HomeMy WebLinkAbout03-30-15 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion
of the Town Council Workshop but not prior to the posted start time.
Mission Statement
Westlake is a unique community blending preservation of our natural environment and
viewscapes, while serving our residents and businesses with superior municipal and academic
services that are accessible, efficient, cost-effective, and transparent.
Westlake, Texas – “One-of-a-kind community; natural oasis – providing
an exceptional level of service.”
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TOWN OF WESTLAKE, TEXAS
Vision Statement
An oasis of natural beauty that maintains our open spaces in balance with distinctive
development, trails, and quality of life amenities amidst an ever expanding urban landscape.
TOWN COUNCIL MEETING
AGENDA
March 30, 2015
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
WESTLAKE, TX 76262
COUNCIL CHAMBERS
Workshop Session: 6:30 p.m.
Regular Session: 7:30 p.m.
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Work Session
1. CALL TO ORDER
2. REVIEW OF CONSENT AGENDA ITEMS FOR THE MARCH 30 , 2015, TOWN
COUNCIL REGULAR MEETING AGENDA. (10 min)
3. REPORTS
Reports are prepared for informational purposes and will be accepted as presented. (there
will no presentations associated with the report items) There will be no separate discussion
unless a Council Member requests that report be removed and considered separately.
a. Westlake Parkway Street Naming Report.
4. DISCUSSION ITEMS
a. Discussion, with Preceding Presentation, Regarding Westlake Historical
Preservation Society Annual Report. (10 min)
b. Discussion and review amending the guaranteed maximum price (GMP) of
$8,715,254.93 to $8,996,525.84 ($281,270.10) with Steele & Freeman, Inc.,
approving all construction change orders for the Phase I Westlake Academy
Campus Expansion and amending the FY 2014-2015 budget by transferring
$54,328 from the General Fund balance to the Westlake Academy Expansion
Fund for the Phase I project. (15 min)
c. Discuss and review the draft of DirectionFinder Questions for 2015 Residential
Survey. (15 min)
d. Standing Item: Update and discussion regarding the Granada Development.
e. Standing Item: Update and discussion regarding the Entrada Development.
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1). Maguire
Partners-Solana Land, L.P., related to Centurion’s development known as Entrada
and Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting
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economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1). Carlyle
Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Legal issues concerning the
proposed Comprehensive Plan.
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. COUNCIL RECAP / STAFF DIRECTION
9. ADJOURNMENT
Regular Session
1. CALL TO ORDER
2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens
to address the Council on any matter whether or not it is posted on the agenda. The
Council cannot by law take action nor have any discussion or deliberations on any
presentation made to the Council at this time concerning an item not listed on the agenda.
The Council will receive the information, ask staff to review the matter, or an item may be
noticed on a future agenda for deliberation or action.
3. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items unless
a Council Member or citizen so requests, in which event the item will be removed from the
general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the March 2, 2015, meeting.
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b. Consider approval of Resolution 1 5-07, Authorizing the Mayor to enter into a
Joint Election Agreement with Denton County for the General Election to be held
on May 9, 2015.
c. Consider approval of Resolution 15-08, Authorizing the Mayor to enter into a
Joint Election Agreement with Tarrant County for the General Election to be held
on May 9, 2015.
d. Consider approval of Resolution 1 5-09, Amending the Guaranteed Maximum
Price (GMP) Of $8,715,254.93 To $8,996,525.84 ($281,270.10) with Steele &
Freeman, Inc., Approving all Construction Change Orders for the Phase I
Westlake Academy Campus Expansion and Amending the FY 2014-2015 Budget
by Transferring $54,328 from the General Fund, Fund Balance to the Westlake
Academy Expansion Fund for the Phase I Project.
4. CONTINUE A PUBLIC HEARING AND CONSIDER ORDINANCE 746, REGARDING
A ZONING CHANGE FROM R 1 “ESTATE RESIDENTIAL” TO PD-6 “PLANNED
DEVELOPMENT - SINGLE-FAMILY RESIDENTIAL DISTRICT WITH TEN LOTS.”
THE SUBJECT PROPERTY IS COMMONLY KNOWN AS 1480 DOVE ROAD,
FURTHER DESCRIBED AS LOT 1, BLOCK 1 OF THE DOVE ADDITION,
APPROXIMATELY 10.18 ACRES.
5. EXECUTIVE SESSION
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect described by Subdivision (1). Maguire Partners -
Solana Land, L.P., related to Centurion’s development known as Entrada and
Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect described by Subdivision (1). Carlyle Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
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contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Legal issues concerning the proposed
Comprehensive Plan.
6. RECONVENE MEETING
7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
8. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
9. COUNCIL CALENDAR
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,
March 25, 2015, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise
the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made
to assist you.
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the March 2, 2015, meeting.
b. Consider approval of Resolution 15-07, Authorizing the Mayor to enter into a
Joint Election Agreement with Denton County for the General Election to be held
on May 9, 2015.
c. Consider approval of Resolution 15-08, Authorizing the Mayor to enter into a
Joint Election Agreement with Tarrant County for the General Election to be held
on May 9, 2015.
d. Consider approval of Resolution 15-09, Amending the Guaranteed Maximum
Price (GMP) Of $8,715,254.93 To $8,996,525.84 ($281,270.10) with Steele &
Freeman, Inc., Approving all Construction Change Orders for the Phase I Westlake
Academy Campus Expansion and Amending the FY 2014-2015 Budget by
Transferring $54,328 from the General Fund, Fund Balance to the Westlake
Academy Expansion Fund for the Phase I Project.
Town of Westlake
Item # 2 –
Review of Consent
Agenda Items
REPORTS
Reports are prepared for informational purposes and will be accepted as presented.
(there will no presentations associated with the report items) There will be no separate discussion
unless a Council Member requests that report be removed and considered separately.
a. Westlake Parkway Street Naming Report.
Town of Westlake
Item # 3–
Reports
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estlake Town Council
TYPE OF ACTION
Workshop - Report
Westlake Town Council Meeting
Monday, March 30, 2015
TOPIC: Westlake Parkway Street Naming Report
STAFF CONTACT: Jarrod Greenwood, Public Works Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Fiscal Responsibility Citizen, Student &
Stakeholder
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Maximize Efficiencies
& Effectiveness
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: April 20, 2015 Completion Date: April 20, 2015
Funding Amount: N/A Status - N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
As you may recall, Council approved a contract with Roadway Solutions, Inc. at the January 26,
2015, Regular Meeting for the installation of internally illuminated street name signs. We are
waiting for the contractor to secure detailed drawings from their subcontractor for the sign layout
before we schedule a preconstruction meeting with the contractor. We anticipate sign installation
work to start within the next 30 days. This project includes the Westlake Parkway-Trophy Club
Drive intersection at SH 114.
During our work with the project engineer, staff determined that the bridge at the Westlake
Parkway-Trophy Club Drive intersection of SH 114 has been, by default , commonly referred to
as Trophy Club Drive, however, this section of roadway has never been formally named. The
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current bridge was constructed in 2000-2001 when the SH 114 main lanes were built. The new
bridge replaced an asphalt cross-over that was built at the same time SH 114 and SH 170
frontage lanes were constructed in the late 1980’s, well before the construction of Westlake
Parkway in 1998-1999.
In the interest of public safety and eliminating potential driver confusion, staff will begin looking
into the necessary steps to formally name the section of roadway, including the bridge, within
Westlake as Westlake Parkway. The Westlake Fire Chief feels that this will also help reduce
confusion for emergency response. Additionally, making the name of the bridge Westlake
instead of Trophy Club is consistent with neighboring communities that have roads extending
through their corpo rate limits, i.e., Southla ke Boulevard and Keller Parkway and helps to signify
jurisdictional boundaries. This will not require any changes to the current TxDOT signage.
This report to Council regarding the street naming is necessary as we move forward with
installation of signs that will designate the name of this section of roadway within the Town of
Westlake.
RECOMMENDATION AND ATTACHMENTS
N/A
DISCUSSION ITEMS
a. Discussion, with Preceding Presentation, Regarding Westlake Historical Preservation
Society Annual Report. (10 min)
b. Discussion and review amending the guaranteed maximum price (GMP) of
$8,715,254.93 to $8,996,525.84 ($281,270.10) with Steele & Freeman, Inc.,
approving all construction change orders for the Phase I Westlake Academy
Campus Expansion and amending the FY 2014-2015 budget by transferring $54,328
from the General Fund balance to the Westlake Academy Expansion Fund for the
Phase I project. (15 min)
c. Discuss and review the draft of DirectionFinder Questions for 2015 Residential
Survey. (15 min)
d. Standing Item: Update and discussion regarding the Granada Development.
e. Standing Item: Update and discussion regarding the Entrada Development.
Town of Westlake
Item # 4 –
Discussion Items
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, March 30, 2015
TOPIC: Discussion, with Preceding Presentation, Regarding Westlake Historical
Preservation Society Annual Report.
STAFF CONTACT: Ginger R. Awtry, Communications & Community Affairs Director
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Transparent / Integrity-
driven Government
Municipal &
Academic Operations
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Increase
Transparency,
Accessibility &
Communications
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: June 1, 2014 Completion Date: May 31, 2015
Funding Amount: $0.00 Status - N/A Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
Per the Council/BOT Advisory Board/Affiliates policy, at least once a year all Town advisory
boards and Westlake Academy affiliate groups will meet with the Council and/or Board of
Trustees to discuss their past year’s activities and those planned/underway for the next twelve
months. The purpose of this workshop presentation is to generate coordinated planning and
collaboration between the Council and the Westlake Historical Preservation Society (WHPS) in
the pursuit of the Council’s strategic objectives for the WHPS.
RECOMMENDATION / ATTACHMENTS
N/A
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, March 30, 2015
TOPIC: Discussion and review amending the guaranteed maximum price (GMP) of
$8,715,254.93 to $8,996,525.84 ($281,270.10) with Steele & Freeman, Inc.,
approving all construction change orders for the Phase I Westlake Academy
Campus Expansion and amending the FY 2014-2015 budget by transferring
$54,328 from the General Fund, fund balance to the Westlake Academy
Expansion Fund for the Phase I project.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 1, 2012 Completion Date: March 31, 2015
Funding Amount: $54,328 Status - Not Funded Source - General Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
The construction of Phase I of the Westlake Academy Campus Expansion Project was approved by
the Council in June 2013. Steele & Freeman, the CM at Risk was approved in April 2013. The
original guaranteed maximum price was $8,542,930.00 on May 19, 2014. With the approval of the
Town council, the new GMP will be $8,996,525.84 which includes, but is not limited to, the
following change orders (see Exhibit B);
• March 24, 2014- Decrease the GMP by $111,490 to be used for the low voltage
package
• April 28, 2004 -Increased the GMP by $200,000 West parking lot improvements
• May 19, 2014- $83,815 increase GMP Smart Board cost
The total cost of all construction change orders is $466,738.84. The follow ing changes orders had
the biggest impact on the overall increase in the GMP:
Crew space under the Multi -purpose hall $ 21,500
Support structures AV& Smart boards 110,748
Field house Signage 20,751
Cedar soffits FH 23,970
Downspouts ties 20,116
Landscaping 39,353
Parking improvements 200,000
Total $436,438
The final cost of the project is $11,058,847 which was funded by donations, bond proceeds and the
General Fund. The project is over budget by .5% which equates to $54,328. With the approval of
the Town council, these funds will be transferred from the General Fund fund balance to the
Westlake Academy Expansion Fund.
RECOMMENDATION
Staff recommends amending the guaranteed maximum price (GMP) of $8,715,254.93 to
$8,996,525.84 ($281,270.10) with Steele & Freeman, Inc., approving all construction change orders
for the Phase I Westlake Academy Campus Expansion and amending the FY 2014-2015 budget by
transferring $54,328 from the General Fund fund balance to the Westlake Academy Expansion
Fund for the Phase I project.
ATTACHMENTS
Attachments: See consent item attachments (hyperlink)
estlake Town Council
TYPE OF ACTION
Workshop - Discussion Item
Westlake Town Council Meeting
Monday, March 30, 2015
TOPIC: Discuss and review the draft of DirectionFinder Questions for 2015
Residential Survey
STAFF CONTACT: Amanda DeGan, Assistant Town Manager
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Transparent / Integrity-
driven Government
Citizen, Student &
Stakeholder
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Increase CSS
Satisfaction
Strategic Initiative
Bi -annual Survey Administration
Time Line - Start Date: March 30, 2015 Completion Date: June 30, 2015
Funding Amount: $9,750 Status - Funded Source - General Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
Since 2009, we have conducted a survey to gather feedback and data from our community
members to help determine the direction and success of our service delivery. We use this
information to gauge our customer service, communication, public safety, overall satisfaction,
and various other components of our municipal government. Staff has prepared the questions for
the next survey instrument and will present the questions for Council review and feedback.
RECOMMENDATION
Staff recommends approval.
ATTACHMENTS
Draft – DirectionFinder Survey Instrument - 2015
1
TOWN OF WESTLAKE
2015 RESIDENT SURVEY
1. Satisfaction with Major Categories of Town Services: Using a scale of 1 to 5, where 5 means “Very Satisfied”
and 1 means “Very Dissatisfied,” please circle your level of satisfaction with the following services provided by
the Town of Westlake. Very Very Don’t
Satisfied Satisfied Neutral Dissatisfied Dissatisfied Know
How satisfied are you with the:
A. Overall quality of public safety services (police, fire, and
emergency medical) 5…....….4..…..….3.........…..2……..….1…...…..9
B. Overall efforts by the Town to ensure the
community is prepared for emergencies 5…....….4..…..….3.........…..2……..….1…...…..9
C. Overall quality of maintenance of Town streets 5…....….4..…..….3.........…..2……..….1…...…..9
D. Overall effectiveness of communication by the Town 5…....….4..…..….3.........…..2……..….1…...…..9
E. Overall quality of utility services 5…....….4..…..….3.........…..2……..….1…...…..9
F. Overall quality of parks, trails, open spaces,
streetscaping, and facilities 5…....….4..…..….3.........…..2……..….1…...…..9
G. Overall quality of customer service by the Town 5…....….4……….3........…...2……..….1…...…..9
H. Overall quality of enforcement of codes and ordinances 5…....….4……….3........…...2……..….1…...…..9
I. Overall quality of government services provided
by the Town of Westlake 5…....….4..…..….3.........…..2……..….1…...…..9
J. Overall value you receive from your tax dollars and fees 5…....….4..…..….3.........…..2……..….1…...…..9
K. Overall value of Westlake Academy to the Town 5…....….4..…..….3.........…..2……..….1…...…..9
2. Which THREE of the services listed above are the most important to you?
(Write in the spaces below, using the letters from the list in Question #1, above)
1st__________ 2nd__________ 3rd__________
3. Satisfaction with Specific Types of Services Provided by the Town: Using a scale of 1 to 5, where 5 means
“Very Satisfied” and 1 means “Very Dissatisfied,” please circle your level of satisfaction with each of the
following. Very Very Don’t
Satisfied Satisfied Neutral Dissatisfied Dissatisfied Know
How satisfied are you with the:
Police Services
A. Quality of local police protection 5…....….4..…..….3.........…..2……..….1…...…..9
B. Visibility of police in neighborhoods 5…....….4..…..….3.........…..2……..….1…...…..9
C. How quickly police respond to emergencies 5…....….4..…..….3.........…..2……..….1…...…..9
D. Efforts of the Town to prevent crime 5…....….4..…..….3.........…..2……..….1…...…..9
E. Level of traffic enforcement 5…....….4..…..….3.........…..2……..….1…...…..9
Fire & Medical Services
F. Quality of fire services 5…....….4..…..….3.........…..2……..….1…...…..9
G. Quality of emergency medical services 5…....….4..…..….3.........…..2……..….1…...…..9
H. Response time of fire and emergency medical services
personnel 5…....….4..…..….3.........…..2……..….1…...…..9
Emergency Preparedness
I. Response efforts by the Town Staff during extreme weather
conditions 5…....….4..…..….3.........…..2……..….1…...…..9
J. Efforts by the Town Staff to inform residents of hazardous
road conditions, potential inclement weather & closures 5…....….4..…..….3.........…..2……..….1…...…..9
2
(Question #3 continued) Using a scale of 1 to 5, where 5 means “Very Satisfied” and 1 means “Very Dissatisfied,” please circle
your level of satisfaction with each of the following.) Very Very Don’t
Satisfied Satisfied Neutral Dissatisfied Dissatisfied Know
Transportation Services
K. Condition of major streets in Westlake 5…....….4..…..….3.........…..2……..….1…...…..9
L. Condition of streets in your neighborhood 5…....….4..…..….3.........…..2……..….1…...…..9
M. Cleanliness of streets and other public areas 5…....….4..…..….3.........…..2……..….1…...…..9
N. Traffic flow and congestion management in Westlake 5…....….4..…..….3.........…..2……..….1…...…..9
Communications & Citizen Engagement
O. Efforts by the Town to keep you informed about Council
meetings, Town projects, issues, and events 5…....….4..…..….3.........…..2……..….1…...…..9
P. Timeliness of information provided by the Town 5…....….4..…..….3.........…..2……..….1…...…..9
Q. Completeness of the information provided by the Town 5…....….4..…..….3.........…..2……..….1…...…..9
R. Usefulness of the Westlake Wire communications 5…....….4..…..….3.........…..2……..….1…...…..9
S. Usefulness of social media efforts 5…....….4..…..….3.........…..2……..….1…...…..9
T. Ease of use of the Town’s website 5…....….4..…..….3.........…..2……..….1…...…..9
U. Availability/Accessibility of Town records 5…....….4..…..….3.........…..2……..….1…...…..9
V. Opportunities provided for public input 5…....….4..…..….3.........…..2……..….1…...…..9
Parks & Recreation Services
W. Maintenance of Town-owned Glenwyck Park 5…....….4..…..….3.........…..2……..….1…...…..9
X. Number of publicly-accessible parks and trails 5…....….4..…..….3.........…..2……..….1…...…..9
Y. Maintenance of streetscaping and open spaces 5…....….4..…..….3.........…..2……..….1…...…..9
Utility Services
Z. Residential trash collection services 5…....….4..…..….3.........…..2……..….1…...…..9
AA. Curbside recycling services 5…....….4..…..….3.........…..2……..….1…...…..9
BB. Yard waste & bulky item removal services 5…....….4..…..….3.........…..2……..….1…...…..9
CC. Town efforts to promote water conservation and protect
water resources 5…....….4..…..….3.........…..2……..….1…...…..9
DD. Household hazardous waste disposal service 5…....….4..…..….3.........…..2……..….1…...…..9
EE. Efforts by the Town to manage storm water run-off 5…....….4..…..….3.........…..2……..….1…...…..9
FF. Quality of (drinking) water utility services 5…....….4..…..….3.........…..2……..….1…...…..9
Customer Service
GG. Level of participation by Town Staff in community events/
neighborhood meetings 5…....….4..…..….3.........…..2……..….1…...…..9
HH. Timeliness of Town Staff to concerns/issues (≤24 hours) 5…....….4..…..….3.........…..2……..….1…...…..9
II. Friendliness of Town Staff 5…....….4..…..….3.........…..2……..….1…...…..9
JJ. Municipal court services 5…....….4..…..….3.........…..2……..….1…...…..9
KK. Jury service experience 5…....….4..…..….3.........…..2……..….1…...…..9
Code Enforcement
LL. Enforcing the exterior appearance and maintenance
regulations for property 5…....….4..…..….3.........…..2……..….1…...…..9
MM. Enforcing sign regulations 5…....….4..…..….3.........…..2……..….1…...…..9
4. Using a scale of 1 to 5, where 5 means “Strongly Agree” and 1 means “Strongly Disagree,” please circle
your level of agreement with the following statements. Strongly Strongly
Agree Agree Neutral Disagree Disagree
Please rate your agreement with the following statements:
A. Do you support limitations on smoking ?
i. Public open spaces (parks/trails) 5…....……4..…..…...3.........…….2……..…....1
ii. Retail / restaurants 5…....……4..…..…...3.........…….2……..…....1
3
5. Reasons for Moving to Westlake: Using a scale of 1 to 5, where 5 means “Extremely Important” and 1 means
“Not Important,” please circle how important the following issues were in your decision to move to the Town of
Westlake. Extremely Very Less Not Don’t
Important Important Important Important Important Know
How important was:
A. Sense of community 5…....….4..…..…...3.........….2………..1….......9
B. Quality of life 5…....….4..…..…...3..............2………..1….......9
C. Small town feel 5…....….4..…..…...3.........….2………..1….......9
D. Aesthetic appeal & high development standards 5…....….4..…..…...3.........….2………..1….......9
E. Westlake Academy 5…....….4..…..…...3.........….2………..1….......9
F. Access to other public schools (Keller, Northwest
or Carroll ISD) 5…....….4..…..…...3.........….2………..1….......9
G. Proximity to private schools 5…....….4..…..…...3.........….2………..1….......9
H. Low crime rates/quality of public safety 5…....….4..…..…...3.........….2………..1….......9
I. Employment opportunities in the Westlake area 5…....….4..…..…...3.........….2………..1….......9
J. Access to DFW airport 5…....….4..…..…...3.........….2………..1….......9
K. Access to major highways 5…....….4..…..…...3.........….2………..1….......9
L. Type of housing available 5…....….4..…..…...3.........….2………..1….......9
M. Quality of your subdivision 5…....….4..…..…...3.........….2………..1….......9
N. Westlake as a retirement destination 5…....….4..…..…...3.........….2………..1….......9
O. Number of publicly accessible parks & trails 5…....….4..…..…...3.........….2………..1….......9
P. Subdivision amenities (airpark, golf club, parks, etc.) 5…....….4..…..…...3.........….2………..1….......9
6. Which THREE of the reasons listed above are the most important reasons why you will stay in Westlake
for the next 5 years?
(Write in the spaces below, using the letters from the list in Question #6, above)
1st__________ 2nd__________ 3rd__________
7. Issue(s) of Interest - Water Conservation
A. Which of the water conservation methods do you practice?
i. Installed drought tolerant / native plants (1) Yes / (2) No
ii. Water less than 2 times per week (1) Yes / (2) No
iii. Installed water saving fixtures (1) Yes / (2) No
B. Are you aware the water usage levels in Westlake are
the highest per capita in the area? (1) Yes / (2) No
8. Overall, how familiar are you with the following information:
A. The Town’s Comprehensive Plan
_____(3) Very Familiar _____(2) Somewhat Familiar _____(1) Not Familiar
B. The Town’s Strategic Plan
_____(3) Very Familiar _____(2) Somewhat Familiar _____(1) Not Familiar
C. The Town’s lighting standards
_____(3) Very Familiar _____(2) Somewhat Familiar _____(1) Not Familiar
D. The Town’s open space requirements for development
_____(3) Very Familiar _____(2) Somewhat Familiar _____(1) Not Familiar
E. Zoning standards within the Town
_____(3) Very Familiar _____(2) Somewhat Familiar _____(1) Not Familiar
F. Allowed uses for existing planned development districts within the Town
_____(3) Very Familiar _____(2) Somewhat Familiar _____(1) Not Familiar
4
9. Please check the following boxes that apply to you (select ONE)
When did you most recently attend the
following events?
This
Year
Last
Year
2 Years
Ago or
More
Never, But I
Am Aware of
Event
Never, I Am
Not Aware of
Event
A. Decoration Day 1 2 3 4 5
B. Any of the Master Works concert series
Events 1 2 3 4 5
C. Arbor Day 1 2 3 4 5
D. Community Tree Lighting 1 2 3 4 5
E. Westlake Historical Preservation Society’s
Classic Car Show 1 2 3 4 5
F. Other Westlake Historical Preservation
Society events 1 2 3 4 5
G. Westlake Public Arts Society events 1 2 3 4 5
10. Have you attended a public meeting in your neighborhood?
_____ (1) Yes - This Year (go to #10 a-b)
_____ (2) Yes - Last Year (go to #10 a-b)
_____ (3) No - but I Am Aware of the Meetings (go to #10 c-d)
_____ (4) No - I Am Not Aware of Meetings (go to #10 c-d)
If Yes:
10a. Was the meeting informative? (1) Yes / (2) No
10b. Did you have the opportunity to discuss your ideas/concerns? (1) Yes / (2) No
If No:
10c. Will you attend a neighborhood meeting in the future? (1) Yes / (2) No
10d. Do you think these types of meeting are useful? (1) Yes / (2) No
11. In your opinion, how often should neighborhood meetings be held?
_____ (1) Annually _____ (2) Twice a year _____ (3) Every other year _____ (4) Don’t know
12. Do any children in grades K -12 that live in your home?
_____ (1) Yes - (go to #12a)
_____ (2) No - (go to #13)
12a. IF YES to #12: Do any of these children currently attend Westlake Academy?
_____ (1) Yes (go to #13) _____ (2) No (go to #12b-d)
12b. Where do your children go to school? ___________________________________________
12c. If any of your children previously attended Westlake Academy, why did they stop?
______________________________________________________________________________
______________________________________________________________________________
12d. If your children previously attended Westlake Academy, are you considering re-enrolling
them in the future?
_____ (1) Yes _____ (2) No
5
13. What is your age?
_____ (1) 18 – 34 years _____ (3) 55 – 74 years
_____ (2) 35 – 54 years _____ (4) 75 + years
14. How many years have you lived in Westlake? ____________ years
15. In which subdivision do you live?
_____ (1) Stagecoach Hills _____ (3) Wyck Hill _____ (5) Mahotea Boone
_____ (2) Vaquero _____ (4) Glenwyck Farms _____ (6) Other
16. Which of the following BEST describes your total annual household income?
_____ (1) Under $50,000 _____ (3) $150,000 - $500,000
_____ (2) $50,000 - $149,000 _____ (4) Over $500,000
17. Gender:
_____ (1) Male _____ (2) Female
18. Overall, how safe do you feel in the Town of Westlake?
_____ (4) Very Safe _____ (3) Safe _____ (2) Unsafe _____ (1) Very Unsafe _____ (9) Don’t Know
19. Overall, how would you rate the Town of Westlake as a place to live?
_____ (4) Excellent _____ (3) Good _____ (2) Average _____ (1) Poor _____ (9) Don’t Know
Optional: If you have any other comments, please write them in the space provided below.
The Town of Westlake
Thanks you for completing this survey.
Please return your completed document in the enclosed
postage-paid envelope, addressed to:
ETC Institute
725 W. Frontier Circle
Olathe, KS 66061
Standing Item: Update and discussion regarding the Granada Development.
Town of Westlake
Item # 4d – No
Supporting
documentation
Standing Item: Update and discussion regarding the Entrada Development.
Town of Westlake
Item # 4e – No
Supporting
documentation
EXECUTIVE SESSION
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or (2) to deliberate
the offer of a financial or other incentive to a business prospect described by Subdivision
(1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada and Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss
or deliberate regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have locate, stay, or
expand in or near the territory of the governmental body and with which the governmental
body is conducting economic development negotiations; or (2) to deliberate the offer of a
financial or other incentive to a business prospect described by Subdivision (1). Carlyle
Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not
limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for
water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters
involving pending or contemplated litigation, settlement offers, or other legal matters not
related directly to litigation or settlement. Pending or contemplated litigation and settlement
offers include but are not limited to the following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney
to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with the Chapter including but are not limited to the
following: Legal issues concerning the proposed Comprehensive Plan.
Town of Westlake
Item # 5 –
Executive Session
Town of Westlake
Item # 6 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or
deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or
near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to
a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to
Centurion’s development known as Entrada and Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or
deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or
near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to
a business prospect described by Subdivision (1). Carlyle Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the Chapter including but are not limited to the following: Town of
Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving
pending or contemplated litigation, settlement offers, or other legal matters not related directly to
litigation or settlement. Pending or contemplated litigation and settlement offers include but are not
limited to the following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the Chapter including but are not limited to the following: Legal issues
concerning the proposed Comprehensive Plan.
Town of Westlake
Item # 7 – Take any
Necessary Action, if
necessary
COUNCIL RECAP / STAFF DIRECTION
Town of Westlake
Item #8
Council Recap /
Staff Direction
Town of Westlake
Item # 9 –
Workshop
Adjournment
Back up material has not
been provided for this item.
CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to
address the Council on any matter whether or not it is posted on the agenda. The Council
cannot by law take action nor have any discussion or deliberations on any presentation made to
the Council at this time concerning an item not listed on the agenda. The Council will receive
the information, ask staff to review the matter, or an item may be noticed on a future agenda
for deliberation or action.
Town of Westlake
Item # 2 – Citizen’s
Presentations and
recognitions
CONSENT AGENDA: All items listed below are considered routine by the Town Council
and will be enacted with one motion. There will be no separate discussion of items
unless a Council Member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
a. Consider approval of the minutes from the March 2, 2015, meeting.
b. Consider approval of Resolution 15-07, Authorizing the Mayor to enter into a
Joint Election Agreement with Denton County for the General Election to be held on
May 9, 2015.
c. Consider approval of Resolution 15-08, Authorizing the Mayor to enter into a
Joint Election Agreement with Tarrant County for the General Election to be held on
May 9, 2015.
d. Consider approval of Resolution 15-09, Amending the Guaranteed Maximum
Price (GMP) Of $8,715,254.93 To $8,996,525.84 ($281,270.10) with Steele &
Freeman, Inc., Approving all Construction Change Orders for the Phase I Westlake
Academy Campus Expansion and Amending the FY 2014-2015 Budget by
Transferring $54,328 from the General Fund, Fund Balance to the Westlake
Academy Expansion Fund for the Phase I Project.
Town of Westlake
Item # 3 – Consent
Agenda
Town Council Minutes
01/26/15
Page 1 of 9
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
TOWN COUNCIL MEETING
March 2, 2015
PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Alesa Belvedere,
Carol Langdon, Rick Rennhack and Wayne Stoltenberg.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town
Attorney L. Stanton Lowry, Assistant Town Manager Amanda
DeGan, Fire Chief Richard Whitten, Planning and Development
Director Eddie Edwards, Director of Public Works Jarrod
Greenwood, Finance Director Debbie Piper, Director of Facilities
and Parks & Recreation Troy Meyer, Director of Human Resources
& Administrative Services Todd Wood, Communications &
Community Affairs Director Ginger Awtry, and Susan McFarland,
Communications Specialist.
Work Session
1. CALL TO ORDER
Mayor Wheat called the work session to order at 5:03 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Wheat led the pledge of allegiance to the United States and Texas flags.
3. REVIEW OF CONSENT AGENDA ITEMS FOR THE MARCH 2, 2015, TOWN
COUNCIL REGULAR MEETING AGENDA.
No additional discussion.
Town Council Minutes
03/02/15
Page 2 of 9
4. REPORTS
a. Annual report from the Keller Police Department relative to police services and
the racial profiling.
5. DISCUSSION ITEMS
a. Presentation of a Personal Project by an Academy student regarding the use of
Solar Power energy for the Multi-Purpose Hall.
Town Manager Brymer introduced student Mr. Ned LoFrisco, project advisor Mr.
Thompson and Director Meyer.
Mr. LoFrisco provided an overview the Academy’s Personal Project for students
and a presentation regarding the use solar panels at Westlake Academy.
Discussion ensued regarding the panels resistance to hail, tax rebates for
municipalities, retrofitting costs, feasibility study, manufacture performance
guarantees, residential regulations, and his inspiration for the project.
The Council asked staff provide a robust financial cost, return on investment
(ROI) for this project that could be discussed during the budget process.
b. Discussion and review of the annual Comprehensive Annual Financial Report
(CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended
September 30, 2014.
Director Piper, Mr. Jerry Gaither and Mr. John DeBurro, Weaver and Tidwell,
L.L.P provided a presentation and overview of the proposed annual audit.
The Mayor asked the Auditors to modify the last sentence on the communication
with those charged with governance that they acknowledge TEA has accepted
the practice of accruing state foundation funds.
Discussion ensued regarding the Foundation funds that contributed to the
academy expansion, differences in the operating revenues in years 2014 and
2013, and GASB 68 which requires the recognition of net pension liabilities of
employers to be prepared in the financials on an accrual basis.
c. Presentation and Discussion of Solana redevelopment plans by new Solana
Owners (Equity aka Blackstone) including Way Finding, Signage, Lighting, Retail,
Open Space Reconfiguration, Parking, and Building Remodeling.
Town Council Minutes
03/02/15
Page 3 of 9
Mr. Brian Blankenship, DTZ Solana property management provided an overview
of the proposed redevelopment. Mr. Blankenship then introduced Stephen Park,
5G Studio Collaborative.
Mr. Park provided a presentation and overview of the proposed redevelopment
for Solana including the Health Club, Kirkwood Boulevard, and Campus Circle.
Discussion ensued regarding the proposed color scheme and the redevelopment
as it relates to the Comprehensive Plan.
d. Presentation and update of the Fire Department’s Station.
Director Meyer and Chief Whitten provided a presentation and update regarding
the Fire Station.
Discussion ensued regarding aesthetics of the proposed building, opportunities to
repurpose the building in the future, and to discuss the proposed gift of the
tenant finish-out of the living/office building.
e. Standing Item: Update and discussion regarding the Granada Development.
Director Edwards provided an overview regarding the architecture of nine (9)
proposed homes seeking approval from the architecture review committee.
Staff recommends amending the Granada design ordinance revising the roof
height, metal roofing material and allowing latitude to the committee for
approval of such requests.
f. Standing Item: Update and discussion regarding the Entrada Development.
Staff is in the process of reviewing the design guidelines for the development.
6. EXECUTIVE SESSION
The Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations
(1) to discuss or deliberate regarding commercial or financial information that
the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory
Town Council Minutes
03/02/15
Page 4 of 9
of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1). Maguire
Partners-Solana Land, L.P., related to Centurion’s development known as Entrada
and Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect described by Subdivision (1). Carlyle
Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on
legal matters involving pending or contemplated litigation, settlement offers, or
other legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Legal issues concerning the
proposed Comprehensive Plan.
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
9. COUNCIL RECAP / STAFF DIRECTION
Review the use of solar panels at Westlake Academy and to review the staff of full time
and part time Fire and EMS employees during budget discussions.
10. ADJOURNMENT
Mayor Wheat adjourned the work session at 6:33 p.m.
Town Council Minutes
03/02/15
Page 5 of 9
Regular Session
1. CALL TO ORDER
Mayor called the regular session to order at 6:53 p.m.
2. CITIZEN PRESENTATIONS AND RECOGNITIONS:
Mayor Wheat recognized Fire and EMS employee Victor Mesa for his 10 year service
award.
Mayor Wheat recognized Municipal Court employee Martha Solis as Employee of the Year.
3. CONSENT AGENDA:
a. Consider approval of the minutes from the January 26, 2015, meeting.
b. Consider approval of the minutes from the February 9, 2015, meeting.
c. Consider approval of Resolution 15-04, Accepting the Annual Comprehensive
Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the
fiscal year ended September 30, 2014.
d. Consider approval of Resolution 15-05, Amending the Site Plan Amendment
for the property addressed as 2900 Dove Road known as the temporary fire
department facilities and authorizing an addition to existing
Apparatus/Equipment Bays.
e. Consider approval of Resolution 15-06, Authorizing the Town Manager to
Execute an Agreement with TrafficPayment.com
MOTION: Council Member Langdon made a motion to approve consent
agenda. Council Member Belvedere seconded the motion. The
motion carried by a vote of 5-0.
4. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 747,
ADOPTING A COMPREHENSIVE PLAN FOR THE TOWN; AMENDING THE CODE
OF ORDINANCES, CHAPTER 62, ARTICLES I SECTION 62-1 – 62-3 AND II
SECTIONS 62-31 – 62-32.
Town Manager Brymer introduced Mr. Robin McCaffrey, Director Edwards, Mr. Derrell
Johnson, and Ms. Ashley Shook.
Mr. Derrell Johnson, 2201 Vaquero Club Drive, Comprehensive Plan Committee Chairman,
provided a presentation and overview of the plan update process.
Town Manager Brymer provided a presentation and overview of staff recommendations
and amendments to the proposed Comprehensive Plan.
Town Council Minutes
03/02/15
Page 6 of 9
Discussion ensued regarding the volume of traffic along State Highways 114 and 170
creating the additional traffic along Dove Road, regional traffic included in the traffic
analysis, the term ‘roadway of special consideration’, the City of Southlake plan for Dove
Road, and future plans for State Highways 114 and 170.
Mayor Wheat opened the public hearing.
The following people spoke in support for the revised Thoroughfare Plan: Peter Sackla,
One Deloitte Way; Joe Schneider, 13600 Heritage Parkway, Fort Worth; Jonathan Vinson,
901 Main Street, Suite 6000, Dallas; Neil McNabnay, 1815 Broken Bend Drive; Yair Lotan,
1809 Broken Bend; Andrew Cottingham, 1803 Copperfield Court; Tom LoFrisco, 1819
Broken Bend Drive; and Colin Stevenson, 1823 Broken Bend Drive.
The following people spoke in opposition of the revised Thoroughfare Plan showing East
Dove Road as a “roadway of special consideration” allowing for widened of the road in the
future be recorded: John Schilsky, 1610 Fair Oaks Drive; Kara Aptor, 1565 Dove Road;
Stef Mauler, 1855 Broken Bend Drive; Steve Simpson, 1567 Dove Road; and Maru
Murugappan, 1563 Dove Road.
The following people spoke in support for the revised Thoroughfare Plan but are opposed
to the plan showing East Dove Road as a “roadway of special consideration” allowing for
widened of the road in the future: Baijn Jacob, 1801 Copperfield and Horace Wu, 1849
Broken Bend Drive.
The following people spoke in support for the revised Comprehensive Plan with concerns
regarding Entitlement transfers, Landscaping, Open Space and Wildlife Management:
Russell Laughlin, 13600 Heritage Parkway, Fort Worth; Tom Miller, 13103 Roanoke Road
and Stephen Thornton, 13187 Thornton Drive.
Ms. Charlene Gardner, 6409 Mahotea Boone Trail, inquired to the type of road the plan
proposes for Ottinger Road.
The following people did not speak, but asked that their support for the revised
Thoroughfare Plan be recorded: Jay Still, 1813 Broken Bend Drive; Jon Endter, 1821
Broken Bend Drive; Cheryl Endter, 1821 Broken Bend Drive; MaryAnn LoFrisco, 1819
Broken Bend Drive; Laura Cottingham, 1803 Copperfield; Lisa Pylant, 1612 Fair Oaks
Drive; Rudy and Christy Renda, 1804 Copperfield Court; Lisa Welch, 1618 Fair Oaks Drive;
Kathleen Wakeham, 1614 Fair Oaks Drive and Eric and Michelle Albritton, 1817 Broken
Bend Drive.
The following person did not speak, but asked that her opposition for the revised
Thoroughfare Plan showing East Dove Road as a “roadway of special consideration”
allowing for widened of the road in the future be recorded: Kim Morris, 2301 J.T. Ottinger
Road.
A copy of a letter in opposition from Angela Schilsky, M.D, was provided to the Mayor and
Council Members.
Town Council Minutes
03/02/15
Page 7 of 9
Mayor Wheat closed the public hearing.
MOTION: Council Member Rennhack made a motion to approve Ordinance
747. Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
5. CONTINUE A PUBLIC HEARING AND CONSIDER ORDINANCE 746, REGARDING
A ZONING CHANGE FROM R 1 “ESTATE RESIDENTIAL” TO PD-6 “PLANNED
DEVELOPMENT - SINGLE-FAMILY RESIDENTIAL DISTRICT WITH TEN LOTS.”
THE SUBJECT PROPERTY IS COMMONLY KNOWN AS 1480 DOVE ROAD,
FURTHER DESCRIBED AS LOT 1, BLOCK 1 OF THE DOVE ADDITION,
APPROXIMATELY 10.18 ACRES. – Applicant has requested the application be
tabled.
Mayor Wheat opened the public hearing.
No one addressed the Council.
Mayor Wheat asked for a motion to continue the public hearing at the March 30, 2015,
meeting.
MOTION: Council Member Rennhack made a motion to continue the public
hearing until the March 30, 2015, meeting. Council Member Barrett
seconded the motion. The motion carried by a vote of 5-0.
6. EXECUTIVE SESSION
The Council did not convene into executive session.
The Council will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect described by Subdivision (1). Maguire Partners -
Solana Land, L.P., related to Centurion’s development known as Entrada and
Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1)
to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
Town Council Minutes
03/02/15
Page 8 of 9
governmental body and with which the governmental body is conducting economic
development negotiations; or (2) to deli berate the offer of a financial or other
incentive to a business prospect described by Subdivision (1). Carlyle Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Town of Westlake Certificate of
Convenience & Necessity (CCN) for water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal
matters involving pending or contemplated litigation, settlement offers, or other
legal matters not related directly to litigation or settlement. Pending or
contemplated litigation and settlement offers include but are not limited to the
following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter
including but are not limited to the following: Legal issues concerning the proposed
Comprehensive Plan.
7. RECONVENE MEETING
8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
9. FUTURE AGENDA ITEMS
10. COUNCIL CALENDAR
Town Manager provided an overview of the upcoming events and meeting changes.
Town Council Minutes
03/02/15
Page 9 of 9
11. ADJOURNMENT
There being no further business before the Council, Mayor Wheat asked for a motion to
adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Stoltenberg seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 9:03 p.m.
APPROVED BY THE TOWN COUNCIL ON MARCH 30, 2015.
ATTEST: _____________________________
Laura Wheat, Mayor
_____________________________
Kelly Edwards, Town Secretary
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, January 28, 2013
TOPIC: Consider approval of Resolution authorizing the Mayor to enter into a
Joint Election Agreement with Denton County to conduct the General
election to be held on May 9, 2015.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Citizen, Student &
Stakeholder
Natural Oasis - Preserve &
Maintain a Perfect Blend of the
Community's Natural Beauty
Encourage Westlake's
Unique Sense of Place
Strategic Initiative
Comprehensive Plan Project Review
Time Line - Start Date: January 26, 2015 Completion Date: May 9, 2015
Funding Amount: $11,000 Status - Funded Source - General Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
The Texas Election Code §3.004, requires the governing body of a political subdivision to order
a general election for the purpose of electing the Mayor and Council Members.
Since 2011 the Town has been required with both Denton and Tarrant Counties to conduct its
elections. The Denton County fee is a set fee due to the fact that we only have 3-5 registered
voters in the county.
The order calling the General Election was passed on January 26, 2015. As outlined in the
election order, the term of office for the elected officials is two (2) years. (expiring May 2015).
There are three (3) Council seats that expire May 2015. Those are Council Members Langdon,
Rennhack and Stoltenberg.
RECOMMENDATION
Staff recommends approval of the resolution authorizing the Mayor to enter into the Joint
Contract.
ATTACHMENTS
Resolution
Contract
Resolution 15-07
Page 1 of 12
TOWN OF WESTLAKE
RESOLUTION NO. 15-07
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ELECTION AGREEMENT
WITH DENTON COUNTY FOR THE GENERAL ELECTION TO BE HELD ON
MAY 9 , 2015.
WHEREAS, the Town of Westlake will conduct a General Election on May 9, 2015; and
WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each
entity that said elections be held jointly on May 9, 2015; and
WHEREAS, the Town of Westlake desires to select the Denton County Elections
Administrator to conduct and coordinate the joint elections for the residents of Westlake that live in
Denton County.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: The parties hereto agree to hold an election jointly on May 9, 2015, from
7:00 a.m. until 7:00 p.m. in accordance with Section 271.002, Texas Election Code, and that said
election will be conducted jointly pursuant to the terms of this agreement, attached as Exhibit “A”.
SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
SECTION 3: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 30th DAY OF APRIL, 2015.
ATTEST:
_______________________________
____________________________ Laura L. Wheat, Mayor
Kelly Edwards, Town Secretary
APPROVED AS TO FORM: _______________________________
Thomas E. Brymer, Town Manager
____________________________
L. Stanton Lowry, Town Attorney
Resolution 15-07
Page 2 of 12
THE STATE OF TEXAS
COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Denton County
Elections Administrator and the following political subdivisions located entirely or partially inside
the boundaries of Denton County:
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and
Texas Education Code Section 11.0581 for a joint May 9, 2015 election to be administered by
Lannie Noble, Denton County Elections Administrator, hereinafter referred to as “Elections
Administrator.”
RECITALS
Each participating authority listed above plans to hold a general and/or special election on
May 9, 2015.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting
System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas
Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for
persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political
subdivisions desire to use the County’s electronic voting system and to compensate the County for
such use and to share in certain other expenses connected with joint elections in accordance with
the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to
the parties, IT IS AGREED as follows:
I. ADMINISTRATION
The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271
of the Texas Election Code and this agreement. The Denton County Elections Administrator shall
coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this
agreement. Each participating authority agrees to pay the Denton County Elections Administrator
for equipment, supplies, services, and administrative costs as provided in this agreement. The
Denton County Elections Administrator shall serve as the administrator for the Joint Election;
however, each participating authority shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall provide
advisory services in connection with decisions to be made and actions to be taken by the officers of
each participating authority as necessary.
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Page 3 of 12
At each polling location, joint participants shall share voting equipment and supplies to the
extent possible. The participating authorities shall share a mutual ballot in those polling places
where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and
publication of all required election orders, resolutions, notices, and any other pertinent documents
required by the Texas Election Code and/or the participating authority’s governing body, charter, or
ordinances, except that the Elections Administrator shall be responsible for the preparation and
publication of all electronic voting equipment testing notices that are required by the Texas Election
Code. Election orders should include language that would not necessitate amending the order if any
of the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballo t shall be the
responsibility of each participating authority, including translation to languages other than English.
Each participating authority shall provide a copy of their respective election orders and notices to
the Denton County Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all
Election Day voting locations. Voting locations will be, whenever possible, the usual voting
location for each election precinct in elections conducted by each participating city, and shall be
compliant with the accessibility requirements established by Election Code Section 43.034 and the
Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A
of t his agreement. In the event that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval of the affected
participating authorities. The Elections Administrator shall notify the participating authorities of
any changes from the locations listed in Attachment A.
If polling places for the May 9, 2015 joint election are different from the polling place(s)
used by a participating authority in its most recent election, the authority agrees to post a notice no
later than May 9, 2015 at the entrance to any previous polling places in the jurisdiction stating that
the polling location has changed and stating the political subdivision’s polling place names and
addresses in effect for the May 9, 2015 election. This notice shall be written in both the English
and Spanish languages.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate
judge for each polling location. The Elections Administrator shall make emergency appointments
of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in
recruiting polling place officials who are bilingual (fluent in both English and Spanish). In
compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing
more than 5% Hispanic population as determined by the 2010 Census shall have one or more
Resolution 15-07
Page 4 of 12
election official who is fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a
bilingual worker for the polling place. If the Elections Administrator is unable to recommend or
recruit a bilingual worker, the participating authority or authorities served by that polling place shall
be responsible for recruiting a bilingual worker for translation services at that polling place.
The Elect ions Administrator shall notify all election judges of the eligibility requirements of
Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure
that all election judges appointed for the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election
judges and clerks. Election judges and clerks who attend voting equipment training and/or
procedures training shall be compensated at the rate of $7 per hour.
The Elections Administrator shall arrange for the date, time, and place for presiding election
judges to pick up their election supplies. Each presiding election judge will be sent a letter from the
Elections Administrator notifying him of his appointment, the time and location of training and
distribution of election supplies, and the number of election clerks that the presiding judge may
appoint.
Each election judge and clerk will receive compensation at the hourly rate established by
Dento n County ($11 an hour for presiding judges, $10 an hour for alternate judges, and $9 an hour
for clerks) pursuant to Texas Election Code Section 32.091. The election judge, or his designee,
will receive an additional sum of $25.00 for picking up the elect ion supplies prior to Election Day
and for returning the supplies and equipment to the central counting station after the polls close.
The Elections Administrator may employ other personnel necessary for the proper
administration of the election, including such part-time help as is necessary to prepare for the
election, to ensure the timely delivery of supplies during early voting and on Election Day, and for
the efficient tabulation of ballots at the central counting station. Part -time personnel working as
members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Denton County in accordance with Election Code Sections
87.005, 127.004, and 127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to, the County’s electronic voting system and equipment, sample ballots,
voter registration lists, and all forms, signs, maps and other materials used by the election judges at
the voting locations. The Elections Administrator shall ensure availability of tables and chairs at
each polling place and shall procure rented tables and chairs for those polling places that do not
have tables and/or chairs. The Elections Administrator shall be responsible for conducting all
required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas
Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the
extent possible. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where
Resolution 15-07
Page 5 of 12
jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter
registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to co nduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates
and/or propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in which
the authority’s ballot is to be printed). Each participating authority shall be responsible for
proofreading and approving the ballot and the audio recording of the ballot, insofar as it pertains to
that authority’s candidates and/or propositions.
The joint election ballots that contain ballot content for more than one joint participant
because of overlapping territory shall be arranged in the following order: Independent School
District, City, Water District(s), and other political subdivisions.
Early Voting by Personal Appearance and voting on Election Day shall be conducted
exclusively on Denton County’s eSlate electronic voting system.
The Elections Administrator shall be responsible f or the preparation, testing, and delivery of
the voting equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant
employees upon hiring as required by Election Code Sectio n 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election
Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the
Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s
permanent county employees as deputy early voting clerks. The participating authorities further
agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the
conduct of early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas
Election Code. Deputy early voting clerks who are permanent employees of the Denton County
Elections Administrator or any participating authority shall serve in that capacity without additional
compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in
Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by
personal appearance at any of the joint early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election
Code. Any requests for early voting ballots to be voted by mail received by the participating
authorities shall be forwarded immediately by fax or courier to the Elections Administrator for
processing. The address for the Denton County Early Voting Clerk is:
Resolution 15-07
Page 6 of 12
Lannie Noble, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted
ballots, that are sent by a contract carrier (ie. UPS, FedEx, etc.) should be delivered to the Early
Voting Clerk at the Denton County Elections Department physical address as follows:
Lannie Noble, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A101
Denton, TX 76208
The Elections Administrator shall post on the county website each participating authority’s
early voting report on a daily basis and a cumulative final early voting report following the close of
early voting. I n accordance with Section 87.121(g) of the Election Code, the daily reports showing
the previous day’s early voting activity will be posted to the county website no later than 8:00 a.m.
each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting
results from the Joint Election. The Presiding Judge, with the assistance of the Elections
Administrator, shall appoint two or more additional members to constitute the EVBB. The
Elections Administrator shall determine the number of EVBB members required to efficiently
process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operat ing the central
counting station to receive and tabulate the voted ballots in accordance with the provisions of the
Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Sections 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Lannie Noble, Denton County Elections Administrator
Tabulation Supervisor: Brandy Grimes, Denton County Technical Operations
Manager
Presiding Judge: Kerry Martin, Deputy Elections Administrator
Alternate Judge: Paula Paschal, Contract Manager
The counting station manager or his representative shall deliver timely cumulative reports of
the election results as precincts report to the central and remote counting stations and are tabulated
by posting on the Elections website. The manager shall be responsible for releasing unofficial
Resolution 15-07
Page 7 of 12
cumulative totals and precinct returns from the election to the joint participants, candidates, press,
and general public by distribution of hard copies at the central counting station (if requested) and by
posting to the Denton County web site. To ensure the accuracy of reported election returns, results
printed on the tapes produced by Denton County’s voting equipment will not be released to the
participating authorities at the remote collection sites or by phone from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts
have been counted, and will deliver a copy of the unofficial canvass to each participating authority
as soon as possible after all returns have been tabulated. The Elections Administrator will include
the tabulation and precinct-by-precinct results that are required by Texas Election Code Section
67.004 for the participating entities to conduct their respective canvasses. Each participating
authority shall be responsible for the official canvass of its respective election(s), and shall notify
the Elections Administrator, or his designee, no later than three days after Election Day of the date
of the canvass.
The Elections Administrator will prepare the electronic precinct -by-precinct results reports
for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The
Elections Administrator agrees to upload these reports for each participating authority, unless
requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual
recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the
Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to
each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON
COUNTY
Each participating authority with territory containing population outside Denton County
agrees that the Elections Administrator shall administer only the Denton County portion of those
elections.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement
through its runoff election, if applicable. In the event of such runoff election, the terms of this
agreement shall automatically extend unless the participating authority notifies the Elections
Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting
locations and/or Election Day voting locations in a runoff election.
Each participating authority agrees to order any runoff election(s) at its meeting for
canvassing the votes from the May 9, 2015 election and to conduct its drawing for ballot positions
at or immediately following such meeting in order to expedite preparations for its runoff election.
Resolution 15-07
Page 8 of 12
Each participating authority eligible to hold runoff elections agrees that the date of the
runoff election, if necessary, shall be Saturday, June 13, 2015. This date may be negotiable based
on t he Secretary of State’s calendar for elections in 2015.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election.
Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according
to a formula which is based on the average cost per election day polling place (unit cost) as
determined by adding together the overall expenses and dividing the expenses equally among the
total number of polling places. Costs for polling places shared by more than one participating
authority shall be pro-rated equally among the participants utilizing that polling place.
It is agreed that charges for Election Day judges and clerks and Election Day polling place
rental fees shall be directly charged to the appropriate participating authority rather than averaging
those costs among all participants.
If a participating authority’s election is conducted at more than one election day polling
place, there shall be no charges or fees allocated to the participating authority for the cost of
election day polling places in which the authority has fewer than 50% of the total registered voters
served by that polling place, except that if the number of registered voters in all of the authority’s
polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual
costs associated with each early voting site. Each participating authority shall be responsible for a
pro-rata portion of the actual costs associated with the early voting sites located within their
jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site
within their jurisdiction shall pay a pro -rata portion of the nearest regular early voting site.
Costs for Early Voting by mail shall be allocated according to the actual number of ballots
mailed to each participating authority’s voters.
Each participating authority agrees to pay the Denton County Elections Administrator an
administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section
31.100(d) of the Texas Election Code.
The Denton County Elections Administrator shall deposit all funds payable under this
contract into the appropriate fund(s) within the county treasury in accordance with Election Code
Section 31.100.
The Denton County Elections Administrator reserves the right to adjust the above formulas
in agreement with any individual jurisdiction if the above formula results in a cost allocation that is
inequitable.
If any participating authority makes a special request for extra Temporary Branch Early
Voting by Personal Appearance locations, that entity agrees to pay the entire cost for that request.
Resolution 15-07
Page 9 of 12
Participating authorities having the majority of their voters in another county, and fewer
than 500 registered voters in Denton County, and that do not have an election day polling place or
early voting site within their Denton County territory shall pay a flat fee of $400 for election
expenses.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should
it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code.
The withdrawing authority is fully liable for any expenses incurred by the Denton County
Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of
such expenses. Any monies deposited with the Elections Administrator by the withdrawing
authority shall be refunded, minus the aforementioned expenses and administrative fee, if
applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries
of one or more of the remaining participating authorities, with the exception of the early voting site
located at the Denton County Elections Building, may be dropped from the joint election unless one
or more of the remaining participating authorities agreed to fully fund such site(s). In the event that
any early voting site is eliminated under this section, an addendum to the contract shall be provided
to the remaining participants within five days after notification of all intents to withdraw have been
received by the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and
all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to
the public in accordance with applicable provisions of the Texas Election Code and the Texas
Public Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the records
are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions
of Section 66.058 of the Texas Election Code. If records of the election are involved in any
pending election contest, investigation, litigation, or open records request, the Elections
Administrator shall maintain the records until final resolution or until final judgment, whichever is
applicable. It is the responsibility of each participating authority to bring to the attention of the
Elections Administrator any notice of pending election contest, investigation, litigation or open
records request which may be filed with the participating authority.
XIV. RECOUNTS
Resolution 15-07
Page 10 of 12
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing
this document, the presiding officer of the contracting participating authority agrees that any
recount shall take place at the offices of the Elections Administrator, and that the Elections
Administrator shall serve as Recount Supervisor and the participating authority’s official or
employee who performs the duties of a secretary under the Texas Election Code shall serve as
Recount Coordinator.
The Elections Administrator agrees to provide advisory services to each participating
authority as necessary to conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
It is understood that to the extent space is available, other districts and political subdivisions
may wish to participate in the use of the County’s election equipment and voting
places, and it is agreed that the Elections Administrator may contract with such other
districts or political subdivisions for such purposes and that in such event there may
be an adjustment of the pro -rata share to be paid to the County by the participating
authorities.
The Elections Administrator shall file copies of this document with the Denton County
Judge and the Denton County Auditor in accordance with Section 31.099 of the
Texas Election Code.
Nothing in this contract prevents any party from taking appropriate legal action against any
other party and/or other election personnel for a breach of this contract or a violation
of the Texas Election Code.
This agreement shall be construed under and in accord with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Denton
County, Texas.
In the event that one o r more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
The waiver by any party of a breach of any provision of this agreement shall not operate as
or be construed as a waiver of any subsequent breach.
Resolution 15-07
Page 11 of 12
Any amendments of this agreement shall be of no effect unless in writing and signed by all
parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this
agreement is listed below. The exact amount of each participating authority’s obligation under the
terms of this agreement shall be calculated after the May 9, 2015 election (or runoff election, if
applicable). The participating authority’s obligation shall be paid to Denton County within 30 days
after the receipt of the final invoice from the Denton County Elections Administrator.
The total estimated obligation for each participating authority under the terms of this
agreement shall be provided within 45 days after the last deadline for ordering an election.
Estimated
Political Subdivision Cost
Resolution 15-07
Page 12 of 12
XVII. SIGNATURE PAGE (separate page)
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as
follows, to-wit:
(1) It has on the _____ day of ___________, 2015 been executed by the Denton County
Elections Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the ______ day of ___________, 2015 been executed on behalf of the Town of
Westlake pursuant to an action of the Town of Westlake, Town Council so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
LANNIE NOBLE, CERA
ACCEPTED AND AGREED TO BY THE TOWN OF WESTLAKE:
APPROVED: ATTESTED:
__________________________________ _____________________________________
LAURA WHEAT, MAYOR KELLY EDWARDS, TOWN SECRETARY
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, March 30, 2015
TOPIC: Consider approval of Resolution authorizing the Mayor to enter into a
Joint Election Agreement with Tarrant County to conduct the General
election to be held on May 9, 2015.
STAFF CONTACT: Kelly Edwards, Town Secretary
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Informed & Engaged
Citizens / Sense of
Community
Citizen, Student &
Stakeholder
Natural Oasis - Preserve &
Maintain a Perfect Blend of the
Community's Natural Beauty
Encourage Westlake's
Unique Sense of Place
Strategic Initiative
Comprehensive Plan Project Review
Time Line - Start Date: January 26, 2015 Completion Date: May 9, 2015
Funding Amount: $8,543.00 Status - Funded Source - General Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
The Texas Election Code §3.004, requires the governing body of a political subdivision to order
a general election for the purpose of electing the Mayor and Council Members.
Since 2011 the Town has been required with both Denton and Tarrant Count ies to conduct its
elections.
The order calling the General Election was passed on January 26, 2015. As outlined in the
election order, the term of office for the elected officials is two (2) years. (expiring May 2015).
There are three (3) Council seats that expire May 2015. Those are Council Members Langdon,
Rennhack and Stoltenberg.
The final amount may fluctuate based on the number of entities that enter into the Joint Contract.
RECOMMENDATION
Staff recommends approval of the resolution authorizing the Mayor to enter into the Joint
Contract.
ATTACHMENTS
Resolution
Contract
Resolution 15-08
Page 1 of 1
TOWN OF WESTLAKE
RESOLUTION NO. 15-08
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ELECTION AGREEMENT
WITH TARRANT COUNTY FOR THE GENERAL ELECTION TO BE HELD ON
MAY 9 , 2015.
WHEREAS, the Town of Westlake will conduct a General Election on May 9, 2015; and
WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each
entity that said elections be held jointly on May 9, 2015; and
WHEREAS, the Town of Westlake desires to select the Tarrant County Elections
Administrator to conduct and coordinate the joint elections for the residents of Westlake that live in
Tarrant County.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: The parties hereto agree to hold an election jointly on May 9, 2015, from
7:00 a.m. until 7:00 p.m. in accordance with Section 271.002, Texas Election Code, and that said
election will be conducted jointly pursuant to the terms of this agreement, attached as Exhibit “A”.
SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
SECTION 3: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 30th DAY OF APRIL 2015.
ATTEST:
_______________________________
____________________________ Laura L. Wheat, Mayor
Kelly Edwards, Town Secretary
APPROVED AS TO FORM: _______________________________
Thomas E. Brymer, Town Manager
____________________________
L. Stanton Lowry, Town Attorney
Page 1 of 10
THE STATE OF TEXAS
COUNTY OF TARRANT
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and
the following political subdivisions located entirely or partially inside the boundaries of Tarrant County:
City of Arlington
City of Azle
City of Bedford
City of Blue Mound
City of Colleyville
City of Dalworthington Gardens
City of Euless
City of Everman
Town of Flower Mound
City of Forest Hill
City of Fort Worth
City of Grapevine
City of Haltom City
City of Haslet
City of Hurst
City of Keller
City of Kennedale
City of Mansfield
City of Pelican Bay
City of Richland Hills
City of River Oaks
City of Saginaw
City of Southlake
City of Watauga
Town of Westlake
Arlington ISD
Birdville ISD
Crowley ISD
Fort Worth ISD
Grapevine-Colleyville ISD
Hurst-Euless-Bedford ISD
Keller ISD
Kennedale ISD
Lewisville ISD
Mansfield ISD
Tarrant County College
Tarrant Regional Water District
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section
11.0581 for a joint May 09, 2015 election to be administered by Frank Phillips, Elections Administrator, hereinafter referred
to as “Elections Administrator.”
RECITALS
Each participating authority listed above plans to hold a general and/or special election on May 09, 2015.
The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1),
which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is
compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012.
The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County
for such use and to share in certain other expenses connected with joint elections in accordance with the applicable
provisions of Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS
AGREED as follows:
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I. ADMINISTRATION
The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election
Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects
of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Tarrant
County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement.
The Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however, each
participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct
of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and
actions to be taken by the officers of each participating authority as necessary.
It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting
system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election
services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases,
costs shall be pro-rated among the participants according to Section XI of this contract.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of all required
election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the
participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be
responsible for the preparation and publication of all voting system testing notices that are required by the Texas Election
Code.
Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each
participating authority, including translation to languages other than English. Each participating authority shall provide a
copy of their respective election orders and notices to the Tarrant County Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all election day voting
locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections
conducted by each participating city, and shall be compliant with the accessibility requirements established by Election
Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in
Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections
Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The
Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A.
If polling places for the May 09, 2015 joint election are different from the polling place(s) used by a participating
authority in its most recent election, the authority agrees to post a notice no later than May 8, 2015 at the entrance to any
previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s
polling place names and addresses in effect for the May 09, 2015 election. This notice shall be written in both the English
and Spanish languages.
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IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location. The Elections Administrator shall make emergency appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place
officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965,
as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall
have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the
polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority
or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at
that polling place.
The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of
Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for
the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The
Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election
supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his
appointment, the time and location of training and distribution of election supplies, and the number of election clerks that
the presiding judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant
to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the
election supplies prior to election day and for returning the supplies and equipment to the central counting station after the
polls close.
Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated
at the same hourly rate that they are to be paid on election day.
The Elections Administrator may employ other personnel necessary for the proper administration of the election,
including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during
early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time
personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be
compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited
to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the
election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each
polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs.
At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The
participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance
shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is
ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.
The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other
information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a
proper election.
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Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions
showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official
ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating authority
shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or
propositions.
The joint election ballots that contain ballot content for more than one joint participant because of overlapping
territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and
other political subdivisions.
Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County’s eSlate electronic voting
system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper
ballot that is scanned at the polling place using Tarrant County’s eScan voting system. Provisional ballots cast on election
day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being
immediately counted via the eScan ballot scanner.
The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day
turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per
polling place or precinct adjusted upward to end in a number divisible by 50.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment
for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as
required by Election Code Section 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the
Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating
authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The
participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist
in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at
an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks
who are permanent employees of the Tarrant County Elections Administrator or any participating authority shall serve in
that capacity without additional compensation.
Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this
document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting
locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by
mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted
by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections
Administrator for processing.
The Elections Administrator shall post on the county website each participating authority’s early voting report on a
daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section
87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the
county website no later than 8:00 AM each business day.
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VII. EARLY VOTING BALLOT BOARD AND SIGNATURE VERIFICATION COMMITTEE
Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint
Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to
efficiently process the early voting ballots.
The Elections Administrator shall determine whether a Signature Verification Committee is necessary, and if so,
shall appoint the members.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central and remote counting
stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this
agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas
Election Code, appoint the following central counting station officials:
Counting Station Manager: Stephen Vickers, Assistant Elections Administrator
Tabulation Supervisor: Eric Leija, Tarrant County Elections Operations Manager
Presiding Judge: David Herrington
Alternate Judge: Emma Allen
The counting station manager or his representative shall deliver timely cumulative reports of the election results as
precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for
releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and
general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site.
To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County’s voting
equipment will not be released to the participating authorities at the remote collection sites or by phone from individual
polling locations.
The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Election
Code Section 67.004 after all precincts have been counted, and will deliver a copy of these unofficial canvass reports to
each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be
responsible for the official canvass of its respective election(s).
The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of
State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for
each participating authority unless requested otherwise.
The Elections Administrator shall be responsible for conducting the post-election manual recount required by
Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies
of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY
Each participating authority with territory containing population outside Tarrant County agrees that the Elections
Administrator shall administer only the Tarrant County portion of those elections.
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X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement through its runoff
election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless
the participating authority notifies the Elections Administrator in writing within 3 business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations and/or election
day voting locations in a runoff election.
Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the
May 09, 2015 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to
expedite preparations for its runoff election.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary,
shall be Saturday, June 13, 2015.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs,
unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average
cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the
expenses equally among the total number of polling places. Costs for polling places shared by more than one participating
authority shall be pro-rated equally among the participants utilizing that polling place.
It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be
directly charged to the appropriate participating authority rather than averaging those costs among all participants.
If a participating authority’s election is conducted at more than one election day polling place, there shall be no
charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has
fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in
all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of
the costs associated with the polling place where it has the greatest number of registered voters.
Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with
each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated
with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-
temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site.
Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each
participating authority’s voters.
Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters
in Tarrant County, and that do not have an election day polling place or early voting site within their jurisdiction shall pay a
flat fee of $400 for election expenses.
Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal
to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.
The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate
fund(s) within the county treasury in accordance with Election Code Section 31.100.
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any
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expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten
percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall
be refunded, minus the aforementioned expenses and administrative fee if applicable.
It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the
remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections
Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully
fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall
be provided to the remaining participants within five days after notification of all intents to withdraw have been received by
the Elections Administrator.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint
Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the public in
accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election
records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county
records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records
are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of
the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or
open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment,
whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed
with the participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding
officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections
Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s
official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a
proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political subdivisions may wish to
participate in the use of the County’s election equipment and voting places, and it is agreed that the
Elections Administrator may contract with such other districts or political subdivisions for such purposes
and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the
participating authorities.
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2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the
Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code.
3. Nothing in this contract prevents any party from taking appropriate legal action against any other party
and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Tarrant County, Texas.
5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local
governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be
construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement is listed below.
Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of
this estimated obligation within 15 days after execution of this agreement. The exact amount of each participating
authority’s obligation under the terms of this agreement shall be calculated after the May 09, 2015 election (or runoff
election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall
pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections
Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections
Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated.
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The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall
be as follows:
Actual # Billed # Estimated Deposit
Political Subdivision of Polls of Polls Cost Due
City of Arlington 28 14.00 $64,388 $48,300
City of Azle 1 0.50 $4,008 $3,100
City of Bedford 1 0.50 $6,933 $5,200
City of Blue Mound 1 0.50 $3,134 $2,400
City of Colleyville 1 0.50 $5,144 $3,900
City of Dalworthington Gardens 1 0.50 $4,715 $3,600
City of Euless 1 0.50 $5,557 $4,200
City of Everman 1 1.00 $6,494 $4,900
Town of Flower Mound 1 0.00 $400 $400
City of Forest Hill 1 1.00 $6,714 $5,100
City of Fort Worth 75 30.50 $132,780 $99,600
City of Grapevine 1 0.50 $4,808 $3,700
City of Haltom City 2 0.83 $4,932 $3,700
City of Haslet 1 1.00 $10,113 $7,600
City of Hurst 1 0.50 $5,876 $4,500
City of Keller 2 1.00 $6,714 $5,100
City of Kennedale 1 0.50 $5,111 $3,900
City of Mansfield 3 1.50 $8,296 $6,300
City of Pelican Bay 1 0.50 $3,898 $3,000
City of Richland Hills 1 0.50 $5,001 $3,800
City of River Oaks 1 0.33 $3,290 $2,500
City of Saginaw 1 0.50 $5,001 $3,800
City of Southlake 1 1.00 $11,730 $8,800
City of Watagua 1 0.50 $5,111 $3,900
Town of Westlake 1 0.50 $8,543 $6,500
Arlington ISD 33 16.00 $74,903 $56,200
Birdville ISD 14 4.83 $31,706 $23,800
Crowley ISD 18 4.25 $25,386 $19,100
Fort Worth ISD 45 13.30 $66,112 $49,600
Grapevine-Colleyville ISD 6 1.00 $9,949 $7,500
Hurst-Euless-Bedford ISD 10 2.50 $21,745 $16,400
Keller ISD 17 3.33 $400 $400
Kennedale ISD 6 0.50 $5,111 $3,900
Lewisville ISD 1 0.00 $400 $400
Mansfield ISD 14 6.00 $26,248 $19,700
Tarrant County College 54 17.92 $96,171 $72,200
Tarrant Regional Water District 134 59.20 $263,489 $197,700
TOTALS 189.00 $984,726 $741,000
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XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit:
(1) It has on the _______ day of _______________, 2015 been executed by the Tarrant County Elections
Adm inistrator pursuant to the Texas Election Code so authorizing;
(2) It has on the _______ day of _______________, 2015 been executed on behalf of the TOWN OF
WESTLAKE pursuant to an action of the TOWN OF WESTLAKE so authorizing;
ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTRAT OR:
APPROVED:
___________________________________________
Frank Phillips
Elections Administrator
ACCEPTED AND AGREED TO BY THE TOWN OF WESTLAKE:
APPROVED: ATTEST:
___________________________________________ __________________________________________
LAURA WHEAT, MAYOR KELLY EDWARDS, TOWN SECRETARY
Res 15-08
estlake Town Council
TYPE OF ACTION
Regular Meeting - Consent
Westlake Town Council Meeting
Monday, March 30, 2015
TOPIC: Consider approval of Resolution 15-09 amending the guaranteed maximum
price (GMP) of $8,715,254.93 to $8,996,525.84 ($281,270.10) with Steele &
Freeman, Inc., approving all construction change orders for the Phase I
Westlake Academy Campus Expansion and amending the FY 2014-2015
budget by transferring $54,328 from the General Fund fund balance to the
Westlake Academy Expansion Fund for the Phase I project.
STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
People, Facilities, &
Technology
Exemplary Service & Governance
- We set the standard by delivering
unparalleled municipal and
educational services at the lowest
cost.
Improve Technology,
Facilities &
Equipment
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: August 1, 2012 Completion Date: March 31, 2015
Funding Amount: $54,328 Status - Not Funded Source - General Fund
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
The construction of Phase I of the Westlake Academy Campus Expansion Project was approved by the
Council in June 2013. Steele & Freeman, the CM at Risk was approved in April 2013. The original
guaranteed maximum price was $8,542,930.00 on May 19, 2014. With the approval of the Town council, the
new GMP will be $8,996,525.84 which includes, but is not limited to, the following change orders (see
Exhibit B);
• March 24, 2014- Decrease the GMP by $111,490 to be used for the low voltage package
• April 28, 2004 -Increased the GMP by $200,000 West parking lot improvements
• May 19, 2014- $83,815 increase GMP Smart Board cost
The total cost of all construction change orders is $466,738.84. The following changes orders had the
biggest impact on the overall increase in the GMP:
Crew space under the Multi -purpose hall $ 21,500
Support structures AV& Smart boards 110,748
Field house Signage 20,751
Cedar soffits FH 23,970
Downspouts ties 20,116
Landscaping 39,353
Parking improvements 200,000
Tota l $436,438
The final cos t of the project is $11,058,847 which was funded by donations, bond proceeds and the General
Fund. The project is over budget by .5% which equates to $54,328. With the approval of the Town council,
these funds will be transferred from the General Fund fund balance to the Westlake Academy Expansion
Fund.
RECOMMENDATION AND ATTACHMENTS
Staff recommends amending the guaranteed maximum price (GMP) of $8,715,254.93 to $8,996,525.84
($281,270.10) with Steele & Freeman, Inc., approving all construction change orders for the Phase I
Westlake Academy Campus Expansion and amending the FY 2014-2015 budget by transferring $54,328
from the General Fund fund balance to the Westlake Academy Expansion Fund for the Phase I project.
Attachments:
Resolution
Exhibit A – AIA document
Exhibit B – Change order log
Resolution 15-09
Page 1 of 2
TOWN OF WESTLAKE
RESOLUTION NO. 15-09
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AMENDING THE GUARANTEED MAXIMUM PRICE (GMP) OF
$8,715,254.93 TO $8,996,525.84 ($281,270.10) WITH STEELE & FREEMAN, INC.,
APPROVING ALL CONSTRUCTION CHANGE ORDERS FOR THE PHASE I
WESTLAKE ACADEMY CAMPUS EXPANSION AND AMENDING THE FY 2014-2015
BUDGET BY TRANSFERRING $54,328 FROM THE GENERAL FUND, FUND
BALANCE TO THE WESTLAKE ACADEMY EXPANSION FUND FOR THE PHASE I
PROJECT.
WHEREAS, the Town of Westlake owns and operates the Westlake Academy and
provides facilities for Town and Academy use; and
WHEREAS, the construction manager at risk will amend the original guaranteed
maximum price (GMP) to effectively provide for the completion of the three story secondary
classroom building, one single story field house and the portable buildings; and,
WHEREAS, approving all construction change orders for the Phase I Westlake
Academy Campus Expansion project ; and
WHEREAS, amending the FY 2014-2015 budget by transferring $54,328 from the
General Fund fund balance to the Westlake Academy Expansion Fund for the Phase I project.;
and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does hereby authorizing the
Town Manager to AMEND THE ORIGINAL GUARANTEED MAXIMUM PRICE (GMP)
with Steele & Freeman, Inc. for construction manager at-risk services establishing a guaranteed
maximum price for t he Westlake Academy campus expansion project, attached as Exhibit “A”.
SECTION 3: That the Town of Westlake Town Council does hereby approve all
construction change orders for the Phase I Westlake Academy Campus Expansion project ,
attached as Exhibit “B”.
Resolution 15-09
Page 2 of 2
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 30th DAY OF MARCH 2015.
ATTEST: _____________________________
Laura L. Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
OWNER:Town of Westlake PROJECT MANAGER:GLENN NOWELL
JOB NO :4610 SUPERINTENDENT:Mark Norman
0VOIDED VOIDED:0.00 APPROVED RFCO'S 466,738.84
0PENDING PENDING:0.00 PENDING RFCO'S -
48APPROVED DAYS PENDING:0.00 TOTAL APPROVED AND PENDING RFCO'S 466,738.84
0REJECTED APPROVED:466,738.84 TOTAL DAYS ADDED -
0INFO REQ'D REJECTED:0.00
903/26/14Under floor Plumbing at Multipurpose and Field house Design Clarification 11,440.00 Approved 4 y
1012/27/14Lighting Package Design Clarification 35,738.00 Approved 1 y
1103/05/14Revisions to Site Grading Owner Request 85,388.99 Approved 4 y
1202/18/14Roof and Subsoil Drains Drawing Clarification -5,182.00 Approved 4 y
1312/26/14Pier Reconciliation Allowance -58,928.82 Approved 1 y
1403/19/14PCR 02 without electrical
8,217.50
Approved
4 y
1603/05/14Curb at Grid 1 Multipurpose ASI 04 1,232.00 Approved 4 y
1802/18/14Hardware Revisions Hardware Submittal Review 4,200.00 Approved 4 y
Westlake Academy Expansion
Proposed Change Log
COMMENTSPC
DATE
SUBMITTED
BY SFI
SUB C.O.
ISSUED?OBRR NO.DAYS
ADDEDDESCRIPTION REASON FOR CHANGE
SFI
C.O.
#
DOLLAR AMOUNT STATUS
1903/18/14Support for AV and Security Contracts Owner Request24,883.69 Approved 4 y
2104/16/14Downspout Tie ins 20,116.00 Approved 4 y
2204/16/14Parking Lot 200,000.00 Approved 2 y
2303/12/14Reduce Owners Betterment -88,300.00 Approved 1 y
2403/26/14Climbing Wall 1,058.00 Approved 4 y
2504/16/14Forbo 5,597.40 Approved 4 y
2604/16/14Duct at Field House 4,500.00 Approved 4 y
2704/16/14Hardware Revisions (350)Approved 4 y
2904/16/14Pavers 16,925.13 Approved 4 y
30 Interactive Whiteboard Infrastructure 10,514.00 Approved 4 y
3205/16/14Supply Interactive Whiteboards Per Owner's Request83,815.75 Approved 3 y
3306/30/14Lettering at Field House 20,751.00 Approved 4 y
3407/02/14Damper Tie In to Fire Alarm RFI 50 5,245.00 Approved 4 y
3507/02/14Control Joints at Field House ASI 17 1,500.00 Approved 4 y
3709/08/14Handrail at Field House 4,545.00 Approved 4 y
3909/08/14Site Lighting 9,577.15 Approved 4 y
4009/08/14Smart Board Trim 2,050.00 Approved 4
4111/24/14Additional Landscaping for Secondary School, Multipurpose, Field House 1,196.00 Approved 4 y
4209/17/14Emergency Fixtures Lobby 700 2,856.00 Approved 4 y
4309/24/14Cedar Soffits at Field House Rev 1 23,970.00 Approved 4 y
4509/24/14Change hardware on doors 517 and 521A 2,720.00 Approved 4 p
Page 1of 2 4610 PC Log Final Troy.xlsx
OWNER:Town of Westlake PROJECT MANAGER:GLENN NOWELL
JOB NO :4610 SUPERINTENDENT:Mark Norman
0VOIDED VOIDED:0.00 APPROVED RFCO'S 466,738.84
0PENDING PENDING:0.00 PENDING RFCO'S -
48APPROVED DAYS PENDING:0.00 TOTAL APPROVED AND PENDING RFCO'S 466,738.84
0REJECTED APPROVED:466,738.84 TOTAL DAYS ADDED -
0INFO REQ'D REJECTED:0.00
Westlake Academy Expansion
Proposed Change Log
COMMENTSPC
DATE
SUBMITTED
BY SFI
SUB C.O.
ISSUED?OBRR NO.DAYS
ADDEDDESCRIPTION REASON FOR CHANGE
SFI
C.O.
#
DOLLAR AMOUNT STATUS
4810/06/14Metal Soffit Additional Framing 8,890.00 Approved 4 y
5110/30/14Power for Irrigation 439.00 Approved 4
5210/31/14Additional Electrical work for PC 30 2,383.00 Approved 4 y
5310/31/15Project Landscaping 39,353.67 Approved 4
5401/01/15Change DF at MP to Bottle Filing Station 2,520.00 Approved 4
5501/07/15Change OHD to Electrical Operation 2,990.00 Approved 4
5612/22/15Mods to Door 6114A Hardware 3,477.00 Approved 4
5701/09/15Provide wire covers on sprinkler protection heads FH 505.00 Approved 4
5801/09/15Misc Electrical Changes and Mods 2,935.88 Approved 45801/09/15 Misc Electrical Changes and Mods 2,935.88 Approved 4
5912/22/15Provide Forbo board at 50% of wall width in classrooms at Secondary School Building 12,000.00 Approved 4
6001/12/15Provide sidewalk at north side of Multipurpose Building to existing walk 1,500.00 Approved 4
6102/12/15Modifications to Sheetrock at roll up doors MP and Stairs SSB 9,105.00 Approved 4
6202/12/15Additional painting at roll up doors and existing building 1,715.00 Approved 4
6302/12/15Install 120V power on roof of the Multipurpose Building 2,100.00 Approved 4
Credit Stage Lighting Allowance (Line 11 6000)-15,000.00 Approved 4
Credit Underground Electrical Conduit Aloowance (Line 33 0005)-24,500.00 Approved 4
Credit Signage & Graphics Allowance -9,000.00 Approved 4
Credit Appliance Allowance (Less 11 4000 Merchandiser and Freezer)-11,093.50 Approved 4
Page 2of 2 4610 PC Log Final Troy.xlsx
Page 1 of 4
estlake Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Planning and Zoning Commission
Monday, January 5, 2015
Westlake Town Council Meeting
Monday, March 30, 2015
TOPIC: Conduct a public Hearing and consider an application for rezoning of the
property addressed as 1480 Dove Road, fro m R-1 “Estate Residential” to
PD 6 (A ten lot , “one dwelling per acre density” single-family residential
Planned Development.) The property is approximately 10.18 acres and is
located on the north side of Dove Road, between the Glenwyck Farms and
Terra Bella subdivisions.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned / Responsible
Development N/A
High Quality Planning, Design &
Development - We are a desirable
well planned, high -quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 5, 2015 Completion Date: March 30, 2015
Funding Amount: Status - Not Funded Source - N/A
Page 2 of 4
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY )
The property is currently zoned R1 “Estate Residential” which requires a minimum lot size of
one acre. The property is located between Glenwyck Farms, which is zoned R 1, but was
developed as a “one dwelling per acre density” development with 80% of the lots smaller than
one acre, and Terra Bella, which is zoned PD 4 and was also developed as a “one dwelling per
acre density” development with 75% of the lots less than one-acre. Both neighboring
developments do have some lots greater than one acre, and along with the open spaces, they
calculate out at approximately .8 and .5 dwellings per acre respectively.
By creating a Planned Development district for this property, the town may impose design
standards that exceed those contained in the Code of Ordinances, negotiate Economic
Development agreements with the developer that include contributions to Westlake Academy,
and include conditions or regulations to address unique situations or the concerns of adjacent
property owners.
The developer and has incorporated all of the design standards contained in the Granada PD
ordinance into an ordinance to regulate the proposed development. The developer, which will
also be the exclusive builder in the development, has increased the minimum home size by 1,000
sq. ft. over that required for Granada.
RECOMMENDATION
Planning and Zoning Commission recommends denial of the application due to lot size.
ATTACHMENTS:
1. Vicinity Map
2. Concept Plan
3. Staff Report
Page 3 of 4
Vicinity Map
Page 4 of 4
1
TOWN OF WESTLAKE, TX
STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL
Zoning Change from R1 to PD 6
(a ten lot, one-acre density residential subdivision “Carlyle”)
and Concept plan
I. CASE INFORMATION
Case No. Z –10-01-14
Date: 03-30-2015
Request: Applicant is requesting approval of the following:
Zoning change _X__ From R1 (Single-family residential with minimum
lot size of one acre) to PD 6 (Single-family with one
lot per acre density)
Concept Plan _X__
Development Name: Carlyle
Location: Subject property is an approximate 10.18 acre lot generally located north of
Dove Road, between the Terra Bella and GLenwyck Farms. It is currently a single-
family residence addressed as 1480 Dove Road.
Owner: Greg Kuelbs
Developer: Calais Homes
Zoning: Current: R-1 (8 one- acre residential lots)
Proposed: PD 6 (10 residential lots on 10.18 acres)
Acres: 10.18 not including Dove Road right-of way dedications made when previously
platted in to a single lot)
Proposed Uses: Single-family residential. Approximately one (1) dwelling unit per
acre gross density with minimum lot size of 30,000 square foot.
2
II. STAFF REVIEW COMMENTS
1. General
This is a request for approval of a Zoning Change that if approved would allow
for the development of 10 residential lots on 10+ acres of land as opposed to the
5 or 6 one-acre lots that could be developed under the current zoning. The
permitted uses and design standards contained in the proposed ordinance for
this district were created with regulations specifically geared towards giving the
Town the ability to ensure that the development will meet the high standards that
Westlake has become known for. The District Development Standards for
straight zoning residential districts requires 80% Masonry exterior wall surface
and regulates setbacks for accessory structures. The Design guidelines in a PD
ordinance are open to whatever the town decides is necessary to assure the high
quality exterior design and materials typically found in other Town of Westlake
developments. The proposed ordinance includes all of the Design guidelines
that were put into the recently approved PD 1-3 “Granada” Planned
Development.
At build out the development will include approximately $20,000,000 in
improvements that will be added to the ad valorem tax base.
The proposed development will contain ten residential lots all slightly over
30,000 square feet. For comparison purposes the two subdivisions in
closest proximity to this site, Glenwyck farms and Terra Bella have lot
sizes starting at 35,409 and 40,010 square feet respectively. Eighty percent
of the lots in Glenwyck Farms are less than one acre and seventy-five
percent of the lots in Terra Bella are less than one acre..
The gross density of the development will be approximately one (1)
dwelling per acre compared to Glenwyck Farms at .8 dwellings per acre
and Terra Bella at .51 dwellings per acre.
The open space and trail connectivity along with higher development standards
incorporated into the Planned Development ordinance should keep the homes in
Carlyle relatively close to the same price points as those in Glenwyck Farms and
Terra Bella. The developer is anticipating the average home price to be close to
$2,000,000. .
2. Concept Plan
3
The Concept Plan shows 10 single family lots configured into a residential
development with a single cul-de-sac meandering up the middle of the property.
This addresses the concerns voiced by some homeowners on adjacent
properties about having a roadway running along their back property lines. The
development will include two publicly accessible and privately maintained open
spaces with water features and trail connections tying into the town trial system.
The staff has also worked with the applicant to establish variation in the front,
side and rear setbacks to avoid visual monotony within the development. The
preli minary plat will finalize some of these setbacks.
3. Setbacks/Building Lines
Proposed for PD 6 R1 zoning
district
Glenwyck
Farms
Terra Bella
Front 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min.
Rear 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min.
Side 20 ft. +- 20ft. min. 20 ft. min. 20 ft. min.
4. Conformance with Comprehensive Plan
This application is consistent with the Town’s recently amended Comprehensive
Plan, its goals and objectives, and its policies as it relates to land use and site
development. The Land Use Plan indicates this property should be Single-family
Residential use on lots from 30,000 sq. ft. to 1 acre +.
5. Building Design, Architecture, and Screening
The building design, architectural, and screening regulations contained in the
Planned Development ordinance and the Concept Plan were created with the
goal in mind of Carlyle appearing at build out as a high end custom home sub-
division similar to the high quality development achieved in both the Glenwyck
Farms and Terra Bella sub-divisions.
6. Landscaping and Landscape Screening
4
Common areas. The common areas at both ends of the subdivision will be a
combination of preserved natural landscaping in areas of dense tree growth, and
newly planted landscaping designed with staggered heights and clustering of
plants and trees to break up and soften the view from outside the development.
Some elements of the landscaping have not been shown on the Concept Plan
but will be included as development progresses and final determination of the
best locations can be field approved.
Home sites. Each home site will comply with the Roadway landscape Zone
requirements of having six trees per one-hundred linear feet of lot width at the
roadway. Additionally they will be required to have Flower beds around all of the
foundation and covering twenty percent of the front yards.
7. Landscaping and Screening
Common areas. The common areas at the front and rear of the project will be a
combination of preserved natural landscaping and newly planted landscaping to
create small, park-like, areas. The developer will install and maintain these
areas but they will be publicly accessible. The perimeter walls will be of a design
similar to the types used for Glenwyck Farms and Terra Bella, masonry columns
with wrought iron fencing.
Home sites. Each home site will comply with the Roadway landscape Zone
requirements of having six trees per one-hundred linear feet of lot width at the
roadway. Additionally they will be required to have Flower beds around all of the
foundation and covering twenty percent of the front yards.
8. Parking
The ordinance requires three covered parking spaces per dwelling. Garages
may not face the street unless further back from the street than the side- facing
garage.
9. Fire Lanes
Because this sub-division will only have a single entrance it was assessed by the
Fire Marshal and determined if a second emergency access road would be
needed. It was determined that the roadway was within the length limitations to
allow a single point of access.
5
10. Access/Streets/Thoroughfare Plan
The primary entrance and exit for the sub-division will be off of Dove Road which
is classified as a Major Collector on the Thoroughfare plan. The internal roadway
will be privately owned and maintained by the HOA. .
11. Street/Highway Right-of-Way Dedication Requirements
No additional right-of-way dedication is required for this project.
12. Pedestrian Circulation
Pedestrian circulation and connectivity with the Town’s network of trails will be
accomplished with the Public Open Space trails. The applicant’s Concept Plan
indicates that the subject site, although gated to limit vehicular access, will be
accessible to pedestrians.
13. Lighting
Compliance with all Town of Westlake ordinances as well as the International
Dark Skies design guidelines is required for this PD. All lighting plans will be
submitted to and reviewed/approved by staff prior to installation.
14. Tree Mitigation
A tree mitigation plan will be submitted and will be reviewed by Town staff for
compliance with Town ordinances. Approval of this Concept Plan is not granting
approval of the tree mitigation plan.
15. Signage
The signage shown on the approved concept plan will be the only signage
allowed other than signs specifically permitted for residentially zoned properties
by other Town ordinances.
16. Utilities (including on and off-site extensions and easement dedications)
Water and sewer utilities for this site are provided by the Town of Westlake. Off-
site water and sewer line extensions to serve the site are the responsibility of the
developer. All on-site electric utility lines, new or existing, will be placed
6
underground. All exclusive franchise utility easements shall be identified on the
preliminary plat and must be approved by the Town.
17. Storm water retention and detention
The drainage plans that will be submitted with the Preliminary Plat will detail how
they will be able to develop the sub-division and, through retention, detention,
and other design features, have the same or lower rate of flow after development
and build-out than is being experienced today or make provisions to handle the
increased flow without negatively impacting downstream properties. Town
engineers will confirm their calculations prior to permitting any infrastructure
improvement work permits
18. Park Land Dedication
The Park Land Dedication requirement for a residential development is one acre
of Park Land for every thirty dwelling units. The development being 10 lots will
be required to dedicate one-third of an acre for Park Land. The concept plan
shows 2.06 acres of open space of which the majority will be publicly accessible
and will be connected to the town’s trail system so the Open Space on the
Concept Plan qualifies to meet the Park Land Dedication requirements.
.
________________________________________________________________
III. STAFF RECOMMENDATIONS
Staff recommends approval of this Zoning Change and Concept Plan as submitted
with the following stipulations:
1. Developer Agreement A Developer Agreement shall be approved prior to the
commencement of construction activities related to the development of the sub-
division.
2. Tree Mitigation: Tree mitigation will be in compliance with Town ordinances and
addressed prior to acceptance of the sub-division and issuance of building
permits unless otherwise stipulated in a Developer’s Agreement.
3. Park Land Dedication: The Park Land Dedication requirement for a residential
development is one acre of Park Land for every thirty dwelling units. The
development being 10 lots will be required to dedicate one-third of an acre for
Park Land. The concept plan shows 2.06 acres of open space of which the
7
majority will be publicly accessible and will be connected to the town’s trail
system so the Open Space on the Concept Plan qualifies to meet the Park Land
Dedication requirements.
4. Sequencing of improvements: All infrastructure improvements both internal
and external to the project along with all landscaping and improvements located
within the open spaces and the right-of-way along Dove Road shall be completed
prior to acceptance of the sub-division.
Ordinance 746
Page 1 of 20
TOWN OF WESTLAKE
ORDINANCE NO. 746
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN
APPROXIMATELY 10.18 ACRE TRACT OF LAND KNOWN AS 1480 DOVE ROAD,
GENERALLY LOCATED IN TARRANT COUNTY, TEXAS; FROM THE USES
PERMITTED IN THE "R1 ESTATE RESIDENTIAL” DISTRICT TO PD 6, A SINGLE
FAMILY RESIDENTIAL DISTRICT WITH A DENSITY OF ONE DWELLLING UNIT
PER ACRE, ALONG WITH THE CUSTOMARY ACCESSORY USES; DEFINING
CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN;
REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES,
BUILDING DESIGN, MINIMUM FLOOR AREA, PARKING, LANDSCAPING,
DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVING A
SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the
"1992 Comprehensive Plan") for the Town; and
WHEREAS, on November 16, 1992, the Town Council (sometimes referred to as the
"Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning
Ordinance (the "Zoning Ordinance"); and
WHEREAS, the Zoning Ordinance has been amended by the Council after receiving
recommendations from the Planning and Zoning Commission (the "Commission"); and
WHEREAS, on September 15, 1997, based on the recommendations of t he Commission,
the Town Council amended the Zoning Ordinance and the subdivision regulations by the
adopting of a Unified Development Code (the "UDC") for the Town; and
WHEREAS, there is located within the corporate limits of the Town an approximately
10.18-acre tract of land (commonly known 1480 Dove Road, being the property located on the
north side of Dove Road between the Glenwyck Farms and Terra Bella subdivisions: and
WHEREAS, because of the size, location, and natural features of the property the
Town's need for public infrastructure, amenities, and services, the Town has a critical interest in
the development of the property and is encouraging such development to the highest possible
standards of quality consistent with the Town's long-term de velopment vision; and
WHEREAS, because further urban growth throughout the region, and other changed
conditions that affect the region, the Town believes there are unique and significant opportunities
for residential uses upon this property that will be consistent with the Town's long-term
development vision; and
Ordinance 746
Page 2 of 20
WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced
through modifications to the development regulations governing the Planning Area, including
modifications to the zoning, subdivision and other standards otherwise applicable under the
UDC; and
WHEREAS, the economic development and land use planning objectives of the Town
will be furthered by the establishment of such planned development district; and
WHEREAS, the Commission and Council held public hearing s upon the application of
Calais Homes, to establish PD6 and amend the zoning regulations for the approximately 10.18-
acre tract of land to a "PD" Planned Development District with single-family residential uses on
January 5th and January 26 th of 2015, after written notice of such hearings having been sent to
owners of real property being within 200 feet of the property and notice being published in a
newspaper of general circulation in the Town, all in accordance with law; and
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town, and developers of land within the Town are best served by
adopting this Ordinance, which the Council has determined to be consistent with the 1992
Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; and
WHEREAS, upon considering the recommendation, for denial, by the Planning and
Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it
is in the best interests of the town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted
by the Town and declared to be true and correct.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake,
Texas, Ordinance No. 202, as amended, is hereby amended by this PD Ordinance, from R1 to
PD 6, the subject property described in Exhibit 1 attached hereto by reference for all purposes.
This Planning Area will be subject to the concept plan, development standards and other
regulations attached hereto as Exhibit 2.
SECTION 3: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this Ordinance since the same would have been enacted by the Town
Council of the Town of Westlake without the incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance 746
Page 3 of 20
SECTION 4: That all provisions of this Ordinance not hereby amended shall remain in
full force and effect.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Five Hundred ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 30th DAY OF MARCH 2015.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
i
EXHIBIT 2
PD 6
ONE ACRE DENSITY
SINGLE FAMILY RESIDENTIAL
ARTICLE I. GENERAL PROVISIONS ................................................................................. 1
SECTION 1 SHORT TITLE .................................................................................................... 1
SECTION 2 PURPOSES ......................................................................................................... 1
SECTION 3 GENERAL DEFINITIONS.................................................................................. 1
Section 3.1 Usage ....................................................................................................... 1
Section 3.2 Words and Terms Defined ........................................................................ 1
SECTION 4 APPLICABILITY OF EXISTING REGULATIONS ........................................... 2
Section 4.1 Applicable Town Ordinances.................................................................... 2
Section 4.2 General Approval Criteria ........................................................................ 2
SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. ................... 3
Section 5.1 PD Concept Plan Limits ........................................................................... 3
Section 5.2 PD Development Plans ............................................................................. 3
Section 5.3 PD Site Plans ............................................................................................ 3
SECTION 6 PARK LAND DEDICATION REQUIREMENTS . ............................................... 3
SECTION 7 TREE MITIGATION REQUIREMENTS………………………………………….3
SECTION 8 DUCT BANK REQUIREMENTS………………………………………………….3
ARTICLE II. USES ................................................................................................................. 4
SECTION 1 LAND USE SCHEDULE .................................................................................... 4
SECTION 2 ACCESSORY USES AND STRUCTURES......................................................... 5
ARTICLE III. DEVELOPMENT STANDARDS ................................................................... 5
SECTION 1 DENSITY ............................................................................................................ 5
SECTION 2 MINIMUM LOT SIZE ........................................................................................ 6
SECTION 3 MINIMUM LOT WIDTH .................................................................................... 6
ii
SECTION 4 MAXIMUM BUILDING HEIGHT ...................................................................... 6
Section 4.1 Maximum building height……………………………………………...…….6
Section 4.2 Exceptions to Height Limitations .............................................................. 6
SECTION 5 MINIMUM BUILDING SIZE ............................................................................. 6
SECTION 6 LOT COVERAGE .............................................................................................. 6
SECTION 7 FRONT YARD SETBACKS............................................................................... 6
SECTION 8 REAR YARD SETBACKS ................................................................................. 7
SECTION 9 SIDE YARD SETBACKS ................................................................................... 7
SECTION 10 SLOPE REQUIREMENTS ................................................................................. 7
SECTION 11 SIGNAGE REQURIEMENTS ........................................................................... 6
Section 11.1 Signs ........................................................................................................ 6
Section 11.2 Exceptions to sign regulations .................................................................. 6
SECTION 12 LANDSCAPE REQUIREMENTS ...................................................................... 6
Section 12.1 Landscape requirements for residential home sites .................................... 6
Section 12.2 Landscape requirements for Common areas .............................................. 6
SECTION 13 LIGHTING STANDARDS ................................................................................. 8
Section 13.1 Street lighting ........................................................................................... 8
Section 13.2 Outdoor lighting regulations ..................................................................... 8
SECTION 14 BUILDING DESIGN ELEMENTS ..................................................................... 9
Section 14.1 Architectural Control Committee ............................................................. 9
Section 14.2 Roofs ........................................................................................................ 9
Section 14.3 Exterior Walls ......................................................................................... 9
Section 14.4 Parking ................................................................................................... 10
Section 14.5 Exterior doors and windows .................................................................. 10
Section 14.6 Mechanical Equipment screening .......................................................... 10
Section 14.7 Accessory buildings ............................................................................... 10
Section 14.8 Driveways and sidewalks........................................................................ 10
Section 14.9 Fencing and gates ................................................................................... 10
SECTION 15 UTILITIES S
Section 15.1 Utilities offsite……………………………………………………………..10
Section 15.2 Franchise utilities ………………………………………………………….11
Section 15.3 Drainage ………………………………………………………………...…11
iii
ARTICLE IV. EXHIBITS .................................................................................................... 10
EXHIBIT 1 Legal Description of PD District
EXHIBIT 2 PD Concept Plans
1
ARTICLE I. GENERAL PROVISIONS
SECTION 1 SHORT TITLE
This ordinance shall be known and may be cited as the "Planned Development 7, Single-Family
Residential Planned Development Zoning District Ordinance.” or simply as the "PD 6
Ordinance".
SECTION 2 PURPOSES
This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for
single-family residential development of the property similar to and compatible with the
neighboring residentially zoned properties.
SECTION 3 GENERAL DEFINITIONS
Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms,
and words shall be used, interpreted and defined as set forth in this Section. Other terms and
words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the
contrary, words used in the present tense include the future tense, and words used in the plural
include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as
permissive.
Section 3.2 Words and Terms Defined
Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations
that are adopted by the Council and that are applicable to development within the PD District or
Planning Area.
Council means the Town Council of the Town of Westlake, Texas.
Commission means the Planning and Zoning Commission of the Town of Westlake, Texas.
Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of
all floors of all buildings on a lot or unified development site measured between the outer
perimeter walls of the buildings excluding (i) area in a building or in a separate structure
(whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies
open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area
excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and
equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone.
Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit,
or other masonry materials approved by the Town.
2
PD Concept Plan means any one or more of the drawings attached to this Ordinance and labeled
"PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD
Ordinance).
PD District means the planned development zoning district or Planning Area established or
amended by this PD Ordinance.
PD Ordinance means this planned development zoning district ordinance, including the PD
Concept Plan.
Planning Area means an area within a Planned Development zoning district, the boundaries of
which have been approved by the Town, which may have Permitted Uses and Development
Regulations that are only applicable to the Planning Area.
Town means the Town of Westlake, Texas.
Town Manager means the Town Manager of the Town of Westlake or his/her designee.
UDC means the Town's Unified Development Code, or the development related chapters of the
Code of Ordinances as amended.
SECTION 4 APPLICABILITY OF EXISTING REGULATIONS
Section 4.1 Applicable Town Ordinances
Except to the extent provided by the PD Concept Plan and this PD Ordinance, development
within the PD 6 Planning Area shall also be governed by the Applicable Town Ordinances for
the R-1 Zoning District. In the event of any conflict between (i) the PD Concept Plan and this
PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the
PD Concept Plan and this PD Ordinance shall control. Except as provided below, in the event of
any conflict between the UDC and the Applicable Town Ordinances, the terms, provisions and
intent of the UDC shall control.
Section 4.2 General Approval Criteria
To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision
regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other
Town employee or consultant, the authority to approve any aspect of development within the PD
District (including, but not limited to, preliminary or final plats or any aspect thereof or any
agreements or permits related thereto) based on conformity with the Town's Comprehensive
Plan, Open Space Plan or Thoroughfare Plan, Master Water and Sewer and Master Drainage
Plans (or with the objectives, goals or policies of such plans), then such authority shall be
exercised to the extent necessary to determine whether the aspect of development being
approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals,
and policies of such plan and ordinance.
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SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS.
Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists
of drawings generally labeled as follows: (1) "Concept Plan". (2) “ Open Space and Trail
improvements.” (3) “Perimeter Wall Plan.” Except as otherwise provided by this PD
Ordinance, each of these drawings is a part of this PD Ordinance, and all graphic depictions
contained on such drawings are considered "regulatory" standards.
A. PD Concept Plan limits The drawing labeled "Concept Plan" identifies the
general boundaries of the PD 6 zoning district . Any information shown on this drawing
that is outside the boundaries of the PD 6 Planning Area is not considered part of the PD
Concept Plan or this PD Ordinance and does not bind or otherwise affect development
within the PD 6 Planning Area other than for the purposes of alignment of improvement s
with existing off-site improvements.
Section 5.2 PD Development Plans A PD Development Plan is not typically required for
single-family residential developments.
Section 5.3 PD Site Plans A PD Site Plan is not typically required for single-family
residential developments.
SECTION 6 PARK LAND DEDICATION REQUIREMENTS
Park Land Dedication requirements shall be in accordance with Town ordinances and shall be
met prior to filing of Final Plats.
SECTION 7 TREE MITIGATION REQUIREMENTS
Tree Mitigation requirements shall be in accordance with Town ordinances and shall be met
prior to the filing of Final Plats.
SECTION 8 DUCT BANK REQUIREMENTS
The Developer shall install a Duct Bank system throughout the subdivision as required by Town
ordinances. The home builder shall tie into the Duct Bank prior to the Final Inspections or
Certificate of Occupancy approval.
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ARTICLE II. USES
SECTION 1 LAND USE SCHEDULE
Buildings, structures, and land within the PD 6 zoning district shall be used only in accordance
with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that
the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use
is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The
symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use
(this does not exclude other land uses which are generally considered accessory to the primary
use). A blank square shall mean that the u se is not allowed by right as a principal or accessory
use.
PD 6 – SINGLE FAMILY RESIDENTIAL
LAND USE SCHEDULE
PERMITTED USES
X=Permitted, A=Accessory Use,
S=SUP
RESIDENTIAL USES
Single Family Detached X
Single Family Zero Lot Line
Single Family Attached
Duplex
Home Occupation (1) X
Servants/Caretakers Quarters A
Temporary Accommodation for
Employees/Customers/Visitors
A
Swimming Pool (Private) A
Detached Garage (Private) A
Sport/Tennis Courts (Private unlit) A
Sport/Tennis Courts (Private lighted) S
INSTITUTIONAL and
GOVERNMENTAL USES
Emergency Ambulance Service X
Post Office (Governmental) X
Telephone, Electric, Cable, and Fiber
Optic Switching Station X
Electrical Substation S
Utility Distribution Lines2 X
Water and Sewage Pumping Station
(below grade) X
Water and Sewage Pumping Station
(above grade) X
Water Storage Tank and Pumping
System (Elevated or Above Grade)
X
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PERMITTED USES
X=Permitted, A=Accessory Use,
S=SUP
Water, Sewer, Electric, and Gas Meters X
Electric Transformers X
Private Streets/Alleys/Drives X
Child Daycare (Private; 7 or more) S
Government Building X
Police Station X
Fire Station X
AMUSEMENT/RECREATION
Park or Playground (Public or Private) X
Satellite Dish S
Non-Commercial Radio Tower S
Recreation Center (Private) X
Hike, Bike, and Equestrian Trails
(Public or Private) X
Temporary Sales Office (3) X
NOTES:
1. As defined by Chapter one of the Town of Westlake Code of Ordinances.
2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility
distribution lines.
3. Limited to period of construction.
SECTION 2 ACCESSORY USES AND STRUCTURES
An accessory use or structure which is customarily incidental to the principal use or structure,
and is located on the same lot or tract of land, shall be permitted as an accessory use without
being separately listed as a permitted use.
ARTICLE III. DEVELOPMENT STANDARDS
SECTION 1 DENSITY
The Gross Density allowed shall be one (1) residential lot per acre of land. Gross Density is
defined in Chapter 1 of the Code of Ordinances as: Density, gross. The words "density, gross"
shall mean density in floor area ratio or dwelling units per acre, inclusive of roadway right -of-
way and dedicated public parks and open space
A maximum of 10 single-family residential lots may be allowed in this PD district..
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SECTION 2 MINIMUM LOT SIZE
The minimum lot size shall be 30,000 square feet.
SECTION 3 MINIMUM LOT WIDTH
The minimum lot width shall be 90 feet measured at the building line.
SECTION 4 MAXIMUM BUILDING HEIGHT
Section 4.1 Maximum Building Height. The maximum height for all structures located on
residential lots shall be two and one-half stories or 28 feet measured to the mid-span of the
highest roof span.
Section 4.2 Exceptions to Height Limitations. The height limits imposed above shall not
apply to (a) chimneys and vent stacks, cupolas, or other architectural features that are not
intended for occupancy or storage; (b) flag poles and similar devices; or (c) structures shown on
the approved concept plan.
SECTION 5 MINIMUM BUILDING SIZE
The minimum building size shall be 4,000 square feet for single story houses and 5,000 square
feet for two story houses.
SECTION 6 LOT COVERAGE
The footprint of the main level of each residence shall not exceed 30% of the entire area of the
lot. Footprint shall not include porches, patios, or other unenclosed areas.
SECTION 7 FRONT YARD SETBACKS
The minimum front yard shall be 40 feet. The Town Manager or his/her designee may approve a
reduction of the required setback or may require an increase in the required setback by a
maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions
including the preservation of old growth trees.
SECTION 8 REAR YARD SETBACKS
The minimum rear yard shall be 40 feet. The Town Manager or his/her designee may approve a
reduction of the required setback by a maximum of ten (10) feet to avoid monotony or to
accommodate unique site conditions including the preservation of old growth trees.
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SECTION 9 SIDE YARD SETBACKS
The minimum side yard shall be 20 feet. The Town Manager or his/her designee may approve a
reduction of the required setback by a maximum of five (5) feet to accommodate unique site
conditions including the preservation of old growth trees.
SECTION 10 SLOPE REQUIREMENTS
The height of non-residential structures within the PD District shall be shown and approved as
part of the Concept Plan.
SECTION 11 SIGNAGE REQUIREMENTS
Section 11.1 Signs The UDC and the Westlake Code of Ordinance shall govern all signage
other than signage shown on the approved Concept Plan
Section 11.2 Exceptions to sign regulation. Signs shown on the approved Concept Plan are
exempt from regulation in the UDC.
SECTION 12 LANDSCAPE REQUIREMENTS
Section 12.1 Landscape requirements for residential home sites.
1. Shrubs or flower beds shall be located in flower beds along the foundation line of all
structures, except where paving is adjacent to the structure, and must extend away from
the foundation a minimum of five (5) feet. No more than seventy-five percent (75%) of
the landscaped area of a front yard may be covered by grass.
2. The landscape requirements of the Roadway Landscape Zones contained within the UDC
are applicable to all residential lots within this Planning Area.
Section 12.2 Landscape requirements for Common Areas
1. Landscaping shown in the common areas on the Concept Plan shall be installed and
maintained by the Developer or the Home Owners Association.
SECTION 13 LIGHTING STANDARDS
All exterior lighting shall be subdued and indirect and comply with Town ordinances as well as
follow Dark Skies Design Guidelines. Nuisance lighting and or glare must be avoided. THE
OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE
NIGHT TIME DARK SKY BY MIMIMIZING THE AMOUNT OF EXTEROR LIGHTING.
TO UTILIZE LOW INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT
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REQUIRED FOR SAFETY AND SUBTLE DRAMA, TO ACHIEVE OUTDOOR LIGHTING
OF PLANT MATERIALS WITH HIDDEN LIGHT SOURCES. THE TOWN OF WESTLAKE
SUPPORTS THE “DARK SKY” PHILOSOPHY AND HAS ADDITIONAL OUTDOOR
LIGHTING REGULATIONS IN THE CODE OF ORDINANCES.
Section 13.1 Street lighting. Street Lighting shall be located at all corners and intersections.
Lights shall be low pedestal type fixtures with fully shielded light sources as approved by the
Town.
Section 13.2 Outdoor lighting regulations. The Outdoor Lighting regulations contained in the
UDC are applicable to this Planning Area with the following additions:
1. Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25
watt incandescent or equivalent lumens.
2. Building walls shall not be illuminated and light from landscape lighting may not
illuminate building walls higher than four (4) above grade.
3. Floodlights are prohibited. Except as allowed in the UDC.
4. All light sources must be fully shielded from view from adjacent property or right -of-
ways. Light sources of 25 watts incandescent or equivalent may be shielded with frosted
or opaque glass.
SECTION 14 BUILDING DESIGN ELEMENTS
Section 14.1 Architectural Control Committee. An Architectural Control Committee shall
be established that has approval authority over house designs prior to submittal for permitting.
The committee shall have three voting members with at least one member appointed by the
Town Manager and at least one member appointed by the developer. The member appointed by
the Town Manager may approve minor variances to any of the Building Design Elements if
he/she feels that the intent of the ordinance has been met .
Section 14.2 Roofs. Roofing materials shall be limited to concrete or clay t ile, slate,
architectural or laminated 35 year warrantied composite shingles, standing seam metal (as accent
roof projections not exceeding 200 sq. ft., or other materials with similar appearance if approved
by the Town. No more than two houses on adjacent lots, fronting on the same street, may have
the same type and color roof material. No more than two houses on adjacent lots may have the
same roof pitch unless one or both roofs have multiple pitches.
Roof slope for the main structure and garage shall have a minimum roof pitch of 8:12, unless
otherwise approved by the Architectural Control Committee. This minimum pitch shall be used
on all roofs except Tuscan and Mediterranean style homes which can have a minimum of 4:12
roof pitch.
Roof design shall include offsets and dormers to break up large expanses of roof area.
9
Section 14.3 Exterior Walls. Exterior walls shall have horizontal and vertical articulation or
architectural features on all elevations.
Acceptable exterior wall materials:
Brick - as an accent limited to 30% of the exterior wall.
Stone
Cast Stone
Stucco – ¾ inch thick minimum and limited to 30% Except Tuscan and Mediterranean style
homes may have up to 100%..
Note: Siding of any type is prohibited for use on walls or chimneys.
Exterior wall coverings materials shall make changes at inside corners only. Every elevation
shall have a minimum of two wall materials or textures. Single wall covering materials may be
approved if architectural features, wall offsets, and enhanced trim around openings are utilized to
limit continuous blank wall areas..
Walls shall not exceed thirty feet in length without an offset of two (2) feet or more unless the
wall area is broken up by architectural elements such as ornate masonry work, changes in
construction material, or openings for windows or doors that are trimmed and recessed a
minimum of three (3) inches.
Section 14.4 Parking. Every house must have a minimum of three enclosed parking spaces.
Section 14.5 Exterior doors and windows. All doors and windows other than those within
court yards shall be recessed a minimum of three inches.
Windows shall be wood and those visible from off-site shall have mullions or muntins.
Primary Entry Doors shall vary in design from house to house. If the same door is used on
houses within the same block, trim, accents or other architectural enhancements shall be used to
create a diverse appearance and maintain the appearance of a custom home neighborhood.
Garage doors shall be made of sectional wood or be wood clad. Aluminum or fiberglass doors
are prohibited.
Garage doors shall be recessed a minimum of six inches.
Front facing garage doors are allowed if located further back on the lot than the side-facing
garage portion, are in a motor court setting, and behind a gate that extends over the driveway.
Section 14.6 Mechanical equipment screening All mechanical equipment and pool
equipment shall be completely screened from view from adjacent properties or right -of-way.
Screening may include landscaping provided the plant sizes are sufficient to provide seventy-five
percent screening at building final.
10
Section 14.7 Accessory buildings Architectural design, wall coverings and roof materials for
accessory structures shall be similar to those used on the primary structure
Section 14.8 Driveways and sidewalks All driveways and sidewalks and parking areas shall
be made of concrete, stone or pavestone. Concrete shall have an exposed aggregate finish, salt
finish, or be stamped and stained. All paving shall be a minimum of one foot from any adjacent
property line.
Section 14.9 Fencing and gates. All fencing shall be masonry or decorative metal. Posts shall
have decorative caps.
SECTION 15 UTILITIES AND DRAINAGE
Section 15.1 Utilities offsite. Water and sewer utilities for this site are provided by the Town of
Westlake. Off-site water and sewer line extensions as well as drainage improvements needed to
serve the site are the responsibility of the developer.
Section 15.2 Franchise Utilities. All on-site electric utility lines, new or existing, shall be
placed underground. All above grade equipment approved by the Town to be placed above grade
shall be screened from view as approved by the Town. All exclusive franchise utility easements
shall be identified on the preliminary plat and must be approved by the Town.
Section 15.3 Drainage. The post development drainage run-off quantities leaving the site shall
not exceed pre-development drainage run-off quantities. This section is applicable to the
subdivision as a whole and to any portion of a buildable lot that drains on to or across another
buildable lot. Drainage inlets and outfalls shall be designed to appear natural and not
engineered.
Exception: Lot to lot drainage run-off is not limited if it is contained within underground piping.
ARTICLE IV. FIGURES
ARTICLE V. EXHIBITS
EXHIBIT 1-A Legal Description of PD District
EXHIBIT 1- B Boundary Map
EXHIBIT 2 Concept Plan
EXHIBIT 3 Wall and Landscape Plan
EXHIBIT 4 Entrance
11
EXHIBIT 1- A Legal Description of PD District
DOVE ADDITION-WESTLAKE
Block: 1 Lot: 1
Town of Westlake, Tarrant County, Texas
12
EXHIBIT 1-B Boundary Map
13
14
EXECUTIVE SESSION
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to
discuss or deliberate regarding commercial or financial information that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or (2) to deliberate
the offer of a financial or other incentive to a business prospect described by Subdivision
(1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as
Entrada and Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss
or deliberate regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have locate, stay, or
expand in or near the territory of the governmental body and with which the governmental
body is conducting economic development negotiations; or (2) to deliberate the offer of a
financial or other incentive to a business prospect described by Subdivision (1). Carlyle
Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not
limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for
water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters
involving pending or contemplated litigation, settlement offers, or other legal matters not
related directly to litigation or settlement. Pending or contemplated litigation and settlement
offers include but are not limited to the following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney
to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with the Chapter including but are not limited to the
following: Legal issues concerning the proposed Comprehensive Plan.
Town of Westlake
Item # 5 –
Executive Session
Town of Westlake
Item # 6 – Reconvene
Meeting
The Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or
deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or
near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to
a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to
Centurion’s development known as Entrada and Granada
b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or
deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or
near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to
a business prospect described by Subdivision (1). Carlyle Development
c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the Chapter including but are not limited to the following: Town of
Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service.
d. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving
pending or contemplated litigation, settlement offers, or other legal matters not related directly to
litigation or settlement. Pending or contemplated litigation and settlement offers include but are not
limited to the following: Trophy Club Municipal District Number 1
e. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the Chapter including but are not limited to the following: Legal issues
concerning the proposed Comprehensive Plan.
Town of Westlake
Item # 7 – Take any
Necessary Action, if
necessary
FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or
Council meeting, under “Future Agenda Item Requests”, an agenda item for a future
Council meeting. The Council Member making the request will contact the Town Manager
with the requested item and the Town Manager will list it on the agenda. At the meeting,
the requesting Council Member will explain the item, the need for Council discussion of
the item, the item’s relationship to the Council’s strategic priorities, and the amount of
estimated staff time necessary to prepare for Council discussion. If the requesting Council
Member receives a second, the Town Manager will place the item on the Council agenda
calendar allowing for adequate time for staff preparation on the agenda item.
- None
Town of Westlake
Item #8 - Future
Agenda Items
Westlake Municipal Offices closed in observance of Good Friday
Friday, April 3, 2015
*Academy is in session due to Bad Weather Make-Up Day
Coffee & Conversation with the Mayor
Monday, April 6, 2015; 8 – 9:30 a.m.
Marriott Solana – Living Room
Westlake MasterWorks Spring Concert
Thursday, April 9, 2015; 7 – 8:00 p.m.
Solana’s Village Circle Courtyard
Limelight – regional favorite, high energy variety band
Westlake Historical Preservation Society History Marker Dedication Day (Circle T Ranch
marker)
Saturday, April 11, 2015; 1:00 p.m.
Southside of Circle T Ranch, along Dove Road – just west of Vaquero and the pedestrian
underpass.
WA Board of Trustees Workshop & Meeting
Monday, April 13, 2015
Westlake Town Hall in Solana – Council Chambers/Courtroom
Westlake Academy Foundation “Run the Ranch” 5K & 1K fun run/walk
Saturday, April 18, 2015; Begins at 8:00 a.m. with walk-up registration at 7:30 a.m.
Coarse runs through the Circle T Ranch in Westlake; Returns after a 10 year hiatus!
Westlake MasterWorks Spring Concert
Thursday, April 23, 2015; 7 – 8:00 p.m.
Solana’s Village Circle Courtyard
Brave Combo – 2x Grammy winning band from Denton, TX!
Town of Westlake
Item # 9 –
Council Calendar
Westlake Annual Arbor Day Celebration – Tree City USA 14th Year in a row!
Saturday, April 25, 2015; 3 – 7:00 p.m.
Town Park in Glenwyck Farms
Future Dates to Note/Calendar:
WHPS Annual Decoration Day
Monday, May 25, 2015
WA Secondary Award Ceremony; 2015 Baccalaureate and Alumni Walkway Ceremony;
Senior Banquet
Friday, May 29, 2015
WA Annual Year End All School Picnic
Friday, June 5, 2015
WA Commencement Ceremony – Hilton Dallas/Southlake Town Square
Saturday, June 6, 2015; 2:00 p.m.
Town of Westlake
Item # 10 –
Adjournment
Back up material has not
been provided for this item.