrant county. The study began on
Apr/26/2011 at 05:00:00 PM and concluded on May/03/2011 at 12:15:00 PM, lasting a total of 163.25
hours. Traffic statistics were recorded in 15 minute time periods. The total recorded volume showed 6879
vehicles passed through the location with a peak volume of 75 on Apr/26/2011 at [17:30-17:45] and a
minimum volume of 0 on Apr/26/2011 at [23:00-23:15]. The AADT count for this study was 1,011.
Chart 1 lists the values of the speed bins and the total traffic volume for each bin. At least half the vehicles
were traveling in the 35 - 40 MPH range or lower. The average speed for all classifed vehicles was 37
MPH with 63.61% vehicles exceeding the posted speed of 30 MPH. The HI-STAR found 0.28 percent of
the total vehicles were traveling in excess of 55 MPH. The mode speed for this traffic study was 35MPH
and the 85th percentile was 42.82 MPH.
SPEED
<10 15 20 25 30 35 40 45 50 55 60 65 70 75
9 14 19 24 29 34 39 44 49 54 59 64 69 74 >
CHART 1
15 11 16 48 470 1925 2664 1163 366 112 20 14 4 1 0
to to to to to to to to to to to to to to to
Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin.
Problem with the battery detected. Try discharging and fully charging it
CLASSIFICATION
Most of the vehicles classified during the study were Passenger Vehicles. The number of Passenger
Vehicles in the study was 3883 which represents 57 percent of the total classified vehicles. The number of
Vans & Pickups in the study was 2699 which represents 40 percent of the total classified vehicles. The
number of Busses & Trucks in the study was 160 which represents 2 percent of the total classified
vehicles. The number of Tractor Tailers in the study was 87 which represents 1 percent of the total
classified vehicles.
<18 24 28 32 44 62
17 23 27 31 37 43 61 >
38
CHART 2
3883 2699 123 37 41 28 15 3
to to to to to to to to
During the peak traffic period, on Apr/26/2011 at [17:30-17:45] the average headway between vehicles
was 11.842 seconds. During the slowest traffic period, on Apr/26/2011 at [23:00-23:15] the average
headway between vehicles was 900 seconds.
HEADWAY
WEATHER
The roadway surface temperature over the period of the study varied between 31.00 and 128.00 degrees F.
Page:Sep/16/2011 04:37:30 PM 1
Street: 2900 Blk Dove Road
City: Westlake
Computer Generated Summary Report
Nu-Metrics Traffic Analyzer Study
A study of vehicle traffic was conducted with HI-STAR unit number 1164. The study was done in the
Eastbound lane at 2900 Blk Dove Road in Westlake, TX in Tarrant county. The study began on
Apr/26/2011 at 05:00:00 PM and concluded on May/03/2011 at 10:00:00 AM, lasting a total of 161.00
hours. Traffic statistics were recorded in 15 minute time periods. The total recorded volume showed 8249
vehicles passed through the location with a peak volume of 203 on Apr/28/2011 at [07:45-08:00] and a
minimum volume of 0 on Apr/26/2011 at [22:45-23:00]. The AADT count for this study was 1,230.
Chart 1 lists the values of the speed bins and the total traffic volume for each bin. At least half the vehicles
were traveling in the 30 - 35 MPH range or lower. The average speed for all classifed vehicles was 35
MPH with 47.46% vehicles exceeding the posted speed of 30 MPH. The HI-STAR found 0.12 percent of
the total vehicles were traveling in excess of 55 MPH. The mode speed for this traffic study was 30MPH
and the 85th percentile was 40.23 MPH.
SPEED
<10 15 20 25 30 35 40 45 50 55 60 65 70 75
9 14 19 24 29 34 39 44 49 54 59 64 69 74 >
CHART 1
9 18 24 126 931 3187 2610 952 223 66 19 7 3 0 0
to to to to to to to to to to to to to to to
Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin.
Problem with the battery detected. Try discharging and fully charging it
CLASSIFICATION
Most of the vehicles classified during the study were Passenger Vehicles. The number of Passenger
Vehicles in the study was 5254 which represents 64 percent of the total classified vehicles. The number of
Vans & Pickups in the study was 2638 which represents 32 percent of the total classified vehicles. The
number of Busses & Trucks in the study was 191 which represents 2 percent of the total classified
vehicles. The number of Tractor Tailers in the study was 92 which represents 1 percent of the total
classified vehicles.
<18 24 28 32 44 62
17 23 27 31 37 43 61 >
38
CHART 2
5254 2638 156 35 42 28 15 7
to to to to to to to to
During the peak traffic period, on Apr/28/2011 at [07:45-08:00] the average headway between vehicles
was 4.412 seconds. During the slowest traffic period, on Apr/26/2011 at [22:45-23:00] the average
headway between vehicles was 900 seconds.
HEADWAY
WEATHER
The roadway surface temperature over the period of the study varied between 29.00 and 119.00 degrees F.
Page:Sep/16/2011 04:38:09 PM 1
Street: 3100 Blk Ottinger Road
City: Westlake
Computer Generated Summary Report
Nu-Metrics Traffic Analyzer Study
A study of vehicle traffic was conducted with HI-STAR unit number 1171. The study was done in the
Northbound lane at 3100 Blk Ottinger Road in Westlake, TX in Tarrant county. The study began on
Apr/26/2011 at 05:00:00 PM and concluded on May/03/2011 at 01:00:00 PM, lasting a total of 164.00
hours. Traffic statistics were recorded in 15 minute time periods. The total recorded volume showed 5618
vehicles passed through the location with a peak volume of 142 on Apr/29/2011 at [07:45-08:00] and a
minimum volume of 0 on Apr/26/2011 at [22:30-22:45]. The AADT count for this study was 822.
Chart 1 lists the values of the speed bins and the total traffic volume for each bin. At least half the vehicles
were traveling in the 35 - 40 MPH range or lower. The average speed for all classifed vehicles was 37
MPH with 66.24% vehicles exceeding the posted speed of 30 MPH. The HI-STAR found 0.34 percent of
the total vehicles were traveling in excess of 55 MPH. The mode speed for this traffic study was 35MPH
and the 85th percentile was 43.05 MPH.
SPEED
<10 15 20 25 30 35 40 45 50 55 60 65 70 75
9 14 19 24 29 34 39 44 49 54 59 64 69 74 >
CHART 1
5 8 13 68 296 1497 2215 1064 312 70 22 12 6 0 1
to to to to to to to to to to to to to to to
Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin.
Problem with the battery detected. Try discharging and fully charging it
CLASSIFICATION
Most of the vehicles classified during the study were Passenger Vehicles. The number of Passenger
Vehicles in the study was 2772 which represents 50 percent of the total classified vehicles. The number of
Vans & Pickups in the study was 2477 which represents 44 percent of the total classified vehicles. The
number of Busses & Trucks in the study was 254 which represents 5 percent of the total classified
vehicles. The number of Tractor Tailers in the study was 86 which represents 2 percent of the total
classified vehicles.
<18 24 28 32 44 62
17 23 27 31 37 43 61 >
38
CHART 2
2772 2477 197 57 35 25 19 7
to to to to to to to to
During the peak traffic period, on Apr/29/2011 at [07:45-08:00] the average headway between vehicles
was 6.294 seconds. During the slowest traffic period, on Apr/26/2011 at [22:30-22:45] the average
headway between vehicles was 900 seconds.
HEADWAY
WEATHER
The roadway surface temperature over the period of the study varied between 35.00 and 126.00 degrees F.
Page:Sep/16/2011 04:35:13 PM 1
Street: 3100 Blk Ottinger Road
City: Westlake
Computer Generated Summary Report
Nu-Metrics Traffic Analyzer Study
A study of vehicle traffic was conducted with HI-STAR unit number 1163. The study was done in the
Southbound lane at 3100 Blk Ottinger Road in Westlake, TX in Tarrant county. The study began on
Apr/26/2011 at 05:00:00 PM and concluded on May/03/2011 at 01:15:00 PM, lasting a total of 164.25
hours. Traffic statistics were recorded in 15 minute time periods. The total recorded volume showed 6828
vehicles passed through the location with a peak volume of 172 on Apr/27/2011 at [07:45-08:00] and a
minimum volume of 0 on Apr/26/2011 at [22:45-23:00]. The AADT count for this study was 998.
Chart 1 lists the values of the speed bins and the total traffic volume for each bin. At least half the vehicles
were traveling in the 30 - 35 MPH range or lower. The average speed for all classifed vehicles was 36
MPH with 52.05% vehicles exceeding the posted speed of 30 MPH. The HI-STAR found 0.29 percent of
the total vehicles were traveling in excess of 55 MPH. The mode speed for this traffic study was 30MPH
and the 85th percentile was 41.53 MPH.
SPEED
<10 15 20 25 30 35 40 45 50 55 60 65 70 75
9 14 19 24 29 34 39 44 49 54 59 64 69 74 >
CHART 1
4 7 9 78 703 2457 2237 910 267 75 27 15 5 0 0
to to to to to to to to to to to to to to to
Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin.
Problem with the battery detected. Try discharging and fully charging it
CLASSIFICATION
Most of the vehicles classified during the study were Passenger Vehicles. The number of Passenger
Vehicles in the study was 3949 which represents 58 percent of the total classified vehicles. The number of
Vans & Pickups in the study was 2541 which represents 37 percent of the total classified vehicles. The
number of Busses & Trucks in the study was 217 which represents 3 percent of the total classified
vehicles. The number of Tractor Tailers in the study was 87 which represents 1 percent of the total
classified vehicles.
<18 24 28 32 44 62
17 23 27 31 37 43 61 >
38
CHART 2
3949 2541 166 51 38 27 16 6
to to to to to to to to
During the peak traffic period, on Apr/27/2011 at [07:45-08:00] the average headway between vehicles
was 5.202 seconds. During the slowest traffic period, on Apr/26/2011 at [22:45-23:00] the average
headway between vehicles was 900 seconds.
HEADWAY
WEATHER
The roadway surface temperature over the period of the study varied between 48.00 and 111.00 degrees F.
Page:Sep/16/2011 04:33:51 PM 1
DISCUSSION ITEMS
a. Discussion regarding Proposed Parkland Dedication and Fee Ordinance. (15 min)
b. Discussion and construction update regarding FM 1938. (30 min)
c. Discussion and overview of SB 100 regarding elections. (15 min)
Town of
Westlake
Item # 5 –
Discussion Items
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Facilities & Parks Meeting Date: September 26, 2011
Staff Contact: Troy Meyer, Director of Facilities
& Recreation Discussion Item
Subject: Discussion of a Proposed Parkland Dedication and Fee Ordinance.
EXECUTIVE SUMMARY
In the Town’s current Strategic Plan, concepts were developed to promote Westlake as a
community with a high quality of life appeal along with attention given to being leaders in
service delivery for our residents. The following statements
Vision Point Two ~ “We are Leaders” and the associated
Key Result Areas ~ “High Quality Service Delivery Coupled with Financial Stewardship”
Outcome Strategy ~ discussion of growth related policies as it relates to the
consideration of a parkland dedication and fee ordinance
found in the plan are topics the Staff previously presented at a June 13, 2011 workshop and received
direction from the Council to verify the surrounding municipal polices as it relates to park land
development and also to gather feedback from our major community landholders/developers.
Since this time, Staff has received feedback from Hillwood and Maguire Partners on the proposed
ordinance and has re-drafted the proposal with the following changes:
1. Residential ratio to be recommended at one acre for every 40 dwelling units and non-
residential to one acre for every 50 non-residential gross acres of development. (The
previously drafted proposal set the residential ratio at one acre per 10 dwelling units
and 1.2 acres for every 5 acres of non-residential gross acres of development.)
The proposed changes will allow the parkland dedication/fee ordinance to be used as a tool for the
Council to identify open space, trails, private parks, public parks and/or recreation areas necessary
for the future planning of the Westlake community while allowing growth to pay for growth. In
addition to the strategic planning directives, our DirectionFinder results indicate that residents “were
least satisfied with the number of parks and walking/biking trails in the community” with a rating of
53%. Staff has made this a priority to review and bring suggestions to the Board to address this
issue for our community.
The current conceptual open space plan – contained in the Comprehensive Planning document - was
adopted in August 1992 and does not provide a definition for private parks, public parks and
recreational areas, etc. Staff is seeking guidance from the Council and a review of the proposed
Ordinance to define the park concept as it relates to our community now and into the future.
Page 2 of 2
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded
Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Review the second draft of the ordinance and provide staff direction to include a definition of the
trail and park systems for the future development of the community. See attached Parkland
Dedication Comparable Policies and Park Designation Definitions
ATTACHMENTS
1. Draft Ordinance
2. Town Strategic Plan (pg. 15)
3. Parkland Dedication Comparable Policies and Park Designation Definitions
09/19/11
CHAPTER 82
ARTICLE XIII
PARK LAND DEDICATION REQUIREMENTS
Sec. 82.387 Purpose and Intent:
The requirements for park and recreational areas contained in this Article are intended to
ensure that there will be sufficient land dedicated or otherwise set aside to meet the demand
and need of the future residents for parks and recreational areas. In determining the size, shape
and quality of parks and recreational areas that should be set aside and reserved in the manner
set out in this Article, the Town has considered the projected growth in population and
development within the municipality and the amount of park and recreational facilities needed to
accommodate such growth as stated in the Parks, Recreation, and Open Space Master Plan.
Sec. 82.388 Applicability:
(a) Unplatted Property: This article applies to all property for which a final plat has not
been formally submitted to the Town for approval, unless otherwise noted herein.
(b) Exempt Property: Any tract or lot occupied by an existing residential dwelling unit at
the time of adoption of this ordinance shall be exempt from the dedication
requirements of this Article herein. This exemption pertains only to the tractor lot that
the existing residential dwelling is built upon. Any additional lots created by subdivision
of the property shall be subject to the requirements herein.
(c) Date of Assessment: All requirements contained in this article shall be assessed at
the time of approval of the final plat of any applicable property.
Sec. 82.389 Land Dedication Requirements:
(a) General: Land dedication requirements herein are based on the Town's adopted
Land Use Plan and the Parks Recreation & Open Space Master Plan. The developer to
shall show the land dedication requirements contained herein with the submittal of a
development plan, concept plan, preliminary plat or other appropriate development
submittal.
(1) Residential Developments: Park and recreational areas, meeting the
requirements contained within this Article, shall be dedicated to the Town at a ratio of
one (1) acre of park land for every forty (40) residential dwelling units or prorated
portion thereof.
09/19/11
(2) Non‐Residential Developments: Non‐residential developments create
environmental impacts which may negatively affect the living environment of the
community. These impacts may be ameliorated or eliminated by providing park or open
space areas which buffer adjoining land uses, prevent undue concentration of paved
areas, allow for the reasonable dissipation of automotive exhaust fumes, provide natural
buffers to the spread of fire or explosion, and provide separation of lighting, waste
disposal, and noise by‐products of non‐residential operations and activities from adjacent
residential areas. The Town hereby determines that non‐residential developments must
provide dedicated parks and/or reserved public open space at a ratio of one (1) acre of
park land for every forty (50) non‐residential gross acres of development or prorated
portion thereof.
(3) Off‐site Dedications: With the consent of the Town Council, a developer may
dedicate the required park land for a development at another location within the Town,
provided that the off‐site land dedication is in accordance with this Article.
(b) Transfers and Credits for Prior Dedications, Fees and Gifts: In considering the
amount of land dedication required of a proposed development, the Town may, at its
discretion, apply former dedications which were in excess of the requirement at that
time to current or future dedication requirements of the same owner/applicant. A
dedication or cash payment in lieu of dedication made prior to the passage of this
Ordinance shall be controlled by the provisions of the ordinance in effect at the time such
obligation arose, provided the final plat has been submitted to the Town for approval
prior to the passage of this Ordinance. At the discretion of the Town, any former gift of
land to the municipality may be credited under the terms of the current Ordinance
toward eventual land dedication requirements imposed on the donor of such lands.
Sec. 82.390 Characteristics of Parkland:
General: The Town Council shall consider the characteristics of proposed
dedicated park and recreational areas as outlined in the Parks, Recreation, and Open
Space Master Plan. . In determining whether to accept or refuse the dedication of park
lands, fees, facilities or a combination thereof as outlined in Article 82.391 below, the
Town Council shall consider the Parks, Recreation and Open Space Master Plan, and
other policies and ordinances, as a guideline for such decisions.
Sec. 82.391 Alternatives to Land Dedication:
In any case where a dedication is required, the Town Council shall have the right,
but not the obligation, to accept the dedication as submitted for approval, or in the
alternative, to refuse dedication of the same, and in lieu thereof to require payment of
cash under the formula contained in this Article or to allow the developer to construct
recreation or park improvements. The Town may permit a combination of dedication,
improvements and fees to be used to fulfill this requirement.
09/19/11
(a)Fee Payment:
(1) Approval of Fee Payment: The Town Council shall determine the
acceptability of a developer’s payment of fees in lieu of the land dedication
requirement of this Article.
(2) Calculation of Fees: The Town Council shall periodically establish an acreage
land value cost figure to be used in calculating park fees. This determination shall
be based on a study approved by the Town Council. This figure shall be the
acreage cost under which all park fees are calculated.
Fees paid in lieu of dedication shall be based on a determination made by
the Town Council.
Fees shall be paid prior to the Final Plat being filed, unless authorized
otherwise in a developer’s agreement approved by the town council.
(b) Physical or Equipment Improvements to Public Parks.
(1) Compatibility with Park Master Plan: The Town Council may grant a
developer the option of improving existing facilities within municipal parks
and/or improving dedicated park land in lieu of park land dedication or payment
of cash. Should any of these options be approved, the Town and the developer
shall, prior to initiation of work on such improvements, enter into a Developers
Agreement. In no case shall the Town be required to reimburse the developer
for improvements at an amount greater than required by this Article. A request
to provide facility improvements in lieu of dedication shall be submitted in
writing.
Sec. 82.392 Private Parks and Recreation or Open Spaces:
If a developer desires to incorporate a private park, within its
development, it may request limited credit for these private parks facilities
against its public parks dedication requirements. A developer may request
credit for any private park but such private park may satisfy no more than 10% of
the total park and recreation area dedication requirement of this ordinance. The
Town must approve the incorporation of private park or recreation areas to
meet the requirements of this Article.
The Town Council shall have authorization to grant a variance to the Park
Land Dedication requirements of this article, but not to any other sections of this
article. A variance request will only be considered for applicants that seek to plat
and develop under an existing or new Planned Development District.
09/19/11
Definitions:
Open Space (General Definition) – The term "open space" shall be used to designate land
area which is relatively free of manmade structures, where water bodies, land forms, and
vegetation predominate. (Definition excerpted from Chapter 1 of the Code of Ordinances.)
Open Space Plan – The term "Open Space Plan" shall be used to identify the Town's Open
Space Plan, as adopted by the Town Council, and as amended when necessary. (Definition
excerpted from Chapter 1 of the Code of Ordinances.)
Park Land (General Definition) – The term “park land” shall mean land that meets the
definition of Open Space as defined above, which contains an area at least 400’ x 300’
square feet in size with a maximum slope of 2%, and has connectivity to the Town’s trail
system or roadways based on the Town’s Open Space Plan, along with utility access for
water, sewer and electricity, and is dedicated to the Town.
Park Master Plan ‐ The term "Park Master Plan" shall mean the Town's Park Master Plan, as
adopted by the Town Council, and amended as necessary.
Privately Owned Public Parks and Recreation Areas ‐ Parks and Recreation Areas owned by a
private party that are, by easement, written agreement and/or acceptable use, accessible to
the general public.
Open space, private – Any park area or open space that is not accessible by the general
public for recreational use and enjoyment.
Public Parks and Recreation Areas ‐ Open space as defined above that is owned by the Town
and is designated as park space that is accessible and open to the general public for
recreational use and enjoyment.
Trail Systems – greenway or open space which can be used for diverse recreational activities
and are managed as multi‐use trails (such as pedestrian walkways, mountain biking) or
linear open space. Connectivity should be maximized to allow for the utilization of the
Town’s public parks and recreation areas and the trail (hiking/biking) systems of
surrounding communities.
serve both a conservation and interpretive purpose for habitat preservation and responsible
recreation.
Open space, landscaped ‐ means that part of the net site area which is free of streets, structures,
or parking areas and provided to improve the drainage, microclimate and aesthetics of the site.
Such areas are usually landscaped and appropriately located to achieve maximum effect and
appeal. Typically, such space includes lawn areas, shrubs and trees, walkways, paved terraces,
sitting areas and outdoor recreational areas. Unpaved land areas within private or public street
rights‐of‐way are not counted as landscaped open space unless they are in excess of minimum
right‐of‐way standards.
Community Parks ‐ are intended to be accessible to multiple neighborhoods and beyond, and
meet a broader base of community recreational needs, as well as preserving unique landscapes
and open spaces. Community parks are generally larger in scale than neighborhood parks, but
smaller than regional parks and are designed typically for residents who live within a three to five
mile radius.
Neighborhood Parks ‐ are intended to be easily accessible by adjacent neighborhoods and should
focus on meeting neighborhood recreational needs, as well as preserving small open spaces in
residential or commercial areas.
Special Use Parks ‐ contain amenities that are unique and serve very specific recreational needs of
an entire community. These sites can include multi‐generational recreational centers,
aquatic/swimming pool facilities, and historic facilities.
Regional Park ‐ typically serves multiple communities, residents within a town or city, or even
across multiple counties. Depending on activities and amenities with a regional park, users may
travel as many as 20 miles or 30 minutes for a visit. Regional parks usually include both the basic
elements of a neighborhood park, combined with amenities similar to a community park. In
addition, regional parks can feature specialized facilities including, but not limited to athletic
facilities, sport complexes, and special event venues. Regional parks range in size from 5 to 50
acres, and should promote tourism and economic development by enhancing the economic
vitality and identity of the entire region.
Trailways ‐ are usually complimentary to a regional trail system, or to another greenway or open
space. These areas can include diverse recreational opportunities that are managed such as multi‐
use trails (pedestrian, mountain biking, equestrian), fishing areas along creeks or rivers, or just
linear open space.
Proposed Westlake Community Definitions:
Open Space (General Definition) – The term "open space" shall be used to designate land area
which is relatively free of manmade structures, where water bodies, land forms, and vegetation
predominate. (Definition excerpted from Chapter 1 of the Code of Ordinances.)
Open Space Plan – The term "Open Space Plan" shall be used to identify the Town's Open Space
Plan, as adopted by the Town Council, and as amended when necessary. (Definition excerpted
from Chapter 1 of the Code of Ordinances.)
Park Land (General Definition) – The term “park land” shall mean land that meets the definition of
Open Space as defined above, which contains an area at least 400’ x 300’ square feet in size with a
maximum slope of 2%, and has connectivity to the Town’s trail system or roadways based on the
Town’s Open Space Plan, along with utility access for water, sewer and electricity, and is dedicated
to the Town.
Park Master Plan ‐ The term "Park Master Plan" shall mean the Town's Park Master Plan, as
adopted by the Town Council, and amended as necessary.
Privately Owned Public Parks and Recreation Areas ‐ Parks and Recreation Areas owned by a
private party that are, by easement, written agreement and/or acceptable use, accessible to the
general public.
Open space, private – Any park area or open space that is not accessible by the general public for
recreational use and enjoyment.
Public Parks and Recreation Areas ‐ Open space as defined above that is owned by the Town and is
designated as park space that is accessible and open to the general public for recreational use and
enjoyment.
Trail Systems – greenway or open space which can be used for diverse recreational activities and
are managed as multi‐use trails (such as pedestrian walkways, mountain biking) or linear open
space. Connectivity should be maximized to allow for the utilization of the Town’s public parks
and recreation areas and the trail (hiking/biking) systems of surrounding communities.
Park Land Dedication Comparable Policies
and Park Designation Definitions
Dedication
Requirements
Frisco Keller Roanoke Southlake Westlake
(Proposed)
Residential 1 acre per
100 dwelling
lots
1 acre per
30 dwelling
lots
1 acre per
50 dwelling
lots
1 acre per
40 dwelling
lots
(Proposed)
1 acre per
40 dwelling
lots
Commercial No Policy No Policy 1 acre per
50 acres of
development
1 acre per
50 acres of
development
(Proposed)
1 acre per
50 acres of
development
Below, you will find information Staff has accumulated from various surrounding municipalities
and professional organizations as it relates to park/open/trail land use explanations, which will
provide useful background for Council consideration in customized definitions for our
community.
Comparable City Park Designation Definitions:
Parks ‐ Typically refer to land dedicated to outdoor areas programmed for recreation, which refers
to both active and passive recreation activities including ball play, jogging, picnicking and sports
fields.
Open Space ‐ Refers to land dedicated for conservation and preservation due to its ecological
value, wildlife habitat quality, cultural significance, and/or its functional role to assist with flood
plain Management.
Open space, active ‐ Both public and private, is distributed throughout the district and provides
not only aesthetic qualities, but recreational and civic functions; means that part of the net site
area of a development that may be improved or set aside, dedicated, designated or reserved for
recreational use such as swimming pools, play equipment for children, ball fields, picnic tables,
sports courts, etc.
Open space, common ‐ means that part of the net site area of a development, not individually
owned or dedicated for public use that is designed and intended for the common use or
enjoyment of the residents of a development.
Open Space Parks ‐ are simple recreation or natural areas that typically do not feature
development on more than 5% ‐ 10% of total park acreage. These areas can include diverse
recreational opportunities that are managed such as multi‐use trails (pedestrian, mountain biking,
equestrian), fishing areas along creeks or rivers, or just open space. Traditionally, open space parks
Page 15 2009
High Quality Services Delivery Coupled with Financial Stewardship (cont.)
Objective 1.6: Council to prioritize service options and provide staff direction on future
budgeting and resource allocation.
Estimated Completion Date: Spring, 2010
2. Review and discuss growth related policies — Short-Range Goals.
Team Co-Leaders: Tom Brymer / Todd Wood / Debbie Piper
A. Council discussion of ”Growth pays for growth” approach to financial stewardship and
policy making.
B. Impact Fees
Objective 2.4: Discuss and receive Council direction on impact fee feasibility study.
Estimated Completion Date: Spring, 2010
Objective 2.5: Prepare proposal of utility impact fee analysis and feasibility report.
Estimated Completion Date: Fall, 2010
Objective 2.6: Review impact fee recommendations and consider fee adoption.
Estimated Completion Date: Summer, 2011
C. Park Land Dedication and Development Fee
Objective 2.7: Discuss and receive Council direction on park land dedication and development fee implementation.
Estimated Completion Date: Spring, 2010
Objective 2.8: Prepare proposal of park land dedication and development fee analysis and feasibility report.
Estimated Completion Date: Fall, 2010
3. Explore public safety service delivery options and funding — Short-Range Goal.
Team Co-Leaders: Tom Brymer / DPS Lieutenants
Objective 3.1: Research available options to deliver and fund public safety programs.
Estimated Completion Date: Spring, 2010
Objective 3.2: Present options and recommendations to Council.
Estimated Completion Date: Summer, 2010
Westlake DPS Ambulance
Objective 2.1: Identify sources of Town expenditures related to service delivery which are not currently offset by fee
collection. Analyze identified expenditures, from the standpoint of current impact and future expansion to
ensure quality service delivery.
Estimated Completion Date: Fall, 2010
Objective 2.2: Identify actual or potential costs incurred by the Town.
Estimated Completion Date: Fall, 2010
Objective 2.3: Survey other communities to benchmark costs for newly proposed fees and amendments of existing fees.
Estimated Completion Date: Fall, 2010
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Public Works Meeting Date: September 26, 2011
Staff Contact: Jarrod Greenwood Workshop
Public Works Director
Subject: Discussion and construction update regarding FM 1938
EXECUTIVE SUMMARY
FM 1938 is a major TxDOT managed project that is supported by Westlake, Keller, Southlake,
and Tarrant County as a regional effort to facilitate the growing traffic congestion on residential
streets. Planning for this project began many years ago, with project design work beginning in
2000. FM 1938, after completion, will connect FM 1709 and SH 114 from the existing Precinct
Line Road Bridge in Westlake to the existing FM 1709/FM 1938 intersection in Southlake. FM
1938 will consist of a 6 lane divided roadway from SH 114 to Dove Road and a 4 lane divided
roadway from Dove Road to Randol Mill.
Construction projects of this nature and magnitude will often be divided into phases with work
being performed in various locations. Over the next couple of weeks, the contractor will continue
to work on both the Solana and Dove Road intersections. This will include the enhanced
pavement sections and rerouting traffic to accommodate the construction. We anticipate
switching traffic and opening the northbound lanes of FM 1938 from SH 114 to Sabine in late
November. At that time, both north and southbound traffic will use the northbound lanes while
the contractor continues working on sections of the southbound lanes. Recently, the contractor
closed a section of Precinct Line Road south of Vaquero Club Drive in order to complete the
work necessary for construction of this portion of roadway, as well as, the Sabine intersection.
The Sabine intersection is scheduled to be reopened with the traffic switch in November.
At the regular Board of Alderman Workshop on June 23, 2008, town staff presented information
regarding the scope and features of potential streetscape improvements. Some of those items
included: enhanced pavement (colors and textures), sidewalks, rest areas, trail heads, way
finding, and light/signage post colors. On July 14, 2008, the Town of Westlake Board of
Alderman approved a contract with Shrickel, Rollins, and Associates for the consultation and
schematic design of streetscape and way finding amenities on the FM 1938 corridor. Town staff
worked closely with the streetscape consultant by meeting with adjacent stakeholders and
soliciting feedback regarding the integration of the proposed improvements and their individual
and unique properties. Stakeholder comments were incorporated into the existing FM 1938
streetscape plan. Staff has divided the streetscape improvements into phases. Phase one of the
proposed plan called for the pavement and retaining wall enhancements to be immediate items,
as they are included in the TxDOT project and completed by TxDOT contractors. Phase two
includes entryway monuments, and all landscape and irrigation within the median from SH 114
to Randol Mill (Town Limits). Phase three includes way finding, sidewalks, irrigation, and
Page 2 of 2
landscape improvements. Additional phases would include trail structures, trail heads, and
pedestrian lighting. The streetscape improvements are included in the adopted CIP. The
estimated completion date is set for the Summer of 2012.
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
ATTACHMENTS
None
Vision Point: Inviting Neighborhoods
Project Description:
CAPITAL IMPROVEMENT
Fiscal Years 2011/2012 Thru 2015/2016
FM 1938 Streetscape/Wayfinding
Projectconsistofthedesignandconstructionoflandscape
andhardscapeimprovementstotheFM1938corridorfrom
SH114southtoRandolMillRoad,includingsidewalks,
trailheads,signage,restareas,plantings,entrymonuments.
Perdeveloper'sagreements:Fidelityistoprovidefunding for
landscapeenhancementstothemedianandROW(est.
$322K)andVaquero(DiscoveryLand)wastoprovide
landscapeenhancementstothemedian(est.$217K).We
anticipatetheFidelityandDiscoveryLandamountswillneed
tobenegotiatedasthedeveloper'sagreementsdon'tprovide
acapnorscopeofworktobedesignedto.TheTownis
requiredtoinstallsidewalkonthewestsideofFM1938from
DovetoSH114pertheFidelitydeveloper'sagreementatour
cost.Utilityrelocationswillbenecessarytoaccomodate
construction,includingadjustingmanholes,firehydrants,
valvesandmetersasnecessary.Maintenanceisforirrigation
only.
GL CODE: 410-74400-00-20Est.Budget Project
09/30/11FY 11/1212/1313/1414/1515/16Total
Construction 369,078 774,055 1,924,000 981,750 - - 4,048,883
Engineering31,000 381,100 20,800 10,450 - - 443,350
Utility Relocation10,000 - - - - - 10,000
Prior Years74,922 - - - - - 74,922
EXPENDITURES TOTAL485,000 1,155,155 1,944,800 992,200 - - 4,577,155
Est.Budget Project
09/30/11FY 11/1212/1313/1414/1515/16Total
Visitors Association Fund- - - - - - -
Vaquero- - 30,000 - - - 30,000
Fidelity - - 150,000 172,000 - - 322,000
Capital Projects Fund - Cash485,000 1,155,155 1,681,900 - - - 3,322,055
Capital Projects Fund - Bond 1- - 82,900 820,200 - - 903,100
FUNDING TOTAL485,000 1,155,155 1,944,800 992,200 - - 4,577,155
Est.Budget Project
09/30/11FY 11/1212/1313/1414/1515/16Total
Maintenance- - - 5,275 5,325 5,375 15,975
Debt Service11,088 66,669 66,284 66,295 66,689 66,602 343,627
OPERATING IMPACT TOTAL11,088 66,669 66,284 71,570 72,014 71,977 359,602
Planned
Planned
PROJECT FUNDING
IMPACT ON OPERATING BUDGET
PROJECT EXPENSE
Planned
Page 1 of 2
TOWN COUNCIL AGENDA ITEM
Department: Town Secretary’s Office Meeting Date: September 26, 2011
Staff Contact: Kelly Edwards Discussion
Town Secretary
Subject: Discussion and overview of SB 100 regarding elections.
EXECUTIVE SUMMARY
The legislation adjusted, via SB 100, the dates of the general primary election and primary runoff
election in order to bring Texas into compliance with the U.S. Military and Overseas Voter
Empowerment (MOVE) Act. This Act allows more time for overseas voters, particularly
military personnel, to vote.
This item was discussed during the Council meeting on August 29, 2011. As previously
mentioned, this bill negatively impacts municipal elections. Due to the change in dates, there is
a potential overlap between dates for Primary runoff voting (May 22 in 2012) and May
municipal elections (May 12 in 2012). With early voting, there will be an overlap in voting
times. Because of this overlap, SB 100 removes the requirements that counties participate in
joint elections on even numbered years.
The Council has until December 31, 2012, to decide whether to change Westlake’s election date
and/or term lengths.
The Council asked Staff to contact Denton County to see if they would consider conducting
Westlake’s May Election. In late August, we did receive confirmation from Denton County that
they are willing to contract with us and conduct our May elections.
Should Council decided to contract with Denton County we will need to plan for some logistical
changes and re-educate our voters on available polling locations.
Options
Contract with Tarrant County to conduct a joint election in May 2012 (no decisions have
been made for future even-number year elections)
Contract with Denton Country to conduct a joint election in May 2012 and future May
elections
Change the election date for municipal elections to November
Continue with the two year terms so that elections could continue in May, but only occur
in odd numbered years
Hold municipal elections on our own, bearing all cost
Page 2 of 2
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
No action required, report presented for Council information and discussion.
ATTACHMENTS
None
COUNCIL RECAP / STAFF DIRECTION
Town of
Westlake
Item # 6
Council Recap /
Staff Direction
Town of
Westlake
Item # 7 –
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
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the meeting held on August 15, 2011.
b. Consider approval of the minutes from the meeting held on August 29, 2011.
c. Consider approval of the minutes from the meeting held on September 12, 2011.
d. Consider approval of Resolution 11-27, Appointing a member to the Westlake
Academy Foundation Board.
e. Consider approval of Resolution 11-28, Authorizing the Town Manager to
negotiate and enter into an agreement with Level 3 Communications, LLC, for the
use of the Town’s telecommunication ductbank.
f. Consider approval of Ordinance 667, Amending the Code of Ordinances,
Chapter 98, Vegetation, Article II, Division 2, Preservation, Section 98-48, Tree
Replacement Requirements.
Town of
Westlake
Item # 3 ‐ Consent
Agenda Items
Town Council Minutes
08/15/11
Page 1 of 2
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
AUGUST 15, 2011
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Carol Langdon, David
Levitan and Rick Rennhack.
ABSENT: Trustee Clif Cox
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Director of
Communications & Community Affairs Ginger Awtry, Public Works
Director Jarrod Greenwood, Finance Director Debbie Piper,
Planning and Development Director Eddie Edwards, Facilities and
Recreation Director Troy Meyer, Fire Chief Richard Whitten,
Human Resources and Administrative Services Director Todd
Wood and Management Intern Scott Dixon.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:09 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. PRESENTATION AND DISCUSSION OF THE 2011 DIRECTIONFINDERS
SURVEY.
Mr. Chris Tatham, ETC Institute, provided an overview of the 2011 survey.
Town Council Minutes
08/15/11
Page 2 of 2
Discussion ensued regarding the survey methodology, the overall perceptions, strengths
and weaknesses, overall satisfaction of the community and the possibility of conducting
the survey via the internet.
4. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the
workshop at 5:46 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 12, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
06/13/11
Page 1 of 5
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
August 29, 2011
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon
and David Levitan.
ABSENT: Rick Rennhack
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Director of
Communications & Community Affairs Ginger Awtry, Fire Chief
Richard Whitten, Finance Director Debbie Piper, Planning and
Development Director Eddie Edwards, Facilities and Recreation
Director Troy Meyer, and Director of Public Works Jarrod
Greenwood.
Workshop Session
1. CALL TO ORDER
Mayor Wheat called the workshop to order at 5:24 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM AUGUST 29, 2011,
REGULAR MEETING. (25 min)
Discussion ensued regarding item e and the credit card fees and possibilities of
incorporating this into paying traffic violations such as red light camera.
Clif – how did we determine the fee. Debbie the fee 3% charged by the cc company for
utility payments so we are passing on the fee.
Town Council Minutes
08/29/11
Page 2 of 5
Mayor – item g – what is happening to FM 1938 adding it for discussion and publicizing
the topic for residents. Add on’s, no and elevations and drainage. Jarrod has met with
the property owner regarding the drainage issues. The length of the current silt dam.
4. DISCUSSION ITEMS
a. Discussion and overview of SB 100 regarding elections (30 min)
This item was discussed before Item 3
Cathy provided an overview of SB 100 options and the effects on the May
General election.
Tom provided his thoughts.
b. Discussion and follow-up regarding the FY 2011-2012 budget. (15 min)
Tom – provided a update for questions and additional information that was
discussed during the budget workshop. He provided an overview of the projects.
(use handout) Also a request made by the Public Arts Society.
Jarrod regarding the traffic circle estimate. Discussion
Add 15K to FY 11-12 for the engineering for the traffic circle and 2500 for the
Public Arts.
5. COUNCIL RECAP / STAFF DIRECTION
No additional information.
Attorney Lowry stated that the Council could convene into executive session.
The Council convened into closed session at 6:20 p.m., pursuant to Texas Government
Code, annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to
deliberate the offer of a financial or other incentive to a business prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other legal
matters not related directly to litigation or settlement. Pending or contemplated
litigation and settlement offers include but are not limited to the following: Rosevear
and Simonetti
Council reconvened the meeting at 7:18 p.m.
Town Council Minutes
08/29/11
Page 3 of 5
6. ADJOURNMENT
There being no further business before the Council, Mayor Wheat adjourned the
workshop at 7:18 p.m.
Regular Session
1. CALL TO ORDER
Mayor Wheat called the regular meeting to order at 7:18 p.m. with Council Member
Rennhack and Council Member Brittan absent.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
Distinguished Budget Presentation Award for Fiscal Year beginning October 1, 2010 by
Lena Ellis, CFO, City of Fort Worth and Government Finance Officers Association
National Board Member.
Finance Director Piper stated this item would be postponed until the next meeting.
3. CONSENT AGENDA
a. Consider approval of the minutes from the meeting held on June 13, 2011.
b. Consider approval of the minutes from the meeting held on August 12, 2011.
c. Consider approval of Resolution 11-21, Appointing Michael Barrett to the
Planning and Zoning Commission.
d. Consider approval of Ordinance 660, Approving a negotiated resolution between
the Atmos Cities Steering Committee and Atmos Energy Corp., MID-TEX DIVISION
regarding the company’s Fourth Annual Rate Review Mechanism Filing in all cities
exercising original jurisdiction.
e. Consider approval of Ordinance 661, Amending Chapter 2, Administration,
Article V Finance, Division 2 Fees and Use Schedule, adding Section 2-182 Credit
Card Processing fee.
f. Consider approval of Ordinance 662, Amending Chapter 2, Administration,
Article V, Finance, Division 1. Generally, Section 2-161, Signatures On Town
Checks.
g. Consider approval of Resolution 11-22, Authorizing the Town Manager to
execute Change Orders 18 and 19 with TxDOT for structural enhancements for
the FM1938 project.
h. Consider approval of Resolution 11-23, Adopting the Governmental Accounting
Standard Board (GASB) 54 Policy.
i. Consider approval of Resolution 11-24, Accepting the Certified Property Tax
Values.
Town Council Minutes
08/29/11
Page 4 of 5
j. Consider approval of Ordinance 663, Amending Chapter 46, Health and
Sanitation Adding Article V, Public Swimming Pool, Spa or Interactive Water
Feature Rules.
k. Consider approval of Ordinance 664, Amending Chapter 46, Health and
Sanitation, Article III, Food, Division 2, Food Service Sanitation and Good
Handling.
l. Consider approval of Resolution 11-25, Amending the Fee and Use Schedule.
MOTION: Council Member Langdon made a motion to approve the consent
agenda. Council Member Levitan seconded the motion. The motion
carried by a vote of 3-0.
4. EXECUTIVE SESSION – This item was conducted during the work session.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087 Deliberation Regarding Economic Development Negotiations
– to deliberate the offer of a financial or other incentive to a business
prospect.
b. Section 551.071 Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers,
or other legal matters not related directly to litigation or settlement. Pending
or contemplated litigation and settlement offers include but are not limited to
the following: Rosevear and Simonetti.
5. RECONVENE MEETING
6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
7. FUTURE AGENDA ITEMS
- None
8. COUNCIL RECAP / STAFF DIRECTION
9. COUNCIL CALENDAR
Town Council Minutes
08/29/11
Page 5 of 5
- Town Offices Closed
September 5, 2011
- Town Council Meeting
September 12, 2011
- Texas Municipal League
October 11-14, 2011, Houston
10. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Cox seconded the motion. The motion carried by
a vote of 3-0.
Mayor Wheat adjourned the meeting at 7:23 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 26, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Town Council Minutes
09/12/11
Page 1 of 3
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
SPECIAL TOWN COUNCIL MEETING
September 12, 2011
PRESENT: Mayor Laura Wheat and Council Members, Tim Brittan, Clif Cox, Carol Langdon,
David Levitan and Rick Rennhack.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards,
Assistant to the Town Manager Amanda DeGan, Director of
Communications & Community Affairs Ginger Awtry, Finance
Director Debbie Piper, Planning and Development Director Eddie
Edwards, Facilities and Recreation Director Troy Meyer, Fire Chief
Richard Whitten, Human Resources and Management Intern Scott
Dixon.
Special Session
1. CALL TO ORDER
Mayor Wheat called the special meeting to order at 7:49 p.m.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS
No one present wished to address the Council.
3. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 665,
ADOPTING THE TOWN OF WESTLAKE REVISED BUDGET FOR FISCAL YEAR
ENDING SEPTEMBER 30, 2011, AND ADOPTING THE PROPOSED BUDGET FOR
FISCAL YEAR ENDING SEPTEMBER 30, 2012, AND PROVIDE AUTHORIZATION
TO THE TOWN MANAGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000.
Town Manager Brymer provided a brief presentation and overview of the FY 2011-2012
proposed budget.
Town Council Minutes
09/12/11
Page 2 of 3
Mayor Wheat opened the public hearing.
No one present wished to address the Council.
Mayor Wheat closed the public hearing.
MOTION: Council Member Cox made a motion to approve Ordinance 665.
Council Member Rennhack seconded the motion. The motion
carried by a vote of 5-0.
4. CONSIDERATION AND DISCUSSION OF ORDINANCE 666, LEVYING MUNICIPAL
AD VALOREM (PROPERTY) TAXES FOR THE 2011 YEAR IN ACCORDANCE WITH
THE FISCAL YEAR 2011-12 BUDGET.
MOTION: Council Member Rennhack made a motion to approve Ordinance
666. Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
5. FUTURE AGENDA ITEMS
- None
6. COUNCIL RECAP / STAFF DIRECTION
- None
7. COUNCIL CALENDAR
‐ Living History Presentation hosted by the WHPS
September 22, 2011, An evening with Bat Masterson
7:00-8:30 WA Performance Hall
- Town Council Meeting
September 26, 2011
- Texas Municipal League Conference
October 11-14, 2011, Houston
‐ Westlake Baja at Vaquero hosted by the Westlake Foundation
October 11, 2011, 5:00- 10:00 pm
- Town Council Meeting
October 24, 2011
‐ Westlake Vintage Care Show hosted by WHPS
October 29, 2011, 11:00-4:00, Solana Club parking lot
Town Council Minutes
09/12/11
Page 3 of 3
8. 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 Cox seconded the motion. The motion carried by
a vote of 5-0.
Mayor Wheat adjourned the meeting at 7:55 p.m.
APPROVED BY THE TOWN COUNCIL SEPTEMBER 26, 2011.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Town Secretary Meeting Date: September 26, 2011
Staff Contact: Kelly Edwards Regular
Town Secretary
Subject: Consideration and discussion of a Resolution appointing a member to the
Westlake Academy Foundation Board
EXECUTIVE SUMMARY
Currently the Foundation has four (4) vacant seats. The Foundation would like to appoint Mr.
Ken Gordon to the board filling one of the vacancies.
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded Not Funded N/A
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Consider appointment
ATTACHMENTS
Application
Resolution
Resolution 11-27
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 11-27
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPOINTING A MEMBER TO THE WESTLAKE ACADEMY FOUNDATION
BOARD.
WHEREAS, Currently, vacancies exist on the Westlake Academy Foundation board;
and
WHEREAS, the Town Council has received one 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 Academy Foundation board for the
term noted below:
R. Kenneth Gordon - terms expiring June 2013.
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 11-27
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 29th DAY OF SEPTEMBER 2010.
___________________________________
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 1
TOWN COUNCIL AGENDA ITEM
Department: Public Works Meeting Date: September 26, 2011
Staff Contact: Jarrod Greenwood Consent
Public Works Director
Subject: Consider a Resolution authorizing the Town Manager to negotiate and enter into
an agreement with Level 3 Communications, LLC, for the use of the Town’s
telecommunication ductbank.
EXECUTIVE SUMMARY
The Town of Westlake owns a series of telecommunications conduits, referred to as ductbank,
along major roadways extending from the Solana Business complex west toward Westlake
Academy and are leased to telecom companies. The ductbank was envisioned as a way to
provide telecommunications companies access to Town right-of-way without the need to dig,
there by disrupting traffic, potentially damaging other buried utilities, expedite installation, and
minimize inconvenience to property owners.
Level 3 Communications, LLC has expressed a desire to install fiber optic cable within the
Town’s ductbank to provide data services for Fidelity Investments. Town staff has discussed the
availability of ductbank and the possible routing with Level 3 Communications. In an effort to
continue progress, staff seeks Council’s approval to negotiate and execute the standard (not
attached) lease agreement with Level 3 Communications, LLC for use of the Town’s ductbank
conduit to provide business services to Fidelity Investments.
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded Not Funded N/A
We anticipate the lease to generate approximately $15,000 for a 5 year contract.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Staff recommends approval.
ATTACHMENTS
Resolution
Resolution 11-28
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 11-28
A RESOLUTION OF THE TOWN OF WESTLAKE TOWN COUNIL OF THE TOWN
OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO NEGOTIATE
AND ENTER INTO A CONTRACT WITH LEVEL 3 COMMUNICATIONS, LLC, TO
LEASE TOWN OWNED TELECOMMUNICATIONS CONDUIT (DUCTBANK) TO BE
USED FOR THE DEPLOYMENT AND SERVICE OF FIBER OPTIC SERVICES TO
FIDELITY INVESTMENTS.
WHEREAS, Level 3 Communications, LLC, desires to lease telecommunications
conduit from the Town of Westlake to serve Fidelity Investments; and
WHEREAS, the Town Council find that the leasing of telecommunication ductbank
conduit provides sound infrastructure planning consistent with goals and objectives within the
adopted strategic plan; and
WHEREAS, the Town Council authorize the Town Manager to negotiate the terms of
the lease and execute a contract on behalf of the Town of Westlake; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of
the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals herein above are found to be true
and correct and are incorporated herein by reference as if copied in their entirety
SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves
the Town Manager to negotiate the terms of the lease agreement and execute said agreement
attached as Exhibit A on behalf of the Town of Westlake, Texas with Level 3 Communications,
L.L.C.
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 11-28
Page 2 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 26TH DAY OF SEPTEMBER 2011.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 1
TOWN COUNCIL AGENDA ITEM
Department: Planning and Development Meeting Date: September 26, 2011
Staff Contact: Eddie Edwards Consent
Director of Planning
Subject: Amending the Code of Ordinances, Chapter 98, Vegetation, Article II, Division
2, Preservation, Section 98-48, Tree Replacement Requirements Tree
Preservation to permit spending of Reforestation Fund money on equipment that
may be used to protect trees.
EXECUTIVE SUMMARY
A developer that finds it necessary to remove existing trees when developing a piesce of property may
pay into the Reforestation Fund as opposed to replanting trees to mitigate the removed trees. This fund is
currently reserved for the purchase of trees or land containing trees. The amendment will allow the funds
to be used for purchasing equipment that may be used for the preservation of trees, such as tree trimming,
irrigation, or fire suppression equipment.
APPLICABLE STRATEGIC PLAN VISION POINT
Inviting Residential and Corporate Neighborhoods
We are Leaders
Hospitality Finds its Home in Westlake
FISCAL IMPACT
Funded Not Funded N/A
The funds were received last year.
RECOMMENDATION / ACTION REQUESTED/ OPTIONS
Approval of the amendment as proposed.
ATTACHMENTS
Document containing the amended code section with strikethrough of deletions and underlined
additions. This shows in detail all changes being proposed.
An Ordinance amending the Code of Ordinances to allow the use of Reforestation Fund
money to purchase an off‐road capable fire truck.
Sec. 98‐48. Tree replacement requirements.
(a) Replacement trees. In the event that a tree removal permit is granted, the applicant shall
replace the protected trees being removed with trees listed in appendix D, Town's Approved
Plant List. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the
tree removed. Replacement trees shall be a minimum of three‐inch caliper measured 12 inches
from the ground, and ten feet in height when planted.
(b) Replacement procedures. Replacement trees shall be located on the subject site whenever
possible. However, if this is not feasible, the building official has the authority to allow the
planting to take place on another property.
(c) Reforestation Fund. If approved by the building official, the applicant, in lieu of compliance
with this division, may make a payment into the reforestation fund, which shall be a special
account administered by the town. The funds shall be used only for purchasing, planting and
maintaining trees for a period of one year on public property, acquiring equipment that may be
used for protecting trees, or for acquiring and preserving wooded property. The amount of
payment required shall be calculated based on current market prices for the cost of acquiring,
planting and maintaining a tree for a period of one year.
(UDC 1994, art. IX, § 3)
Ordinance 667
Page 1 of 2
TOWN OF WESTLAKE
ORDINANCE NO. 667
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 98,
VEGETATION, ARTICLE II, DIVISION 2, PRESERVATION, SECTION 98-48, TREE
REPLACEMENT REQUIREMENTS. PROVIDING A PENALTY; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds that it is necessary for the
preservation of public health safety and welfare that trees be preserved and protected as future
development occurs.
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 Chapter 98 of the Town of Westlake Code of Ordinances is hereby
amended to as follows:
Chapter 98 VEGETATION
Article II TREES
Division 2. PRESERVATION
Sec 98-48
Sec. 98-48. Tree replacement requirements.
(a) Replacement trees. In the event that a tree removal permit is granted, the applicant shall
replace the protected trees being removed with trees listed in appendix D, Town's Approved
Plant List. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the
tree removed. Replacement trees shall be a minimum of three-inch caliper measured 12 inches
from the ground, and ten feet in height when planted.
(b) Replacement procedures. Replacement trees shall be located on the subject site whenever
possible. However, if this is not feasible, the building official has the authority to allow the
planting to take place on another property.
(c) Reforestation Fund. If approved by the building official, the applicant, in lieu of
compliance with this division, may make a payment into the reforestation fund, which shall be a
special account administered by the town. The funds shall be used only for purchasing, planting
and maintaining trees on public property, acquiring equipment that may be used for the
planting, protecting or preservation of trees, or for acquiring and preserving wooded property.
Ordinance 667
Page 2 of 2
The amount of payment required shall be calculated based on current market prices for the cost
of acquiring, planting and maintaining a tree for a period of one year.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 26th DAY OF AUGUST 2011.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ _____________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of
Westlake
Item #4 ‐ Future
Agenda Items
COUNCIL CALENDAR
- Town Offices Closed
September 5, 2011
- Town Council Meeting
September 12, 2011
- Texas Municipal League
October 11-14, 2011, Houston
- Westlake Baja at Vaquero
October 11, 2011, 5:00 p.m.
- Westlake Vintage Care Show hosted by WHPS
October 29, 2011, 11:00-4:00, Solana Club parking lot
- Monster Mash hosted by WA HOC
October 29, 2011, 5:00-8:00 pm.
Town of
Westlake
Item # 5 –
Council Calendar
Town of
Westlake
Item # 6 –
Adjournment
Back up material has not
been provided for this item.