HomeMy WebLinkAbout06-09-08 TC Agenda Packet 1 f �
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
AGENDA
June 9, 2008
WESTLAKE CIVIC CAMPUS
2600 J. T. OTTINGER ROAD
7:00 p.m.
1. CALL TO ORDER.
2. PLEDGE OF ALLEGIANCE.
3. CONSENT AGENDA: All items listed below are considered routine by the Board of
Aldermen and will be enacted with one motion. There will be no separate discussion of
items unless a Board 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 a Resolution authorizing the Town Manager to enter into an Interlocal
Cooperation agreement with the Northeast Fire Department Association.
B. Consider a Resolution approving the opening of two new TexPool depository accounts
to accommodate the Arts and Sciences Center project.
C. Review and approve minutes of the Board of Aldermen and regular meeting held on
May 19, 2008.
D. Consider a Resolution approving the addition of a 457 deferred compensation plan to the
employee benefit package.
E. Review and approve any outstanding bills.
Board of Aldermen Agenda Page 2 of 3
June 9,2008
4. CITIZENS' PRESENTATIONS: This is an opportunity for citizens to address the Board
on any matter whether or not it is posted on the agenda. The Board cannot by law take
action nor have any discussion or deliberations on any presentation made to the Board at this
time concerning an item not listed on the agenda. Any item presented may be noticed on a
future agenda for deliberation or action.
5. CONSIDER A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
WESTLAKE, AIL INVESTMENT, L.P. (AIL) AND HILLWOOD ALLIANCE
SERVICES, LLC (HAS) PERTAINING TO RESPONSIBILITIES AND FUNDING
FOR CERTAIN ROADWAY IMPROVEMENTS/EXTENSIONS, ACCESS,
BUFFERS, TRAIL IMPROVEMENTS, PLACEMENT OF ELECTRIC LINES
UNDERGROUND, AS WELL AS FILING OF A REZONING APPLICATION FOR
THE REMAINDER OF THE PD 3-3 ZONING DISTRICT.
6. CONTINUE A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING
AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING
APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING
AREA 3 (PD 3-3) AND REZONING THAT ACREAGE TO BE CALLED PLANNED
DEVELOPMENT 3-PLANNING AREA 12 (PD 3-12).
7. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING THE FOLLOWING CASES:
A) SITE PLAN; CASE NO. SP-08-01
B) PRELIMINARY PLAT; CASE NO. PP-08-01; Lots 1-6
C) FINAL PLAT; CASE NO. FP-08-01; Lots 1-2 only
ALL THREE APPLICATIONS LISTED ABOVE PERTAIN TO THE FOLLOWING
TRACTS OF LAND: approximately 10.22 acres of land in the Planned Development 3-
Planning Area 10 (PD 3-10) zoning district, being a tract of land situated in the William
Huff Survey, Abstract No. 648, Tarrant County, Texas, and being a portion of that tract of
land conveyed to AIL Investment, L.P., by deed recorded in Volume 13588, Page 189 and
all of that tract of land conveyed to Hillwood Development Co. LLC (Tract 1) by deed
recorded in County Clerk's Filing No. D205179108, both of Deed Records, Tarrant County,
Texas; and, generally located at the Southwest corner of SH 377 and SH 170.
8. CONSIDER A RESOLUTION APPOINTING MEMBERS TO THE WESTLAKE
ACADEMY FOUNDATION BOARD OF DIRECTORS.
9. BOARD CALENDAR.
- School Board Training 6/10—6/11, 6 p.m.
- Westlake Academy Foundation meeting—6/12/08, 8:30 a.m.
- Texas Student Housing Authority meeting- 6/17/08, 5:30 p.m.
- Celebrate Scott Bradley- 6/21/08, 3 p.m. Marriott Solana
- Board of Aldermen Regular meeting—6/23/08, 7 p.m.
- Board of Trustee Special Workshop—6/23/08, time tbd
- Strategic Planning Retreat—6/27 and 6/28, Embassy Suites, Grapevine
Board of Aldermen Agenda Page 3 of 3
June 9,2008
- Planning and Zoning Commission—7/24/08, 6 p.m.
- Texas Municipal League Newly Elected Officials training
• 7/25 —7/26/08, Austin, 7:30 a.m.
• 8/8 - 8/9/08, Austin, 7:30 a.m.
10. ADJOURNMENT.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS
LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071
THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village
Circle, by Friday, June 6, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas
Government Code.
Kim Sutter, 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
Back up material has not
been provided for this item.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Don Wilson, Director of Public Safety
Subject: Regular Meeting of June 9, 2008
Date: May 28, 2008
ITEM
Consider a Resolution authorizing the Town Manager to enter into an interlocal
cooperation agreement establishing a Mutual Aid Fire Protection and Emergency Medical
Services Agreement with the Cities of Bedford, Colleyville, Euless, Grapevine, Haltom
City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy
Club, Watauga, and Westlake. These cities and towns are collectively known as the
Northeast Fire Department Association (NEFDA).
BACKGROUND
The occurrence of any natural or manmade disaster can very quickly overwhelm any
agency and community’s resources. Without the assistance of neighboring communities,
these events can hamper mitigation and recovery efforts, prolonging the damage and
potential harm to the community and its citizens. This mutual aid agreement will allow
each participating community to assist in these events as well as in those “routine” Fire,
EMS incidents, etc. that potentially involve community services daily. This agreement is
not limited to emergencies, but includes requests to non-emergency calls for assistance as
well.
Today’s events and the environment in which the Town may be forced to react, dictates a
broad approach to disaster response, thus this expanded agreement. As a member to the
NEFDA organization, the Town has at its disposal a Hazardous Materials Response
Team, a Technical Rescue Team, a Heavy Rescue Team, a Mass Casualty Team, an
Explosives Response Team, an Air and Light Unit, and a Mobile Command Unit. The
Town provides team members, as a participating member, to the Hazardous Materials
Response Team.
FUNDING
There is no direct funding impact by this agreement on the adopted FY 2007-08
NEFDA dues and membership cost are a routine budget item.
RECOMMENDATIONS
Staff recommends approval.
ATTACHMENTS
Resolution
Mutual Aid Fire Protection and Emergency Medical Services Agreement
TOWN OF WESTLAKE
RESOLUTION NO. 08-33
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT INTO BY AND BETWEEN THE CITIES OF
BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, HALTOM CITY, HURST,
KELLER, NORTH RICHLAND HILLS, RICHLAND HILLS, ROANOKE,
SOUTHLAKE, TROPHY CLUB, WATAUGA, AND WESTLAKE, HEREIN
REFERRED TO AS “PARTIES” FOR MUTUAL AID FOR FIRE AND
EMERGENCY MEDICAL SERVICES. THIS GROUP OF CITIES IS ALSO
KNOWN AS THE NORTHEAST FIRE DEPARTMENT ASSOCIATION.
WHEREAS, the Board of Aldermen of the Town of Westlake does hereby recognize and
agree that assistance and cooperation is amongst all signature parties of this mutual aid
agreement is beneficial, and;
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby
authorize the Town Manager of Westlake to enter into an agreement for mutual aid for
fire protection and emergency medical services wherein the equipment, facilities and
trained personnel of each Parties city are available to the Parties in this mutual aid
agreement on a requested basis.
SECTION 2: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THE 9TH DAY OF JUNE 2008.
________________________
Laura Wheat, Mayor
ATTEST:
__________________________ _________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
__________________________
L. Stanton Lowry, Town Attorney
Attachment: Mutual Aid Fire Protection and Emergency Medical Services Agreement
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Debbie Piper, Finance Director
Subject: Regular Meeting of June 9, 2008
Date: June 2, 2008
ITEM
A Resolution approving the opening of two new TexPool depository accounts to
accommodate the Arts and Sciences Center project.
BACKGROUND
The Arts and Sciences Center account will be used for the depository of the funds
received from the General Obligation Bonds, Series 2008, to be delivered on June 19,
2008, as well as all funds received for the project. This includes donations from Texas
Student Housing and Mrs. Lee. Funds raised by the Westlake Academy Foundation for
this capital campaign will also be transferred into this account upon receipt from the
Foundation. All interest accrued will remain in the account and be used towards the
expense of the capital project.
The Arts and Sciences Center CM (Construction Manager) Retainage account is a
requirement per the contract executed on May 5, 2008 between the Town of Westlake
and Steele & Freeman, Inc. Article 6 of Amendment No. 2 of the contract states that the
10% retainage fee will be deposited in an interest-bearing account with interest earned
paid to the contractor. As payments are made, the 10% retainage will be transferred to
this fund and all interest earned will be payable to Steele & Freeman, Inc. upon
satisfactory completion of the Arts and Sciences Center.
TexPool’s fee is 0.0485% annually, calculated daily on the fund balance of each
respective pool. The fees are deducted from the interest earnings of the pools. There is
no direct reduction to the participant’s account, and all TexPool rates are quoted net of
fees. Currently, TexPool’s interest is approximately 2.4%.
FUNDING
There is no affect to the current budget.
RECOMMENDATION
Staff recommends the opening of these two TexPool accounts.
ATTACHMENTS:
Resolution
(2) Texpool “Bank Information Sheet” to open each account
1
TOWN OF WESTLAKE
RESOLUTION NO. 08-34
APPROVING THE OPENING OF TWO ACCOUNTS WITH THE TEXAS LOCAL
GOVERNMENT INVESTMENT POOL (TEXPOOL). (1) ARTS AND SCIENCES CENTER,
AND (2) ARTS AND SCIENCES CENTER CONSTRUCTION MANAGER RETAINAGE.
WHEREAS, The Town of Westlake is a current participant in the Texas Local Government
Investment Pool (TexPool); and
WHEREAS, it is prudent to set up a separate account for the construction of the Arts and
Sciences Center to maintain all revenues and expenditures regarding the project in one account without
commingling funds; and
WHEREAS, the executed contract dated May 5, 2008 between the Town of Westlake and Steele
& Freeman, Inc. (Construction Manager) states that the 10% retainage fee will be deposited in an interest
bearing account with interest earned paid to the contractor upon satisfactory completion of the Arts and
Sciences Center; and
WHEREAS, Resolution No 08-22 has appointed Thomas E. Brymer, Debbie J Piper, and
Donald R Redding as authorized signers of the Town of Westlake’s TexPool accounts,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN
OF WESTLAKE:
SECTION 1: That the Town of Westlake Board of Aldermen does hereby approve the opening
of two accounts regarding the Arts and Sciences Center by the appointed authorized signers.
SECTION 2: This Resolution shall become effective on June 6, 2008.
PASSED AND APPROVED ON THIS 9TH DAY OF JUNE 2008.
___________________________________
Laura Wheat, Mayor
ATTEST:
______________________________ __________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
May 19, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
Pete Steger, Bob Timmerman, Mayor-elect Laura Wheat, Aldermen-elect, Rebecca
Rollins, Carol Langdon, and Tim Brittan.
ABSENT: None.
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kim Sutter, Finance Director Debbie Piper, DPS Director
Don Wilson, Facilities and Recreation Director Troy Meyer, and
Assistant to the Town Manager Ginger Awtry.
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 7:07 p.m.
2. PLEDGE OF ALLEGIANCE.
Westlake Academy students led the pledge of allegiance to the United States and Texas
Flags.
3. CITIZENS' PRESENTATIONS.
Mr. Rick Rennhack, 1762 Hidden Springs Court, expressed his appreciation to Mayor Scott
Bradley for his leadership
Mayor Bradley recognized his family members who were in attendance: Mrs. Kelly
Bradley, wife; Mr. Joe A. Bradley, father; Mrs. Brooke Nicholson, daughter; and his
grandchildren, Riley and Reece Nicholson.
Mrs. Barbara Brizuela expressed her appreciation to Mayor Bradley for his leadership, his
belief that public education can be something more, and his dream for a community school
Town of Westlake Board of Aldermen Page 2 of 6
Regular Meeting
May 19, 2008
in the Town of Westlake and his endurance and perservance to make the dream a reality.
Mrs. Brizuela also recognized Mayor Pro Tem Redding for his role as a founder of the
school.
4. CONSENT AGENDA.
Mayor Bradley introduced the consent agenda and asked for a motion.
A. Review and approve minutes of the Board of Aldermen workshop and regular meetings
held on April 28, 2008.
B. Review and approve minutes of the Board of Aldermen workshop and regular meetings
held on May 5, 2008.
C. Review and approve any outstanding bills.
MOTION: Alderman Steger made a motion to approve the consent agenda as presented.
Alderman Maynard seconded the motion. The motion carried by a vote of 5-
0.
5. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF THE GENERAL AND SPECIAL ELECTIONS HELD ON MAY
10, 2008.
Mayor Bradley read the ordinance canvassing the returns and declaring the results of the
general and special elections held on May 10, 2008.
MOTION: Alderman Timmerman made a motion to adopt Ordinance No. 594,
canvassing the general and special elections held on May 10, 2008.
Alderman Maynard seconded the motion. The motion carried by a vote of 5-
0.
6. ADMINISTER OATHS OF OFFICE TO NEWLY ELECTED OFFICIALS.
Mayor Bradley expressed his appreciation to the Board for their service to the community.
Town Secretary Sutter administered the Oath of Office to the following newly elected
officials:
• Laura Wheat, Mayor-elect
• Rebecca Rollins, Alderwoman-elect
• Carol Langdon, Alderwoman-elect
• Tim Brittan, Alderman-elect
Town of Westlake Board of Aldermen Page 3 of 6
Regular Meeting
May 19, 2008
7. RECOGNITION OF OUTGOING BOARD MEMBERS AND APPOINTED
OFFICIALS.
Mayor Wheat recognized out-going Board members Scott Bradley, Bob Timmerman, Pete
Steger and Kevin Maynard and presented each with a clock to thank them for their gift of
“time” while serving on the Board, and also presented each of the outgoing members
spouses with a bouquet of flowers.
8. PRESENTATION BY STATE REPRESENTIVE VICKI TRUITT.
State Representative Vicki Truitt (District 98) presented a certificate issued by Texas
Governor Rick Perry to Scott Bradley in recognition of his years of leadership to the Town.
Mr. Scott Bradley expressed his appreciation to the Town and its residents for allowing him
to serve the town for so many years.
9. CONTINUE A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE,
TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED
DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) AND REZONING THAT
ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12
(PD 3-12) GENERALLY LOCATED NORTH OF DOVE ROAD AND EAST OF J.T.
OTTINGER.
Town Manager Brymer addressed the Board regarding the case and advised the Board that
the Planning and Zoning Commission voted unanimously to continue the Public Hearing to
the May 22, 2008, Planning and Zoning Commission meeting. Mr. Brymer recommended
the Board continue to the Public Hearing to the June 9, 2008, Board of Aldermen meeting.
Mayor Wheat continued the public hearing.
There being no one requesting to speak, Mayor Wheat requested a motion to continue the
public hearing to June 9, 2008.
MOTION: Mayor Pro Tem Redding made a motion to continue the public hearing to
June 9, 2008, at 7:00 p.m. Alderman Corson seconded the motion. The
motion carried by a vote of 5-0.
10. CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
THE TOWN'S GENERAL OBLIGATION BOND, SERIES 2008 IN THE AMOUNT
OF $2.5M FOR THE CONSTRUCTION AND ASSOCIATED COSTS OF THE ARTS
AND SCIENCES CENTER.
Town of Westlake Board of Aldermen Page 4 of 6
Regular Meeting
May 19, 2008
Mr. Jason L. Hughes, Vice President of First Southwest Company, addressed the Board
regarding the item. Mr. Hughes presented the Board a summary of the Bond Sale:
o $2.5 million in GO Bonds were sold via a competitive private placement
o Twenty year amortization with level debt service – May 2009 to May 2028
o First coupon – November 1, 2008
o The Town received bids from three (3) banks:
Houton Community Bank
Bank of America
TIB
o Total debt service - $3,636,865.33
o Average annual debt service - $181,843.27
o Bonds are callable at anytime
Mr. Hughes advised the Board that the funds from the sale would be available June 19,
2008.
Mr. Leroy Graunder, McCall, Parkhurst and Horton, L.L.P., was present to address
questions from the Board.
MOTION: Alderman Corson made a motion to adopt Ordinance No. 595, authorizing
the issuance and sale of $2.5M in General Obligation Bonds, Series 2008;
providing for the security for and payment of said bond; providing an
effective date; and enacting other provisions relating to the subject. Mayor
Pro Tem Redding seconded the motion. The motion carried by a vote of 5-0.
11. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
ENTER INTO AN AGREEMENT WITH AIL INVESTMENT, L.P. GRANTING
THE USE OF A 10’ UNDERGROUND WATER UTILITY EASEMENT.
Facilities and Recreation Director Meyer addressed the Board regarding the item. Mr.
Meyer advised the Board that the easement is necessary to accommodate the construction of
the Arts and Sciences Center building as well as future expansion of the campus.
MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08-30,
authorizing the Town Manager to enter into an agreement with AIL
Investments, L.P. granting the use of a 10’ underground water utility
easement. Alderwoman Rollins seconded the motion. The motion carried
by a vote of 5-0.
Town of Westlake Board of Aldermen Page 5 of 6
Regular Meeting
May 19, 2008
12. CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
ENTER INTO AN AGREEMENT WITH ATMOS ENERGY FOR THE
RELOCATION OF APPROXIMATELY 775 FEET OF GAS LINE LOCATED ON
THE CIVIC CAMPUS.
Public Works Superintendent Greenwood addressed the Board regarding the item. Mr.
Greenwood advised the Board that the relocation of the gas utility line will be preformed
under the direction of ATMOS, and is necessary to accommodate the construction of the
Arts and Sciences Center building as well as future expansion of the campus.
MOTION: Alderman Brittan made a motion to approve Resolution No. 08-31,
authorizing the Town Manager to enter into an agreement with ATMOS
Energy for the relocation of approximately 775 feet of gas line located on the
Civic Campus. Alderwoman Langdon seconded the motion. The motion
carried by a vote of 5-0.
13. CONSIDER A RESOLUTION APPROVING:
A. Acceptance of a gift to assist the funding of the construction of the new Westlake
Academy Arts & Sciences Building Project;
B. Application of the gift towards the Arts portion of the Arts & Sciences Building Project;
C. Naming a portion of the Arts & Sciences Building Project;
D. Authorization of the interim use of the Westlake Academy Foundation naming
guidelines for the Arts & Sciences Building Project;
E. Directing the Town Manager to prepare a draft policy for naming all Town facilities for
the Board’s consideration.
Town Manager Brymer introduced the item and advised the Board that a donation of
$500,000 has been received and will be applied toward the construction of the Arts portion
of the Arts and Sciences Center building located at the Westlake Civic Campus.
Mr. Brymer advised the Board that the proposed resolution calls for the naming of the Black
Box Theater as the “Sam W. Lee Theater” in honor and recognition of the late Mr. Lee, a
Westlake resident for almost 30 years.
On behalf of the Board and the Town, Mayor Wheat expressed her appreciation for the
generous donation.
Mayor Wheat recognized Mrs. Margaret Lee, Mr. Juan Prado, and Mr. John Paige, who
were in attendance.
MOTION: Alderwoman Langdon made a motion to approve Resolution No. 08-32, as
presented. Mayor Pro Tem Redding seconded the motion. The motion
carried by a vote of 5-0.
Town of Westlake Board of Aldermen Page 6 of 6
Regular Meeting
May 19, 2008
14. BOARD CALENDAR.
Mayor Wheat reviewed the council calendar:
- Planning and Zoning Commission – 5/22/08, 6 p.m.
- Historical Preservation Society meeting – 5/22/08, 5 p.m.
- Decoration Day event – 5/26/08, 6 to 8:30 p.m.
- Arts and Sciences Center groundbreaking – 6/5/08, 12 noon
- Board of Trustees meeting – 6/9/06, 6 p.m.
- Board of Aldermen meeting – 6/9/08, 7 p.m.
- Strategic Planning Retreat – 6/12 - 6/13 or 6/16 - 6/17
- Westlake Academy Foundation meeting – 6/12/08, 8:30 a.m.
- Texas Student Housing Authority meeting, 6/17/08, 5:30 p.m.
- Texas Municipal League Newly Elected Officials training
• 7/25 – 7/26/08, Austin, 7:30 a.m.
• 8/8 - 8/9/08, Austin, 7:30 a.m.
Due to a scheduling conflict, the Strategic Planning Retreat will be rescheduled to June 27
and June 28, 2008.
Mayor Wheat invited all in attendance to the dining hall for a reception to recognize all
outgoing and incoming elected and appointed officials.
15. ADJOURNMENT.
There being no futher business, Mayor Wheat asked for a motion to adjourn the meeting.
MOTION: Alderman Brittan made a motion to adjourn the meeting. Alderwoman
Langdon seconded the motion. The motion carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 7:59 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON JUNE 9, 2008.
_________________________________________
Laura Wheat, Mayor
ATTEST:
___________________________________
Kim Sutter, TRMC, Town Secretary
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Todd Wood, Director of HR & Administrative Services
Subject: Approval of ICMA Deferred Compensation Plan
Date: June 9, 2008
ITEM
Consider the addition of a 457 Deferred Compensation Plan to the Town of Westlake
employee benefit package; and to authorize the Town Manager to execute the agreement
with ICMA Retirement Corporation.
BACKGROUND
A 457 Deferred Compensation Plan is a supplemental retirement savings program that
allows the participant to make contributions before taxes are deducted. Contributions are
handled through payroll deduction, reducing taxes each pay period. This optional benefit
is offered in most municipalities and provides employees with additional retirement
choices.
Deferred compensation plans are portable; contributions may be rolled into 457 plans.
New employees may also roll over their existing 457 plans into the ICMA plan. The
Human Resources Department anticipates this will assist in attracting and retaining
quality personnel.
Approval of this deferred compensation plan will also carry out the specified terms
agreed to in the Town Manager’s employment agreement.
FUNDING
There is no cost to the Town to adopt this benefit.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS:
Resolution
Administrative Services Agreement with ICMA-RC
TOWN OF WESTLAKE
RESOLUTION NO. 08-35
APPROVING THE ADDITION OF A 457 DEFERRED COMPENSATION PLAN
TO THE EMPLOYEE BENEFIT PACKAGE, ESTABLISHING THE TOWN’S
457 PLAN PROGRAM COORDINATOR, AND AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN ADMINISTRATIVE SERVICES
AGREEMENT FOR ACCOUNT #306431 WITH ICMA RETIREMENT
CORPORATION.
WHEREAS, the Town of Westlake has employees rendering valuable services;
and
WHEREAS, the establishment of a deferred compensation plan for such
employees serves the interests of the Town by enabling it to provide reasonable
retirement security for its employees, by providing increased flexibility in its personnel
management system, and by assisting in the attraction and retention of competent
personnel; and
WHEREAS, the Town has determined that the establishment of a deferred
compensation plan to be administered by the ICMA Retirement Corporation serves the
above objectives; and
WHEREAS, the Town desires that its deferred compensation plan be
administered by the ICMA Retirement Corporation, and that some or all of the funds
held under such plan be invested in the VantageTrust Company, a trust established by
public employers for the collective investment of funds held under their retirement and
deferred compensation plans;
WHEREAS, the Town of Westlake has employees rendering valuable services;
and;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE:
SECTION 1: That the Town of Westlake Board of Aldermen does hereby
adopts the ICMA Retirement Corporation Deferred Compensation Plan and Trust,
referred to as Appendix A.
SECTION 2: That the Town of Westlake hereby executes the Declaration of Trust
of the VantageTrust Company, attached hereto as Appendix B, intending this execution to
be operative with respect to any retirement or deferred compensation plan subsequently
established by the Town, if the assets of the plan are to be invested in the VantageTrust
Company.
SECTION 3: That the assets of the Plan shall be held in trust, with the Town of
Westlake serving as trustee, for the exclusive benefit of the Plan participants and their
beneficiaries, and the assets shall not be diverted to any other purpose.
2
SECTION 4: That the Town of Westlake hereby agrees to serve as trustee
under the Plan.
SECTION 5: That the Director of HR/Administrative Services shall be the
coordinator for this program; shall receive necessary reports, notices, etc. from the
ICMA Retirement Corporation or the VantageTrust Company; shall cast, on behalf of
the Town, any required votes under the VantageTrust Company; Administrative duties
to carry out the plan may be assigned to the appropriate departments, and is authorized
to execute all necessary agreements with ICMA Retirement Corporation incidental to
the administration of the Plan.
SECTION 6: That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 9TH DAY OF JUNE 2008.
___________________________________
Laura Wheat, Mayor
ATTEST:
______________________________ __________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
___________________________
L. Stanton Lowry, Town Attorney
TOWN OF WESTLAKE
Invoices Received: 05/12/08 thru 06/01/08
For Review by Board on 06/09/08
VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION
Akin Gump 1186825460.00 1004332511 Legislative Fees
All About Recognition56889288.00 1004352011 Service recognitions for: Mayor & 3 Aldermen
Alliance Reg'l Newspapers 04302008167.98 1004540511 Planning-Zoning: Hillwood 377/170 Corners
Artisan Studio208280.00 1004352011
Engraving/etching on Waterford vase for Barbara Brizuela; marble
vase with etching for vase
AT&T LD 1 (810755838)0504200858.84 1004530511 Town - 70% Long Distance Service allocation
Banc of America Leasing010375782257.61 1004430211 100% Copier Lease DP3520 Admin
Corporate Couriers6509328.20 1004612011 Courier Service: P&Z/Development
Dallas Business Journal70576195.00 1004611511 One year subscription
Fidelity InvestmentsCR052708123,352.13 1004652411
Sales tax rebate thru quarter ended March 2008 (per economic
development agreement) 1% payable to Fidelity
Graham Associates, Inc.0804021,460.00 1004621511
Town Engineering Fees: DRC meeting for Deloitte & US 377
commercial projects
Identitec947-508-05160.00 1004619011
Name plates for: Thomas Brymer, Mark Rosevear, Laura Wheat
& Carol Langdon
Joseph LopezCR05210821.48 1004610611 Reimbursement for hospitality items: 1000 ct foam cups
Kim SutterCR05060879.52 1004610611
Reimbursement for hospitality items & flowers/bouquets for
outgoing Board members: May 19, 2008 Board Meeting
Maguire Partners #20206012008250.21 1004622011 Utilities - Town 50% allocation
Maguire Partners #202060120085,140.56 1004441011 Rent - Town 50% allocation
Maguire Partners #2070601200813.34 1004622011 Utilities - Town Secretary 3.67% (Based on sq. footage)
Maguire Partners #20706012008249.86 1004441011 Rent - Town Secretary 3.67% (Based on sq. footage)
Maguire Partners #20706012008324.57 1004622011 Utilities - Court 89.34% (Based on sq. footage)
Maguire Partners #207060120086,078.20 1004441011 Rent - Court 89.34% (Based on sq. footage)
Northwest Metroport400222.00 1004583011 Monthly Luncheon - Scott Bradley
Office Depot430324062-00110.99 1004610611 1 pk of hot cups & 1 pk of towels
Office Depot430324062-001133.59 1004610511
Large binder clips, laserjet cartridge, post-it notes & package of
note pads
Office Depot429793143-0018.00 1004610611 Hospitality items
Office Depot429793005-00164.34 1004610511 2/cases of copy paper
Office Depot429793005-00121.55 1004610611 Sugar, sweetener, coffeemate & creamer
Office Depot428562901-00186.63 1004610511 Envelopes, small binder clips & letter file pockets
Office Depot428729737-00123.55 1004610511 Legal hanging folders
Office Depot428729776-0018.00 1004610611 Hospitality items
Office Depot428993477-00120.32 1004610611 4/cases of water bottles
Office Depot428993477-001135.25 1004610511 Business card holder, copy paper & variety of color paper
Office Depot429007713-001163.78 1004610511 Rotary file & cartridge
Office Depot429236610-00142.28 1004610511 Desk lamp & steno pads
Todd WoodER0520085.05 1004582511 Mileage to Barnes & Noble and Wal-Mart
Page 1 of 66/3/2008 4:39 PM
TOWN OF WESTLAKE
Invoices Received: 05/12/08 thru 06/01/08
For Review by Board on 06/09/08
VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION
Todd WoodER05200811.64 1004610611 3/20 pack of bottled water
Todd WoodER05200823.97 1004610511 Office supplies
Valero 110516200846.56 1004621511 Pool Vehicle Fuel
Vickie BrownPR053008387.50 1004333511 Contract Labor - Administration
Total Administration139,780.50
Valero 060516200869.07 1004621512 Building Official Vehicle Fuel
Total Building69.07
Alliance Reg'l News04302008294.64 1004540513 Public Ads - Ordinances/Bids/P&Z
Municipal Code Corp.984121,582.48 1004618513
64 supplement pages, graps & updating electronic database (12
copies of supplement No 9 to the code of ordinances)
N. TX Municipal Clerks CR05290825.00 1004661513
Membership dues for local chapter of the TMCA as required for
certification
Northwest Metroport400222.00 1004583013 Monthly Luncheon - Kim Sutter
Star Telegram29704987199.71 1004540513
Cancellation notice of P&Z & Board of Aldermen meeting: May
19, 2008
Star Telegram296823761137.95 1004540513 Notice of P&Z & Board of Aldermen meeting: May 19, 2008
Total Town Secretary2,161.78
AT&T 825.147.5260515200866.30 1004531014 Mobile Phone (Ambulance & Fire Truck)
Atmos Energy 001812280 0519200833.89 1004622514 Fire Station Gas Service
Austin Hardware 82273737.18 1004621514 Door latch for M481
Big Bear Electric, Inc.07-5751,200.00 1004421214
Electrical work at Fire Station: 2 light boxes, 1 light box for motion
sensor, 1 duplex receptacle and install electrical panel
Diversified Inspections164812-DIITL98.64 1004621514 Ladder testing
Emerg. Eqpmt of N. TX80571,036.00 1004621514 Rear brake job on Engine 481
GST Public Safety2008009294767.02 1004660514 EMS Uniforms: T-shirts, patches, name tapes & various items
Home Depot902489523.79 1004615514 2/Shop towels & 5/Painting mits
Home Depot411455711.97 1004615514 1/Utility rope
Home Depot204229154.90 1004615514 Paint & brushes for hydrants
Huguley Assessment Ctr448400.00 1004312514 Assessment for: Jonathan Duncan
Kwik Kar00001-0165491414.50 1004621514 M481 state inspection
Mary A. Connell, Ed.D.714225.00 1004313514 Employment evaluation for: Jonathan Duncan
Matheson Tri-Gas66236085.14 1004661514 Medical supplies
Nortex Modular Space21371618.75 1004532514 Building Lease - Fire Station: June 2008
Office Depot429793005-00190.88 1004610514 Print cartridge & laminating business card pouches
Office Depot428562901-00172.92 1004610514 Dry erase markers, highlighters, pens, post-it notes & batteries
Page 2 of 66/3/2008 4:39 PM
TOWN OF WESTLAKE
Invoices Received: 05/12/08 thru 06/01/08
For Review by Board on 06/09/08
VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION
Rescue 1080508110.00 1004583014
Training for 2 Fire Dept employees for the American Heart Assoc
Advanced Cardiac Life Support
Richard WhittenER05280844.82 1004421314 Firefighter Supplies
Roanoke Auto Supply59638112.79 1004621514 Grounds lights
Roanoke Auto Supply5966806.92 1004621514 Wind shield wipers M481
Southeaster Emergency241636127.70 1004661514 Medical Supplies: Cricothrotomy Set
Southeastern Emergency 237235(111.37) 1004661514 Credit invoice #231011 - valve regulator
Southeastern Emergency 241906127.70 1004661514 Medical Supplies: Cricothrotomy Set
Southeastern Emergency 239951189.45 1004661514 Medical Supplies: Pads, probe covers & various supplies
Stericycle400006012914.33 1004661514 Hazardous Waste Management Fee
Valero 0105162008602.75 1004621514 EMS Vehicle Fuel - M481
Valero 0305162008747.67 1004621514 EMS Vehicle Fuel - E481
Valero 0405162008142.52 1004621514 EMS Vehicle Fuel - Tahoe
Verizon 8173374722-105042008120.69 1004530514 Fire Station Telephone
Verizon 8173374722-20504200859.95 1004531514 Fire Station Internet Line
World Point48016138.75 1004613014 CPR Cards & Books
Total Fire Dept.7,071.55
Office Depot430467733-00110.77 1004510515 Thermal paper
Office Depot430373969-00119.04 1004610615 2/cases of water bottles & 3 rolls of towels
Office Depot430373969-001329.19 1004610515 Toner cartridges & copy paper
Valero 0705162008116.64 1004621515 Marshall Vehicle Fuel
Total Court475.64
Brock Paving Industries08-00-093,845.00 1004430316 Road Repairs & Maintenance
Rodgers ConstructionW080513-01973.08 1004321416 Storm drain investigate and clean
Valero 0505162008173.57 1004621516 Public Works Vehicle Fuel @ 50%
Total Public Works4,991.65
Access Lift & Svc 05060812100.00 1004590317 Elevator Maintenance for the month of April 2008
DFW Safe & Lock5527666.50 1004421217
Keys & trip charge for Town Office at Solana to repair kepad &
handle at court
DFW Safe & Lock 55281161.75 1004421217 Keys/door repairs & trip charge
Hadden Landscaping2781487.50 1004334417 Irrigation inspection @ Dove Road & Triangle: April 2008
Hadden Landscaping277301,977.30 1004334817
Landscape maintenance for the Westlake Municipal Complex:
April 2008
Hadden Landscaping2814287.50 1004334417 Irrigation inspection @ Dove Road & Triangle: May 2008
Page 3 of 66/3/2008 4:39 PM
TOWN OF WESTLAKE
Invoices Received: 05/12/08 thru 06/01/08
For Review by Board on 06/09/08
VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION
Hadden Landscaping28207145.00 1004334417 Mow & weedeat: Vaquero Median & Ottinger Road: May 2008
Hadden Landscaping28209500.00 1004334817 Tractor mow & weedeat behind Academy
Hadden Landscaping280631,977.30 1004334817
Landscape maintenance for the Westlake Municipal Complex:
May 2008
Hadden Landscaping2818155.00 1004334817 Install flowers
Hadden Landscaping27913145.00 1004334417 Mow, edge, weedeat: Vaquero Median - April 2008
Hadden Landscaping28231346.05 1004334017 Academy: irrigation repairs
Home Depot002480236.85 1004430617 Build stage for May 26, 2008 event
Humphrey & Associates66135216.37 1004421817 Lamp and Bulb Supplies/Materials
Leslie's Pool 1067475386.49 1004422517 Install drain for filter at the Academy
Logical Solutions 1009892,975.00 1004421917 Replacement module for hot water system
Longhorn, inc.S1678669.0015.93 1004334017 Repairs for irrigation system
M.P.S. Inc.036321,289.44 1004334017
Installed foot valve, calibrated and checked operation on pump
from pond to irrigation system
Maguire Partners06084110.00 1004421217 Two keys for Key #509 in Suite #202
Nextel392123723-043141.60 1004531017 Mobile Phone charges for Troy Meyer
Office Depot428993477-00198.60 1004610517 Laser pointer pen, hole puncher, rotary file, pads & markers
Old Faithful Fountains5745834.47 1004421317 Pump for irrigation system
Panda Embroidery53874160.00 1004660517 Embroidery for Uniforms
TD IndustriesNTS1034683490.53 1004591117 A/C Unit needed to be re-charged with R-22
TD IndustriesNTS1037547(278.00) 1004334017 Credit Invoice #NTS1019879: Leak repair on 2 inch irrigation line
TD IndustriesNTS1026152904.85 1004591017 Boiler check
TD IndustriesNTS10280011,195.61 1004591017 Repair to boiler
Troy MeyerER05120842.93 1004621517
Mileage: Pickup maps of cemetery from Mr. Fanning's home,
meeting at Academy, met with contract about water leak, met
survey crew at cemetery & groundbreaking meeting off site
Valero 100516200874.61 1004621517 Facilities Vehicle Fuel @ 50%
Total Facilities/Grounds14,234.18
Lawrence Financial 032620081,500.00 1004324518
Fee for services rendered in connection with the Annual
Continuing Disclosure Report
Xact13411227.50 1004612518 Printing of Business Cards for Todd Wood, SPHR, IPMA-CP
Total Finance1,527.50
Arbor Day Foundation0528200810.00 1004591119 Tree City USA contribution for shrub to be used on campus
Hadden Landscaping27881448.03 1004430619
Mow & weedeat Westlake Cemetery & Mow vacant house: April
2008
Hadden Landscaping2814322.36 1004334919
Landscape maintenance for Westlake Triangle/Dove Road: May
2008 (50% to HOA)
Hadden Landscaping2781522.36 1004334919
Landscape maintenance for Westlake Triangle/Dove Road: April
2008 (50% to HOA)
Page 4 of 66/3/2008 4:39 PM
TOWN OF WESTLAKE
Invoices Received: 05/12/08 thru 06/01/08
For Review by Board on 06/09/08
VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION
Hadden Landscaping277291,220.83 1004334919
Landscape maintenance for the Westlake Glenwyck Trail Area:
April 2008 (50% to HOA)
Hadden Landscaping280621,220.83 1004334919
Landscape maintenance for the Westlake Glenwyck Trail Area:
May 2008 (50% to HOA)
Hadden Landscaping28210438.28 1004430619
Mow & weedeat Westlake Cemetery & Mow vacant house: May
2008
Texas AquaServe, LP04302008474.92 1004591119
Lake maintenance services to the four ponds located near
Glenwyck for the month of April 2008 (50% to HOA)
Troy MeyerER05120830.54 1004621519 New gas gauge & gas for mule
Valero 100516200874.61 1004621519 Park & Recs Vehicle Fuel @ 50%
Total Parks/Recreation3,962.76
CDWKJT490056.00 1004340520
Computer Equipment & Software: MS Office Pro Plus 2007 & MS
Office Std 2007
Todd WoodER052008286.20 1004340520
Computer power supply, migration software & books for leadership
team
Total IT Dept.342.20
Atmos Energy 181205005192008347.72 199130200 Academy Gas Service - 100%
Marriott International337H1036401,108.29 199130200
Hotel & restaurant charges for: Mark Rosevear (04/20/08 thru
04/25/08)
Tri-County Elec.150-505-1 052120088,122.10 199130200 Academy Electric
Total Academy Fund9,578.11
AT&T LD 2 (810755838)0504200812.61 2204530511 Visitor Fund - 15% Long Distance Service allocation
Maguire Partners #20206012008125.10 2204622011 Utilities - Visitor Fund 25% allocation
Maguire Partners #202060120082,570.28 2204441011 Rent - Visitor Fund 25% allocation
Due from Visitor Fund2,707.99
RamakerC1802-6450.00 255434050
Cemetery: one year system support/maintenance (09/13/08 thru
09/12/09)
Due from Cemetery Fund 450.00
Pate Engineers01035647,078.23 4101660013 Arts & Science Building - Engineering and Surveying Services
Pate Engineers01029936,518.00 4101660013 Arts & Science Building - Engineering and Surveying Services
Due from Capital Projects 13,596.23
1-A Fire Testing6914100.00 5004412316
Domestic back flow prevention inspection: 1900 S Hwy 377 -
Pump Station
AA Wrecker Service15319375.00 5004621516 2002 White Ford F-150: Pull out of pond
American Leak 11114265.00 5004411216 Commercial leak detection
AT&T LD 3 (810755838)0504200812.61 5004530516 Utility Fund - 15% Long Distance Service allocation
Atlas Utility Supply1564191,672.00 5004411216 4/1" meters & 10/1" electronic registers
Page 5 of 66/3/2008 4:39 PM
TOWN OF WESTLAKE
Invoices Received: 05/12/08 thru 06/01/08
For Review by Board on 06/09/08
VENDOR NAMEINVOICEAMOUNTFUNDACCTDEPT DESCRIPTION
Atlas Utility Supply156479171.13 5004411216 2/meter adapters
Data Prose49327222.98 5004413516 Utility Billing Processing for April 2008
Fort Worth Water Dept0521200823,295.35 5004410516 Water Volume Purchases
Fort Worth Water Dept0521200817,612.18 5004411016 Water Peak Payment
Fort Worth Water Dept0521200850.00 5004410616 Water Service Charge
Graham Associates, Inc.0804024,575.00 5004322016
Engineering Fees - Utility Fund: Preparation of application to
amend CCN (Certificate of Convenience & Necessity), mapping &
documents associated with application to remove Johny
Automotive tract from Town CCN.
Home Depot302486268.76 5004413016 PVC, adapters & various items
Home Depot302486224.97 5004422616 1/Shovel
International Diving Svcs7551,500.00 5004411916 In-service cleaning of 685 TG Ground Tank
Keller (City of)05272008A39.89 5004431216 Keller Waste Water - acct 094-0000102-000
Keller (City of)0527200878.81 5004431216 Keller Waste Water - acct 094-0000100-000
Maguire Partners #20206012008125.10 5004622016 Utilities - Utility Fund 25% allocation
Maguire Partners #202060120082,570.28 5004441016 Rent - Utility Fund 25% allocation
Rodgers ConstructionW080513-013,270.52 5004411216 Repair fire hydrant, investigate leaking valve & materials
Rodgers ConstructionW080513-012,363.17 5004413016
Water service relocate & adjust manhole ring and cover at 2005
Woodthrush & Parts to raise manhole
Tri-County Elec. 80060640521200815.45 5004622216 On-Line Meter Electric Service
Trinity River AuthorityBB 78813,563.00 5004411516 TRA Wastewater Treatment
Valero 0505162008173.57 5004621516 Utility Fund Vehicle Fuel @ 50%
Due from Utility71,844.77
Maguire Partners #2070601200825.37 100131000 Utilities- Texas Student Housing 6.98% (Based on sq. footage)
Maguire Partners #20706012008475.09 100131000 Rent - Texas Student Housing 6.98% (Based on sq. footage)
Due from TSH500.46
273,294.39
Page 6 of 66/3/2008 4:39 PM
2
Town of
Westlake
Item #4 – Citizens’
Presentations
Back up material has not
been provided for this item.
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Subject: Regular Meeting of June 9, 2008
Date: June 4, 2008
ITEM
Consider a Development Agreement Between the Town of Westlake, AIL Investment, L.P. (AIL) and
Hillwood Alliance Services, LLC (HAS) Pertaining to Responsibilities and Funding for Certain Roadway
Improvements/Extensions, Access, Buffers, Trail Improvements, Placement of Electric Lines
Underground, as well as Filing of a Rezoning Application for the Remainder of the PD 3-3 Zoning
District
BACKGROUND
This agreement, if approved, would establish between the Town, AIL, and HAS, the conditions,
responsibilities, and funding for future Dove/JT Ottinger Road improvements, construction of a westerly
road extending west from JT Ottinger Road to Highway 170, trail improvements along Dove Road,
placement of electric lines underground, access to certain portions of Dove Road, and filing of rezoning
application for the remainder of PD 3-3.
During the discussion of the proposed Deloitte University project, a number of off-site access, infra-
structure, and land use issues arose that can best be dealt with via a development agreement between the
developer and the Town. This proposed development agreement is intended to deal with those issues.
FUNDING
If this development agreement is approved, the Town would be committing to improvements to Dove/JT
Ottinger Roads. Under this agreement, the Town may choose to fund its portion of these improvements
by using all or a portion of the monies that AIL will provide for AIL’s portion of these improvements.
AIL’s maximum obligation for Dove Road improvements is set in this agreement at 50% of Dove Road
improvements or $1.5 million, whichever is less.
RECOMMENDATION
Approval of the proposed development agreement. The agreement’s primary points will be reviewed in a
staff presentation at the meeting.
ATTACHMENTS
1.) Resolution adopting the development agreement
2.) Proposed development agreement
TOWN OF WESTLAKE
RESOLUTION NO. 08-36
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
WESTLAKE, AIL INVESTMENT, L.P. (AIL) AND HILLWOOD ALLIANCE
SERVICES, LLC (HAS) PERTAINING TO RESPONSIBILITIES AND FUNDING
FOR CERTAIN ROADWAY IMPROVEMENTS/EXTENSIONS, ACCESS,
BUFFERS, TRAIL IMPROVEMENTS, PLACEMENT OF ELECTRIC LINES
UNDERGROUND, AS WELL AS FILING OF A REZONING APPLICATION
FOR THE REMAINDER OF THE PD 3-3 ZONING DISTRICT
WHEREAS, the Town of Westlake wishes to experience planned growth and
attract projects such as the Deloitte University Project, which is consistent with the
Town’s comprehensive plan, and
WHEREAS, the Town of Westlake and the parties to the Deloitte University
Project recognize that there are off-site development issues that must be addressed
holistically to properly integrate the Deloitte University Project into the Town’s desired
land use patterns and quality of life, with a development agreement being the best method
to address those off-site issues, and
WHEREAS, the attached development agreement (Exhibit A) between the Town
of Westlake, AIL Investment, L.P. (AIL) and Hillwood Alliance Services, LLC (HAS)
sets out the responsibilities and funding for certain roadway improvements/extensions,
access, buffers, trail improvements, placement of electric lines underground, as well as
the filing of a rezoning application for the remainder of the PD 3-3 Zoning District;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the attached development agreement (Exhibit A) between
the Town of Westlake, AIL Investment, L.P. (AIL) and Hillwood Alliance
Services, LLC (HAS) sets out the responsibilities and funding for certain roadway
improvements/extensions, access, buffers, trail improvements, placement of electric lines
underground, as well as the filing of a rezoning application for the remainder of the PD 3-
3 Zoning District
SECTION 2: That approval of this agreement by the Board of Aldermen
constitutes the terms and conditions by which the improvements and other actions
described in this agreement (Exhibit A) will be conducted and carried out by the parties
to this agreement .
PASSED AND APPROVED ON THIS 9TH DAY OF JUNE 2008.
ATTEST: _____________________________
Laura Wheat, Mayor
____________________________ ______________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of June 9, 2008
Date: June 2, 2008
ITEM
Continue a Public Hearing and consider an ordinance approving an application for an
amendment to the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, by
removing approximately 107 acres from Planned Development 3-Planning Area 3 (PD 3-3)
and rezoning that acreage to be called Planned Development 3-Planned Area 12 (PD 3-12).
BACKGROUND
For review, the applicant desires to rezone approximately 107 acres generally located North
of Dove Road and East of Ottinger. This property is currently zoned within PD 3-3, which
means it is part of “Planning Area 3” of the “Planned Development 3” zoning district. The
subject property is surrounded by property owned by the applicant. The surrounding
property to the North and to the East is zoned PD 3-3, the property to the West is zoned R-2,
and South boundary is bordered by Dove Road with R-5 zoning across the road. By
amending the boundaries of PD 3-3, the planning area is reduced to approximately 257 acres.
However, the entitlements including the allowable number of houses, square feet of resort
hotel and the square feet of office use are not changed. Thus allowing the exact same
potential square footage of structures previously approved for approximately 365 acres, to be
constructed on the remaining approximate 257 acres. The newly created planning area PD 3-
12 (Planning Area 12 of Planned Development 3) has been specifically tailored to
accommodate the proposed conference and education center, possible data center and their
associated uses. The height increase requested is similar to that recently approved for the
PD-1 (Maguire-Solana) planning district. The residential slope requirements are being
changed from 5:1 to 4:1.
At the regularly scheduled meeting of April 24, 2008, the P&Z Commission voted
unanimously for a continuation of the Public Hearing until May 8, 2008 at 7:00 pm.
Although the meeting continuation was requested by the applicant in order to allow more
time for the completion of a traffic impact analysis, the Commission expressed several
concerns as well and asked for additional information. The areas of concern were:
• additional information concerning the impact to density for the remaining 257
acres within PD 3-3
• current use plans and design for the remaining PD 3-3 area along with types and
percentages of open space
• information in the traffic impact analysis for JT Ottinger Road and Dove Road
and what that means for the school, bridges, increased traffic areas, etc.
The Board of Aldermen met on Monday, April 28, 2008 for their regularly scheduled
meeting and also voted unanimously to continue the Public Hearing until May 19, 2008
at 7:00 pm. Additionally, the Board expressed the same concerns noted above by the
Commission.
The Planning and Zoning Commission met at 7:00 pm on Thursday, May 8th to continue
the Public Hearing for this case and voted unanimously for another continuation to be
held Thursday, May 22, 2008 at 7:00 pm. The applicant asked for the additional
continuance in order to obtain more information and conduct additional investigations
relating to several site access options. The Board of Aldermen then met at their regularly
scheduled meeting of Monday, May 19th, 2008 and voted unanimously to again continue
the Public Hearing to Monday, June 9th, 2008.
PLANNING AND ZONING COMMISSION RECOMMENDATION
After a joint workshop with the Board of Aldermen to discuss the zoning amendment
case, the Planning and Zoning Commission held a Special Called Meeting on Thursday,
May 29, 2008, to consider this case and voted unanimously to recommend that the Board
of Aldermen approve the request with the stipulations as stated in the staff report.
STAFF RECOMMENDATION
Approval per the attached staff report.
ACTION REQUESTED
Approve the proposed zoning change request via Ordinance and with staff and P&Z
Commission recommendations. (See attached Ordinance.)
ATACHMENTS
• Staff report with stipulations
• Proposed ordinance
• PD Concept Plan
• Traffic Impact analysis’
• Letters from applicant and client reps
_________, 2008 PA 3-3 B Conference/Educational Center Page 1
ORDINANCE
TOWN OF WESTLAKE
ORDINANCE NO. 591
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 107
ACRES FROM THE PD 3-3 PLANNING AREA AND REZONING THAT ACERAGE
TO BE CALLED PD 3-12. AUTHORIZING, AMONG OTHER THINGS A
CONFERENCE AND EDUCATIONAL CENTER, DATA CENTER, OFFICE AND
RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING
THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES
AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER
DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND DRAINAGE;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP;
PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on August 24, 1992, the Board of Aldermen (sometimes referred to as the
“Board”) of the Town of Westlake, Texas (the “Town”), adopted a Comprehensive Plan (the
“1992 Comprehensive Plan”) for the Town; and
WHEREAS, on November 16, 1992, the Board, adopted a Comprehensive Zoning
Ordinance (the “Zoning Ordinance”); and
WHEREAS, the Zoning Ordinance has been amended by the Board after receiving
recommendations from the Planning and Zoning Commission (the “Commission”); and
WHEREAS, on September 15, 1997, based on the recommendations of the Commission,
the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a
Unified Development Code (the “UDC”) for the Town; and
WHEREAS, the UDC has been amended, with the most recent amendments being
adopted on August 23, 2003; and
WHEREAS, there is located within the corporate limits of the Town an approximately
365 acre tract of land (commonly known as Planning Area 3 -3 Resort and hereinafter sometimes
referred to as the “Planning Area”); and
WHEREAS, the Board of Aldermen agrees that the boundaries for PD 3-3 must be
amended and certain uses clarified in order to accommodate the aforementioned Conference and
Educational Center and Data Center; and
WHEREAS, the Board 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
_________, 2008 PA 3-3 B Conference/Educational Center Page 2
ORDINANCE
adopting this Ordinance, which the Board has determined to be consistent with the
Comprehensive Plan, the Thoroughfare Plan, Open Space Plan, and Master Water and Sewer
Plan all as amended;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
PART I
That the recitals set forth above are hereby incorporated herein, adopted by the Town and
declared to be true and correct.
PART II
That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, as codified
in the Code of Ordinances and the Planned Development Supplement, is hereby amended by this
PD Ordinance, by amending the property described in the attached Exhibit 1 attached hereto by
reference for all purposes. This PD will be subject to the concept plan, development standards,
and other regulations attached hereto.
PART III
Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned
Development on the Town’s Official Zoning Map, which entry shall include the abbreviated
designation “PD No. 3-12” and the date that this Ordinance was adopted by the Board.
PART IV
It is hereby declared to be the intention of the Board of the Town 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 Board of the Town without the incorporation in
this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
_________, 2008 PA 3-3 B Conference/Educational Center Page 3
ORDINANCE
PART V
This Ordinance shall become effective upon its passage.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, ON THIS 9th DAY OF JUNE 2008.
Laura Wheat, Mayor
ATTEST:
Kim Sutter, TRMC, Town Secretary
_______________________________
Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Table of Contents
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CIRCLE T PLANNING AREA 3-3 B 12
CONFERENCE AND EDUCATIONAL CENTER
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 PD SUPPLEMENT ..................................................................................................2
SECTION 5 APPLICABILITY OF EXISTING REGULATIONS .............................................2
Section 5.1 Applicable Town Ordinances ......................................................................2
Section 5.2 General Approval Criteria ............................................................................2
SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. ....................3
Section 6.1 PD Concept Plan ..........................................................................................3
Section 6.2 PD Development Plans ................................................................................3
Section 6.3 PD Site Plans................................................................................................3
ARTICLE II. USES ......................................................................................................................4
SECTION 1 LAND USE SCHEDULE ........................................................................................4
SECTION 2 ACCESSORY USES AND STRUCTURES ...........................................................8
ARTICLE III. DEVELOPMENT STANDARDS ......................................................................9
SECTION 1 DENSITY ................................................................................................................9
Section 1.1 Conference and Educational Center and Data Center ..................................9
SECTION 2 MINIMUM LOT SIZE ............................................................................................9
Section 2.1 Conference and Educational Center and Data Center ..................................9
SECTION 3 MINIMUM LOT WIDTH .......................................................................................9
Section 3.1 Office ...........................................................................................................9
SECTION 4 MAXIMUM BUILDING HEIGHT .........................................................................9
Section 4.1 Conference and Educational Center and Data Center ..................................9
Section 4.2 Exceptions to Height Requirements .............................................................9
SECTION 5 MINIMUM BUILDING SIZE .................................................................................9
Section 5.1 Conference and Educational Center and Data Center ..................................9
Table of Contents
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SECTION 6 FRONT YARD SETBACKS ...................................................................................9
Section 6.1 Conference and Educational Center and Data Center ..................................9
Section 6.2 General .......................................................................................................10
SECTION 7 REAR YARD SETBACKS ...................................................................................10
Section 7.1 Conference and Educational Center and Data Center ................................10
Section 7.2 General .......................................................................................................10
SECTION 8 SIDE YARD SETBACKS .....................................................................................11
Section 8.1 Conference and Educational Center and Data Center ................................11
Section 8.2 General .......................................................................................................11
SECTION 9 SLOPE REQUIREMENTS ...................................................................................11
Section 9.1 Residential Slope .......................................................................................11
Section 9.2 Roadway Slope ..........................................................................................11
SECTION 10 MISCELLANEOUS DEVELOPMENT REQUIREMENTS ................................11
Section 10.1 Hiking and/or Biking Trails .......................................................................12
Section 10.2 Landscape Irrigation ..................................................................................12
Section 10.3 Fencing .......................................................................................................12
Section 10.4 Lighting ......................................................................................................12
Section 10.5 Tree Requirement.......................................................................................12
ARTICLE IV. EXHIBITS..........................................................................................................13
EXHIBIT 1 Legal Description of Planning Area 3-12
Article I. General Provisions
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ARTICLE I. GENERAL PROVISIONS
SECTION 1 SHORT TITLE
This ordinance shall be known and may be cited as the “Circle T Planning Area No. 3-12
Conference and Educational Center Ordinance”, or simply as the “PD Ordinance”.
SECTION 2 PURPOSES
This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for
increased recreation and/or open space opportunities; to provide amenities or features that would
be of special benefit to the property users or community; to protect or preserve natural amenities
and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and
viewscapes; to protect or preserve any existing historical buildings, structures, features or places;
and to provide an appropriate balance between the intensity of development and the ability to
provide adequate supporting public facilities and services.
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 Board and that are applicable to development within the PD District 3-
12.
Board means the Board of Aldermen of the Town of Westlake, Texas.
Commission means the Planning and Zoning Commission of the Town of Westlake, Texas.
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.
Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit,
or other masonry materials approved by the Board.
PD District means the planned development zoning district established by this PD Ordinance.
Article I. General Provisions
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PD Concept Plan means A plan for development which enables the town to evaluate major
impacts of a proposed zoning district or planned development district.
PD Ordinance means this planned development zoning district ordinance, including any
approved PD Concept Plan.
PD Supplement means that certain Circle T Planned Development Zoning District as codified in
the Planned Development Supplement.
Town means the Town of Westlake, Texas.
UDC means the Town’s Unified Development Code, as amended.
SECTION 4 PD SUPPLEMENT
The Board adopted the PD Supplement. The PD Supplement includes additional standards that
are applicable within this PD District. The PD Supplement establishes additional standards for
the following: (i) concept, informational, development and site plans; (ii) signs; (iii) landscaping;
(iv) roadway construction, parking and loading; (v) fencing; (vi) lighting; (vii) other special
standards; and (viii) illustrations. To the extent that there is any conflict between a provision in
the PD Supplement and this PD Ordinance, the terms of this PD Ordinance shall control.
SECTION 5 APPLICABILITY OF EXISTING REGULATIONS
Section 5.1 Applicable Town Ordinances Except to the extent provided by the PD Concept
Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be
governed by the following UDC standards:
O – H Office Park - Hotel
Except to the extent provided by the PD Concept Plan, this PD Ordinance, and the PD
Supplement, development within the PD District shall also be governed by the Applicable Town
Ordinances. In the event of any conflict between (i) the PD Concept Plan, this PD Ordinance
and the PD Supplement and (ii) the Applicable Town Ordinances, the terms, provisions and
intent of the PD Concept Plan, this PD Ordinance and the PD Supplement 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 5.2 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 Board, the
Commission, the Town Manager 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 (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
Article I. General Provisions
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approved is consistent with the PD Concept Plan, this PD Ordinance, the PD Supplement and the
objectives, goals, and policies of such plan, ordinance and supplement.
SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS.
Section 6.1 PD Concept Plan. A PD Concept Plan for this PD District shall be approved
prior to the approval of any development plans and site plans required by this PD Ordinance.
The PD concept plan shall comply with the Comprehensive Land Use Plan, the Open Space and
Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plan of the Town and the
Master Drainage Plan of the town and the UDC
Section 6.2 PD Development Plans Article I, Section 1-3, (3) of the Planned Development
supplement states that PD development plans shall not be required for development within any of
the PD districts.
Section 6.3 PD Site Plans PD site plans are required for development within the PD District.
Article I, Section 1-3, (4) of the PD Supplement governs the process by which PD site plans are
submitted and approved (including, but not limited to, the submittal requirements, approval
criteria, and conditions).
Article II. Uses
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ARTICLE II. USES
SECTION 1 LAND USE SCHEDULE
Buildings, structures, and land within the sub-areas identified on the PD Concept Plan 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 use is not allowed as a
principal use.
CIRCLE T PLANNING AREA 3-3-B CONFERENCE AND EDUCATIONAL CENTER
AND DATA CENTER
LAND USE SCHEDULE
PERMITTED
USES
Permitted “X”
Special Use “S”
Accessory “A”
AGRICULTURAL USES
Orchard X
Plant Nursery (Growing) X
Plant Nursery (Retail Sales) X
Farms General (Crops) X
Farms General (Livestock, Ranch) X
Veterinarian (Indoor Kennels)
Veterinarian (Outdoor Kennels)
Stables (Private Use) S
Stables (As a Business)
RESIDENTIAL USES
Single Family Detached
Single Family Zero Lot Line
Single Family Attached
Duplex
Home Occupation
Servants/Caretakers Quarters
Accommodation for
Employees/Customers/Visitors
A
Swimming Pool (Private) A
Detached Garage (Private) A
Sport/Tennis Courts (Private) A
Article II. Uses
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PERMITTED
USES
Permitted “X”
Special Use “S”
Accessory “A”
INSTITUTIONAL and
GOVERNMENTAL USES
Emergency Ambulance Service X
Post Office (Governmental) X
Mailing Service (Private) X
Heliport
Helistop/Verti-stop S
Telephone, Electric, Cable, and Fiber
Optic Switching Station
X
Electrical Substation S
Utility Distribution Lines2 X
Utility Shop and Storage A
Water and Sewage Pumping Station
(below grade)
X
Water and Sewage Pumping Station
(above grade)
S
Water Storage Tank and Pumping
System (Elevated or Above Grade)
S
Water, Sewer, Electric, and Gas Meters X
Electric Transformers X
Private Streets/Alleys/Drives X
Retirement Home
Nursing/Convalescent Home
Hospice
Hospital
Psychiatric Hospital
Clinic A
Child Daycare (Public; 7 or more)
Child Daycare (Private; 7 or more) A5
School, K-12 (Public or Private)
School (Vocational)
College or University X
Community Center (Public)
Civic Club X
Church or Place of Worship X
Use Associated to a Religious Inst. X
Government Building X
Police Station X
Fire Station X
Library X
Data Center X
COMMERCIAL USES
Multifamily (Apartments)
Article II. Uses
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PERMITTED
USES
Permitted “X”
Special Use “S”
Accessory “A”
Offices (General) X
Studio X
Banks and Financial Institutions X
Information Processing X
Hotel/Motel X
Hotel/Motel with Conferencing Facility X
Laundry/Dry Cleaning (<3,000 S.F.) A
Laundry/Dry Cleaning (Drop/Pick) A
Shoe Repair A
Beauty Parlor/Barbershop A
Clothing Store A
Quick Copy/Duplicating Services A
Personal Services A
Liquor Store
Micro-brewery and Wine Production and
Sales (<30,000 S.F.)
S
Grocery
Convenience Store A
Service Station
Drug Store A
Variety Store A
Bakery Sales A
Stationery and/or Book Store A
Antique Shop
Art Gallery/Museums A
Hardware Store
Sporting Goods A
Paint and Wallpaper
Cloth Store
Retail Stores - General
(Excluding Second Hand Goods)
A
Restaurant, Cafe or Dining Facility X
Restaurant, Cafe or Dining Facility with
alcohol sales
S
Auto/Truck Parts and Accessories
Household Furniture/Appliances
(including Sales and Service)
Farmer’s Market
Feed Store
Parking Structure X
Cafeteria (Private) A
Job Printing, Lithography, Printing, or
Blueprinting
A
Vehicle Display and Sales (inside)
Article II. Uses
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PERMITTED
USES
Permitted “X”
Special Use “S”
Accessory “A”
Medical Laboratory
R&D Laboratory A6
Conference Center X
Live Theater A
Motion Picture Theater A
Custom Business Services X
Electronic Appliances Store and
Computer Sales and Service
Tavern, Bar or Lounge S
Dance Halls/Nightclubs S
AMUSEMENT/RECREATION
Golf Course (Public or Private) X
Park or Playground (Public or Private) X
Satellite Dish X
Non-Commercial Radio Tower
Race Track Operation
Recreation Facility, Health Studio
(Public)
X
Country Club (Private Membership) X
Golf Clubhouse (Public or Private) X
Community Center (Private) X
Recreation Center (Private) X
Hike, Bike, and Equestrian Trails (Public
or Private)
X
Golf Maintenance Facility A
Golf Pro Shop A
Health/Spa Facilities (Private) A
Athletic Fields (Private) A
Athletic Courts (Private) A
Equestrian Center A
Athletic Courts (Public) A
Commercial Amusement (Inside) A
Lake Cruise/Water Taxi
AUTO SERVICES
Truck/Trailer Rental
Auto Body Repair
Auto Mechanical Repair A
Quick Lube/Oil Change
Vehicle Maintenance (Private) A
Vehicle Fueling (Private) A
Article II. Uses
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PERMITTED
USES
Permitted “X”
Special Use “S”
Accessory “A”
WHOLESALE TRADE
Warehouse/Storage (Inside)
Warehouse/Storage (Outside)
Scrap/Waste Recycling Collection and/or
Storage
Gas/Chemical Bulk Storage
Light Manufacturing/Assembly
Apparel Manufacturing
Packaging and/or Distribution
Printing, Engraving and related
Reproductive Services
Distribution of Books/Other Printed
Material
Machine Shop
Welding Shop
Temporary Batching Plant S
Temporary Construction Office X3
Temporary Construction Materials
Storage
X3
Temporary Sales Office X4
NOTES:
1. Individual retail occupants (except grocery store and drug store) cannot exceed 25,000 square feet.
2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility
distribution lines.
3. Limited to period of construction.
4. Limited to “build-out” period.
5. “Private” shall be deemed to include a daycare that is made available to any employee on the property.
6. Limited to white collar research and development (i.e., non-industrial, non-chemical, and non-water
processing).
SECTION 2 ACCESSORY USES AND STRUCTURES
An accessory use or structure which is customarily incidental to the principal use or structure,
and which 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
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ARTICLE III. DEVELOPMENT STANDARDS
SECTION 1 DENSITY
Section 1.1 Conference and Educational Center and Data Center: The maximum
aggregate floor area for the Conference and Educational Center and Data Center shall be
1,250,000 square feet and limited to a total of 1,200 Guest rooms (Guest rooms defined as rooms
used for overnight accommodations).
SECTION 2 MINIMUM LOT SIZE
Section 2.1 Conference and Educational Center and Data Center The minimum lot size
for the Conference and Educational Center and Data Center use area shall be 200,000 square
feet.
SECTION 3 MINIMUM LOT WIDTH
Section 3.1 Office The minimum lot width for the office use area shall be 200 feet.
SECTION 4 MAXIMUM BUILDING HEIGHT
Section 4.1 Conference and Educational Center and Data Center Except as provided
below, the maximum height for all structures within the Conference and Educational Center and
Data Center use area shall be no higher that an elevation of 735.00 feet above mean sea level.
Section 4.2 Exceptions to Height Requirements The height limits imposed above shall not
apply to (a) chimneys and vent stacks, church spires, cupolas, entry features, skylights, or other
architectural features that are not intended for occupancy or storage; (b) flag poles and similar
devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment,
fixtures and devices provided such equipment, fixtures, and devices are screened from view with
a solid wall that is architecturally consistent with the design of the building to which they are
attached.
SECTION 5 MINIMUM BUILDING SIZE
Section 5.1 Conference and Educational Center and Data Center The minimum building
size for Conference and Educational Center and Data Center use shall be 3,000 square feet.
SECTION 6 FRONT YARD SETBACKS
Section 6.1 Conference and Educational Center and Data Center The minimum front
yard for the Conference and Educational Center and Data Center use area shall be 100 feet.
Article III. Development Standards
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Section 6.2 General
A. Required front yards must be open and unobstructed except for fences and signs
allowed by this PD Ordinance; provided, however, ordinary projections of window sills,
belt courses, cornices, and other architectural features may not project more than 12
inches into the required front yard. A fireplace chimney may project up to two feet into
the required front yard if its area of projection does not exceed 12 square feet.
Cantilevered roof eaves and balconies may project up to five feet into the required front
yard.
B. The front yard setback is measured from the front lot line or from the required
right-of-way, whichever creates the greater setback.
C. If a lot runs from one street to another and has double frontage, a required front
yard must be provided on both streets. If access is prohibited on one frontage by plat, the
following structures or portions of structures in the yard along such frontage are governed
by the rear yard regulations: swimming pools; game courts; fences; garages; and other
accessory buildings.
D. If a corner lot has two street frontages of equal distance, one frontage is governed
by the front yard regulations and the other frontage by the side yard regulations. If the
corner lot has two street frontages of unequal distance, the shorter frontage is governed
by the front yard regulations and the longer by the side yard regulations.
SECTION 7 REAR YARD SETBACKS
Section 7.1 Conference and Educational Center and Data Center The minimum rear yard
for the Conference and Educational Center and Data Center use area shall be 100 feet.
Section 7.2 General
A. Required rear yards must be open and unobstructed except for fences and signs
allowed by this PD Ordinance; provided, however, ordinary projections of window sills,
belt courses, cornices, and other architectural features may not project more than 12
inches into the required rear yard. A fireplace chimney may project up to two feet into
the required rear yard if its area of projection does not exceed 12 square feet. Roof eaves
may project up to three feet into the required rear yard. Balconies may not project into
the required rear yard.
B. The rear yard setback is measured from the rear lot line.
Article III. Development Standards
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SECTION 8 SIDE YARD SETBACKS
Section 8.1 Conference and Educational Center and Data Center The minimum side
yard for the Conference and Educational Center and Data Center use area shall be 75 feet.
Section 8.2 General
A. Required side yards must be open and unobstructed except for fences and signs
allowed by this PD Ordinance; provided, however, ordinary projections of window sills,
belt courses, cornices, and other architectural features may not project more than 12
inches into the required side yard. A fireplace chimney may project up to two feet into
the required side yard if its area of projection does not exceed 12 square feet.
Cantilevered roof eaves may project up to three feet into the required side yard.
Balconies may not project into the required side yard.
B. The side yard setback is measured from the side lot line, except when a front yard
is treated as a side yard, in which case, the setback is measured from the lot line or the
required right-of-way, whichever creates the greater setback.
C. Air conditioning units may be located in the required side yard, but not nearer
than one foot to the property line.
SECTION 9 SLOPE REQUIREMENTS
Section 9.1 Residential Slope Except as provided below, non single family structures shall
not exceed the height of a line drawn at a slope of 4:1 (including streets and other rights of way)
from any single family lot line. If the grade of the ground rises or falls from the point of origin
of the slope line, the maximum permitted height shall increase or decrease by the difference in
grade.
Section 9.2 Roadway Slope Non single family structures shall not exceed the height of a line
drawn at a slope of 2:1 (including streets and other rights of way) from the right-of-way line of
any roadway. If the grade of the ground rises or falls from the point of origin of the slope line,
the maximum permitted height shall increase or decrease by the difference in grade.
SECTION 10 MISCELLANEOUS DEVELOPMENT REQUIREMENTS
Section 10.1 Hiking and/or Biking Trails. If required by the Town, public hiking and biking
trail(s) shall be located along and generally parallel to public rights-of-way and designed such
that the trail(s) do not penetrate greater than 100 feet onto the subject property in any direction.
The design of the trail pathway shall meander in keeping with the nature of the area and
proposed development.
Section 10.2 Landscape Irrigation. Upon the submission and approval by Town staff of a
landscape design utilizing low water or Xeriscaping plantings, the inclusion of an automated
Article III. Development Standards
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ORDINANCE
landscape irrigation system may be waived for part or all of the subject property. A temporary
irrigation system my be utilized at the owner’s discretion to allow for the establishment of
plantings, but such a system may be temporarily or permanently disengaged, at such owner’s
sole discretion.
Section 10.3 Fencing. Fencing around any data center use may exceed seven feet in height if
such height is reasonably required for the security of such data center; provided, that any fencing
that exceeds seven feet in height be screened from adjacent rights of way or properties by
topography, structures or plantings.
Section 10.4 Lighting.
A. Luminaries used for building security or to illuminate building facades, entrances,
parking areas and loading and service areas may be installed (i) on the building façade
but not above the building roof line; and (ii) anywhere on the lot with a maximum height
of 25 feet, but not higher than the building roof line.
B. Luminaries used to illuminate pedestrian areas shall have a maximum height of 12
feet, and no pedestrian walkways are allowed to run parallel to a line of upright fixtures
(excluding bollards 12 feet or less in height) and a building. Walkways connecting
pedestrian areas and adjacent buildings shall be allowed to be located in this area, so
long as the primary intent is to connect the pedestrian walkway and the building.
Section 10.5 Tree Requirement. No more than 25 large trees (including existing trees) per
acre of the site’s permeable green space shall be required. The foregoing sentence shall not
apply to portions of the site dedicated to open pasture, and any additional trees required shall be
concentrated in appropriate areas to provide buffering from adjacent sites and public rights of
way.
Article IV. Exhibits
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ARTICLE IV. EXHIBITS
EXHIBIT 1 Legal Description of PD District
EXHIBIT 2 Concept Plan
EXHIBIT 3 Staff Report
Town of Westlake
Memo
To: Honorable Mayor and Board of Aldermen.
From: Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of June 9, 2008.
Case #’s: SP-08-01, PP-08-01, and FP-08-01.
Date: May 29, 2008
ITEM
Conduct a Public Hearing and consider a Resolution(s) approving an application for a PD
Site Plan, Preliminary Plat (lots 1-6), and a Final Plat (lots 1-2) for the property zoned PD
3-10 containing approximately 10.22 acres generally located South of HWY 170 and East
of HWY 377.
BACKGROUND
The applicant desires to develop a retail/office center and recently rezoned the subject
property to allow the proposed uses. The applicant now desires to preliminary plat the
entire parcel and final plat the two lots on the North end of the parcel which will be
considered “phase one” of a multi-phase development and build out program. A PD Site
Plan approval is also required prior to any development within a PD district and before
the issuance of a building permit. The applicant has submitted a PD Site Plan that will be
amended from time to time as the subsequent phases of the project progress.
The Site Plan shows exterior building materials that are not allowed except by approval
of the Board of Aldermen. This is not considered a variance request to the Town’s
ordinances. It is an authorized method of allowing the Board discretionary powers to
allow materials other than those which the applicant is entitled to. This authority is based
on the property being located in a planned development zoning district and the site plan
being approved only after a Public Hearing.
Both the Preliminary Plat and the Final Plat show a building setback along S.H. 170 less
than the required fifty (50) feet. The applicant feels this setback should be configured as
side yard as opposed to a second front yard. The configuration of the property and the
placement of the roadway within the right-of-way have resulted in the proposed building
being over 100 feet from the road. Staff has requested that the applicant reflect a 35 foot
setback line be platted to assure future compliance with the proposed Site Plan.
PLANNING AND ZONING COMMISSION RECOMMENDATION
At the May 22, 2008 meeting, the Planning and Zoning Commission voted unanimously
to recommend that the Board of Aldermen approve Case #’s: SP-08-01, PP-08-01, and
FP-08-01 with the following two conditions:
1. That the applicant must comply with all of the staff’s recommendations. (See
attached staff report)
2. That a note be added to the plat stating that the costs of any deceleration /
acceleration lanes will not be borne by the Town of Westlake.
3. That the owner must coordinate with the Public Art Society of Westlake regarding
signage and possible location of public art features on this site.
STAFF RECOMMENDATION
Approval with staff and P&Z Commission recommendations.
ACTION REQUESTED:
The Board may, for each of these items, approve the item as submitted, approve it with
stipulations per staff and/or Planning and Zoning Commission recommendations, deny
the item, or continue the Public Hearing for the item. Consequently, three actions are
being requested:
1. Approve as submitted, approve with stipulations, deny or continue the hearing, for
the proposed PD Site Plan SP-08-01.
2. Approve as submitted, approve with stipulations, deny or continue the hearing, for
the proposed Preliminary Plat PP-08-01.
3. Approve as submitted, approve with stipulations, deny or continue the hearing for
the proposed Final Plat FP-08-01.
ATTACHMENTS
• Staff report
• Proposed Resolution for each: Site Plan, Preliminary Plat, and Final Plat
• Site Plan, Preliminary Plat, and Final Plat, Elevation,
TOWN OF WESTLAKE
RESOLUTION 08-37
A RESOLUTION BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, APPROVING A SITE PLAN DESCRIBED AS BEING 10.2
ACRES OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT NUMBER
648, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS; GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF US HIGHWAY 377 AND
STATE HIGHWAY 170 AND DESCRIBED AS PLANNED DEVELOPMENT 3-10,
LOTS 1 THROUGH 6; MORE COMMONLY KNOWN AS WESTLAKE
CORNERS SOUTH.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, does
hereby approve the site plan of Lots 1 through 6 for PD 3-10 as attached, filed by AIL
Investments, L.P. and approved by the Planning and Zoning Commission on May 22,
2008, for a 10.2 acre tract(s) of land described above and according to the attached
Exhibit “A”- Site Plan and Exhibit “B”- Staff Report.
PASSED AND APPROVED ON THIS 9th DAY OF JUNE, 2008.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
TOWN OF WESTLAKE
RESOLUTION 08-38
A RESOLUTION BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, APPROVING A PRELIMINARY PLAT DESCRIBED AS
BEING 10.2 ACRES OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT
NUMBER 648, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS;
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF US HIGHWAY
377 AND STATE HIGHWAY 170 AND DESCRIBED AS PLANNED
DEVELOPMENT 3-10, LOTS 1 THROUGH 6; MORE COMMONLY KNOWN
AS WESTLAKE CORNERS SOUTH.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, does
hereby approve the preliminary plat of Lots 1 through 6 for PD 3-10 as attached, filed by
AIL Investments, L.P. and approved by the Planning and Zoning Commission on May
22, 2008, for a 10.2 acre tract(s) of land described above and according to the attached
Exhibit “A”-Site Plan and Exhibit “B”-Staff Report.
PASSED AND APPROVED ON THIS 9th DAY OF JUNE, 2008.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
TOWN OF WESTLAKE
RESOLUTION 08-39
A RESOLUTION BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, APPROVING A FINAL PLAT DESCRIBED AS BEING
6.183 ACRES OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT
NUMBER 648, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS;
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF US HIGHWAY
377 AND STATE HIGHWAY 170 AND DESCRIBED AS PLANNED
DEVELOPMENT 3-10, LOTS 1 AND 2; MORE COMMONLY KNOWN AS
WESTLAKE CORNERS SOUTH.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the Board of Aldermen of the Town of Westlake, Texas, does
hereby approve the final plat of Lots 1 and 2 for PD 3-10 as attached, filed by AIL
Investments, L.P. and approved by the Planning and Zoning Commission on May 22,
2008, for a 6.183 acre tract of land described above and according to the Attached
Exhibit “A”- Site Plan and Exhibit “B”- Staff Report.
PASSED AND APPROVED ON THIS 9th DAY OF JUNE, 2008.
___________________________________
Laura Wheat, Mayor
ATTEST:
________________________________ ___________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
________________________________
L. Stanton Lowry, Town Attorney
Town of Westlake
Memo
To: Honorable Mayor and Members of the Board of Aldermen
From: Tom Brymer, Town Manager
Date: May 30, 2008
Subject: June 9, 2008 Meeting
ITEM
Consider a resolution appointing five Directors to the Westlake Academy Foundation
Board of Directors.
BACKGROUND
At the present time, five individuals have submitted applications to serve on the Board of
Directors for the Westlake Academy Foundation. The Foundation is recommending
consideration of the following individuals for appoitment: Leah Rennhack, Karen
Osborne, Deborah Ziegler, Kelly Cox, and Colleen Hess.
With the appointment of these individuals, only one open position is available on the
Board.
RECOMMENDATIONS
Staff recommends the Board fill these vacancies.
ATTACHMENTS
Resolution
Current Board Roster
Board Applications:
- Leah Rennhack, Karen Osborne, Deborah Zielger, Kelly Cox, and Coleen Hess
TOWN OF WESTLAKE
RESOLUTION NO. 08-40
APPOINTING INDIVIDUALS TO THE WESTLAKE ACADEMY FOUNDATION
BOARD OF DIRECTORS, AND RESOLVING RELATED MATTERS.
WHEREAS, the Board of Aldermen desires to appoint Leah Rennhack, Karen
Osborne, Deborah Ziegler, Kelly Cox, and Colleen Hess to fill the positions of Director
on the Westlake Academy Foundation Board of Directors and to ratify and confirm all
actions taken by or on behalf of the Town prior to the Adoption of this resolution
connection with making this appointment; and
WHEREAS, the meeting at which this Resolution has been considered was open
to the public as required by law, and public notice of the time, place, and subject of the
meeting has been given in accordance with Chapter 551, Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTALKE, TEXAS:
SECTION 1. The findings and declarations contained in the preamble of this
Resolution are hereby incorporated as part of this Resolution.
SECTION 2. This Board of Aldermen hereby appoints Leah Rennhack, Karen
Osborne, Deborah Ziegler, Kelly Cox, and Colleen Hess to the positions of Director on
the Westlake Academy Foundation Board of Directors and ratifies and confirms all
actions taken by or on behalf of the Town prior to the adoption of this resolution in
connection with making this appointment.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
PASSED AND PPROVED ON THIS 9th DAY OF JUNE 2008.
_________________________________
ATTEST: Laura Wheat, Mayor
____________________________ ________________________________
Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
4
BOARD CALENDAR.
- School Board Training 6/10 – 6/11, 6 p.m.
- Westlake Academy Foundation meeting – 6/12/08, 8:30 a.m.
- Texas Student Housing Authority meeting - 6/17/08, 5:30 p.m.
- Celebrate Scott Bradley - 6/21/08, 3 p.m. Marriott Solana
- Board of Aldermen Regular meeting – 6/23/08, 7 p.m.
- Board of Trustee Special Workshop – 6/23/08, time tbd
- Strategic Planning Retreat – 6/27 and 6/28, Embassy Suites, Grapevine
- Planning and Zoning Commission – 7/24/08, 6 p.m.
- Texas Municipal League Newly Elected Officials training
• 7/25 – 7/26/08, Austin, 7:30 a.m.
• 8/8 - 8/9/08, Austin, 7:30 a.m.
Town of
Westlake
Item #9 – Board
Calendars
Back up material has not
been provided for this item.
5
Town of
Westlake
Item #10 –
Adjournment
Back up material has not
been provided for this item.