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11-26-18 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 5 Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA November 26, 2018 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Work Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 5 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. DISCUSSION ITEMS a. Presentation and discussion regarding the Fund Balance policy. b. Presentation and discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. c. Standing Item: Presentation and discussion of development projects per Staff report October 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. 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 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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 this chapter: Short Term Rental regulations d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation - Town Manager search process 6. RECONVENE MEETING Page 3 of 5 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on October 29, 2018. b. Consider approval of Resolution 18-43, Approving the 2019 Meeting Schedule. c. Consider approval of Resolution 18-44, Approving the renewal of United Health Care as the Town’s health and vision insurance carrier and approving renewal of Metlife as the Town’s dental insurance carrier for the 2019 calendar year. d. Consider approval of Resolution 18-45, Adopting Town of Westlake’s Legislative Priorities for the 2019 Texas Legislative Session. e. Consider approval of Resolution 18-46, approving the acceptance of the generous gift to assist in funding of the PYP Science Programme, by the Davidson family in honor of their late son Sawyer Davidson. f. Consider approval of Resolution 18-47, approving the naming of the PYP Science Lab as the Sawyer Davidson PYP Science Lab, in honor of Sawyer Davidson. Page 4 of 5 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 872, AMENDING ORDINANCE 855 CONDITIONS IN ORDER TO INCREASE THE MAXIMUM NUMBER OF CONDOMINIUM UNITS FROM 126 UNITS TO 150 UNITS AND TO MODIFY THE APPROVED SIZE AND BEDROOM DISTRIBUTION OF EACH UNIT. THE PROPERTY IS LOCATED IN THE PLAZA MAYOR OF THE ENTRADA DEVELOPMENT GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD. 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 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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 this chapter: Short Term Rental regulations d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation - Town Manager search process 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Page 5 of 5 9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 10. 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, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, November 20, 2018, 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 Council Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the meeting on October 29, 2018. b. Consider approval of Resolution 18-43, Approving the 2019 Meeting Schedule. c. Consider approval of Resolution 18-44, Approving the renewal of United Health Care as the Town’s health and vision insurance carrier and approving renewal of Metlife as the Town’s dental insurance carrier for the 2019 calendar year. d. Consider approval of Resolution 18-45, Adopting Town of Westlake’s Legislative Priorities for the 2019 Texas Legislative Session. e. Consider approval of Resolution 18-46, approving the acceptance of the generous gift to assist in funding of the PYP Science Programme, by the Davidson family in honor of their late son Sawyer Davidson. f. Consider approval of Resolution 18-47, approving the naming of the PYP Science Lab as the Sawyer Davidson PYP Science Lab, in honor of Sawyer Davidson. Town Council Item # 3 – Review of Consent Items DISCUSSION ITEMS a. Presentation and discussion regarding the Fund Balance policy. b. Presentation and discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. c. Standing Item: Presentation and discussion of development projects per Staff report October 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #4 – Discussion Items Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Presentation and discussion regarding the Fund Balance Policy. STAFF CONTACT: Debbie Piper, Finance Director Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: November 26, 2018 Completion Date: January 28, 2019 Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) During Council workshop meetings related to the proposed FY 18/19 Budget, Staff recommended changing the General Fund’s Fund Balance Policy from 90 operating days to 245 operating days. Based on Council discussion and direction at that time, the proposed revision to the Town’s Fund Balance Policy provides for a minimum of 180 operating days and a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. Page 2 of 2 RECOMMENDATION Discuss proposed revision to the portion of the Council’s financial policies pertaining to the fund balance maintained in the General Fund and provide feedback to Staff regarding same. If the Council wishes to revise this portion of its financial policies, Staff recommends that revision be considered by Council at a subsequent Council meeting. ATTACHMENTS Draft “revised” Fund Balance Policy I. FUND BALANCE/RETAINED EARNINGS A. General Fund Undesignated Fund Balance - The Town shall strive to maintain the General Fund undesignated minimum fund balance at, or in excess of, 180 days of operation. B. Retained Earnings of Other Operating Funds - In the Utility Fund, the Town shall strive to maintain positive retained earnings positions to provide sufficient reserves for emergencies and revenue shortfalls. C. Use of Fund Balance Generally – The Council delegates the responsibility to assign funds to the Town Manager or his/her designee. The Council shall have the authority to assign any amount of funds. Assignments may occur subsequent to fiscal year-end. The Council will utilize funds in the following spending order: Restricted, Committed, Assigned, or Unassigned. Fund Balance will be targeted to only be used with Council approval and can be only be used for the following: • Emergencies, • non-recurring expenditures such as technology/FF&E (furniture, fixtures and equipment), or major capital purchases that cannot be accommodated through current year savings. • Should such use reduce the balance below the appropriate level set as the objective for that fund, recommendations will be made on how to restore it. • The Council shall approve all commitments by formal action. The action to commit funds must occur prior to fiscal year-end, to report such commitments in the balance sheet of the respective period, even though the amount may be determined subsequent to fiscal year-end. • A commitment can only be modified or removed by the same formal action. D. General Fund Balance Specifically- Amounts of the General Fund’s Fund Balance above the 180 day minimum in the General Fund may, with Council approval, be used for the following in descending order of priority: • Emergencies such as natural disaster response or repairs to major equipment failure or damage. • Specific capital improvement projects or be transferred to the Capital Projects Fund. • Major maintenance projects not meeting Capital Project criteria as identified in the Adopted Budget’s Capital Improvement Plan. • Acquisition of technology hardware and/or software such as Geographic Information Systems (GIS), public safety technology enhancements, and fiber optic technology. • Local matches on State or Federal grants. • One time (i.e. non-reoccuring) employee performance pay Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Presentation and discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. STAFF CONTACT: Jarrod Greenwood, Public Works Director Kirk McDaniel, Management Intern Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 21, 2018 Completion Date: November 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In 2015, Town Council passed an Ordinance approving a limited smoking ban in trails, right of ways and a few other specific areas. Based on direction from Council provided at the May 21, 2018 meeting, the draft ordinance will provide a wide-ranging smoking ban in the Town of Westlake with exception to outdoor designated smoking areas, retail smoke shops and/or cigar Page 2 of 2 lounges, and private clubs. The draft ordinance builds on the 2015 ordinance and introduces further restrictions to protect the health and safety of Westlake residents. RECOMMENDATION Consider the attached Ordinance and discuss any necessary policy changes. ATTACHMENTS Ordinance Ordinance XXX Page 1 of 6 TOWN OF WESTLAKE ORDINANCE NO. ______ AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46, HEALTH AND SANITATION, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES, SECTIONS 46-180 THROUGH 46-183 PROHIBITING SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE, EXCEPT IN DESIGNATED AREAS, RETAIL SMOKE SHOPS AND/OR CIGAR LOUNGES, AND PRIVATE CLUBS; 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 it necessary for the public health, safety and welfare that they institute a smoke free environment within the community; and WHEREAS, Ordinance no. 755 regarding tobacco products, smoking, and E- cigarettes was approved on October 20, 2015; and WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit “A”) to the should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 46 Health and Sanitation, Article VI, Tobacco Products, Smoking and E-Cigarettes, Sections 46-180 through 46-183 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: Sec. 46-180 - Definitions. For purposes of this Ordinance, the following words and phrases, shall be have the following meanings: Ordinance XXX Page 2 of 6 BUSINESS Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making or non-profit purposes, including, but not limited to, banks, hotels, motels, retail establishments, professional corporations and other entities where professional services are delivered. CIGAR LOUNGE An establishment where onsite sales of cigar products and cigar accessories for consumption or use on the premises is at least 30% of its gross annual sales, and access is restricted to individuals 18 years of age and above. DESIGNATED SMOKING AREA.A section of outdoor property that can be selected by the property owner as a smoking zone. ELECTRONIC SMOKING DEVICE Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, hookah, or vape pen, or under any other product name or descriptor. EMPLOYEE Any person who is employed for the consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services for a profit or non-profit entity. EMPLOYER Any person, partnership, corporation, municipal corporation, non-profit entity or other entity who employs the services of one or more individual persons. ENCLOSED AREA An area closed in by a roof and walls with appropriate openings for ingress and egress. HEALTH CARE FACILITY Any institution that provides medical, surgical and overnight facilities for patients, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor’s offices, dentist’s offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes. PERSON Any individual, partnership, cooperative, association, corporation or venture. PLACE OF EMPLOYMENT Any enclosed area located on the premises of a business under the control of an employer including, but not limited to, work areas, employee lounges, rest rooms, conference rooms, classrooms, employee cafeterias, and hallways. PRIVATE CLUB A building, recreational amenities or portion thereof, that are owned, leased or otherwise occupied by an organization, whether incorporated or not, exclusively for use at all times solely for the recreational, fraternal, social, patriotic, political, benevolent or athletic purpose of the organization, but not for pecuniary gain, and at which alcoholic beverages are sold only incidentally in connection with such operations; provided that this term only applies to an organization (i) whose affairs and management are conducted by a board of directors, executive committee, or similar body chosen by its members at an annual meeting; (ii) whose Ordinance XXX Page 3 of 6 activities are governed by established bylaws, a constitution, or other published articles. PUBLIC PLACE Any area in which the public is invited or permitted, including, but not limited to, businesses, educational and government facilities, health care facilities, restaurants, public transportation facilities, parks, park facilities, trails, trailheads, right of ways, and reception areas. RETAIL SMOKE SHOP A store that derives 90% or more of its gross annual sales from the sale of tobacco, cigarettes, smoking and electronic smoking devices, or related products and accessories, and does not sell alcoholic beverages. SMOKING Inhaling, exhaling, burning or carrying any lighted or heated tobacco or plant product, including but not limited to cigars, cigarettes, electronic smoking devices, marijuana, or other combustible substances whose smoke is intended to be internalized. TOBACCO PRODUCT Any product that is used to internalize or consume tobacco or any product that contains any tobacco leaves, including but not limited to cigarettes, cigars, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption. TOWN The Town of Westlake and its boundaries. VAPING The use of an electronic smoking device which creates an aerosol or vapor, in any manner, or in any form. Sec. 46-181 - Prohibition of Smoking and Vaping 1. Smoking and vaping are hereby prohibited in the Town of Westlake, including but not limited to public places and places of employment, except for the following areas: (a) Outdoor designated smoking areas located a minimum of one hundred (100) feet from any entrance or exit of an enclosed area at a place of employment or health care facility. i. The location of outdoor designated smoking areas shall be left to the property owners. ii. The property owner must notify the Town as to the location of the designated smoking area. iii. The property owner must also post signage identifying the designated smoking area on the premises, as well as provide for extinguishment and disposal of smoking butts. (b) Retail smoke shops and/or cigar lounges if: i. The shop is a standalone building with single occupant; or Ordinance XXX Page 4 of 6 ii. If they have a separate ventilation system from any other connected building or portion of a building. (c) Private clubs, as defined in this Ordinance. 2. It shall be unlawful for any pedestrian to smoke, vape, use electronic cigarettes, or use any tobacco or tobacco related products within any right of way, park, park facility, trail or trailhead within the Town. Sec. 46-182 - Notice of Prohibition of Smoking and/or Vaping 1. Owners, operators and/or managers of every location where smoking and/or vaping is prohibited shall conspicuously post a “No Smoking” sign at the entrance(s) and in at least one (1) location inside the establishment. The sign shall include the international “No Smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it) and the words “No Smoking”. 2. Owners, operators and/or managers of every location where smoking and/or vaping is prohibited shall remove any and all ashtrays or other smoking accessories from a place where smoking is prohibited. 3. Failure to comply with this provision will be considered a violation of this Ordinance. Sec. 46-183 - Employers 1. Employers in locations where smoking and/or vaping is permitted shall take all reasonable steps to reassign or relocate an employee who request to work in a smoke-free area. If employer cannot reassign or relocate the employee to a smoke-free area, the employer shall make reasonable accommodations to mitigate the employee’s exposure to the permitted smoking area(s). 2. Employer shall not discriminate or retaliate against any employee who requests to be reassigned or relocated to a smoke-free area. Sec. 46-184 - Enforcement 1. The Town Manager, or designee may promulgate rules and regulations as may be necessary for the purpose of implementing and carrying out the provisions of this Ordinance. 2. Any owner, manager, operator or employer of any establishment regulated by this Ordinance shall inform any person smoking and/or vaping in violation of Ordinance XXX Page 5 of 6 this Ordinance to immediately stop smoking and/or vaping and extinguish the tobacco product and/or smoking device. If the person smoking and/or vaping does not comply, the owner, manager, operator, or employer shall, if applicable, refuse service and immediately ask the person to leave the premises. Violator(s) shall be subject to penalties provided for under this ordinance. 3. Any owner, manager, operator or employer of any establishment regulated by this Ordinance will be considered in violation of this Ordinance if they do not attempt to enforce this Ordinance by informing their customers of the smoking prohibition and request that their customer comply with the Ordinance. Reserve Sec. 46-186 through 46-200 SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, 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 _____ DAY OF ____________ 20________. _____________________________ ATTEST: Laura Wheat, Mayor Ordinance XXX Page 6 of 6 ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Development Snapshot October 2018 DENTON COUNTYTARRANT COUNTYCITY OF ROANOKEDENTON COUNTYTARRANT COUNTYCITY OF FORT WORTHTOWN LIMITTOWN LIMITTOWN LIMITTOWN LIMITTOWN LIMITTOWN LIMITTOWN LIMITTOWN LIMITTOWN OF TROPHY CLUBCITY OF SOUTHLAKE1701143773771701146789MAP GUIDE 1. Entrada Retail Corner Sales Office, Starbucks, Tower 2. Entrada Restaurant Row Restaurant 3. Entrada Block E, I, & J ResidenƟal Townhomes 4. Fire/EMS StaƟon Government Facility 5. Schwab Corporate Campus Office Campus 6. Granada ResidenƟal Development 7. Terra Bella ResidenƟal Development 8. Carlyle Court ResidenƟal Development 9. Quail Hollow ResidenƟal Development 10. Spec’s Retail This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP—OCTOBER 2018 CITY OF SOUTHLAKECITY OF KELLER LEGEND Subdivision Roads Arterial Roads Highways Building Completed Site Plan Submitted Building Permit Submitted Building Under Construction 1141705143233333333333333333337333310 Development Activities Status—October 2018ProjectNo.ProjectNameLand UseNumber of Lots/UnitsSizeDevelopment StatusPercentComplete*EstimatedCompletion 1Entrada Retail CornerRetail / Office4 ~50,000 s.f. Retail Corner under construction; Starbucks/ Tower ready to issue 25% Fall 2019 2Pedestrian Bridge / Restaurant RowBridge / Restaurant3A: 15,422 sfB/C: 22,414 sfUnder construction15%2019 3EntradaResidentialResidentialJ: 6 unitsI: 12 unitsE: 12/14 units2,700sf-4,500sfBlock J has 6/6 lots currently under constructionBlock I has 12/12 lots currently under constructionBlock E has 12/14 lots currently under construction4.66% Varies 4Fire/EMS StationGovernmentN/A5-acre siteUnder construction66%Early 2019 5 Schwab Campus Office 1,160,000sf 81 acres Phase 1 under construction60% Summer 2019 6Granada Phase IResidential4185 acresPhase I has 38/41 lots currently developed or under construction81.71%N/AGranada Phase II43Phase II has 21/43 lots currently developed or under construction31.40%7 Terra Bella Residential 28 54.7 acres 25/26 lots currently developed or under construction 86.54% N/A8Carlyle CourtResidential810.2 acres7/8 lots currently developed or under construction75%N/A9 Quail Hollow Residential 96 188 acres 3/96 lots under construction2.60% N/A10Spec’sRetail112,000 sfUnder construction15%2018/2019* % Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s ** Refer to Entrada Development Report for more info Entrada Retail Corner Restaurant Row Entrada Residential Fire Station Project Blizzard / Charles Schwab Granada Terra Bella / Carlyle Court Quail Hollow Spec’s Residential Subdivision Buildout—October 2018Subdivision NamePlat DateTotal LotsVacant LotsSize (Acres)Development StatusPercent CompleteBuilding Permits IssuedFinals IssuedAspen Lane/Shelby Estates 4/7/1981 80132.6Built-out100%88Carlyle Court3/7/20168110.2Under development75%75Entrada 12/14/2015 322 292 85.9 Under development 4.66% 30 0Glenwyck Farms3/13/2000840104.3Built-out100.00%8484Granada Phase I 6/17/2013 41 384.3 Under development81.71% 38 29Granada Phase II 12/12/2016 43 2331.40%207Knolls at Solana-565662.5Conceptual0.00%00Mahotea Boone 12/9/1977 14 0 31.6 Built-out 100.00% 1414Paigebrooke3/8/20046220.3Under development66.67%44Quail Hollow 3/28/2016 96 91 188.3 Under development 2.60% 5 0Stagecoach8/16/197147655.5Mostly built-out86.17%4140Terra Bella 11/11/2008 26 1 54.8 Under development 86.54% 25 20Vaquero3/27/200029632510Mostly built-out86.82%264250Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 84.62% 11 11Other/Miscellaneous-211-Mostly built-out90.48%20181,081 510 1,362.7 48.66% 567 485 Block J Block I Block I (Piedra Court) SP | Ord 847 | 2-26-18 Gas Well Pad Site SP | Ord 778 | 3-28-16 Block P Block M Block H Block G Block F Block L Sales Office Block D Primrose CVS Amphitheater SP | Ord 777 | 03-28-16 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 RP | Res 18-10 | 2-26-18 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16 Block DPlaza Mayor SP | Ord 854 | 5-21-18 Chapel / Reception Hall SP | Ord 853 | 4-30-18 Phase 2 DP | Ord 830 | 06-19-17 Block E BUILDING LEGEND Site Plan Received Site Plan Approved Building Permit Received Building Under Construction Building Completed Block C Entrada Status Map — October 2018 Development Activities Status—October 2018Project NameNumber of Lots/UnitsSizeContractorDevelopment StatusEstimatedCompletion CVS Pharmacy113,378 sfWurzel BuildersCompletedFebruary 2017 Primrose Daycare112,460 sfCooper General ContractorsCompletedMay 2017 Entrada Sales Center13,463 sfCrescent Custom Homes CompletedJune 2018 Entrada Retail Corner3Retail Office: 43,336 sfStarbucks: 2,834 sfRetail 1: 1,370 sfDiesel Design BuildUnder constructionFall 2019 Entrada Residential Block J6~4,500 sf eaCalais Custom Homes Under construction; 3 units nearing completionVariesEntrada Residential Block E14~5,000 sf eaCrescent Custom HomesUnder construction; 3 units nearing completionVariesEntrada Residential Block I 12 ~3,600 sf ea Pentavia Custom Homes Under construction VariesPedestrian Bridge1-Crescent Custom HomesUnder construction2019Gas Pad Parking Garage1148,398 sfDiesel Design BuildUnder construction2019Restaurant Row3A: 15,422 sfB/C: 22,414 sfCrescent Custom HomesUnder construction2019Chapel & Reception Hall2Chapel: 3,207Reception Hall: 14,418 sfCrescent Custom HomesBuilding permit ready to issue2019Entrada Plaza Mayor4Hotel: 95,048 sfCondo A: N/ACondo B: 131,571 sfParking Garage: 120,912 SFTri-ArcBuilding plans under review; site work under construction2020 Town of Westlake'sBuilding Permit - Monthly ReportMonth of October, 2018Project Number Project TypeFull Address Permit Issued Date Owner Name Tenant NameContractorBusiness Name Square FootageValueRMDLC - 18 -0281CommercialRemodel Permit(C)1 Destiny WayWestlake, TX7626210/03/2018FMR Texas I LLCPacific BuildersIncorporated1,321$350,000.00RMDLC - 18 -0290CommercialRemodel Permit(C)The Terrace atSolana1500 Solana Blvd.Bldg. No. 4 Suite4300Westlake, TX7626210/15/2018BRE Solana, LLCGooseheadInsuranceScott and Reid15,495$975,000.00RMDLC - 18 -0291CommercialRemodel Permit(C)Solana Terrace1500 Solana Blvd.Bldg. No. 4 Suite4200Westlake, TX7626210/15/2018BRE Solana, LLCScott and Reid21,379$700,000.00Commercial Remodel Permit (C)MYGOV.USTown of Westlake | Building Permit - Monthly Report | Printed 11/16/2018 at 10:58 AMPage 1 of 6 Total Value$2,025,000.00(Avg.: $675,000.00)Total Square Footage38,195.00(Avg.: 12,731.67)Permits Issued:3FENCE-18-0301Fence Permit /Retaining Wall2238 BarcelonaCt.Westlake, TX7626210/12/2018Ramy Ayad KendaRamirezAce Fence - DFW$6,000.00FENCE-18-0292Fence Permit /Retaining Wall1905 GaillardiaCt.Westlake, TX7626210/08/2018David EisenTejas Stone Works$33,000.00Fence Permit / Retaining WallTotal Value$39,000.00(Avg.: $19,500.00)Total Square Footage0.00(Avg.: 0.00)Permits Issued:2IRR - 18 - 0177Irrigation Permit(R)1686 Carlyle Ct.Westlake, TX7626210/02/2018Felix VasquezDina VasquezTexasLandsculpture$9,000.00IRR - 18 - 0296Irrigation Permit(R)2005 NavasotaCoveWestlake, TX7626210/26/2018Oakley Tori L TRPine ValleyLandscapes$26,000.00Irrigation Permit (R)Total Value$35,000.00(Avg.: $17,500.00)Total Square Footage0.00(Avg.: 0.00)Permits Issued:2MYGOV.USTown of Westlake | Building Permit - Monthly Report | Printed 11/16/2018 at 10:58 AMPage 2 of 6 HVACR - 18 -0293Mechanical Permit(R)1708 Oak GlenLn.Westlake, TX7626210/09/2018Fabrico SolorioMichelle SolorioEnergy WSolutions (dbaEnergyWise)$30,000.00Mechanical Permit (R)Total Value$30,000.00(Avg.: $30,000.00)Total Square Footage0.00(Avg.: 0.00)Permits Issued:1MISCC - 18 - 0306MiscellaneousPermit (C)1301 Solana Blvd.Bldg. No. 1 Suite1440Westlake, TX7626210/30/2018HMC Solana, LLCPipeline PlasticsInfassure$2,000.00Miscellaneous Permit (C)Total Value$2,000.00(Avg.: $2,000.00)Total Square Footage0.00(Avg.: 0.00)Permits Issued:1SFR - 18 - 0266New Single FamilyHome Permit (R)1814 High CountryDr.Westlake, TX7626210/10/2018Joe HawkinsJanice HawkinsBarcusConstructionManagement9,712$2,000,000.00SFR - 18 - 0282New Single FamilyHome Permit (R)1521 MeanderingWay Dr.Westlake, TX7626210/17/2018MG Luxury HomesMG Luxury Homes11,130$1,500,000.00SFR - 18 - 0284New Single FamilyHome Permit (R)1714 Post Oak Pl.Westlake, TX7626210/26/2018Israel BernalPentavia CustomHomes8,782$2,400,000.00SFR - 18 - 0289New Single FamilyHome Permit (R)1115 Post Oak Pl.Westlake, TX10/31/2018Jason & MichelleWittenSCH Homes14,300$4,300,000.00MYGOV.USTown of Westlake | Building Permit - Monthly Report | Printed 11/16/2018 at 10:58 AMPage 3 of 6 76262SFR - 18 - 0294New Single FamilyHome Permit (R)1608 MeanderingWay Dr.Westlake, TX7626210/31/2018Jim and BarbaraLentzSCH Homes10,701$3,900,000.00New Single Family Home Permit (R)Total Value$14,100,000.00(Avg.: $2,820,000.00)Total Square Footage54,625.00(Avg.: 10,925.00)Permits Issued:5PLMBR - 18 -0305Plumbing Permit(R)5967 MahoteaBoone Trl.Westlake, TX7626210/26/2018Aslam MobeenTexas ResidentialPlumbing$8,000.00Plumbing Permit (R)Total Value$8,000.00(Avg.: $8,000.00)Total Square Footage0.00(Avg.: 0.00)Permits Issued:1POOL - 18 - 0295Pool Permit2222 BarcelonaCt.Westlake, TX7626210/18/2018Vamsi BollineniAdventure CustomPools623$25,000.00POOL - 18 - 0297Pool Permit2005 ValenciaCoveWestlake, TX7626210/19/2018Peter MichelsenRachel MichelsenClaffey Pools1,019$70,000.00Pool PermitTotal Value$95,000.00(Avg.: $47,500.00)Total Square Footage1,642.00(Avg.: 821.00)MYGOV.USTown of Westlake | Building Permit - Monthly Report | Printed 11/16/2018 at 10:58 AMPage 4 of 6 Permits Issued:2ACCR - 18 - 0258ResidentialAccessory Permit(R)2001 CordobaCoveWestlake, TX7626210/23/2018SarsharJC CustomRemodeling800$100,000.00ACCR - 18 - 0299ResidentialAccessory Permit(R)2005 ValenciaCoveWestlake, TX7626210/19/2018Peter MichelsenRachel MichelsenClaffey Pools240$18,000.00Residential Accessory Permit (R)Total Value$118,000.00(Avg.: $59,000.00)Total Square Footage1,040.00(Avg.: 520.00)Permits Issued:2RMDLR - 18 -0171ResidentialRemodel Permit(R)2102 Cedar ElmTerr.Westlake, TX7626210/24/2018Wheat Douglas DPentavia CustomHomes178$40,000.00RMDLR - 18 -0172ResidentialRemodel Permit(R)2102 Cedar ElmTerr.Westlake, TX7626210/24/2018Wheat Douglas DPentavia CustomHomesRMDLR - 18 -0173ResidentialRemodel Permit(R)2102 Cedar ElmTerr.Westlake, TX7626210/24/2018Wheat Douglas DPentavia CustomHomes1,000$960,000.00Residential Remodel Permit (R)Total Value$1,000,000.00(Avg.: $333,333.33)Total Square Footage1,178.00(Avg.: 392.67)Permits Issued:3MYGOV.USTown of Westlake | Building Permit - Monthly Report | Printed 11/16/2018 at 10:58 AMPage 5 of 6 SIGN - 18 - 0304Sign PermitThe Vaquero Club2300 VaqueroClub Dr.Westlake, TX7626210/23/2018The Vaquero ClubIncGully Construction14$9,000.00SIGN - 18 - 0274Sign Permit1501 Solana Blvd.2320 Sam SchoolRdWestlake, TX7626210/11/2018WilbowCorporationFirst GraphicServices32SIGN - 18 - 0302Sign Permit1301 Solana Blvd.Westlake, TX7626210/17/2018HMC Solana, LLC12Sign PermitTotal Value$9,000.00(Avg.: $3,000.00)Total Square Footage57.50(Avg.: 19.17)Permits Issued:3TOTALS:Square Footage:96,737.50(Avg.: 4,030.73)Value:$17,461,000.00(Avg.: $727,541.67)Total Projects:25Permits Issued:25MYGOV.USTown of Westlake | Building Permit - Monthly Report | Printed 11/16/2018 at 10:58 AMPage 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 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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 this chapter: Short Term Rental regulations d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation - Town Manager search process Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting Town Council Item # 7 – Council Recap / Staff Direction Town Council Item # 8 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.  Westlake Municipal Offices CLOSED in Observance of the Thanksgiving holidays Thursday & Friday, November 22-23, 2018 -Wishing you and your family a safe and happy Thanksgiving time together from Town Hall! **Trash & Recycling Services are shifted this week to Saturday, November 24. Collections will NOT occur on Friday, Nov. 23, but are delayed one day.  Planning & Zoning Work Session/Meeting Monday, November 26, 2018; 4:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Town Council Work Session/Meeting Monday, November 26, 2018; 5:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Annual Community Tree Lighting Thursday, November 29, 2018; 6:00 – 8:00 pm Solana Plaza, 1301 Solana Boulevard -Please join the Westlake community as we kick off the giving season together with family, friends, & neighbors- stay a little or a lot, but come on out to our hometown holiday celebration and help support your community! **Fire-EMS Department will be on-site collecting toys & food pantry items once again for those children & families less fortunate through Christmas is for Children! After the Tree Lighting, you may also drop off any donations at the current Fire Station (not the new one…yet!) through December 21.  Coffee & Conversation with the Mayor/Board President Monday, December 3, 2018; 8:00 – 9:30 am Marriott Solana Hotel – Great Room  Board of Trustees Work Session/Meeting Monday, December 3, 2018* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Westlake Academy Danish & Dialogue w/school leaders Thursday, December 6, 2018; 8:00 am – 9:00 am WA Campus – Sam & Margaret Lee Fieldhouse Classroom -Open to all Westlake & WA parents/grandparents: current and for those considering or wanting to learn more about our community’s charter school. Check out this month’s topic: How to help your students manage IB stressors.  Town Council Work Session/Meeting Monday, December 10, 2018* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Westlake Academy CLOSED for Winter Break Friday, December 21 through Monday, January 7, 2019  Westlake Municipal Offices CLOSED in Observance of the Christmas holidays Monday & Tuesday, December 24-25, 2018 -Wishing you and your family Merry Christmas and Happy Holidays from Town Hall! **Trash & Recycling Services are shifted this week to Saturday, December 29. Collections will NOT occur on Friday, Dec. 28, but are delayed one day. Town Council Item # 2 – Items of Community Interest Looking ahead to the 2019 New Year…  Westlake Municipal Offices CLOSED in Observance of the New Year’s Day holiday Tuesday, January 1, 2019 Wishing you and your family a safe and Happy New Year from Town Hall! **Trash & Recycling Services are shifted this week to Saturday, January 5. Collections will NOT occur on Friday, Jan. 4, but are delayed one day.  Coffee & Conversation with the Mayor/Board President Monday, January 7, 2019; 8:00 – 9:30 am Marriott Solana Hotel – Great Room  Board of Trustees Work Session/Meeting Monday, January 7, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Town Council Work Session/Meeting Monday, January 7, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Westlake Academy Staff & Students Return Monday, January 7, 2019 – Staff return Tuesday, January 8, 2019 – Students return  Westlake Historical Preservation Society (WHPS) Board Meeting Tuesday, January 8, 2019; 6:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Westlake Academy Class of 2018 Alumni Reunion & IB Diploma Programme Ceremony Thursday, January 10, 2019; 1:45 pm (Program only) WA Campus- Gym *For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. CITIZEN COMMENTS: 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 Council Item # 3 – Citizen Comments 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 on October 29, 2018. b. Consider approval of Resolution 18-43, Approving the 2019 Meeting Schedule. c. Consider approval of Resolution 18-44, Approving the renewal of United Health Care as the Town’s health and vision insurance carrier and approving renewal of Metlife as the Town’s dental insurance carrier for the 2019 calendar year. d. Consider approval of Resolution 18-45, Adopting Town of Westlake’s Legislative Priorities for the 2019 Texas Legislative Session. e. Consider approval of Resolution 18-46, approving the acceptance of the generous gift to assist in funding of the PYP Science Programme, by the Davidson family in honor of their late son Sawyer Davidson. f. Consider approval of Resolution 18-47, approving the naming of the PYP Science Lab as the Sawyer Davidson PYP Science Lab, in honor of Sawyer Davidson. Town Council Item # 4 – Consent Agenda Town Council Minutes 10/29/18 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING October 29, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Greg Goble, Carol Langdon, and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Matthew Butler, Dr. Mechelle Bryson, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Director of Public Works Jarrod Greenwood, Development Coordinator Nick Ford, Director of Facilities & Parks Troy Meyer, Communications Manager Jon Sasser, Director of Human Resources and Administrative Services Todd Wood and Management Intern Kirk McDaniel. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:10 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 10/29/18 Page 2 of 7 3. DISCUSSION ITEMS a. Presentation and discussion regarding Short Term Rental property regulation. Town Manager Brymer and Management Intern McDaniel provided a presentation and overview of Short Term Rental (STR) property regulations. Discussion ensued regarding comparisons of the surrounding municipalities, hotel occupancy tax rates, current STR locations in the Town, Stagecoach residents concerns due to the subdivision being an airpark with an active runway, and Home Owners Associations (HOA) regulations. Discussion also ensued, regarding zoning, the current case in Grapevine, regulatory issues, corporate relocations, corporate owned residential property, and 30 day time frame. Mayor Wheat allowed Stagecoach residents Buddy Brown, Jerry Johnson, and Brad Swearingen to provide input regarding this item. Jeff Watson, Vaquero, provided information regarding rentals in Vaquero, and how they are addressed by the Home Owners Associations (HOA) and Covenants, Conditions & Restrictions (CCRs). b. Presentation and discussion regarding the proposed 2019 Meeting Calendar. Town Secretary Edwards provided a presentation and overview of the 2019 Meeting Calendar. Discussion ensued regarding a joint meeting with the Planning & Zoning Commission once or twice a year to provide a community development update. c. Presentation and discussion regarding the use of golf carts within the community. Assistant Town Manager DeGan, Captain Talkington, and Officer Happ provided a presentation and overview of the item. Discussion ensued regarding enacting Section 551, of the Transportation Code, number of citations issued, and current law requiring a licensed driver operating the golf cart. Mayor Wheat allowed Ms. Dempsey, resident on Mahotea Boone, to discuss her use of a golf cart to take and pick up her children at the Academy. d. Presentation and discussion regarding the Texas Department of Transportation (TxDOT) proposal of continuous frontage roads, including ramp and intersection Town Council Minutes 10/29/18 Page 3 of 7 improvements along State Highway 114 from FM 1938 (Davis Boulevard) to Dove Road in Tarrant County. Town Manager Brymer and Director Greenwood provided a presentation and overview of the TxDOT proposal. e. Presentation and discussion regarding Legislative 2019 priorities. Town Manager Brymer and Management Intern McDaniel provided a presentation and overview of the Legislative 2019 priorities. Discussion ensued regarding the required wording of the tax rate notice, Mayor Wheat meeting with Representative Capriglione, and adding the priorities to the consent agenda in November. f. Standing Item: Presentation and discussion of development projects per Staff report September 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided a presentation and overview of the following developments: Entrada, Fire Station No. 1, Granada, and Quail Hollow. 4. EXECUTIVE SESSION Council 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 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada 5. RECONVENE MEETING 6. COUNCIL RECAP / STAFF DIRECTION Town Council Minutes 10/29/18 Page 4 of 7 Follow up regarding an ordinance providing for Short Term Rentals regulations, Communicating the Golf Carts requirements, proposing an amendment to language used for Tax increase, and reviewing the design standards for drainage or increasing the standards. 7. ADJOURNMENT Mayor Wheat adjourned the work session at 6:58 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 7:11 p.m. 2. ITEMS OF COMMUNITY INTEREST Manager Sasser provided an overview of the upcoming events. 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on September 24, 2018. b. Consider approval of the minutes from the meeting on October 2, 2018. c. Consider approval of Resolution 18-40, Approving and authorizing the Town Manager to enter into an agreement for the purchase of a new ambulance with Frazer, Sterling McCall FordFrazer LTD through HGAC. d. Consider approval of Resolution 18-41, Approving a Request for Qualifications (RFQ) Document to be Utilized to Solicit Submission of Qualifications from Interested Artists to be Considered for Development of a Public Art Piece to be Located at the Northwest Corner of Davis Boulevard (FM 1938) and Dove Road on the New Fire Station Site. e. Consider approval of Resolution 18-42, Approving a Contract with Stantec for Architectural Planning Services Related to Master Facility Planning for Westlake Academy. MOTION: Council Member Belvedere made a motion to approve the consent agenda. Council Member Goble seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 10/29/18 Page 5 of 7 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 869, APPROVING CONCEPT/ DEVELOPMENT PLAN AND SITE PLAN AMENDMENT TO INCLUDE APPROVAL OF THE SCHWAB PHASE TWO CAMPUS CONSTRUCTION FOR AN APPROXIMATELY 81.06-ACRE AREA OF PLANNED DEVELOPMENT DISTRICT NUMBER 3-5B (PD 3-5B). THE PROPERTY IS GENERALLY LOCATED SOUTH OF STATE HIGHWAY 170, NORTH OF J.T. OTTINGER ROAD, AND WEST OF WESTLAKE PARKWAY. Mayor Wheat read both items 5 and 6 regarding the Charles Schwab development together. Director Ruthven provided an overview of both items 5 and 6 of the agenda. He provided a memo regarding the Traffic Impact Analysis for item 6 and stated a revision to the parkland acreage calculation in the proposed ordinance. Mrs. Katie Blair, Charles Schwab, provided a presentation and overview of Phase Two. Discussion ensued regarding sign details being cohesiveness with the retail development and any possible drainage issues. Mr. Russell Laughlin, Hillwood, provided an overview of the intersection of Schwab Way, JT Ottinger, and Highway 170. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Goble made a motion to approve Ordinance 869. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 10/29/18 Page 6 of 7 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 870, A CONCEPT/DEVELOPMENT PLAN FOR SCHWAB WAY ON AN APPROXIMATELY 52.87-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT NUMBER 3-5A (PD 3-5A). THE PROPERTY/ROADWAY IS GENERALLY LOCATED SOUTH OF AND ALONG STATE HIGHWAY 170 AND STATE HIGHWAY 114, BETWEEN JT OTTINGER ROAD, AND THE SOUTHERN TERMINUS OF TROPHY LAKE DRIVE. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Ordinance 870. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 871, APPROVING A SITE PLAN AMENDMENT FOR AN APPROXIMATELY 309.305 ACRE AREA OF PLANNED DEVELOPMENT DISTRICT 2 (PD 2) IN ORDER TO CONSTRUCT A FIDELITY INVESTMENTS SIGN AT THE SOUTHEAST CORNER OF STATE HIGHWAY 114 AND WESTLAKE PARKWAY. THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF STATE HIGHWAY 114, BETWEEN DAVIS BOULEVARD AND WESTLAKE PARKWAY. Director Ruthven provided an overview of the item. Mr. Scott Orr, Fidelity Investments, provided an overview of the request. 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 871. Council Member Goble seconded the motion. The motion carried by a vote of 5-0. 8. EXECUTIVE SESSION Council 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: Town Council Minutes 10/29/18 Page 7 of 7 a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada 9. RECONVENE MEETING 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 11. FUTURE AGENDA ITEMS No additional discussion required. 12. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 8:00 p.m. APPROVED BY THE TOWN COUNCIL ON NOVEMBER 26, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Consider approval of a Resolution adopting the 2019 Meeting Schedule of the Town Council and Board of Trustees. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 29, 2018 Completion Date: November 26, 2018 Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) 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. There are 3 days it will be necessary to conduct both a Council and Trustee meeting. Staff considers several factors as we prepared the 2019 meeting calendar, including national holidays, school holidays, school graduation, early voting, the May election and the canvass, Planning & Zoning meetings and annual training conferences. Due to the increase in Page 2 of 2 development over the recent years, we have found it is necessary to schedule a Planning & Zoning meeting each month prior to the Town Council meeting. RECOMMENDATION Approve the 2019 Meeting Calendar. ATTACHMENTS Resolution 2019 Meeting Calendar Resolution 18-43 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-43 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ESTABLISHING REGULAR MEETING DATES AND PROCEDURES; SETTING THE 2019 MEETING DATES OF THE TOWN COUNCIL AND BOARD OF TRUSTEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Texas Local Government Code allows the governing body of a general law municipality to establish regular meetings of the governing body by the passage of a resolution; and WHEREAS, the Town Council finds that it is in the best interest of the Council and the Town’s residents that the Council shall establish regular meetings at a convenient date, time, and place; and WHEREAS, the 2019 available regular meeting dates are hereby established in accordance with attached Exhibit “A”; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake, Texas, and Westlake Academy Board of Trustees shall conduct regularly scheduled meetings on dates and times as established by the Town Council. All Mondays shall be established as a day available for regular meetings as needed. Special meetings shall be called in accordance with Section 22.038(b) of the Texas Local Government Code. Meetings shall be held at the Town Hall offices located at 1500 Solana Boulevard, Bldg. 7, Ste. 7100, Westlake, Texas 76262, or a meeting room close by, or another location designated by the Town in the meeting notice. The exact time of each meeting will be determined prior to the notice of said meeting. SECTION 3: The Town Council hereby sets the 2019 regular meeting schedules as shown in the attached Exhibit “A”. Resolution 18-43 Page 2 of 2 SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26th DAY OF NOVEMBER 2018. ___________________________________ Laura Wheat, Mayor ATTEST: ___________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________________ L. Stanton Lowry, Town Attorney January 2019 1 February 2019 2 March 2019 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 5 1 2 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 31 April 2019 4 May 2019 5 June 2019 6 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 July 2019 7 August 2019 8 September 2019 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 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 Giving Day 3rd Thursday October 2019 10 November 2019 11 December 2019 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 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 School Board School & Town Holiday Budget / Meeting Retreats Town Council School Holiday Town Holiday New Council/BOT Orientation Election Day /First/Last Day School Planning & Zoning Meetings Special Meeting to Canvass Returns Town of Westlake Meeting Schedule Resolution 18-43 Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Consider approval of a Resolution approving United HealthCare as the Town’s Health and Vision insurance carrier and MetLife as the Town’s dental insurance carrier for 2019. STAFF CONTACT: Todd Wood, Director of HR & Administrative Services Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Attract, Recruit, Retain & Develop the Highest Quality Workforce Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 1, 2019 Completion Date: December 31, 2019 Funding Amount: TBD Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff recently issued a Request for Proposal (RFP) for our annual health and vision insurance plan, effective January 2019 through December 2019. The Town received bids from five (5) insurance carriers, and these bids were evaluated using criteria from our employee benefit survey to determine the best selection. Factors that were considered included the following: Page 2 of 2 • Premium cost (employer and employee) • Coverage for major items and preventative care • Provider Network Quality • Schedule of Plan benefits • Stability/experience of the company providing the insurance • Out-of-pocket expense exposure to employee The options included plans from Blue Cross/Blue Shield, TML, Humana, United Health Care, and Scott & White. The Municipal Leadership Team recently met to discuss these health plan options. The team felt it was important to maintain a proper balance between providing the best coverage that meets our needs while exercising fiscal responsibility during the selection process. The renewal of our current health plan from United Health Care reflected a rate increase of 0.7%, which represents the aggregate rate change of the three plan options. This is the lowest renewal increase the that has been received in nearly ten years. After review of this bid and those from other carriers, staff recommends continuing with United Health Care as our health insurance provider. The Town’s estimated annual cost for this coverage is $564,868. The total annual estimated cost of the plan, including employee contributions for dependent coverage, is estimated to be $669,486. Dental insurance was also evaluated, utilizing quotes from our current carrier as well as the quotes that were included with health insurance bids. After evaluation of these bids, staff recommends retaining the current dental plan with MetLife, which has no rate increase for 2019. The Town’s estimated annual cost for this coverage is $29,138. The total annual estimated cost of the plan, including employee contributions for dependent coverage, is estimated to be $37,596. RECOMMENDATION Staff recommends approving the resolution of United HealthCare as the Town’s Health and Vision insurance carrier and MetLife as the Town’s Dental insurance carrier for 2019. ATTACHMENTS Resolution Resolution 18-44 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 18-44 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING RENEWAL OF UNITED HEALTH CARE AS THE TOWN’S HEALTH AND VISION INSURANCE CARRIER AND APPROVING RENEWAL OF METLIFE AS THE TOWN’S DENTAL INSURANCE CARRIER FOR THE 2019 CALENDAR YEAR. WHEREAS, the Town of Westlake desires to maintain a comprehensive health and dental insurance benefits for its employees that is competitive to surrounding cities; and, WHEREAS, the leaders of the Town of Westlake desire to exercise exceptional levels of stewardship with all financial resources; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the renewal of United Health Care as the Town’s health and vision insurance carrier for a twelve (12) month period, beginning January 1, 2019, with an estimated annual employer cost of $564,868. SECTION 3: That, the Town Council of the Town of Westlake, Texas, hereby approves the renewal of MetLife as the Town’s health and vision insurance carrier for a twelve (12) month period, beginning January 1, 2019, with an estimated annual employer cost of $29,138. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-44 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26TH DAY OF NOVEMBER 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor _______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Consideration of a Resolution Adopting Town of Westlake’s Legislative Priorities for the 2019 Texas Legislative Session. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 29, 2018 Completion Date: November 26, 2018 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In 2019 the Texas Legislature will meet to discuss many proposed bills and enact new laws. Many of these bills can have significant effects on municipal and academic operations. Previously, the Council has determined that the best way for the Town to exercise its voice in the State legislative process was to authorize a list of legislative priorities and opinions that the Page 2 of 2 Council determines is in the best interest of the community. Staff has worked to develop a draft set of legislative priorities for the 2019 State Legislative Session. Staff reviewed this draft of Westlake’s State legislative priorities with the Council at its October 29, 2019 workshop. This set of Westlake legislative priorities would provide Staff direction in responding to bills that are being proposed in the 2019 Legislature. Additionally, these legislative priorities, if adopted by this resolution, will be shared with our legislative delegation and the Texas Municipal League to advise them on issues which are considered by the Council to be critical to the Town’s success. RECOMMENDATION Recommend adoption of this resolution approving this set of Town priorities for the 2019 Legislative Session. If there is interest in pursuing a specific bill during the 2019 Session, Staff recommends working with the Town Attorney and our State Representative on drafting language for a proposed State bill. This bill drafting should occur in the near term. ATTACHMENTS 1. Resolution adopting Town priorities for the 2019 State Legislative Session (legislative priorities are attached as an exhibit to this resolution). Resolution 18-45 Page 1 of 6 TOWN OF WESTLAKE RESOLUTION 18-45 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE TOWN’S LEGISLATIVE PRIORITIES FOR THE 2019 TEXAS LEGISLATIVE SESSION. WHEREAS, the Texas Legislative will convene in regular session in January 2019; and, WHEREAS, the Westlake Town Council (Town Council) recognizes its role as a local government governing body includes monitoring and providing input to our legislative delegation and other legislators regarding the numerous bills filed during this session as to how they may impact the Town of Westlake (Town); and, WHEREAS, the Town Council has determined that preparing legislative priorities is useful in achieving that end, as well as providing guidance to Town Staff on proposed legislation as it pertains to positions the Town may wish to take on various proposed bills; and, WHEREAS, the Town Council also recognizes that sharing these legislative priorities with our Legislative Delegation and other legislators (as deemed appropriate) is helpful in establishing dialogue and communication with them during the Legislative Session; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, by approval of this resolution, hereby approves the attached Exhibit “A” to this resolution setting out the Town’s legislative priorities for the 2019 Texas Legislative Session. 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 18-45 Page 2 of 6 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26TH DAY OF NOVEMBER, 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 18-45 Page 3 of 6 Exhibit A TOWN OF WESTLAKE LEGISLATIVE PRIORITIES FOR THE 2019 TEXAS STATE LEGISLATIVE SESSION The Town of Westlake (Town) recognizes that as a local government, it is subordinate to the Texas State Government (State) and, as a general law city, may only operate in the manner permitted by State law. The Town further recognizes that its role as a local government must be one of effective service delivery and local regulation in order to meet the responsibilities delegated and entrusted to it by the State. This delegation by the State is decades old and represents a trust between State and local government. In addition, it reflects the long held understanding between State and local governments, that local government plays a key role in complimenting and advancing the State’s quality of life, progress, and economic well-being. To provide guidance to Town Staff, who on behalf of the Town monitors bill filings during a legislative session (the Session), the Town Council provides the following positions to take with our legislative delegation regarding legislation proposed during the 2019 Session: Support Education • The Town supports legislation which further strengthens and empowers the State to additionally fund charter schools and to continue to allow Texans to choose charter schools as the preferred public school option for their child. • The Town supports legislation which increases State funding of teacher pay in Texas. • The Town supports legislation which increases State public education funding on a per student basis through State public education funding programs such as the Foundation School Program (FSP) and the CET. • The Town supports legislation that would require any proposed public education policy, initiative, and/or legislation to be first rigorously reviewed by the Texas Education Agency (TEA) and the Legislature’s Budget Board. This review must identify, prior to filing of said legislation or pursuit of said policy, specific quantifiable, demonstrable, and measurable gains that will be achieved in students’ educational outcomes by the imposition of any new public education policy, initiative, and/or legislation, nor should it impose additional administrative burdens on school faculty and administrators. Finance • The Town supports the State’s current “Truth-in-Taxation Law” as it represents a time- tested and effective balance between transparency in property taxation, stewardship of property taxes, the ability to limit property tax increases, as well as a city’s ability to target new property tax revenues for projects that have been identified as a local priority. • Simplifies the effective tax rate calculation for notice purposes only, provided the legislation would have no effect on the underlying effective tax rate and rollback tax rate calculations themselves. Resolution 18-45 Page 4 of 6 • The Town supports legislation preventing the State from imposing new unfunded mandates. • The Town supports legislation that provides additional tools to local authorities for providing tax relief to the community, as appropriate for local conditions. Governance • The Town supports bills that strengthen local governance and high quality municipal service delivery. • The Town supports legislation that improves transparency to its citizens, including use of electronic media for public notices and other types of legal notices in lieu of print media. • The Town supports legislation that would provide municipalities with a mechanism to deal with dissolution of special districts in their boundaries. Transportation • The Town supports legislation that enhances transportation funding, and thus mobility, State-wide. • The Town supports legislation that provides for required improvement to contract administration by the Texas Department of Transportation (TxDOT) that would create savings for additional transportation projects (incentive contracts versus calendar day contracts), as well as reduce project construction time, thus reducing adverse impact on businesses located adjacent to TxDOT construction projects. • The Town supports legislation that requires TxDOT to notify any local government in which it has a planned or actual construction project to provide that local government with the opportunity to review and provide input on said project plans prior to completion of said plans and bid letting, and, to further provide to the local government in which the project is located, notice of bid dates for that project as well as the date and place of the pre-construction conference. Oppose Education • The Town opposes legislation which reduces funding for public schools in Texas. • The Town opposes legislation tying State funding to school performance goals. • The Town opposes legislation that reduces, through new State imposed limitations, a charter Board’s ability to make decisions for the charter school it governs. Finance • The Town opposes any legislations which moves to replace or alter the current property tax system including, but not limited to, placing a cap on property tax rates, capping appraisal value increases, or lowers the rollback threshold or the rollback rate at which an election is triggered; Resolution 18-45 Page 5 of 6 • The Town opposes any legislation which inhibits a local governments current ability to issue debt or modifies the current ad valorem system. • The Town opposes legislation limiting local government’s current economic development options. o This includes restricting funds from stadiums. o This includes restricting tax abatements. • The Town opposes legislation that requires local government to serve as the collection point and remitter (to the State) of new State fees and permits, and it opposes legislation that eliminates or reduces existing local government funding sources without providing a replacement funding source. • The Town opposes legislation that restricts a municipality’s ability to impose and collect municipal impact fees from new developments. • The Town opposes legislation that imposes any requirement to raise current State fees on local fines. • The Town opposes legislation that imposes new fees that result in the City collecting funds on behalf of the State. • The Town opposes legislation that lowers the rollback threshold or the rollback rate at which an election is triggered. • The Town opposes legislation that establishes new exemptions from or diminishes the City’s ability to collect sales or property taxes, or municipal fees, results in a significant reduction to the City’s tax base; or, restricts the City’s ability to issue debt as a means of funding its capital improvement program, or imposes unnecessary and costly burdens on the taxpayers to issue debt. Governance • The Town opposes legislation which dictates which sex can use which bathroom, as this is a local, not State issue. • The Town opposes legislation dictating what can be done with local property, including but not limited to any monuments, statues, lights, or other technology. • The Town opposes legislation pre-empting local governments on tree preservation. • The Town opposes legislation pre-empting local governments ability to regulate short term rentals. • The Town opposes legislation combining the roles of appraisal district directors with that of locally elected officials. • The Town opposes legislation transferring municipal elections onto a partisan basis. • The Town opposes legislation further restricting local government tree preservation ordinances. • The Town opposes legislation further preempting municipalities ability to regulate or not regulate small cell nodes. • The Town opposes legislation or rulings from the State or federal agencies that further preempts cities’ abilities to make decisions for themselves. Resolution 18-45 Page 6 of 6 • Erodes local land use authority by restricting the ability of cities to zone or rezone properties within its boundaries; • Restricts a city’s ability to adopt or amend zoning regulations, or otherwise creates a property right in a zoning classification; • Preempts the city from adopting development regulations it deems necessary for the preservation of the city’s quality of life (e.g., tree preservation); and/or, Transportation • The Town opposes any legislation which restricts local autonomy for transportation decisions, especially toll roads. • The Town opposes legislation which prevents cities from adopting red light camera ordinances. • The Town opposes legislation that further weakens the ability of a local government, on behalf of its residents and taxpayers, to control its rights-of-ways, streets, alleys, and easements. Page 1 of 3 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Consideration for Approval of a Resolution approving the acceptance of the generous gift to assist in funding of the PYP Science Programme, by the Davidson family in honor of their late son Sawyer Davidson. STAFF CONTACT: Troy Meyer, Director, Facilities Maintenance Strategic Alignment Westlake Academy Vision, Value, Mission Perspective Curriculum Outcome Objective Compassion and Understanding Academic Operations Primary Years Programme Improve Financial Stewardship Strategic Initiative Outside the Scope of Identified Strategic Initiatives Town of Westlake Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Financial Capacity / Reserves Strategic Initiative Comprehensive Plan Project Review Page 2 of 3 Town of Westlake Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications Strategic Initiative Educate Stakeholders about our Development and Environmental Goals Time Line - Start Date: November 26, 2018 Completion Date: February 28, 2019 Funding Amount: $25,000.00 Status - Funded Source - Contributions/Grants EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Westlake residents John & Kim Davidson and family lost their son and brother Sawyer Davidson to medulloblastoma brain cancer in December of 2016. Sawyer, who began his education as a Kindergartener at Westlake Academy had a passion for science which he enthusiastically shared with his classmates throughout his time at the school. Sawyer was always a beacon of light as he led his fellow students academically, consistently performing at the top of his class, not only in science, but in all subjects. After his passing, the Davidson’s were looking for a way to honor Sawyer for his deep love of science. In the fall of 2018, the PYP Programme was expanded to include a science lab located in the PYP II building. Mr. & Mrs. Davidson, knowing how much science meant to Sawyer, saw this as an opportunity to honor their son and make a positive impact on the Science Programme at Westlake Academy. They have generously offered to donate $25,000 to the Westlake Academy PYP Science Programme in Sawyer’s name. As a gesture of thanks, the Town of Westlake would name the lab the Sawyer Davidson PYP Science Lab. On the November 5, 2018 at the Board of Trustee meeting, the Board reviewed the Town Owned Facilities and Parks Policy. The Staff’s recommendation to the Board was to accept the $25,000.00 donation from the Davidson family and name the current PYP Science Lab in honor of Sawyer Davidson, and accommodating a move of the name should the lab relocate to another location on campus. The PYP plaque will be installed with the following name- Sawyer Davidson PYP Science Lab. Page 3 of 3 RECOMMENDATION Recommend approval of the Resolution approving the acceptance of the generous gift to assist in funding of the PYP Science Programme, by the Davidson family in honor of their late son Sawyer Davidson. ATTACHMENTS Resolution approving Resolution 18-46 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 18-46 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE ACCEPTANCE OF THE GENEROUS GIFT TO ASSIST IN FUNDING OF THE PYP SCIENCE PROGRAMME, BY THE DAVIDSON FAMILY IN HONOR OF THEIR LATE SON SAWYER DAVIDSON. WHEREAS, the Town Council (Council) desires to encourage support through utilization of private donation, gifts and other private funding sources to enhance the Westlake Academy programs; and, WHEREAS, the Council finds the acceptance of this generous gift for the PYP science program is in the best interest of the Town of Westlake and Westlake Academy and its citizens; and, WHEREAS, in addition to accepting this generous gift, the Council desires to approve the naming of the PYP Science Lab, which is currently located in the PYP II building at the Westlake Academy campus, and the meets the criteria of the Town Council’s Facilities Naming Policy; and, WHEREAS, the Council desires to name this the Sawyer Davidson PYP Science Lab; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby accepts this generous gift of $25,000.00 to the Town to be used for the PYP Science Program at the Westlake Academy and approves the naming the PYP Science Lab located in the PYP II Building at the Westlake Academy Campus as the Sawyer Davidson PYP Science Lab; all of which is in accordance with and meets the criteria of the Town Facilities Naming Policy: 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 18-46 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 NOVEMBER 2018. 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 3 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Consideration for Approval of a Resolution approving the naming of the PYP Science Lab as the Sawyer Davidson PYP Science Lab, in honor of Sawyer Davidson. STAFF CONTACT: Troy Meyer, Director, Facilities Maintenance Strategic Alignment Westlake Academy Vision, Value, Mission Perspective Curriculum Outcome Objective Compassion and Understanding Academic Operations Primary Years Programme Improve Financial Stewardship Strategic Initiative Outside the Scope of Identified Strategic Initiatives Town of Westlake Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Financial Capacity / Reserves Strategic Initiative Comprehensive Plan Project Review Page 2 of 3 Town of Westlake Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications Strategic Initiative Educate Stakeholders about our Development and Environmental Goals Time Line - Start Date: November 26, 2018 Completion Date: February 28, 2019 Funding Amount: $25,000.00 Status - Funded Source - Contributions/Grants EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Westlake residents John & Kim Davidson and family lost their son and brother Sawyer Davidson to medulloblastoma brain cancer in December of 2016. Sawyer, who began his education as a Kindergartener at Westlake Academy had a passion for science which he enthusiastically shared with his classmates throughout his time at the school. Sawyer was always a beacon of light as he led his fellow students academically, consistently performing at the top of his class, not only in science, but in all subjects. After his passing, the Davidson’s were looking for a way to honor Sawyer for his deep love of science. In the fall of 2018, the PYP Programme was expanded to include a science lab located in the PYP II building. Mr. & Mrs. Davidson knowing how much science meant to Sawyer saw this as an opportunity to honor their son and make a positive impact on the Science Programme at Westlake Academy. They have generously offered to donate $25,000 to the Westlake Academy PYP Science Programme in Sawyer’s name. As a gesture of thanks, the Town of Westlake will name the lab the Sawyer Davidson PYP Science Lab. On the November 5, 2018 Board of Trustee meeting the Board reviewed the Town Owned Facilities and Parks Policy. The Staff’s recommendation for the Board was to accept the $25,000.00 donation from the Davidson family and name the current PYP Science Lab in honor of Sawyer Davidson, as well as accommodating a move of the name should the lab relocate to another location on campus. The PYP plaque will be installed with the following name- Sawyer Davidson PYP Science Lab. Page 3 of 3 RECOMMENDATION Recommend approval of the Resolution approving the naming of the PYP Science Lab as the Sawyer Davidson PYP Science Lab, in honor of Sawyer Davidson. ATTACHMENTS Resolution Resolution 18-47 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 18-47 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE NAMING OF THE PYP SCIENCE ROOM AS THE SAWYER DAVIDSON PYP SCIENCE LAB, IN HONOR OF SAYWER DAVIDSON. WHEREAS, the PYP Science Lab is currently located in the PYP II building at the Westlake Academy campus; and, WHEREAS, the Westlake Town Council (Council) desires to name the PYP Science Lab in honor of the late Sawyer Davidson, a Westlake Academy student and part of the Westlake Academy “family”; and, WHEREAS, the Council desires to name this the Sawyer Davidson PYP Science Lab in honor of Sawyer, who had a passion for the subject of science; and, WHEREAS, the Sawyer Davidson PYP Science Lab name will move if in the future the PYP Science program changes location on the Westlake Academy Campus; and, WHEREAS, the Town Council desires to encourage support through utilization of private donation, gifts and other private funding sources to enhance Westlake Academy programs; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas, hereby names the PYP Science Lab located in the PYP II Building at the Westlake Academy Campus as the PYP Sawyer Davidson PYP Science Lab. 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 18-47 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 NOVEMBER 2018. 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 4 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, November 26, 2018 TOPIC: Conduct a public hearing and consider an ordinance amending Ordinance 855 conditions in order to increase the maximum number of condominium units from 126 units to 150 units and to modify the approved size and bedroom distribution of each unit. The property is located in the Plaza Mayor of the Entrada development generally located south of State Highway 114, east of Davis Boulevard, and north of Solana Boulevard. STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On May 21, 2018, the Town Council approved Ordinance 855 authorizing a Specific Use Permit for up to 126 condominium units to be located in the Plaza Mayor portion of the Westlake Entrada development. Mehrdad Moayedi, president of Centurion American, is requesting an amendment to Ordinance 855 (attached) in order add additional condominium units and to modify the size and bedroom distribution of the units. The building permit for the Plaza Mayor is currently under review. Page 2 of 4 The site plan for the Plaza Mayor was also approved by the Town Council on May 21, 2018 by Ordinance 854 (attached). A grading permit was issued in September for the site and the site is being prepared for imminent building construction. PROPOSED AMENDMENTS Exhibit A of Ordinance 855 shows floor plan and bedroom breakdowns for 120 condominium units as follows: Units Approved by Ordinance 855 Bedrooms Area* Units % of Total 1 BEDROOM 800 s.f. 12 10% 2 BEDROOM 2,975 s.f. 83 49% 3 BEDROOM 1,350 s.f. 25 21% TOTAL 120 units** NOTES: * The size threshold was not specified in the ordinance. Therefore, the assumption is that the size is a minimum unit size. ** A maximum of 126 units are allowed by Ordinance 855 The applicant is requesting to amend the above provisions as follows: Proposed Amendment to Ordinance 855 Bedrooms Area (Minimum) Area (Average) Units % of Total 1 BEDROOM 978 s.f. 1,010 s.f. 61 41% 2 BEDROOM 1,205 s.f. 1,468 s.f. 64 43% 3 BEDROOM 1,958 s.f. 2,371 s.f. 25 17% TOTAL 150 units According to the applicant, the change is being requested in order to secure the financing necessary to build all three sides of the Plaza Mayor, which will now include condominiums on two sides and a hotel on the third side. The applicant states that the proposed sizes are geared toward young professionals. The top floor will include larger units and penthouses while the lower floors will include the smaller units as broken down above. WESTLAKE ENTRADA RESIDENTIAL ANALYSIS A maximum of 322 residential units were approved for the Westlake Entrada development by Ordinance 703, which is the ordinance that approved the PD1-2 (Westlake Entrada) zoning district and contains the primary development regulations for Westlake Entrada. Ordinance 703 does not specify any details on condominiums and prescribes that the size, number and configuration for any condominium units shall be approved by a separate Specific Use Permit, provided the total number of units does not result in exceeding the 322 total units allowed within the development. To date, a total of 30 residential building permits have been issued in the development – all single family homes. If approved, the proposed SUP amendment would increase the total units Page 3 of 4 authorized for construction to 180 units (30 permitted, 150 condominiums units approved for permitting), leaving a remainder of 142 residential units available for future approval as authorized by Ordinance 703 and 852. Ordinance 852 (attached), amending Ordinance 703, limits the amount of residential units that may be constructed based on the amount of non-residential buildings that have been permitted, further stated as follows: “From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed such that the building foundations are completed, inspected and approved, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft of nonresidential use building space has been permitted for each additional Residential Unit permitted.” The 45,000 square foot threshold mentioned above has been met based on the final approval of the retail corner slab. Therefore, given these requirements the following spreadsheet demonstrates compliance with Ordinance 852 conditions based on the proposal by the applicant: Westlake Entrada Development Activity Non-Residential Building Permit Issued to date Building Area (s.f.) Status CVS Drugstore 13,741 Completed Primrose Academy 12,012 Completed Senderra Title Building 3,463 Completed Retail Corner Building 86,672 Framing Restaurant A 15,422 Framing Gas Well Pad Parking Garage 148,398 Site Grading Restaurant B & C 22,414 Slab Construction Total 276,369 *Total Residential Units Allowed Based on Permitted Non-Residential Square Footage: 184 Units Total Residential Proposed (150)/Permitted (30) 180 Units Difference +4 Units *Per Ordinance 852 conditions SUMMARY AND RECOMMENDATION The developer, Centurion American, requests an additional 24 condominium units be approved in order to secure the necessary financing to construct all three sides of the Plaza Mayor. The request also includes modified unit sizes and bedroom distributions. All other conditions contained in SUP Ordinance 855 would remain. Additionally, the request complies with the residential-to- commercial performance criteria contained in Ordinance 852. Therefore, staff recommends approval subject to all other existing provisions of Ordinance 855 not proposed for amendment remaining as currently written. Page 4 of 4 ATTACHMENTS 1. Ordinance 855 – Approving SUP for 124 Condominium Units 2. Ordinance 854 – Approving a Site Plan for the Plaza Mayor 3. Ordinance 852 – Approving Amendments to Ordinance 703 4. Ordinance for consideration TOWN OF WESTLAKE ORDINANCE NO. 855 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR 126 CONDOMINIUM UNITS LOCATED IN THE ENTRADA PLAZA MAYOR FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1 -2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. 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 municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD1 -2), also known as Entrada; and WHEREAS, On October 28, 2013 the Town Council approved Ordinance 720 establishing the Development Plan for Entrada; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on April 16, 2018, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the Town and its citizens that this PD Site Plan, depicted in "Exhibit A", should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Ordinance 855 Page 1 of 5 SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby approve the PD Site Plan shown as attached "Exhibit A" and located in PD 1-2 which is an approximately 85 -acre tract located south of Hwy 114, east of Davis Boulevard, and north of Solana Boulevard. The PD Site Plan shown on attached Exhibit A is approved subject to the following conditions: a) Fulfillment of all zoning requirements as set out in Ordinance 703 in addition to the conditions accepted by the Town Council at the time of zoning approval (April 22, 2013). b) All Development Plan conditions for approval established in Ordinance 720 (adopted October 28, 2013) apply to this PD Site Plan. c) The maximum number of units in the condominium for the Plaza Mayor is to be one - hundred twenty-six (126) units. d) The Condominium as depicted on the PD Site Plan of the Entrada Plaza Mayor shall have a minimum of 20% ground floor retail and restaurant area that has direct access to and from the plaza. Placement and size of this area within the condominium will be adequately determined before the issuance of building permits. e) At a minimum, the developer shall provide the following amenities for resident use to be contained within the condominium building: a. Swimming Pool b. Fitness Center c. Sauna Room d. Wine Lounge e. Business Center f. Concierge Service g. Media Room h. Wi-FI Access Minor modifications to any of the above amenities may be approved by the Town Manager or designee(s). f) An interior design package must be provided to the Town before the issuance of building permits. The package should include a detailed list of the amenities noted above and a description of fixtures, furnishings and materials. g) A building signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. The sign package must include the following: a. Building Fagade Signage b. Monument Signage c. Wayfinding Signage Ordinance 855 Page 2 of 5 h) Prior to the issuance of the Certificate of Occupancy for the Condominium building, a copy of the official recorded condominium regime document for this condominium that is filed with Tarrant County Clerk shall be provided to the Town Manager or designee and shall be kept in the official Town records. i) This SUP hereby grants the approval for the construction of a multistory, multi - occupancy residential structure that allows for individual ownership of each residential unit under a condominium regime as authorized by the State of Texas. This SUP shall automatically revoke and expire upon the occurrence of any of the following circumstances: (1) The building permit allowing the construction of the condominium building is not issued within one year after the approval date of this ordinance; (2) The use authorized by the SUP is abandoned for more than six consecutive months after either the expiration of the building permit, or, after the issuance of the certificate of occupancy; (3) Any change in use of this building to a use other than that described and authorized by this ordinance; (4) Failure to provide the official recorded copy of the condominium regime as described and conditioned herein. SECTION 3: 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 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: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 855 Page 3 of 5 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 21sT DAY OF MAY 2018. ATTEST: 1xi C11z t Kell; EdwarO own Secretary 7 Laura Wheat, Mayor li: 7 Thomas E. ry , Town Manager Ordinance 855 Page 4 of 5 Ordinance 855 Ordinance 855 Ordinance 855 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 603646 0003677882 TOWN OF WESTLAKE ORDINANCE NO. 855 A ORDINANCE NO 855 509.04 1 42.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE,TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ,Bid and Legal Coordinator for the Star-Telegram,published by TOWN OF WESTLAKE the Star-Telegram, Inc.at Fort NO. 855 AN ORDINANCE OF THE TOWN OF Worth, in Tarrant County,Texas;and PPROV ESTLAKE, FECAUS SEAPERM- who, after being duly sworn,did TO ALLOW FOR 126 CONDO- depose and say that the attached MINIUM UNITS LOCATED IN THE ENTRADA PLAZA MAYOR clipping of an advertisement was FOR A PORTION OF PLANNED paperpublishedintheabovenameda DEVELOPMENT DISTRICT 1, p p PLANNING AREA 2(PD1-2),ES- I on the listed dates: TABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERAL- LYSDE OFTEDHWYON 114, H EASTUTH OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COM- 1 Insertion(s) MONLY KNOWN AS WESTLAKE ENTRADA. PRO- VIDING A PENALTY; PROVID- Published On: INC A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY May 23,2018CLAUSE; PROVIDING A SAV- INGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTAB- LISHING AN EFFECTIVE DATE. SECTION 5: Any person,firm or corporation violating any of the provisions or terms of this ordi- nance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 52,000. 00) for each offense. Each day that a violation is per- mitted to exist shall constitute a rate offense. PASSF_DANDAPPROVEDONTHIS21.5T11. r0r-^14Y 2018. Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 25th day of May in the year of 2018 Notary Public-Deborah Bayr6r r. /` kVi DEBORAH JEAN BAYLOR i,:Notary Public,State of Texas 4r.; Comm. Expires 10-29-2019 0 Notary ID 13042344-2 Star-Te1egr1 Arlington Citizen-Journal 1 The Keller Citizen 1 La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.78102-63151800.778.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO 1 Amount Cols Depth 603648 0003722755 TOWN OF WESTLAKE ORDINANCE NO. 855 A 1 $0.00 1 42.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day TOWN OF WESTLAKE personally appeared CHRISTINE ORDINANCE NO. 855 LOPEZ, Bid and Legal Coordinator forANNOF WESTLAKE ORDINANCE TTEXAS F THE TAPPROV- the Star-Telegram,published by theINGASPECIFICUSEPERMIT TO ALLOW FOR 126 CONDO- Star-Telegram, Inc,at Fort Worth, in THEI MINIUM SPLAZA MAYORIN Tarrant County,Texas;and who,after DEVELOPMENTT OF PLANNEDTRIIbeing duly sworn,did depose and say PLANNING AREA 2(PD1-2), ES- that the attached clipping of anTABLISHEDBYORDINANCE703 FOR THE PROPERTY GENERAL- advertisement was published in theLYLOCATEDONTHESOUTH SIDE OF HWY 114, EAST OF above named paper on the listedDAVIS, AND NORTH OF SOLANA BOULEVARD, CoM- dates: MONLY KNOWN AS WESTLAKE ENTRADA. PRO- VIDING A PENALTY; PROVID- ING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTAB- 2 Insertion(s)LISHING AN EFFECTIVE DATE. SECTION 5: Any person, firm or corporation violating any of the Published On: provisions or terms of this ordi- nance shall be subject to the June 20,2018,June 21,2018samepenaltyasprovidedforin the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 2,000.00) for each offense. Each day that a violation is per-0"'1""ii. DEBORAH JEAN BAYLORmittedtoexistshallconstitutee:`•,&y,, a separate offense. PASSED e:`• Notary Public,State of TexasANDAPPROVEDONTHIS21ST1DAYOFMAY2018. c, Comm. Expires 10-29-2019 Ir•....•c+..o°F•C Notary ID 13042344-2 Shil2its_.Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 3rd day of July in the year of 2018 Notary Public-Deborah Baylor Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO I Amount Cols Depth 603646 0003722755 TOWN OF WESTLAKE ORDINANCE NO. 855 A 0.00 1 42. 00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day TOWN OF WESTLAKE personally appeared CHRISTINE ORDINANCE NO. 855 LOPEZ, Bid and Legal Coordinator for AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROV- the Star-Telegram,published by the ING A SPECIFIC USE PERMIT Star-Telegram,TO ALLOW FOR 126 CONDO gam, Inc.at Fort Worth, in THEIUM ENTRADASPLAZA MAYORLOCATEDITarrant County,Texas;and who,after FOR A PORTION OF PLANNED being duly sworn,did depose and sayDEVELOPMENTDISTRICT1, PLANNING AREA 2(PD1-2), ES- that the attached clipping of anTABLISHEDBYORDINANCE703 FOR THE PROPERTY GENERAL- advertisement was published in the LY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF above named paper on the listed DAVIS, AND NORTH OF dates:SOLANA BOULEVARD, COM- MONLY KNOWN AS WESTLAKE ENTRADA. PRO- VIDING A PENALTY; PROVID- ING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; AUTHORIZING 2 Insertion(s)PUBLICATION; AND ESTAB- LISHING AN EFFECTIVE DATE. SECTION 5: Any person, firm or corporation violating any of the Published On: provisions or terms of this ordi- nance shall be subject to the June 20,2018,June 21.2018 same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 2,000.00) for each offense. Each day that a violation is per- DEBORAH JEAN BAYLOR mitted to exist shall constitute a separate offense. PASSED n=Notary Public, State of Texas AND APPROVED ON THIS 21ST N: :._DAY OF MAY 2018. a Comm. Expires 10-29-2019 Notary ID 13042344-2 Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 3rd day of July in the year of 2018 Notary Public-Deborah Baylor TOWN OF WESTLAKE ORDINANCE NO. 854 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROVING A PLANNED DEVELOPMENT DISTRICT (PD) SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1 -2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. 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 municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD 1-2), also known as Entrada; and WHEREAS, On October 28, 2013 the Town Council approved Ordinance 720 establishing the Development Plan for Entrada; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on April 16, 2018, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the Town and its citizens that this PD Site Plan, depicted in "Exhibit A", should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby approve the PD Site Plan shown as attached "Exhibit A" and located in PD 1-2 which is an approximately 85 -acre tract located south of Hwy 114, east of Davis Boulevard, and north of Solana Boulevard, The PD Site Plan shown on attached Exhibit A is approved subject to the Ordinance 854 Page 1 of 6 following conditions: a) Fulfillment of all zoning requirements as set out in Ordinance 703 in addition to the conditions accepted by the Town Council at the time of zoning approval (April 22, 2013). b) All Development Plan conditions for approval established in Ordinance 720 (adopted October 28, 2013) apply to this PD Site Plan. c) All building elevations shown on this PD Site Plan include the requirement that structures meet all aspects of the Entrada Design Guidelines established by Ordinance 703 and Ordinance 760. d) Town Staff will review and approve an exterior stone wall mockup and exterior wall stucco mockup to ensure compliance with the approved Entrada Design Guidelines (Ordinance 760) prior to the issuance of building permits. Plans for building construction shall include reference approved mock ups or already established buildings. A mock-up that includes all building materials for each building must be approved by the Town Manager or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. e) If, at any time, there is a conflict between the approved Entrada Design Guidelines, PD Site Plan, and vertical construction drawings, the Design Guidelines shall be controlling. f) Where building walls face the street, particularly at intersections, the Town may require wall mounted, ceramic tile street name signs as shown in the approved Design Guidelines in the interest of space and/or aesthetics. g) The individual building elevations are approved conceptually, subject to compliance with Entrada Design Guidelines to be shown in detail on construction plans that are to be submitted when applying for a building permit. h) The individual lots shown on this PD Site Plan are approved conceptually, and must be reflected on an approved replat prior to the issuance of any building permits for vertical construction. i) Construction drawings submitted along with an application for a building permit will be reviewed for detailed compliance with the Entrada Design Guidelines and compliance with the approved PD Site Plan as well as other PD ordinance regulations, the Code of Ordinances, the UDC, and the International Code Council (ICC) construction codes. j) The AC Hotel and the LQ Hotel as depicted on the PD Site Plan of the Entrada Plaza Mayor shall contain a minimum of 10% ground floor retail and/or restaurant area that has direct access to and from the plaza. Placement and size of this area within the hotel will be adequately determined before the issuance of building permits. k) The Condominium as depicted on the PD Site Plan of the Entrada Plaza Mayor shall have a minimum of 20% ground floor retail and restaurant area that has direct access to and from the plaza. Placement and size of this area within the condominium will be adequately determined before the issuance of building permits. Ordinance 854 Page 2 of 6 1) The landscape plan must be resubmitted before the issuance of building permits on the Entrada Plaza Mayor. The resubmitted landscape plan must be approved by the Town Manger or designee(s) before the issuance of building permits for this site. The landscape plan must depict, at a minimum, the following changes: a. The landscape berm at the entrance to the Entrada Plaza Mayor must be removed and replaced with stairs that, due to the grade difference, follow the cross slope, thereby making the whole edge open and accessible to the Entrada Plaza Mayor. Bollards must be shown on the plat that separates vehicular traffic from pedestrian traffic at the entrance to the plaza. b. The plaza surface material shall be comprised of cut stone to emulate the same style of stone and colors that can be found on the Entrada Plaza Mayor Salamanca's surface. The stone color and pattern must be approved by the Town Manager or designee(s) and must adhere to the Entrada Design Guidelines (Ordinance 760). c. The developer shall increase the size of the two (2) public art locations identified in the landscaping plan to create more interaction with the plaza. Public Art in the Entrada Plaza Mayor, whether temporary or permanent, must be appropriate in shape, size and pedestrian scale of the Entrada Plaza Mayor. m) A Public Art plan for the Entrada Plaza Mayor must be submitted to the Town before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. A public art competition may be held for this site if deemed appropriate by the Town Manger or his designee(s) or the Westlake Public Art Competition Advisory Committee. n) The applicant must submit a revised outdoor lighting plan with photometric study before the issuance of building permits for the Entrada Plaza Mayor. The lighting plan and photometric study must include the following details: a. Renderings that show the interior of the plaza being lit at night from the lighting that is affixed to the building facades, plaza arcade, and lighting that is on the plaza surface b. Lighting fixtures and emittance from building fagade c. Lighting fixtures and emittance from the plaza interior d. Lighting fixtures and emittance that can be found in the plaza arcades e. Lumens for each lighting fixture f. Color temperature for each lighting fixture g. Type of fixture (LPS, HPS, LED, Halogen, Fluorescent, etc...) o) All Entrada Plaza Mayor color temperature for lighting must not exceed 3000 Kelvins. All lighting on the Entrada Plaza Mayor must conform to the dark sky requirements of the Town's Code of Ordinances as found in Chapter 102. p) All lighting fixtures must be submitted to the Town approved by the Town Manger or designee(s) before issuance of a building permit for any one building the Entrada Plaza Mayor. Lighting fixtures that are located on the plaza surface shall include electrical outlets for future use. q) A shared parking agreement with adjacent properties must be in effect before the issuance of a Certificate of Occupancy for anyone building in the Entrada Plaza Mayor. Ordinance 854 Page 3 of 6 r) A building signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. The sign package must include the following: a. Building Fagade Signage b. Monument Signage c. Wayfinding Signage s) All structures of the Entrada Plaza Mayor (Hotels, Condominium, and Garages) must be assembled at the same time. A Certificate of Occupancy will not be issued for any one building unless all other buildings are able to receive a Certificate of Occupancy in unison. t) A Plaza Event plan for the Entrada Plaza Mayor must be submitted to the Town and approved by the Town Manager or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. u) Water, sanitary sewer, electrical, duct bank and other appropriate utility services must be extended into the interior of plaza to account for future uses. Locations of these utilities must be approved by the Town Manger or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. v) The Entrada Plaza Mayor shall contain, but not limited to, amenities for public use such as the following: outdoor seating and/or benches, bike racks, waste receptacles, public art, cafe seating and tables, wayfinding signage, and Wi-Fi access to the public. All designs must be approved by the Town Manger or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. w) The Entrada Plaza Mayor must, at all times, be accessible to the Public. A replat for the Plaza Mayor must be submitted that depicts the plaza as a dedicated open space for public use and must show all other public easements to be dedicated within the Entrada Plaza Mayor. The plaza will be privately maintained by the HOA of Entrada. SECTION 3: 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 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 854 Page 4 of 6 SECTION 5: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 21sT DAY OF MAY 2018. ATTEST: Kekly Edw s, Town Secretary La Wheat, Mayor homas E. r , T wn Manager APPRO D AS T(k'O o. 4A tanton L ,, ovyn-Attorney" G' TE'*_,.. Ordinance 854 Page 5 of 6 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800. 776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PC) 1 Amount Cols Depth 603646 0003877875 TOWN OF WESTLAKE ORDINANCE NO. 854 A 464.80 1 40.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me, a Notary Public in and for ROANOKE,TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: TOWN OF WESTLAKE ORDINANCE NO. 854 AN ORDINI.AKEE DEXAS TAPPRN OVF ING A PLANNED DEVELOPE 2 Insertion(s) PLAN DISTRICT PORTION OF PLANNED DEVELOPMENT SDIS Published On: TRICT 1, PLANNING AREA 2 PD1-2), ESTABLISHED BY OR- May 23, 2018,May 24,2018 DINANCE 703 FOR THE PROP-ERTY GENERALLY LOCATED 14ON EAESOUOFTDAVIIS, AND H NORTSIDEOFHYH ': OF SOLANA BOULEVARD,,sCOMMONLYKNOWN WESKE ADPROV D-VIDINGTLAA PENALTY;ENTR ING A CUMULATIVESEVERABIL TY ,PROVIDING A CLAUSE; PROVIDAUTHORIZANG INGS CLAUNE; AND ESTAB- L SHINGTAN EFFECTIVE DATE. 1.SECTION 5: Any person,firm or i corporation violating any of theprovisionsortermsofthisordi-e nance hll be as p olect vided forlin I same penalty the Code of stlake, and(upon Town of Westlake, untshable Principal Clerk) conviction shall be D chciv a fine not to exceed theDollars I of Two Thousand 2,000.00) for each, offense. SUBSCRIBED AND SWORN TO Each day that a violation is per- mitted to exist shall constitute BEFORE ME,THIS 25th day of IAND APPROVED ON THIS 21ST May in the year of 2018 DAY OF MAY 2018. Notary Public-Deborah Bay or o"py'i''/, DEBORAH JEAN BAYLOR i: ?-6:Notary Public, State of Texas Q 14:,;.;', ,. Comm. Expires 10-29-2019 Notary ID 13042344-2 TOWN OF WESTLAKE ORDINANCE NO. 852 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 703 WHICH APPROVED PLANNED DEVELOPMENT ZONING DISTRICT 1-2 (PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULEVARD AND STATE HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; 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 municipality; and WHEREAS, Ordinance 703 established Planned Development District 1-2 (PD 1-2), commonly known as Westlake Entrada, an approximately 85.9 acre tract generally located between Davis Boulevard, Solana Boulevard and State Highway 114; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 16, 2018 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 703 contained herein; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that these amendments to Ordinance 703 should be approved and adopted. Ordinance 852 Page 1 of 4 NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the following amendments to Ordinance 703 are hereby authorized: Section 3. 1: Pace of Residential Use Development within PD1 -2: 3. 1. 1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. "First year of active development" is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3. 1. 2 Second year of active development shall not exceed an additional sixty (60) units. Third year of active development shall not exceed and additional eighty (80) residential units. Year four of active development and subsequent will be based upon the 1500: 1 ratio. From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed such that the building foundations are completed, inspected and approved, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1, 500 sq. ft of nonresidential use building space has been permitted for each additional Residential Unit permitted. 3. 1. 3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six -months of being included in the 1500: 1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period offour years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period (or Ordinance 852 Page 2 of 4 extended period if approved by the council) unless, within such period, a preliminary plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearingprocess that a zoning change is required to adhere to by State law. Site Approval Exceptions: Legislative approval of a site plan shall not be required for the following site plans: a. Single-family residential homes; b. Small non-residential buildings where the building footprint does not exceed S,000 square feet of gross floor area. Site plans that qualify for the exceptions noted above shall only require administrative approval by the Town Manager or designee. In reviewing said site plans, the Town Manager or designee may, in any instance, defer the consideration and approval of said site plan to the Town Council upon the recommendation of the Planning and Zoning Commission. Likewise, in the event that a site plan is denied by the Town Manager or designee, then the applicant may appeal said decision to the Town Council upon the recommendation of the Planning and Zoning Commission. Providing for the exception provision above, all site plans plan submissions shall otherwise meet the requirements of this ordinance and other pertinent Town regulations. In the event that an ordinance provision contained in Ordinance 703, or another regulation adopted by the Town Council, conflicts this exemption provision, this exemption provision shall supersede said conflicting provision. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 852 Page 3 of 4 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 30th DAY OF APRIL 2018. ATTEST: Laura Wheat, Mayor KeO Edwards, Town Secretary Thomas E. Ary (Ywn Manager APPRO D-S O F 'RM: vqEST ton L Attorney 7 E Ordinance 852 Page 4 of 4 Star-Thiegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast I Weatherford Star-Telegram star-telegram,com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification WESTLAKE PO Amount Cols Depth 603646 0003645791 TOWN OF ORDINANCE NO.852 Al 5448.44 1 37.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: TOWN OF WESTLAKE ORDINANCE NO.852 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMEND- 2 Insertion(s) ING ORDINANCE 703 WHICH APPROVED PLANNED DEVEL- OPMENT ZONING DISTRICT 1- 2 Published On: PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY May 04,2018,May 05,2018 LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULE- VARD AND STATE HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; PROVIDING A PEN- ALTY; PROVIDING A CUMULA- TIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFEC- TIVE DATE. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction o shall be punishable by a fine not i to exceed the sum of Two Thou- sand Dollars ($2,000.00) for Principal Clerk) each offense. Each day that a violation is permitted to exist shall constitute a separate of- SUBSCRIBED AND SWORN TO Tense. PASSED AND AP- Ii-ROVi=D ON THIS 30th DAY Or BEFORE ME. THIS 11th day of APRIL 2018. May in the year of 2018 Notary Public-Deborah Bay or 511117/ •PY' • DEBORAH JEAN BAYLOR Notary Public, a Comm. ExpiresSt10-29.2019 tecfTexas NOiary ID'C 13042344-2 StarmeN. Arlington Citizen -Journal I the Keller Citizen I La Estrella Mansfield News -Mirror I Star -Telegram Northeast I Weatherford Star -Telegram 5"r4>101e9r81104=m 1808 Throakmorton 8L I Ft Worlb, TX 78102.83161800.778.7827 AFFIDAVIT OF PUBLICATION 603946 J 0003645791 I TOWN OF WESTLAKE ORDINANCE NO. 852 Ai Attention: TOWN OF WESTLAKE 1301 SOLANA BLVD BLDG 4 STE 4202 ROANOKE, TX 762627940 A 1448.441 1 137.00 U THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc, at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 2 Insertior>(s) Published On: May 04, 2018, May 05, 2018 r 1015 . ...... ~ 171 SUBSCRIBED AND SWORN TO BEFORE ME, THIS 11th day of May in the year of 2018 Notary Public - Deborah Bay r W111, DEBORAH JEAN SAYLOR Notary Public, State of Texas ye Comm. Expires 10-29-2019n„.a` NotaryID 3042344-2 Ordinance 872 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 872 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE 855 CONDITIONS, INCREASING THE MAXIMUM NUMBER OF CONDOMINIUM UNITS TO 150 UNITS FROM 126 UNITS; PROVIDING A PENALTY; 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 municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On May 21, 2018 the Town Council approved Ordinance 855 approving a Specific Use Permit to allow for 126 condominium units located in the Entrada Plaza Mayor for a portion of Planned Development District 1, Planning Area 2 (PD1-2); and WHEREAS, On May 21, 2018 the Town Council approved Ordinance 854 approving a Site Plan for the Entrada Plaza Mayor, which includes the building(s) that contain the condominiums approved by Ordinance 855, for a portion of Planned Development District 1, Planning Area 2 (PD1-2); and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD1-2), also known as Entrada; and WHEREAS, The Entrada developer wishes to increase the maximum number of condominium units from 126 units to 150 units and to approve changes to the individual unit size requirements and to the distribution of bedrooms; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on November 26, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on November 26, 2018, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the Town and its citizens that this ordinance should be approved and adopted. Ordinance 872 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby approve amendments to Ordinance 855 subject to the following conditions: a) The maximum number of condominium units authorized by this ordinance is 150 units; b) The size and bedroom breakdown of all condominium units approved by this ordinance shall comply with the following table: Minimum # of Bedrooms per Unit Unit Size (Minimum) Unit Size (Average) Total Units % of Total 1 BEDROOM 978 square feet 1,010 square feet 61 41% 2 BEDROOM 1,205 square feet 1,468 square feet 64 43% 3 BEDROOM 1,958 square feet 2,371 square feet 25 17% c) The condominiums approved by this ordinance may be located in more than one building but shall not exceed two buildings. The buildings containing the condominiums shall be constructed per the requirements of Ordinance 854, approving the site plan for the Plaza Mayor except that minor deviations to building footprints and locations to accommodate the increased number of units may be approved by the Town Manager or their designee; d) If a conflict exists between Exhibit A of Ordinance 855 and the provisions of this ordinance, the provisions of this ordinance shall apply; e) All requirements of Ordinance 855 shall remain in full force and effect, except where amended herein. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 872 Page 3 of 3 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: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 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 NOVEMBER 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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 this chapter: Short Term Rental regulations d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation - Town Manager search process Town Council Item # 6 – Executive Session Town Council Item # 7 – Reconvene Council Meeting NECESSARY ACTION a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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 this chapter: Short Term Rental regulations d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation - Town Manager search process Town Council Item #8 – Necessary Action 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 Council Item # 9 – Future Agenda Items Town Council Item # 10 – Adjournment Regular Session