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12-10-18 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 December 10, 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. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report regarding SH 170-Roanoke Road intersection safety concerns. 5. DISCUSSION ITEMS a. Presentation and discussion regarding a proposed communication tower capital project. b. Presentation and discussion regarding Schwab Way streetscape and lighting. c. Standing Item: Presentation and discussion of development projects per staff report November 2018 including an Entrada report from the developer and projects in Planned Development PD 3-5. 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: - The Knolls - BRE Solana - Charles Schwab - 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 Page 3 of 5 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 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION 9. 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 November 26, 2018. b. Consider approval of the minute from the meeting on December 3, 2018. 5. DISCUSSION AND CONSIDERATION OF ORDINANCE 873, AMENDING CHAPTER 18, ADDING ARTICLE V SHORT TERM RENTALS, SECTION 18-111 TO SECTION 18-112, ADDING A DEFINITION FOR SHORT-TERM RENTALS AND ESTABLISHING A PROHIBITION AGAINST SHORT-TERM RENTALS. Page 4 of 5 6. DISCUSSION AND CONSIDERATION OF RESOLUTION 18-49, APPROVING A DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS WITH THE KNOLLS AT SOLANA DEVELOPER, WILBOW-SOLANA, LLC. 7. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - The Knolls - BRE Solana - Charles Schwab - 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 8. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 10. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Page 5 of 5 11. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, December 5, 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 November 26, 2018. b. Consider approval of the minute from the meeting on December 3, 2018. Town Council Item # 3 – Review of Consent Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report regarding SH 170-Roanoke Road intersection safety concerns. Town Council Item # 4 – Reports Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, December 10, 2018 TOPIC: Report regarding SH 170-Roanoke Road intersection safety concerns. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: December 10, 2018 Completion Date: March 31, 2020 Funding Amount: TBD Status - Unfunded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) You may have driven the main lanes and ramps on eastbound and westbound SH 170 between Roanoke Road and SH 114 that TxDOT fully opened earlier this year. While all lanes are open, SH 170 continues to experience a large amount of congestion during the morning and afternoon rush hours. In addition to the congestion, we have responded to 9 vehicle accidents with one fatality since March 2018. Staff and Keller PD Captain, Chad Allen, met with TxDOT, to discuss congestion and safety issues related to the newly constructed roadway. As a group, we discussed the concerns and frustration with traffic conditions on this section of roadway, which included: Page 2 of 2 • Vehicles travelling westbound SH 170 must exit at Roanoke Road at a signalized intersection. This design has created congestion on SH 170 main lanes and service road as motorists are attempting to weave and negotiate turning movements onto Roanoke Road. • As the westbound main lanes on SH 170 transition from two (2) lanes down to one (1) lane that must exit, motorists in the left hand lane attempt to accelerate past traffic in the right hand lane. • The current ramp configuration does not allow eastbound traffic to enter SH 170 main lanes prior to the Roanoke Road signal, resulting in traffic backing up from Roanoke Road to US 377. We agreed that closing the Roanoke Road crossing will be closed; just like the Ottinger Road crossing was closed in 2014. SH 170 is still planned to be a “managed lane” roadway (toll road) with the North Texas Tollway Authority (NTTA) from SH 114 west to I-35. At this time, the extension of SH 170 to Independence Parkway, west of US 377, is not expected to be completed for at least another 5 years. While this road closure will mean that residents and the Schwab employees on Roanoke Road will be inconvenienced, staff believes that the intersection is too dangerous to leave in operation in its current configuration. It is important to remember that the Town’s existing Thoroughfare and 2015 Comp Plan eliminates the Roanoke Road crossing. Staff will develop a communication plan to inform Westlake residents/businesses and neighboring communities about the closure of the Roanoke Road crossing in late February or early March. TxDOT expects to provide a schedule within the next two weeks. RECOMMENDATION N/A ATTACHMENTS SH 170-Roanoke Road closure map SH 170/ROANOKE ROAD CONGESTION AND SAFETY ISSUES Proposed re-routing of southbound Ottinger Road Traffic Areas of safety concern DISCUSSION ITEMS a. Presentation and discussion regarding a proposed communication tower capital project. b. Presentation and discussion regarding Schwab Way streetscape and lighting. c. Standing Item: Presentation and discussion of development projects per staff report November 2018 including an Entrada report from the developer and projects in Planned Development PD 3-5. Town Council Item #5 – Discussion Items Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, December 10, 2018 TOPIC: Presentation and discussion regarding a proposed communication tower capital project. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to Town Manager Troy Meyer, Director, Facilities Maintenance Jason Power, Director of Information Technology Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: December 10, 2018 Completion Date: December 31, 2019 Funding Amount: TBD Status - Unfunded Source – Utility Fund/DuctBank EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Over the last several years, complaints from residents have increased regarding the poor cell phone coverage in Westlake. While traditional cellular antennae have been installed on the high-voltage power transmission towers along the north side of SH 114, Westlake’s topography and buildings in the Town block the line of sight required for cell reception. Page 2 of 2 Since there have been no formal discussions with Council, staff wanted to provide an update regarding cell coverage in Westlake and present a potential communication tower project that would allow for at least two cellular providers to co-locate on a Town communication tower; much like the common practice of cellular providers installing antennae on water towers. Staff has discussed the project with adjacent landowner and explored the different types of Town uses, locations/height requirements, business model options, preliminary budget, and life of asset. Legal counsel has advised against placement of any cellular tower within ROW and has suggested Town-owned real-estate, i.e. the Fire Station. Therefore, Town staff proposes the construction of a communications tower on our Fire/EMS Station #1 property to help improve cell coverage in Westlake. In addition to providing space for a restricted number of cell providers, the communications tower would also provide staff with capacity for SCADA, emergency services communication, Wi-Fi and other municipal uses. If Council wants to proceed with a communications tower capital project, staff will place an item on the January 28, 2019 regular Town Council Agenda authorizing the Town Manager by Resolution to engage stakeholders and cellular providers in formal discussions related to the design, construction, and ownership. Based on Council direction, staff would present contracts with cellular providers and design/construction contractors to Council for action in late spring or early summer 2019. The project would require an SUP for wireless communication tower at the proposed location. This process can be initiated concurrent with the potential design and construction contracts in 2019. RECOMMENDATION N/A ATTACHMENTS None Page 1 of 1 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, December 10, 2018 TOPIC: Presentation and discussion regarding Schwab Way streetscape and lighting STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item provides an opportunity for both Town staff and the developer, Hillwood, to provide an update on the status of Schwab Way construction including roadway design elements, lighting and construction timelines. Additional information regarding this item will be provided to the Town Council prior to the meeting on December 10, 2018. RECOMMENDATION N/A ATTACHMENTS Forthcoming Development Snapshot November 2018 DENTON COUNTY TARRANT COUNTY CITY OF ROANOKE DENTON COUNTY TARRANT COUNTY CITY OF FORT WORTH TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN OF TROPHY CLUB CITY OF SOUTHLAKE 170 114 377 377 170 114 6 7 8 9 MAP GUIDE 1. Entrada Retail Corner Sales Office, Starbucks, Tower 2. Entrada Restaurant Row / Chapel & Reception Hall Restaurants / Chapel / Reception 3. Entrada Block E, I, & J Residential Townhomes 4. Fire/EMS Station Government Facility 5. Schwab Corporate Campus Office Campus 6. Granada Residential Development 7. Terra Bella Residential Development 8. Carlyle Court Residential Development 9. Quail Hollow Residential Development 10. Spec’s Retail This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP—NOVEMBER 2018 CITY OF SOUTHLAKE CITY OF KELLER LEGEND Subdivision Roads Arterial Roads Highways Building Completed Site Plan Submitted Building Permit Submitted Building Under Construction 114 170 5 1 4 3 2 10 Development Activities Status—November 2018 Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete* Estimated Completion 1 Entrada Retail Corner Retail / Office 4 ~50,000 s.f. Retail Corner under construction; Starbucks/ Tower ready to issue 25% Fall 2019 2 Restaurant Row / Chapel & Reception Hall Restaurants / Entertainmen t 5 A: 15,422 sf B/C: 22,414 sf Under construction 15% 2019 3 Entrada Residential Residential J: 6 units I: 12 units E: 12/14 units 2,700sf-4,500sf Block J has 6/6 lots currently under construction Block I has 12/12 lots currently under construction Block E has 12/14 lots currently under construction 4.66% Varies 4 Fire/EMS Station Government N/A 5-acre site Under construction 70% Early 2019 5 Schwab Campus Office 1,160,000sf 81 acres Phase 1 under construction 60% Summer 2019 6 Granada Phase I Residential 41 85 acres Phase I has 38/41 lots currently developed or under construction 81.71% N/A Granada Phase II 43 Phase II has 21/43 lots currently developed or under construction 31.40% 7 Terra Bella Residential 28 54.7 acres 25/26 lots currently developed or under construction 86.54% N/A 8 Carlyle Court Residential 8 10.2 acres 7/8 lots currently developed or under construction 75% N/A 9 Quail Hollow Residential 96 188 acres 3/96 lots under construction 2.60% N/A 10 Spec’s Retail 1 12,000 sf Under construction 15% 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—November 2018 Subdivision Name Plat Date Total Lots Vacant Lots Size (Acres) Development Status Percent Complete Building Permits Issued Finals Issued Aspen Lane/Shelby Estates 4/7/1981 8 0 132.6 Built-out 100% 8 8 Carlyle Court 3/7/2016 8 1 10.2 Under development 75% 7 5 Entrada 12/14/2015 322 292 85.9 Under development 4.66% 30 0 Glenwyck Farms 3/13/2000 84 0 104.3 Built-out 100.00% 84 84 Granada Phase I 6/17/2013 41 3 84.3 Under development 81.71% 38 29 Granada Phase II 12/12/2016 43 23 31.40% 20 7 Knolls at Solana - 56 56 62.5 Conceptual 0.00% 0 0 Mahotea Boone 12/9/1977 14 0 31.6 Built-out 100.00% 14 14 Paigebrooke 3/8/2004 6 2 20.3 Under development 66.67% 4 4 Quail Hollow 3/28/2016 96 91 188.3 Under development 2.60% 5 0 Stagecoach 8/16/1971 47 6 55.5 Mostly built-out 86.17% 41 40 Terra Bella 11/11/2008 26 1 54.8 Under development 86.54% 25 20 Vaquero 3/27/2000 296 32 510 Mostly built-out 86.99 %264 251 Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 84.62% 11 11 Other/Miscellaneous - 23 2 - Mostly built-out 86.96% 21 19 1,083 511 1,362.7 49.12% 572 492 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 Plaza 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 — November 2018 Development Activities Status—November 2018 Project Name Number of Lots/Units Size Contractor Development Status Estimated Completion CVS Pharmacy 1 13,378 sf Wurzel Builders Completed February 2017 Primrose Daycare 1 12,460 sf Cooper General Contractors Completed May 2017 Entrada Sales Center 1 3,463 sf Crescent Custom Homes Completed June 2018 Entrada Retail Corner 3 Retail Office: 43,336 sf Starbucks: 2,834 sf Retail 1: 1,370 sf Diesel Design Build Under construction Fall 2019 Entrada Residential Block J 6 ~4,500 sf ea Calais Custom Homes Building permit issued; under construction; 3 units nearing completion Varies Entrada Residential Block E 14 ~5,000 sf ea Crescent Custom Homes Building permit issued; under construction; 3 units nearing completion Varies Entrada Residential Block I 12 ~3,600 sf ea Pentavia Custom Homes Building permits issued; under construction Varies Pedestrian Bridge 1 - Crescent Custom Homes Building permit issued; under construction 2019 Gas Pad Parking Garage 1 148,398 sf Diesel Design Build Building permit issued; under construction 2019 Restaurant Row 3 A: 15,422 sf B/C: 22,414 sf Crescent Custom Homes Building permit issued; under construction 2019 Chapel & Reception Hall 2 Chapel: 3,207 Reception Hall: 14,418 sf Crescent Custom Homes Building permit issued; under construction 2019 Entrada Plaza Mayor 4 Hotel: 95,048 sf Condo A: N/A Condo B: 131,571 sf Parking Garage: 120,912 SF Tri-Arc Building plans under review; site work under construction 2020 Town of Westlake's Building Permit - Monthly Report Month of November, 2018 Project Number Project Type Full Address Permit Issued Date Owner Name Tenant Name Business Name Square Footage Value RMDLC - 18 - 0308 Commercial Remodel Permit (C) 1301 Solana Blvd. Bldg. No. 2 Suite 2330 Westlake, TX 76262 11/16/2018 HMC Solana, LLC Kildare Partners Ahmuty Corporation Commercial Interiors 5,669 $57,875.75 Commercial Remodel Permit (C) Total Value $57,875.75 (Avg.: $57,875.75) Total Square Footage 5,669.00 (Avg.: 5,669.00) Permits Issued:1 ELECR - 18 - 0323 Electrical Permit (R) 1900 Gaillardia Ct. Westlake, TX 76262 11/29/2018 Ho Trieu Good Faith Energy $500.00 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 12/03/2018 at 10:00 AM Page 1 of 4 Electrical Permit (R) Total Value $500.00 (Avg.: $500.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 FENCE - 18 - 0310 Fence Permit / Retaining Wall 1575 Terra Bella Dr. Westlake, TX 76262 11/05/2018 Petchesky Jonah Fritchens Creative Creations Fence Permit / Retaining Wall Total Value $0.00 (Avg.: $0.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 IRR - 18 - 0309 Irrigation Permit (R) 2010 Valencia Cove Westlake, TX 76262 11/02/2018 Joseph D Amos WET DOG IRRIGATION IRR - 18 - 0311 Irrigation Permit (R) 2206 Castilian Path Westlake, TX 76262 11/01/2018 Brian N Pierce Heather K Pierce Pine Valley Landscapes $15,000.00 IRR - 18 - 0314 Irrigation Permit (R) 2225 N Pearson Ln. Westlake, TX 76262 11/06/2018 Doug Yarbrough Allscapes, Inc.$1,000.00 Irrigation Permit (R) Total Value $16,000.00 (Avg.: $5,333.33) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:3 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 12/03/2018 at 10:00 AM Page 2 of 4 HVACR - 18 - 0324 Mechanical Permit (R) 2220 Cedar Elm Terr. Westlake, TX 76262 11/29/2018 Moten Mary B Berkeys AC $9,800.00 Mechanical Permit (R) Total Value $9,800.00 (Avg.: $9,800.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 COMM - 17 - 0239 New Commercial Building (C) Entrada Gas Well Garage 67 Aragon Dr. Westlake, TX 76262 11/02/2018 MRW Investors, LLC Diesel Design Build 148,398 $14,473,300.00 New Commercial Building (C) Total Value $14,473,300.00 (Avg.: $14,473,300.00) Total Square Footage 148,398.00 (Avg.: 148,398.00) Permits Issued:1 SHELL - 18 - 0220 New Commercial Shell Building (C) Entrada Reception Hall 43 Tarragona Dr. Westlake, TX 76262 11/27/2018 MRW Investors, LLC Crescent Estates Custom Homes 14,418 $2,014,630.00 SHELL - 18 - 0221 New Commercial Shell Building (C) Entrada Chapel 49 Tarragona Dr. Westlake, TX 76262 11/27/2018 MRW Investors, LLC Crescent Estates Custom Homes 3,207 $506,225.00 New Commercial Shell Building (C) Total Value $2,520,855.00 (Avg.: $1,260,427.50) MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 12/03/2018 at 10:00 AM Page 3 of 4 Total Square Footage 17,625.00 (Avg.: 8,812.50) Permits Issued:2 POOL - 18 - 0313 Pool Permit 2002 Scissortail Pl. Westlake, TX 76262 11/07/2018 Sansone Revocable Trust Claffey Pools 650 $130,000.00 Pool Permit Total Value $130,000.00 (Avg.: $130,000.00) Total Square Footage 650.00 (Avg.: 650.00) Permits Issued:1 TOTALS:Square Footage:172,342.00 (Avg.: 19,149.11) Value:$17,208,330.75 (Avg.: $1,912,036.75) Total Projects:11 Permits Issued:11 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 12/03/2018 at 10:00 AM Page 4 of 4 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - The Knolls - BRE Solana - Charles Schwab - 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 Council Item # 6 – Executive Session Town Council Item # 7 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item #8 – Council Recap / Staff Direction Town Council Item # 9 – 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.  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. 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. Town Council Item # 2 – Items of Community Interest 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 November 26, 2018. b. Consider approval of the minute from the meeting on December 3, 2018. Town Council Item # 4 – Consent Agenda Town Council Minutes 11/26/18 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING November 26, 2018 PRESENT: Mayor Laura Wheat and Council Members Alesa Belvedere, Greg Goble, Carol Langdon, and Rick Rennhack. ABSENT: Michael Barrett OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Development Coordinator Nick Ford, Director of Public Works Jarrod Greenwood, Finance Director Debbie Piper, Director of Facilities & Parks Troy Meyer, Communications Manager Jon Sasser, Director of Human Resources and Administrative Services Todd Wood, Director of Information Technology Jason Power, and Dr. Mechelle Bryson. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:05 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 11/26/18 Page 2 of 7 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. DISCUSSION ITEMS a. Presentation and discussion regarding the Fund Balance policy. Town Manager Brymer, Director Piper, and Director Greenwood provided a presentation and overview of the item. Discussion ensued regarding opportunities for investments, the proposed amendment, average number of days, timing of appropriation, addressing capital improvement plan items, and the volatility of town’s main revenue stream. b. Presentation and discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. Director Greenwood provided a presentation and overview of the item. Discussion ensued regarding the proposed number of feet from the door, designated areas, banning smoking completely, reworking the definition of private club and amending the proposed ordinance to ban smoking within the Town. 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. Director Ruthven provided an overview of the following developments: Charles Schwab campus, including trail connectivity; the Knolls development, including the conservation area; the Quail Hollow development; and the proposed Spencer Ranch development. Mr. Mehrdad Moayedi provided an overview of the Entrada development. Director Meyer provided an update on the construction of the Fire Station. 5. 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 11/26/18 Page 3 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 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 7. COUNCIL RECAP / STAFF DIRECTION Move forward with the Fund Balance Policy as presented, adopting it in January. Amend the proposed Smoking ordinance to ban smoking with the only exception being private clubs and to adopt the ordinance in January. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 6:57 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:57 p.m. Town Council Minutes 11/26/18 Page 4 of 7 2. ITEMS OF COMMUNITY INTEREST: Manager Sasser provided an overview of the upcoming events. Mayor Wheat moved to item 4 of the agenda. 3. CITIZEN COMMENTS: 4. CONSENT 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. Mayor Wheat pulled items e and f from the consent agenda for additional discussion. MOTION: Council Member Rennhack made a motion to approve items a-d of the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Director Meyer and Dr. Bryson provided an overview of the items e & f of the consent agenda. MOTION: Council Member Rennhack made a motion to approve items e-f of the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 11/26/18 Page 5 of 7 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. Director Ruthven provided an overview of the item. Discussion ensued regarding the amendment, Plaza Mayor, cost per square foot, and retail components of the development. 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 872. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 6. EXECUTIVE SESSION Council convened into executive session at 7:17 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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 Town Council Minutes 11/26/18 Page 6 of 7 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 Mayor Wheat reconvened the meeting at 9:47 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion to approve Resolution 18-48, approving an employment agreement with Mrs. Amanda DeGan as the incoming Town Manager, effective February 1, 2019, and with a revision to Section 9c as follows: If the Mayor acting on behalf the majority of the Town Council offers to accept the manager’s resignation, the manager may accept such offer and her subsequent resignation shall be treated as termination, as per Section 10 of this agreement. Council Member Greg Goble. seconded the motion. The motion carried by a vote of 4-0. 9. FUTURE AGENDA ITEMS: No additional discussion required. Town Council Minutes 11/26/18 Page 7 of 7 10. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Goble seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:49 p.m. APPROVED BY THE TOWN COUNCIL ON DECEMBER 10, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 12/03/18 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING December 3, 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, and Town Secretary Kelly Edwards. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 8:21 p.m. 2. EXECUTIVE SESSION Council convened into executive session at 8:21 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Council Minutes 12/03/18 Page 2 of 2 - Town Manager evaluation b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible community facility sites along Dove Road near the current Town of Westlake Fire Station 3. RECONVENE MEETING Mayor Wheat reconvened the meeting at 10:59 p.m. 4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action take. 5. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Goble seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 10:59 p.m. APPROVED BY THE TOWN COUNCIL ON DECEMBER 10, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, December 10, 2018 TOPIC: Approval of the Ordinance Prohibiting Short Term Rentals within the Town of Westlake. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Family Friendly & Welcoming Citizen, Student & Stakeholder Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 29, 2018 Completion Date: December 10, 2018 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) At the Council’s October 29 2018 Workshop, Staff presented to Council on the topic of Short Term Rentals (STRs) potential impacts on the Town. Concerns included neighborhood disruption, traffic congestion and general nuisances. Additionally, there was a citizen presentation highlighting other concerns. Following Council discussion, the direction given by Council was to prepare an Ordinance for Council consideration that would prohibit STRs within the Town, with no exemptions. Page 2 of 2 RECOMMENDATION Staff has prepared a proposed Ordinance in consultation with the Town Attorney that would, if adopted, prohibit STRs in the Town. It legally defines an STR as “The rental or offer for rental of a rental unit for a period of less than 30 days.” It establishes a period of six (6) months where the Ordinance will not be enforced in order to allow for a reasonable transition of uses. It also establishes a $500 fine per offense, not to exceed $2,000 in total for violations of the Ordinance. Additionally, it still allows for leasebacks to occur. ATTACHMENTS STR prohibition Ordinance. Ordinance 873 Page 1 of 4 ORDINANCE 873 AN ORDINANCE OF THE TOWN OF WESTLAKE TOWN COUNCIL AMENDING CHAPTER 18, ADDING ARTICLE V SHORT TERM RENTALS, SECTION 18-111 TO SECTION 18-112, ADDING A DEFINITION FOR SHORT-TERM RENTALS AND ESTABLISHING A PROHIBITION AGAINST SHORT-TERM RENTALS; 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 is authorized to adopt and enforce ordinances necessary to protect health, life, and property to preserve good government and the security of its inhabitants; and WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake provides for the types of Zoning Districts; and WHEREAS, the Town Council of the Town Westlake wishes to define the term “short- term rental” under the Code of Ordinances; and WHEREAS, short-term rentals are not currently listed as a permitted use in any Zoning District within the Town; and WHEREAS, there has been a growing number of short-term rentals within residential areas of the Town; and WHEREAS, short-term rentals are not consistent with the character or nature of single- family residential uses in the Town; and WHEREAS, short-term rentals are not suitable in residential neighborhoods, are not compatible with residential uses, and the neighborhood adjacency of short-term rentals in residential neighborhoods is harmful; and WHEREAS, in the absence of being listed as a permitted use in any Zoning District, short- term rentals are prohibited under the Town’s Zoning Ordinance; and WHEREAS, short-term rentals in the Town of Westlake, with their attendant increases in traffic, parking, noise, litter, and the influx of strangers into residential areas is incompatible with the intent of residential districts in the Town and the desires and expectations of the Town’s residents and is contrary to the long-standing character of the community; and WHEREAS, short-term rentals in residential areas of the Town pose a risk of increased public nuisances, disruption of neighborhoods, and additional enforcement related issues; and Ordinance 873 Page 2 of 4 WHEREAS, the increase in calls for service attributable to short-term rentals in residential areas of the Town result in an additional burden on the Police Department; and WHEREAS, the Town of Westlake Town Council has determined that it is a necessity to prohibit short-term rentals as provided for herein to safeguard the public; and WHEREAS, the Town of Westlake is authorized by law to adopt the provisions contained herein; and WHEREAS, the Town Council of the Town of Westlake deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including, but not limited to the Open Meetings Act; and WHEREAS, the Town Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. 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 to the Code of Ordinances 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 18 Buildings and Building Regulations Article V, Short Term Rentals , Sections 18-111 through 18-130 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. Section 18-111 Definitions. “Short-term rental – The rental or offer for rental of a rental unit for a period of less than 30 days. Leaseback – An arrangement where the seller of a home leases the home back from the purchaser. In a leaseback arrangement, the specifics of the arrangements are typically made prior or immediately after the sale of the home.” Ordinance 873 Page 3 of 4 Section 18-112 Short-term rentals prohibited. Short-term rentals are hereby prohibited and unlawful within the Town of Westlake. This shall not restrict, limit or interfere with any homeowner from participating in a leaseback upon the sale of a rental unit.” Reserved Sections 18-113 – 18-130 SECTION 3: That in order to allow for a reasonable transition of uses and to allow for ample opportunity for the recovery any short-term rental owner(s)’ investment-backed expectations, the short-term rental prohibition will not be enforced for a period of six (6) months following the approval of this Ordinance. Further that all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. 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) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 873 Page 4 of 4 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 10TH DAY OF DECEMBER 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 3 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, December 10, 2018 TOPIC: Discussion and consideration of a resolution approving a development agreement for subdivision improvements with the Knolls at Solana developer, Wilbow-Solana, LLC 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) The purpose of this item is to approve the initial development agreement between the Town of Westlake and the developer of The Knolls at Solana, Wilbow-Solana, LLC. On February 26, 2018 the Town Council approved Ordinance 846 rezoning of the subject property from PD1-1 to PD6, authorizing a 56-lot single family residential development. The attached development agreement is required by both Ordinance 846 and the Code of Ordinances. Approval of this agreement will allow construction of the development to proceed. AGREEMENT PROVISIONS The attached agreement includes the following provisions: Page 2 of 3 • Construction and engineering specifications and conditions relative to land disturbance activities and public and private improvements; • Conservation area restrictions, provisions and conditions; • Utility requirements and specifications; • Restriction of trail access across the conservation area to the Granada trail; • Other miscellaneous requirements. With regard to the conservation area, documents pertaining to the formal conveyance of the land from the developer to the Town are currently under review and are anticipated to be brought forward for approval by the Town Council no later than February 25, 2019. However, the attached agreement contains protection requirements and conditions related to the conservation area that will be recorded with the final conveyance deed as well. These conditions are common to conservation easements in other communities. These requirements along with the conditions contained in Ordinance 846 will serve to provide a comprehensive enforcement vehicle for protection of the conservation through construction and beyond. As shown in the Exhibit A-2 (attached), a permanent four-foot high black wire mesh permanent fence will be constructed by the developer immediately in order to protect the conservation area from future construction activities. CONSTRUCTION AND DEVELOPMENT SCHEDULE The developer requests to begin construction of the fence between the conservation area and the remainder of the development in addition to clearing and grubbing the locations of future streets and drainage areas in mid-December 2018. This will be followed by grading for streets and drainage only in mid-January 2019 and constructing utilities and streets in mid-February 2019 with construction tentatively scheduled for completion in late 2019. The following is a chronology and schedule of outstanding items that require Town Council approval per the provisions of Ordinance 846: 1. Preliminary Site Evaluation. Status: Approved by Resolution 18-36 on September 24, 2018 2. Agreement for Subdivision Improvements (Part One of Two Development Agreements) Includes specific development construction requirements. Approval Date: 12/10/2018 3. Conservation Area Land Conveyance to Town Includes the deed conveying the land to the town and the conservation conditions Approval date: Must be approved before construction of public improvements and streets begins per the terms of the attached agreement. 4. Part Two of Two Development Agreement (Approved as amendment or addendum to attached agreement) Page 3 of 3 Includes all other development requirements including CCR’s, architectural design guidelines, Park dedication, etc. Approval Date: Must be approved within six months of execution date of attached agreement per the agreement terms. 5. Final Plat Includes the final recorded lot layout and all final exactions Approval Date: Must be approved and recorded with the County Clerk in order to release the development for issuance of building permits. RECOMMENDATION Approval ATTACHMENTS Draft Resolution Resolution 18-49 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 18-49 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS WITH WILBOW-SOLANA LLC, RELATED TO THE KNOLLS AT SOLANA DEVELOPMENT IN WESTLAKE, TEXAS. WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code (“LGC”); and WHEREAS, the Town of Westlake (Town) and Wilbow-Solana, LLC (the Owner) desire to enter into a partnership to continue this planned growth through a Development Agreement for Subdivision Improvements, which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake; and, WHEREAS, Wilbow-Solana, LLC, as the owner of land located within the Town, intends to develop 62.531 acres (as defined herein), and the development and construction on such Land is expected to significantly enhance the economic base of the Town; 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 Development Agreement for Subdivision Improvements attached hereto as Exhibit “A” with the Owner; and further authorizes the Town Manager to execute said agreements and pursue any necessary procedures on behalf of the Town of Westlake. 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 provision ns hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-49 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10th DAY OF DECEMBER, 2018. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ _____________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney EXHIBIT “A” Page 1 of 16 Resolution 18-49 DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS – THE KNOLLS AT SOLANA This Agreement is entered into by and between the Town of Westlake, Texas, hereinafter referred to as the “Town”, and the undersigned Developer, Wilbow-Solana LLC, hereinafter referred to as the “Developer”, as developer of THE KNOLLS AT SOLANA, hereinafter referred to as the “Development”, for the installation of certain community facilities and improvements, hereinafter referred to as the “Improvements”, located therein, and for the provision of Town services thereto. It is understood by and between the parties that this Agreement is applicable to the lots contained within the Development and to the off-site Improvements necessary to support the Development as shown on The Knolls at Solana Preliminary Site Evaluation approved by Resolution 18-36 attached hereto as Exhibit “A-1”. Further, it is understood that this agreement is specific to subdivision improvements and that a subsequent agreement between the Developer and the Town that addresses the remaining outstanding provisions contained in Ordinance 846 shall be approved no later than six months from the date that this agreement is executed. NOW, THEREFORE, in consideration of the premises cited hereinabove and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged, the parties hereto agree as follows: A. GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS 1. The Developer shall furnish, at its own expense, all engineering services required for the Development and the Improvements. Engineering services shall be performed by a professional engineer registered in the State of Texas. Such engineering services shall conform in all respects to the Town engineering and design standards. Engineering services shall consist of, but not be limited to, survey, designs, plans and profiles, estimates, construction supervision, and the furnishing of necessary documents in connection therewith. All engineering plans shall be submitted for review by, and be subject to, the stamped acceptance by the town engineer. The town engineer's review and acceptance does not relieve the Developer or Developer's engineer of the responsibility for design and construction. 2. Construction of the Improvements shall be in strict conformance with the plans to be prepared by the Developer and reviewed and accepted by the town engineer and with all policies, standards, and standards and specifications adopted by the Town relating thereto. The town engineer's review and acceptance of the plans shall not limit or affect the Developer's responsibility for design and construction. 3. The Developer shall employ, at its own expense, a qualified testing company, previously approved by the Town, to perform all testing of materials or construction that may be required by the Town and shall furnish copies of test results to the town engineer. 4. At all times during construction of the Improvements, the Town shall have the right, but not the duty, to inspect materials and workmanship, and all materials and work shall conform to the accepted plans and specifications. Any material or work not conforming to EXHIBIT “A” Page 2 of 16 Resolution 18-49 the accepted plans and the Town’s engineering standards shall promptly be removed or replaced to the satisfaction of the town engineer at the Developer's expense. 5. The Developer will be responsible for mowing all grass and weeds and otherwise reasonably maintaining all land within the Development which has not been sold to third parties. After fifteen (15) days written notice, should the Developer fail in this responsibility, the Town may contract for this service and bill the Developer for reasonable costs. Should the costs remain unpaid for 30 days after notice, the Town may issue a construction stop work order until all costs are paid. 6. The obligations of the Developer provided for in this agreement pertaining to Development Improvements shall be performed no later than two (2) years from the issuance of the notice to proceed for construction of Development Improvements, and proper application for acceptance of the Improvements shall be made by such date. 7. No Improvements shall be deemed to be completed until the town engineer has certified, in writing, that the Improvements have been completed in general conformance with the plans therefore as accepted by the Town. 8. The Developer shall provide the town engineer with a sworn affidavit, signed by the Developer's authorized representative, that the Improvements completed have been paid for, in full, by the Developer. The Developer shall be responsible for the information so provided. Said written certification will be reviewed by the Town, but the Town shall assume no responsibility or liability to any party regarding the veracity of the information so provided. 9. Before the Town accepts the Improvements, Developer shall furnish to the Town reproducible "as constructed" drawings, certified accurate by the town engineer. 10. Developer is responsible for all permit fees associated with the construction or installation of the Improvements. These fees include all fees contained in the Westlake Code of Ordinances and the most recently adopted fee schedule. 11. Before commencing the construction of any Improvements herein agreed upon, the Developer shall acquire at its own expense good and sufficient title to streets and easements, free and clear of any liens or encumbrances on all lands and facilities other than Developer’s development loan, if any, traversed by the proposed Improvements. All such streets and easements shall be dedicated or conveyed either to the HOA or the Town, and, if to the Town, the documents of dedication or conveyance shall be furnished to the Town for recording. A policy of title insurance insuring title in the Town for a commercially reasonable policy amount may be required by the Town, and the Developer shall pay the premium for such title insurance policy. 12. Not later than six months from the execution date of this agreement, an additional mutually acceptable development agreement(s) shall be entered into by and between the Developer and Town that details the following items: development covenants, conditions and EXHIBIT “A” Page 3 of 16 Resolution 18-49 restrictions (CCR’s) to be enforced by the homeowner’s association (HOA), which should include HOA dues, duties and powers, transitional details providing for an orderly transition from the declarant to the HOA, and Town review of HOA dues to provide for adequacy of funding of maintenance of private infrastructure to Town standards by the HOA; architectural design guidelines; final landscaping details and maintenance; homebuilder requirements and obligations; regulation of public/guest parking spaces and maintenance; cluster mailbox designs and locations; parkland dedication. The additional agreement(s) may be entered into as amendment to this agreement or as a separate agreement. 13. Per the provisions of Ordinance 846, a 22.881-acre portion of the development shall be conveyed to the Town as a conservation area as depicted on Exhibit “A-4”. Said conservation area shall be conveyed not later than 60 days from the execution date of this agreement and prior to the construction of any permanent Improvements. Prior to any construction of permanent Improvements, said area shall be fenced from the remainder of the development by a permanent metal fence no less than four feet in height in order to restrict any encroachments onto the conservation area. The fence shall be consistent with drawing shown in Exhibit “A-2”. Said fence shall be maintained in good condition into perpetuity by the Developer and/or the homeowner’s association. Prior to grading and/or clearing of any portion of the property, a tree protection plan shall be submitted and approved by the town manager or designee. Performance of the following uses and activities are hereby restricted and prohibited on the conservation area: a. Altering the surface or general topography of the area, including but not limited to any alterations to habitat, excavating, mining, drilling, natural resource extraction, removal of topsoil, building roads or trails, paving or otherwise covering the area with concrete, asphalt or any other impervious material. b. Construction or placing of any building or structure on the area; c. Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required for (i) fire breaks, or (ii) prevention or treatment ~of disease; d. Impounding any natural water course or body of water or making alterations to any natural water course or body of water located in the area; e. Dumping or storage of materials, vegetation and/or waste of any kind and burial of any deceased animal or human being; f. Operation of any motorized and human powered transportation device including bicycles, scooters, skateboards, etc. This restriction shall not apply to a device utilized by a disabled person for primary mobility purposes; g. Burning of any fires including but not limited to campfires, grilling, torches, candles, matches, burning of trash, etc. EXHIBIT “A” Page 4 of 16 Resolution 18-49 h. Consumption of drugs, alcohol and/or any other controlled substance; i. Any activity deemed illegal criminal activity under the laws of the State of Texas and/or the United States; j. Any acts detrimental to the natural and ecological integrity of the area including the operation of an internal combustion engine, hunting or other wildlife disturbance, camping, any activity that involves accessing the property during nighttime hours; k. Any violation of the provisions listed above shall result in the assessment of a civil penalty by the town manager or designee as prescribed by Ordinance 846. 14. Pre-grading of individual residential lots prior to issuance of a building permit by the Developer is hereby prohibited except that no more than two areas that are identified as staging areas on Exhibit “A-3” attached hereto (the “Staging Areas”) which may be pre- graded in order to provide a staging area for construction activities provided that said areas do not in any way encroach upon the conservation area. 15. Other than the trail to be constructed along Solana Blvd. by the developer, there shall be no trail constructed, including any other structures, within the conservation area as defined above. 16. Construction, grading and/or clearing activities shall not commence until a notice to proceed is issued by the town manager or designee. 17. Prior to the issuance of the notice to proceed, the developer shall submit an erosion control plan to the town manager or designee for review and approval. At a minimum, the plan shall meet all Town ordinance requirements in addition to any additional conditions required by the town manager or designee. 18. Town personnel shall have unrestricted access to this development in perpetuity for official Town business including inspection of construction, and general inspection of the condition of the development. B. UTILITIES 1. The Developer shall furnish proof that proper arrangements have been made for the installation of water, sanitary sewer, gas, electric and duct bank utilities. 2. The Developer hereby agrees to install water facilities to serve all lots shown on the Preliminary Site Evaluation of the Development in accordance with plans and specifications to be prepared by the Developer’s engineer and released by the Town for construction and in accordance with Chapter 82, Article IX, Water Facilities, of the Town of Westlake Ordinances, as amended, and any other local, state and federal regulations. The Developer shall be responsible for all construction costs, materials and engineering save and except as follows: In accordance with Chapter 82, Subdivisions, Article XIV, EXHIBIT “A” Page 5 of 16 Resolution 18-49 Participation, The Town will participate in the actual cost of constructing the cost difference between the installation of approximately 850 LF, an 8” waterline and 12” waterline (WL-A) that extends from a northeast corner of the property where it intersects Sam School Road right-of-way, south along the right-of-way to the southeast corner of the property (beginning Sta 18+12.64 to end Sta 26+65.26). The amount of Town participation shall include all actual infrastructure costs of the waterlines, valves, plugs, bores, bends, etc. and shall be determined on the final development agreement for the Development, but shall not exceed $25,000.00. Payment shall not occur until all public infrastructure final acceptance requirements have been fulfilled. 3. The Developer hereby agrees to install sanitary sewer collection facilities to service all lots as shown on the final plat of the Development. Sanitary sewer facilities will be installed in accordance with the plans and specifications to be prepared by the Developer’s engineer and released by the Town. Further, the Developer agrees to complete this installation in accordance with Chapter 82, Article X, Wastewater Facilities, of the Town of Westlake Ordinances, as amended, and any other local, state and federal regulations. The Developer shall be responsible for all construction costs, materials, engineering, and permits. 4. The Developer hereby agrees to install drainage facilities to service all lots as shown on the final plat of the Development in accordance with the plans and specifications to be prepared by Developer’s engineer and released by the Town for construction. The Developer also agrees to adhere to Chapter 82, Article X, Drainage Facilities, of the Town of Westlake Ordinances, as amended. The Developer hereby agrees to fully comply with all EPA, TCEQ and FEMA requirements relating to the planning, permitting and management of storm water which may be in force at the time that development proposals are being presented for approval to the Town. The Developer hereby agrees to comply with all provisions of the Texas Water Code. C. USE OF PUBLIC RIGHT OF WAY It is agreed by and between the Town and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, patterned concrete, etc., for the enhancement of the Development. The Developer agrees to maintain these amenities until such responsibility is turned over to the HOA. The Developer and successors and assigns understand that the Town shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the Town from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by the Developer’s use of the public right-of-way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the Town against all such claims and demands. D. DEFAULT, TERMINATION AND FAILURE BY THE DEVELOPER TO MEET VARIOUS DEADLINES AND COMMITMENTS. EXHIBIT “A” Page 6 of 16 Resolution 18-49 1. Failure to Pay Town Taxes or Fees An event of default shall occur under this Agreement if during the term hereof any legally-imposed Town taxes or fees owed on, or generated by, the Developer or one of its Affiliates with regard to the Development become delinquent and Developer or the Affiliate does not either pay such taxes when due or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify the Developer in writing and the Developer shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to the Developer and shall have all other rights and remedies that may be available to it under the law or in equity. 2. Violations of Town Code, State or Federal Law An event of default shall occur under this Agreement if during the term hereof any written citation is issued to the Developer or an Affiliate due to the occurrence of a violation of a material provision of the Town Code with respect to the Development (including, without limitation, any violation of the Town’s Building or Fire Codes, and any other Town Code violations related to the environmental condition of the Development, or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall further occur under this Agreement if the Developer or its Affiliate is in violation of any material state or federal law, rule or regulation on account of the Development, improvements in the Development or any operations thereon (including, without limitation, any violations related to the environmental condition of the Development; the environmental condition on other land or waters which is attributable to operations of the Development; or to other matters concerning the public health, safety or welfare related to the Development). Upon the occurrence of such default, the Town shall notify the Developer in writing and Developer shall have (i) thirty (30) calendar days to cure such default or (ii) if Developer has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to the Developer and shall have all other rights and remedies that may be available to under the law or in equity. 3. General Breach Unless stated elsewhere in this Agreement, the Developer shall be in default under this Agreement if the Developer breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement (or, if the Developer has diligently and continuously attempted to cure following receipt EXHIBIT “A” Page 7 of 16 Resolution 18-49 of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Developer. E. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP It is expressly understood and agreed that the Developer shall not operate as a servant, contractor agent, representative or employee of the Town. Developer shall have the exclusive right to control all details and day-to-day operations relative to its operations and obligations that it is required to perform under the Agreement and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Developer acknowledges that the doctrine of respondeat superior will not apply as between the Town and Developer, or Town’s officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. the Developer further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Developer. F. INDEMNIFICATION THE DEVELOPER, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES (TOGETHER WITH THE TOWN, EACH A “TOWN INDEMNIFIED PERSON”) HARMLESS AGAINST ANY AND ALL THIRD PARTY CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES RELATED THERETO, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO THE DEVELOPER’S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT RELATE TO, ARISE OUT OF OR ARE OCCASIONED BY (i) THE DEVELOPER’S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF THE DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTORS), OR SUBCONTRACTORS DUE OR RELATED TO, FROM, OR ARISING FROM THE OPERATION AND CONDUCT OF ITS OPERATIONS AND OBLIGATIONS OR OTHERWISE TO THE PERFORMANCE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION F SHALL REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY CLAIMS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TOWN ENGINEER OR ANY TOWN INDEMNIFIED PERSON. EXHIBIT “A” Page 8 of 16 Resolution 18-49 G. INDEMNITY AGAINST NEGLIGENT DESIGN APPROVAL OF THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE, OFFICIAL, CONSULTANT, EMPLOYEE, OR OFFICER OF ANY PLANS, DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER UNDER THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, ITS ENGINEER, CONTRACTORS, EMPLOYEES, OFFICERS, OR AGENTS FOR THE ACCURACY AND COMPETENCY OF THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR LIABILITY BY THE TOWN FOR ANY DEFECT IN THE DESIGN AND SPECIFICATIONS PREPARED BY THE CONSULTING ENGINEER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, IT BEING THE INTENT OF THE PARTIES THAT APPROVAL BY THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE, OFFICIAL, CONSULTANT, OR OFFICER SIGNIFIES THE TOWN APPROVAL OF ONLY THE GENERAL DESIGN CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS CONNECTION, THE DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS EACH TOWN INDEMNIFIED PERSON, FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH MAY ARISE OUT OF ANY NEGLIGENT DESIGN OF THE ENGINEER INCLUDED IN DESIGNS AND SPECIFICATIONS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH, AND THE DEVELOPER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST ANY TOWN INDEMNIFIED PERSON, ON ACCOUNT THEREOF, TO PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM, COLLECTIVELY OR INDIVIDUALLY, PERSONALLY OR IN THEIR OFFICIAL CAPACITY, IN CONNECTION HEREWITH; PROVIDED THAT DEVELOPER SHALL HAVE THE RIGHT TO SELECT COUNSEL OF ITS OWN CHOOSING AND SHALL HAVE ALL REQUISITE AUTHORITY TO ENTER INTO ANY SETTLEMENT AGREEMENT AT ANY TIME IN CONNECTION WITH ANY SUCH CLAIMS OR LIABILITIES FOR WHICH DEVELOPER OWES INDEMNITY UNDER THIS SECTION G. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION G SHALL REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY CLAIMS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TOWN ENGINEER OR ANY TOWN INDEMNIFIED PERSON. EXHIBIT “A” Page 9 of 16 Resolution 18-49 H. NOTICES All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: If to Developer: Wilbow-Solana LLC Attn: Lawrence Corson 4131 N. Central Expressway Suite 990, Lockbox 13 Dallas, TX 75204 With a copy to: Watson Law Group PLLC Attn: Monty Watson 4925 Greenville Avenue, Suite 717 Dallas, TX 75206 If to Town: Town of Westlake Attn: Town Manager 1500 Solana Blvd. Building 7, Suite 7200 Westlake, Texas 76262 With a copy to: Boyle & Lowry, L.L.P. Attn: L. Stanton Lowry 4201 Wingren Dr., Suite 108 Irving, Texas 75062 I. ASSIGNMENT AND SUCCESSORS The Developer may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council. Any lawful assignee or successor in interest of the Developer of all rights and obligations under this Agreement shall be deemed ‘the Developer’ for all purposes under this Agreement. J. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS This Agreement will be subject to all applicable Federal, State and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town’s codes and ordinances, as amended. EXHIBIT “A” Page 10 of 16 Resolution 18-49 K. GOVERNMENTAL POWERS It is understood that by execution of this Agreement, the Town does not waive or surrender any of it governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement. L. NO WAIVER The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion. M. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. N. NO THIRD PARTY RIGHTS The provisions and conditions of this Agreement are solely for the benefit of the Town and The Developer, and any lawful assign or successor of The Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. O. FORCE MAJEURE It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligation hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather that prohibits compliance with any portion of this Agreement, or other circumstances which are reasonably beyond the control or knowledge of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was delayed. P. INTERPRETATION In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither EXHIBIT “A” Page 11 of 16 Resolution 18-49 more strongly for or against any party, regardless of the actual drafter of this Agreement. Q. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. R. CAPTIONS Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. S. ENTIRETY OF AGREEMENT This Agreement, including any attachments attached hereto, including the Requirements for Contractor’s Insurance [DO YOU HAVE?] and any documents incorporated herein by reference, and the Economic Development Program Agreement, contain the entire understanding and Agreement between the Town and the Developer, and any lawful assign and successor of the Developer, as to the matters contained herein. Any prior or contemporaneous oral or written Agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. T. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXHIBIT “A” Page 12 of 16 Resolution 18-49 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Wilbow-Solana, LLC __________________________________ By: Lawrence Corson Title: Co-President Address: 4131 N. Central Expressway Suite 990, Lockbox 13 Dallas, TX 75204 STATE OF TEXAS COUNTY OF TARRANT On _____________________, before me, ___________________________, Notary Public, personally appeared Lawrence Corson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capaTown, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. ________________________________ WITNESS my hand and official seal. (SEAL) - Notary Public My commission expires: ______________________________ TOWN OF WESTLAKE, TEXAS By: _______________________________________________ Thomas E. Brymer, Town Manager ATTEST: ______________________________________________ Kelly Edwards, Town Secretary _______________________________________________ Stan Lowry, Town Attorney Date: _______________________________________________ EXHIBIT “A” Page 13 of 16 Resolution 18-49 Exhibit “A-1” – Preliminary Site Evaluation EXHIBIT “A” Page 14 of 16 Resolution 18-49 Exhibit “A-2” – Conservation Area Fence EXHIBIT “A” Page 15 of 16 Resolution 18-49 Exhibit “A-3” – Construction Staging Areas EXHIBIT “A” Page 16 of 16 Resolution 18-49 Exhibit “A-4” – Conservation Area Exhibit 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: - The Knolls - BRE Solana - Charles Schwab - 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 Council Item # 7 – Executive Session Town Council Item # 8 – 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: - The Knolls - BRE Solana - Charles Schwab - 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 Council Item #9 – 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 # 10 – Future Agenda Items Town Council Item # 11 – Adjournment Regular Session