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HomeMy WebLinkAbout01-26-15 TC Agenda packetThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement 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 TOWN OF WESTLAKE, TEXAS 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 January 26, 2015 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS Workshop 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 JANUARY 26, 2015, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2014. 5. DISCUSSION ITEMS a. Presentation and discussion of an annual report from the Texas Student Housing Authority. (10 min) b. Presentation and Discussion of Solana redevelopment plans by new Solana Owners (Equity aka Blackstone) including Way Finding, Signage, Lighting, Retail, Open Space Reconfiguration, Parking, and Building Remodeling. (15 min) c. Presentation and discussion regarding zoning for a proposed Carlyle Planned Development residential community for property located at 1480 Dove Road, further described as Lot 1, Block 1 of the Dove Addition, approximately 10.18 acres. (15 min) d. Standing Item: Update and discussion regarding the Granada Development. e. Standing Item: Update and discussion regarding the Entrada Development. 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). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. 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 Page 3 of 5 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). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. COUNCIL RECAP / STAFF DIRECTION 10. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes as amended from the November 17, 2014, meeting. b. Consider approval of the minutes from the December 8, 2014, meeting. c. Consider approval of the minutes from the January 8, 2015, meeting. d. Consider approval of the minutes from the December 15, 2015, meeting. Page 4 of 5 e. Consider approval of Ordinance 744, Calling and Ordering an Election for the purpose of Electing Three (3) Council Members to be held on May 9, 2015, in Accordance with the provisions of Section 23.023, Texas Local Government Code. f. Consider approval of Resolution 1 5-03, Amending the Fiscal Year 2014/2015 Adopted Budget and further authorizing the Town Manager to execute an agreement with Roadway Solutions, Inc. for $71,795.00 to include the Installation of Internally Illuminated Street Name Signs at three (3) locations. g. Consider approval of the minutes from the January 15, 2015, meeting. 4. DISCUSSION AND CONSIDERATION OF ORDINANCE 745, AMENDING CHAPTER 70 SIGNS (SIGNAGE); SECTIONS 70-12, 70-18, AND 70-19 PROVIDING FOR SIGN REGULATIONS WITHIN COMMERCIAL DISTRICTS. 5. CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE 746, REGARDING A ZONING CHANGE FROM R 1 “ESTATE RESIDENTIAL” TO PD-6 “PLANNED DEVELOPMENT - SINGLE-FAMILY RESIDENTIAL DISTRICT WITH TEN LOTS.” THE SUBJECT PROPERTY IS COMMONLY KNOWN AS 1480 DOVE ROAD, FURTHER DESCRIBED AS LOT 1, BLOCK 1 OF THE DOVE ADDITION, APPROXIMATELY 10.18 ACRES. – Applicant has requested the application be tabled. 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 Subdivisi on (1). Maguire Partners- Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. 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). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. Page 5 of 5 d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 10. COUNCIL CALENDAR 11. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, January 21, 2015, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes as amended from the November 17, 2014, meeting. b. Consider approval of the minutes from the December 8, 2014, meeting. c. Consider approval of the minutes from the January 8, 2015, meeting. d. Consider approval of the minutes from the January 15, 2015, meeting. e. Consider approval of Ordinance 744, Calling and Ordering an Election for the purpose of Electing Three (3) Council Members to be held on May 9, 2015, in Accordance with the provisions of Section 23.023, Texas Local Government Code. f. Consider approval of Resolution 15-03, Amending the Fiscal Year 2014/2015 Adopted Budget and further authorizing the Town Manager to execute an agreement with Roadway Solutions, Inc. for $71,795.00 to include the Installation of Internally Illuminated Street Name Signs at three (3) locations. Town of Westlake Item # 3 – Review of Consent Agenda Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2014. Town of Westlake Item # 4– Reports Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, January 26, 2015 TOPIC: Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2014 STAFF CONTACT: Debbie Piper, Finance Director DECISION POINTS Start Date Completion Date Timeframe: N/A N/A Funding: Amount - N/A Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Maintain Excellence in Reporting and Financial Standards Strategic Issue Outcome Strategy Staff Action Fiscal Stewardship & Organizational Effectiveness 5. Budget according to established service level provisions within departments. SA 05.2: Continually Monitor Revenue and Expenditures Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 3 EXECUTIVE SUMMARY The 1st quarter “Dashboard” reports and “Analysis” for the FY 2014-2015 are attached. Our goal is to have a concise and easy to understand document regarding the financials of our three (3) major funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining funds are a function of transfers in, related expenditures and transfers out; therefore, we have not prepared quarterly reports for these funds. We have also included an additional report related to the capital projects year-to-date expenses as well as an update of the projects. Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”, beside several revenue line items. The “A” indicates that specific “YTD Actual” line-items are based on the accrual method. This means that revenue received after 12/31/14 but related to that specific quarter, i.e. sales tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD Actual” for comparison to the budget. The “YTD Budget” is based on 3 months out of the 12 month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual receipts. In addition to accruing the water revenue receipts for the “YTD Actual”, the YTD Budget” calculation has been changed from 3 months of the 12 month period to a much better representation of that fund’s revenue. Because the majority of the water revenue is received in the spring and summer (hotter, dryer months), the “YTD Budget” calculation is now being based on the percentage of revenues received for the first three months of the prior year. In review, these quarterly reports contain a “dashboard” display complete with major revenue and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals” at 12/31/14 has been presented. The color green obviously means t hat we are good in those specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two areas show up as yellow (cautionary) or red (critical). A summary is presented at the bottom of each fund page indicating the net revenues over (under) expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that we will strive to maintain 90 days of operations. Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the variances. I have explained several of the line-items that were greater (green) in revenue than we anticipated helping you understand what specifically happened with that revenue line-item. I have also prepared explanations for several expenditures that were considerably under budget so you may see why these funds have not been expended. Included in each explanation you will find a number that reflects the exact variance in that department/line-item. Page 3 of 3 ORGANIZATIONAL HISTORY/RECOMMENDATION This report is being provided in keeping with the strategic plan which encourages financial stewardship that is transparent and timely. ATTACHMENTS Quarterly Financial Dashboard and Analysis for the Quarter Ended 12/31/14 for the following funds: • General Fund • Visitors Association Fund • Utility Fund Capital Improvements Update TOWN OF WESTLAKE General Fund Quarterly Financial Dashboard Quarter Ended 12/31/14 FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget A General Sales Tax 922,418 3,376,250 851,000 561,513 66%(289,487) A%Property Tax 36%425,953 1,209,094 432,851 709,623 164%276,772 A Franchise Fees 158,988 795,383 200,480 119,624 60%(80,856) Permits and Fees 191,185 1,458,500 367,622 163,175 44%(204,447) Fines & Forfeitures 157,757 670,000 168,877 166,528 99%(2,348) A Misc Income 15,126 119,264 30,061 11,665 39%(18,396) Total Revenues 1,774,070 7,628,491 2,050,891 1,732,129 84%(318,762) Other Sources - Transfers In 22,021 306,965 278,848 278,848 100%0 1,796,091$ 7,935,456$ 2,329,739$ 2,010,977$ 86%(318,762)$ A Based on accrual method % Based on % of PY Actual at quarter-end FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget Payroll & Related Taxes, Insurance 525,440 3,018,925 760,934 605,299 80%(155,636) Operations & Maintenance 520,181 3,310,434 834,411 806,908 97%(27,503) Total Expenditures 1,045,621 6,329,359 1,595,345 1,412,207 89%(183,139) Other Uses - Transfers Out 504,993 2,276,612 1,666,398 1,618,111 97%(48,287) 1,550,614$ 8,605,971$ 3,261,743$ 3,030,318$ 93%(231,425)$ FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual Budget Budget Actual 1,796,091 7,935,456 2,329,739 2,010,977 1,550,614 8,605,971 3,261,743 3,030,318 245,477$ (670,515)$ (932,004)$ (1,019,341)$ 5,896,631 6,675,326 6,675,326 6,675,326 Ending Fund Balance 6,142,108$ 6,004,811$ 5,743,322$ 5,655,985$ 273,524 274,408 274,408 263,524 Unrestricted Fund Balance 5,868,584$ 5,730,402 5,468,914 5,392,461$ # of Operating Days 310 243 229 Daily Operating Cost 18,925$ 23,578$ 23,578$ FY 14/15 ADOPTED BUDGET REVENUES AND OTHER SOURCES SUMMARY Total Expenditures and Other Uses FY 14/15 ADOPTED BUDGET FY 14/15 ADOPTED BUDGET EXPENDITURES AND OTHER USES Total Revenues and Other Sources ** DASHBOARD VARIANCE DASHBOARD VARIANCE Excess Revenues/Sources Over (Under) Expenditures/Uses Beginning Fund Balance Restricted Funds Total Revenues and Other Sources Total Expenditures and Other Uses Positive >90% Cautious 70% - 90% Negative <70% Revenue Legend Positive <100% Cautious 100% - 110% Negative >110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 1 Town of Westlake Dashboard Analysis for Quarter Ended 12-31-14 GENERAL FUND TOTAL REVENUES AND OTHER SOURCES o YTD ADOPTED BUDGET $2,329,739 o YTD ACTUAL $1,995,277 o PERCENT OF BUDGET 86% o OVER(UNDER) BUDGET ($318,762) GENERAL SALES TAX INCOME o YTD Adopted Budget $851,000 o YTD Actual $561,513 o Percent of Budget 66% o Over(Under) Budget ($289,487)  Sales tax revenues are received from the State two months after paid. Because the Town is on a modified accrual basis, we are able to recognize these revenues when earned; therefore, we recognize revenues we received in October and November in the prior year FY13/14.  We have only received two months of revenues for the first quarter of FY2015 • Dec 2014 - received $300,826 for Oct 2014 payments (inc. PTR portion) • Jan 2015 - received $260,686 for Nov 2014 payments (inc. PTR portion) • Feb 2015 - not received yet - prior FY was $455,673 – this month tends to be more due to quarterly and annual filers PROPERTY TAX INCOME o YTD Adopted Budget $432,851 (based on receipts at this time in prior year) o YTD Actual $709,623 o Percent of Budget 164% o Over(Under) Budget $276,772  Income will not be distributed evenly over the fiscal year.  Majority of taxes will be received within 1st and 2nd quarters • Oct 2014 - received $38,726 • Nov 2014 - received $74,322 • Dec 2014 - received $596,575 FRANCHISE FEE INCOME o YTD Adopted Budget $200,480 o YTD Actual $119,624 o Percent of Budget 60% o Over(Under) Budget ($80,856)  1st quarter payments have not been received • AT&T – Prior FY 1st quarter receipt was $ $62,604 • Verizon – Prior FY 1st quarter receipt was $14,102 2 Town of Westlake Dashboard Analysis for Quarter Ended 12-31-14 GENERAL FUND PERMITS AND FEES o YTD Adopted Budget $367,622 o YTD Actual $163,175 o Percent of Budget 44% o Over(Under) Budget ($204,447)  Majority is from Department 12 Planning and Development – under budget $170,193 • Grading and Excavation fees ($2,656) • Building Permits ($135,401) • Plan Review and Inspections ($15,780) • Development Fees ($8,288) • Gas Well and Engineer Review/Civil fees ($8,066)  Granada received final plat approval three months later than developer projected, which in-turn, slowed down housing permits.  Per Director, budget is anticipated to be met by the end of the fiscal year MISC INCOME o YTD Adopted Budget $30,061 o YTD Actual $11,665 o Percent of Budget 39% o Over(Under) Budget ($18,396)  1ST quarter Beverage Tax income has not been received yet  Received $14,166 in 1ST quarter PY OTHER SOURCES – TRANSFER IN o YTD Adopted Budget $278,848 o YTD Actual $278,848 o Percent of Budget 100% o Over(Under) Budget $0  Transfer In from Utility Fund of $256,245 – Recorded 100% at beginning of the year. This is a Loan Repayment for construction of Ground Storage Tank in FY 13/14 and is the first of two total annual payments.  Transfer In from General Fund of $13,220 – Recorded 100% at beginning of the year. This amount represents the percentage of the Communication’s Department related to Visitors Association Fund activities 3 Town of Westlake Dashboard Analysis for Quarter Ended 12-31-14 GENERAL FUND E XPENDITURES AND OTHER USES o YTD ADOPTED BUDGET $3,261,743 o YTD ACTUAL $3,030,318 o PERCENT OF BUDGET 93% o OVER(UNDER) BUDGET $(231,425) PAYROLL WAGES & RELATED TAXES & INSURANCE o YTD Adopted Budget $760,934 o YTD Actual $605,299 o Percent of Budget 80% o Over(Under) Budget ($155,636)  Employee increases are based on anniversary dates (some have not received their annual increase yet) this amount will increase as the year goes on.  This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment  Fire/EMS department filled two vacant positions in December 2014.  Municipal Court has not filled newly budgeted position for part time clerk. OPERATIONS AND MAINTENANCE o YTD Adopted Budget is $834,411 o YTD Actual is $806,908 o Percent of Budget 97% o Over(Under) Budget ($27,503)  The largest portion of this variance ($31,155) is due to repair and maintenance expenditures being under budget for the first quarter. As the year progresses, these expenditures should balance out. • Vehicle R&M (7,192) • Contract Trail R&M (5,545) • Grounds R&M (5,041) • Road R&M (3,666) • GWF Park R&M (2,817) • Contract Median R&M (2,067) • Irrigation R&M (1,260) • Building R&M (1,193) • Vehicle R&M (1,059) 4 Town of Westlake Dashboard Analysis for Quarter Ended 12-31-14 GENERAL FUND OTHER USES - TRANSFERS OUT o YTD Adopted Budget $1,666,398 o YTD Actual $1,618,111 o Percent of Budget 97% o Over(Under) Budget ($48,287)  100% of funds were transferred on October 1st. • Transfer Out to ED $35,758 • Transfer Out to CP $1,150,000 • Transfer Out to GMR $275,000  Remaining balance of transfer to Debt Service Fund will be transferred when bonds are paid – transferred $157,353 to-date 5 TOWN OF WESTLAKE FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget A Hotel Occupancy Tax 155,861 707,000 178,203 142,441 80%(35,762) Misc Income 3,368 21,550 5,432 3,360 62%(2,072) Total Revenues 159,229 728,550 183,635 145,801 79%(37,833) Other Sources - Transfers In 0 0 0 0 0%0 159,229$ 728,550$ 183,635$ 145,801$ 79%(37,833)$ A Based on accrual method FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget Operations & Maintenance 29,766 249,814 62,967 38,689 61%(24,278) Operating Transfers for Payroll 62,211 457,110 115,217 65,782 57%(49,435) Total Expenditures 91,977 706,924 178,184 104,470 59%(73,713) Other Uses - Transfers Out 3,255 177,670 44,783 13,220 30%(31,563) 95,232$ 884,594$ 222,966$ 117,690$ 53%(105,276)$ FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual Budget Budget Actual 159,229 728,550 183,635 145,801 95,232 884,594 222,966 117,690 63,997$ (156,044)$ (39,332)$ 28,111$ 1,026,639 1,056,040 1,056,040 1,056,040 Ending Fund Balance 1,090,635$ 899,996$ 1,016,708$ 1,084,151$ 151,700 164,450 164,450 - Assigned Fund Balance 938,935$ 735,546$ 852,258$ 1,084,151$ # of Operating Days 495 304 447 Daily Operating Costs 1,896$ 2,424$ 2,424$ Quarter Ended 12/31/14 Quarterly Financial Dashboard DASHBOARD VARIANCE DASHBOARD VARIANCEFY 14/15 ADOPTED BUDGET FY 14/15 ADOPTED BUDGET SUMMARY Beginning Fund Balance Restricted Funds Visitors Association Fund Total Revenues and Other Sources Total Expenditures and Other Uses Excess Revenues/Sources Over (Under) Expenditures/Uses Total Expenditures and Other Uses Total Revenues and Other Sources EXPENDITURES AND OTHER USES REVENUES AND OTHER SOURCES FY 14/15 ADOPTED BUDGET Positive >90% Cautious 70% - 90% Negative <70% Color Legend Positive <100% Cautious 100% -110% Negative >110% Color Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 6 Town of Westlake Dashboard Analysis for Quarter Ended 12-31-14 VISITORS ASSOCIATION FUND TOTAL REVENUES AND OTHER SOURCES o YTD ADOPTED BUDGET $183,635 o YTD ACTUAL $145,801 o PERCENT OF BUDGET 79% o OVER(UNDER) BUDGET ($37,833) HOTEL OCCUPANCY TAX o YTD Adopted Budget $178,203 o YTD Actual $142,441 o Percent of Budget 80% o Over(Under) Budget ($35,762)  December Hotel Tax has not been received yet.  Marriott prior year for December $38,203  Deloitte prior year for December $1,593 (50%)/50% returned to Deloitte per Economic Development Agreement MISCELLANEOUS INCOME o YTD Adopted Budget $5,432 o YTD Actual $3,360 o Percent of Budget 62% o Over(Under) Budget ($2,072)  This income represents revenues from sponsorships, donations and special events from the Historical Board, Public Arts and Arbor Days. These events will occur later in the fiscal year and revenues should be received at that time. 7 Town of Westlake Dashboard Analysis for Quarter Ended 12-31-14 VISITORS ASSOCIATION FUND TOTAL EXPENDITURES AND OTHER USES o YTD ADOPTED BUDGET $222,966 o YTD ACTUAL $117,690 o PERCENT OF BUDGET 53% o OVER(UNDER) BUDGET ($105,276) OPERATIONS AND MAINTENANCE o YTD Adopted Budget $62,967 o YTD Actual $38,689 o Percent of Budget 61% o Over(Under) Budget ($24,278)  Marriott Marketing under budget $10,082 o Several bookings have been received to-date and if meets criteria, approximately $17K should be paid out by year-end  Marriott Transportation under budget $20,000 – Will pay when statement received from Marriott OPERATING TRANSFERS FOR PAYROLL o YTD Adopted Budget $115,217 o YTD Actual $65,782 o Percent of Budget 57% o Over(Under) Budget ($49,435)  Amount transferred is in direct relation to payroll costs; because employees’ adjustments are based on anniversary dates (and some have not received their adjustment yet) this amount will increase as the year goes on.  This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment OTHER USES - TRANSFERS OUT o YTD Adopted Budget $44,783 o YTD Actual $13,220 o Percent of Budget 30% o Over(Under) Budget $31,563  Timing difference regarding the Transfers Out to the Debt Service Fund for Series 2013 General Obligation Refunding 2008 Bonds.  Total payment due is $164,450  $142,225 Principal and interest payment due February 2015  $ 22,225 Interest only payment due August 2015 8 FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget A%Water Revenues 287,303 2,510,544 344,868 364,371 106%19,503 Sewer/Waste Revenues 154,970 701,266 126,864 133,738 105%6,874 Tap/Impact Fee Revenues 33,016 60,750 15,312 24,174 158%8,862 Misc Revenues 24,621 198,004 49,908 12,339 25%(37,569) Total Revenues 499,910 3,470,564 536,952 534,622 100%(2,330) Other Sources - Bond Proceeds - 0 0 0 0%0 Other Sources - Transfers in - 0 0 0 0%0 Total Other Sources 0 0 0 0 0%0 499,910$ 3,470,564$ 536,952$ 534,622$ 100%(2,330)$ A Based on accrual method % Based on % of PY Actual at quarter-end FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget A%Water Purchases 83,908 1,280,600 242,375 202,126 83%(40,249) Operations & Maintenance 228,309 1,124,076 283,329 108,487 38%(174,842) Capital Projects 105,148 288,500 72,718 49,425 68%(23,293) Total Expenses 417,365 2,693,176 598,421 360,038 60%(238,383) Operating Transfer Out for Payroll 60,590 352,198 88,773 77,319 87%(11,454) Other Uses - Transfers Out 153,036 743,745 715,628 715,628 100%0 Total Other Uses 213,626 1,095,943 804,401 792,947 99%(11,454) 630,991$ 3,789,119$ 1,402,822$ 1,152,985$ 82%(249,838)$ FY 13/14 FY 14/15 1st Quarter Annual 1st Quarter 1st Quarter Actual Budget Budget Actual 499,910 3,470,564 536,952 534,622 630,991 3,789,119 1,402,822 1,152,985 (131,081)$ (318,555)$ (865,870)$ (618,363)$ 5,550,572 5,281,969 5,281,969 5,281,969 Ending Fund Balance 5,419,491$ 4,963,414$ 4,416,099$ 4,663,606$ 172,810 197,465 197,465 201,410 Unrestricted Fund Balance 5,246,681$ 4,765,950 4,218,634 4,462,196$ 372,807 2,756,874 387,932 652 508 535 8,043$ 8,343$ 8,343$ 14% 18% FY 14/15 ADOPTED BUDGET DASHBOARD VARIANCE Total Revenues and Other Sources DASHBOARD VARIANCEFY 14/15 ADOPTED BUDGET REVENUES AND OTHER SOURCES TOWN OF WESTLAKE Total Expenses and Other Uses Excess Revenues/Sources Over (Under) Expenditures/Uses Beginning Fund Balance Restricted Funds Total Revenues and Other Sources Utility Fund - 500 Quarter Ended 12/31/14 Quarterly Financial Dashboard Total Operating Expenses # of Operating Days Daily Operating Cost SUMMARY Total Expenditures and Other Uses FY 14/15 ADOPTED BUDGET EXPENSES AND OTHER USES 19% Positive >90% Cautious 70% - 90% Negative <70% Revenue Legend Positive <100% Cautious 101%- 110% Negative >110% Expense Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 9 Town of Westlake Dashboard Analysis for Quarter Ending 12-31-14 UTILITY FUND TOTAL REVENUES AND OTHER SOURCES o YTD ADOPTED BUDGET $536,952 o YTD ACTUAL $534,622 o PERCENT OF BUDGET 100% o OVER(UNDER) BUDGET ($2,330) MISC REVENUES o YTD Adopted Budget $49,908 o YTD Actual $12,339 o Percent of Budget 25% o Over(Under) Budget ($37,569)  TRA Wastewater Settle-Up – under budget ($23,102)  Historically the Town has received this revenue in June of each year. TOTAL EXPENSES AND OTHER USES o YTD ADOPTED BUDGET $1,402,822 o YTD ACTUAL $1,152,985 o PERCENT OF BUDGET 82% o OVER(UNDER) BUDGET ($249,838) WATER PURCHASES o YTD Adopted Budget $242,375 o YTD Actual $202,126 o Percent of Budget 83% o Over(Under) Budget ($40,249)  This total only includes billing for October consumption $117,623 and November consumption paid in January $84,502  December consumption will be paid in February – PY was $48,686 OPERATIONS AND MAINTENANCE o YTD Adopted Budget $283,329 o YTD Actual $108,487 o Percent of Budget 38% o Over(Under) Budget ($174,842)  Repair and Maintenance accounts under budget $34,637  As the year progresses, these expenditures should balance out. o $7,350 Water Main R&M 10 Town of Westlake Dashboard Analysis for Quarter Ending 12-31-14 UTILITY FUND o $6,259 Pump Station R&M o $6,255 Meter R&M o $3,781 Pump Station R&M o $3,316 Sewer Main R&M o $2,521 Instrument R&M  Debt Accounts under budget $48,827 o $29,796 Debt Service Keller Overhead Storage - will be processed in March o $14,058 Debt Service Ground Storage Tank – will be processed in February  Service Accounts under budget $94,464  As the year progresses, these expenditures should balance out. o $58,456 TRA-Wastewater Treatment o $12,681 Southlake-Wastewater Treatment o $ 5,598 Utility Billing o $ 3,302 Capital Project Operational Impact o $ 3,115 Water Utility Engineering o $ 2,710 Application Software Maintenance o $ 2,521 Contract Service o $ 1,701 Auditor CAPITAL PROJECTS o YTD Adopted Budget $72,718 o YTD Actual $49,425 o Percent of Budget 68% o Over(Under) Budget ($23,293)  See Capital Projects Update for more detail o ($63,014) N1 Sewer Line Transfer o $16,832 Ground Storage Tank residual o $32,593 Fort Worth Water Align Study Phase 2 o ($9,704) Meter Reading Equipment TRANSFERS OUT FOR PAYROLL o YTD Adopted Budget $88,773 o YTD Actual $77,319 o Percent of Budget 87% o Over(Under) Budget ($11,454)  Amount transferred is in direct relation to payroll costs; because employees’ adjustments are based on anniversary dates (and some have not received their adjustment yet) this amount will increase as the year goes on.  This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment 11 Town of Westlake Dashboard Analysis for Quarter Ending 12-31-14 UTILITY FUND OTHER USES - TRANSFERS OUT o YTD Adopted Budget $715,628 o YTD Actual $715,628 o Percent of Budget 100% o Over(Under) Budget $0  Transfers Out to Utility Maintenance Fund - Annual transfer to build fund balance. Recorded 100% ($450K) at beginning of the year.  Transfer Out to General Fund - Recorded 100% ($265K) at beginning of the year. This is a loan repayment for construction of Ground Storage Tank in FY 13/14 and is the first of two total annual payments. 12 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD UTILITY FUND PROJECTS Actuals Adopted Estimated Actuals Project To-date TOTAL FOR percent PROJECT DESCRIPTION ALL PYS FY 14-15 FY 14-15 FY 14-15 Variance Expended ALL YEARS complete 30 N1 Sewer Line Transfer - 250,000 250,000 - (250,000) - 250,000 0% 36 Ground Storage Tank 1,606,473 - - 16,832 16,832 1,623,305 1,623,305 100% 40 FW Water Align Study Phase 2 - - - 32,593 32,593 32,593 32,593 100% 38 Meter Reading Equipment - 38,500 38,500 - (38,500) - 38,500 0% TOTAL UF 500 1,606,473 288,500 288,500 49,425 (239,075) 1,655,898 1,944,398 85% TRA ASSUMPTION OF N-1 SEWER LINE (PROJECT 30) o FY 14/15 Adopted Budget: $250,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: $250,000 o Project Completion: 0% Staff continues to work with Southlake and TRA to move forward with this Capital Project. GROUND STORAGE TANK (PROJECT 36) o FY 14/15 Adopted Budget: $0.00 o FY 14/15 YTD Actual: $16,832 o Project-to-Date Expended: $1,623,305 o Total Estimated Project Cost: $1,623,305 o Project Completion: 100% One last invoice for this project was processed in December for irrigation repair work at the pump station. The ground storage tank was completed last fiscal year; however, we needed to repair damaged irrigation. This work was delayed until the tank contractor was released. 13 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD FORT WORTH WATER ALIGNMENT STUDY PHASE 2 (PROJECT 40) o FY 14/15 Adopted Budget: Amendment to be brought to Council o FY 14/15 YTD Actual: $32,593 o Project-to-Date Expended: $32,593 o Total Estimated Project Cost: pending o Project Completion: pending This project was not budgeted for FY 2014/2015. This study will provide for additional water capacity from the City of Fort Worth and will include the construction of a new water line sized to meet the Town’s project ultimate future water demands. We are currently working with the City of Fort Worth to determine three alternative routes and pricing for each of the routes. This preliminary engineering work will be completed by April 1, 2015. After we have determined the best route we will present this to the Town Council. We anticipate construction will need to begin within 12 to 18 months. METER READING EQUIPMENT (PROJECT 38) o FY 14/15 Adopted Budget: $38,500 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: 38,500 o Project Completion: 0% Staff has placed the order for the new meters and are awaiting delivery (should be within the next 2 to 3 weeks). 14 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD TRANSPORATION PROJECTS Actuals Adopted Estimated Actuals Project to- date TOTAL FOR percent PROJECT DESCRIPTION ALL PYS FY 14-15 FY 14-15 FY 14-15 Variance Expended ALL YEARS complete 34 Roanoke Road Recon/Drain South 2,900 453,000 453,000 - (453,000) 2,900 455,900 1% 40 Sam School Rd Recon/Drainage - 266,000 266,000 - (266,000) - 266,000 0% 041 E. Dove Rd Recon/Drain Vaq-TB - 100,000 100,000 - (100,000) - 100,000 0% 020 FM1938 Town Improvements 2,169,214 1,000,000 1,000,000 305,040 (694,960) 2,474,254 3,169,214 78% 2,172,114 1,819,000 1,819,000 305,040 (1,513,960) 2,477,154 3,991,114 62% ROANOKE ROAD RECON/DRAIN SOUTH (PROJECT 34) o FY 14/15 Adopted Budget: $453,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $2900 o Total Estimated Project Cost: $455,900 o Project Completion: 1% We are working with our engineers to develop plans and anticipate this project would be ready for bid in late summer. This project will include the reconstruction of Roanoke Road asphalt pavement sections south to the Westlake/Keller limits. SAM SCHOOL ROAD RECON/DRAIN SOUTH (PROJECT 40) o FY 14/15 Adopted Budget: $266,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: $266,000 o Project Completion: 0% We are working with the Southlake/Westlake Meadows developer, Merhrdad Moayedi to include this work with their realignment construction that will be in the Southlake section of Sam School Road. This work will include the reconstruction of the asphalt pavement section of Sam School Road south of the existing concrete section to the Westlake/Southlake limits. 15 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD E. DOVE ROAD RECON/DRAIN SOUTH (PROJECT 41) o FY 14/15 Adopted Budget: $100,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: $100,000 o Project Completion: 0% We are working with our engineers to develop plans and anticipate this project would be ready for bid in late summer. This work will include the reconstruction of Dove Road from the FM 1938 transition east to the Westlake/Southlake limits. The project will also include replacement of the existing Dove Road bridge between the Terra Bella entrances. 16 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: RICHARD WHITTEN FACILITY PROJECT Actuals Adopted Estimated Actuals PTD TOTAL FOR percent GL ACCOUNT NUMBER ALL PYS FY 14-15 FY 14-15 FY 14-15 Variance Expended ALL YEARS complete 410-74400 Project 000055 Outdoor Warning System - 99,000 99,000 - (99,000) - 99,000 0% TOTAL - 99,000 99,000 - (99,000) - 99,000 0% OUTDOOR WARNING SYSTEM o FY 14/15 Adopted Budget: $99,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: $99,000 o Project Completion: 0% The Outdoor Warning System project is to provide three outdoor warning sirens for the Town that will enhance Public Safety through an early warning notification system. The equipment has been ordered. Staff is expecting delivery of the system during the month. It is expected that the system will be installed and in service by the end of March. FIRE STATION FACILITIES REPLACEMENT REPLACEMENT FACILITY DESCRIPTION Budget Amount INSURANCE DEDUCTIBLE $1,000.00 INTERIM COSTS $9,000.00 REPLACEMENT FACILITIES $99,300.00 TEMPORARY FACILITIES $8,500.00 I.T. EQUIPMENT $40,700.00 FURNITURE AND FIXTURES $23,500.00 OPERATIONAL SUPPLIES $6,000.00 PAYROLL AND RELATED $4,000.00 UTILITIES $8,000.00 SUPERSTRUCTURE $6,000.00 TOTAL REPLACEMENT FACILITIES COST $ 200,000.00 17 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY J. MEYER CAPITAL PROJECTS Actuals Adopted Estimated Actuals PTD TOTAL FOR percent GL ACCOUNT NUMBER Project ALL PYS FY 14-15 FY 14-15 FY 14-15 Variance Expended ALL YEARS complete 410-72000 -000064 Fire Station Complex - 1,125,000 1,125,000 - (1,125,000) - 1,125,000 0% 410-74400 -000050 Glenwyck Farms Park Improvements - 195,000 195,000 - (195,000) - 195,000 0% 410-74400- -000062 Water Line & Well Improvements - 63,000 63,000 - (63,000) - 63,000 0% TROY - 1,383,000 1,383,000 - (1,383,000) - 1,383,000 0% FIRE STATION COMPLEX (PROJECT 64) o FY 14/15 Adopted Budget: $1,125,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: $1,125,000 o Project Completion: 0% The project includes the selection a firm in the next three months to recommend best locations and the size of a fire station to meet the needs of the Town. The project includes the acquisition of land for a future station which will include four bays, sleeping area, meeting room, kitchen, storage and two offices. This project will also include the Town’s EOC with back-up generator. It does not include any costs for new vehicles or training facility. GLENWYCK FARMS PARK IMPROVEMENTS (PROJECT 50) o FY 14/15 Adopted Budget: $195,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: $195,000 o Project Completion: 0% Purchase of playground equipment, benches and amenities to be located along the current Glenwyck Farms and Terra Bella trail systems. This project would include mile markers, lighting and way finding signs etc. Estimated completion date is August, 2015. 18 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY J. MEYER WATER LINE & WELL IMPROVEMENTS (PROJECT 62) o FY 14/15 Adopted Budget: $63,000 o FY 14/15 YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Total Estimated Project Cost: $63,000 o Project Completion: 0% This project includes a 2" irrigation line and the update of the water well by adding a 2,500 gallon water tank and upgrade to the current well pump at the white house across from the Cemetery and the 5 acre tract to water trees and landscaping. The project would also include surveying and scanning two sections. Estimated completion date is July, 2015. 19 Town of Westlake Update for Quarter Ended 12-31-14 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY J. MEYER WESTLAKE ACADEMY EXPANSION Actuals Adopted Estimated Actuals PTD TOTAL FOR percent ACCOUNT DESCRIPTION ALL PYS FY 14-15 FY 14-15 FY 14-15 Variance Expended ALL YEARS complete Engineering 80,923 - - - - 80,923 80,923 100% Design Fees 515,063 - - 971 971 516,034 516,034 100% Misc. Legal 7,719 - - 48 48 7,766 7,766 100% Irrigation R&M 4,987 - - - - 4,987 4,987 100% Landscape - A&S Center 20,264 - - - - 20,264 20,264 100% Utility Relocations (W/S/E) 55,286 - - - - 55,286 55,286 100% Advertising 2,496 - - - - 2,496 2,496 100% Audio Visual 297,129 - - 4,297 4,297 301,426 301,426 100% Printing 116 - - - - 116 116 100% Courier Service 1,478 - - - - 1,478 1,478 100% Security Expense 11,000 - - - - 11,000 11,000 100% Misc. Expense 4,087 - - - - 4,087 4,087 100% Construction Expense 8,734,280 902,805 902,805 - (902,805) 8,734,280 9,637,085 91% Water Service 1,496 - - 276 276 1,772 1,772 100% Furniture & Fixtures 461,034 - - 2,709 2,709 463,743 463,743 100% Bond Issuance Costs - 2013 CO 123,316 - - - - 123,316 123,316 100% Transfer Out to GF 36,398 - - - - 36,398 36,398 100% Portable Buildings 359,617 - - - - 359,617 359,617 100% TOTAL EXPENSES 10,716,689 902,805 902,805 8,300 (894,505) 10,724,989 11,627,794 92% o FY 14/15 Adopted Budget: $902,805 o FY 14/15 YTD Actual: $8,300 o Project-to-Date Expended: $10,724,989 o Total Estimated Project Cost: $11,627,794 o Project Completion: 92% This project includes the following three buildings (Phase I) of the Facility Plan presented by BB&P and adopted by the Town Council on November 12, 2012. • Multi-Purpose Hall (for use as a cafeteria, gymnasium and auditorium) • Secondary classroom building • Field House (containing locker rooms and storage space for athletic equipment Steele & Freeman was selected as the CM at risk firm. The low voltage package was over budget due to the incorrect numbers reflected in the master plan. The owner’s betterment was used to cover the cost which was approved by the Town Council on March 3, 2014. The Secondary and Multi -Purpose Buildings were opened in August 2014, for the first date of class. The Field House was open on October 1, 2014. The team is working on completing all the punch list items by February 2015. 20 DISCUSSION ITEMS a. Presentation and discussion of an annual update from the Texas Student Housing Authority. (10 min) b. Presentation and Discussion of Solana redevelopment plans by new Solana Owners (Equity aka Blackstone) including Way Finding, Signage, Lighting, Retail, Open Space Reconfiguration, Parking, and Building Remodeling. (15 min) c. Presentation and discussion regarding zoning for a proposed Carlyle Planned Development residential community for property located at 1480 Dove Road, further described as Lot 1, Block 1 of the Dove Addition, approximately 10.18 acres. (15 min) d. Standing Item: Update and discussion regarding the Granada Development. e. Standing Item: Update and discussion regarding the Entrada Development. Town of Westlake Item # 7 – Discussion Items estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 26, 2015 TOPIC: Presentation and discussion of an annual report from the Texas Student Housing Authority. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 26, 2015 Completion Date: January 26, 2015 Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The Texas Student Housing Authority (TSHA) will present a status report and update on their agency, an instrumentality of the Town whose Board is appointed by the Town Council. TSHA representatives will be present at the Town Council’s workshop for this presentation, to answer questions, and discuss the TSHA with the Council. The Town Council last held a similar session with TSHA on June 17, 2013. This agenda item carries out the Town Council’s Citizen Advisory Board/Committee/Affiliate Relations and Communications Policy adopted December 8, 2008. RECOMMENDATION AND ATTACHMENTS All TC/BOT advisory boards, committees, commissions, and affiliate organizations shall Meet at least annually with the TC/BOT to: Report on progress to date in implementing that group’s program of work for the current fiscal year. No attachments, a PowerPoint will be presented during meeting. Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, January 26, 2015 TOPIC: Presentation and Discussion of Solana Redevelopment Plans by New Solana Owners (Equity aka Blackstone) Including Way Finding, Signage, Lighting, Retail, Open Space Reconfiguration, Parking, and Building Remodeling. STAFF CONTACT: Thomas Brymer, Town Manager Eddie Edwards. Director, Planning & Development 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. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 28, 2015 Completion Date: Late 2015 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The new owner of Solana (Equity, a division of Blackstone) is formulating a redevelopment plan for Solana to address the topics listed above in this agenda item description. After meeting with the Staff, Staff recommended that the new Solana owner visit with the Planning & Zoning Commission (P&Z) and Town Council t o update them on their plans and obtain feedback regarding those plans. The new Solana owner met with the P&Z on January 5, 2015, discussed their plans with them, and received feedback on these plans which was positive. The purpose of Page 2 of 2 this agenda item is to afford the new owner the same opportunity for feedback on their new plans for Solana from the Town Council. RECOMMENDATION Hear the new Solana owner’s presentation and provide feedback and discussion to them regarding their plans for Solana. ATTACHMENTS None. Page 1 of 4 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, January 26, 2015 TOPIC: Presentation and Discussion Regarding Zoning for a Proposed Carlyle Planned Development Residential Community for Property Located at 1480 Dove Road, Further Described as Lot 1, Block 1 of the Dove Addition, Approximately 10.18 Acres. STAFF CONTACT: Tom Brymer, Town Manager Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development N/A 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 Time Line - Start Date: January 5, 2015 Completion Date: January 26, 2015 Funding Amount: Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The property is currently zoned R1 “Estate Residential” which requires a minimum lot size of one acre. The property is located between Glenwyck Farms, which is zoned R 1, but was developed as a “one dwelling per acre density” development with 80% of the lots smaller than one acre, and Terra Bella, which is zoned PD 4 and was also developed as a “one dwelling per acre density” development with 75% of the lots less than one (1) acre. Both neighboring Page 2 of 4 developments do have some lots greater than one acre, and along with the open spaces, they calculate out at approximately .8 and .5 dwellings per acre respectively. By creating a Planned Development district for this property, the Town may impose design standards that exceed those contained in the Code of Ordinances, negotiate Economic Development agreements with the developer that include contributions to Westlake Academy, and include conditions or regulations to address unique situations or the concerns of adjacent property owners. The applicant/developer agreed to incorporate all of the design standards contained in the Granada PD ordinance into an ordinance to regulate this proposed Carlyle development. The applicant/developer, which will also be the exclusive builder in the development, has increased the minimum home size by 1,000 sq. ft. over that required for Granada. The applicant’s zoning change request was heard by the Planning & Zoning Commission on January 5, 2015 and was unanimously recommended for denial. Since that time, the applicant /developer has kept their application active as well as met with Staff regarding continued pursuit of their zoning change application. Staff suggested that the applicant delay bringing their application forward in a Council public hearing, but instead, meet with the Town Council in workshop setting. The purpose of this workshop discussion is to have a dialogue regarding their application as filed as a Planned Development District, as well as what they envision the Carlyle development would entail if developed by them under its current R1 zoning. RECOMMENDATION See Staff report from the Jan. 5, 2015 P& Z meeting (attached). As mentioned above, Staff is recommending to the applicant that they discuss their application in a Council workshop. Depending on that discussion, the Council could hear the application at a public hearing at a later date, or it could request that the Planning & Zoning Commission reconsider the applicant’s case based upon information discussed at this Council workshop. ATTACHMENTS: 1. VICINITY MAP 2. CONCEPT PLAN 3. STAFF REPORT Page 3 of 4 Vicinity Map Page 4 of 4 1 TOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL Zoning Change from R1 to PD 6 (a ten lot, one-acre density residential subdivision “Carlyle”) and Concept plan I. CASE INFORMATION Case No. Z –10-01-14 Date: 01-05-2014 Request: Applicant is requesting approval of the following: Zoning change _X__ From R1 (Single-family residential with minimum lot size of one acre) to PD 6 (Single-family with one lot per acre density) Concept Plan _X__ Development Name: Carlyle Location: Subject property is an approximate 10.18 acre lot generally located north of Dove Road, between the Terra Bella and Glenwyck Farms. It is currently a single- family residence addressed as 1480 Dove Road. Owner: Greg Kuelbs Developer: Calais Homes Zoning: Current: R-1 Proposed: PD 6 (10 lot residential on 10 acres) Acres: 10.18 not including Dove Road right-of way dedications made when previously platted in to a single lot) Proposed Uses: Single-family residential. Approximately one (1) dwelling unit per acre gross density with minimum lot size of 30,000 square foot. II. STAFF REVIEW COMMENTS 2 1. General This is a request for approval of a Zoning Change that if approved would allow for the development of 10 residential lots on 10+ acres of land as opposed to the 5 or 6 one-acre lots that could be developed under the current zoning. The permitted uses and design standards contained in the proposed ordinance for this district were created with regulations specifically geared towards giving the Town the ability to ensure that the development will meet the high standards that Westlake has become known for. The District Development Standards for straight zoning residential districts requires 80% Masonry exterior wall surface and regulates setbacks for accessory structures. The Design guidelines in a PD ordinance are open to whatever the town decides is necessary to assure the high quality exterior design and materials typically found in other Town of Westlake developments. The proposed ordinance includes all of the Design guidelines that were put into the recently approved PD 1-3 “Granada” Planned Development. At build out the development will include approximately $20,000,000 in improvements that will be added to the ad valorem tax base. The proposed development will contain ten residential lots all slightly over 30,000 square feet. For comparison purposes the two subdivisions in closest proximity to this site, Glenwyck farms and Terra Bella have lot sizes starting at 35,409 and 40,010 square feet respectively. Eighty percent of the lots in Glenwyck Farms are less than one acre and seventy-five percent of the lots in Terra Bella are less than one acre.. The gross density of the development will be approximately one (1) dwelling per acre compared to Glenwyck Farms at .8 dwellings per acre and Terra Bella at .51 dwellings per acre. The open space and trail connectivity along with higher development standards incorporated into the Planned Development ordinance should keep the homes in Carlyle relatively close to the same price points as those in Glenwyck Farms and Terra Bella. The developer is anticipating the average home price to be close to $2,000,000. . 2. Concept Plan The Concept Plan shows 10 single family lots configured into a residential development with a single cul-de-sac meandering up the middle of the property. 3 This addresses the concerns voiced by some homeowners on adjacent properties about having a roadway running along their back property lines. The development will include two publicly accessible and privately maintained open spaces with water features and trail connections tying into the town trial system. The staff has also worked with the applicant to establish variation in the front, side and rear setbacks to avoid visual monotony within the development. The preliminary plat will finalize some of these setbacks. 3. Setbacks/Building Lines Proposed for PD 6 R1 zoning district Glenwyck Farms Terra Bella Front 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min. Rear 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min. Side 20 ft. +- 20ft. min. 20 ft. min. 20 ft. min. 4. Conformance with Comprehensive Plan This application is consistent with the Town’s recently amended Comprehensive Plan, its goal s and objectives, and its policies as it relates to land use and site development. The Land Use Plan indicates this property should be Single-family Residential use, and the Thoroughfare Plan shows Dove Road to be a Collector road. The proposed development is also consistent with the proposed updated Comprehensive Plan. 5. Building Design, Architecture, and Screening The building design, architectural, and screening regulations contained in the Planned Development ordinance and the Concept Plan were created with the goal in mind of Carlyle appearing at build out as a high end custom home sub- division similar to the high quality development achieved in both the Glenwyck Farms and Terra Bella sub-divisions. 6. Landscaping and Landscape Screening 4 Common areas. The common areas at both ends of the subdivision will be a combination of preserved natural landscaping in areas of dense tree growth, and newly planted landscaping designed with staggered heights and clustering of plants and trees to break up and soften the view from outside the development. Some elements of the landscaping have not been shown on the Concept Plan but will be included as development progresses and final determination of the best locations can be field approved. Home sites. Each home site will comply with the Roadway landscape Zone requirements of having six trees per one-hundred linear feet of lot width at the roadway. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. 7. Landscaping and Screening Common areas. The common areas at the front and rear of the project will be a combination of preserved natural landscaping and newly planted landscaping to create small, park-like, areas. The developer will install and maintain these areas but they will be publicly accessible. The perimeter walls will be of a design similar to the types used for Glenwyck Farms and Terra Bella, masonry columns with wrought iron fencing. Home sites. Each home site will comply with the Roadway landscape Zone requirements of having six trees per one-hundred linear feet of lot width at the roadway. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. 8. Parking The ordinance requires three covered parking spaces per dwelling. Garages may not face the street unless further back from the street than the side- facing garage. 9. Fire Lanes Because this sub-division will only have a single entrance it was assessed by the Fire Marshal and determined if a second emergency access road would be needed. It was determined that the roadway was within the length limitations to allow a single point of access. 5 10. Access/Streets/Thoroughfare Plan The primary entrance and exit for the sub-division will be off of Dove Road which is classified as a Major Collector on the Thoroughfare plan. The internal roadway will be privately owned and maintained by the HOA. . 11. Street/Highway Right-of-Way Dedication Requirements No additional right-of-way dedication is required for this project. 12. Pedestrian Circulation Pedestrian circulation and connectivity with the Town’s network of trails will be accomplished with the Public Open Space trails. The applicant’s Concept Plan indicates that the subject site, although gated to limit vehicular access, will be accessible to pedestrians. 13. Lighting Compliance with all Town of Westlake ordinances as well as the International Dark Skies design guidelines is required for this PD. All lighting plans will be submitted to and reviewed/approved by staff prior to installation. 14. Tree Mitigation A tree mitigation plan will be submitted and will be reviewed by Town staff for compliance with Town ordinances. Approval of this Concept Plan is not granting approval of the tree mitigation plan. 15. Signage The signage shown on the approved concept plan will be the only signage allowed other than signs specifically permitted for residentially zoned properties by other Town ordinances. 16. Utilities (including on and off-site extensions and easement dedications) Water and sewer utilities for this site are provided by the Town of Westlake. Off- site water and sewer line extensions to serve the site are the responsibility of the developer. All on-site electric utility lines, new or existing, will be placed 6 underground. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. 17. Storm water retention and detention The drainage plans that will be submitted with the Preliminary Plat will detail how they will be able to develop the sub-division and, through retention, detention, and other design features, have the same or lower rate of flow after development and build-out than is being experienced today or make provisions to handle the increased flow without negatively impacting downstream properties. Town engineers will confirm their calculations prior to permitting any infrastructure improvement work permits 18. Park Land Dedication The Park Land Dedication requirement for a residential development is one acre of Park Land for every thirty dwelling units. The development being 10 lots will be required to dedicate one-third of an acre for Park Land. The concept plan shows 2.06 acres of open space of which the majority will be publicly accessible and will be connected to the town’s trail system so the Open Space on the Concept Plan qualifies to meet the Park Land Dedication requirements. . ________________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this Zoning Change and Concept Plan as submitted with the following stipulations: 1. Developer Agreement A Developer Agreement shall be approved prior to the commencement of construction activities related to the development of the sub- division. 2. Tree Mitigation: Tree mitigation will be in compliance with Town ordinances and addressed prior to acceptance of the sub-division and issuance of building permits unless otherwise stipulated in a Developer’s Agreement. 3. Park Land Dedication: The Park Land Dedication requirement for a residential development is one acre of Park Land for every thirty dwelling units. The development being 10 lots will be required to dedicate one-third of an acre for Park Land. The concept plan shows 2.06 acres of open space of which the 7 majority will be publicly accessible and will be connected to the town’s trail system so the Open Space on the Concept Plan qualifies to meet the Park Land Dedication requirements. 4. Sequencing of improvements: All infrastructure improvements both internal and external to the project along with all landscaping and improvements located within the open spaces and the right-of-way along Dove Road shall be completed prior to acceptance of the sub-division. Standing Item: Update and discussion regarding the Granada Development. Town of Westlake Item # 5d – No Supporting documentation Standing Item: Update and discussion regarding the Entrada Development. Town of Westlake Item # 5e – No Supporting documentation EXECUTIVE SESSION 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). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or fi nancial 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). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 6 – Executive Session Town of Westlake Item # 7 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. 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). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. 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). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 8 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #9 Council Recap / Staff Direction Town of Westlake Item # 10 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town of Westlake Item # 2 – Citizen’s Presentations and recognitions CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes as amended from the November 17, 2014, meeting. b. Consider approval of the minutes from the December 8, 2014, meeting. c. Consider approval of the minutes from the January 8, 2015, meeting. d. Consider approval of the minutes from the January 15, 2015, meeting. e. Consider approval of Ordinance 744, Calling and Ordering an Election for the purpose of Electing Three (3) Council Members to be held on May 9, 2015, in Accordance with the provisions of Section 23.023, Texas Local Government Code. f. Consider approval of Resolution 15-03, Amending the Fiscal Year 2014/2015 Adopted Budget and further authorizing the Town Manager to execute an agreement with Roadway Solutions, Inc. for $71,795.00 to include the Installation of Internally Illuminated Street Name Signs at three (3) locations. Town of Westlake Item # 3 – Consent Agenda Town Council Minutes 11/17/14 Page 1 of 5 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING November 17, 2014 PRESENT: Mayor Laura Wheat and Council Members, Alesa Belvedere, Carol Langdon, Rick Rennhack and Wayne Stoltenberg. ABSENT: Michael Barrett OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Attorney L. Stanton Lowry, Finance Director Debbie Piper, Director of Facilities and Parks & Recreation Troy Meyer, Fire Chief Richard Whitten, Planning and Development Director Eddie Edwards, Director of Public Works Jarrod Greenwood, Director of HR & Administrative Services Todd Wood, Director of Information & Technology Jason Power, Communications & Community Affairs Director Ginger Awtry, and Susan McFarland, Communications Specialist. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 7:10 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE NOVEMBER 17, 2014, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 11/17/14 Page 2 of 5 3. DISCUSSION ITEMS a. Discussion and presentation regarding the Water and Waste Water Study and proposed rate increase. Director Greenwood provided a presentation and overview of the proposed increase. Discussion ensued regarding the City of Fort Worth’s project to increase the service capacity to Westlake and the percentage of increase that is contributable to Westlake’s usage. Discussion also ensued regarding effluent discharge that runs into Lake Grapevine, rates comparison of surround municipalities, N1 Sewer Line, funding the project using Utility Fund Balance, and the remaining number of operating days. b. Standing Item: Update and discussion regarding the Granada and Entrada Developments including the Entrada Public Improvement District (PID). Town Manager Brymer provided an update regarding the Granada subdivision infrastructure. Discussion ensued regarding the development agreements and residential permits. Town Manager Brymer then provided an update regarding the Planned Improvement District (PID) schedule, timeline for the delivery of the required documents for review and the proposed issuance of debt in January 2015. Mr. Beaty stated that they are negotiating with two builders Tresor Custom Homes and Veranda Designer Homes for the residential portions. He also said EB5 Financing, PID financing are moving forward and that MUD discussions will not prevent the developer from moving forward with Entrada. Town Manager Brymer also mentioned an amendment to the zoning ordinance allowing for a specific architectural design. c. Update on pending development submissions. Proposed development on the Kuelbs property (off of Dove Road) located East of GlenWyck. The developer may ask for rezoning from R-1 zoning to allow for a denser development and the proposed builder would be Calais Custom Homes. Town Council Minutes 11/17/14 Page 3 of 5 Southlake Meadows addition contains one street within the Town of Westlake. The developer may ask for rezoning from R-1 to allow for a higher density of home along that property. Discussion ensued regarding the creation of an ordinance requiring developers to conduct a neighborhood meeting as soon as a zoning change is filed with the Town. Town Attorney Lowry provided an overview of the parameters for such an ordinance stating the developer cannot force a neighborhood to meet and this would delay any fast-track process, but he believes there is a process that can be implemented. 4. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 5. RECONVENE MEETING 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. COUNCIL RECAP / STAFF DIRECTION No additional direction. Town Council Minutes 11/17/14 Page 4 of 5 8. ADJOURNMENT Mayor Wheat adjourned the work session at 8:25 p.m. Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 8:25 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS Mary Jean Moloney, Atmos, stated that she would be retiring and introduced Kelly Pacleb as her successor. 3. CONSENT AGENDA a. Consider approval of the minutes from the October 20, 2014 meeting. b. Consider approval of Resolution 14-37, Adopting the 2015 Meeting Schedule for the Town Council and Board of Trustees. c. Consider approval of Resolution 14-38, Authorizing and Approving the Purchase of a Fire Engine/Pumper from Hall Motors/Ferrara Fire Apparatus. d. Consider approval of Resolution 14-39, Amending the Fire Station Site Plan. e. Consider approval of Resolution 14-40, Amending an existing agreement for Water Service with the City of Fort Worth relating to construction of the Northside II 48-inch water main and allocated capacity of wholesale purchase of treated water. MOTION: Council Member Rennhack made a motion to approve consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 4. EXECUTIVE SESSION The Council convened into executive session at 8:27 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 Town Council Minutes 11/17/14 Page 5 of 5 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). Maguire Partners - Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 5. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:17 p.m. 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. FUTURE AGENDA ITEMS 8. COUNCIL CALENDAR 9. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:22 p.m. APPROVED BY THE TOWN COUNCIL ON DECEMBER 15, 2014. AMENDMENT APPROVED BY THE TOWN COUNCIL ON JANUARY 26, 2015 ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 12/0814 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS JOINT TOWN COUNCIL AND PLANNING AND ZONING COMMISSION MEETING December 8, 2014 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Alesa Belvedere, Carol Langdon, and Wayne Stoltenberg. Rick Rennhack arrived at 6:41 p.m. PRESENT: Chairman William Greenwood, Tim Brittan, Liz Garvin, Michelle Lee, and Sharon Sanden. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Finance Director Debbie Piper, Director of Facilities and Parks & Recreation Troy Meyer, Fire Chief Richard Whitten, Planning and Development Director Eddie Edwards , Director of Public Works Jarrod Greenwood, Director of HR & Administrative Services Todd Wood, Communications & Community Affairs Director Ginger Awtry, and Susan McFarland, Communications Specialist. Work Session 1. CALL TOWN COUNCIL TO ORDER Mayor Wheat called the Council to order at 6:37 p.m. 2. CALL THE PLANNING & ZONING COMMISSION TO ORDER Chairman Greenwood called the Commission to order at 6:37 p.m. Town Council Minutes 12/08/14 Page 2 of 3 3. PRESENTATION AND DISCUSSION OF THE PROPOSED COMPREHENSIVE PLAN UPDATE AS RECOMMENDED BY THE STEERING COMMITTEE. Ms. Ashley Shook provided a presentation and overview of the planning process. Steering Committee Member Daryl Johnson provided an overview of the work performed by the committee and Mesa Planning. ELEMENTS OF DISCUSSION ARE:  LAND USE PLAN  THOROUGHFARE PLAN  PARKS & OPEN SPACE PLAN  TRAILS PLAN  TOWN DESIGN STRUCTURE PLAN  FACILITIES & TOWN HALL PLAN  STORM WATER & WATER CONSERVATION PLAN  HOUSING PLAN  ECONOMIC DEVELOPMENT PLAN Discussion ensued regarding the differences of the proposed plan from the 1992 plan, entitlements, zoning changes, regional office growth, population projections, current traffic patterns, property tax and the Thoroughfare section of the proposed plan.  APPLICATION CASE STUDY Ms. Ashely Shook provided an overview of the application process using the proposed plan for future development in Westlake. 4. DISCUSSION OF “GOING FORWARD” CONSIDERING ADOPTION OF THE PLAN. Mayor Wheat stated that additional guidance for collective permission allowing the Steering Committee to work with the Planners and Land Owners to move forward to present the plan to the Planning & Zoning Commission for consideration. The Planners proposed presenting this to the Planning & Zoning Commission in January and Town Council in February. Town Council Minutes 12/08/14 Page 3 of 3 5. ADJOURNMENT Mayor Wheat adjourned the work session for the Council at 10:09 p.m. Chairman Greenwood adjourned the work session for the Commission at 10:09 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 26, 2015. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 01/08/15 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 8, 2015 PRESENT: Mayor Laura Wheat and Council Members, Alesa Belvedere, Rick Rennhack, and Wayne Stoltenberg. Carol Langdon arrived at 5:06 p.m. ABSENT: Michael Barrett OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Assistant Town Manager Amanda DeGan, Fire Chief Richard Whitten, Planning and Development Director Eddie Edwards, Director of Public Works Jarrod Greenwood, Director of HR & Administrative Services Todd Wood, Director of Information & Technology Jason Power, Communications & Community Affairs Director Ginger Awtry, and Susan McFarland, Communications Specialist. Emergency Session 1. CALL TO ORDER Mayor Wheat called the emergency session to order at 5:00 p.m. 2. DISCUSSION AND CONSIDERATION OF RESOLUTION 15-01, AUTHORIZING THE TOWN MANAGER TO AMEND THE BUDGET AND AUTHORIZING EXPENDITURES RELATED TO THE RECENT LOSS OF THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENTS STRUCTURE TO INCLUDE REPLACEMENT AND DISPOSAL OF THE DEPARTMENT’S RELATED ASSETS. Town Manager Brymer provided an overview of the item. Director Meyer and Chief Whitten provide an update regarding the facility. Town Council Minutes 01/08/15 Page 2 of 2 Discussion ensued regarding the removal of the damaged facility, installation of temporary facility, insurance coverage details, response times, and the fire investigation by the Southlake Fire Marshal. MOTION: Council Member Rennhack made a motion to approve Resolution 15-01. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 3. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 5:28 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 26, 2015. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 12/15/14 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING December 15, 2014 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Alesa Belvedere, Carol Langdon, and Wayne Stoltenberg. ABSENT: Rick Rennhack OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Attorney L. Stanton Lowry, Assistant Town Manager Amanda DeGan, Fire Chief Richard Whitten, Planning and Development Director Eddie Edwards, Director of Public Works Jarrod Greenwood, Communications & Community Affairs Director Ginger Awtry, and Susan McFarland, Communications Specialist. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:08 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE DECEMBER 15, 2014, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 12/15 /14 Page 2 of 7 4. EXECUTIVE SESSION The Council convened into executive session at 5:09 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). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. 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). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 5. RECONVENE MEETING Mayor Wheat reconvened the meeting at 7:27 p.m. 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. Town Council Minutes 12/15 /14 Page 3 of 7 7. DISCUSSION ITEMS a. Standing Item: Update and discussion regarding the Granada Development. No additional discussion. b. Standing Item: Presentation, Discussion, and Update on the Process to Date for the Establishment of the Entrada Proposed Public Improvement District and Developer and Staff Presentations Related to the PID Documents Including the PID Appraisal, Service Assessment Plan, Preliminary Official Statement, and the Calendar for Issuing Bonds for this PID. Mr. Michael Beaty provided a presentation and overview of the Entrada PID budgets, bonds, and service areas. Discussion ensued regarding the methodology of the appraisal, prospective bond buyers, investment firms interested in PID bonds, a list of commercial contracts, types of restaurants, Hyatt Hotel & Resorts, and EB-5 projects. Mr. Ernie Gatewood provided an overview of the Entrada appraisal methodology. Mr. Robert Miklos, Miklos Law, PLLC, provided an update regarding actions with Trophy Club MUD regarding the relocation of the water line within the property. Mr. Mark Curran, Jefferies LLC, provided an overview the process moving forward should the Council approve items 5 and 6 of the regular agenda. Discussion also ensued regarding the disclosure regarding the appraisal methodology as it relates to the Town’s risk and impact should the project default. 8. COUNCIL RECAP / STAFF DIRECTION Staff and Bond Counsel to work on the disclosure statement. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 8:33 p.m. Town Council Minutes 12/15 /14 Page 4 of 7 Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 8:33 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSENT AGENDA a. Consider approval of the minutes from the November 17, 2014, meeting. b. Consider approval of Resolution 14-41, Authorizing the Town Manager to execute an agreement with Badger Meter for meter reading and web hosting services as outlined in the AMA Managed Solution Master Agreement. c. Consider approval of Resolution 14-42, Authorizing the Town Manager to execute an Interlocal Agreement with Trophy Club Municipal Utility District providing for participation in a water supply feasibility and route study. d. Consider approval of Ordinance 740, Amending Water and Wastewater Rate and Fee Schedule, and repealing Ordinance 699. MOTION: Council Member Belvedere made a motion to approve consent agenda revising the effective date of item d to January 1, 2015. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 4. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 14-43 APPROVING A FINAL PLAT FOR PHASE I OF THE APPROXIMATELY 84 ACRE DEVELOPMENT KNOWN AS GRANADA, LOCATED GENERALLY EAST OF DAVIS BLVD., SOUTH OF SOLANA BLVD., AND NORTH OF DOVE ROAD. Town Manager Brymer provide an overview of the proposed pl at. Centurion Developers provided an update regarding the number of lots sold in Phase I. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing Town Council Minutes 12/15 /14 Page 5 of 7 MOTION: Council Member Stoltenberg made a motion to approve Resolution 14-43 with completion of the following conditions: a.) the completion of any unfinished on-site infrastructure improvements (for entire Granada); b.) the completion of any off-site infrastructure improvements (for entire Granada); c.) the payment of the per residential lot fee for Westlake Academy impact (Phase One only). Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 5. CONSIDER APPROVAL OF RESOLUTION 14-44, DETERMINING THE COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE FINANCED BY THE SOLANA PUBLIC IMPROVEMENT DISTRICT; APPROVING A PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN (SAP), INCLUDING A PROPOSED ASSESSMENT ROLE; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLE WITH THE TOWN SECRETARY, CALLING FOR A SPECIAL MEETING AND NOTICING A PUBLIC HEARING ON JANUARY 15, 2015 TO CONSIDER LEVYING ASSESSMENT ON SAID PROPERTY WITHIN THE SOLANA PUBLIC IMPROVEMENT DISTRICT; DIRECTING THE TOWN STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. Town Manager Brymer provided an overview of the item. Discussion ensued regarding the start time of the meeting on January 15, 2015. MOTION: Council Member Stoltenberg made a motion to approve Resolution 14-44, establishing the meeting time of 8:00 am. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 6. CONSIDER APPROVAL OF RESOLUTION 14-45, PRELIMINARY OFFERING STATEMENT (POS) AND LEVYING ASSESSMENT DOCUMENTS. Town Manager Brymer asked that language drafted to better disclose the methodology used for the appraisal. MOTION: Council Member Barrett made a motion to approve Resolution 14- 45, subject to additional language, approved by Bond Counsel, regarding the disclosure of the appraisal methodology. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. 7. EXECUTIVE SESSION The 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 12/15 /14 Page 6 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). Maguire Partners - Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. 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 Subdivisi on (1). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 8. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Stoltenberg made a motion to approve Resolution 14-46, subject to additional language, approved by Bond Counsel, regarding the disclosure of the appraisal methodology. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. 10. FUTURE AGENDA ITEMS No items. 11. COUNCIL CALENDAR Town Council Minutes 12/15 /14 Page 7 of 7 12. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:56 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 26, 2015. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 26, 2015 TOPIC: Consider an Ordinance Calling and Ordering an Election for the purpose of Electing Three (3) Council Members to be Held on May 9, 2015, in Accordance with the provisions of Section 23.023, Texas Local Government Code. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase CSS Satisfaction Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 26, 2015 Completion Date: May 9, 2015 Funding Amount: $11,000 Status - Funded Source - General Fund The amount may fluctuate based on the number of entities that conduct a joint election with the County. EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The Texas Election Code §3.004, requires the governing body of a political subdivision to order a general election for the purpose of electing three (3) Council Members. As outlined in the order, the term of office for the elected officials is two (2) years. (expiring May 2017) Page 2 of 2 Three (3) Council terms expire May 2015. Those terms represent Council Members Langdon, Rennhack and Stoltenberg seats. RECOMMENDATION AND ATTACHMENTS Staff recommends we enter into a contract with both Denton and Tarrant County and voters would be able to visit a single site to cast ballots in both the Town and Carroll, Keller or Northwest ISDs election. In this scenario, Tarrant Co. would process the Tarrant Co. voters and Denton Co. would process Denton Co. voters. Ordinance 744 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 744 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 9, 2015, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the general election for the Town of Westlake as set forth by the Texas Election Code, is required to be held on May 9, 2015, for the purpose of electing three (3) Council Members for two (2) year terms; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code , the Town of Westlake election will be conducted jointly wit h other political subdivisions in Tarrant and Denton counties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: Election Order for General Election. That an election is hereby ordered to be held on the 9th day of May 2015, the second Saturday of that month, for the purpose of electing three (3) Council Members for two (2) year terms, in accordance with Section 23.023 of the Texas Local Government Code. SECTION 2: Polling Place. The polling places and the county elect ions precincts whose qualified voters shall cast ballots at such location as determined per the Joint Election Agreement and Contract for Elections Services with the Tarrant and Denton County Election Administrators.: The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 9, 2015, in accordance with and pursuant to the requirements of the Texas Election Code (the “Code”). SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to become candidates must file an application with the Town Secretary of the Town of Westlake , Texas, beginning on January 28th through the 27th day of February 2015 until 5:00 o'clock p.m. Each application shall be on a form meeting the requirements of the Code. SECTION 4: Combined Ballots. Combined ballots may be utilized containing all of the offices and propositions to be voted on at each polling place, provided that no voter shall be given a ballot or permitted to vote for any office or proposition on which the voter is ineligible to vo te. The County’s voting equipment will be utilized for this election. Ordinance 744 Page 2 of 4 SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at the County’s Main Early Voting location; Residents living in Tarrant County Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Residents living in Denton County Denton County Elections 701 Kimberly Drive, Suite A101 Denton, Texas 76208 and branch offices for early voting by personal appearance shall be established as outlined in the Election Agreement and Contract for Election Services with Tarrant and Denton County. Frank Phillips, Tarrant County Elections Administrator, Lannie Noble, Denton County Election Administrator, are hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance shall be as set forth below: Tarrant County Early Voting April 27-30 (Monday-Thursday) 8:00 a.m. - 5:00 p.m. May 1(Friday) 8:00 a.m. – 5:00 p.m. May 2 (Saturday) 7:00 a.m. – 7:00 p.m. May 3 (Sunday) 11:00 a.m. – 4:00 p.m. May 4-5 (Monday – Tuesday) 7:00 a.m. – 7:00 p.m. Denton County Early Voting April 27 – May 2 (Monday – Saturday) 8:00 a.m. - 5:00 p.m. May 4 – May 5 (Monday – Tuesday) 7:00 am. - 7:00 p.m. Applications for ballots by mail must be received no later than the close of business on Apr il 30, 2015. SECTION 6: Notice. Notice of said elections shall be given as required by the Texas Election Code. Ordinance 744 Page 3 of 4 SECTION 7: Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant and Denton County Elections Administrator, as permitted by law. The presiding judge shall appoint elections clerks as may be necessary for the proper conduct of the election. The election judge or the alternate election judge in the absence of the election judge, and the election clerks shall constitute the early voting ballot board. The election judge, and alternate election judge, and election clerks shall be qualified voters of the Town. SECTION 8: Election Results. That the candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; The Mayor shall deliver a certificate of election to the successful candidates. In the event of a tie, the tied candidates shall cast lots to determine which one shall be declared elected; and SECTION 9: Governing Law. The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of the Town shall be eligible to vote at the election. SECTION 10: Submission to the United States Justice Department. The Town Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. SECTION 11: Necessary Actions. The Mayor and the Town Secretary, in consultation with the Town Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the election, whether or not expressly authorized by this Order. SECTION 12: Severability Clause. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 744 Page 4 of 4 SECTION 13: Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 26th DAY OF JANUARY 2015. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lo wry, Town Attorney estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, December 15, 2014 TOPIC: Consider a resolution amending the FY 14/15 adopted budget and further authorizing the Town Manager to execute an agreement with Roadway Solutions, Inc. for $71,795.00 to include the installation of internally illuminated street name signs at three locations. STAFF CONTACT: Jarrod Greenwood, Public Works Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Strong Aesthetic Standards 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: January 1, 2015 Completion Date: April 22, 2015 Funding Amount: $71,795.00 Status - Funded Source - Capital Projects Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) Staff has been working with TxDOT over the last nine months to have plans approved for the installation of internally illuminated street name signs on TxDOT signal poles. The initial phase of this project includes the installation of internally illuminated street name signs at three locations: SH 114/FM 1938; SH 114/Westlake Parkway; and US 377/Westport Parkway. Our next phase of work will include the remaining intersections: US 377/SH 170; SH 170/Roanoke Road; and SH 114/Trophy Lake Drive. Funding for this project is included in the adopted FY 14/15 budget and FY15-19 CIP. However, the lowest bid received exceeds the amount budgeted by $38,000. Therefore, a budget amendment for this phase of the Internally Illuminated Street Name Sign Capital Project will be necessary to provide the additional funding. Staff will revise the CIP to reflect the pricing received for this project for the future phase. The Town’s design engineer, Lee Engineering, has reviewed the bids and provided a recommendation to award the contract to Roadway Solutions, Inc. RECOMMENDATION AND ATTACHMENTS Staff recommends approval Resolution Contract Resolution 15-03 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 15-03 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE FISCAL YEAR 14/15 ADOPTED BUDGET AND FURTHER AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH ROADWAY SOLUTIONS, INC. FOR $71,795.00 TO INCLUDE THE INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT THREE LOCATIONS. WHEREAS, Westlake desires to enhance the Town’s image and create a sense of place; and WHEREAS, the internally illuminated signs will include the standardized Westlake street sign format that integrates the Town’s “W” insignia; and WHEREAS, the Town Council finds that the proposed contract with Roadway solutions, Inc. for the installation of the internally illuminated street name signs contributes to establishing Westlake’s sense of place and is in accordance with the adopted strategic plan; and WHEREAS, the Town Council finds that the funding for the Internally Illuminated Street Name Sign project is necessary; and WHEREAS, the Town Council authorizes a budget amendment of $38,000 to be allocated from the General Fund Reserves to the Internally Illuminated Street Name Sign Capital Project; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals 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 a budget amendment allocating an additional $38,000 from the General Fund Reserves to the Internally Illuminated Street Name Sign Capital Project. SECTION 3: That , the Town Council of the Town of Westlake, Texas, hereby approves the contract with Roadway Solutions, I nc. attached here to as Exhibit “A”, and further authorizes the Town Manager to execute said contract on behalf of the Town of Westlake, Texas. Resolution 15-03 Page 2 of 2 SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26TH DAY OF JANUARY 2015 ATTEST: ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer , Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town Council Minutes 01/15/15 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 15, 2015 PRESENT: Mayor Laura Wheat and Council Members, Alesa Belvedere, Carol Langdon, and Wayne Stoltenberg. ABSENT: Michael Barrett and Rick Rennhack OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Finance Director Debbie Piper, Director of Facilities and Parks & Recreation Troy Meyer, Fire Chief Richard Whitten, Planning and Development Director Eddie Edwards, Director of Public Works Jarrod Greenwood, Director of HR & Administrative Services Todd Wood, Director of Information & Technology Jason Power, Communications & Community Affairs Director Ginger Awtry, and Susan McFarland, Communications Specialist. Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 8:02 a.m. 2. EXECUTIVE SESSION The Council convened into executive session at 8:02 a.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 Town Council Minutes 01/15/15 Page 2 of 4 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). Maguire Partners- Solana Land, L.P., related to Centurion’s development known as Entrada. 3. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:12 a.m. 4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Langdon made a motion to approve Resolution 15-02, Approving amendment two of two to the Economic Development Agreement related to the Entrada Development. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 741, ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR THE SOLANA PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mr. Kirk Wilson thanked Town Staff and Consultants. Mr. Mark Curran, Jefferies L.L.C., provided an overview of the final pricing of the bonds and that closing would be in early February. Town Manager Brymer provided an overview of the ordinance and stated that the Town would retain Municap Inc., to manage the Service Assessment Plan. Mayor Wheat opened the public hearing. Mr. Kirk Wilson stated that the Developer is in favor to issuance. Mayor Wheat closed the public hearing. Town Council Minutes 01/15/15 Page 3 of 4 MOTION: Council Member Stoltenberg made a motion to approve Ordinance 741. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 6. DISCUSSION AND CONSIDERATION OF ORDINANCE 742, AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER A FINANCING AGREEMENT, A REIMBURSEMENT AGREEMENT AND OTHER AGREEMENTS WITH MAGUIRE PARTNERS - SOLANA LAND, L.P. IN CONNECTION WITH SOLANA PUBLIC IMPROVEMENT DISTRICT. Mr. Robert Miklos, Miklos Law P.L.L.C., provided an overview of the reimbursement agreement. MOTION: Council Member Belvedere made a motion to approve Ordinance 742. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 3-0. 7. DISCUSSION AND CONSIDERATION OF ORDINANCE 743, REGARDING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF “TOWN OF WESTLAKE, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2015 (SOLANA PUBLIC IMPROVEMENT DISTRICT)”, AUTHORIZING THE ISSUANCE IN THE AMOUNT OF $26,175,000 OF SUCH BONDS AND APPROVING AND AUTHORIZING RELATED AGREEMENTS. Mr. Chris Settle, McCall, Parkhurst & Horton L.L.P., provided an overview of the indenture and bond purchase agreement. MOTION: Council Member Langdon made a motion to approve Ordinance 743. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. Town Council Minutes 01/15/15 Page 4 of 4 8. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Stoltenberg made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 8:26 a.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 26, 2015. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting – Action Item Westlake Town Council Regular Meeting Monday, January 26, 2015 TOPIC: Consideration of an Ordinance amending Chapter 70 -SIGNS of the Westlake Code of Ordinances. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development N/A 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 Time Line - Start Date: January 5, 2015 Completion Date: January 26, 2015 Funding Amount: NA EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The sign regulations contained within the Code of Ordinances apply to all properties other than Planned Developments that have sign regulations incorporated into their development regulations. The first Planned Development in Westlake, PD 1 (Solana), is the only PD that does not have sign regulations included in the governing PD ordinance. Without sign regulations included in the PD ordinance, Chapter 70 of the Code of Ordinances is used to regulate signage and is much more restrictive than the regulations governing other districts. The PD1 zoning district is divided up into three Planning Areas. Planning Area 2 (PD1-2) is the Page 2 of 2 portion of PD 1 that will be developed as a mixed-use development called Entrada. The PD1-2 ordinance included signage regulations similar to the regulations governing all of the other PD zoning districts with commercial or retail uses. Planning Area 3 (PD1-3) is the portion of the PD 1 zoning district that is being developed as Granada, a single-family residential development. PD 1-3 does not include signage regulations for commercial or retail uses. The business owners within DP 1, Solana’s Village Circle development , have been granted some variances to the sign size and lighting regulations in years past, indicating that Westlake commissioners and councilmembers recognized that the sign regulations were too limiting. The proposed amend ment would bring the sign size limitations in line with the regulations for the rest of the properties in town. Staff has been in discussions with the new owner s of Solana regarding amending the PD 1 zoning district to facilitate a new signage and way-finding program that will be a big part of the proposed revitalization of Solana. This will provide an opportunity to take a much closer look at a comprehensive signage section for this PD , but this ordinance will provide some relief for the businesses desiring to update their signage in the meantime. An additional amendment being proposed is the elimination of the requirement for all signs to get Town Council approval. If a sign meets the requirements of the ordinances, staff should be able to issue a permit for the installation. Situations in which the applicant desires to install signage that is outside the limitations imposed by ordinances or that are not covered within the ordinances should go to Town Council with Planning and Zoning recommendation. RECOMMENDATION The Planning and Zoning Commission unanimously voted to recommend approval of this amendment as submitted. ATTACHMENTS 1. Exhibit 1. Draft of proposed ordinance with changes highlighted. Ordinance 745 Page 1 of 6 TOWN OF WESTLAKE ORDINANCE NO. 745 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 70 TITLED “SIGNS” BY AMENDING SECTIONS 70-12, 70-18, AND 70-19; PROVIDING FOR SIGN REGULATIONS WITHIN COMMERCIAL DISTRICTS; BY DESCRIBING PROHIBITED SIGNS; BY DEFINING THE FUNCTIONS OF THE TOWN COUNCIL RELATIVE TO THE ISSUANCE OF SIGN PERMITS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare of the residents and visitors of the Town of Westlake that signage be regulated within the town limits; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit “A”) to the 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 70 “SIGNS”, Sections 70-12, 70-18, and 70-19 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: See Exhibit “A” SECTION 4: That all provisio ns of Ordinance 633, and the Code of Ordinances, not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 745 Page 2 of 6 SECTION 6: 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 t he Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 26th DAY OF JANUARY 2015. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 745 Page 3 of 6 Exhibit “A” Deletions are shown with strikethrough and additions are shown with underline. • Sec. 70-12. - Signs and display cases within commercial districts. (a) Generally. All signs or display cases in the commercial districts require a sign permit. The town manager or a designated representative may, sub ject to the standards set forth in this chapter, approve an application for a sign or display case. All permits shall be for a specific location and the moving of such signs or display cases shall require a new permit. The regulations in this section shall apply within the commercial districts. (b) Prohibited signs and display cases. No sign or display case shall be permitted that: (1) Does not pertain to a commercial use on the site. (Off-premises signs are prohibited by Sec. 70-18) (2) Is incompatible in design with the building and space allotted. (3) Is flashing, illuminated, phosphorescent, moving or primarily glossy. (Signs illuminated by down lighting or low intensity internal lighting are in keeping with our Dark Skies policies) (4) Contains lettering exceeding 12 inches in height. (The size of the lettering is not typically regulated) (5) Projects or extends above the eave or parapet line, if attached to any structure. (6) Is for a business which does not have a certificate of occupancy on file with the town. (7) Exceeds 24 square feet in area. (Sign size is regulated elsewhere, all sign that do not comply with the ordinances are illegal and do not need to be listed under Prohibited Signs. This also causes a conflict when a sign receives a variance for a size larger than listed in this section.) (8) Could create confusion to the public or to police and fire response calls in emergencies, or tends to degrade the character of the town, affect the peace, health and welfare of the community or result in a degradation of property values and/or an increase in the cost of municipal services. (c) Maximum allowable sign area. The maximum aggregate area of all signs shall not exceed the following for buildings within the commercial district: (1) Ordinance 745 Page 4 of 6 A building with 40 feet or less frontage on a public way shall not exceed 16 square feet of exterior signs and ten square feet of interior signs. The maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. (2) A building with frontage greater than 40 feet on a public way shall not exceed four square feet of signs for each ten feet of frontage or major fraction thereof, up to a maximum of 24 square feet for exterior and 20 square feet for interior signs. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. (3) A building with frontage on more than one public way shall not exceed four square feet of signs for each ten feet of frontage on any building face for both interior and exterior signs, up to a maximum of 20 square feet unless the building elects not to place signs on one of the faces in which event the provisions of subsection (c)(2) of this section will apply. Signs must be architecturally consistent with the buildings to which they are attached. (4) A building designed in such a way as to have business locations within the interior of the str ucture served by an interior mall or by other means of ingress and egress by the public shall be limited to one sign at each entry identifying the building or mall name and a directory which may contain the names of all businesses within the building. Individual businesses within the b uilding shall be limited to one projecting sign not to exceed three square feet in area or one flat sign not to exceed six square feet in area when approved by the town council. Interior business locations shall not be entitled to individual signs on the exterior of the building adjacent to the public way or individual signs within the mall or walkway area of the building other than as permitted in this subsection. (5) The town council may make special exemptions to the allowable areas in this subsection w here hardship is incurred or where unusual design of a building requires special consideration. (d) Signs exempt from formal review: (1) Interior signs of 160 square inches or less when the aggregate area does not exceed that allowable for interior signs. (2) Temporary signs as provided for in this chapter. (3) Political signs so long as they do not exceed the maximum square footage provisions of this section. Thirty days after the election, which includes any run-off election, all political signs pertaining to such election shall be removed or be subject to removal by the town. Candidates shall be responsible for removal of their political signs. If the town removes the signs, it may assess the candidate the actual costs of removal. (4) Signs advertising civic events sponsored by the town, Westlake Academy or other local civic clubs provided that no sign shall be allowed to remain posted longer than seven days before the event and Ordinance 745 Page 5 of 6 be removed within 24 hours of the conclusion of the event. Location of these temporary signs must be approved in advance by the town manager or his designee. (e) Sign area. In calculating the area of signs, the following shall apply: (1) All faces of a multifaced sign shall be included except for double-faced signs in which ca se only one face shall be included. (2) For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly contain the sign. (3) That with the exception of signs which are allowed to be painted directly on a wall the area of a sign shall include the board or other material of which the sign is a part, including framing, visual or otherwise, but exclusive of the brackets from which the sign is hung. (f) Standards for display cases. (1) All display cases shall be in size and scale with their surroundings and shall be designed in keeping with the existing architecture. (2) Display cases shall not exceed ten square feet in area or ten cubic feet in total volume. (3) Display cases shall contain but one sign no larger than necessar y to identify the owner of the case and direct the public to the store where the merchandise displayed is sold. The sign shall not exceed 24 square inches. (4) Display cases shall be located on the same property as the business premises to which the display case applies. (5) All display cases shall be maintained in accordance with the approval granted for their placement. (6) Merchandise displayed in the case shall be typical of products for sale in the business premise and the case shall not be used to display wares of another business located elsewhere or of merchandise not available in the store to which the display case has been permitted. (g) Special exceptions. The town council may consider resolutions which grant special exceptions to this subsection where hardship is incurred or where unusual circumstances warrant special consideration. (Ord. No. 633, § 2, 2-22-2010) • Sec. 70-18. - Prohibited advertising devices. The following types of signs and advertising devices are not permitted within the corporate limits of the town: (1) Ordinance 745 Page 6 of 6 Advertising searchlights. (2) All off-premises commercial signs and billboards. (3) Any signs on a single or double pole structure that extend into the air more than eight feet as measured from the top of the structure to the grade under the sign. (Size and height limitations are listed elsewhere in the code and signs not conforming to the regulations are not allowed even if not listed as prohibited.) (4) Sky signs. (5) Street banners or festoons. (regulated elsewhere in the code.) (6) Off-premises banners. (These are permitted for civic events) (7) Sandwich or "A-frame" signs. (8) Sidewalk or curb signs. (9) Tethered pilotless balloons or other gas-filled advertising devices. (10) Signs placed on vehicles and used as stationary advertising devices. (11) Mobile advertising. (12) Changeable copy sign. • Sec. 70-19. - Functions of the town council. Signs that do not comply with all of the applicable regulations contained within this chapter may seek approval by the Town Council after receiving a recommendation from the Planning and Zoning Commission. The town council may consider resolutions which grant special exceptions to this chapter where hardship is incurred or where unusual circumstances warrant special consideration. The town council will conduct a formal review of all applications for signs and display cases, grant or deny such applications, and authorize the issuance of sign permits. In reviewing the applications, the council will uphold the provisions intent of this chapter and will ensure that the signs will be compatible with the property and use thereof, and will not create hazards, confusion, poor aesthetics, loss of business, clutter and garishness, adversely affect the stability and value of property, or produce degeneration of property with attendant deterioration of conditions affecting the peace, health and welfare of the town. Page 1 of 4 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 26, 2015 TOPIC: Conduct a public Hearing and consider an application for rezoning of the property addressed as 1480 Dove Road, fro m R-1 “Estate Residential” to PD 6 (A ten lot , “one dwelling per acre density” single-family residential Planned Development.) The property is approximately 10.18 acres and is located on the north side of Dove Road, between the Glenwyck Farms and Terra Bella subdivisions. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development N/A 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 Time Line - Start Date: January 5, 2015 Completion Date: January 26, 2015 Funding Amount: Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The property is currently zoned R1 “Estate Residential” which requires a minimum lot size of one acre. The property is located between Glenwyck Farms, which is zoned R 1, but was developed as a “one dwelling per acre density” development with 80% of the lots smaller than one acre, and Terra Bella, which is zoned PD 4 and was also developed as a “one dwelling per acre density” development with 75% of the lots less than one-acre. Both neighboring Page 2 of 4 developments do have some lots greater than one acre, and along with the open spaces, they calculate out at approximately .8 and .5 dwellings per acre respectively. By creating a Planned Development district for this property, the town may impose design standards that exceed those contained in the Code of Ordinances, negotiate Economic Development agreements with the developer that include contributions to Westlake Academy, and include conditions or regulations to address unique situations or the concerns of adjacent property owners. The developer and has incorporated all of the design standards contained in the Granada PD ordinance into an ordinance to regulate the proposed development. The developer, which will also be the exclusive builder in the development, has increased the minimum home size by 1,000 sq. ft. over that required for Granada. RECOMMENDATION The Planning and Zoning Commission unanimously recommended denial of the rezoning request as presented at the January 5, 2015 Planning and Zoning meeting. The applicant has requested that the Town Council table the hearing to a future date and that they bring their plans to a Town Council work shop for guidance. ATTACHMENTS: 1. Vicinity Map 2. Concept Plan 3. Staff Report 4. Ordinance Page 3 of 4 Vicinity Map Page 4 of 4 1 TOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL Zoning Change from R1 to PD 6 (a ten lot, one-acre density residential subdivision “Carlyle”) and Concept plan I. CASE INFORMATION Case No. Z –10-01-14 Date: 01-05-2014 Request: Applicant is requesting approval of the following: Zoning change _X__ From R1 (Single-family residential with minimum lot size of one acre) to PD 6 (Single-family with one lot per acre density) Concept Plan _X__ Development Name: Carlyle Location: Subject property is an approximate 10.18 acre lot generally located north of Dove Road, between the Terra Bella and Glenwyck Farms. It is currently a single- family residence addressed as 1480 Dove Road. Owner: Greg Kuelbs Developer: Calais Homes Zoning: Current: R-1 Proposed: PD 6 (10 lot residential on 10 acres) Acres: 10.18 not including Dove Road right-of way dedications made when previously platted in to a single lot) Proposed Uses: Single-family residential. Approximately one (1) dwelling unit per acre gross density with minimum lot size of 30,000 square foot. II. STAFF REVIEW COMMENTS 2 1. General This is a request for approval of a Zoning Change that if approved would allow for the development of 10 residential lots on 10+ acres of land as opposed to the 5 or 6 one-acre lots that could be developed under the current zoning. The permitted uses and design standards contained in the proposed ordinance for this district were created with regulations specifically geared towards giving the Town the ability to ensure that the development will meet the high standards that Westlake has become known for. The District Development Standards for straight zoning residential districts requires 80% Masonry exterior wall surface and regulates setbacks for accessory structures. The Design guidelines in a PD ordinance are open to whatever the town decides is necessary to assure the high quality exterior design and materials typically found in other Town of Westlake developments. The proposed ordinance includes all of the Design guidelines that were put into the recently approved PD 1-3 “Granada” Planned Development. At build out the development will include approximately $20,000,000 in improvements that will be added to the ad valorem tax base. The proposed development will contain ten residential lots all slightly over 30,000 square feet. For comparison purposes the two subdivisions in closest proximity to this site, Glenwyck farms and Terra Bella have lot sizes starting at 35,409 and 40,010 square feet respectively. Eighty percent of the lots in Glenwyck Farms are less than one acre and seventy-five percent of the lots in Terra Bella are less than one acre.. The gross density of the development will be approximately one (1) dwelling per acre compared to Glenwyck Farms at .8 dwellings per acre and Terra Bella at .51 dwellings per acre. The open space and trail connectivity along with higher development standards incorporated into the Planned Development ordinance should keep the homes in Carlyle relatively close to the same price points as those in Glenwyck Farms and Terra Bella. The developer is anticipating the average home price to be close to $2,000,000. . 2. Concept Plan The Concept Plan shows 10 single family lots configured into a residential development with a single cul-de-sac meandering up the middle of the property. 3 This addresses the concerns voiced by some homeowners on adjacent properties about having a roadway running along their back property lines. The development will include two publicly accessible and privately maintained open spaces with water features and trail connections tying into the town trial system. The staff has also worked with the applicant to establish variation in the front, side and rear setbacks to avoid visual monotony within the development. The preliminary plat will finalize some of these setbacks. 3. Setbacks/Building Lines Proposed for PD 6 R1 zoning district Glenwyck Farms Terra Bella Front 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min. Rear 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min. Side 20 ft. +- 20ft. min. 20 ft. min. 20 ft. min. 4. Conformance with Comprehensive Plan This application is consistent with the Town’s recently amended Comprehensive Plan, its goal s and objectives, and its policies as it relates to land use and site development. The Land Use Plan indicates this property should be Single-family Residential use, and the Thoroughfare Plan shows Dove Road to be a Collector road. The proposed development is also consistent with the proposed updated Comprehensive Plan. 5. Building Design, Architecture, and Screening The building design, architectural, and screening regulations contained in the Planned Development ordinance and the Concept Plan were created with the goal in mind of Carlyle appearing at build out as a high end custom home sub- division similar to the high quality development achieved in both the Glenwyck Farms and Terra Bella sub-divisions. 6. Landscaping and Landscape Screening 4 Common areas. The common areas at both ends of the subdivision will be a combination of preserved natural landscaping in areas of dense tree growth, and newly planted landscaping designed with staggered heights and clustering of plants and trees to break up and soften the view from outside the development. Some elements of the landscaping have not been shown on the Concept Plan but will be included as development progresses and final determination of the best locations can be field approved. Home sites. Each home site will comply with the Roadway landscape Zone requirements of having six trees per one-hundred linear feet of lot width at the roadway. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. 7. Landscaping and Screening Common areas. The common areas at the front and rear of the project will be a combination of preserved natural landscaping and newly planted landscaping to create small, park-like, areas. The developer will install and maintain these areas but they will be publicly accessible. The perimeter walls will be of a design similar to the types used for Glenwyck Farms and Terra Bella, masonry columns with wrought iron fencing. Home sites. Each home site will comply with the Roadway landscape Zone requirements of having six trees per one-hundred linear feet of lot width at the roadway. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. 8. Parking The ordinance requires three covered parking spaces per dwelling. Garages may not face the street unless further back from the street than the side- facing garage. 9. Fire Lanes Because this sub-division will only have a single entrance it was assessed by the Fire Marshal and determined if a second emergency access road would be needed. It was determined that the roadway was within the length limitations to allow a single point of access. 5 10. Access/Streets/Thoroughfare Plan The primary entrance and exit for the sub-division will be off of Dove Road which is classified as a Major Collector on the Thoroughfare plan. The internal roadway will be privately owned and maintained by the HOA. . 11. Street/Highway Right-of-Way Dedication Requirements No additional right-of-way dedication is required for this project. 12. Pedestrian Circulation Pedestrian circulation and connectivity with the Town’s network of trails will be accomplished with the Public Open Space trails. The applicant’s Concept Plan indicates that the subject site, although gated to limit vehicular access, will be accessible to pedestrians. 13. Lighting Compliance with all Town of Westlake ordinances as well as the International Dark Skies design guidelines is required for this PD. All lighting plans will be submitted to and reviewed/approved by staff prior to installation. 14. Tree Mitigation A tree mitigation plan will be submitted and will be reviewed by Town staff for compliance with Town ordinances. Approval of this Concept Plan is not granting approval of the tree mitigation plan. 15. Signage The signage shown on the approved concept plan will be the only signage allowed other than signs specifically permitted for residentially zoned properties by other Town ordinances. 16. Utilities (including on and off-site extensions and easement dedications) Water and sewer utilities for this site are provided by the Town of Westlake. Off- site water and sewer line extensions to serve the site are the responsibility of the developer. All on-site electric utility lines, new or existing, will be placed 6 underground. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. 17. Storm water retention and detention The drainage plans that will be submitted with the Preliminary Plat will detail how they will be able to develop the sub-division and, through retention, detention, and other design features, have the same or lower rate of flow after development and build-out than is being experienced today or make provisions to handle the increased flow without negatively impacting downstream properties. Town engineers will confirm their calculations prior to permitting any infrastructure improvement work permits 18. Park Land Dedication The Park Land Dedication requirement for a residential development is one acre of Park Land for every thirty dwelling units. The development being 10 lots will be required to dedicate one-third of an acre for Park Land. The concept plan shows 2.06 acres of open space of which the majority will be publicly accessible and will be connected to the town’s trail system so the Open Space on the Concept Plan qualifies to meet the Park Land Dedication requirements. . ________________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this Zoning Change and Concept Plan as submitted with the following stipulations: 1. Developer Agreement A Developer Agreement shall be approved prior to the commencement of construction activities related to the development of the sub- division. 2. Tree Mitigation: Tree mitigation will be in compliance with Town ordinances and addressed prior to acceptance of the sub-division and issuance of building permits unless otherwise stipulated in a Developer’s Agreement. 3. Park Land Dedication: The Park Land Dedication requirement for a residential development is one acre of Park Land for every thirty dwelling units. The development being 10 lots will be required to dedicate one-third of an acre for Park Land. The concept plan shows 2.06 acres of open space of which the 7 majority will be publicly accessible and will be connected to the town’s trail system so the Open Space on the Concept Plan qualifies to meet the Park Land Dedication requirements. 4. Sequencing of improvements: All infrastructure improvements both internal and external to the project along with all landscaping and improvements located within the open spaces and the right-of-way along Dove Road shall be completed prior to acceptance of the sub-division. Ordinance 746 Page 1 of 20 TOWN OF WESTLAKE ORDINANCE NO. 746 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 10.18 ACRE TRACT OF LAND KNOWN AS 1480 DOVE ROAD, GENERALLY LOCATED IN TARRANT COUNTY, TEXAS; FROM THE USES PERMITTED IN THE "R1 ESTATE RESIDENTIAL” DISTRICT TO PD 6, A SINGLE FAMILY RESIDENTIAL DISTRICT WITH A DENSITY OF ONE DWELLLING UNIT PER ACRE, ALONG WITH THE CUSTOMARY ACCESSORY USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Town Council (sometimes referred to as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Council after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of t he Commission, the Town Council amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, there is located within the corporate limits of the Town an approximately 10.18-acre tract of land (commonly known 1480 Dove Road, being the property located on the north side of Dove Road between the Glenwyck Farms and Terra Bella subdivisions: and WHEREAS, because of the size, location, and natural features of the property the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term de velopment vision; and WHEREAS, because further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for residential uses upon this property that will be consistent with the Town's long-term development vision; and Ordinance 746 Page 2 of 20 WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of such planned development district; and WHEREAS, the Commission and Council held public hearing s upon the application of Calais Homes, to establish PD6 and amend the zoning regulations for the approximately 10.18- acre tract of land to a "PD" Planned Development District with single-family residential uses on January 5th and January 26 th of 2015, after written notice of such hearings having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance, which the Council has determined to be consistent with the 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; and WHEREAS, upon the recommendation (not recommended) of the Planning and Zoning Commission, 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 202, as amended, is hereby amended by this PD Ordinance, from R1 to PD 6, the subject property described in Exhibit 1 attached hereto by reference for all purposes. This Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit 2. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 746 Page 3 of 20 SECTION 4: That all provisions of this Ordinance not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: 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 Five Hundred ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 26th DAY OF JANUARY 2015. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney i EXHIBIT 2 PD 6 ONE ACRE DENSITY SINGLE FAMILY RESIDENTIAL ARTICLE I. GENERAL PROVISIONS ................................................................................. 1 SECTION 1 SHORT TITLE .................................................................................................... 1 SECTION 2 PURPOSES ......................................................................................................... 1 SECTION 3 GENERAL DEFINITIONS.................................................................................. 1 Section 3.1 Usage ....................................................................................................... 1 Section 3.2 Words and Terms Defined ........................................................................ 1 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS ........................................... 2 Section 4.1 Applicable Town Ordinances.................................................................... 2 Section 4.2 General Approval Criteria ........................................................................ 2 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. ................... 3 Section 5.1 PD Concept Plan Limits ........................................................................... 3 Section 5.2 PD Development Plans ............................................................................. 3 Section 5.3 PD Site Plans ............................................................................................ 3 SECTION 6 PARK LAND DEDICATION REQUIREMENTS . ............................................... 3 SECTION 7 TREE MITIGATION REQUIREMENTS………………………………………….3 SECTION 8 DUCT BANK REQUIREMENTS………………………………………………….3 ARTICLE II. USES ................................................................................................................. 4 SECTION 1 LAND USE SCHEDULE .................................................................................... 4 SECTION 2 ACCESSORY USES AND STRUCTURES......................................................... 5 ARTICLE III. DEVELOPMENT STANDARDS ................................................................... 5 SECTION 1 DENSITY ............................................................................................................ 5 SECTION 2 MINIMUM LOT SIZE ........................................................................................ 6 SECTION 3 MINIMUM LOT WIDTH .................................................................................... 6 ii SECTION 4 MAXIMUM BUILDING HEIGHT ...................................................................... 6 Section 4.1 Maximum building height……………………………………………...…….6 Section 4.2 Exceptions to Height Limitations .............................................................. 6 SECTION 5 MINIMUM BUILDING SIZE ............................................................................. 6 SECTION 6 LOT COVERAGE .............................................................................................. 6 SECTION 7 FRONT YARD SETBACKS............................................................................... 6 SECTION 8 REAR YARD SETBACKS ................................................................................. 7 SECTION 9 SIDE YARD SETBACKS ................................................................................... 7 SECTION 10 SLOPE REQUIREMENTS ................................................................................. 7 SECTION 11 SIGNAGE REQURIEMENTS ........................................................................... 6 Section 11.1 Signs ........................................................................................................ 6 Section 11.2 Exceptions to sign regulations .................................................................. 6 SECTION 12 LANDSCAPE REQUIREMENTS ...................................................................... 6 Section 12.1 Landscape requirements for residential home sites .................................... 6 Section 12.2 Landscape requirements for Common areas .............................................. 6 SECTION 13 LIGHTING STANDARDS ................................................................................. 8 Section 13.1 Street lighting ........................................................................................... 8 Section 13.2 Outdoor lighting regulations ..................................................................... 8 SECTION 14 BUILDING DESIGN ELEMENTS ..................................................................... 9 Section 14.1 Architectural Control Committee ............................................................. 9 Section 14.2 Roofs ........................................................................................................ 9 Section 14.3 Exterior Walls ......................................................................................... 9 Section 14.4 Parking ................................................................................................... 10 Section 14.5 Exterior doors and windows .................................................................. 10 Section 14.6 Mechanical Equipment screening .......................................................... 10 Section 14.7 Accessory buildings ............................................................................... 10 Section 14.8 Driveways and sidewalks........................................................................ 10 Section 14.9 Fencing and gates ................................................................................... 10 SECTION 15 UTILITIES S Section 15.1 Utilities offsite……………………………………………………………..10 Section 15.2 Franchise utilities ………………………………………………………….11 Section 15.3 Drainage ………………………………………………………………...…11 iii ARTICLE IV. EXHIBITS .................................................................................................... 10 EXHIBIT 1 Legal Description of PD District EXHIBIT 2 PD Concept Plans 1 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 7, Single-Family Residential Planned Development Zoning District Ordinance.” or simply as the "PD 6 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for single-family residential development of the property similar to and compatible with the neighboring residentially zoned properties. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Council and that are applicable to development within the PD District or Planning Area. Council means the Town Council of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Town. 2 PD Concept Plan means any one or more of the drawings attached to this Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the planned development zoning district or Planning Area established or amended by this PD Ordinance. PD Ordinance means this planned development zoning district ordinance, including the PD Concept Plan. Planning Area means an area within a Planned Development zoning district, the boundaries of which have been approved by the Town, which may have Permitted Uses and Development Regulations that are only applicable to the Planning Area. Town means the Town of Westlake, Texas. Town Manager means the Town Manager of the Town of Westlake or his/her designee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as amended. SECTION 4 APPLICABILITY OF EXISTING REGULATIONS Section 4.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan and this PD Ordinance, development within the PD 6 Planning Area shall also be governed by the Applicable Town Ordinances for the R-1 Zoning District. In the event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance shall control. Except as provided below, in the event of any conflict between the UDC and the Applicable Town Ordinances, the terms, provisions and intent of the UDC shall control. Section 4.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of such plan and ordinance. 3 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of drawings generally labeled as follows: (1) "Concept Plan". (2) “ Open Space and Trail improvements.” (3) “Perimeter Wall Plan.” Except as otherwise provided by this PD Ordinance, each of these drawings is a part of this PD Ordinance, and all graphic depictions contained on such drawings are considered "regulatory" standards. A. PD Concept Plan limits The drawing labeled "Concept Plan" identifies the general boundaries of the PD 6 zoning district . Any information shown on this drawing that is outside the boundaries of the PD 6 Planning Area is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD 6 Planning Area other than for the purposes of alignment of improvement s with existing off-site improvements. Section 5.2 PD Development Plans A PD Development Plan is not typically required for single-family residential developments. Section 5.3 PD Site Plans A PD Site Plan is not typically required for single-family residential developments. SECTION 6 PARK LAND DEDICATION REQUIREMENTS Park Land Dedication requirements shall be in accordance with Town ordinances and shall be met prior to filing of Final Plats. SECTION 7 TREE MITIGATION REQUIREMENTS Tree Mitigation requirements shall be in accordance with Town ordinances and shall be met prior to the filing of Final Plats. SECTION 8 DUCT BANK REQUIREMENTS The Developer shall install a Duct Bank system throughout the subdivision as required by Town ordinances. The home builder shall tie into the Duct Bank prior to the Final Inspections or Certificate of Occupancy approval. 4 ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD 6 zoning district shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the u se is not allowed by right as a principal or accessory use. PD 6 – SINGLE FAMILY RESIDENTIAL LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP RESIDENTIAL USES Single Family Detached X Single Family Zero Lot Line Single Family Attached Duplex Home Occupation (1) X Servants/Caretakers Quarters A Temporary Accommodation for Employees/Customers/Visitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private unlit) A Sport/Tennis Courts (Private lighted) S INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) X Water Storage Tank and Pumping System (Elevated or Above Grade) X 5 PERMITTED USES X=Permitted, A=Accessory Use, S=SUP Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets/Alleys/Drives X Child Daycare (Private; 7 or more) S Government Building X Police Station X Fire Station X AMUSEMENT/RECREATION Park or Playground (Public or Private) X Satellite Dish S Non-Commercial Radio Tower S Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Temporary Sales Office (3) X NOTES: 1. As defined by Chapter one of the Town of Westlake Code of Ordinances. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY The Gross Density allowed shall be one (1) residential lot per acre of land. Gross Density is defined in Chapter 1 of the Code of Ordinances as: Density, gross. The words "density, gross" shall mean density in floor area ratio or dwelling units per acre, inclusive of roadway right -of- way and dedicated public parks and open space A maximum of 10 single-family residential lots may be allowed in this PD district.. 6 SECTION 2 MINIMUM LOT SIZE The minimum lot size shall be 30,000 square feet. SECTION 3 MINIMUM LOT WIDTH The minimum lot width shall be 90 feet measured at the building line. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Maximum Building Height. The maximum height for all structures located on residential lots shall be two and one-half stories or 28 feet measured to the mid-span of the highest roof span. Section 4.2 Exceptions to Height Limitations. The height limits imposed above shall not apply to (a) chimneys and vent stacks, cupolas, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) structures shown on the approved concept plan. SECTION 5 MINIMUM BUILDING SIZE The minimum building size shall be 4,000 square feet for single story houses and 5,000 square feet for two story houses. SECTION 6 LOT COVERAGE The footprint of the main level of each residence shall not exceed 30% of the entire area of the lot. Footprint shall not include porches, patios, or other unenclosed areas. SECTION 7 FRONT YARD SETBACKS The minimum front yard shall be 40 feet. The Town Manager or his/her designee may approve a reduction of the required setback or may require an increase in the required setback by a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions including the preservation of old growth trees. SECTION 8 REAR YARD SETBACKS The minimum rear yard shall be 40 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions including the preservation of old growth trees. 7 SECTION 9 SIDE YARD SETBACKS The minimum side yard shall be 20 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of five (5) feet to accommodate unique site conditions including the preservation of old growth trees. SECTION 10 SLOPE REQUIREMENTS The height of non-residential structures within the PD District shall be shown and approved as part of the Concept Plan. SECTION 11 SIGNAGE REQUIREMENTS Section 11.1 Signs The UDC and the Westlake Code of Ordinance shall govern all signage other than signage shown on the approved Concept Plan Section 11.2 Exceptions to sign regulation. Signs shown on the approved Concept Plan are exempt from regulation in the UDC. SECTION 12 LANDSCAPE REQUIREMENTS Section 12.1 Landscape requirements for residential home sites. 1. Shrubs or flower beds shall be located in flower beds along the foundation line of all structures, except where paving is adjacent to the structure, and must extend away from the foundation a minimum of five (5) feet. No more than seventy-five percent (75%) of the landscaped area of a front yard may be covered by grass. 2. The landscape requirements of the Roadway Landscape Zones contained within the UDC are applicable to all residential lots within this Planning Area. Section 12.2 Landscape requirements for Common Areas 1. Landscaping shown in the common areas on the Concept Plan shall be installed and maintained by the Developer or the Home Owners Association. SECTION 13 LIGHTING STANDARDS All exterior lighting shall be subdued and indirect and comply with Town ordinances as well as follow Dark Skies Design Guidelines. Nuisance lighting and or glare must be avoided. THE OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE NIGHT TIME DARK SKY BY MIMIMIZING THE AMOUNT OF EXTEROR LIGHTING. TO UTILIZE LOW INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT 8 REQUIRED FOR SAFETY AND SUBTLE DRAMA, TO ACHIEVE OUTDOOR LIGHTING OF PLANT MATERIALS WITH HIDDEN LIGHT SOURCES. THE TOWN OF WESTLAKE SUPPORTS THE “DARK SKY” PHILOSOPHY AND HAS ADDITIONAL OUTDOOR LIGHTING REGULATIONS IN THE CODE OF ORDINANCES. Section 13.1 Street lighting. Street Lighting shall be located at all corners and intersections. Lights shall be low pedestal type fixtures with fully shielded light sources as approved by the Town. Section 13.2 Outdoor lighting regulations. The Outdoor Lighting regulations contained in the UDC are applicable to this Planning Area with the following additions: 1. Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25 watt incandescent or equivalent lumens. 2. Building walls shall not be illuminated and light from landscape lighting may not illuminate building walls higher than four (4) above grade. 3. Floodlights are prohibited. Except as allowed in the UDC. 4. All light sources must be fully shielded from view from adjacent property or right -of- ways. Light sources of 25 watts incandescent or equivalent may be shielded with frosted or opaque glass. SECTION 14 BUILDING DESIGN ELEMENTS Section 14.1 Architectural Control Committee. An Architectural Control Committee shall be established that has approval authority over house designs prior to submittal for permitting. The committee shall have three voting members with at least one member appointed by the Town Manager and at least one member appointed by the developer. The member appointed by the Town Manager may approve minor variances to any of the Building Design Elements if he/she feels that the intent of the ordinance has been met . Section 14.2 Roofs. Roofing materials shall be limited to concrete or clay t ile, slate, architectural or laminated 35 year warrantied composite shingles, standing seam metal (as accent roof projections not exceeding 200 sq. ft., or other materials with similar appearance if approved by the Town. No more than two houses on adjacent lots, fronting on the same street, may have the same type and color roof material. No more than two houses on adjacent lots may have the same roof pitch unless one or both roofs have multiple pitches. Roof slope for the main structure and garage shall have a minimum roof pitch of 8:12, unless otherwise approved by the Architectural Control Committee. This minimum pitch shall be used on all roofs except Tuscan and Mediterranean style homes which can have a minimum of 4:12 roof pitch. Roof design shall include offsets and dormers to break up large expanses of roof area. 9 Section 14.3 Exterior Walls. Exterior walls shall have horizontal and vertical articulation or architectural features on all elevations. Acceptable exterior wall materials: Brick - as an accent limited to 30% of the exterior wall. Stone Cast Stone Stucco – ¾ inch thick minimum and limited to 30% Except Tuscan and Mediterranean style homes may have up to 100%.. Note: Siding of any type is prohibited for use on walls or chimneys. Exterior wall coverings materials shall make changes at inside corners only. Every elevation shall have a minimum of two wall materials or textures. Single wall covering materials may be approved if architectural features, wall offsets, and enhanced trim around openings are utilized to limit continuous blank wall areas.. Walls shall not exceed thirty feet in length without an offset of two (2) feet or more unless the wall area is broken up by architectural elements such as ornate masonry work, changes in construction material, or openings for windows or doors that are trimmed and recessed a minimum of three (3) inches. Section 14.4 Parking. Every house must have a minimum of three enclosed parking spaces. Section 14.5 Exterior doors and windows. All doors and windows other than those within court yards shall be recessed a minimum of three inches. Windows shall be wood and those visible from off-site shall have mullions or muntins. Primary Entry Doors shall vary in design from house to house. If the same door is used on houses within the same block, trim, accents or other architectural enhancements shall be used to create a diverse appearance and maintain the appearance of a custom home neighborhood. Garage doors shall be made of sectional wood or be wood clad. Aluminum or fiberglass doors are prohibited. Garage doors shall be recessed a minimum of six inches. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion, are in a motor court setting, and behind a gate that extends over the driveway. Section 14.6 Mechanical equipment screening All mechanical equipment and pool equipment shall be completely screened from view from adjacent properties or right -of-way. Screening may include landscaping provided the plant sizes are sufficient to provide seventy-five percent screening at building final. 10 Section 14.7 Accessory buildings Architectural design, wall coverings and roof materials for accessory structures shall be similar to those used on the primary structure Section 14.8 Driveways and sidewalks All driveways and sidewalks and parking areas shall be made of concrete, stone or pavestone. Concrete shall have an exposed aggregate finish, salt finish, or be stamped and stained. All paving shall be a minimum of one foot from any adjacent property line. Section 14.9 Fencing and gates. All fencing shall be masonry or decorative metal. Posts shall have decorative caps. SECTION 15 UTILITIES AND DRAINAGE Section 15.1 Utilities offsite. Water and sewer utilities for this site are provided by the Town of Westlake. Off-site water and sewer line extensions as well as drainage improvements needed to serve the site are the responsibility of the developer. Section 15.2 Franchise Utilities. All on-site electric utility lines, new or existing, shall be placed underground. All above grade equipment approved by the Town to be placed above grade shall be screened from view as approved by the Town. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. Section 15.3 Drainage. The post development drainage run-off quantities leaving the site shall not exceed pre-development drainage run-off quantities. This section is applicable to the subdivision as a whole and to any portion of a buildable lot that drains on to or across another buildable lot. Drainage inlets and outfalls shall be designed to appear natural and not engineered. Exception: Lot to lot drainage run-off is not limited if it is contained within underground piping. ARTICLE IV. FIGURES ARTICLE V. EXHIBITS EXHIBIT 1-A Legal Description of PD District EXHIBIT 1- B Boundary Map EXHIBIT 2 Concept Plan EXHIBIT 3 Wall and Landscape Plan EXHIBIT 4 Entrance 11 EXHIBIT 1- A Legal Description of PD District DOVE ADDITION-WESTLAKE Block: 1 Lot: 1 Town of Westlake, Tarrant County, Texas 12 EXHIBIT 1-B Boundary Map 13 14 EXECUTIVE SESSION 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). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or fi nancial 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). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 6 – Executive Session Town of Westlake Item # 7 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. 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). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. 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). Carlyle Development c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 8 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #9 - Future Agenda Items  Northwest Metroport Chamber’s Annual Awards Banquet Thursday, January 29, 2015; 7:00 p.m. Texas Motor Speedway (See Ginger for tickets)  WA Senior Night for Varsity Boys/Girls Basketball Friday, January 30, 2015; 6:30 (V girls) WA Gym  Northeast Leadership Forum Annual Meeting & Award Luncheon Friday, February 6, 2015; 11:30 – 1:00 p.m. Hurst Conference Center (RSVP to Ginger)  Westlake Academy Board of Trustees Workshop & Meeting Monday, February 9, 2015 Westlake Town Hall in Solana – Council Chambers  Town Council Workshop & Meeting Monday, February 23, 2015 Westlake Town Hall in Solana – Council Chambers Upcoming Dates to calendar:  WA Foundation’s Annual Gallery Night Saturday, February 28, 2015; Watch for more details soon!  WA Spring Break – Offices closed Week of March 9 - 13, 2015  WA Commencement Ceremony – Hilton Dallas/Southlake Town Square Saturday, June 6, 2015; 2:00 p.m. Town of Westlake Item # 10 – Council Calendar Town of Westlake Item # 11 – Adjournment Back up material has not been provided for this item.