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06-15-15 TC Agenda Packet
The Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 5 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA June 15, 2015 3 VILLAGE CIRCLE, SUITE 202 2ND FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Workshop Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 5 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE JUNE 15, 2015, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report regarding change in the status of the Drought Contingency Plan 5. DISCUSSION ITEMS a. Discussion regarding a Contract with MESA Planning for Phase 1 Planning Consulting Services for Development of Certain Ordinances to Implement the Town’s Recently Adopted New Comprehensive Plan. (15 min) b. Discussion regarding the Appointment and Reappointment of members to Various Affiliate Boards and the Planning & Zoning Commission. (15 min) c. Present Survey Data regarding the implementation of a Smoking ordinance. (15 min) d. Standing Item: Update and discussion regarding the Granada Development. e. Standing Item: Update and discussion regarding the Entrada Development. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 7. RECONVENE MEETING Page 3 of 5 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. COUNCIL RECAP / STAFF DIRECTION 10. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the May 18, 2015, meeting. b. Consider approval of the minutes from the May 18, 2015, special meeting to Canvass the May 9th General Election. c. Consider approval of Resolution 15-13, Approving an Agreement for $118,612.00 with Child’s Play, Inc., to install new Playground Equipment at the Westlake Academy Campus and Authorize Town Manager to make funding changes not to exceed $25,000.00 on this project. d. Consider approval of Resolution 15-14, Approving a Contract with MESA Planning for Phase 1 Planning Consulting Services for Development of Certain Ordinances to Implement the Town’s Recently Adopted New Comprehensive Plan. e. Consider approval of Resolution 15-15, Authorizing the Town Manager to Execute an Advanced Funding Agreement with the Texas Department Of Transportation for Construction of a Traffic Signal at the FM1938 (Davis Boulevard) and Solana intersection. 4. DISCUSSION AND CONSIDERATION OF A RESOLUTION 15-16, REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; PLANNING AND ZONING COMMISSION; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING CORPORATION – DENTON PROJECT; AND THE WESTLAKE ACADEMY FOUNDATION; AND WESTLAKE HISTORICAL PRESERVATION SOCIETY . 5. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE, APPROVING A ZONING CHANGE FROM R 1 “ESTATE RESIDENTIAL” TO PD-6 “PLANNED DEVELOPMENT - SINGLE-FAMILY RESIDENTIAL DISTRICT KNOWN AS Page 4 of 5 WESTLAKE MEADOWS.” THE SUBJECT PROPERTY IS APPROXIMATELY 8.8 ACRES LOCATED EAST OF SAM SCHOOL ROAD AND NORTH OF THE TOWN LIMITS, FURTHER DESCRIBED AS TRACTS 7A1.7A1A1, 7A2, AND 7B OF THE RP ESTES SUBDIVISION, AND TRACTS 1A, AND 1A1 OF THE JAMES B MARTIN SURVEY. 6. PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION TO APPROVE A PRELIMINARY PLAT FOR APPROXIMATELY 8.8 ACRES LOCATED EAST OF SAM SCHOOL ROAD AND NORTH OF THE TOWN LIMITS, FURTHER DESCRIBED AS TRACTS 7A1.7A1A1, 7A2, AND 7B OF THE RP ESTES SUBDIVISION, AND TRACTS 1A, AND 1A1 OF THE JAMES B MARTIN SURVEY. 7. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 750, APPROVING A ZONING CHANGE AMENDING THE PLANNED DEVELOPMENT REGULATIONS PLANNING AREA 1 OF THE PD1 ZONING DISTRICT (PD1-1). THE PROPERTY IS LOCATED ON BOTH SIDES OF SOLANA PARKWAY AND WEST OF HWY 114, AND IS COMMONLY KNOWN AS THE SOLANA OFFICE PARK. 8. PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 751, AMENDING THE PLANNED DEVELOPMENT SITE PLAN FOR PLANNING AREA 1 OF THE PD1 ZONING DISTRICT (PD1-1). THE PROPERTY IS LOCATED ON BOTH SIDES OF SOLANA PARKWAY AND WEST OF HWY 114, AND IS COMMONLY KNOWN AS THE SOLANA OFFICE PARK. 9. 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 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 10. RECONVENE MEETING 11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 12. 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, Page 5 of 5 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. 13. COUNCIL CALENDAR 14. 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, June 10, 2015, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the May 18, 2015, meeting. b. Consider approval of the minutes from the May 27, 2015, meeting. c. Consider approval of Resolution 15-13, Approving an Agreement for $118,612.00 with Child’s Play, Inc., to install new Playground Equipment at the Westlake Academy Campus and Authorize Town Manager to make funding changes not to exceed $25,000.00 on this project. d. Consider approval of Resolution 15-14, Approving a Contract with MESA Planning for Phase 1 Planning Consulting Services for Development of Certain Ordinances to Implement the Town’s Recently Adopted New Comprehensive Plan. e. Consider approval of Resolution 15-15, Authorizing the Town Manager to Execute an Advanced Funding Agreement with the Texas Department Of Transportation for Construction of a Traffic Signal at the FM1938 (Davis Boulevard) and Solana intersection. Town of Westlake Item # 3 – Review of Consent Agenda Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report regarding change in the status of the Drought Contingency Plan Town of Westlake Item # 4– Reports estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Report regarding change in the status of Drought Contingency Plan STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Preservation of our Natural Beauty People, Facilities, & Technology Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 15, 2015 Completion Date: June 15, 2015 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) As you may recall, Council approved the current Drought Contingency Ordinance 735 at the September 22, 2014 regular Council meeting which adopted the City of Fort Worth’s Drought Plan. Section 94-33of the Town’s Drought Contingency Ordinance states that Westlake will follow/implement the drought measures adopted by the City of Fort Worth and that the Town will provide public notice of the effective dates any time a stage of the plan is elevated or terminated by the City of Fort Worth at the next available regularly scheduled meeting of the Town Council. On May 18, 2015 Tarrant Regional Water District lifted the Stage 1 drought measures based on the following conditions: Drought and Emergency Response Stages Stage 1 – Water Watch Triggering Conditions • Water demand reaches or exceeds 90% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. • Fort Worth’s water treatment or distribution system becomes contaminated. • Fort Worth’s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. • Fort Worth’s water supply system is unable to deliver water due to the failure or damage of major water system components. • TRWD initiated Stage 1 – Water Watch for one or more of the following reasons: o Total raw water supply in TRWD western and eastern division reservoirs drops below 75% (25% depleted) of conservation storage. o Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. o Water demand is projected to approach the limit of TRWD’s permitted supply. o TRWD’s supply source becomes contaminated. o TRWD’s water supply system is unable to deliver water due to the failure or damage of major water system components. o The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 1 drought. Terminating Conditions for Stage 1 Stage 1 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or above 85% for 90 consecutive days, whichever occurs first. Recent rains have put all lakes above capacity; aggregate total is approximately 105%. On May 20, 2015 Town staff notify the Texas Commission on Environmental Quality that we deactivated our drought plan. By contract, we are required to continue twice per week watering as a year round conservation measure and prohibition on watering any day between 10 a.m. and 6 p.m. RECOMMENDATION AND ATTACHMENTS N/A DISCUSSION ITEMS a. Discussion regarding a Contract with MESA Planning for Phase 1 Planning Consulting Services for Development of Certain Ordinances to Implement the Town’s Recently Adopted New Comprehensive Plan. (15 min) b. Discussion regarding the Appointment and Reappointment of members to Various Affiliate Boards and the Planning & Zoning Commission. (15 min) c. Present Survey Data regarding the implementation of a Smoking ordinance. (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 # 5 – Discussion Items estlake Town Council TYPE OF ACTION Workshop- Discussion Westlake Town Council Meeting Monday, TOPIC: Consideration of a Resolution Approving a Contract with MESA Planning for Phase 1 Planning Consulting Services for Development of Certain Ordinances to Implement the Town’s Recently Adopted New Comprehensive Plan. STAFF CONTACT: Tom Brymer, Town Manager Eddie Edwards, Director of Development Services Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications Strategic Initiative Educate Stakeholders about our Development and Environmental Goals Time Line - Start Date: July 2015 proposed Completion Date: 1st Qtr FY15-16 estimated Funding Amount: $90,000 Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) During the process of developing an updated Comprehensive Plan (Comp Plan) from 2013-14, it was pointed out to the Comp Plan Steering Committee, P&Z, and the Town Council, that to implement many of the Comp Plan’s recommendations, some new ordinances and/or changes to our existing ordinances would be required. It is proposed to use the services of a professional planning consultancy for this effort as the Town staff does not have adequate time and resources to perform this work in a timely manner and still provide daily delivery of Town services. This proposed engagement to develop these ordinances and/or ordinance amendments is proposed to be done in four (4) phases of work. It is proposed to use MESA Planning since they are very familiar with the work that needs to be done on the Town’s ordinances to fit with our newly adopted Comp Plan. While all four phases of the consultant’s work are outlined in the proposed contract, this contract only approves the first phase of the consultant’s work which is to: a.) develop the transfer of development square foot (TDSF) mechanism and b.) incorporate it, along with the Comp Plan’s policies, into the Town’s development ordinances known as Chapter 102. Cost of this first phase of consultant work is $90,000. Phases 2-4, which again, would require a separate contract approval by the Town Council, would bring the total cost for all phases of this work to $179,901, including a credit for work approved on MESA’s Comp Plan engagement that was not performed (by mutual agreement). In the proposed contract with MESA, Pages 6 of 17 and 7 of 17 describe the Phase 1 scope of work as well the Phases 2-4 scope of work. Exhibit A to the proposed MESA contract provides further detail on the scope of work for Phase 1. There will be other costs associated with this project. These costs include review of any new or revised ordinances by the Town Attorney and cost to codify any new or revised (amended) ordinances. RECOMMENDATION AND ATTACHMENTS Recommend approval of the attached resolution approving this Phase 1 Contract with MESA Planning. 1. Resolution approving contract with MESA for this engagement as described above. 2. Contract with MESA Planning for this engagement as described above. (see consent section of regular meeting agenda for attachments) estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Discussion regarding the Appointment and Reappointment of members to Various Affiliate Boards and the Planning & Zoning Commission. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 15, 2015 Completion Date: June 15, 2015 Funding Amount: $0.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) Members with expiring terms have been contacted by the Town Secretary and asked to respond as to their desire to continue to serve as a board, commission or committee member. Communications have also been sent out to residents via the Westlake Wire asking for residents to apply for any of the Boards and Commissions vacancies. All current board members that expressed the desire to be reappointed have been listed in the resolution, with exception to the Planning & Zoning Commission, which is under the Item 4 of the regular agenda. The Town did received four (4) applications for the Planning & Zoning Commission. Those applications are attached for your review. (Greg Goble, Ryan Groce, David Kraska, and Sean Killbride) Mr. Groce is currently on the Commission as an Alternate but would like to serve the community as a regular commissioner. Chairman, Bill Greenwood has chosen not to be reappointed. Mr. Greenwood has served on the Planning & Zoning Commission since 1996. Planning & Zoning Commission - 3 exp odd yr / 2 exp even yr Current Member Term Expires Term Expires William Greenwood, Chr June-15 Vacant June-17 Vacant June-16 Vacant June-16 Michelle Lee June-16 Michelle Lee June-17 Liz Garvin June-16 Liz Garvin June-16 Tim Brittan June-15 Tim Brittan June-17 Ryan Groce (Alt 2) - will renew June-15 Vacant (Alt 2) June-17 Sharon Sanden (Alt) June-16 Sharon Sanden (Alt) June-16 Moving Michelle (with her consent) from 2016 to 2017 will meet the ordinance requirements of terms that expire on even and odd years. RECOMMENDATION N/A ATTACHMENTS - Mayor’s memoranda regarding the appointments to the Planning & Zoning Commission - Applications for Greg Goble, Ryan Groce, Sean Kilbride, and David Kraska for the Planning and Zoning Commission - Applications for Becky Fisher and Thomas Miller for the Westlake Historical Preservation Society 3 Village Circle, Suite 202 ~Westlake, Texas 76262 Metro: 817-430-0941 ~ Fax: 817-430-1812 ~ www.westlake-tx.org MEMORANDUM Date: June 10, 2015 TO: Honorable Town Council FROM: Laura Wheat, Mayor SUBJECT: Recommendations for P&Z Appointment It is once again time for the Council to appoint members to the Planning and Zoning Commi ssion, a Council appointed advisory board. I am sad to report that P&Z Chairman Bill Greenwood has requested not to be reappointed, after many, many years of service. In addition to the vacancy created by Bill’s departure, there is one currently open seat on the Commission, with a term expiring in June 2016. In addition, both Tim Brittan (full voting member) and Ryan Groce (an alternate member) have terms that expire this month. Tim has indicated that he desires to be re-appointed, and Ryan has applied to move from an alternate to a full seat. In addition to the interest expressed by Tim and Ryan, we have received excellent applications for the vacant positions. I have reviewed each of these applications and offer the following recommendations to the Council for its consideration for this year’s Council appointments to the P&Z Commission: • Ryan Groce- move Ryan from an alternate to a regular seat on the Commission for a term expiring in June 2017. Ryan has faithfully served as an alternate for some time now and has acquired a great working knowledge of the Commission and its roles and responsibilities\. • Greg Goble- appoint Greg for the current vacancy for a term that expires in June 2016. Greg was an active member of the Steering Committee for the Revised Comprehensive Plan, making wonderful contributions throughout the long, and sometimes difficult, process. • Tim Brittan- reappoint Tim to a term that expires in June 2017. As a former Council Member and having served several terms on P&Z, Tim brings a wealth of knowledge to the Commission. 3 Village Circle, Suite 202 ~Westlake, Texas 76262 Metro: 817-430-0941 ~ Fax: 817-430-1812 ~ www.westlake-tx.org • Ken Kraska- appoint Ken to the alternate positon vacated by Ryan Groce. Ken has been a Westlake resident for over 8 years and served in a planning capacity for the Las Colinas neighborhood in which he lived prior to coming to Westlake. With these appointments as recommended, the P&Z membership would be as follows: Term Expires Ryan Groce June-17 Greg Goble June-16 Michelle Lee June-17 Liz Garvin June-16 Tim Brittan June-17 Ken Kraska (Alt 2) June-17 Sharon Sanden (Alt) June-16 Thank you for consideration of these recommendations. I also wish to thank each of the individuals that applied for a position on this most important Commission. The Town of Westlake is truly blessed to have such interested and talented residents who wish to give of their time to ensure that Westlake remains an oasis amidst an ever expanding urban landscape. APPLICATION FOR APPOINTMENT i This application and its contents is a Public Rekord Town of Westlake * 3 Village Circle, Suite 202 * Westlake Tx 76262 Tel: (817) 430-0941 * Fax (817) 430-1812 www.westlake-tx.org Email: townhall@westlake-tx.org Position Sought (please indicate 1st, 2nd and 3rd choice): Economic Development Corporation F-1 Historical Preservation Society ZPlanning and Zoning Commission FI Texas Student Housing Authority Tree City USA Advisory Committee ❑ Public Art Society of Westlake Westlake Academy Foundation Board F—I Other: Applicant • • Applicants Name: Greg Goble Address: City, State, Zip: Westlake, TX 76262 How Long Have You Lived At This Address? syears Email Address: Home Phone#: Fax#: Work Phone#: Cell# : Occupation, Experience/Degrees held: Owner of Trice Marketing Corp.,a Manufactures Rep f=irm specializing in technical sales to Military&Commercial Aerospace OEM's. 8BA from TCU Why do you want to serve on this committee? 1 served on the Comprehensive Planning Committee and thoroughly enjoyed Learning about the current and future developmental opportunities and challenges for the Town of Westlake. 1 would appreciate the opportunity to to further serve my community with an appointment to the Planning and Zoning Commission. Do you have any political conflicts of interest? 1 am aware of no conflicts of interest. Do you have any related experience? Comprehensive Planning Committee member What do you feel you have to offer this committee? As a business owner for over 20 years 1 have learned to consider all aspects of a given issue for the purpose of deciding the course of action that best supports the organization as a whole. Signature of Applicant: Dated: Office - Only Received By: Date: Application for Appointment 0412010 APPLICATION FOR APPOINTMENT 41 This application and its contents is a Public Record Town of Westlake * 3 Village Circle, Suite 202 * Westlake Tx 76262 TeL (817) 430-0941 Fax (817) 430-1812 www.westlake-tx.org Email: townhall@westlake-tx.org Position Sought (please indicate Ist, 2nd and 3rd choice): Economic Development Corporation F-1 Historical Preservation Society Planning and Zoning Commission FI Texas Student Housing Authority Tree City USA Advisory Committee Public Art Society of Westlake Westlake Academy Foundation Board Other: Applicant Information Applicant's Name: Ryan Grace Address: City, State, Zip: Westlake, TX76262 How Long Have You Lived At This Address? 2.5 years Email Address: Home Phone# : Fax# : Work Phone # : Cell # Occupation, Experience/Degrees held: Financial Planner, bachelors degree Why do you want to serve on this committee? f have a servants heart. 1n addition,1 have an interest in the community and schen! Do you have any political conflicts of interest? No —_ Do you have any related experience? Two years on Paz What do you feel you have to offer this committee? Past P&Z experience,financial and real estate background of 15 years Signature of Applicant: Dated:.�� [LA— Office.Use Only Received By: Date: Application forAppoin£ment 04/2010 APPLICATION FOR APPOINTMENT This application and its contents is o Public Record { r Town of Westlake* 3 Village Circle, Shite 202 * Westlake Tx 76262 Tel: (817) 430-0941 * Fax (817) 430-1812 www.westiake-tx.org Email: townhall@westlake-tx.org Position Sought (please indicate 1st, 2nd and 3rd choice): CID Planning re e _ 4nx-?!st_ _. - ! ?3eet-e -iii tee- .rs —iaa _. Manning and Zoning Commission L Texas Student Housing Authority Tree City USA Advisory Committee F� Public Art Society of Westlake Westlake Academy Foundation Board El Other: Applicant • • A00-1--s NIM _ « ,gam City, State,Zip.- Wei How Long Have You Lived At This Address? 16 months Email Address: Rv,MV+ a� t` M Ip Cell it Occupation, Experience/Degrees held: consulting VMdo y^.�—am±o serve on this -- Do you have any political conflicts of interest? now IlIc-Vo.J have -ertad •a� What do you feel you have to offer this committee? Varietyofezpemncetegardnggowmment Signature of Appp6zaart — Dated: 11 May 2014 Office Use Only Received By: Date: Application for Appointment 04/2010 APPLICATION FOR APPOINTMENT i This application and its contents is a Public Record Town of Westlake * 3 Village Circle, Suite 202 * Westlake Tx 76262 Tel: (817) 430-0941 * Fax (817) 430-1812 www.westiake-tx.org Email:townhalI@westiake-tx.org Position S• • ® '" dicate I st, 2nd and 3rd • Economic Development Corporation ❑ Historical Preservation Society ❑] Planning and Zoning Commission F—I Texas Student Housing Authority Tree City USA Advisory Committee 1-1 Public Art Society of Westlake Westlake Academy Foundation Board El Other: Applicant Inf• • Applicants Name: Kenneth w.Kraska Address: City, State, Zip:_Westlake, TX 76262 How Long Have You Lived At This Address? 8 1/2 Years (1212006) Email Address: Occupation, Experience/Degrees held: BS Engineering/Economics,US Navy Retried,American Airlines Retired Former Captain for Airlines and Contract pilot for Dignitaries and Heads of State for fast 10Years Former Boeing Instructor Why do you want to serve on this committee? 1 wish to preserve the open area lifestyle that Westlake exudes 1 hope to portray some sense of order to the inevitable development of our community. Do you have any political conflicts of interest? None of which 1 am aware. Do you have any related experience? Former Chairman of Las Colinas Architectural review committee !have drawn detailed home plans and understand surveys and technical terms associated with urban planning. What do you feel you have to offer this committee? l offer masonable conservative thoughts on developing our beautiful community. l am also cognizant of the various concerns that arise between landowners and developers as they relate to homeowners and families. Signature of Applicant: Dated: `lune 4, 2015 Office Only Received By: Date: Appffcation for AppointmentW2010 APPLICATION FOR APPOINTMENT This application and its contents is a Public Record Town of Westlake * 3 Village Circle, Suite 202 * Westlake Tx 76262 Tel: (817) 430-0941 * Fax (817) 430-1812 www.westiake-tx.org Email: townhall@westiake-tx.org Economic Development Corporation Historical Preservation Society Planning and Zoning Commission Texas Student Housing Authority Tree City USA Advisory Committee F—I Public Art Society of Westlake Westlake Academy Foundation Board F-1 Other: ME OEM es o e Applicant's Name: Address: City, State, Zip: 'How Long Have YQu Lived At This Address? Email Address: Home Phone#: Fax# Work Phone#: Cell#: i Occupation, Experience/Degrees held: 5 m Why do you want to serve on this committee? Do you have any political conflicts of interest? qIn Do you have any related experience? What do you feel you have to offer this committee? � Signature of Applicant: Dated:�,���` OEM Received By: Date: Application for Appointment 04/2010 APPLICATION FOR APPOINTMENT This application and its contents is a Public Record Town of Westlake * 3 Village Circle, Suite 202 * Westlake Tx 76262 Tel: (817) 430-0941 * Fax (817) 430-1812 www.westlake-tx.org Email: townhall@westiake-tx.org Economic Development Corporation © Historical Preservation Society Planning and Zoning Commission F—I Texas Student Housing Authority Tree City USA Advisory Committee F� Public Art Society of Westlake Westlake Academy Foundation Board ❑ Other: Applicant's Name: yt?M�a� tLL Address:_ City, State, Zip: ",�Le6-r_L o How Long Have You Lived At This Address 1 Email Address: Home Phone#:_ Fax#: Work Phone#: Cell#: Occupation, Experience/Degrees held: Why do you want to serve on this committee? Do you have any political conflicts of interest? },( Do you have any related experience? What do you feel you have to offer this committee? �tt2,1 Signature of Applicant: , Dated: Received By: Date: Application for Appointment 04/2010 Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Discussion regarding an Ordinance Regulating Smoking STAFF CONTACT: Jarrod Greenwood, Director of Public Works/Asst. to the Town Manager DECISION POINTS Start Date Completion Date Timeframe: June 15, 2015 June 15, 2015 Funding: Amount - N/A Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Town staff previously presented an item at the October 20, 2014 Town Council Workshop regarding a public smoking ordinance. During the discussion, Council requested staff to reach out to our corporate stakeholders and survey their interest and level of support for varying degrees of smoking regulation. Overall, our major stakeholders indicated that they would welcome complete regulation within public areas (i.e. parks and trails) and but limited within private property, as seen in the summary of questions and responses below. Justification for limited regulation within each development centered around their need to accommodate international employees and clientele and that they have established designated smoking areas. Do you support a town-wide ban on smoking in public trails and parks? YES Do you support a town-wide ban on smoking in retail (i.e. bars, restaurants…)? YES Do you support designated areas for smoking in retail (i.e. bars, restaurants…)? YES Do you support designated areas for smoking in campus areas? YES Plans for a Smoke free campus? NO Limit smoking a certain distance from entrance? YES We have attached the original memo from the Town Manager and code excerpts from neighboring municipalities originally provided at the October 20, 2014 Workshop. ATTACHMENTS 1. Memorandum from Town Manager - Topics and Issues to Consider When Formulating An Ordinance Regulating Public Smoking 2. Code excerpts from various municipalities. Page 1 of 4 MEMORANDUM Date: October 8, 2014 TO: Honorable Mayor and Town Council FROM: Tom Brymer, Town Manager/Superintendent SUBJECT: Topics and Issues to Consider When Formulating an Ordinance Regulating Public Smoking On May 19, 2014, the Council voted under its meeting procedures to take up for discussion this topic as a Council agenda item (agenda item was submitted by Mayor Wheat). The purpose of the memorandum is to provide the Council with some perspectives on topics and issues for your consideration as you discuss this subject. These topics and issues have arisen during my tenure in cities where the city council has undertaken regulation of public smoking. Purpose of the Regulation Generally speaking, some cities began consideration of limiting public smoking in the 1990’s. Over time, more cities have imposed limitations on public smoking. Those cities that passed no smoking ordinances early on have, in some cases, later amended them to apply to more locations than the original ordinance applied (i.e. an incremental approach such as initially not allowing smoking in restaurants, but smoking being allowed in bars, however, later applying the smoking prohibition to bars as well). Those cities adopting smoking regulations more recently often impose removal of smoking from most public buildings and public areas and they define those areas broadly so the net effect is the elimination of public smoking in most places (i.e. a non-incremental approach). In these deliberations, the question is generally asked (and it is a good question to ask when deliberating formulation of public policy), what is it we are attempting to achieve and why are attempting to achieve it, i.e. what is the goal or end that we wish to attain? As we’ve discussed in our governance discussions, another way to ask this question when considering public policy initiatives is, “what good for what group at what cost” (John Carver, Boards that Make a Difference)? The answer to that question is generally one that focuses on the reduction of exposure to second hand smoke due to its documented adverse health impacts. This exposure to second hand smoke can be for employees, business patrons, Page 2 of 4 or the general public that frequent locations which allow smoking. This in turn often leads to a consensus that, because of second hand smoke, this is a public health issue. And, since cities are generally viewed as being charged with being responsible for protecting the public’s health, safety, and welfare, there often is public consensus that it is appropriate for cities to impose regulations on public smoking. Additionally, health organizations such as the American Cancer Society, the American Lung Association, and the American Heart Association all have taken public positions based on studies as to the adverse health impacts of second hand smoke. Sometimes local chapters of these organizations or local doctors become involved in their communities in advocating to city councils for a public smoking limitation or its complete ban. Counter arguments to the public health justifications for no smoking ordinances (due to the detrimental effect of second hand smoke) often focus on individual rights to smoke. Another counter argument also can be that imposition of no smoking regulations will hurt a particular business or types of business because their patrons will frequent other similar establishments in other cities that allow smoking. Regarding this later argument, it tends to have more weight if adjacent cities do not regulate smoking, but in our case, most, if not all, area cities do regulate public smoking in some manner. Breadth of Regulation Limiting or banning public smoking, while a public policy issue, involves regulation. When imposing regulation a good question to ask is, “how wide do we wish to cast the regulatory net”? As you can see by reviewing the ordinances of nearby cities that regulate public smoking, there is a variation to the degree to which this public smoking limitation is imposed. • Some ordinances prohibit public smoking in any public building and define public building as “any building other that a building used as a private residence”. • Some ordinances include restaurants in the definition of a public building with the definition of a restaurant allowing the serving of alcohol with a valid State license as long as it derives less than 75% of its gross revenue from alcohol sales. • Some ordinances prohibit smoking in all public buildings, including restaurants and bars. • Other ordinances also extend the no smoking prohibition to public parks, hospitals, schools, and municipal buildings. Page 3 of 4 • Some public smoking ordinances allow smoking in a restaurant as long as the smoking area does not exceed 50% of its net floor area and it has an air purification system with a separate ventilation system that does not allow air from the smoking area to be drawn into the non-smoking area. In restaraunts with bars, sometimes smoking is prohibited in the restaurant area, but allowed in the bar area with specified separation distances between the two areas and with the bar having a ventilation system as described above. • Other public smoking ordinances make exceptions and allow for smoking in facilities owned or operated for fraternal, charitable organizations (VFW, Elks Club, etc.). Westlake does not currently have any of these facilities; however, we do have a country club with a restaurant. Generally, smoking is defined in most ordinances as inhaling, exhaling or burning a lighted cigar, cigarette, pipe or other lighted tobacco products. However, in recent years other products that have come on the market such as e-cigarettes have been included in the definition of smoking. Other products have been banned because they have been determined to be illegal (see Keller’s ordinance). Some ordinances contain language that sets a minimum age for the sale of tobacco products within that city. As one can see, a discussion of how broadly to “cast the net” is an important part of the deliberation of limiting public smoking. Process for Formulation of the Policy (i.e. the Ordinance) Thought should be given early on as what process will be used to formulate a proposed public smoking ordinance. This should include considering the extent of public input desired and how it is to be obtained. Options on this can range from Staff formulating a recommended ordinance and bringing it to Council for discussion and deliberation in a public meeting, to having public input meetings with Staff as they work on a draft prior to bringing it to Council. Another item to consider is what type of notice should be given to existing businesses that might be impacted by a smoking regulation ordinance so they have adequate opportunity to provide input. Implementation and Enforcement of the Regulation If a smoking regulation ordinance is adopted, consideration then turns to how residents and businesses will be notified of the regulations. Will there be a “grace period” during which enforcement will be delayed while businesses come into compliance? If smoking in certain types of establishments will be allowed Page 4 of 4 with certain ventilation systems, how long will be given for those systems to be installed, tested, and verified of their correct functionality? Once the ordinance is in effect, how often will businesses in which smoking is regulated and/or prohibited be inspected for compliance? Will enforcement be done on a regular basis or on complaint only basis? What resources are required to enforce the ordinance regulations effectively? The communities I have worked in that have adopted smoking regulations have made every effort to enforce them within existing resources (i.e. not requesting additional resources for enforcement). This has been done by having the initial inspection once the ordinance goes into effect as well as subsequent annual compliance inspections done by the Fire Department as a part of their routine business inspection program. If a complaint is received, the Fire Department sends personnel to investigate and if a violation occurs, issues a citation. Conclusion Formulation and implementation of smoking regulations requires thought, deliberation and dialogue on the issues identified above. The issues above are not intended to be exhaustive. There likely will be other issues as well. But, the issues and topics discussed here are intended to give the Council a good idea of what they will likely need to consider as they deliberate over this public policy matter. It should be noted that as Westlake grows, the number of businesses affected by a public smoking ordinance will likely increase which makes it just that more complex to deal with. Thus, it is timely to consider it now. City of Southlake ARTICLE V. - PUBLIC SMOKING Sec. 10 -151. - Definitions. The following definitions shall apply to this article: Bar or tavern means an establishment that derives 75 percent or more of the establishment's gross revenue from the on-premise sale of alcoholic beverages. Person means any individual. Public building means any building other than a building used as a private residence. If portions of a building are used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building" as used herein shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. The term "public building" includes, but is not limited to, restaurants, bars and taverns. Restaurant means an establishment that primarily serves food prepared in the kitchen of the same establishment for patrons and may serve alcohol with a valid Texas Alcoholic Beverage Commission License as long as the establishment derives less than 75 percent of its gross revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby. Smoke or smoking means inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or form. (Ord. No. 907, § 2, 4-17-07) Sec. 10 -152. - Smoking prohibited in public buildings, or within 12 feet of an entrance or exit to a public building; signs required; and prohibited acts. (a)It shall be unlawful for any person to perform the following acts in any public building in the city or within 12 feet of any entrance or exit to any public building: (1)Smoke, (2)Carry a lighted cigarette, cigar, or tobacco-containing pipe, or (3)Light a cigarette, cigar or tobacco-containing pipe. (b)It shall be unlawful for any owner of any restaurant, bar and tavern to allow the operation of the establishment unless one or more of the following signs have been posted at a location clearly visible to a person entering the establishment: (1)A "No Smoking" sign, or (2)The international "No Smoking" symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it). (c)It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within 12 feet from an entrance or exit to any public building: (1)Ashtrays, (2)Smoking paraphernalia, or (3)Signs that indicate that smoking is permitted. (d)It shall be unlawful for the owner or operator of any public building to allow smoking in such public building in violation of the provisions of this article. (Ord. No. 907, § 2, 4-17-07) Sec. 10 -153. - Pena lty. Any person who violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine of not more than $500.00. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership or cooperation that violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine of not more than $2,000.00. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. No. 907, § 2, 4-17-07) City of Keller They have two separate references to smoking. ARTICLE VI. - ILLEGAL SMOKING PRODUCTS AND INGESTION DEVICES Sec. 10 -800. - Purpose. The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits of the City of Keller. (Ord. No. 1531, § 2, 11-16-10) Sec. 10 -810. - Definitions. The following words and phrases as used in this section shall have the meanings as set forth in this subsection. Illegal smoking product shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, regardless of whether the substance is marked for the purpose of being smoked, which includes any one or more of the following substances or chemicals: (1)Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such plant; or (2)2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-y1) phenol (also known as CP 47, 497) and homologues; or (3)1-Pentyl-3-(1 -naphthoyl) indole (also known as JWH-018); or (4)Butyl-3(1-naphthoyl) indole (also known as JWH-073); or (5)Any products sold, distributed or possessed in the form of incense or herbal smoking blends under the names such at "K-2," "K-2 Summit," "K-2 Sex," "Genie," "Spice," "Dascents," "Zohai," "Sage," "Pep Spice," "Solar Flare," "K-O Knockout 2," "Spice Gold," "Spice Diamond," "Spice Cannabinoid," "Yucatan Fire," "Fire N Ice," "Salvia Divinorum," or related products or chemicals when ingested produce intoxicating effects similar to marijuana. Ingestion device shall mean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the huma n body, including: (1)A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2)A water pipe; (3)A carburetion tube or device; (4)A smoking or carburetion mask; (5)A chamber pipe; (6)A carburetor pipe; (7)An electric pipe; (8)An air -driven pipe; (9)A chillum; (10)A bong; or (11)An ice pipe or chiller. "Person" shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business. (Ord. No. 1531, § 2, 11-16-10) Sec. 10 -820. - Violation. (a)It shall be unlawful for any Person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product. (b)It shall be unlawful for any person to use or possess an Ingestion Device with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product. (c)The culpable mental state required by Chapter 6.02 of the Texas Penal Code, as amended, is specifically negated and dispensed with and a violation is a strict liability offense. (d)Any person, firm or corporation found to be violating any term or provision of this article, shall be subject to a fine of up to five hundred dollars ($500.00), or the maximum amount allowed by law, for each offense. Every day a violation continues shall constitute a specific offense. (Ord. No. 1531, § 2, 11-16-10) Sec. 10 -830. - Affirmative defense. (a)It shall be an affirmative defense for a person charged with an offense for possession or use of an illegal smoking product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. (b)It shall be a primary affirmative defense that the sale or possession by a person of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose. (Ord. No. 1531, § 2, 11-16-10) Sec. 2 -280. - Smoking in municipal buildings or facilities; bleachers in public parks; or grounds or facilities at Keller Sports Park except in the parking lots prohibited. (a)A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any municipal building or facility; bleachers located in public parks; or any grounds or facilities at Keller Sports Park located at 265 Golden Triangle Boulevard except in the parking lots; that are owned, operated or managed by the City of Keller. (b)The department head, so designated in writing by the city manager, having authority over a particular municipal facility or public park shall cause to be posted a conspicuous sign visible from the main entrance of a municipal facility, or a bleacher area, containing the words "NO SMOKING, City of Keller Ordinance." (Ord. No. 653, § 1, 8-20-91; Ord. No. 731, § 1, 2-15-94; Ord. No. 907, § 1, 7-21-98; Ord. No. 1307, § 2, 1-17-06) Sec. 2 -281. - Penalty for violation. Any person, firm or corporation violating any of the provisions of section 2-280 shall be deemed guilty of a misdemeanor and upon final conviction thereof fined an amount not to exceed one thousand dollars ($1,000.00). Each and every day any such violation continues shall be deemed a separate offense and is punishable as such hereunder. (Ord. No. 653, § 2, 8-20-91) Note—See editor's note, § 2-280 City of Roanoke DIVISION 1. SMOKING IN PUBLIC PLACES Sec. 7.301. Definitions. Sec. 7.302. Smoking Prohibited. Sec. 7.303. Restaurants. Sec. 7.304. Exceptions. Sec. 7.305. Violation and Penalty. Sec. 7.301. Definitions. In this division: (a)Air Purification System means an electrically powered hospital grade, hepa media filter that will clean all of the air in a designated smoking area every fifteen (15) minutes as follows: not less than ninety-five (95) percent of three-tenths (0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses and allergens and not less than ninety-five (95) percent removal of gases, vapors, volatile organic compounds (V.O.C.) and odors and contains an air barrier system or other barrier system if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area. (b)Designated Smoking Area means an area which shall not exceed fifty (50) percent of the net floor area; is equipped with an air purification system (defined herein) or has a separate ventilation system (defined herein); air from the smoking area is not drawn across the nonsmoking area; and if required by a licensed professional engineer, is equipped with an air barrier system or other barrier system such as a physical barrier to keep the air from the smoking area from being drawn across the nonsmoking area. (c)Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. (d)Employer means a person who employs the services of one (1) or more individuals. (e)Enclosed Area means a space that is enclosed on all sides by solid walls that extend from the floor to the ceiling, exclusive of windows and doors. (f)Fraternal Organization means a non-profit organization that: (1)Is chartered by a national organization in existence since 1953; (2)Is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (3)Operates under a lodge system with a representative form of government; and (4)Is organized for the exclusive benefit of the members of the organization and their dependents. (g)Public Place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. (h)Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non-tobacco products is incidental. (i)Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form. (j)Ventilation System means a HVAC system designed by a licensed professional engineer to meet the requirements of this article and all other requirements of the City's building code. A ventilation system must provide an air change every fifteen (15) minutes; exhaust the air to the exterior of the building and the air from the smoking area cannot be drawn across the nonsmoking area; and has an air barrier system, if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area. (k)Workplace means an enclosed area in which employees work or have access during the course of their employment. (Ordinance 89-117 adopted 12/5/89 Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.302. Smoking Prohibited. (a)A person commits an offense if the person smokes in a public place. (b)A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (c)A person commits an offense if the person smokes in an enclosed area of a workplace. (Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.303. Restaurants. (a)All restaurants shall be nonsmoking, however a Designated Smoking Area can be furnished provided the Designated Smoking Area complies with subsection (b). (b)A Designated Smoking Area in a restaurant must: (1)Not exceed fifty percent (50%) of the net floor area; (2)Be equipped with an Air Purification System or must have a separate Ventilation System; and (3)Not allow the air from the smoking area to be drawn across the nonsmoking area. (c)A restaurant with a maximum occupancy of fifty (50) seats or less is exempt from the requirements in subsection (a) and (b) provided that the restaurant owner post a sign at the restaurant's entrance that states "A NONSMOKING SECTION IS NOT AVAILABLE." However, an owner of a restaurant with fifty (50) seats or less can choose to comply with the ordinance or designate the entire restaurant as nonsmoking. (d)All enclosed dining areas and break areas, regardless of maximum occupancy, in City buildings are nonsmoking. (e)A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in a nonsmoking area of a restaurant. (Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.304. Exceptions. This division does not apply to: (a)A residential dwelling unit that is used exclusively for a residential use; (b)A hotel or motel room designated as a smoking room and rented to a person; (c)A retail tobacco store; (d)A private or semi-private room in a nursing home or long-term care facility that is occupied by individuals who smoke and have requested in writing to be placed in a room where smoking is permitted; (e)An outdoor area of a workplace that is not in the area described by Section 7.302(c); (f)A bingo facility operated under the Bingo Enabling Act, Chapter 2001 of the Occupations Code, if: (1)An enclosed non -smoking area is provided; (2)The smoking area is mechanically ventilated to prevent smoke from entering a non-smoking area; and (3)No one under the age of eighteen (18) is admitted to the smoking area; (g)A facility operated by a fraternal organization for a charitable, benevolent, or educational function if the premises is controlled by the organization. (Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.305. Violation and Penalty. Violation of any of the provisions of this division shall constitute an offense punishable by a fine as provided for in the general penalty provision found in Section 1.106 of this code. Each day of violation shall be a separate offense. (Ord. No. 2008-126, § 2, adopted 7/22/08) DIVISION 2. OTHER PROHIBITED SUBSTANCES Sec. 7.325. Definitions. Sec. 7.326. Restricted Smoking Materials; Purpose. Sec. 7.327. Sale, Delivery, Offer or Gift. Sec. 7.328. Use or Possession of Restricted Smoking Material. Sec. 7.329. Use or Possession of Restricted Smoking Paraphernalia. Sec. 7.330. Defenses to Prosecution. Sec. 7.331. Offenses and Penalties. Sec. 7.325. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Restricted smoking material shall mean any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparable chemical: (1)Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts; (2)2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues; (3)(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol); (4)1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018); (5)1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or (6)1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081). Products containing some or all of the above substances are currently being marketed under the following commercial names: "K-2," "K-2 SUMMIT," "K-2 SEX," "GENIE," "DASCENTS," "ZOHAI," "SAGE," "SPICE," "KO KNOCK-OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCATAN FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA DIVINORUM." Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this division, regardless of whether they are marketed under alternative names. Restricted smoking material paraphernalia shall mean any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials and may include: (1)A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2)A water pipe; (3)A carburetion tube or device; (4)A smoking or carburetion mask; (5)A chamber pipe; (6)A carburetor pipe; (7)An electric pipe; (8)An air -driven pipe; (9)A chillum; (10)A bong; or (11)An ice pipe or chiller. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.326. Restricted Smoking Materials; Purpose. The purpose of this Division 2 is to prohibit the sale or delivery of restricted smoking materials within the City limits of the City of Roanoke, Texas, and to prohibit the possession of restricted smoking materials within the City limits of the City of Roanoke. Any form of delivery to include a simple gift constitutes a violation of this Division 2. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.327. Sale, Delivery, Offer or Gift. It shall be unlawful for any person to sell, offer to sell, deliver to or to give any restricted smoking material to any person. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.328. Use or Possession of Restricted Smoking Material. It shall be unlawful for any person to have in their possession or to use restricted smoking materials within the corporate limits of the City of Roanoke. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.329. Use or Possession of Restricted Smoking Paraphernalia. It shall be unlawful for any person to have in their possession any restricted smoking paraphernalia with the intent to use it, to ingest, inhale or otherwise consume restricted smoking material. It is a violation of this section, if a person is found in possession of restricted smoking paraphernalia and appropriate forensic testing is done on the paraphernalia showing traces of restricted smoking material are present on the restricted smoking paraphernalia. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.330. Defenses to Prosecution. It shall be a defense to prosecution for a violation of this Division 2 if the use of the restricted smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas. It shall be a defense to prosecution under the terms of this Division 2 if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.331. Offenses and Penalties. (a)Any person who violates any provision of this Division 2 shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00). (b)Every act in violation of this Division 2 shall constitute a separate offense. (c)Unless otherwise specifically set forth herein allegation and evidence of culpable mental state are not required for the proof of an offense of this Division 2. (Ord. No. 2010-121, § 4, adopted 9/14/2010) City of Grapevine Sec. 16 -18. Tobacco and E-cigarette free parks and park facilities. (a)It shall be unlawful for any person to smoke E-cigarettes or tobacco or chew or dip tobacco or snuff at any parks or park facility owned or leased by the city that has been posted: "This park/park facility is tobacco and E-cigarette free." (b)The city council shall by resolution designate any city owned or leased park or park facility as tobacco and E-cigarette free and upon such designation, the city manager or his designee is authorized to post signs giving notice that such action is prohibited in such park or park facility. (c)In this section, "E-cigarette" means any electronic device that is designed to deliver nicotine or other chemicals or substances by creating a vapor or mist that is deliverable to the user through inhalation in the simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e-cigarettes, electronic cigars, e-cigars, electronic pipes, e-pipes, or under any other product name or description. (Ord. No. 2009-25, § 2, 7-21-09; Ord. No. 2014-13, § 2, 3-18-14) Editor's note— Ord. No. 2014-13, § 2, adopted March 18, 2014, amended the title of § 16-18 to read as set out herein. Previously § 16-18 was titled tobacco free parks and park facilities. Highland Park ARTICLE 6.04 SMOKING* Division 1. Generally Secs. 6.04.001–6.04.030 Reserved Division 2. Smoking in Public Buildings Sec. 6.04.031 Definitions The following words, terms and phrases, when used in this division, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bar. An area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term “bar” shall not include the restaurant dining area. Business. Any sole proprietorship, joint venture, corporation or other business entity formed for profit- making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. Child care facility. Any licensed nursery, day-care center, preschool, or other facility engaged in the practice of providing care for children. Health care facility. Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions. Person. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. Public building. The indoor and outdoor areas of any facility owned or operated by the Town, not generally accessible by the public, including but not limited to: (1) The Town Hall and Library facilities, 4700 Drexel Drive; (2) The Department of Public Safety facilities, 4700–4710 Drexel Drive; (3) The Gillon Pump Station facility, 3400 Gillon Avenue; (4) The Town Service Center facility, 5005 Holland Avenue; and (5) The Town Swimming Pool facility, 3801 Lexington Avenue. Public place. Any enclosed area to which the public is invited or in which the public is permitted, not including the offices or work areas not entered by the public in the normal course of business or use of the premises. A private residence is not a public place. Restaurant. Any enclosed area used as a coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees. Retail store. Any sole proprietorship, partnership, joint venture, corporation or other business entity where goods or services are sold or offered for sale. Retail tobacco store. Any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. Service line. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. Smoking. The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, or other combustible tobacco product in any manner or in any form. Sports arena. Any enclosed or unenclosed sports pavilion, gymnasium, health spa, swimming pool, and other similar public place where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. Theater. Any indoor facility primarily used for the exhibition of any motion picture, stage drama, musical recital, dance, lecture or other similar performance. A private residence is not a “theater.” (Ordinance 1685, sec. 2, adopted 3/26/07) Sec. 6.04.032 Smoking prohibited Except as otherwise provided, smoking shall be prohibited in the following places: (1) Elevators. (2) Public forms of transportation, including, but not limited to, buses, vans and taxicabs. (3) Public buildings and public restrooms. (4) Service lines. (5) Retail stores. (6) Public areas of galleries, libraries and museums. (7) Theaters. (8) Sports arenas. (9) Polling places. (10) Child care facilities. (11) Waiting rooms, hallways, wards, and rooms of health care facilities, including, but not limited to: hospitals; clinics; physical therapy, mental health and drug and alcohol treatment facilities; and doctors’ and dentists’ offices. (12) Lobbies, hallways, and other common areas (excluding underground parking facilities) in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple-unit residential facilities. (13) Lobbies, hallways, and other common areas (excluding underground parking facilities) in multiple-unit commercial facilities. (14) Any school or educational institution operated by a business or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural activities. (15) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment or facility. (Ordinance 1685, sec. 3, adopted 3/26/07) Sec. 6.04.033 Smoking in restaurants (a) Smoking is prohibited in indoor restaurants, except as set forth in subsection (b) below. (b) The prohibition set forth above shall not apply to any room or bar of a restaurant which is separately enclosed, provided that said room or bar provides a mechanical ventilation system that is separate and apart from the mechani cal ventilation system for the remainder of the building. (Ordinance 1685, sec. 4, adopted 3/26/07) Sec. 6.04.034 Smoking-optional areas Notwithstanding any other provisions of this division to the contrary, the following areas shall not be subject to the smoking restrictions of this division: (1) Private residences. (2) Bars. (3) Retail tobacco stores. (4) Private clubs and recreation facilities. (5) Private conference and meeting rooms in a hotel or motel while these places are being used exclusively for private functions, provided that in said room there is a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the building. (6) A maximum of forty percent (40%) of hotel and motel rooms, provided that said rooms have a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the building. Each hotel and motel shall designate not less than sixty percent (60%) of their hotel or motel rooms as nonsmoking rooms. The hotel or motel rooms designated as nonsmoking rooms will have signs posted indicating that smoking is prohibited in such rooms and ashtrays removed. (Ordinance 1685, sec. 5, adopted 3/26/07) Sec. 6.04.035 Signs (a) Any person who owns, manages, operates or otherwise controls the use of any premises subject to this division has the responsibility to post properly and to maintain signs required by this division. (b) “Smoking” or “No Smoking” signs, whichever are appropriate, or the international “No Smoking” symbol (a picture of a burning cigarette inside a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, employer or other person in control in every place where smoking is controlled by this division. (c) Any owner, manager, operator or employer of any establishment controlled by this division shall, upon either observing or being advised of a violation of section 6.04.032, have the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance. (Ordinance 1685, sec. 6, adopted 3/26/07) Sec. 6.04.036 Enforcement The Town shall require, while an estab lishment is undergoing otherwise mandated inspections, that the owner, manager, operator or other person having control of such establishment demonstrate that all requirements of this division have been met. (Ordinance 1685, sec. 7, adopted 3/26/07) Sec. 6.04.037 Violations and penalties (a) It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to regulation under this division to fail to comply with any of its provisions. (b) It shall be unlawful for any person to smoke in any area where smoking is prohibited under this division. (c) Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code. (d) Each day a violation shall continue shall constitute a separate offense. (Ordinance 1685, sec. 8, adopted 3/26/07) Standing Item: Update and discussion regarding the Granada Development. Town of Westlake Item # 5d – No Supporting documentation Standing Item: Update and discussion regarding the Entrada Development. Town of Westlake Item # 5e – No Supporting documentation EXECUTIVE SESSION a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites. Town of Westlake Item # 6 – Executive Session Town of Westlake Item # 7 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites Town of Westlake Item # 8 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #9 Council Recap / Staff Direction Town of Westlake Item # 10 – Workshop Adjournment 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 May 18, 2015, meeting. b. Consider approval of the minutes from the May 18, 2015, special meeting. c. Consider approval of Resolution 15-13, Approving an Agreement for $118,612.00 with Child’s Play, Inc., to install new Playground Equipment at the Westlake Academy Campus and Authorize Town Manager to make funding changes not to exceed $25,000.00 on this project. d. Consider approval of Resolution 15-14, Approving a Contract with MESA Planning for Phase 1 Planning Consulting Services for Development of Certain Ordinances to Implement the Town’s Recently Adopted New Comprehensive Plan. e. Consider approval of Resolution 15-15, Authorizing the Town Manager to Execute an Advanced Funding Agreement with the Texas Department Of Transportation for Construction of a Traffic Signal at the FM1938 (Davis Boulevard) and Solana intersection. Town of Westlake Item # 3 – Consent Agenda Town Council Minutes 05/18/15 Page 1 of 5 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 18, 2015 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Alesa Belvedere, Carol Langdon, and Wayne Stoltenberg. ABSENT: Rick Rennhack OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards, Town Attorney L. Stanton Lowry, , Fire Chief Richard Whitten, Finance Director Debbie Piper, Director of Facilities and Parks & Recreation Troy Meyer, Jason Power Director of Information Technology, Communications & Community Affairs Director Ginger Awtry, Director of Human Resources & Administration Services Todd Wood, and Susan McFarland, Communications Specialist. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 7:02 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE MAY 18, 2015, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. Town Council Minutes 05/18/15 Page 2 of 5 3. DISCUSSION ITEMS a. Discussion of the naming policies for Town owned facilities and guidelines from the Arts & Sciences Project. Director Meyer provided an overview of the current policies. Discussion ensued on opportunities for honoring Mrs. Barbara Brizuela with a memorial of some type around the flag pole. Mrs. Brizuela began the tradition of morning Flag at the academy. b. Standing Item: Update and discussion regarding the Granada Development. No substantial updates. Discussion ensued regarding the completion of the sidewalk and water features along the trail system. c. Standing Item: Update and discussion regarding the Entrada Development. No substantial updates. Discussion ensued regarding the construction impacted by the wet weather and on-going construction meetings on Tuesday to review guidelines as established by ordinance. 4. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Town Council Minutes 05/18/15 Page 3 of 5 Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 5. RECONVENE MEETING 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. COUNCIL RECAP / STAFF DIRECTION No additional direction provided. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 7:11 p.m. Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 7:11 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSENT AGENDA a. Consider approval of the minutes from the April 27, 2015, meeting. b. Consider approval of Resolution 15-11, Appointments to Westlake Academy Foundation. c. Consider approval of Ordinance 749, Approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Town Council Minutes 05/18/15 Page 4 of 5 Corp., Mid-Tex Division Regarding the Company’s 2014 and 2015 Rate Review Mechanism Filings. MOTION: Council Member Langdon made a motion to approve consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 4. CONDUCT A PUBLIC HEARING AND CONSIDER RESOLUTION 15-12, A PRELIMINARY PLAT OF THE PROPERTY ADDRESSED AS 1480 DOVE ROAD, DIVIDING THE EXISTING LOT INTO EIGHT (8) RESIDENTIAL LOTS THAT ARE ALL ONE-ACRE OR MORE IN SIZE. Town Manager Brymer provided an overview of the item as recommended for approval by the Planning and Zoning Commission. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Resolution 15-12. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 5. EXECUTIVE SESSION The Council convened into executive session at 7:14 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners - Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071 (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. Town Council Minutes 05/18/15 Page 5 of 5 c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites. 6. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:21 p.m. 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken as a result of executive session. 8. FUTURE AGENDA ITEMS No future agenda items. 9. COUNCIL CALENDAR 10. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Langdon made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:21 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 15, 2015. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 05/18/15 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 18, 2015 PRESENT: Mayor Laura Wheat and Council Members, Alesa Belvedere Carol Langdon, and Wayne Stoltenberg. Michael Barrett arrived at 5:11 p.m. ABSENT: Rick Rennhack OTHERS PRESENT: Town Secretary Kelly Edwards, Town Finance Director Debbie Piper, Jason Power Director of Information Technology, Communications & Community Affairs Director Ginger Awtry, Director of Human Resources & Administration Services Todd Wood, and Susan McFarland, Communications Specialist. Special Session 1. CALL TO ORDER Mayor Wheat called the special session to order at 5:08 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. Town Council Minutes 05/18/15 Page 2 of 2 3. DISCUSSION AND CONSIDERATION OF ORDINANCE 748, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 9, 2015, FOR THE ELECTION OF THREE (3) COUNCIL MEMBERS TO TERMS EXPIRING MAY 2017. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 748. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 4. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. Mayor Wheat administered the Oath of office to Council Member Langdon and Stoltenberg. 5. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE. MOTION: Council Member Stoltenberg made a motion to elect Council Member Langdon as Mayor Pro Tempore. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0-1. Council Member Langdon abstained. 6. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 5:12 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 15, 2015. ATTEST: _____________________________ Laura Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, May 18, 2015 TOPIC: Consider approval of a Resolution approving the agreement for $118,612.00 with Child’s Play, Inc to install new playground equipment at the Westlake Academy campus and authorize Town Manager to make funding changes not to exceed $25,000.00 on this 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: June 15, 2015 Completion Date: August 31, 2015 Funding Amount: $145,000 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) In 2003 the first playground equipment was installed on the east side of the Westlake Academy campus which was designed for K-5 grade students. Over the past 12 years the Academy has increased its enrollment in the K-5 grades and is in need of additional playground equipment to accommodate this growth and help develop eye hand coordination, enhance decision making skills, and offer opportunities for physical, social, & psychological growth. Staff received three quotes for playground equipment providers and selected Child’s Play Inc. Child’s Play is the recommended suppler for the Burke playground equipment manufactured by BCI Burke out of Fond du Lac, Wisconsin. The specific design chosen has 22 play events. Nine of these events are elevated and 13 can be accessed at ground level which exceeds the ADA Accessibility Guidelines. This design encourages play and interaction between children with all abilities in one play area. The play events chosen on this structure will develop eye hand coordination, enhance decision making skills, and offer opportunities for physical, social, & psychological growth. Through physical fitness perspective this design will strengthen the entire body including upper body groups, core muscle groups, and lower body muscle groups. For the upper body the design offers both static and non-static types of overhead activities. The Burke Structure will also come with a Physical Fitness curriculum which can be used in P.E. classes at the playground. The playground equipment team made up of teachers, PYP principle and staff received quotes from Game Time and Recreation Consultants of Texas, LLC. The team selected Child’s play to provide the playground equipment for the Westlake Academy Campus. RECOMMENDATION AND ATTACHMENTS Staff recommends approving the agreement for $118,612.00 with Child’s Play, Inc to install new playground equipment at the Westlake Academy Campus. Funding in the amount of $145,000 was approved in the FY14-15 Municipal Budget in the Maintenance/Replacement Fund. Attachments: See consent item attachments Resolution 15-13 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 15-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE AGREEMENT FOR $118,612.00 WITH CHILD’S PLAY, INC., TO INSTALL NEW PLAYGROUND EQUIPMENT AT THE WESTLAKE ACADEMY CAMPUS AND AUTHORIZE TOWN MANAGER TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and WHEREAS, the new playground equipment will develop eye hand coordination, enhance decision making skills, and offer opportunities for physical, social, & psychological growth of the students in grade K-G5; and WHEREAS, approving the agreement with Child’s Play, Inc., to install new playground equipment at the Westlake Academy Campus; and WHEREAS, the Council finds that the passage of this Resolution is in the best interest of the citizens of the Town of Westlake, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters and recitals stated hereinabove are found to be true and correct and are incorporated herein by reference as it copied in their entirety. SECTION 2: That , the Town Council of the Town of Westlake, Texas, hereby approves the agreement with Child’s Play Inc. attached to this resolution as Exhibit “A”, and authorizes the Town Manager to execute the contract on behalf of the Town of Westlake. SECTION 3: That the Town of Westlake Town Council hereby authorizes the Town Manager to approve change orders to this agreement up to $25,000.00 in the aggregate, on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-13 Page 2 of 2 SECTION 5: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15TH DAY OF JUNE 2015. ATTEST: _____________________________ Carol Langdon, Mayor Pro Tem ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 15-XX Page 1 of 3 AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the 15th day of _June_ in the year 2015, by and between the Town of Westlake, Texas (hereinafter called OWNER) and Child’s Play, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, shipping, materials, equipment, and incidentals for the Westlake Academy Expansion Phase I which include installing of all security systems listed in the scope. All manufacture and warranty information must be provided in three ring notebook and CD. Article 2. CONTRACT TIME. 3.1. CONTRACTOR agrees to commence work within five (5) days after the date of written notice to commence work, and to complete the work on which he has bid within eighty (80) working days as provi ded in the General Conditions. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work completed during the previous month on the first day of the month. CONTRACTOR shall present only one Application for Payment each month. Applications for Payment will be processed by OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. Article 5. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of one (1) year from the date of the repair and to maintain said work in good repair and condition for said term of one (1) year. CONTRACTOR binds itself to repair or replace the furnishing in whole or in part at any time within said period, if, in the opinion of the owner, it be deemed necessary. Resolution 15-XX Page 2 of 3 6.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ARCHITECT and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b ) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 6.4. In any and all claims against OWNER or ARCHITECT or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 7. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 7.1. Proposal 7.2. This Agreement 7.3. Performance Bond and Payment Bond 7.4. General Conditions There are no Contract Documents other than those listed above in this Article 7. Article 8. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. Article 9. MISCELLANEOUS. 10.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2. In no event shall either OWNER or CONTRACTOR be liable to the other party hereto for special, Resolution 15-XX Page 3 of 3 indirect, incidental, or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages. OWNER and CONTRACTOR each binds itself, its partners, successors, assignees and legal representatives to the other party hereto, its partners, successors, assignees and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed Three (3) copies of the Agreement. Two counterparts each have been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the 15th day of June, 2015. OWNER: CONTRACTOR: Town of Westlake, Texas ___________________________________ By: _____________________________ By: ________________________________ Laura Wheat, Mayor ATTEST: ________________________ ATTEST: ___________________________ Kelly Edwards, Town Secretary Address for giving notices: 3 Village Circle, Suite 202 Westlake, Texas 76262 (If OWNER is a public body, attach resolution authorizing execution of Agreement. ) ________________________ (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) estlake Town Council TYPE OF ACTION Workshop- Discussion Westlake Town Council Meeting Monday, TOPIC: Discussion of a Contract with MESA Planning for Phase 1 Planning Consulting Services for Development of Certain Ordinances to Implement the Town’s Recently Adopted New Comprehensive Plan. STAFF CONTACT: Tom Brymer, Town Manager Eddie Edwards, Director of Development Services Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Increase Transparency, Accessibility & Communications Strategic Initiative Educate Stakeholders about our Development and Environmental Goals Time Line - Start Date: July 2015 proposed Completion Date: 1st Qtr FY15-16 estimated Funding Amount: $90,000 Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) During the process of developing an updated Comprehensive Plan (Comp Plan) from 2013-14, it was pointed out to the Comp Plan Steering Committee, P&Z, and the Town Council, that to implement many of the Comp Plan’s recommendations, some new ordinances and/or changes to our existing ordinances would be required. It is proposed to use the services of a professional planning consultancy for this effort as the Town staff does not have adequate time and resources to perform this work in a timely manner and still provide daily delivery of Town services. This proposed engagement to develop these ordinances and/or ordinance amendments is proposed to be done in four (4) phases of work. It is proposed to use MESA Planning since they are very familiar with the work that needs to be done on the Town’s ordinances to fit with our newly adopted Comp Plan. While all four phases of the consultant’s work are outlined in the proposed contract, this contract only approves the first phase of the consultant’s work which is to: a.) develop the transfer of development square footage (TDSF) mechanism and b.) incorporate it, along with the Comp Plan’s policies, into the Town’s development ordinances known as Chapter 102. Cost of this first phase of consultant work is $90,000. Phases 2-4, which again, would require a separate contract approval by the Town Council, would bring the total cost for all phases of this work to $179,901, including a credit for work approved on MESA’s Comp Plan engagement that was not performed (by mutual agreement). In the proposed contract with MESA, Pages 6 of 17 and 7 of 17 describe the Phase 1 scope of work as well the Phases 2-4 scope of work. Exhibit A to the proposed MESA contract provides further detail on the scope of work for Phase 1. There will be other costs associated with this project. These costs include review of any new or revised ordinances by the Town Attorney and cost to codify any new or revised (amended) ordinances. RECOMMENDATION AND ATTACHMENTS The purpose of this workshop item is to present this recommended scope of work and have representatives from MESA present to answer questions of the Council about this proposed initiative. 1. Resolution approving contract with MESA for this engagement as described above. 2. Contract with MESA Planning for this engagement as described above. Resolution 15-14 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 15-14 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A CONTRACT WITH MESA PLANNING FOR PHASE 1 PLANNING SERVICES OF A POTENTIAL 4 PHASE ENGAGEMENT RELATED TO DRAFTING NEW ORDINANCES AND/OR ORDINANCE AMENDMENTS NECESSARY TO IMPLEMENT THE TOWN’S RECENTLY ADOPTED COMPREHENSIVE PLAN. WHEREAS, the Westlake Town Council adopted a new Comprehensive Plan on March 2, 2015 with passage of Ordinance No. 747; and, WHEREAS, the Westlake Town Council has identified as a high strategic priority the drafting of new ordinances and amendment of existing ordinances that facilitate the implementation this new Comprehensive Plan; and, WHEREAS, the Westlake Town Council desires to utilize the services of a professional planning services firm familiar with its Comprehensive Plan to provide these ordinance drafting services; and, WHEREAS, the Town Council has budgeted funding in the FY 14-15 Proposed Budget for th is purpose; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby approves the attached Contract with MESA Planning for planning services related to drafting new ordinances and amendments to existing ordinances for implementation of the Town’s Comprehensive Plan that was adopted March 2, 2015, with said contract for planning services attached hereto as Exhibit “A” to this resolution; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisio ns hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-14 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15 TH DAY OF JUNE, 2015. ATTEST: _____________________________ Carol Langdon, Mayor Pro Tem ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Agreement Between: Owner and Architect Page 1 of 17 Document No. OAB101 (modified) Page 1 of 17 Contract Agreement Date: August 26, 2013 BETWEEN MESA Planning (hereinafter identified as the Architect) and Town of Westlake, Texas (hereinafter identified as the Owner): The Owner: Town of Westlake Owner’s Representative- Thomas E. Brymer, Town Manager Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76202 and the Architect: MESA Planning 11700 Preston Road Suite 660-229 Dallas, Texas 75230 for the following Project: Westlake, Texas, Comprehensive Plan Update The Owner and Architect agree as follows. Agreement Between: Owner and Architect Page 2 of 17 Document No. OAB101 (modified) Page 2 of 17 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION 9 MISCELLANEOUS PROVISIONS 10 COMPENSATION 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and the Scope of Work set forth in Exhibit “A” incorporated into Section 12.2 of this agreement: § 1.2 The Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: July 20, 2015 .2 Substantial Completion date: November 31, 2015 § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect’s services and the Architect’s compensation if agreed to by both parties. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in Section 12.2 of this Agreement. § 2.2 The Architect does not represent that they are providing the services of an attorney and shall perform its services (described herein) consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 Robin H. McCaffrey AIA,F AICP is a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain Professional Liability insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse Agreement Between: Owner and Architect Page 3 of 17 Document No. OAB101 (modified) Page 3 of 17 the Architect for any additional cost. The Architect’s liability policy shall be a claims made policy in an amount not less than $1,000,000 per occurrence and $1,000,000 annual aggregate ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Scope of Work consists of those Work Tasks described in Section 12.2 of this agreement as Exhibit “A” and Exhibit “C”. Said services under this contract can be generally described as comprehensive plan implementation and policy services. Said services do not include any architectural design service. § 3.1.1 The Architect shall manage the Architect’s services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or informatio n. § 3.1.3 The Architect shall perform the work in accordance with the timeline contained in Section 12.2 of this agreement as Exhibit “B”. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Services requested, but not specifically included in the scope of services described in Exhibit “A” (such as additional meetings not specified in the task description), will be considered additional services. Modifications to the instruments of service, after approval by Owner, as a result of changes requested by Owner will be considered additional services and billed at an hourly rate as follows: Principal $185.00 Associate-Planning $130.00 Associate Landscape Architecture $130.00 Project manager $110.00 Designer-Planner $ 90.00 Graphics/ Marketing/ Administration $ 75.00 Engineer $220.00 Financial Consultant $240.00 Principal Mosaic $200.00 Both the Owner and the Architect will agree to which billing rate specific parties are assigned for billing purposes. § 4.2 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to hourly fees specified in Section 4.1 and an appropriate adjustment in the Architect’s schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the Additional Services until the Architect receives the Owner’s written authorization. Additional Services include: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner’s request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure Agreement Between: Owner and Architect Page 4 of 17 Document No. OAB101 (modified) Page 4 of 17 of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital data for transmission to the Owner’s consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Services necessitated by the owner’s decision to extend property owner r eview and input beyond the meetings specified for such review and input in Section 12.2 of this agreement. .8 Preparation for, and attendance at, a public presentation, meeting or hearing, other then those specified in Exhibit “A”; .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; .12 Assistance to the Initial Decision Maker, if other than the Architect. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project.. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information to the extent the Owner has such information and to the extent such information is such information is not available elsewhere and the information is necessary and relevant for the Architect to complete the Project. § 5.2 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 When requested, the Owner shall furnish any available City materials related to ordinance considerations described in Exhibit “A” such as a history of previous amendments and issues related to code administration. § 5.4 Upon request The Owner shall furnish all Plans, Studies, Ordinances, Policies, Surveys, and / or regulations regarding the city codes, code enforcement, or development policy. § 5.5 The Owner shall furnish any useful base maps, previous ordinance/ code documents, legal opinions, digital map files, development proposals, and/ or zoning submittal documents in the possession of the Owner and as requested by the Architect. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants to the extent those agreements or services are applicable to the Scope of Work in this Agreement, as determined by the Owner. The Owner shall furnish the instruments of service of consultants other than those designated in this Agreement when the Architect requests such information and demonstrates that they are reasonably required by the scope of the Project. ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 6.2 The Architect and the Architect’s consultants shall release all rights as the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, which shall be considered a Work for Hire, and shall belong to the Town. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights of the Town. However, nothing in this section prohibits the Architect and the Architect’s consultants from utilizing summaries and provisions of the Instruments of Service, including the Drawings and Specifications, required by the Owner under this contract, for sales and marketing purposes. Agreement Between: Owner and Architect Page 5 of 17 Document No. OAB101 (modified) Page 5 of 17 § 6.3 Upon execution of this Agreement, the Architect grants to the Owner a non-exclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of using, maintaining, altering and adding to the Instrument of Service, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the City Staff and others as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service. If the Architect rightfully terminates this Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3 shall terminate. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 GENERAL § 7.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. § 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 7.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 8.7. § 7.2 MEDIATION § 7.2.1 Any claim dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a Petition or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be a trial in the District Court of Tarrant County, Texas pursuant to Section 7.3 of this Agreement ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. Agreement Between: Owner and Architect Page 6 of 17 Document No. OAB101 (modified) Page 6 of 17 § 8.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 The Owner or Architect may terminate this Agreement for their convenience and without cause upon not less than seven days’ written notice and their mutual consent to do so. § 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 8.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 6 and Section 10.9. ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 This Agreement shall be governed by the law of the place where the Project is located. § 9.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other. § 9.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.5 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 9.6 Subject to the provisions contained in Section 6.2, the Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. § 9.7 If the Architect or Owner receives information specifically designated by the other party as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 10 COMPENSATION § 10.1 For the Architect’s Basic Services described in Exhibit “A”, the Owner shall compensate the Architect and total fee as follows: PART ONE: High Priority Ordinance Initiatives $90,000* 1.1 The Transfer of Development Square Footage Mechanism 1.2 Integrating TDSF and Comp Plan Policies into Chapter 102 PART TWO: Reorganization and Formulation of a Unified Development Code (to be authorized upon Town approval of subsequent contract) $75,000 2.1 Redistribution 2.2 Reference to, coordination with, and integration of 2015 Comprehensive Plan 2.3 Coordination with Engineer providing updated reference to Codes and Standards Agreement Between: Owner and Architect Page 7 of 17 Document No. OAB101 (modified) Page 7 of 17 PART THREE: Other Ordinances (to be authorized upon Town approval of subsequent contract) $30,000 3.1 Building Quality Ordinance 3.2 Revised Sign Ordinance PART FOUR: Review and Adoption (to be authorized upon Town approval of subsequent contract) $8,300 4.1 Legal Review 4.2 Staff Review 4.3 Codification 4.4 Adoption Subtotal including the $23,399 remaining in Comprehensive Plan Contract $203,300 Fee Amount less $23,399 from the Comprehensive Plan Contract $179,901 *Fee for Part One including the $23,399 remaining in Comprehensive Plan Contract $90,000 § 10.2 For Additional Services, the Owner shall compensate the Architect in accordance with the following hourly fee schedule: Principal MESA Planning $185.00 Associate-Planning $130.00 Associate Landscape Architecture $130.00 Project manager $110.00 Designer-Planner $ 90.00 Graphics/ Marketing/ Administration $ 75.00 Engineer $220.00 Financial Consultant $240.00 Principal Mosaic $200.00 Both the Owner and the Architect will agree to which billing rate specific parties are assigned for billing purposes. § 10.3 Compensation to the Architect shall be on a progress billing basis in which the Owner will be invoiced based on the percent of any Task (as described in Exhibit “A”) completed at the time of the invoice. § 10.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 10.8.1 Expenses not included in this proposal. The following expenses are in addition to compensation for Basic and Additional Services, are subject to cap shown in Section 10.8.2, and include only actual proven expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Fees paid for securing approval of authorities having jurisdiction over the Project, or other permit/ registration fees; .3 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .4 Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; [Unless this provision is applicable to this contract, take it out) .5 All taxes levied on professional services and on reimbursable expenses; § 10.8.2 Reimbursable Expenses stated above shall be authorized by the Client prior to payment Agreement Between: Owner and Architect Page 8 of 17 Document No. OAB101 (modified) Page 8 of 17 § 10.9 PAYMENTS TO THE ARCHITECT § 10.9.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable within 45 days after presentation of the Architect’s invoice. § 10.9.3 The Owner shall not withhold amounts from the Architect’s compensation as a deferred payment or to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 10.9.4 If the Owner fails to make payments to the Architect in accordance with this agreement, such failure shall be considered substantial non-performance and cause for termination or, at the Architect’s option, cause for suspension of performance of service under this agreement. If the Architect elects to suspend service, prior to suspension of services, the Architect shall give seven (7) days written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension As agreed to by Owner. § 10.9.5 Records of Reimbursable Expenses shall be provided prior to receiving reimbursement. Expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner within 5 calendar days after request. ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: § 11.1 Not included are the following: a. Utility Design Engineering (water, sewer, storm, electrical, cable, telephone, etc.) b. Illustrative plans, models and drawings not specifically described in the Scope of Services c. TDLR Submittal d. As Built Drawings e. Architectural Public Facility Space Needs Assessment f. Legal Review § 11.2 The Architect may subcontract consultants in the performance of any services described in this agreement(with Owner approval). Approved sub-contractors include Gresham Smith and Partners, RCLCO, Mosaic, Ashley Shook, and Eli Pearson. § 11.3 The Architect does not act as a General Contractor or Prime Contractor in any way, or accept responsibility, for poor workmanship on the part of others that are not part of this consultant team. § 11.4 The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Architects in Texas. Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337; tele: 512.305.9000; fax: 512.305.9005; e-mail: www.tbae.state.tx.us. § 11.10 The Architect shall indemnify and hold the Owner harmless from and against any and all loss, claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury arising directly from or out of the negligent performance of the Work. The Architect shall not be required, however, to indemnify any party against a claim arising from the willful misconduct or negligence of that party. § 11.11 Should any provision contained in this Agreement for any reason be held to be void, invalid, illegal or unenforceable, such determination shall not affect any other provision hereof and this Agreement shall be considere d as if the entirety of such void, invalid or unenforceable provision had never been contained in this Agreement. § 11.12 Notification to either party by the other that is required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: Agreement Between: Owner and Architect Page 9 of 17 Document No. OAB101 (modified) Page 9 of 17 Town of Westlake: Thomas E. Brymer, Town Manager Town of Westlake 3 Village Circle, Suite 202 Westlake, TX 76262 Phone: 817-490-5720 MESA Planning: Robin McCaffrey AIA, FAICP MESA Planning 11700 Preston Road, Suite 660-299 Dallas, TX 75230 Phone: 214-535-7484 ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 12.2 This Agreement is comprised of the following documents listed below: .1 Document OAB101, Agreement Between Owner and Architect .2 Exhibit “A” Scope of Work to be done by MESA for Town, attached hereto and incorporated herein and MESA’s Proposal, which is attached hereto and incorporated herein. .3 Exhibit “B” Timeline This Agreement entered into as of June 20, 2015. OWNER (Signature) ARCHITECT (Signature) Thomas E. Brymer, Town Manager Robin H. McCaffrey AIA, AICP, Senior Principal Town of Westlake Agreement Between: Owner and Architect Page 10 of 17 Document No. OAB101 (modified) Page 10 of 17 This Page Blank Agreement Between: Owner and Architect Page 11 of 17 Document No. OAB101 (modified) Page 11 of 17 EXHIBIT “A” SCOPE OF SERVICES: Introduction: Based on the feedback gathered at the meeting in April, the Team recommends breaking this project down into phases. The first phase will position the Town to embark upon a Transfer of Development Square Footage Growth Management strategy (as described in the 2015 Comprehensive Plan) and will ensure that Chapter 102 of the Westlake Code of Ordinances is consistent with the future Land Use element of the Forging Westlake Comprehensive Plan Update. Therefore, Part One is the Scope of this Contract. Other Phases are presented herein for full disclosure to the Town regarding additional contract elements necessary to attain a Unified Development Code, Special Ordinance Elements, and Adoption of the Code Revisions. These elements will be authorized by subsequent contract as the Town determines such additional scope elements to be timely. Part One: High Priority Ordinance Initiatives. Part one of this proposal focuses on the most urgent ordinance initiatives and comprises the full work scope authorized under this contract. These include formulation of the Transfer of Development Square Footage (TDSF) mechanism, needed to manage pending development growth within limits established by the recently adopted Comprehensive Plan, and revisions to Chapter 102 of the existing Code of Ordinances, needed to implement certain comprehensive policies. 1.1 Formulating the Transfer of Development Square Footage (TDSF) Mechanism: Due to the level of future traffic saturation (as a result of current entitlements) the Comprehensive Plan recommends attaining increased non-residential density in the future by moving non-residential square footage from areas where build-out will likely be (or should be) less than the FAR permitted by current PD Ordinances (called Sending Areas) to areas where market responsive build-out would likely exceed the FAR permitted by current PD Ordinances (called Receiving Areas). This Task sets out the work required to formulate a Transfer of Development square Footage Mechanism. 1.1.1 Comparable Ordinance Research and determination of Ordinance Structure most appropriate for Westlake: It is in the interest of the Town to formulate a TDSF ordinance that is built from existing ordinances which have proven effective. Therefore, the Ordinance Team will review comparable ordinances and summarize their applicability to Westlake. The TDSF Ordinance for Westlake will be built from the basic features of one or more of these documents. 1.1.2 Creation of a TDSF Zoning Suffix and increases/decreases to commercial square footage through TDSF without re-zoning: Establishing procedures and Agreement Between: Owner and Architect Page 12 of 17 Document No. OAB101 (modified) Page 12 of 17 classification for establishment of “Planned Development” as the primary zoning classification in Westlake, thereby setting up transition from the existing Euclidean entitlements to a Planned Development designation in which relations to the TDSF process are recognized. 1.1.3 Establishing the sending and receiving thresholds and clarifying links to the Comp Plan documents and how such documents are to be used: Establishing the relationship of the sending and receiving areas and/ or the sending/ receiving areas (as established by the 2015 Westlake Comprehensive Plan) to the evaluation and review procedures of the TDSF. Here, thresholds of maximum and minimum transfer will be established and the extent to which a potential Sending Area or Receiving Area status is effected by execution of TDSF within it. 1.1.4 Clarifying execution of incentive exchange rate: The primary intent of the TDSF is to promote and incentivize private implementation of public development goals as stated in the 2015 Westlake Comprehensive Plan. Therefore, the extent to which incentives effect the rate of exchange applied to any TDSF and the procedures by which incentives are determined as appropriate/ merited as well as approved, will be established. 1.1.5 Clarifying the replacement of residential use for relocated commercial square footage in certain circumstances: The TDSF program has particular relevance to implementation of the Housing Plan element of the 2015 Westlake Comprehensive Plan. Therefore, particular attention will be paid to the means by which exported commercial square footage can and should be replaced by residential units and the target densities that are possible with such a conversion. Also, the process by which conversion proposals are evaluated and approved will be identified. 1.1.6 Establishing process of monitoring and tracking density increases and decreases: It is important that the TDSF program be accompanied by a clear monitoring and tracking system and that any increases in density over the density established by planned development ordinances is documented for permitting purposes. Therefore, such monitoring and tracking systems will be developed. 1.1.7 Establishing standards for documentation and submittal: It is essential to maintenance of a defensible and fair execution of the TDSF program that the materials reviewed by staff and the approving bodies be standardized. Therefore, submittal requirements will be developed as determined necessary. 1.1.8 Establishing the process for Certificate of Appropriateness: The TDSF program will likely be accomplished through a zoning suffix designation (which will identify sending and/ or receiving areas). Under the suffix designation, import or export Agreement Between: Owner and Architect Page 13 of 17 Document No. OAB101 (modified) Page 13 of 17 of commercial square footage will require a Certificate of Appropriateness (CA) before any building permit can be issued. Therefore, the process for application, review and consideration of a CA will be established. 1.1.9 Working with major property owners: Presentations to assembled property owners will be made at 2 points in the work process (to be determined in conjunction with Town Staff) for the purpose of receiving property owner comment and input. 1.1.10 Working with the Town Attorney and Town Staff: Consultation with, and review by, the Town attorney is essential. Therefore, the Ordinance Team will coordinate such review with the Town Attorney (working under existing contract with Westlake) as well as review and discussions with the Town Staff. See meetings below. 1.2 Integrating the TDSF Mechanism into the existing Chapter 102 of the Code of Ordinances: Once the TDSF Mechanism is formulated it must be reconciled with Chapter 102 and where it is combined with other applicable recommendations/ policies of the Forging Westlake 2015 Comprehensive Plan. 1.2.1 Inclusion and reference in Chapter 102: The current zoning chapter will be revised in order to facilitate implementation of the Growth Management Policies established in the Forging Westlake, 2015 Comprehensive Plan Update. The revisions will consider the Town's condition of being 100% zoned and more than 75% of that zoning is Planned Development. Therefore, the intent of this revision to support the Transfer of Development Square Footage Growth Management Strategy which seeks to allow redistribution of entitlement(in lieu of rezoning) and maintenance of a general overall vehicular trip generation so that future Levels of Service (on roadways and at intersections) can be maintained at levels acceptable to the Town. Therefore, revision of the Zoning Chapter will preserve existing land use tables and categorical standards but will investigate transition of all non-residential categorical zoning to a PD (such as the office component of the Margaret Lee Property) in an effort to maintain a uniform baseline upon which the Development Square Footage Transfer Mechanism can work. The revision of the Zoning Chapter will seek to make any future rezoning of categorical zoned non-residential land a Planned Development only and minimum content for such Planned Development will be established as well as the relationship between content of any future Planned Development and the Character Districts/ Land Use Plan established by the Comprehensive Plan. All revisions of the Zoning Chapter will be for the purpose of pointing to and supporting the Transfer of Development Square Footage Ordinance. 1.2.2 Inclusion and reference in other chapters: Just as Chapter 102 will need to be amended, other references to current zoning and/ or zoning procedures that conflict with Agreement Between: Owner and Architect Page 14 of 17 Document No. OAB101 (modified) Page 14 of 17 or inhibit implementation/ execution of the TDSF as described above will be reconciled with the redefinition of zoning for Westlake and the use of TDSF as the primary mechanism for density increases in the future. 1.1 and 1.2 Deliverables: The following is a summary of the deliverables that will be provided to the Town through the course of Tasks 1.2 and 1.3: Creation of a TDSF Ordinance: An ordinance to be set into its own Chapter or Article or Division (as determined by the Ordinance Team). This ordinance instrument will be reviewed by the Town Attorney and Town Staff and appropriate revisions made by the Ordinance Team. Amendments to Chapter 102: Amendments as required to integrate the TDSF mechanism and integrate the applicable growth management policies of the Forging Westlake 2015 Comprehensive Plan. Part One Meeting Sessions: There are a total of three meeting sessions and a joint work session anticipated for Tasks 1.1 and 1.2. Each session will include at a minimum one meeting with the Project Coordination Team. At least one of these meetings will include Westlake Commercial Property owners most affected by the TDSF Ordinance. Other meetings will be with the Town Staff and Town Attorney as key questions of increasing development square footage without rezoning are addressed. A summary of the content of each has been included below. Session #1: Town Attorney and Town Staff to discuss the intent and the purposes of the TDSF initiative and identify the key issues of application. Session #2: Town Attorney and Town Staff to review preliminary design of the TDSF process and administration. Session #3: Major Commercial Property owners to review the preliminary TDSF mechanism and provide input. Presentation: Presentation to a joint work session of the Town Planning Commission and Town Council. NOTE: Parts Two and Three (as generally described below) will be initiated by a separate contract between MESA Planning and the Town of Westlake. Part Two: Reorganization and Formulation of a Unified Development Code: It is desirable for a Town faced with the high level of development now pending to establish a unified development code where all regulations regarding development can be placed for uniform application and management. 2.1 Redistribution: The Ordinance Team will reorganize the Chapters, Articles, Sections, and/or Divisions of the existing Westlake Code of ordinances (as well as the currently adopted Agreement Between: Owner and Architect Page 15 of 17 Document No. OAB101 (modified) Page 15 of 17 planned Development Ordinances) into a three volume framework. This portion of the work scope does not include new content, only reorganization according to the Code three volume structure as follows: The General Ordinances: These will be various ordinances containing regulations/ standards/ guidelines not related to land or building development. This includes such Chapters as “Taxation” and “Traffic and Vehicles” as well as various Sections within Chapters (such as Sections within Chapter 14: Animals). This will include the general powers of boards and commissions as well as standard procedures except zoning, platting, and permitting. The Unified Development Code: All Chapters and/ or Articles/ Sections/ Divisions within other chapters that present a regulation, process, standard, and/or guideline affecting land or building development will be gathered into the Unified Development Code Volume, where possible. Those Articles/Sections/ Divisions not able to be so relocated shall be referenced. The intent of reorganization and referencing as described above) is to deposit all regulation/processes/standards/ guidelines related to land or building development in one central subdivision of the Westlake Code of Ordinances. Currently, the “Unified Development Code” is a sub-section of the Community Development Chapter and does not address development standards or provisions. Part of the reorganization will be to remove Ch 26 Article II Unified Development Code from the general code of ordinances and restore it to its original form. It will be a separate volume that houses the standards and provisions used to regulate development in the Town of Westlake, including building, zoning and subdivision regulation and/or reference to other codes and/or reference to guidelines (where deemed appropriate). The Planned Development Ordinances: All currently approved Planned Development ordinances and current exhibits associated with those ordinances will be organized into a Planned Development Volume. This volume will also contain the various tabulations of the Planned Development content, identifying which Chapters, Sections, and/ or Divisions of the Unified Development Code are amended by them. Task 2.2: Reference to, coordination with, and integration of the 2015 Comprehensive Plan Update. Amendment to the Reorganized Westlake Code of Ordinances (Part One, above) will be made in order to replace references to plan documents, policies, and/ or maps that are now replaced upon adoption of the Forging Westlake, 2015 Comprehensive plan Update. In addition, places within the reorganized code will be created as necessary to reference and integrate the Policies section o that Plan. Finally, additional development review processes will be created where necessary to accomplish the intent of the plan, implement Transfer of Development Square Footage as envisioned by the plan and the Development Review Checklist as presented in the Plan. Task 2.3: Coordination with Engineer providing updated reference to Codes and Standards. Agreement Between: Owner and Architect Page 16 of 17 Document No. OAB101 (modified) Page 16 of 17 The Ordinance Team will work with the Town’s engineering consultant, charged with updating references to various studies, codes, plans, guidelines, and standards within the Westlake Code of Ordinances. The Ordinance Team will identify where existing references that need to be considered as well as identify places (within the Code) where new references need to be provides or new standards/guidelines need to be formulated. Part Three: Other Ordinances 3.1 Building Quality Ordinance: Establish a regulatory element within the reorganized Code of Ordinances which speaks to residential building quality. Materials, workmanship, typical construction assemblies, and discipline of design will be addressed through standards, criteria and procedures. The purpose of this element is to assure that future residential construction in Westlake will compliment and support the quality of design and value now present within the Town. 3.2 Revised Sign Ordinance: Using the Character Districts set forth in the 2015 Comprehensive Plan Update, the Planning Team will create a revised Sign Ordinance that establishes Sign Districts and sets standards for sign types by district. In this revised ordinance, signs within the Regional Commercial Sign District would be subject to different standards than signs within the Community Commercial Sign District. Part Four: Review and Adoption 4.1 Legal Review: The Ordinance Team will work closely with the Town Attorney who will provide on-going legal review and comment. 4.2 Staff Review: The Ordinance Team will work closely with the Town Staff who will provide on-going legal review and comment. 4.3 Codification: The Ordinance Team will work with Muni-Code and the Town to facilitate final codification. 4.4 Adoption: The Ordinance Team will make presentations as to Commission and Council through the process of considering these ordinances and ordinance revisions. Agreement Between: Owner and Architect Page 17 of 17 Document No. OAB101 (modified) Page 17 of 17 EXHIBIT “B”: PROJECT TIMELINE Project Timeline July Aug Sept Oct Nov Dec Jan Feb Mar Apr Part One 1.1 TDSF 1.2 Chapter 102 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Authorize the Town Manager to execute an Advanced Funding Agreement with TxDOT for the construction of a traffic signal at the FM 1938-Solana intersection. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Conduct Neighborhood Meetings and Discussions Time Line - Start Date: June 15, 2015 Completion Date: June 15, 2015 Funding Amount: $157,540.50 Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The Entrada PID engineering design and funding included a traffic signal at the intersection of FM 1938 and Solana Blvd. The developer’s engineer has designed the signal to meet the Town’s standards (i.e. lighting, powder coating). As you know, FM 1938 is a TxDOT road and therefore, we are working with them to include this signal work in their existing signal construction work. RECOMMENDATION AND ATTACHMENTS Staff recommends approval Exhibit A - Resolution Exhibit B - TxDOT Advanced Funding Agreement Resolution 15-15 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 15-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT THE FM 1938 AND SOLANA INTERSECTION. WHEREAS, the Town Council finds that signalization of the intersection benefits commuters and citizens and is in the best interest of residential and corporate citizens; and WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing streets to travel; and WHEREAS, the Town Council finds that the proposed agreement with the Texas Department of Transportation is necessary for the construction of the traffic signal at the FM 1938 and Solana intersection; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That , the Town Council of the Town of Westlake, Texas, hereby approves the agreement with the Texas Department of Transportation, in the amount of $157,540.50 for the construction of a traffic signal at the FM 1938 and Solana intersection attached here to as Exhibit “A”; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-15 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15TH DAY OF JUNE 2015. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 15-15 Resolution 15-15 Resolution 15-15 Resolution 15-15 Resolution 15-15 Resolution 15-15 Resolution 15-15 Resolution 15-15 Resolution 15-15 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Discussion and Consideration of a Resolution Appointing and Reappointing Various Affiliate and Planning & Zoning Commission Members. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations 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: June 15, 2015 Completion Date: June 15, 2015 Funding Amount: 0.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) Members with expiring terms have been contacted by the Town Secretary and asked to respond as to their desire to continue to serve as a board, commission or committee member. Communications have also been sent out to residents via the Westlake Wire asking for residents to apply for any of the Boards and Commissions vacancies. All current board members that expressed the desire to be reappointed have been listed in the resolution. RECOMMENDATION N/A Page 2 of 2 ATTACHMENTS Resolution that will be completed with appointees as directed. Resolution 15-16 Page 1 of 5 TOWN OF WESTLAKE RESOLUTION NO. 15-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; PLANNING AND ZONING COMMISSION; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING CORPORATION – DENTON PROJECT; AND THE WESTLAKE ACADEMY FOUNDATION; AND WESTLAKE HISTORICAL PRESERVATION SOCIETY, AND RESOLVING RELATED MATTERS. WHEREAS, the Town Council conduct annual board appointments and reappointments at a June meeting; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. 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 following individuals are hereby appointed/reappointed to the 4B Economic Development Board: Term Expiration Laura Wheat, Mayor June 2015 Carol Langdon, Council Member June 2015 Michael Barrett, Council Member May 2015 Rick Rennhack, Council Member June 2015 David Brown, Non-Council Member June 2015 Gregg Malone, Non-Council Member June 2015 Vacant, Non-Council Member June 2015 As a result of the appointments heretofore stated, the 4B Economic Development Board is represented by the following: Term Expiration Laura Wheat, Mayor June 2017 Carol Langdon, Council Member June 2017 Michael Barrett, Council Member June 2017 Rick Rennhack, Council Member June 2017 Resolution 15-16 Page 2 of 5 David Brown, Non-Council Member June 2017 Gregg Malone, Non-Council Member June 2017 Vacant, Non-Council Member June 2017 SECTION 3: THAT the following individuals are hereby appointed reappointed to the Planning and Zoning Commission: Term Expiration William Greenwood June 2015 Tim Brittan June 2015 Liz Garvin June 2016 Vacant June 2016 Michelle Lee June 2016 Sharon Sanden (Alternate member) June 2016 Ryan Groce (Alternate member No. 2) June 2015 As a result of the appointment s heretofore stated, the Planning and Zoning Commission is represented by the following: Term Expiration Vacant June 2017 Tim Brittan June 2017 Liz Garvin June 2016 Vacant June 2017 Michelle Lee June 2017 Sharon Sanden (Alternate member No. 1) June 2016 Vacant (Alternate member No. 2) June 2017 SECTION 4: THAT the following individuals are hereby reappointed to the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Corporation – College Station Project; Term Expiration Jim Carter June 2014 Gregg Malone June 2014 Scott Bradley June 2014 George Ledak June 2015 Tracy Schornack June 2014 Vacant June 2015 Liz Garvin June 2015 As a result of the appointments heretofore stated, the Texas Student Housing Authority, the Texas Student Housing Authority, and the Texas Student Housing Corporation – Denton Project, are represented by the following: Term Expiration Resolution 15-16 Page 3 of 5 Jim Carter June 2016 Gregg Malone June 2016 Scott Bradley June 2016 Vacant June 2017 Tracy Schornack June 2016 Vacant June 2017 Vacant June 2017 SECTION 5: THAT the following individuals are hereby appointed/reappointed to the Westlake Academy Foundation Board of Directors: Term Expiration Ken Gorden June 2015 Sean Shope June 2017 Zan Jones June 2017 Jeff Watson June 2017 Karen Stoltenberg June 2016 Vacant June 2016 Vacant June 2015 Leah Rennhack June 2017 Rebecca Neidich June 2014 Vacant June 2017 Bill Greenwood June 2017 Deborah Kraska June 2017 Kevin Hansen June 2017 Andrew Grieser June 2017 Andy Sedino June 2017 As a result of the appointment s heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Karen Stoltenberg June 2016 Vacant June 2016 Andrew Grieser June 2016 Kevin Hansen June 2016 Debra Kraska June 2016 Sean Shope June 2017 Zan Jones June 2017 Jeff Watson June 2017 Vacant June 2015 Leah Rennhack June 2017 Vacant June 2017 Deborah Kraska June 2017 Kevin Hansen June 2017 Resolution 15-16 Page 4 of 5 Vacant June 2017 Vacant June 2018 Andy Sedino June 2018 Wendy Greenwood June 2018 Deanna Titzler June 2018 SECTION 6: THAT the following individuals are hereby appointed/reappointed to the Westlake Historical Preservation Society: Term Expiration Stephen Thornton June 2016 Paula Thornton June 2016 Vacant June 2015 Vacant June 2015 Daniel Zipperlen June 2015 Jon White June 2015 Wanda Brewster June 2015 Robert Meyer June 2016 Laurel Mason June 2016 Staff Liaison- Town Manager or his appointee As a result of the appointment heretofore stated, the Westlake Historical Preservation Society, is represented by the following: Term Expiration Stephen Thornton June 2016 Paula Thornton June 2016 Becky Fisher June 2018 Thomas Miller June 2018 Daniel Zipperlen June 2018 Jon White June 2018 Wanda Brewster June 2018 Robert Meyer June 2016 Laurel Mason June 2016 Staff Liaison- Town Manager or his appointee SECTION 7: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall no t affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-16 Page 5 of 5 SECTION 8: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15th DAY OF JUNE 2015. ATTEST: _____________________________ Carol Langdon, Mayor Pro Tem ______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney Page 1 of 3 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Monday, June 8, 2015 Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Conduct a public Hearing and consider an application for: Z-10-03-14; Zoning Change from R 1 “Estate Residential” to PD-6 “Planned Development - Single-family Residential District known as Westlake Meadows.” The subject property is approximately 8.8 acres located east of Sam School Road and north of the town limits, further described as tracts 7A1.7A1A1, 7A2, and 7B of the RP Estes subdivision, and tracts 1a, and 1A1 of the James B Martin Survey. The property is located along the southern border of Westlake, extending from Sam School Road to Hwy 114. The lots will be located along the north side of a roadway that is part of the Southlake Meadows sub- division being developed in the City of Southlake, north of Dove Road and east of Sam School Road. 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 Page 2 of 3 Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 8, 2015 Completion Date: June 15, 2015 Funding Amount: Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The property is currently zoned R1 “Estate Residential” which requires a minimum lot size of one acre. The property is located adjacent to, and north of, the Southlake Meadows subdivision in Southlake. Southlake Meadows is a 77 acre, 105 lot residential sub-division with lots ranging in size from just under 16,000 sq. ft. to just over 30,000 sq. ft.. 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 PD Ordinance proposed for this property has incorporated enhanced design st andards to maintain the higher quality housing product recommended in the recently approved Comprehensive Plan. The Concept Plan includes a publicly accessible but privately maintained Open Space area that will have a trailhead parking area and a hike and bike trail that connects the Westlake trail system to the Southlake trail system. RECOMMENDATION The applicant has requested that this case be tabled until the August 3, 2015 Planning and Zoning Commission meeting. The Planning and Zoning Commission unanimously voted to continue the Public Hearing until August 3, 2015. ATTACHMENTS: 1. VICINITY MAP Page 3 of 3 Vicinity Map Located along the southern border of Westlake, extending from Sam School Road to Hwy 114. Page 1 of 4 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Monday, June 8, 2015 Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Public hearing and consideration of a resolution to approve a preliminary plat for approximately 8.8 acres located east of Sam School Road and north of the town limits, further described as tracts 7a1.7a1a1, 7a2, and 7b of the RP Estes subdivision, and tracts 1a, and 1a1 of the James B Martin survey. The property is located along the southern border of Westlake, extending from Sam School Road to Hwy 114. The lots will be located along the north side of a roadway that is part of the Southlake Meadows sub- division being developed in the City of Southlake, north of Dove Road and east of Sam School Road. 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: June 8, 2015 Completion Date: June 15, 2015 Page 2 of 4 Funding Amount: Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) RECOMMENDATION The applicant has requested that this case be tabled until the August 3, 2015 Planning and Zoning Commission meeting. The Planning and Zoning Commission unanimously voted to continue the Public Hearing until August 3, 2015. ATTACHMENTS: 1. VICINITY MAP Page 3 of 4 Vicinity Map Located along the southern border of Westlake, extending from Sam School Road to Hwy 114. Page 4 of 4 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Monday, June 8, 2015 Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Conduct a public Hearing and consider an application for: Z-05-01-15; Zoning change amending the Planned Development regulations and the Planned Development Site Plan for Planning Area 1 of the PD1 zoning district (PD1-1). The property is located on both sides of Solana Parkway and west of Hwy 114, and is commonly known as the Solana Office Park. 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: June 8, 2015 Completion Date: June 15, 2015 Funding Amount: Status - Not Funded Source - N/A Page 2 of 2 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The proposed amendment adds Section 12 “Signs” to the ordinance that regulates the PD 1 zoning district. It will pertain only to the portions of PD1 that are not in Planning Areas that have their own sign regulations specific to the Planning Area. PD1-2 and PD 1-3, the Entrada and Granada developments, do contain their own sign regulations. The proposed amendments provide regulations that will allow approval of sign permits for signage similar to what was included in the Solana signage and entryway updating plans presented as informational items to the Planning and Zoning Commission and Town Council during workshops held a few months ago. The Solana development was originally zoned and developed as a single-user complex with some accessory or support users mixed in. Over the years since IBM moved out, the buildings have been leased to multiple tenants, and the expectations are that it will be occupied by an ever growing mix of office and retail tenants which will increase the demand for various types of signage. RECOMMENDATION The Planning and Zoning Commission unanimously voted recommend approval of the PD ordinance amendment. ATTACHMENTS: Amending Ordinance with exhibits Ordinance 750 Page 1 of 23 TOWN OF WESTLAKE ORDINANCE NO. 750 AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; ADDING SECTION 12 “SIGNS”; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Town Council of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Town Council of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on November 16, 1992, based upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas amended the Comprehensive Zoning Ordinance with Ordinance 202, creating “PD-1”, and WHEREAS, an analysis of the Town’s codes and regulations has determined that an amendment to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, on June 08, 2015, the Planning and Zoning Commission of the Town of Westlake has recommended that Ordinance 202, as amended, be revised in accordance with the procedures and processes established in the Code of Ordinances for the Town; and 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 found to be true and correct. SECTION 2: That Ordinance 202 (“PD-1”), as amended, of the Town of Westlake, Texas be amended by adding Section 12 to read as shown in Exhibit 1, attached. SECTION 3: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Ordinance 750 Page 2 of 23 SECTION 4: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 5: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 15th DAY OF JUNE 2015. _____________________________ ATTEST: Carol Langdon, Mayor Pro Tem ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 750 Page 3 of 23 EXHIBIT “1” Section 12. Signs. The regulations of this Section shall apply to all exterior signs in PD1 unless differing regulations are contained within a specific Planning Area, in which case the Planning Area regulations shall govern. A. DEFINITIONS. In this section, the following words and phrases have the meanings respectively ascribed to them by this section: (1) ATTACHED SIGN means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade). (2) DIRECTOR means the director of the Department of Planning and Development. (3) MONUMENT SIGN means a detached sign applied directly onto a grade-level support structure (instead of a pole support) with no separation between the sign and grade. (4) MOVEMENT CONTROL SIGN means a sign that must direct vehicular or pedestrian movement onto or within this district and may include the identification of any area or service or the name or logo of any premise located in this district. (5) PEDESTRIAN MOVEMENT CONTROL SIGN means a sign providing information about any of the following: (A) The name, trade name, or logo of the owner or occupant of any premise within this district. (B) The identification of any premise within this district. (C) Any accommodations, services, or activities offered or conducted, other than incidentally, on any premise within this district. (D) Pedestrian directional information. (E) Campus maps and other orientation information. B. GENERAL PROVISIONS 1. Sign Permits. Except as otherwise provided herein, a sign permit issued in accordance with the procedures set forth in the UDC is required before any sign is erected or displayed. All sign permits shall be for a specific location, and any relocation shall require a new permit. 2. Lighting and Materials. (a) For horizontal monument signs, vertical monument signs, building identifications signs and façade panel signs backlit illumination are preferred. However, internal illuminated within individual letters or sign element is permissible if dimmable, in which case lighting levels Ordinance 750 Page 4 of 23 shall be subject to maximum settings established by the Town Council. Wall plaques may be illuminated with downward directed wall sconces, or if located under covered areas may be illuminated by directional spot lighting. (b) Sign materials identified in Exhibits A through K- 2 shall be the permitted materials for each type of corresponding sign. 3. Signs Over The Public Right-Of-Way. (a) Signs may be located in or attached to structures located in public right-of-way subject to the approval of a license agreement by the Town Council. (b) The Town Engineer shall review the location of any sign located in or overhanging the public right -of-way to ensure that the sign will not pose a traffic hazard or visibility obstruction. C. PERMITTED SIGN TYPES AND APPROVAL PROCEDURES. In this planning area the following types of signs may be permitted. Sign permits for signs complying with this ordinance shall be issued by the director. However, the director shall have the discretion to refer any sign permit to the Town Council for approval. Area Marker. Area markers are monument signs that are movement control signs and are vertically oriented. They are intended to supplement horizontal monument signs and denote the entrance into the subareas/campuses of the district. Area markers are limited to 96 inches in height and 60 inches in width, with a maximum letter dimension of 12 inches in height. The director may issue permits for area markers at locations shown on Exhibit L. Additional locations may be established by site plan approval. An example of an area marker is shown at Exhibit A. Blade Signs. Blade signs are attached signs that project at right angles to (perpendicular to) the face of a building. They are intended to be visible to pedestrians walking parallel to the building façade to demarcate the location of individual tenants/occupants, or to display the building number. Blade signs along the same façade shall be of uniform dimension and mounted at a uniform height in a manner that will not impede pedestrian traffic. Blade signs shall nor project more than 30 inches from the face of a façade nor exceed 48 inches in height. Blade signs identifying a building number shall be limited to one sign per building façade. In addition, tenants shall be allowed one blade sign per façade. However, if more than one tenant façade panel sign has been established by site plan approval, additional corresponding tenant blade signs may be permitted as well. Examples of a blade sign is shown at Exhibit B-1 and B-2. Building Identification Signs. Building identification signs are attached signs affixed to building walls or attached to or cut out of attached architectural elements such as canopies, wall projections or freestanding entrance canopies or portals. Except for hotel or special use buildings, these signs are intended to identify general names of buildings or building numbers rather than individual businesses occupying buildings. Letter height shall not exceed 24 inches. If a building number is used for building identification, it may be no more than 360 square feet. One building identification sign shall be permitted for each of up to two façades of the same Ordinance 750 Page 5 of 23 building having primary entrances. In the case of a hotel or fitness club, the hotel or fitness club brand may be used as the building identification rather than the general building name or building number. Examples of building identification signs are shown at Exhibit C-1, C-2 and Exhibit D. Corral Portal Signs. Corral portal signs are attached signs intended to indicate arrival in the Solana district from the S.H. 114 exit ramps, and the direction of the subareas/campuses. Text is limited to the name of the district and the names of the subareas/campuses. Non-text graphics are limited to the Solana logo and directional arrows. Locations and dimension of Corral Portal Signs will be determined in conjunction with the license authorizing their placement in public right of way. An example of a corral portal sign is shown at Exhibit E. Façade Panel Signs. Façade panel signs are attached signs intended for buildings primarily containing retail tenants. Background panels in building facades intended for façade panel signs may not exceed the width of the corresponding retail space. Individual letters and logos not exceeding 16 inches in height may be affixed or incorporated into the panels to identify the name of the establishment occupying the space. Occupants shall be limited to one façade panel sign per façade unless otherwise established by site plan approval. The director may approve sign permits for individual tenants or changes of occupancy provided that the signs comply with the letter height maximum and illumination standards established by this section. An example of a façade panel sign is shown at Exhibit F. Horizontal Monument Signs. Horizontal monument signs are monument signs where the length exceeds the height. Horizontal monument signs are intended to identify the entrances to the district subarea/campuses from Kirkwood and Solana Boulevards and Sam School Road. Text is intended only to identify the subarea or campus and no more than one individual businesses or occupant name or logo per sign. Horizontal monument signs may not exceed five feet in height or forty feet in length. Non-text graphics are limited to graphic elements identified with the district. Except for locations approved with Exhibit L, site plan approval shall be required for horizontal monument signs. An example of a horizontal monument sign is shown at Exhibit G. Monuments will comply with signs within rights of way provisions herein. Parking Garage Entrance Sign. Parking garage entrance signs are attached signs on or near the entrance of a parking garage or an entrance portal. Parking garage entrance signs shall be used solely to denote the entrance to a parking garage. One parking garage entrance sign is permitted for each entrance with letters not to exceed 20 inches in height. An example of a parking garage entrance sign is attached as Exhibit H. Vehicle Movement Control Sign. Vehicle movement control signs as defined in subsection A shall be permitted by the director at any street or driveway intersection. Vehicle movement control signs may be pole mounted at a height not to exceed 72 inches. The sign face of ve hicle movement control signs may not exceed 12 square feet. An example of a vehicle movement control sign is shown at Exhibit I. Ordinance 750 Page 6 of 23 Vertical Monument Signs. Vertical monument signs are monument signs where the height exceeds the length, or where a taller vertical element is combined with a horizontal element. There are two types of vertical monument signs. (a) Primary Vertical Monument Signs. These signs may include text that identifies the district, the building and the individual businesses or organizations occupying a building. Primary oriented vertical monument signs are limited to 20 feet in height and 10 feet in width. The maximum letter height is 9 inches. A logo identifying the development is limited to 180 square inches; letters and other logos may not exceed 9 inches in height. Two primary vertical monument sign are permitted per building. Examples of primary vertical monument signs are shown at Exhibits J-1 and J-2. (b) Secondary Pedestrian-Oriented Vertical Monument Signs. Secondary pedestrian oriented vertical monument signs are dimensioned and oriented for view by from pedestrian walkways. One secondary pedestrian oriented vertical monument is permitted per building façade. Secondary pedestrian oriented vertical monument signs may not exceed 12 feet in height or 10 feet in width. Title or district identification letter and logo height may not exceed 8 inches, otherwise letter and logo height may not exceed 4 inches. Pedestrian oriented vertical monument signs may contain any information listed under the definition of pedestrian movement control sign. If more than one pedestrian oriented vertical monument sign is requested per building façade, it must be approved through the site plan approval process. Examples of pedestrian orie nted vertical monument signs are shown at Exhibits K-1 and K-2. Wall Plaques. Plaques and affixed to the face of a building and not exceeding 648 square inches or one inch in thickness, and containing any information listed under the definition of pedestrian movement control sign may be approved by the director in any number, provided that multiple signs may not be approved in a single location. Window Decals and Display Boxes. Each tenant/occupant shall be allowed to display window decals or display boxes indicating hours of operation, menus or other information pertinent to the premises. Window decal and display boxes shall not be require a permit if limited to no more than 216 square inches. C. UNLISTED SIGN TYPES. The Town Council shall have the discretion as part of site plan approval to approve sign types not listed herein or to approve listed sign types that vary in dimension or number from the signs listed herein, including detached monument signs located in or along the S.H. 114 right of way indicating entry into the Town of Westlake. Final design and location of Town of Westlake entry signs shall be as approved by the Town Council. A sample design is attached here to as Exhibit M solely to illustrate preliminary concepts. EXHIBITS A through M for Section 12. Ordinance 750 Page 7 of 23 Ordinance 750 Page 8 of 23 Ordinance 750 Page 9 of 23 Ordinance 750 Page 10 of 23 Ordinance 750 Page 11 of 23 Ordinance 750 Page 12 of 23 Ordinance 750 Page 13 of 23 Ordinance 750 Page 14 of 23 Ordinance 750 Page 15 of 23 Ordinance 750 Page 16 of 23 Ordinance 750 Page 17 of 23 Ordinance 750 Page 18 of 23 Ordinance 750 Page 19 of 23 Ordinance 750 Page 20 of 23 Ordinance 750 Page 21 of 23 Ordinance 750 Page 22 of 23 Ordinance 750 Page 23 of 23 Page 1 of 11 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Monday, June 8, 2015 Westlake Town Council Meeting Monday, June 15, 2015 TOPIC: Conduct a public Hearing and consider an application for: Zoning change amending the Planned Development Site Plan for the PD 1 zoning district. The property is located on both sides of Solana Parkway and west of Hwy 114, and is commonly known as the Solana Office Park. The amended PD Site Plan includes signage along Hwy 114 and Solana Blvd. and the addition of two parking garages on the north side of Solana Blvd. next to the existing office buildings. 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: June 8, 2015 Completion Date: June 15, 2015 Funding Amount: Status - Not Funded Source - N/A Page 2 of 11 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The proposed PD Site Plan amendments, if approved, will provide a mechanism for the Town Council to approve the permitting of some Unlisted Sign Types and deviations from the code sections requiring horizontal and vertical articulation for building walls. Specifically the proposed parking garages, while having horizontal and vertical articulation, do not have it exactly as required by the Code of Ordinances. RECOMMENDATION The Planning and Zoning Commission recommended unanimously that the PD Site Plan be approved with the following conditions: 1. The southeast corner of the parking garage shall receive the same corner enhancements as the northeast corner. 2. That a Town of Westlake entry monument sign be installed at the intersection of Hwy 114 and Solana Blvd. in a location and design as approved by the Town Manager. ATTACHMENTS: Exhibit A Parking Garage vicinity map, site plan, view exhibits, and elevations. Exhibit B Signage at Hwy 114 and Solana Blvd. Page 3 of 11 Exhibit “A” Page 4 of 11 Page 5 of 11 Page 6 of 11 Page 7 of 11 Page 8 of 11 Page 9 of 11 Exhibit “B” Page 10 of 11 Page 11 of 11 Ordinance 751 Page 1 of 6 TOWN OF WESTLAKE ORDINANCE NO. 751 AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; APPROVING A PD SITE PLAN FOR THE PD 1 ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Town Council of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Town Council of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on November 16, 1992, based upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas amended the Comprehensive Zoning Ordinance with Ordinance 202, creating “PD-1”, and WHEREAS, an analysis of the Town’s codes and regulations has determined that an amendment to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, on June 08, 2015, the Planning and Zoning Commission of the Town of Westlake has recommended that Ordinance 202, as amended, be revised in accordance with the procedures and processes established in the Code of Ordinances for the Town; and 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 found to be true and correct. SECTION 2: That Ordinance 202 (“PD-1”), as amended, of the Town of Westlake, Texas be amended by approving a PD Site Plan amendment. Exhibit “A” attached. SECTION 3: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Ordinance 751 Page 2 of 6 SECTION 4: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 5: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 15th DAY OF JUNE 2015. _____________________________ ATTEST: Carol Langdon, Mayor Pro Tem ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 751 Page 3 of 6 EXHIBIT “A” Ordinance 751 Page 4 of 6 Ordinance 751 Page 5 of 6 Ordinance 751 Page 6 of 6 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 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites. Town of Westlake Item # 9 – Executive Session Town of Westlake Item # 10 – 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 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites Town of Westlake Item # 11 – 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 #12 - Future Agenda Items Town Offices Closed Friday, July 3, 2015 Planning & Zoning Commission Meeting Monday, August 3, 2015 Board of Trustee Workshop & Meeting Monday, August 10, 2015; 5:00 p.m. & 6:00 p.m. Town Hall Council Chambers Town Council Budget Workshop Wednesday, August, 12, 2015; 12:00 noon – 5:00 p.m. Town Hall Council Chambers First Day of School Thursday, August 20, 2015 Town Council Workshop & Regular Meeting Monday, August 24, 2015; 5:00 p.m. & 6:30 p.m. Town Hall Council Chambers Town of Westlake Item # 13 – Council Calendar Town of Westlake Item # 14 – Adjournment