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Home My WebLink About04-22-13 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 5 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL MEETING AGENDA April 22, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM Workshop Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 5 Workshop Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE APRIL 22 , 2013, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will be no presentations associated with the report items) There will be no separate discussion unless a Board Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended March 31, 2013. 5. DISCUSSION ITEMS a. Review and discussion of Westlake Academy Expansion Plans. (15 min) b. Discussion regarding the construction manager at-risk services establishing a guaranteed maximum price for the Phase One of the Westlake Academy campus expansion project. (15 min) c. Discussion of Emergency Preparedness; SA 12.2 Review Town and Academy SOPs and emergency plans to maintain readiness. (15 min) d. Discussion regarding the proposed zoning and Land Use plan amendments. (30 min) 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 – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. COUNCIL RECAP / STAFF DIRECTION Page 3 of 5 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. National Day of Prayer Proclamation 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 meeting held on March 25, 2013. b. Consider approval of the minutes from the meeting held on April 2, 2013. c. Consider approval of Resolution 13-11, Approving a Contract with Tarrant County for Election Services. d. Consider approval of Resolution 13-12, Entering into an Interlocal agreement to participate in Tarrant County’s West Nile Virus surveillance and response program. e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with Roanoke for the reconstruction of Main within the Town of Westlake town limits. f. Consider approval Resolution 13-14, Authorizing Staff to enter into negotiations with Steele & Freeman, Inc. for construction manager at-risk services establishing a Guaranteed Maximum Price for the Phase I of the Westlake Academy campus expansion project. g. Consider approval of Resolution 13-15, Awarding a bid to Humphrey & Associates for the installation of the underground power utilities to the temporary classroom buildings . h. Consider approval of Resolution 13-16, Authorizing the Town Manager to reject the bid from Mobile Modular for the purchase of three (3) temporary classroom buildings. 4. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 702, AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP” SPECIFICALLY, CHANGING THE PLANNED USE OF THE PROPERTY LOCATE IN THE PD1-2 ZONING DISTRICT FROM OFFICE AND RETAIL USES TO MIXED-USE. Page 4 of 5 5. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 703, AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. 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 – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 10. STRATEGIC ISSUES CALENDAR 11. COUNCIL CALENDAR Page 5 of 5 12. 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, April 17, 2013, 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 meeting held on March 25, 2013. b. Consider approval of the minutes from the meeting held on April 2, 2013. c. Consider approval of Resolution 13-11, Approving a Contract with Tarrant County for Election Services. d. Consider approval of Resolution 13-12, Entering into an Interlocal agreement to participate in Tarrant County’s West Nile Virus surveillance and response program. e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with Roanoke for the reconstruction of Main within the Town of Westlake town limits. f. Consider approval Resolution 13-14, Authorizing Staff to enter into negotiations with Steele & Freeman, Inc. for construction manager at-risk services establishing a Guaranteed Maximum Price for the Phase I of the Westlake Academy campus expansion project. g. Consider approval of Resolution 13-15, Awarding a bid to Humphrey & Associates for the installation of the underground power utilities to the temporary classroom buildings. h. Consider approval of Resolution 13-16, Authorizing the Town Manager to reject the bid from Mobile Modular for the purchase of three (3) temporary classroom buildings. Town of Westlake Item # 3 – Review of Consent Agenda Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended March 31, 2013. Town of Westlake Item # 4– Reports Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended March 31, 2013 STAFF CONTACT: Debbie Piper, Finance Director DECISION POINTS Start Date Completion Date Timeframe: N/A N/A Funding: Amount - N/A Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Maintain Excellence in Reporting and Financial Standards Strategic Issue Outcome Strategy Staff Action Fiscal Stewardship & Organizational Effectiveness 5. Budget according to established service level provisions within departments. SA 05.2: Continually Monitor Revenue and Expenditures Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 3 EXECUTIVE SUMMARY The 2nd quarter “Dashboard” reports and “Analysis” for the FY 2012-13 are attached. Our goal is to have a concise and easy to understand document regarding the financials of our three (3) major funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining funds are a function of transfers in, related expenditures and transfers out; therefore, we have not prepared quarterly reports for these funds. We have also included an additional report related to the capital projects year-to-date expenses as well as an update of the projects. Please note on each individual fund’s report, you will see an “A”, and on the Utility Fund a “%”, beside several revenue line items. The “A” indicates that specific “YTD Actual” line-items are based on the accrual method. This means that revenue received after 03/31/13 but related to that specific quarter, i.e. sales tax, franchise fees, hotel occupancy tax, etc. was added to the “YTD Actual” for comparison to the budget. The “YTD Budget” is based on 6 months out of the 12 month budget; therefore, it’s reasonable to accrue the amount to show 3 months of actual receipts. In addition to accruing the water revenue receipts for the “YTD Actual”, the YTD Budget” calculation has been changed from 6 months of the 12 month period to a much better representation of that fund’s revenue. Because the majority of the water revenue is received in the spring and summer (hotter, dryer months), the “YTD Budget” calculation is now being based on the percentage of revenues received for the first six months of the prior year. In review, these quarterly reports contain a “dashboard” display complete with major revenue and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals” at 03/31/13 has been presented. The color green obviously means that we are good in those specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two areas show up as yellow (cautionary) or red (critical). A summary is presented at the bottom of each fund page indicating the net revenues over (under) expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that we will strive to maintain 90 days of operations. Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the variances. I have explained several of the line-items that were greater (green) in revenue than we anticipated helping you understand what specifically happened with that revenue line-item. I have also prepared explanations for several expenditures that were considerably under budget so you may see why these funds have not been expended. Beside each major category or department on the explanation page, you will find a number that reflects the exact variance in that department/line- item. Page 3 of 3 ORGANIZATIONAL HISTORY/RECOMMENDATION This report is being provided in keeping with the strategic plan which encourages financial stewardship that is transparent and timely. ATTACHMENTS Quarterly Financial Dashboard and Analysis for the Quarter Ended 03/31/13 for the following funds: • General Fund • Visitors Association Fund • Utility Fund Capital Improvements Update 4/16/2013 9:56 AM TOWN OF WESTLAKE General Fund Quarterly Financial Dashboard Quarter Ended 03/31/2013 FY 2012 FY2013 2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under) Actual Budget Budget Budget Actual Estimated budget A General Sales Tax 1,257,439 2,490,000 2,490,000 1,241,589 1,456,658 117%215,069 A Property Tax 1,138,662 1,183,514 1,183,514 590,136 1,107,526 188%517,390 A Franchise Fees 285,074 664,925 664,925 331,552 204,210 62%(127,342) Permits and Fees 263,565 476,150 476,150 237,423 319,698 135%82,275 Fines & Forfeitures 266,807 560,000 560,000 279,233 317,544 114%38,311 Contributions 162,500 - - - - 100%0 Misc Income 123,411 97,497 97,497 48,615 53,754 111%5,139 Total Revenues 3,497,459 5,472,086 5,472,086 2,728,547 3,459,390 127%730,843 Other Sources - Transfers In 29,220 46,519 46,519 23,196 18,395 79%(4,801) 3,526,679$ 5,518,605$ 5,518,605$ 2,751,743$ 3,477,785$ 126%726,043$ A Based on accrual method FY 2012 FY2013 2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under) Actual Budget Budget Budget Actual Estimated budget Payroll & Related Taxes, Insurance 1,041,882 2,152,907 2,152,907 1,073,504 1,056,854 98%(16,650) Operations & Maintenance 891,077 2,149,977 2,149,977 1,072,043 1,069,867 100%(2,177) Total Expenditures 1,932,959 4,302,884 4,302,884 2,145,548 2,126,721 99%(18,827) Other Uses - Transfers Out 716,275 2,944,319 1,444,319 720,181 781,344 108%61,163 2,649,234$ 7,247,203$ 5,747,203$ 2,865,729$ 2,908,065$ 101%42,336$ FY 2012 FY2013 2 Quarter Annual Annual 2 Qtr 2 Quarter Actual Budget Budget Budget Actual 3,526,679 5,518,605 5,518,605 2,751,743 3,477,785 2,649,234 7,247,203 5,747,203 2,865,729 2,908,065 877,445$ (1,728,599)$ (228,599)$ (113,986)$ 569,720$ 3,323,861 4,383,390 4,383,390 4,383,390 4,383,390 Ending Fund Balance 4,201,306$ 2,654,791$ 4,154,791$ 4,269,404$ 4,953,110$ 253,532 247,226 247,226 247,226 234,660 Unrestricted Fund Balance 3,947,774$ 2,407,565 3,907,565 4,022,178 4,718,450$ # of Operating Days 317 187 304 367 Daily Operating Cost $12,446 $12,869 $12,869 $12,869 DASHBOARD VARIANCEFY2013 ADOPTED REVENUES AND OTHER SOURCES SUMMARY Total Expenditures and Other Uses FY2013 ADOPTED FY2013 ADOPTED EXPENDITURES AND OTHER USES Total Revenues and Other Sources ** FY2013 ESTIMATED BUDGET FY2013 ESTIMATED BUDGET FY2013 ESTIMATED BUDGET Excess Revenues/Sources Over (Under) Expenditures/Uses Beginning Fund Balance (Audited) Restricted Funds Total Revenues and Other Sources Total Expenditures and Other Uses DASHBOARD VARIANCE Positive >90% Cautious 70% - 90% Negative <70% Revenue Legend Positive <100% Cautious 100% - 110% Negative >110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 1 Town of Westlake Dashboard Analysis for Quarter Ended 03-31-2013 GENERAL FUND REVENUES AND OTHER SOURCES SALES TAX INCOME +$215,069 o At 117% of budget o YTD Estimated Budget is $1,241,589 o YTD Actual is $1,456,658 o Sales tax revenues are received from the State two months after paid; therefore we use the accrual method and report when earned, not what was received.  Have not received May 2013 payment yet (which would represent March) – $316,043 received in prior year o To-date Deloitte revenues total $201,527- budgeted $360K  Based on last quarterly report received from Deloitte, it appeared we had received all our situs agreement funds and would be receiving approximately $25,000/monthly in on-going revenue. The prior two months receipts have been around $61K. When we receive their quarterly report, we will be able to tell if this amount is on-going or not. (50% of these funds are return to Deloitte based on economic development agreement) o To-date audit receipts total $74,390 (through April payment) o To-date “Presumed” one-time payments total $301,128 – Budgeted $100K to be conservative because we never know about these payments. Appears there are a lot of one to two time payments from various contractors regarding work done on the complex by Cassidy Turley. As always, we will keep an eye of these amounts to verify they are truly one-time or short-time receipts. o Base sales tax has a 25% increase over prior year based on these first five months of the fiscal year PROPERTY TAX INCOME +$517,390 o At 188% of budget o YTD Estimated Budget is $590,136 o YTD Actual is $1,107,526  Income is not distributed evenly over the fiscal year  Majority of taxes are received within 1st and 2nd quarters  To date collection rate = 93% 2 Town of Westlake Dashboard Analysis for Quarter Ended 03-31-2013 GENERAL FUND FRANCHISE FEE INCOME ($130,061) o At 62% of budget o YTD Estimated Budgeted $331,552 o YTD Actual $204,210 o 2nd quarter payments have not been received on the following:  AT&T - (Received $51,056 – 2nd quarter prior year)  Tri-County- (Received $68,293- 2nd quarter prior year)  Misc. Franchise Fees- (Received $12,024 – 2nd quarter prior year) PERMITS AND FEES +$77,939 o At 135% of budget o YTD Estimated Budget is $237,423 o YTD Actual is $319,698 o The Building and Planning department accounts for 93% ($72,522) of this total:  Building permit revenues are over budget by $45,877 due to an increase in new housing starts over what was our original conservative budget. Per Eddie Edwards, we had anticipated the increase but didn’t know when the permit applications would actually be received by the Town. We have also permitted some large residential remodel projects that were not anticipated.  Development fee revenues are over budget by $19,438 due to the PD1 development in addition to unanticipated activity in minor plat submittals, i.e. platting two lots into one and platting un-platted home sites as a pre-cursor to getting building permits for remodeling or additions. These additional revenues will be offset to some degree by additional costs for engineering review and consultant fees. FINES & FORFEITURES +82,272 o At 114% of budget o YTD Estimated Budget is $279,233 o YTD Actual is $317,544 3 Town of Westlake Dashboard Analysis for Quarter Ended 03-31-2013 GENERAL FUND TRANSFERS IN ($4,801) o At 79% of budget o YTD Estimated Budgeted $23,196 o YTD Actual $18,395  Transfers in from Utility Fund for Impact Fees are under budget $4,814. The YTD Budget is $18,699 and we have received $13,885 due to lower than expected number of new homes requesting meter installations. E XPENDITURES AND OTHER USES PAYROLL WAGES & RELATED TAXES & INSURANCE ($16,650) o YTD Estimated Budget is $1,073,504 o YTD Actual is $1,056,854  Employee increases are based on anniversary dates (and some have not received their annual increase yet) this amount will increase as the year goes on.  This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment OTHER USES - TRANSFERS OUT $61,163 o At 108% of budget o YTD Estimated Budget is $720,181 o YTD Actual is $781,344  Transfers Out to Economic Development Fund $17,830 o At 200% of budget o YTD Estimated Budget is $17,928 o YTD Actual is $35,758 o Annual payment processed in October  Transfers Out to Debt Service Fund $41,796 o At 123% of budget o YTD Estimated Budget is $178,789 o YTD Actual is $220,586 o Payments are made twice a year in November and May 4 4/16/2013 9:57 AM TOWN OF WESTLAKE Quarterly Financial Dashboard Quarter Ended 03/31/2013 FY 2012 FY2013 2 Quarter Annual 2nd Qtr 2 Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget A Hotel Occupancy Tax 215,747 540,350 269,435 298,529 111%29,094 Misc Income 10,320 21,550 10,745 12,189 113%1,444 226,067$ 561,900$ 280,180$ 310,718$ 111%30,538$ A Based on accrual method FY 2012 FY2013 2 Quarter Annual 2nd Qtr 2 Quarter Actual vs over (under) Actual Budget Budget Actual Adopted budget Operations & Maintenance 87,666 249,202 124,260 102,967 83%(21,292) Operating Transfers for Payroll 125,695 255,225 127,263 119,965 94%(7,298) Other Uses - Transfers Out 48,198 192,711 96,092 46,315 48%(49,777) 261,560$ 697,138$ 347,614$ 269,247$ 77%(78,367)$ FY 2012 FY2013 2 Quarter Annual 2nd Qtr 2 Quarter Actual Budget Budget Actual 226,067 561,900 280,180 310,718 261,560 697,138 347,614 269,247 (35,493)$ (135,238)$ (67,434)$ 41,471$ 1,111,281 1,052,546 1,052,546 1,052,546 Ending Fund Balance 1,075,788$ 917,308$ 985,112$ 1,094,017$ 182,396 183,692 183,692 183,692 Assigned Fund Balance 893,392$ 733,616$ 801,420$ 910,325$ # of Operating Days 685 531 659 Daily Operating Costs $1,303 $1,382 $1,382 Beginning Fund Balance (Audited) Restricted Funds Visitors Association Fund Total Revenues and Other Sources Total Expenditures and Other Uses Excess Revenues/Sources Over (Under) Expenditures/Uses Total Expenditures and Other Uses Total Revenues and Other Sources EXPENDITURES AND OTHER USES REVENUES AND OTHER SOURCES FY2013 ADOPTED BUDGET FY2013 ADOPTED BUDGET SUMMARY DASHBOARD VARIANCE DASHBOARD VARIANCEFY2013 ADOPTED BUDGET Positive >90% Cautious 70% - 90% Negative <70% Color Legend Positive <100% Cautious 100% -110% Negative >110% Color Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 5 Town of Westlake Dashboard Analysis for Quarter Ended 03-31-2013 VISITORS ASSOCIATION FUND REVENUES AND OTHER SOURCES HOTEL OCCUPANCY TAX INCOME +29,094 o At 111% of budget o YTD Estimated Budget is $269,435 o YTD Actual is $298,529 o Received $42,682 from Deloitte Hotel Tax that wasn’t budgeted (averaging $8K/monthly) o Have not received March’s payments from either Marriott or Deloitte. EXPENDITURES AND OTHER USES OPERATIONS AND MAINTENANCE ($21,292) o At 83% of budget o YTD Estimated Budget is $124,260 o YTD Actual is $102,967  Records Management - $6,774 o Total Budget is $14,000 o At 197% of YTD budget o YTD Estimated Budget is $6,981 o YTD Actual is $13,755  100% of invoice paid regarding LaserFiche  Marriott Marketing Expenditure ($19,945) o Total Budget is $40,000 o At 0% of YTD budget o YTD Estimated Budget is $19,945 o YTD Actual is $0  No invoices have been received from Marriott  We are awaiting the Marriott to present a different type of marketing plan prior to paying anything based on the Council’s January meeting discussion 6 Town of Westlake Dashboard Analysis for Quarter Ended 03-31-2013 VISITORS ASSOCIATION FUND  Marriot Transportation ($20,000) o Total budget $80,000 o At 50% of YTD budget o YTD Estimated Budget is $40,000 o YTD Actual is $20,000  Received invoice for 2nd quarter but have not received for 1st quarter (Requested from Marriott) OPERATING TRANSFERS FOR PAYROLL ($7,298) o At 94% of budget o YTD Estimated Budget is $127,263 o YTD Actual is $119,965  Amount transferred is in direct relation to payroll costs; because employees’ adjustments are based on anniversary dates (and some have not received their adjustment yet) this amount will increase as the year goes on.  This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment OTHER USES - TRANSFERS OUT ($49,777) o At 48% of budget o YTD Estimated Budget is $96,092 o YTD Actual is $46,315  Transfers Out to Debt Service Fund ($49,790) o At 46% of budget o YTD Estimated Budget is $91,594 o YTD Actual is $41,805 o Payments on debt are made in November and May with the principal payment being made in May 7 FY2012 FY2013 2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under) Actual Budget Budget Budget Actual Estimated budget A%Water Revenues 621,234 2,059,000 2,059,000 574,107 841,224 147%267,117 A%Sewer/Waste Revenues 248,557 587,850 587,850 231,325 256,265 111%24,940 Tap/Impact Fee Revenues 40,794 60,835 60,835 30,334 26,250 87%(4,084) Misc Revenues 26,579 99,434 111,534 55,614 34,485 62%(21,129) Total Revenues 937,165 2,807,119 2,819,219 891,381 1,158,224 130%266,843 Other Sources - Transfers in - 2,000,000 500,000 250,000 250,000 100%(0) Other Sources - Bond Proceeds - - 1,000,000 - - 100%0 Total Other Sources - 2,000,000 1,500,000 250,000 250,000 100%(0) 937,165$ 4,807,119$ 4,319,219$ 1,141,381$ 1,408,224$ 123%266,843$ A Based on accrual method % Based on % of PY Actual at quarter-end FY2012 FY2013 DASHBOARD VARIANCE 2 Quarter Annual Annual 2 Qtr 2 Quarter Actual vs over (under) Actual Budget Budget Budget Actual Estimated budget Water Purchases 291,348 1,110,600 1,110,600 291,348 255,432 88%(35,915) Operations & Maintenance 516,573 1,028,661 1,028,661 572,200 576,451 101%4,251 Capital Projects 42,045 2,161,871 254,291 126,797 131,741 104%4,944 Total Expenses 849,965 4,301,132 2,393,552 990,345 963,625 97%(26,720) Operating Transfer Out for Payroll 125,380 273,812 273,812 136,531 110,258 81%(26,273) Other Uses - Transfers Out 49,710 87,500 87,500 43,630 38,885 89%(4,745) Total Other Uses 175,091 361,312 361,312 180,161 149,143 83%(31,018) 1,025,056$ 4,662,444$ 2,754,864$ 1,170,506$ 1,112,768$ 95%(57,738)$ FY2012 FY2013 2 Quarter Annual Annual 2 Qtr 2 Quarter Actual Budget Budget Budget Actual 937,165 4,807,119 4,319,219 1,141,381 1,408,224 1,025,056 4,662,444 2,754,864 1,170,506 1,112,768 (87,891)$ 144,675$ 1,564,355$ (29,125)$ 295,455$ 3,103,441 3,587,807 3,587,807 3,587,807 3,587,807 Ending Fund Balance 3,015,550$ 3,732,482$ 5,152,162$ 3,558,682$ 3,883,262$ 149,050 153,522 153,522 153,522 151,540 Unrestricted Fund Balance 2,866,500$ 3,578,961 4,998,641 3,405,160 3,731,722$ $2,383,730 $2,413,073 $2,413,073 $942,142 439 365 365 143 $6,531 $6,611 $6,611 $6,611 Total Operating Expenses (Annual) # of Operating Days Daily Operating Cost TOWN OF WESTLAKE Total Expenses and Other Uses Excess Revenues/Sources Over (Under) Expenditures/Uses Beginning Fund Balance (Audited) Restricted Funds Total Revenues and Other Sources 28% 39% FY2013 ESTIMATED BUDGET Total Revenues and Other Sources DASHBOARD VARIANCE FY2013 ESTIMATED BUDGET Utility Fund - 500 Quarterly Financial Dashboard Quarter Ended 03/31/13 FY2013 ADOPTED REVENUES AND OTHER SOURCES FY2013 ADOPTED FY2013 ADOPTED EXPENSES AND OTHER USES 26% SUMMARY Total Expenditures and Other Uses FY2013 ESTIMATED BUDGET Positive >90% Cautious 70% - 90% Negative <70% Revenue Legend Positive <100% Cautious 101%- 110% Negative >110% Expense Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 8 Town of Westlake Dashboard Analysis for Quarter Ending 03-31-2013 UTILITY FUND REVENUES AND OTHER SOURCES WATER REVENUES $267,117 o At 147% of budget o YTD Estimated Budget is $574,107 o YTD Actual is $841,224  Continued drought has increased volume of water sold. SEWER/WASTE REVENUES $24,940 o At 111% of budget o YTD Estimated Budget is $231,325 o YTD Actual is $256,265  Sewer averages work in correlation with increased water usage and are based on December, January and February consumption. TAP/IMPACT FEE REVENUES( $4,084) o At 87% of budget o YTD Estimated Budget is $30,334 o YTD Actual is $26,250  Lower than expected number of new homes requesting meter installations.  Water Tap Fees under budget $1,978  Impact Fees under budget $2,103 MISC REVENUES ($21,129) o At 62% of budget o YTD Estimated Budget is $55,614 o YTD Actual is $32,968 o Duct Bank lease revenue of $30,964 will be recognized in September 2013 (pertains to revenues received in prior years and in “Deferred Revenue” until earned o TRA Wastewater Settle-up is historically received in June of each year 9 Town of Westlake Dashboard Analysis for Quarter Ending 03-31-2013 UTILITY FUND TRANSFER IN o At 100% of budget o YTD Estimated Budget is $250,000 o YTD Actual is $250,000  Funding for the construction of a ground storage tank.  Transfers in from General Fund of $500K (Inter-fund Loan) BOND PROCEEDS ($500,000) o At 0% of budget o YTD Estimated Budget is $500,000 o YTD Actual is $00  Funding for the construction of a ground storage tank.  Proceeds received in April, 2013 EXPENSES AND OTHER USES OPERATIONS AND MAINTENANCE $4,251 o At 101% of budget o YTD Estimated Budget is $572,200 o YTD Actual is $576,451 • Service Expense +$58,613 o At 123% of budget o YTD Estimated Budget is $260,199 o YTD Actual is $318,812  TRA Wastewater Treatment expense is over budget $75,766  The adopted budget was approved prior to TRA’s adoption of their new rates and Westlake’s proportional shared costs of system operations. This amount is re-evaluated every June by TRA and our proportional cost is adjusted to reflect the actual flows. Historically the Town has received a reduction in our costs for the remainder of their (TRA’s) fiscal year which ends December 31st. 10 Town of Westlake Dashboard Analysis for Quarter Ending 03-31-2013 UTILITY FUND • Repair & Maintenance ($20,096) o At 72% of budget o YTD Estimated Budget is $70,556 o YTD Actual is $50,460  All repair and maintenance is performed on as needed basis PAYROLL TRANSFERS OUT ($26,273) o At 81% of budget o YTD Estimated Budget is $136,531 o YTD Actual is $110,258  Amount transferred is in direct relation to payroll costs; because employees adjustments are based on anniversary dates (and some have not received their adjustment yet) this amount will increase as the year goes on.  This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment 11 Town of Westlake Update for Quarter Ended 03-31-13 CAPITAL PROJECTS UPDATE TRANSPORATION PROJECTS FM 1938 STREETSCAPE/WAYFINDING o Adopted Annual Budget: $1,353,469 o Estimated Annual Budget: $1,006,923 o YTD Actual: $5,443 o Project-to-Date Expended: $943,519 o Project Completion: 21% o Total Estimated Project Cost: $4,547,155 The median landscape project started in mid-December. During this time, the contractor has been installing irrigation and planting trees and ornamental grasses. Over the coming weeks, the contractor will continue planting trees and grass and pouring decorative concrete that will match the existing pavement enhancements that are at our key intersections. STREET SURVEY o Adopted Annual Budget: $30,645 o Estimated Annual Budget: $30,765 o YTD Actual: $0.00 o Project-to-Date Expended: $49,235 o Project Completion: 62% o Total Estimated Project Cost: $80,000 This project was completed during FY 11/12, however, staff extended the timeline to make any modifications to the survey based on engineering analysis from the pavement failures within Stagecoach Hills. SH 114/HWY 170 ENHANCEMENTS o Adopted Annual Budget: $345,460 o Estimated Annual Budget: $345,460 o YTD Actual: $224,433 o Project-to-Date Expended: $231,933 o Project Completion: 21% o Total Estimated Project Cost: $1,079,900 This project is a joint regional effort between Westlake, Trophy Club, and Roanoke. The work will include re-painting of the existing sound wall on the north side of SH 114, and the existing bridges at Lois Street, Westlake Parkway, and Trophy Lake Drive to match the paint scheme at the FM 1938 and Westlake Parkway bridges over SH114. We anticipate the painting work to begin summer 2013. 12 Town of Westlake Update for Quarter Ended 03-31-13 CAPITAL PROJECTS UPDATE STAGECOACH HILLS STREET RECONSTRUCTION AND DRAINAGE o Adopted Annual Budget: $41,680 o Estimated Annual Budget: $84,974 o YTD Actual: $2,415 o Project-to-Date Expended: $416,341 o Project Completion: 83% o Total Estimated Project Cost: $498,900 This project was completed in July 2012, however as you may recall, some significant cracking developed in two sections of pavement. As indicated in our report to Council at the November 14th meeting, we have filled the voids in the cracks and sealed them in mid-December per the design engineers’ recommendation. Additionally, we have and will be monitoring these repairs every 30 days. NORTH ROANOKE ROAD RECONSTRUCTION AND DRAINAGE o Adopted Annual Budget: $0.00 o Estimated Annual Budget: $35,058 o YTD Actual: $1,248 o Project-to-Date Expended: $161,980 o Project Completion: 83% o Total Estimated Project Cost: $195,790 This project included the reconstruction of approximately 750 LF of 5” asphalt pavement and replacing a narrow creek crossing. DOVE ROAD RECONSTRUCTION AND DRAINAGE (VAQUERO – TERRA BELLA) o Adopted Annual Budget: $221,995 o Estimated Annual Budget: $221,995 o YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Project Completion: 0% o Total Estimated Project Cost: $626,940 This project includes reconstruction of approximately 6,500 LF of Dove Road, replace/improve culverts/ditches, and the construction of sidewalks from FM 1938 to Glenwyck. Work has started on the landscaping and tree planting projects on Dove and J. T. Ottinger Roads. Crews are installing the irrigation with tree planting right behind. 13 Town of Westlake Update for Quarter Ended 03-31-13 CAPITAL PROJECTS UPDATE HWY 377 & WESTPORT PARKWAY SIGNAL o Adopted Annual Budget: $25,000 o Estimated Annual Budget: $28,650 o YTD Actual: $28,649 o Project-to-Date Expended: $78,649 o Project Completion: 100% o Total Estimated Project Cost: $78,650 This intersection is currently uncontrolled (does not have a traffic signal). This is a regional project between Westlake, Tarrant County, Fort Worth, TxDOT, and Union Pacific Railroad that will include the installation of traffic signals that will be operated and maintained by TxDOT. Westlake will be responsible for 1/3 of the construction costs. We expect this TxDOT/UPR project to begin late summer 2013. WESTLAKE PORTION OF HILLWOOD PROJECTS o Adopted Annual Budget: $1,044,000 o Estimated Annual Budget: $1,030,442 o YTD Actual: $265,052 o Project-to-Date Expended: $364,699 o Project Completion: 32% o Total Estimated Project Cost: $1,130,090 We were able to complete all of the street construction in time for the start of school. Since that time the contractor has completed all of the trails from the Vaquero underpass to Westlake Academy. This includes installation of a crosswalk at Westlake Academy and improving the drainage conditions at the Vaquero underpass. While the entire section of sidewalk has been constructed, there are miscellaneous items that the contractor will be working on. The landscaping/tree planting for Dove and Ottinger Roads has begun. There will be approximately 500 trees planted along Dove and Ottinger Roads. 14 Town of Westlake Update for Quarter Ended 03-31-13 CAPITAL PROJECTS UPDATE PARK & TRAIL PROJECTS TRAIL CONNECTION AT HWY 114 AND SOLANA o Adopted Annual Budget: $15,000 o Estimated Annual Budget: $15,000 o YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Project Completion: 0% o Total Estimated Project Cost: $15,000 Staff continues to work with Cassidy/Turley regarding the future development at the corner of Solana Blvd and Hwy 114. In the fall of 2012 Cassidy/Turley received quotes on a crushed granite trail. Town staff received pricing on concrete and the stated the Town would be willing to share in a portion of the cost. The next monthly meeting is scheduled in May. WESTLAKE ACADEMY NORTH DRIVEWAY LIGHTING o Adopted Annual Budget: $40,000 o Estimated Annual Budget: $40,000 o YTD Actual: $0.00 o Project-to-Date Expended: $0.00 o Project Completion: 0% o Total Estimated Project Cost: $40,000 This project entails combination light poles and bollard lighting along the north driveway of the Westlake Academy campus. The work is under way and is schedule to be completed in May. The electrical contractor has not been able the locate one of the underground sleeves on the west end of the road. Staff has contacted the contractor who installs them and is working on locating it. Estimated completion on the project is May 2013 due to the lead time on the light poles and bollards. 15 Town of Westlake Update for Quarter Ended 03-31-13 CAPITAL PROJECTS UPDATE FACILITY PROJECTS WESTLAKE ACADEMY EXPANSION o Adopted Annual Budget: $1,350,000 o Estimated Annual Budget: $1,300,000 o YTD Actual: $13,119 o Project-to-Date Expended: $49,518 o Project Completion: 1% o Total Estimated Project Cost: $8,500,000 This project includes the following three buildings (Phase I) of the Facility Plan presented by BB&P and adopted by the Town Council on November 12, 2012. • Cafetorium (for use as a cafeteria, gymnasium and auditorium) • Secondary classroom building • Fieldhouse (containing locker rooms and storage space for athletic equipment The RFQ for Westlake Academy Phase I Expansion project was published in the March 2nd and 3rd, 2013 edition of the Star-Telegram. We received four proposals on March 20th from the following firms: 1. Steele & Freeman- Fix Fee -1.90% 2. SEDALCO –Fix Fee - 5.50% 3. AUI-Fix Fee - 5.25% 4. Austin Commercial - Fix Fee -2.75% Interviews with the CM at Risk firms began on March 27, 2013 and completed on April 2, 2013. A team of Town Staff ranked each proposal based on experience in educational projects, team job experience, delivering the CM at Risk method of delivery, current jobs and fees. The staff is recommending Steele & Freeman as the CM at Risk contractor for the Westlake Academy Phase I campus expansion. The next step is to engage Steele & Freeman in the design phase of the project. Once the drawing is at 80% to 90%, staff will start the negotiation process to establish a guaranteed maximum price for the project. After a price is established an agreement will be presented to the Town Council for approval in June. 16 Town of Westlake Update for Quarter Ended 03-31-13 CAPITAL PROJECTS UPDATE UTILITY FUND PROJECTS TRA ASSUMPTION OF N-1 SEWER LINE o Adopted Annual Budget: $127,338 o Estimated Annual Budget: $127,338 o YTD Actual: $21,824 o Project-to-Date Expended: $21,824 o Project Completion: 17% o Total Estimated Project Cost: $127,338 As you may recall, Council approved a contract for sanitary sewer repair work in Vaquero at the April 2012 Council meeting. The repair work was TRA’s requirement to assume the N-1 sanitary sewer line that is jointly owned by Westlake and Southlake. Staff has requested a meeting with TRA and Southlake within the next couple of weeks to discuss our next steps to transfer the line. We anticipate the N1 Sewer Line Transfer Project to start in late summer 2013. N-1 SEWER LINE INFLOW & INFILTRATION REPAIRS o Adopted Annual Budget: $34,533 o Estimated Annual Budget: $34,533 o YTD Actual: $30,628 o Project-to-Date Expended: $201,750 o Project Completion: 98% o Total Estimated Project Cost: $205,655 The contractor has completed location and repair of sanitary sewer clean-outs that were damaged or buried during construction of the home or maintenance of landscape installation. Staff is working with the engineer to provide completion documentation to TRA to facilitate the N-1 transfer process. GROUND STORAGE TANK o Adopted Annual Budget: $2,000,000 o Estimated Annual Budget: $50,000 o YTD Actual: $36,870 o Project-to-Date Expended: $39,958 o Project Completion: 3% o Total Estimated Project Cost: $1,500,000 As you may recall, this project will consist of designing and constructing a new ground storage tank at the existing pump station. We anticipate this tank will be a 1,000,000 gallon tank and will be needed to augment services once Deloitte has become fully staffed. Maintenance (consisting of inspection and cleaning) would not be expected until year two. We are currently in the engineering/design phase of the project and anticipate a contract award date at a regular Council meeting in May or June 2013. 17 DISCUSSION ITEMS a. Review and discussion of Westlake Academy Expansion Plans. (15 min) b. Discussion regarding the construction manager at-risk services establishing a guaranteed maximum price for the Phase One of the Westlake Academy campus expansion project. (15 min) c. Discussion of Emergency Preparedness; SA 12.2 Review Town and Academy SOPs and emergency plans to maintain readiness. (15 min) d. Discussion regarding the proposed zoning and Land Use plan amendments. (30 min) ****Supporting documentation for items b and d are located under the regular meeting agenda. Town of Westlake Item # 5 – Discussion Items No Supporting Documentation Information will be provided at the meeting. Town of Westlake Item # 5a – No Supporting documentation Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Discussion of Emergency Preparedness; SA 12.2 Review Town and Academy SOPs and emergency plans to maintain readiness. STAFF CONTACT: Richard Whitten, Fire Chief DECISION POINTS Start Date Completion Date Timeframe: Click here to enter a date. N/A Funding: Amount - N/A Status- N/A Source- N/A There are no funding requirements for this action. Decision Alignment VVM Perspective Desired Outcome Service Excellence Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action Public Safety and Emergency Preparedness 12. Plan and inplement strategies to enhance the emergency preparedness of the residents and Town facilities. SA 12.2: Emergency Plans Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Staff has been working on the Strategic Issue “Public Safety and Emergency Preparedness”. This issue focuses on providing a safe community for our residents and business partners. Late last year, we began the process of having all staff complete the National Incident Management System (NIMS) classes, SA 12.1. This has been an ongoing process and should be completed within the next few months. This was the first step in the Emergency Preparedness process. This discussion item focuses on the Town and Academy operating procedures (SA 12.2) as it relates to emergency management. Over the next several months, staff will be working to develop procedures that prepare staff for emergency management procedures. The overall process will be lengthy to position the Town where we operate most efficiently. However, if an incident occurred today, staff will react accordingly to meet that challenge. Staff will present to Town Council in July a report of Emergency Operations Center (EOC) components, SA 12.3. Recently, the Town implemented the CodeRED emergency notification system. CodeRED was the first step for an emergency notification system. Another component of the emergency notification system is an outdoor warning system. ORGANIZATIONAL HISTORY/RECOMMENDATION N/A ATTACHMENTS N/A 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 – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 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 – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 8 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #9 Council Recap / Staff Direction Town of Westlake Item # 10 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. National Day of Prayer Proclamation Town of Westlake Item # 2 – Citizen’s Presentations and recognitions Town of Westlake Proclamation National Day of Prayer May 2, 2013 WHEREAS, public prayer and national days of prayer have a long and significant history in American tradition dating back to the first call to prayer in 1775 when the Continental Congress asked the colonies to pray for wisdom in forming a nation; and WHEREAS, in 1952 the Congress of the United States by a joint resolution enacted legislation setting aside an annual day of prayer for the nation, and in 1988 this law was amended permanently setting the day as the first Thursday of every May; and WHEREAS, the National Day of Prayer enables us to recall and teach the way in which our forefathers sought the wisdom of God when faced with critical decisions, thus reaffirming the spiritual principles upon which this nation was founded; and WHEREAS, in these trying times, when the world is so unsettled and when many of our brave citizens and members of the military are far from home, making great sacrifices and defending freedom for those abroad and those here at home, we humbly ask God for their protection and pray for peace throughout the world; and WHEREAS, on this day Americans across our nation and state will join in united prayer to acknowledge our dependence on God, to give Him thanks for blessings received, to request healing for wounds endured, and to seek His guidance for our leaders and His grace and protection upon us as a people and a nation; WHEREAS, this year is the 62nd anniversary of the consecutive annual observance of the National Day of Prayer, and its theme being “Pray for America”, based on Matthew 12:21 which says “In His name the nations will put their hope”; NOW, THEREFORE, I Laura Wheat, by the Power vested in me as Mayor of Westlake, hereby proclaim Thursday, May 2, 2013, as A DAY OF PRAYER IN WESTLAKE And invite all in our town to observe this day in ways appropriate to its importance and significance as a time for united prayer in our city. Executed this __________ day of _____ 2013. __________________________________________ Laura Wheat, Mayor a. Consider approval of the minutes from the meeting held on March 25, 2013. b. Consider approval of the minutes from the meeting held on April 2, 2013. c. Consider approval of Resolution 13-11, Approving a Contract with Tarrant County for Election Services. d. Consider approval of Resolution 13-12, Entering into an Interlocal agreement to participate in Tarrant County’s West Nile Virus surveillance and response program. e. Consider approval of Resolution 13-13, Approve an Interlocal Agreement with Roanoke for the reconstruction of Main within the Town of Westlake town limits. f. Consider approval Resolution 13-14, Authorizing Staff to enter into negotiations with Steele & Freeman, Inc. for construction manager at-risk services establishing a Guaranteed Maximum Price for the Phase I of the Westlake Academy campus expansion project. g. Consider approval of Resolution 13-15, Awarding a bid to Humphrey & Associates for the installation of the underground power utilities to the temporary classroom buildings. h. Consider approval of Resolution 13-16, Authorizing the Town Manager to reject the bid from Mobile Modular for the purchase of three (3) temporary classroom buildings. Town of Westlake Item # 3 – Discussion of Consent items Town Council Minutes 03/25/13 Page 1 of 5 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING March 25, 2013 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Carol Langdon, and David Levitan. Clif Cox arrived at 5:29 p.m. ABSENT: Rick Rennhack OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Stan Lowry, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Fire Chief Richard Whitten and Management Inter Alora Wachholz. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:23 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE MARCH 25, 2013, TOWN COUNCIL REGULAR MEETING AGENDA. Mayor Wheat asked that the February 25, 2013, reflect the following additional statement with Mrs. Bea Ann Arthur’s comments: (petition purportedly reflected property ownership of 20% within 200 foot notification area that was in opposition of the zoning request). Mayor Wheat recommended that the timing for Ordinance 698 be amended to reflect the hours of 7:30 – 8:15 a.m. Town Council Minutes 03/25/13 Page 2 of 5 4. DISCUSSION AND PRESENTATION BY SUSAN YOUNG FROM SENATOR KELLY HANCOCK’S OFFICE. Ms. Susan Young from Senator Handcock’s office introduced herself to the Council. Discussion ensued regarding legislation that Senator Handcock is proposing, bills that reduce local control, proposed gambling bill related to education, public education funding, and caps on residential values. 5. EXECUTIVE SESSION The Council convened into executive session at 5:40 p.m. a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. 6. RECONVENE MEETING Mayor Wheat reconvened the meeting at 6:41 p.m. 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 8. COUNCIL RECAP / STAFF DIRECTION No additional direction provided. 9. ADJOURNMENT Mayor Wheat adjourned the workshop at 6:41 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 6:41 p.m. Town Council Minutes 03/25/13 Page 3 of 5 2. CITIZEN PRESENTATIONS AND RECOGNITIONS Fire Chief Danny Thomas provided an overview of an Emergency Medical call that was routed to the Westlake Fire and EMS due to the Trophy Club ambulance being on another call. Chief Thomas presented an award to Tommy Villines and Brian Phillips for efforts which resulted in saving a four (4) year old child’s life. Mr. Mark McDaniel presented an ICMA Award regarding Community Sustainability that recognizes innovative local government programs or processes that creatively balance a community's social, economic, environmental, and cultural needs to the Mayor Wheat for the Town of Westlake and to Town Manager Brymer. Facilities and Recreation Director Meyer recognized Mrs. Trish Landers and thank her for publicizing and organizing Arbor Day. Director Meyer also provided an overview of the activities that will be occurring at the event. 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on December 3, 2012. b. Consider approval of the minutes from the meeting held on December 7, 2012. c. Consider approval of the minutes from the meeting held on February 25, 2013. d. Consider approval of Ordinance 698, Expanding the School Zone. e. Consider approval of Resolution 13-10, Appointing a member to the Historical Preservation Society. MOTION: Council Member Levitan made a motion to approve items a, b, c and e of the consent agenda to include a clarification to February 25, 2013, minutes as discussed. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. MOTION: Council Member Langdon made a motion to approve item e, Ordinance 698, to include amending the times to reflect the hours of 7:30 a.m. to 8:15 a.m. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 4. CONSIDER APPROVAL OF ORDINANCE 699, AMENDING THE WATER AND WASTEWATER RATES. Public Works Director Greenwood provided a presentation and overview of the proposed rate changes. Town Council Minutes 03/25/13 Page 4 of 5 Discussion ensued regarding the cost differential of commercial and residential users, adjustments to the frac rates, that the proposed rate would be calculated using April consumptions, and residential feedback. MOTION: Council Member Barrett made a motion to approve Ordinance 699. Council Member Cox seconded the motion. The motion carried by a vote of 4-0. 5. EXECUTIVE SESSION The Council convened into executive session at 7:04 p.m. a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager b. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. 6. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:05 p.m. 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 8. FUTURE AGENDA ITEMS - None 9. STRATEGIC ISSUES CALENDAR 10. COUNCIL CALENDAR Town Council Minutes 03/25/13 Page 5 of 5 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Cox made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:05 p.m. APPROVED BY THE TOWN COUNCIL ON APRIL 22, 2013. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 04/02/13 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING April 2, 2013 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, Carol Langdon, David Levitan and Rick Rennhack. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Finance Director Debbie Piper, Facilities and Recreation Director Troy Meyer and Public Works Director Jarrod Greenwood. Special Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:14 p.m. 2. CONSIDER ORDINANCE 700, AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF WESTLAKE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATES; APPROVING THE OFFICIAL STATEMENT; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Finance Director Piper provided an overview of the issuance proposal. Town Manager Brymer provided an overview of the projects which the certificates of obligation will finance. Mr. Tom Lawrence, Lawrence Financial, L.L.P. and Mr. Leroy Grawunder, Jr. , Bond Counsel, McCall, Parkhurst & Horton, L.L.P. Funds available on 4/30 Town Council Minutes 04/02/13 Page 2 of 3 MOTION: Council Member Barrett made a motion to approve Ordinance 700. Council Member Levitan seconded the motion. The motion carried by a vote of 5-0. 3. CONSIDER APPROV AL OF ORDINANCE 701, RESCINDING ORDINANCE 698 TO CHANGE THE ESTABLISHED SCHOOL ZONE TIMES AND DISTANCE. Public Works Director Greenwood provided an overview of the ordinance. MOTION: Council Member Cox made a motion to approve Ordinance 701. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 4. EXECUTIVE SESSION The Council convened into Executive Session at 7:27 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Council Member Langdon left the meeting at 9:00 p.m. 5. RECONVENE MEETING Mayor Wheat reconvened the meeting at 10:27 p.m. 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Levitan made a motion to increase the Town Managers compensation to include the Town incur the cost of dependent dental and health care coverage, increase on an annual basis the contribution to his deferred compensation amount by $1,000.00 and to provide for a $5,000.00 spousal travel allowance to be used as necessary. Council Member Cox seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 04/02/13 Page 3 of 3 7. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 10:28 p.m. APPROVED BY THE TOWN COUNCIL ON APRIL 22, 2013. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Consider approval of Resolution approving a Joint Election contract with Tarrant County for election services. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: 04/02/2013 05/11/2013 Funding: Amount - $4,848.00 Status- Funded Source- General Fund Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Customer Focus CF.Promote Best Practice Policy Governance 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 At the January 28, 2013, meeting, the Council ordered both a general and special election to be held on May 11, 2013. The general election is to elect three (3) Council Members for two (2) year terms expiring May 2015. The special election is to elect one Council Member for an unexpired term expiring May 2014. Westlake must contract with both Denton and Tarrant Counties for elections. At the February 25, 2013, Council approved a contract with Denton County to provide election services for Westlake residents living in Denton County. It is recommended that the Town contract with the County to provide the necessary equipment, programming, and staff to conduct the election. Contracting with the County will also improve voter accessibility by opening the door to the many Tarrant County early voting locations located throughout the County. Tarrant County has established a polling location in the Town of Westlake during early voting and on Election Day for residents living in Tarrant County. Tarrant County residents may vote at any polling location during early voting. Denton County residents may vote at any location in Denton County or at the Savyo Municipal Building in Trophy Club. Additional information including days, hours and locations may be accessed from the Town’s website under Election Information. ORGANIZATIONAL HISTORY/RECOMMENDATION Approve the contract with Tarrant County for elections services ATTACHMENTS Resolution Joint Contract Resolution 13-11 Page 1 of 1 TOWN OF WESTLAKE RESOLUTION NO. 13-11 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY FOR THE GENERAL ELECTION TO BE HELD ON MAY 11, 2013. WHEREAS, the Town of Westlake will conduct a General Election on May 11, 2013; and WHEREAS, the Westlake Town Council recognizes to reduce the overall cost to each entity that said elections be held jointly on May 11, 2013; and WHEREAS, the Town of Westlake desires to select the Tarrant County Elections Administrator to conduct and coordinate the joint elections for the residents of Westlake that live in Tarrant County. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The parties hereto agree to hold an election jointly on May 11, 2013, from 7:00 a.m. until 7:00 p.m. in accordance with Section 271.002, Texas Election Code, and that said election will be conducted jointly pursuant to the terms of this agreement, attached as Exhibit “A”. SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 3: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013. ATTEST: _______________________________ ____________________________ Laura L. Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: _______________________________ Thomas E. Brymer, Town Manager ____________________________ L. Stanton Lowry, Town Attorney Page 10 of 10 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit: (1) It has on the _______ day of _______________, 2013 been executed by the Tarrant County Elections Adm inistrator pursuant to the Texas Election Code so authorizing; (2) It has on the _______ day of _______________, 2013 been executed on behalf of the Town of Westlake pursuant to an action of the Town of Westlake so authorizing; ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTRAT OR: APPROVED: ___________________________________________ STEVE RABORN ACCEPTED AND AGREED TO BY THE Town of Westlake: APPROVED: ATTEST: ___________________________________________ __________________________________________ Laura Wheat, Mayor Kelly Edwards, Town Secretary THE STATE OF TEXAS COUNTY OF TARRANT JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Tarrant County: City of Arlington City of Azle City of Bedford City of Crowley City of Dalworthington Gardens City of Euless City of Everman Forest Hill Library District City of Fort Worth City of Grand Prairie City of Grapevine City of Haltom City City of Hurst City of Keller Town of Lakeside City of Lake Worth Town of Pantego City of Pelican Bay City of River Oaks City of Saginaw City of Sansom Park City of Watauga Town of Westlake Arlington Independent School District Azle Independent School District Birdville Independent School District Carroll Independent School District Castleberry Independent School District Crowley Independent School District Eagle Mountain-Saginaw Independent School District Everman Independent School District Fort Worth Independent School District Hurst-Euless-Bedford Independent School District Keller Independent School District Kennedale Independent School District Mansfield Independent School District Northwest Independent School District Tarrant Regional Water District This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 11, 2013 election to be administered by Steve Raborn, Tarrant County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a general and/or special election on May 11, 2013. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: Page 1 of 10 Page 2 of 10 I. ADMINISTRATION The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Tarrant County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting system testing notices that are required by the Texas Election Code. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Tarrant County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. Page 3 of 10 III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all election day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 11, 2013 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 10, 2013 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 11, 2013 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to election day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and 127.006. Page 4 of 10 V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and other political subdivisions. Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County’s eSlate electronic voting system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County’s eScan voting system. Provisional ballots cast on election day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Tarrant County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Page 5 of 10 Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall post on the county website each participating authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the county website no later than 8:00 AM each business day. VII. EARLY VOTING BALLOT BOARD Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central and remote counting stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Steve Raborn, Tarrant County Elections Administrator Tabulation Supervisor: Stephen Vickers, Tarrant County Elections Operations Manager Presiding Judge: Elouise Kennedy Alternate Judge: Emma Allen The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67.004 after all precincts have been counted, and will deliver a copy of these unofficial canvass reports to each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. Page 6 of 10 The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY Each participating authority with territory containing population outside Tarrant County agrees that the Elections Administrator shall administer only the Tarrant County portion of those elections. The Elections Administrator is not responsible for conducting the Northwest ISD election in the Tarrant County territory within the Town of Trophy Club. Northwest ISD agrees to contract for election services with Denton County for its Tarrant County voters in Trophy Club. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or election day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 11, 2013 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 15, 2013. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non- temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Page 7 of 10 Birdville ISD agrees to pay the entire cost for Early Voting by Personal Appearance at the W. G. Thomas Colisuem, the Birdville ISD Fine Arts/Athletics Complex, and at all of its school campus locations. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Tarrant County, and that do not have an election day polling place or early voting site within their Tarrant County territory shall pay a flat fee of $400 for election expenses. Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. Page 8 of 10 XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of this estimated obligation within 15 days after execution of this agreement. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 11, 2013 election (or runoff election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. Page 9 of 10 The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Actual # Billed # Estimated Deposit Political Subdivision Polls Polls Cost Due City of Arlington 28 14.00 $60,963 $45,800 City of Azle 1 0.33 $2,707 $2,100 City of Bedford 1 0.50 $6,769 $5,100 City of Crowley 1 0.50 $4,984 $3,800 City of Dalworthington Gardens 1 0.50 $3,537 $2,700 City of Euless 2 1.50 $8,465 $6,400 City of Everman 1 0.50 $3,792 $2,900 Forest Hill Library District 1 1.00 $5,323 $4,000 City of Fort Worth 66 27.33 $121,745 $91,400 City of Grand Prairie 4 2.00 $9,825 $7,400 City of Grapevine 1 1.00 $11,276 $8,500 City of Haltom City 2 1.00 $6,802 $5,200 City of Hurst 1 0.50 $5,643 $4,300 City of Keller 2 1.00 $6,467 $4,900 Town of Lakeside 1 0.50 $4,128 $3,100 City of Lake Worth 1 1.00 $6,072 $4,600 Town of Pantego 1 0.50 $3,537 $2,700 City of Pelican Bay 1 0.33 $2,652 $2,000 City of River Oaks 1 0.33 $3,220 $2,500 City of Saginaw 1 0.50 $4,851 $3,700 City of Sansom Park 1 0.50 $4,128 $3,100 City of Watauga 1 0.50 $5,205 $4,000 Town of Westlake 1 0.50 $4,848 $3,700 Arlington ISD 33 14.00 $61,114 $45,900 Azle ISD 4 1.17 $5,066 $3,800 Birdville ISD 14 5.50 $87,349 $65,600 Carroll ISD 5 1.00 $14,881 $11,200 Castleberry ISD 5 1.67 $7,447 $5,600 Crowley ISD 18 4.00 $20,925 $15,700 Eagle Mountain-Saginaw ISD 13 3.17 $14,833 $11,200 Everman ISD 7 1.17 $5,723 $4,300 Fort Worth ISD 34 10.33 $49,522 $37,200 Hurst-Euless-Bedford ISD 10 2.50 $21,031 $15,800 Keller ISD 17 4.83 $31,361 $23,600 Kennedale ISD 6 1.00 $9,906 $7,500 Mansfield ISD 15 7.00 $32,899 $24,700 Northwest ISD 13 3.50 $24,172 $18,200 Tarrant Regional Water District 137 76.83 $307,417 $230,600 TOTALS 194.00 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Consider approval of a n inter-local agreement to participate in Tarrant County’s West Nile Virus surveillance and response program. STAFF CONTACT: Jarrod Greenwood, Public Works Director DECISION POINTS Start Date Completion Date Timeframe: April 22, 2013 April 22, 2013 Effective immediately if approved. Funding: Amount - $0.00 Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Service Excellence 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 Due to the outbreaks of West Nile virus in the Metroplex last year, many local governments have developed varying methods to combat the illness to help protect their residents and minimize the impact to the communities. Some areas have employed larvicidal briquettes, and/or local fogging measures, while others have prog ressed to aerial spraying. Tarrant County has developed a year-round monitoring program in order to acquire more consistent and complete surveillance and has requested each partnering municipality to enter into an inter-local agreement. The proposed inter-local agreement provides the Town with the ability to utilize County resources to monitor, trap, and record results, as well as, having access to any future training for Town staff and contracts for third party response services. ORGANIZATIONAL HISTORY/RECOMMENDATION None ATTACHMENTS Resolution Tarrant County ILA Resolution 13-12 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 13-12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY, RELATED TO TARRANT COUNTY’S WEST NILE VIRUS SURVEILLANCE AND RESPONSE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, West Nile virus is a mosquito -borne disease that is capable of causing severe illness or death in humans; and WHEREAS, The North Texas region accounted for approximately 92% of all cases in Texas; and WHEREAS, The Town Council of the Town of Westlake, finds that the proposed Tarrant County inter-local agreement provides for the health, safety, and welfare of Westlake citizens; and WHEREAS, The Town Council of the Town of Westlake, finds that the proposed Tarrant County inter-local agreement is in the best interest of Westlake citizens; and 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 hereby approves the inter-local agreement with Tarrant County related to the Tarrant County’s West Nile Virus surveillance and response program, attached as Exhibit “A”, and further authorizes the Town Manager to execute the 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 13-12 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22ND DAY OF APRIL 2013. _____________________________ Laura L. Wheat, Mayor ATTEST: _______________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 5 EXHIBIT A INTERL OCAL COOPERATION AGREEMENT _______________________________________________________________________ This INTERLOCAL COOPERATION AGREEMENT (“Agreement”) is entered into by and between the TOWN OF WESTLAKE (“Town”), a general law municipality organized under the laws of the State of Texas, and the COUNTY OF TARRANT (“County”), a county organized under the laws of the State of Texas for the purpose of implementing a West Nile Virus Mosquito Surveillance and Response Program. FINDINGS The Town and County make the following findings in support of entering into this Agreement: A. The County has consulted with representatives from the Centers for Disease Control, Texas A&M University, Mosquito Control Districts, the State of Texas and local municipalities to create a West Nile Virus Mosquito Surveillance and Response Program; B. West Nile Virus infections represent a serious public health threat to the citizens of the County and the Town; C. Mosquitoes spread disease without regard to Town or County boundaries; D. The performance of this Agreement by both the Town and County will be in the common interest of both parties and will benefit the general public; E. County and Town are making payment, if applicable, from current revenues available to the paying party; F. Any payment required by this Agreement is in an amount that fairly compensates the performing party for the services or functions performed under this Agreement; and G. The governing bodies of County and Town have each authorized this Agreement. Page 2 of 5 The Town and the County agree as follows: AGREEMENT 1. WEST NILE VIRUS MOSQUITO SURVEILLANCE AND RESPONSE PROGRAM . County and Town are teaming together to create a West Nile Virus Mosquito Surveillance and Response Program. This program will include the provision of numerous mosquito traps, monitoring the traps, and testing the mosquitoes trapped. 2. TERM . The term of this Agreement commences on the date of complete execution of this Agreement (the “Effective Date”) and will expire on September 30, 2013. However, this Agreement will automatically renew for successive terms of 1 year each commencing October 1 of a given year and expiring September 30 of the following year. Either party may terminate this Agreement on 60 days written notice prior to the beginning of any term of this Agreement. 3. DESCRIPTION OF PROGRAM. 3.1. Surveillance Equipment. The County will provide the Town with (i) 3 Gravid Mosquito Traps with electrical batteries, (ii) a battery charger, (iii) an aspirator and (iv) sufficient transport containers. Equipment will be returned to the County if the Town no longer uses the equipment as part of this program. 3.2. Surveillance Services The County will provide the Town with (i) a schedule for sample submissions, (ii) processing and testing of the mosquitoes for the presence of West Nile Virus and St. Louis Encephalitis virus , (iii) reports of the test results, (iv) analysis of regional data, and (v) recommendations for response options. 3.3. Trap Operation Town will operate the provided traps in a manner and number in accordance with the plan specified by the county. Trapped mosquito samples will be submitted to the County according to the schedule issued by the County with the information required. 3.4. Education The County will provide Town with (i) education regarding the placement and operation of mosquito traps and (ii) education in Integrated Pest Management methods of mosquito control (iii) a response plan model and assist with adapting the response plan to the Town’s needs. Page 3 of 5 3.5. Communication Each party will provide at least two points of contact for the exchange of information. 3.6. Cooperative Purchasing Contracts initiated by the County for services related to the surveillance or control of disease carrying mosquitoes will include provision for cooperative purchasing. 3.7 Cost Sharing A cost sharing model will be developed wherein the Town would be responsible for the cost associated with response activities i.e., adulticiding, within their jurisdiction. 4. INDEPENDENT CONTRACTOR. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. 5. LIABILITY. Nothing in the performance of this Agreement may impose any liability for claims against the Town or the County other than claims for which liability may be imposed by the Texas Tort Claims Act. 6. NOTICES. All written notices called for or required by this Agreement must be addressed to the following, or other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Town: County: Attn: ____________________ Attn: County Administrator _______________________ Tarrant County Administration Building _______________________ 100 E. Weatherford Street _______________________ Fort Worth, TX 76196 Page 4 of 5 7. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town’s Charter and ordinances, as amended. 8. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder will not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion. 9. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement venue for such action will lie in state district courts located in Tarrant County, Texas. This Agreement must be construed in accordance with the laws of the State of Texas. 10. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the Town and County and are not intended to create any rights, contractual or otherwise, to any other person or entity. 11. INTERPRETATION. In the event of any dispute over the meaning or application of any provision, of this Agreement this Agreement will be interpreted fairly and reasonably, and neither more strongly for or against any patty, regardless of the actual drafter of this Agreement. 12. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and may not be deemed a part of this Agreement. 13. ENTIRETY OF AGREEMENT. Page 5 of 5 This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and County as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 14. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which will be considered an original, but all of which will constitute one instrument. EXECUTED as of the last date indicated below: TOWN OF WESTLAKE: COUNTY OF TARRANT: By: ___________________ By:____________________ Thomas E. Brymer B. Glen Whitley Town Manager County Judge Date:____________________ Date:________________ APPROVED AS TO FORM/LEGALITY: APPROVED AS TO FORM: By: ____________________________ By: ____________________ Town Attorney Assistant District Attorney* *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney (s). Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Consider a resolution to enter into an Inter Local Agreement with Roanoke for the reconstruction of Main within the Town of Westlake town limits. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: April 22, 2013 January 1, 2015 Estimated time of Roanoke project Funding: Amount - N/A Status- Funded Source- N/A Decision Alignment , VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Capital Investment 6. Maximize the service provision level to our customers through the use of the shared services model, public/private partnerships, and implementation of innovative inter- SA 06.1: Seek Partnerships Page 2 of 2 governmental agreements. Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The City of Roanoke has planned to reconstruct the entire section of Main Street within the Roanoke city limits. The road will be 6” concrete pavement with curb and gutter, sidewalks, and underground drainage. The proposed street reconstruction project eliminates the existing bar ditches with the installation of underground storm drainage conduit, some of which must be installed within the Westlake portion of Main Street . Given the adjusted city limit boundary which divides the roadway in half longitudinally and that the drainage pipe installation work must be completed, the City of Roanoke has agreed to reconstruct Westlake’s portion of Main Street as a part of their proposed project in return for Westlake’s consent to the construction work within Westlake. This work will be completed by the City of Roanoke with no financial obligation by the Town of Westlake. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution Proposed ILA with Roanoke Main Street Construction Plans Resolution 13-13 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 13-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND THE CITY OF ROANOKE, RELATED TO THE RECONSTRUCTION OF MAIN STREET WITHIN WESTLAKE TOWN LIMITS. WHEREAS, the Interlocal Cooperation Act authorizes local governments to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, Roanoke is a duly organized municipality in Denton and Tarrant County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the City of Roanoke, Texas; and WHEREAS, Westlake is a duly organized municipality in Denton and Tarrant County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the T own of Westlake, Texas; and WHEREAS, The City of Roanoke plans to begin construction on the Town of Westlake portion of Main Street through an inter -local agreement ; and, WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing street to travel; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the proposed inter-local agreement with the City of Roanoke, attached as Exhibit “A”, related to the reconstruction of Main Street within the Town of Westlake town limits. 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 13-13 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22 DAY OF APRIL 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF ROANOKE, TEXAS AND TOWN OF WESTLAKE, TEXAS This Interlocal Agreement (hereinafter referred to as the “Agreement”) is entered into pursuant to the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, by and between the City of Roanoke, Texas, a Texas home-rule municipality (hereinafter referred to as “Roanoke”), and the Town of Westlake, Texas, a Texas general law municipality (hereinafter referred to as “Westlake”). WHEREAS, the Interlocal Cooperation Act authorizes local governments to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, Roanoke and Westlake mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically section 791.011 regarding contracts to perform governmental functions and services; and WHEREAS, Roanoke is a duly organized municipality in Denton and Tarrant County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the Town of Roanoke, Texas; and WHEREAS, Westlake is a duly organized municipality in Denton and Tarrant County, Texas, engaged in the provision of municipal and related services for the benefit of the citizens of the Town of Westlake, Texas; and WHEREAS, Roanoke and Westlake desire to enter into this Agreement to address the construction and improvements to Main Street, located wit hin Roanoke and Westlake; and WHEREAS, Roanoke and Westlake believe this Agreement is in the best interests of Roanoke and Westlake. NOW, THEREFORE, for and in consideration of the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Roanoke and Westlake agree as follows: Section 1. Incorporation of Premises. The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration and promises that bind the parties. Section 2. Term. This Agreement shall be effective as of the Effective Date, as defined herein, and shall continue thereafter until all obligations of Roanoke and Westlake have been performed in full, or on until January 1, 2015, unless terminated sooner under the Page 2 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM provisions hereof. Section 3. Definitions. The following words shall have the following meanings when used in this Agreement. (a) Agreement. The word “Agreement” means this Interlocal Cooperation Agreement, together with all exhibits and schedules attached to this Agreement from time to time, if any. (b) Effective Date. The words “Effective Date” mean the date of the latter to execute this Agreement by and between Roanoke and Westlake. (c) Main Street Project. The words “Main Street Project” means the construction of the public roadway and related improvements on Main Street, consistent with the final approved Main Street Reconstruction plans, including water and sanitary sewer plans, traffic control plans, roadway plans and profile, storm drain plans and profile and erosion control plans, a copy of which are attached hereto as Exhibit B of this Agreement . Said Main Street Project is located within Roanoke and Westlake, Denton County, Texas, as generally depicted in Exhibit A of this Agreement which is attached hereto and incorporated herein for all purposes. (d) Roanoke. The words “Roanoke” mean the City of Roanoke, Texas, a Texas home-rule municipality, whose address for the purposes of this Agreement is 108 S. Oak Street, Roanoke, Texas 76262. (e) Term. The word “Term” means the term of this Agreement as specified in Section 2 of this Agreement. (f) Westlake. The word “Westlake” means the Town of Westlake, Texas, a Texas general law municipality, whose address for the purposes of this Agreement is 3 Village Circle, Suite 202, Westlake, Texas 76262. Section 4. Obligations of Roanoke. Roanoke covenants and agrees with Westlake that, while this Agreement is in effect, it shall comply with the following terms and conditions: (a) Roanoke shall at is sole cost and expense contract for the engineering design of the Main Street Project. In addition, Roanoke shall at its sole cost and expense construct the Main Street Project located within Roanoke, and Westlake, consistent with the Main Street Reconstruction Plans attached hereto as Exhibit B of this Agreement. All roadway construction within the scope of the Main Street Project and within Westlake must comply with Westlake’s ordinances and standards that are in effect as of the Effective Date of this Agreement. (b) Consistent with Section 791.011(d)(3) of the Texas Government Code, Roanoke in Page 3 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM making payments hereunder for governmental functions or services, shall make payments from current revenues available to Roanoke. It is understood and agreed that the funding for the T erm set forth above has been approved and will be appropriated by Roanoke. Section 5. Obligations of Westlake. Westlake covenants and agrees with Roanoke that, while this Agreement is in effect, it shall comply with the following terms and conditions: (a) Westlake shall allow access to Roanoke for the construction of the Main Street Project within Westlake during the Term of this Agreement. Section 6. Default. In the event of default of the obligations of this Agreement, the non-defaulting party shall give written notice to the other party of any default, and the defaulting party shall have thirty (30) days to cure said default. Should said default remain uncured as of the last day of the applicable cure period, and the non-defaulting party is not otherwise in default, the non-defaulting party shall have the right to immediately terminate this Agreement. The written notice shall be mailed to the below-noted addresses via U.S. certified mail, postage prepaid and return receipt requested, and the date of mailing shall be deemed the date of the postmark. Section 7. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Agreement: (a) Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. (b) Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. (c) Assignment. This Agreement may not be assigned without the express writt en consent of the other party. (d) Attorney’s Fees. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). (e) Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. Roanoke warrants and represents that the individual executing this Agreement on behalf of Roanoke has full authority to execute this Agreement and bind Roanoke to the same. Westlake warrants and represents Page 4 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM that the individual executing this Agreement o n Westlake ’s behalf has full authority to execute this Agreement and bind it to the same. (f) Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. (g) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. (h) Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. (i) Immunity and Defenses. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. (j) Notices. Any notice or other communication required or permitted by this Agreement (hereinafter referred to as the “Notice”) is effective when in writing and (i) personally delivered either by facsimile (with electronic information and a mailed copy to follow) or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: if to Roanoke: The City of Roanoke, Texas 108 S. Oak Street Roanoke, Texas 76262 Attn: City M anager Telephone: (817) 491-2411 if to Westlake: The Town of Westlake, Texas 3 Village Circle, Suite 202 Westlake, Texas 76262 Attn: Town Manager Telephone: (817) 430-0941 Page 5 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM (k) Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. (l) Time is of the Essence. Time is of the essence in the performance of this Agreement. [The Remainder of this Page Intentionally Left Blank] Page 6 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM APPROVED by The City Council of The City of Roanoke, Texas, in its meeting held on the day of , 2013, and executed by its authorized representative. CITY OF ROANOKE, TEXAS A Texas home-rule municipality By: Carl E. Gierisch, Jr., Mayor ATTEST: April S. Hill, City Secretary APPROVED AS TO FORM: Jeff Moore, City Attorney Page 7 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM APPROVED by The Town Council of The Town of Westlake, Texas, in its meeting held on the day of , 2013, and executed by its authorized representative. TOWN OF WESTLAKE, TEXAS A Texas general law municipality By: Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary APPROVED AS TO FORM: Stan Lowry, Town Attorney Page 8 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM Exhibit A Depiction of Main Street Project Page 9 of 9 Interlocal Agreement City of Roanoke, Texas – Town of Westlake , Texas 4/17/2013 9:58:29 AM Exhibit B Main Street Reconstruction Plans Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Consider approval of Resolution Approving staff to enter into negotiation with Steele & Freeman, Inc. for construction manager at-risk services establishing a guaranteed maximum price for the Phase One of the Westlake Academy campus expansion project. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: April 22, 2013 May 29, 2015 Click here to enter text. Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance This fund includes: Soft Cost, Purchase of the portable buildings, CM at Risk fees and the projects guaranteed maximum price (GPM). Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Page 2 of 3 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY In 2008, Steele & Freemen Inc. was selected as the construction manager at-risk to build the Sam and Margaret Lee Arts & Sciences Center located on the Westlake Academy campus. The building was completed on time and open in August 2009. The Town received approximately $325,500 in project savings which was used to extend the Sam & Margaret Lee Arts and Science Center parking area. November 12, 2012 the Town Council approved the Westlake Academy master plan presented by Bennett Benner Pettit, Inc (BB&P). On January 29, 2013 the Council instructed staff to have BB&P provides architectural services for Phase 1 of the campus expansion. The architectural scope of work includes three new buildings: (1) single-story Multipurpose Hall (approximately 9,600 sq. ft.) (2) a three story secondary classroom building (approximately 18,900 sq. ft.), and (3) a single story field house (approximat ely 9,600 sq. ft.) The next was to solicit Request for Qualification (RFQ) for a construction manager at-risk for the project. The RFQ for Westlake Academy Phase I Expansion project was published in the March 2nd and 3rd, 2013 edition of the Star-Telegram. We received four proposals on March 20th from the following firms: 1. Steele & Freeman- Fix Fee -1.90% 2. SEDALCO –Fix Fee - 5.50% 3. AUI-Fix Fee - 5.25% 4. Austin Commercial - Fix Fee -2.75% Interviews with the CM at Risk firms began on March 27, 2013 and completed on April 2, 2013. A team of Town Staff ranked each proposal based on experience in educational projects, team job experience, delivering the CM at Risk method of delivery, current jobs and fees. The staff is recommending Steele & Freeman as the CM at Risk contractor for the Westlake Academy Phase I campus expansion. The staff members who completed the interview include: Tom Brymer, Troy Meyer, Jarrod Greenwood, Ben Nibarger, Eddie Edward and Mark Dabney from BB&P. The next step is to engage Steele & Freeman in the design phase of the project. Once the drawing is at 80% to 90%, staff will start the negotiation process to establish a guaranteed maximum price for the project. After a price is established an agreement will be presented to the To wn Council for approval in June. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends Council authorizing the Town Manager to enter into negotiation with Steele & Freeman, Inc. for construction manager at-risk services too establishing a guaranteed maximum price for the Phase One of the Westlake Academy campus expansion project. ATTACHMENTS Resolution Resolution 13-14 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 13-14 A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE TOWN MANAGER TO ENTER INTO NEGOTIATIONS WITH STEELE & FREEMAN, INC. FOR CONSTRUCTION MANAGER AT-RISK SERVICES ESTABLISHING A GUARANTEED MAXIMUM PRICE FOR THE PHASE I OF THE WESTLAKE ACADEMY CAMPUS EXPANSION PROJECT OF THE PHASE I OF THE WESTLAKE ACADEMY CAMPUS EXPANSION. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, the staff is recommending Steele & Freeman as the CM at Risk contractor for the Westlake Academy Phase I campus expansion; and WHEREAS, the next step is to enter into negotiation with Steele & Freeman, Inc. for construction manager at -risk services too establishing a guaranteed maximum price for the Phase I of the Westlake Academy campus expansion project; and WHEREAS, Once drawing is at 80% to 90%, staff will start the negotiation process to establish a guaranteed maximum price for the project and presented to the Town Council for approval in June ; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake . NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby authorizing the Town Manager to enter into negotiation with Steele & Freeman, Inc. for construction manager at -risk services establishing a guaranteed maximum price for the Phase I of the Westlake Academy campus expansion project. 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 13-14 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Consider a resolution awarding the bid from Humphrey & Associates for the installation of the underground power utilities to the temporary classroom buildings. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: March 2, 2013 August 1, 2013 Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance This fund includes: Soft Cost, Purchase of the portable buildings and set up cost, CM at Risk fees and the projects guaranteed maximum price (GPM). Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY In the Student Admission Policy and future enrollment report present at the December 3, 2012 Board of Trustee meeting included recommendation to add three temporary buildings which would add six additional classrooms. The building will be located just to the west of the current portable buildings. The implementation of these new portables will allow for a number of options to be executed based upon enrollment growth over the next several months. By placing these portables in service, it would be possible to move into three sections in the PYP Program if necessary. If the growth does not require the addition of new sect ions in all the PYP grade levels, the portables could be utilized as specials classrooms. On March 2, 2013 staff published a bid notice to purchase three portable building and to install underground utility to the three portable buildings. Staff received three proposals for the underground utility work which include; Big Bear Electric at $24,630.00, Cable Electric at $42, 5000.00 and Humphrey & Associates at $21,223.00. The work is scheduled to be completed by August 1st 2013. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends accept the bid for from Humphrey & Associates to install the underground power to the temporary classroom buildings. ATTACHMENTS Resolution Resolution 13-15 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 13-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AWARDING THE BID AND ENTER AN AGREEMENT WITH HUMPHREY & ASSOCIATES FOR THE INSTALATION OF UNDERGROUND POWER UTILITIES FOR THE THREE (3) TEMPORARY CLASSROOM BUILDINGS AT THE WESTLAKE ACADEMY. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, add three (3) temporary buildings which would add six (6) additional classrooms allow for any enrollment growth over the next several months; and, WHEREAS, the agreement would include the install underground utility to the three (3) portable buildings located at the Westlake Academy; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake . NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approves the contract with Humphrey & Associates relating to the new portables will allow for a number of options to be executed based upon enrollment growth over the next several months attached as Exhibit “A”, 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 13-15 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Consider a resolution authoriz ing the town manager to reject the bid from Mobile Modular for the purchase of three (3) temporary classroom buildings. STAFF CONTACT: Troy J. Meyer, Director of Facilities and Parks/Recreation DECISION POINTS Start Date Completion Date Timeframe: March 2, 2013 April 22, 2013 Click here to enter text. Funding: Amount - $8,500,000 Status- Funded Source- Bond Issuance This fund includes: Soft Cost, Purchase of the portable buildings, CM at Risk fees and the projects guaranteed maximum price (GPM). Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Financial Stewardship FS.Sustain Fiscal Health Strategic Issue Outcome Strategy Staff Action Capital Investment 3. Policy and Cost Analysis Drive by GRowth (Future Assets) SA 03.3: WA Campus Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY In the Student Admission Policy and future enrollment report present at the December 3, 2012 Board of Trustee meeting included recommendation to add three temporary buildings which would add six (6) additional classrooms. The building will be located just to the west of the current portable buildings. The implementation of these new portables will allow for a number of options to be executed based upon enrollment growth over the next several months. By placing these portables in service, it would be possible to move into three sections in the PYP Program if necessary. If the growth does not require the addition of new sections in all the PYP grade levels, the portables could be utilized as specials classrooms, as well as one unit being used as the construction trailer. On March 2, 2013 staff published a bid notice to purchase three (3) portable buildings and to install the underground utility work for the new portable buildings. Staff only received one proposal for the purchase of the three portable buildings which includes six classrooms. Staff republished the bid package on April 13 th and 14th and contacted companies who can provide proposal for the three portable buildings. The bid proposals are due back on April 29th and will be present at the May 6th Board of Trustee meeting for approval. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends to authorizing the Town Manager to reject the bid from Mobile Modular for the purchase of three temporary classroom buildings. ATTACHMENTS Resolution Resolution 13-16 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 13-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO REJECT THE BID FROM MOBILE MODULAR FOR THE PURCHASE OF THREE (3) TEMPORARY CLASSROOM BUILDINGS. WHEREAS, implementation of these new portables will allow for a number of options to be executed based upon enrollment growth over the next several months; and WHEREAS, it would be possible to move into three sections in the PYP Program if necessary or the portables could be utilized as specials classrooms if needed which are located on the Westside of the Art s and Sciences Center; and WHEREAS, the Town Council, have determined it to be in the best interest of all parties to reject the bid due to lack of bids submitted for the temporary classroom building s; and WHEREAS, the temporary classroom buildings bid package notification was published on April 13th and 14th. 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: The Town of Westlake Town Council does hereby authorize the Town Manager to reject the bids from Mobile Modular received for the purchase of three (3) temporary classroom buildings. 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 13-16 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22nd DAY OF APRIL 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, April 15, 2013 Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Comprehensive Plan “Land Use Map” amendment STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: April 15, 2013 April 22, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes 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 Approve an amendment to the Comprehensive Plan, Land Use map. Changing the planned use of the property locate in the PD1-2 zoning district from Office and Retail uses to Mixed-Use. ORGANIZATIONAL HISTORY/RECOMMENDATION Centurion American seeks an amendment to the PD1-2 Planning Area to allow development of an approximately 85 acre tract as a Mixed-use development. The property is currently zoned for Office, and Retail uses. The Comprehensive Plan, Land Use map, should be amended prior to approving a zoning amendment. ATTACHMENTS Exhibit: Proposed Comprehensive Plan, Land Use Map. Ordinance 702 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 702 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN, AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE LIMITED TO THE PARCELS LOCATED WITHIN THE PD1-2 ZONING DISTRICT. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the amending of the Land Use Map; and WHEREAS, the Planning and Zoning Commission and Town Council held public hearings after notice of such hearing s being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit “A”) to the Westlake Comprehensive Plan “Land Use Map” should be approved and adopted; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town of Westlake hereby approves the Land Use Map, as shown in Exhibit A. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be Ordinance 702 Page 2 of 3 declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS _______ DAY OF APRIL, 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary ______________________________ Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 702 Page 3 of 3 Exhibit A Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, April 15, 2013 Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including Development Guidelines, Design Standards, Roadway Design Standards, Residential Development Standards, Signage Standards, and the Concept Plan for PD1-2 to Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: April 2013 April 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Sense of Place Financial Stewardship Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Page 2 of 2 Comprehensive Planning and Management of Natural Resources N/A SA 09D1: Ordinances Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY Consideration of an amend ment to the PD1-2 Planning Area regulations including new land uses and development standards. ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned for Office and Retail uses. The owner/applicant seeks an amendment to the PD1-2 Planning Area to add Residential and Entertainment uses to allow development of a mixed use Planned Development. This development will blend a wide range of various uses (offices, governmental, retail, restaurants, business services, medical services, entertainment establishments, conference center type meeting space, single family residential detached homes and villas or townhomes. The proposed uses will utilize a design for a European style village with a Texas – Spanish architectural theme, tentatively named Westlake Entrada. The applicant advises that the estimated value of improvements on this tract, per these proposed uses, could be approximately $500,000,000. Planning and Zoning Commission recommended approval, subject to some changes, by unanimous vote at their April 15, 2013 meeting. Staff recommends approval subject to the provisions contained in the staff report. ATTACHMENTS Click here to enter text. 1. Site Location Map 2. Staff Report 3. Ordinance Including Ordinance Exhibits a) Legal Description of PD District b) PD1-2 Concept Plan c) Westlake Entrada Development Standards d) Westlake Entrada Design Standards e) Westlake Entrada Public Roadway Standards f) Westlake Entrada Residential Development Standards g) Construction Phasing Plan (see Concept Plan) Page 1 of 12 TOWN OF WESTLAKE, TX ZONING CHANGE REQUEST STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL I. CASE INFORMATION Case No. Z-03-01-13 Date: 4-7-2013 Request: Applicant is requesting approval of the following: Zoning Amendment X (PD1-2; PD-1, Planning Area 2) Concept Plan X Agenda Item: Public Hearing and Consideration of an Ordinance Amending the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including Development Guidelines, Design Standards, Residential Development Standards, Roadway Design Standards, Signage Standards, and the Concept Plan for PD1-2 to Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. Development Name: Westlake Entrada Location: The subject property is an approximately 85 acre tract generally located at the northeast Corner of FM 1938 and Solana Boulevard. (Note: legal description of the subject property is included in the proposed ordinance, also see attached vicinity map). Owner: Maguire Partners-Solana Land, LP (Mehrdad Moayedi) Applicant: Jeffory D. Blackard Developer: Centurion American Development Group Acres: 85 acres (approx.) Proposed Use(s): A mixed use planned development that will blend a wide range of various uses (offices, governmental, retail, restaurants, business services, medical services, entertainment establishments, conference center type meeting space, single family residential detached homes and villas or town homes. The development will utilize a design for a European style village with a Texas–Spanish architectural theme (Spanish), tentatively named Westlake Entrada. Notice Requirements: Written notice was mailed to all property owners within 200 feet as required by Town Ordinance. Additionally, written notice of this request was mailed Page 2 of 12 to the Glenwyck and Vaquero HOA/s, as well as the Town of Trophy Club (note: Trophy Club’s notice was to comply with the Memorandum of Understanding we have with them to advise each other about development activity along the SH 114 corridor in our respective communities.) Information, including this staff report, as well as all materials furnished on this request, contained in the Town Council’s and/or Planning & Zoning Commission’s agenda packets, was placed on the Town’s web site. Also, an email blast will also be sent out to Town residents (on the Town’s email list) advising them of this pending request for zoning. II. STAFF REVIEW COMMENTS 1. General Information/Proposed Uses: This agenda item is consideration of an Ordinance amending the permitted uses and development regulations of newly established Planning Area 2 of the PD1 zoning district (PD1-2) to allow for a mixed-use planned development at this location as well as approve a Concept Plan for this development. The subject site is approximately 85 acres located at the northeast corner of FM 1938 (Davis Blvd) and Solana Boulevard. Subject site is bounded on the south by Solana Boulevard, on the west by FM 1938 (Davis Blvd), on the north by SH 114, and to the east by a Solana office park development that is part of the PD1-1 zoning district. As indicated, this site is the newly established PD1-2 Planning Area 2 which formerly had been a part of PD-1 commonly referred to as Solana. This proposed mixed-use planned development is tentatively named Westlake Entrada. It will blend various uses requested which include office, governmental, retail, restaurants, conference center type meeting space, hotel, as well as residential uses (single family residential detached, and villas or townhomes). These proposed permitted uses are set out in greater detail in the proposed ordinance document, would be configured in a harmonious manner around a large water feature, plazas, an amphitheater, towers, as well as and other common area design features and open space. The intended design result is to achieve a unique sense of place via a European style village, with a Texas-Spanish architectural theme, where people can gather, live, work, entertain, shop, and recreate. The Ordinance amending the permitted uses and development regulations of this newly established Planning Area 2 (PD1-2) to allow for a Mixed Use Planned Development includes: • Development Guidelines for Planning Area 2, PD1-2 • Design Standards for Planning Area 2, PD1-2 • Residential Standards for Planning Area 2, PD1-2 Page 3 of 12 • Roadway Design Standards for Planning Area 2, PD1-2 • Concept Plan for Planning Area 2, PD1-2 2. Conformance with Comprehensive Plan: This proposed rezoning request requires an amendment to the Land Use component of the Town’s Comprehensive Plan to allow for mixed use as a land use at this location. Current designation for this property on the Land Use Plan is for office-retail uses. A mixed use designation on the Land Use Plan would continue the exiting office retail uses, but add residential (single family and villas or town homes, but not condominiums and apartments) and entertainment uses to the already designated office-retail uses. 3. Existing Zoning Compared to Proposed Amended Uses: Current zoning entitlements for the PD1-2 Zoning District is for office, parking garage, hotel, health industry related, and retail uses (note: the retail uses currently allowed are extensive). This rezoning request is seeking, by requesting a mixed use zoning district, to add other uses- entertainment and residential, to create a true mixed use development. The proposed uses in this request for PD1-2 are consistent with a mixed use planned development designed to create a European style village (tentatively named Westlake Entrada). The proposed uses (both existing and new) for PD1-2 include: medical offices, office, governmental, retail, restaurants, business service establishments, hotel, conference center type meeting space, and various residential uses. The various residential uses proposed for PD1-2 would include single family residential detached homes and villas or townhomes, but not apartments or condominiums. The net effect is the addition of relatively few new uses, but the layout of the development per the proposed design guidelines and standards for this mixed use development would create a more unique development than the typical commercial development that consists only of retail and office pad sites surrounded by surface parking. 4. Concept Plan and Development Standards: a. Concept Plan. The purpose of the Concept Plan is to provide an overall general design layout that shows the general locations of uses as well as the location of streets, water features, and open space areas. The Concept Plan is intended to guide the preparation of the site plan. The site plan is a more detailed exhibit, which will come forward for consideration for approval by the P&Z and/or Council along with a preliminary plat at a subsequent date, if this zoning request is approved as proposed. Page 4 of 12 The applicant’s Concept Plan, if approved, becomes part of the proposed zoning ordinance establishing the use and development regulations for this PD1-2 planning district. The Concept Plan shows where the mixed uses would be located on the tract, as well as various public/common areas, plaza, conference center, public buildings such as a Town Hall, and water features for this site. The developer/owner has indicated willingness to also designate a fire station site on the site plan to be submitted (if zoning is approved). All of these uses are designed to integrate, flow together and work harmoniously as a village, or in planning parlance, a mixed-use development. While the applicant has indicated that they wish to make use of the site’s natural beauty with its topographical variation (i.e. - rolling terrain), extensive improvements will be made to it after zoning is determined. The improvements contemplated on the site are extensive and include landscape and water features as well as streets and other infrastructure. The applicant will, if rezoning is approved, propose construction of these public improvements to be funded by a public improvement district (PID). PID’s may be created under State law and approved by the Town, but creates no financial obligation for the Town (i.e. the Town will not be responsible for repayment of the PID bonds, rather the PID bonds will be paid solely through assessments on the improvements inside and only inside the development). PID’s are a commonly used tool used by municipalities to facilitate a community development, while at the same time, not burdening the municipality financially. There are also other public financing tools available that may be utilized, if they are determined to be a better tool than a PID. If another economic development tool is utilized other than a PID, it too would be configured to place no financial liability on the Town. b. Development Standards. The Development Standards for this Planning District intend to establish standards to achieve the goal of a site design that creates community with a balanced sustainable mix of uses blended as a village. According to these Development Standards, buildings are multi-use and follow the size, scope, scale and variety of a small European village. Further, the Development Standards intend to promote an efficient pedestrian access network between residential and non-residential uses. The physical relationship between the development, adjacent properties, public streets, neighborhoods, and the natural environment is created by: • Site design that mimics the efficient pedestrian patterns that have evolved in European villages • High quality street and sidewalk-oriented environments that support pedestrian mobility and are appropriate to the roadway context Page 5 of 12 • Ensuring large sites are developed in a manner to support and encourage connective, cohesive visual identity, and attractive street scenery. Key design elements have been identified in these Development Standards which are intended to achieve this type of development. They are: 1.) centrally located parking areas, 2.) use of structured parking, 3.) building size and shape variety, 4.) varied orientation of buildings to other buildings and the street, 5.) multiple building faces (4-sided building architectural design), 6.) pedestrian friendly environment and 7.) use of public art as well as sitting and gathering spaces throughout. The Standards espouse being flexible enough “…for creative building solutions, while being prescriptive enough in areas necessary to preserve consistency throughout the development...” Key development features identified in the Development Standards include a plaza, amphitheater, waterfront homes, bridges and water features, chapels, open space with trails and landscaping as in a European village (not suburban commercial development type landscaping). 5. Proposed Design, Pace of Development, Building Size Minimums, Integration of Uses, Density, and Setbacks: a. Design and Integration of Uses. It should be noted that, while this is a mixed used development in terms of land use, it is unlike almost all other mixed use developments that staff is aware of (many of which are located in an urban core area or seek to replicate that experience). While it does incorporate multiple uses as many mixed use developments do, it incorporates multiple uses via the use of the “village concept”. Multiple types of uses are designed as village, configuring and integrating these uses in a harmonious manner around a large water feature, plazas, an amphitheater, bell tower, chapel, public buildings, as well as and other common area design features and open space. The outcome of such a design approach is to integrate these uses to achieve a unique sense of place as a European village where people can gather, live, work, entertain, shop, and recreate. This is a very different approach to the more traditional (in this country) Euclidian type zoning approach that has been prevalent since World War II which sets land uses in separate districts, thus separating commercial and residential land uses, consequently largely separating the interaction of various population groups. b. Density and Setbacks, Minimum Building Size, Pace of Development. Because these multiple uses are integrated in the mixed use village-type fashion proposed, density is dealt with differently. While this development achieves higher density than a typical single family residential development (in many Page 6 of 12 cases there are no building setback requirements as in a traditional zoning districts), the visual impact of this density is different because density is impacted positively by the presence of significant open spaces and gathering spaces into the design (see the proposed Concept Plan), thus integrating the uses. These open spaces, typical of a village, include water features, plazas, amphitheater, bell tower, public art, chapel, public buildings, as well as and other common area design features. There are a total of 322 residential units included in this zoning request. There is more than one type of residential use proposed: Single Family Residential Detached, Villas , and Townhomes (fee simple owner occupied). It should be noted that no apartments or condominiums are proposed in this rezoning application. In order to insure that this will be a true mixed use development and that residential construction will not outpace or be built first in lieu of non-residential construction, pace of development is defined in the proposed ordinance regulating this rezoning request as follows: • For the first year of active development (as defined from the date of the first vertical construction building permit application for PD1-2), the owner/developer shall be entitled to permit up to 30 Residential Units. • From Residential Unit 31 forward, the owner/developer must demonstrate to the Westlake Building Official that a.), for Residential Units 1-30, a ratio of 1,500 sq. ft. of non-residential use building space has been permitted for each Residential Unit building permitted thus far and b.) that this same ratio will be maintained for Residential Unit 31 forward. • The owner/developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to- date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six (6) months of being included in the 1,500:1 Residential Unit calculations. Other non-residential developments often use Floor Area Ratio (FAR) to regulate density. FAR is the ratio of a structure’s square footage to the pad site. With this proposed Ordinance, the zoning would not utilize FAR to regulate density, but would limit density by height restriction and lot area coverage. Setbacks are set at “no minimum” for front, rear, and side yards to facilitate mixed use development. Minimum residential building (single family and town homes) sizes are set out in Exhibit 7 of the proposed Ordinance. Minimum Page 7 of 12 building size is set at 400 sq. ft. for non-residential primary use structures to facilitate mixed use design for the development. c. Design Guidelines, Building Design, Lighting, Parking, and Architecture. The Design Guidelines establish design principles for PD1-2 that shape building design including building massing, scale and rhythm, architectural elements, entrances, façade treatments, lighting, signage, and streetscape. Each permanent structure must have building elevation review and approval from the Town prior to issuance of a building permit. Additionally, only durable materials such as clay fired brick, natural stone, granite, marble, stucco, and manufactured stone or EIFS (when approved on a case by case basis via the Site Plan approval process), and will be considered primary materials for buildings in Westlake Entrada. Native Texas stone materials will be given primary consideration in the building material selection process. Primary materials as describe here must comprise at least 80% of each floor, excluding windows and doors. Other building material standards are contained in the proposed Zoning Ordinance for this request as well. Architecture will emphasis Spanish-Mission or Spanish type architecture. Four-sided architecture is required for all buildings. Residential and townhomes structures must have have 80% stone exterior wall materials. No composition roofs are allowed. Roofing materials are limited to natural slate or authentic clay tile, or have the appearance of slate or clay tile. Flat roofing systems may me used where appropriately masked from street-level view corridors by parapets and/or other architectural features. Standing seam metal roofing may only be used for minor areas such as porches and patios and in areas not generally visible. A lighting plan must be submitted at the site plan stage. Lighting must meet reflect Town standards established by ordinance. Limited up-lighting may be considered in the lighting for the chapel, bell tower, and town hall. Overhead lighting for public and private parking areas must use full shielded and/or full cut- off fixtures. Parking standards for a mixed-use development are set out in the proposed Zoning Ordinance. Additionally, other Town ordinances for parking apply unless a parking analysis for a specific use is provided at site plan application and approved by the Town. Parking garages are permitted, however, if they are visible from streets or adjacent property, they shall have an architecturally finished façade compatible with surround buildings and look like a regular Page 8 of 12 building, not a parking garage, unless approved otherwise by the Council via the site plan process. d. Sign Regulations. Sign regulations proposed in the Sign Standards for this rezoning request are the same or similar to those used on Planning Districts located in the property known as the Circle T Ranch in Planning District 3-4. Additionally, the Design Guidelines speak to signage in this development as well. 6. Financial Impact Analysis. Should this zoning change request be approved, infrastructure construction for the development is the responsibility of the owner/developer. Impact of this zoning change request on Town services has been analyzed. Public safety services (i.e. police, fire, and EMS) have much capacity at current levels and thus, 1.) this development would not add cost in that regard and 2.) it would generate revenue to support existing levels of public safety service for the remainder of the Town. Water and sewer capacity exists to serve this development, although the developer is responsible for the cost of installation of water and sewer infrastructure within this development as well as any off-site water and sewer lines necessary to connect this property to the Town’s water and sewer system. Street infrastructure within the development would be constructed at the developer’s cost and if the streets within the development are proposed to be dedicated to the Town, the Town (at the time of platting and site plan consideration) will require the developer/owner to create a home owners’ association (or similar type organization) to be responsible for funding street maintenance costs. Any improvement identified by the required traffic study that shows this development creates the need for traffic signals on FM 1938 or Solana Boulevard or any other improvements (i.e. widening) to Solana Boulevard will be the developer’s cost responsibility and will be addressed via a development agreement required prior to approval of the preliminary plat. Finally, costs of installation and maintenance of any publicly accessible open space or trails within the development will be the responsibility of the developer/owner and will be addressed by development agreement considered prior to the preliminary plat. 7. Utilities: Water and sewer utilities are to be provided by the Town and service is available to the subject site. Any dedication of water and sewer easements for public lines will be dealt Page 9 of 12 with at the time of preliminary plat approval. All on-site and off-site water and sewer improvements necessary to serve the development are the developer’s responsibility. 8. Access/Site Boundary Streets/Thoroughfare Plan: The subject tract is served by SH 114, FM 1938 (Davis Boulevard), and Solana Boulevard. FM 1938 is classified as a major collector by the Town’s approved thoroughfare plan in the Approved Comprehensive Plan, while Solana Boulevard is classified as collector . FM 1938 was recently improved and was designed with the capacity to serve this site. Streetscaping alongside of the site adjoining FM 1938 will need to comport to the Town’s FM 1938 Streetscape Plan. Solana Boulevard adjoining the south side of this tract presently is constructed only as one-half of a future 4 lane divided (median) roadway. As such, the northern 2 lanes of Solana Boulevard will need to be constructed adjacent to this tract to provide adequate safety, traffic movement, access and capacity to serve this site on its south side. Solana Boulevard improvement will be a requirement stipulated in a development agreement that will be approved at the time of the site plan/plat approval (which will be considered at a future date). The applicant has prepared a traffic impact analysis of their development that staff has used as a part of making these determinations. The applicant will be required to pay a pro- rata share of the costs for signalization of the intersection of Davis Blvd. and Solana Blvd. when traffic levels warrant it. Streets internal to the PD1-2 Planning District will be laid out and established through the site plan and platting approval process at a future date, at which time determinations will be made as to their location, capacity, and status as public or private streets. All streets, public or private, within the development will meet the Roadway Design Standards included in this Ordinance. If streets are to be public, they will be dedicated by plat. Ingress/egress points (driveways) to the site are shown on the concept plan, but will be finalized at the time of site plan approval. Ingress/egress is shown on FM 1938 and Solana Boulevard. There is no ingress/egress point proposed to SH 114 on the north side of the site (this is controlled by TxDOT and involves significant utility relocation if a driveway point were to be pursued for this location.) 9. Infrastructure(Generally)/Roadway Design Standards/Drainage: a) Infrastructure (Generally). The applicant has submitted a Concept Plan for the proposed use on the proposed PD1-2 site which is attached and becomes part of the proposed zoning ordinance establishing the uses and development regulations for this planning district. The Concept Plan shows the general locations of internal street infrastructure, ingress/egress Page 10 of 12 points, as well as general locations of various common areas and water features for this site. While the developer has indicated that they wish to make use of the site’s natural beauty with its topographical variation (i.e. - rolling terrain), extensive improvements will be made after zoning is determined. The improvements contemplated on the site are extensive and include many landscape and water features as well as streets and other infrastructure. These improvements are the developer’s responsibility. The Town may, however, decide in the future to consider economic development tools, as allowed by State law, for certain aspects of site development (for example, the water feature). These economic development tools include a public improvement district (PID) or a tax increment reinvestment zone (TIRZ), that would be negotiated by separate agreement. Further, these would be configured so there is no financial obligation on the Town’s part. PID’s and TIRZ’s are a commonly used economic development tool used in situations like this by Texas municipalities Texas to facilitate a development while not burdening the municipality financially. b) Roadway Design Standards. All streets within the development, whether private or dedicated to the Town, shall meet the Town’s construction standards. Additionally, design standards regarding street widths, with and without parking, for this development, would be established by the Roadway Design Standards adopted with this Ordinance. c) Drainage. Storm water run-off from the site as developed must meet the Town’s standards and likely will make use of the water feature shown on the Concept Plan to meet those requirements. 10. Landscaping, Parking and Streetscaping Requirements: a. Landscaping and Parking. Because a Concept Plan is general in nature, it is not intended to show a detailed landscape plan or parking plan. A detailed landscape plan and parking plan will be required to be submitted at the time of site plan submittal when it is brought forward at a later date for consideration. Landscaping for this development is also described in the Development Standards for this development that would be adopted with the Ordinance. Landscape standards, as proposed in this Ordinance, would be different than in other zoning districts based on the unique nature of this development as a village. Parking as it relates to street design within the development is also described in the Design Guidelines for the development that would be adopted with the Ordinance. Page 11 of 12 Detailed parking requirements are contained in the proposed Zoning Ordinance for this request. If a use is proposed with parking requirements different from those in Town ordinance, a parking analysis must be submitted with the site plan for consideration and possible approval by the Town. b. Streetscaping. A detailed streetscaping plan will be shown on the site plan. The development should comport, on its FM 1938 perimeter, with the Town’s FM 1938 Streetscape Plan. Additionally, this development’s entire perimeter streetscape is shown in general form on the Concept Plan (but will be developed in detail at the time of site plan submittal) and should integrate and transition well in terms of aesthetics with any development that occurs at the southeast corner of FM 1938 and Solana Boulevard. The site’s perimeter streetscaping, if including decorative walls, should include a short (not greater than 3.5 feet in height) masonry wall along FM 1938 and Solana Boulevard (so the village is visible from FM 1938 and Solana Boulevard). Also, streetscape design internal to the development is established within the Design Guidelines that would be adopted with the Ordinance. 11. Pedestrian Circulation and Trail-Sidewalk Connectivity Both Internally and along the Site Perimeter: Connectivity of this zoning district to the Town’s public hike/bike trail should be contemplated by the applicant in their Site Plan submittals. Sidewalks and trails internal to the site will need to connect, by access points, to sidewalks, trails, or pubic rights-of- way on the perimeter of the site as well as to sidewalks or trails on adjacent tracts. All these considerations should be finalized at the time of site plan and preliminary plat consideration. The Concept Plan does show a pedestrian trail on their site running in a general east-west direction connecting the Solana office park to east with FM 1938. The trail is proposed in part to parallel the water feature at certain locations along its route through the development. This proposal meets the trail plan in the Town’s Comprehensive Plan. 12. Open Space/Parkland Dedication Open space for PD1-2 shall contain 20% open space as a minimum with said open space determined at site plan. Park land dedication fees shall be dealt with during site plan or platting, unless otherwise agreed to by separate agreement approved by the Town Council. Page 12 of 12 _______________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this zoning change request with the adoption of this Ordinance which includes a legal description of subject site, Development Guidelines, Design Standards, Residential Development Standards, Roadway Design Standards, and Concept Plan for Planning Area 2, PD1-2. Further, Staff wishes to note the items identified above that will be dealt with at submittal of the site plan and/or preliminary plat for this development (note: this is not the final list of site plan and platting items, only those things identified in this report). These include: • Dedication of water and sewer easements for public lines. All on-site and off- site water and sewer improvements necessary to serve the development are the developer’s responsibility. • Solana Boulevard additional lanes on the south side of the subject tract shall be constructed by the developer as stipulated in a development agreement to be executed at site plan/plat approval. • The developer shall pay, via a development agreement, a pro-rata share of the costs for signalization, per a traffic impact study approved by the Town, of the intersection at Davis Blvd. and Solana Blvd or any other intersections near or on his development. • A detailed landscape plan and parking plan must be submitted with the Site Plans. • A detailed streetscaping plan shall be submitted showing how it will be integrating and transitioning well in terms of aesthetics with the development at the southeast corner of FM 1938 and Solana Boulevard. • Sidewalks and trails internal to the site will need to connect by access points to sidewalks, trails, or pubic rights-of-way on the perimeter of the site as well as to sidewalks or trails on adjacent tracts. 1 Item Three, Ordinance 702 Change One Page 14 – both references to Exhibits should be Exhibit “A” Item Four, Ordinance 703 Change One: Page 35 - Exhibit “A” of Ordinance 703, Section3.1 Section 3.1 Pace of Residential Use Development within PD1-2: 3.1.1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. “First year of active development” is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3.1.2 From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3.1.1) is substantially completed, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft. of non-residential use building space has been permitted for each additional Residential Unit permitted. 3.1.3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six-months of being included in the 1500 :1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. Change Two: Page 80 - Should say Exhibit 4. ( Not currently labeled.) Change Three: Page 35, 7th line from bottom – Exhibit 7 should be Exhibit 6 2 Change Four: Page 20, section 2 – add the words “set out as Exhibit ‘A’” after “amended by this PD ordinance” Change Five Page 30 Antique store to “S” (by SUP) Change Six Change “clothing store” to show “X” in both columns Change Seven Page 38 - Section 11.4 Change wording as follows: “1. Only durable materials shall be allowed as primary exterior wall materials. Primary materials include clay fired brick, natural stone, granite, marble, stucco, and, when approved by Town Council, manufactured stone.” Change Eight Section 11.4 Change wording as follows: Remove second sentence and replace with: “2. EIFS shall not be used as an exterior building material.” Change Nine Add the three mentioned slides to Exhibit 6 if add condos. Change Ten Add 4.2 “Residential condominiums. Residential condominiums are only allowed by SUP as shown in Exhibit 6.” If add this section, the usage tables should also be changed to reflect this addition. The numbering should be adjusted to be sequential Change Eleven Add definition of residential condominium. “Residential condominium means a building or complex of buildings on a single platted lot containing a number of individually owned residential units with certain jointly owned elements such as grounds and walkways.” Or a definition recommended by the Town Attorney. 3 Change Twelve Under “Amusement/Regulation” add “Bowling Alley” with an “S” for SUP. Change Thirteen Change wording on page 73 to read as follows: “Most public streets, private streets, plazas, gathering areas, alleys and/or pedestrian access corridors within Westlake Estrada may have minimal landscaping, so long as it does not interfere with transportation or pedestrian access, to retain authenticity to the small European Village. Some plantings may be accommodated in large-scale containers, so that they may be relocated for public events.” Change Fourteen Change to minimum square footage for Townhomes to 1800. Change Fifteen Exhibit 7 Change as follows: Unit Mix ratios table Eliminate category 1200-1800 113 units for the 1800-2500 category 110 units for the 2500-3600 category 98 units for the 3600-12,000 category Add: Condominiums TBD by SUP Change Sixteen Page 33 – Table add Signature Bridge (exterior all stone) as approved by site plan Change Seventeen Page 41 – Section 11.13 Remove words “EIFS or” ORDINANCE 703 PAGE 1 OF 91 TOWN OF WESTLAKE ORDINANCE NO. 703 PD1-2 PLANNED DEVELOPMENT 1 PLANNING AREA 2 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 85.9 ACRE TRACT OF LAND IDENTIFIED AS PLANNING AREA 2 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1-2) GENERALLY LOCATED IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS; AMENDING THE PERMITTED USES BY ADDING RESIDENTIAL AND ENTERTAINMENT USES TO THE OFFICE AND RETAIL USES CURRENTLY PERMITTED IN THE “PD1” PLANNED DEVELOPMENT DISTRICT THEREBY CREATING A MIXED-USE “VILLAGE STYLE” ZONING DISTRICT; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVIDING A SAVINGS CLAUSE; A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Westlake Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Westlake Town Council (sometimes referred to as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Council after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, the Town of Westlake’s Land Use Map contained in its Comprehensive Plan, was substantially amended in 2004 to reflect used in zoning granted by the Town in the late 1990’s; and WHEREAS, there is located within the corporate limits of the Town of Westlake an approximately 85.9 acre tract of land (commonly known as Planning Area 2 of the PD1 zoning district being the portion of the PD1 zoning district bounded by Solana Boulevard to the south, FM 1938 “Davis Blvd.” to the west, and SH 114 to the north); and ORDINANCE 703 PAGE 2 OF 91 WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, because of improvements to FM 1938 (Davis Blvd.), further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for new and unique mixed-use development within the Pla nning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the amendment of PD 1-2; and WHEREAS, the Commission held a public hearing upon the application of Centurion American to amend the Comprehensive Plan to establish PD 1-2 and approve zoning for PD 1-2 on April 15, 2013, as well as the Town Council held a public hearing on this same application on April 22, 2013 after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the amendments (Exhibit “A”) to the Westlake Code of Ordinances should be approved and adopted; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance, which the Council has determined to be consistent with the 1992 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 202 as amended by Ordinances 588 and 691, is hereby amended by this PD Ordinance, set out as Exhibit “A”, by amending the Planned Development District PD1, Planning Area 2 (PD1-2) within the property described in Exhibit 1 attached hereto by reference ORDINANCE 703 PAGE 3 OF 91 for all purposes. This Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibits 2 thru 7. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: That all provisions of this Ordinance not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all ot her provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two-Thousand ($2,000.00) for each offense. Each day that a violation is permit ted to exist shall constitute a separate offense. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 22nd DAY OF April, 2013. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney ORDINANCE 703 PAGE 4 OF 91 EXHIBIT A PD1 PLANNING AREA 2 (PD1-2) MIXED-USE “VILLAGE” PLANNED DEVELOPMENT Contents ARTICLE I. GENERAL PROVISIONS ............................................................................................... 5 SECTION 1 SHORT TITLE ........................................................................................................... 5 SECTION 2 PURPOSES ................................................................................................................ 5 SECTION 3 GENERAL DEFINITIONS......................................................................................... 5 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS .................................................... 7 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SIT E PLANS. .......................... 7 ARTICLE II. USES .............................................................................................................................. 8 ARTICLE III. DEVELOPMENT STANDARDS ................................................................................. 18 SECTION 1 DENSITY ................................................................................................................ 18 SECTION 3 MINIMUM LOT WIDTH ........................................................................................ 18 SECTION 4 MAXIMUM BUILDING HEIGHT .......................................................................... 19 SECTION 5 MINIMUM BUILDING SIZE.................................................................................. 19 SECTION 7 REAR YARD SETBACKS ...................................................................................... 19 SECTION 9 SLOPE REQUIREMENTS ...................................................................................... 19 ART ICLE IV. EXHIBITS ................................................................................................................... 33 ORDINANCE 703 PAGE 5 OF 91 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 1, Planning Area 2 (“PD 1 -2”) Village Planned Development Zoning District Ordinance.” or simply as the "PD1-2 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to establish a super ior quality mixed-use development with design features and planning elements reminiscent of a European pedestrian scaled village. The Ordinance provides for the integration of vertical and horizontal mixed uses that allow commercial, retail, governmental, hotel, and entertainment uses as well as S ingle-family detached and Townhome residential uses on the property bounded by Solana Boulevard to the south, FM 1938 (Davis Blvd.) to the west, and SH 114 to the north, and to provide an appropriate transition bet ween the intensity of the SH 114 Corridor to the north and the existing and anticipated residential development to the south. SECTION 3 GENERAL DEFINITIONS For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Council at the time of the Adoption of this PD Ordinance and that are applicable to development within the PD District. Council means the Town Council of the Town of Westlake, Texas. Condominium (residential) means is the form of housing tenure and other real property where a specified part of a piece of real estate is individually owned, while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights associated with the individual ownership and controlled by the association of owners that jointly represent ownership of the whole piece. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Developer means the developer of the tract, or any portion of said tract, covered in this Ordinance as described in the legal description for said entire tract set out in Exhibit 1 to this Ordinance. ORDINANCE 703 PAGE 6 OF 91 Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit, or other masonry materials approved by the Commission and/or Council. PD Concept Plan means any one or more of the drawings attached to this PD Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the Planned Development Zoning District or Planning Area established or amended by this PD Ordinance. PD Ordinance means this Planned Development Zoning District ordinance, including the PD Concept Plan. Planning Area means an area within a Planned Development zoning district, the boundaries of which have been approved by the Town, which may have Permitted Uses and Development Regulations that are only applicable to the Planning Area. Residential Unit : Any Building to designed, constructed, and intended to be occupied by a Single-Family. Single-Family, Detached Residential Unit : A Single-Family Residential Unit that may be conveyed with a fee-simple, platted lot and that has no common walls with another structure. Town means the Town of Westlake, Texas or the appropriate Town staff when designated as a reviewing agent. Townhome: A Residential Unit attached to additional Residential Units and/or Non-Residential Uses, that may be conveyed with a fee-simple, platted lot. Town Manager means the Town Manager of the Town of Westlake or his/her designee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as it exist at the time of the adoption of this PD Ordinance. ORDINANCE 703 PAGE 7 OF 91 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS Section 4.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan and this PD Ordinance, development within the PD1-2 Planning Area shall be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance shall control. Section 4.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan, Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of such plan and ordinance. SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of drawings and documents generally labeled as (1) "Concept Plan" and (2) “Concept Plan Key” Except as otherwise provided by this PD Ordinance, each of these drawings and documents are a part of this PD Ordinance, and all graphic depictions and Concept Plan details included in the Concept Plan Key are considered "regulatory" standards. The drawing labeled "Concept Plan" identifies the general boundaries of the PD District. The exact boundaries of the PD District are shown on the metes and bounds description attached hereto as Exhibit 1. Any infor mation shown on this drawing that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD District. Section 5.2 PD Development Plan If the Council requires, as a condition of establishing the PD district and approving a PD concept plan, that PD development plans be submitted prior to submittal of a PD site plan, a PD development plan may be prepared and submitted for the entire developme nt at one time or for individual phases of development. Each plan shall be submitted in 15 copies to the Town Manager or his designee. Each PD development plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary dr ainage study for the area covered by the proposed plan. If deemed necessary by the Town Manager, the applicant for a PD development plan shall also submit an updated traffic impact analysis prior to Commission action. A PD development plan may be used where the developer requests or the Commission and/or Council requires certain standards for the PD district to be specified after initial establishment of the PD district, and constitutes an amendment to the approved PD concept plan and PD Ordinance. A ORDINANCE 703 PAGE 8 OF 91 PD development plan includes more detailed information as to the specific land uses and their boundaries. The purposes of a PD development plan are to allow flexibility in the development process by deferring specification of all development standards at the time of PD district creation and to enable developers to satisfy conditions imposed on creation of the district prior to submittal of a PD site plan Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period (or extended period if approved by the council) unless, within such period, a preliminar y plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearing process that a zoning change is required to adhere to by State law. ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD1-2 Planning Area shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is per mitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessor y use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed by right as a principal or accessory use. The symbol “NSA” shall mean that the use was not specifically addressed in the original 1992 Zoning Ordinance Land Use Schedule referenced by the original PD1 ordinance. ORDINANCE 703 PAGE 9 OF 91 PD1 PLANNING AREA 2 (PD1-2) – MIXED-USE DEVELOPMENT LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP, NSA= Not Specifically Addressed in the PD1 use table, Blank= Not Allowed, (*) Signifies Uses with special guidelines, see section [Special Uses] PD1 PD1-2 AGRICULTURAL USES Community Garden and/or Vineyards NSA X Farms General (Crops) X X Farms General (Livestock, Ranch) X X Orchard X S Plant Nursery (Growing) X S Plant Nursery (Retail Sales) X S Stables ( As a Business) S Stables (Private Use) S S Veterinarian (Indoor Kennels) X Veterinarian (Outdoor Kennels) Wind Turbines RESIDENTIAL USES Detached Garage (Private) NSA A Servants/Caretakers Quarters* A A Single-Family Attached (Townhome, Brownstone) X Single-Family Detached X Condominium (residential) S Sport/Tennis Courts (Private) NSA A Swimming Pool (Private) NSA A Temporary Accommodation for Employees/Customers/Visitors* A A ORDINANCE 703 PAGE 10 OF 91 INSTITUTIONAL and GOVERNMENTAL USES Child Daycare (Private; 7 or more)* X S Child Daycare (Public; 7 or more)* X X Church or Place of Worship (with accessory uses)* X X Civic Club X X Clinic X X College or University X X Community Center (Public) X X Data Center NSA X Electric Transformers NSA X Electrical Substation S S Emergency Ambulance Service (Governmental) X X Fire Station X X Government Building X X Heliport/Helistop/Vertistop S S Hospice X S Hospital X S Library X X Nursing/Convalescent Home X X Package and Mailing Service (Private) X X Police Station X X Post Office (Governmental) X X Private Streets/Alleys/Drives NSA X Psychiatric Hospital X S Rehabilitation Care Institution NSA S Retirement Home X X School, K-12 (Private) X X ORDINANCE 703 PAGE 11 OF 91 School, K-12 (Public) X X School, Vocational X X Telecom, Electric, Cable and Fiber Optic Switching Station, Network Op Center X X Surgery Center – Overnight Stay NSA X Use Associated with Religious Institution X X Utility Distribution Lines (Buried)* X X1 Utility Distribution Lines (Overhead)* NSA X2 Utility Shop and Storage S S Water and Sewer Pumping Station (above grade) X S Water and Sewer Pumping Station (below grade) X X Water, Sewer, Electric and Gas Meters X X Water Storage Tank (Elevated or Ground) S S COMMERCIAL USES Accessory Building NSA A Administrative, Medical, or Professional Office NSA X Amphitheater – Public and/or Private - Over 300 seat NSA S Amphitheater – Public and/or Private - 300 seat or less NSA X Antenna and/or Antenna Support Structure, Commercial S S Antenna and/or Antenna Support Structure, Non-Commercial X X Antenna (Stealth, Commercial) X X Antique Shop and Used Furniture X S Aquarium, Bird and / or Pet Shop NSA X Artisan’s Workshop Art Gallery and/or Studio NSA X Assisted Living Facility NSA S Athletic Fields, Public and/or Private (non lighted) NSA X Athletic Fields, Public and/or Private (lighted) NSA S Auto Parts Sales, Inside S X ORDINANCE 703 PAGE 12 OF 91 Automobile Car Wash NSA S Automobile Parking Lot/Garage (Paid and/or Free) NSA S Automotive Repair S Antique shop X Bakery – Custom with onsite production X X Ballroom NSA X Bank, Savings and Loan, or Credit Union X X Barber Shop and/or Beauty Salon X X Bed and Breakfast Inn (less than 12 rooms) NSA S Beer, Liquor & Wine Package Sales S S Bell Tower w/ Residential, Retail, Office and other vertically-integrated uses NSA X Boat Slips NSA X Bicycle / Skateboard / Scooter Shop NSA X Blacksmith Studio NSA X Book or Stationery Store NSA X Boat Slips NSA X Building Material and Hardware Sales, (inside only) X X Business Service NSA X Butcher Shop – (Custom Meat Market) NSA X Camera Store NSA X Cafeteria (Private) NSA X Candy – Confectionary Shop NSA X Candy Shop with onsite production NSA X Castle with adaptive re-use for Residential or any other approved use NSA X Cathedral with adaptive re-use for Residential or any other approved use NSA X Caretaker’s/Guard’s Residence A X Chapel – Wedding Event Center NSA X ORDINANCE 703 PAGE 13 OF 91 Children’s Theater NSA X Cigar and Tobacco Shop NSA X Civic/Convention Center X X Cloth Store X X Cobbler / Custom Boot Maker Studio NSA X Coliseum (Public Amphitheater) with or without attached Residential Townhomes NSA X Commercial Amusement, Indoor NSA X Community Centers X X Convenience Store X X Country Club NSA X Conference Center X X Convenience Store without Gas Pumps X X Convenience Store with Gas Pumps X S Clothing store X X Custom Clothier with on-site Tailoring NSA X Dance Hall NSA S Dentist and/or Orthodontist NSA X Department Store NSA X Dress Maker with onsite production NSA X Drug Store / Pharmacy / Compounding X X Dry Cleaning & Press-Shop X X Electronics Store and/or Hobby Shop NSA X Farmer’s Market (Indoor and/or Outdoor) NSA S Film Developing & Printing NSA X Firehouse with adaptive re-use into Residential or any other approved use NSA X Florist NSA X Fraternal Organization, Lodge, Fraternity, or Sorority NSA S ORDINANCE 703 PAGE 14 OF 91 Furniture, Home Furnishings and Appliance Store NSA X Glass Blower NSA X Grocery Store X X Gymnastics/Dance Studio NSA X Hardware, Sporting Goods, toys, paint, wall paper X X Health/Fitness Center and/or Salon X X Home Occupation (no more than 250 sq. ft) NSA X Hospital and/or Hospice X X Hostel (up to 40 beds) NSA S Hotel – Major X X Hotel penthouses higher than 735’ MSL NSA S Hotel (Boutique or Limit Service) X S Household Appliance Service and Repair NSA S Household Furniture / Appliances X X Insurance Office X X Information processing X X Jewelry Shop / Repair and/or Optical Goods Store X X Laundromat NSA Laundry/Dry Cleaning (Drop-off and pick-up only) X X Locksmith/Security System Company X X Massage Therapy, Licensed X X Micro-brewery and/or Wine Production (< 30,000 sq ft) NSA S Mobile Food Vendor NSA S Multi-Purpose Event Center X X Museum/Art Gallery X X Musical Instrument Shop X X Offices (General) X X ORDINANCE 703 PAGE 15 OF 91 Parking Structure X X Performing Arts Center and/or Live Theater NSA X Personal Services X X Photography Studio X X Print Shop, Minor X X Private Club NSA S Private Recreation Center X X Public Water Feature (Lake, Moat, Waterway) NSA X Real Estate Sales/Leasing Office X X Restaurant or Cafeteria (Public) X X Restaurant, Drive In X S Retail Stores and Shops (excluding second hand goods) X X Retail/Service Incidental Use NSA X Salon X X Service Station X S Signature Bridges (Exterior all stone) as approved by Site Plan. NSA X Shoe repair X X Ski Shop X X Small Engine Repair Shop (no outside storage or display) NSA S Spa, Swimming Pool, Tennis Courts (Public and/or Private) X X Stationary store X X Telecommunications Studio with Offices X X Temporary Building NSA A Theater, Neighborhood (up to 6 screens) NSA X Theater, Regional (up to 24 screens) NSA X Transit Stop NSA X Travel Agency NSA X ORDINANCE 703 PAGE 16 OF 91 Variety Store X X Vineyard NSA X Water Taxi / Lake Cruise NSA X Wedding Chapel NSA X Winery and/or Wine Bar NSA S AMUSEMENT / RECREATION Golf Course (Public or Private) X Bowling Alley NSA S Park or Playground X X Satellite Dish* X X Non-Commercial Radio Tower S S Recreation Facility, Health Studio X X AUTO SERVICES Truck/Trailer Rental X Auto Body Repair Auto Mechanic Repair S Quick Lube / Oil Change X Vehicle Maintenance (Private) X WHOLESALE TRADE Warehouse / Storage (inside) Warehouse / Storage (outside) Scrap/ Waste Recycling Collection Gas/Chemical Bulk Storage Light Manufacturing / Assembly S Apparel Manufacturing Packaging and /or Distribution ORDINANCE 703 PAGE 17 OF 91 1 Including Water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines located within easements approved by the Town. 2 Limited to period of construction SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. SECTION 3 RESIDENTIAL TO NON-RESIDENTIAL DEVELOPMENT RATIOS The Developer is limited to the Residential Use restrictions described in Exhibit 7 “Residential Use Summary Table”. Section 3.1: Pace of Residential Use Development within PD1-2: 3.1.1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. “First year of active development” is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3.1.2 From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-resident ial building space (as set out in 3.1.1) is substantially completed, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft. of non-residential use building space has been permitted for each additional Residential Unit permitted. 3.1.3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six-months of being included in the 1500:1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. SECTION 4 OTHER PRESCRIBED RESIDENTIAL USES Printing, Engraving and related Reproductive Services Distribution of Books / Other Printed Material Machine Shop Welding Shop ORDINANCE 703 PAGE 18 OF 91 Section 4.1 Townhomes: The Developer may build Townhomes, as further described in Exhibit 6, with the intent that these structures mimic the varied, attached residential components found naturally in a small European Village. Changes in massing of the structures are to be accomplished through the variety in the number of units per building and the orientation of the garage doors where applicable. 1. Townhomes shall be built in clusters of no less than 2 units per contiguous building and no mo re than 18 units per contiguous building. 2. Townhomes shall be conveyed on a fee-simple, platted lot . Section 4.2 Residential condominiums: Residential condominiums are only allowed by SUP as shown in Exhibit 6. Section 4.3 Single-Family, Detached Residences: The Developer may build Residential Single-Family, Detached Residences within PD1 -2 as further described in Exhibit 7. These Units shall be constructed on fee-simple, platted lots. Section 4.4 Coliseum Townhomes and/or Offices: The Developer may construct a ring of Residential Townhomes and/or Office s along the upper edge of the Coliseum. SECTION 5 OTHER PRESCRIBED COMMERCIAL/RETAIL USES Section 5.1 Outdoor Display of Merchandise 1. All outside display of merchandise shall conform to the following guidelines: a. All outside storage and/or display requires an outdoor display permit from the Town. b. All outside display will be limited to the normal business hours. b. A minimum clear unobstructed width of 48-inches measured from the curb shall be maintained on the public right -of-way/sidewalk. 2. The Town reserves the right to require the removal of any merchandise displayed outside on the public right -of-way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian t raffic. ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Maximum Density and FAR: No FAR limitations are imposed by this Ordinance. Maximum density is a function of the scale, size and scope of each phase of the Village Development as prescribed within Exhibit 3 “Westlake Entrada Development Standards” and Exhibit 6 “Westlake Entrada Residential Development Standards” as well as the PD Concept Plan, t he PD Site Plans, any Developer Agreement s and height restrictions established in this Article. SECTION 2 MINIMUM LOT SIZE: Minimum lot size is 400 sq. ft. SECTION 3: MINIMUM LOT WIDTH: There is no minimum lot width. ORDINANCE 703 PAGE 19 OF 91 SECTION 4: MAXIMUM BUILDING HEIGHT Section 4.1 The maximum height for all structures located within PD1-2 is 735’ Mean Sea level (MSL) Section 4.2 The following exceptions for this restrict ion may be allowed, if approved by Town Council via the Site Plan approval process: 1. Architecturally-correct Bell Towers and Hotel Core Room Towers. a. Bell Towers designed for occupancy are restricted to 220’ above grade. Architectural Embellishments on the Bell Towers are not to exceed 25% of total Building Height. b. Hotel Core Room Towers are not to exceed 12 Stories above grade. c. Three-story Penthouses may be allowed above Hotel Core Room Tower story restrictions if approved by the Town. Section 4.3 All non-residential floor space provided on the ground floor of a mixed-use building must have a minimum plate height of twelve (12) feet. SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Minimum Building Sizes for Residential Units are defined in Exhibit 7. Section 5.2 Minimum building size for any non-residential primary use structure shall be 400 sq ft. Section 5.3 Building size, as used in this section, shall mean heated and air-conditio ned area. SECTION 6 FRONT YARD SETBACKS There shall be no minimum Front Yard Setbacks. SECTION 7 REAR YARD SETBACKS There shall be no minimum Rear Yard Setbacks. SECTION 8 SIDE YARD SETBACKS There shall be no minimum Side Yard Setbacks except as to accommodate Building Code and Fire Code regulations . SECTION 9 GARAGE SETBACKS Garages may be set back from the property line either a distance less than 5’ or a distance greater than 25’ in order to avoid having vehicles parked in the driveway blocking sidewalks or pedestrian access. SECTION 10 SLOPE REQUIREMENTS ORDINANCE 703 PAGE 20 OF 91 Section 10.1 The height of non-residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. Section 10.2 All structures shown on an approved Site Plan are exempt from slope-proximity requirements. SECTION 11 BUILDING DESIGN ELEMENTS The standards and criteria contained in this Section shall be the minimum standards for all new development. Where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance and/or Subdivision Ordinance, the regulations of this Section shall apply. Section 11.1 Architecture All Permanent Structures to be erected within PD1-2 shall follow the specific Westlake Entrada Design Guidelines submitted as Exhibit 4 to this Ordinance. Section 11.2 Site Plan and Building Elevation Review Each Permanent Structure shall have a final Site Plan and Building Elevation review and approval from the Town prior to issuance of a building permit. This review and approval is to ensure compliance with Specific Design Guidelines, overall fit into Westlake Entrada as it matures as a Village, and adherence to the spirit and intent of the foundational framework of a small, European Village. Changes that constitute a material change to the design guidelines will be considered a zoning change and subject to the required zoning change process. Section 11.3 Architectural Embellishments 1. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first floor foot print may exceed the height limits by up to twenty (20) feet provide such changes are reflected on the approved Site Plan. 2. Mechanical equipment, including mechanical/elevator equipment, penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar items may extend up to twenty (20) feet above the actual building height, provided they are completely screened from view a viewed from neighboring property or right-of-ways, and that: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building façade(s) or as architectural embellishments as described above, and that such items are reflected on the approved Site Plan. Section 11.4 Residential Exterior Wall Materials: 1. Only durable materials shall be allowed as primary exterior wall materials. Primary materials include clay fired brick, natural stone, granite, marble, stucco, and, when ORDINANCE 703 PAGE 21 OF 91 approved by Town Council, manufactured stone.” Native Texas stone materials shall be of primary consideration in the building material selection process. 2. EIFS shall not be used as an exterior building material.” 3. Only primary building materials are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. For purposes of this section, the first floor shall be at least nine (9) feet high. 4. Secondary materials used on a building façade are those which comprise less than a total of twenty (20) percent of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, or other materials as approved by the Town Manager. 5. Four-Sided Building Design: All buildings shall be architecturally finished on all sides with the same materials, detailing, and features. 6. Single-family detached houses and Townho mes or villas must have 80% stone exterior wall materials. Section 11.5 Building Entries 1. Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. 2. Each building and separate lease space at grade along the street edge shall have a functioning “Primary Entry” from the sidewalk. Corner entries may count as a Primary Entry for both intersecting street fronts. Section 11.6 Awnings, Canopies, Arcades, & Overhangs 1. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. 2. The material of awnings and canopies shall be architectural materials that complement the building. 3. Canopies and awnings shall respect the placement of street trees and lighting. 4. All large canopies (i.e. gas stations, banks, etc.) that require structural columns for support shall have a minimum six (6) feet masonry or ornamental iron/steel (or other approved material) finish measured from the finished grade. Materials used on columns and canopies shall be complementary to the building Section 11.7 Building Articulation 1. That portion of the building where retail or service uses take place on the first floor shall be accentuated by including awnings or canopies, different building materials, or architectural building features. 2. Building facades fronting both streets and driveways should have massing changes and architectural articulation to provide visual interest and texture and reduce large areas of undifferentiated building façade. Design articulation should not apply evenly across the building façade, but should be grouped for greater visual impact employing changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and moldings that break up the mass of the building are encouraged. ORDINANCE 703 PAGE 22 OF 91 Section 11.8 Above-Grade Structured Parking 1. Where parking garages are within views of streets or adjacent property, t he portion of the parking garage that is visible shall have an architecturally finished façade compatible with the surrounding buildings and shall look more like regular buildings than parking structures or as approved by Town Council via the Site Plan approval process. 2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. Section 11.9 Projections into Rights-of-Way The following projections shall be permitted into a public easement or right -of-way, provided that 1) no projection shall be permitted into a public easement or right -of-way of SH 114, Solana Boulevard and FM 1938 (Davis Blvd.); 2) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; and 4) the property owner shall maintain such projection in a safe and non-injurious manner. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches beyond the building face. 4. Canopies and/or awnings may project from the building face and may extend into rights- of-way if a minimum sidewalk clearance and/or distance to a street tree of six (6) feet is maintained. Additionally, they may be extended or be within eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than eighteen (18) inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. 6. Pedestrian Bridges shall be permitted to extend over public right-of-ways and/or private access easements provided that a minimum vertical clearance of 14 feet from side to side, or 17’ from the high point of an arch. Section 11.10 Extensions into Rights-of-Way Outdoor eating areas and outdoor display of retail items for sale may extend into rights-of-way if a minimum sidewalk clearance and/or distance to a street tree of three (3) feet is maintained, provided that no extensions shall be permitted into a public easement or right-of-way of SH 114, Solana Boulevard and FM 1938 (Davis Blvd.). Additionally, a five-foot (5) clear access path must be maintained along the edge of curb within Public Right of Way. Section 11.11 Roofing Material Roofing materials shall be limited to materials approved by the adopted building code that are either natural slate or authentic clay tile, or have the appearance of slate or clay tile when approved by the Town. Flat roofing systems where appropriately masked from street-level view corridors by parapets and/or other architectural features are permitted. Standing seam metal ORDINANCE 703 PAGE 23 OF 91 roofing may be used only for minor areas such as porches and patios and in areas not generally visible. No composition roofs are allowed. Section 11.12 Roof Pitch No minimum roof pitch prescribed. Roof pitches and orientation should vary to resemble a Village that has developed or evolved over many years. Section 11.13 Non-residential Exterior Wall Materials Exterior wall shall be 100% masonry except for doors and windows. Brick, stone, cast stone, and stucco are approved materials. Manufactured stone may be approved by the Town Council via the Site Plan approval process. Siding of any type is prohibited. Section 11.14 Gutters and Downspouts. Gutters and down spouts shall be made of anodized metal or copper and all visible gutters to be constructed as half-round design. Section 11.15 Driveways and sidewalks All driveways and sidewalks, other t han common area sidewalks, shall be stamped with a Entrada unique Cobblestone Pattern (to be approved by the Town), stained or have an exposed aggregate finish, as allowable to conform to ADA standards. SECTION 12 SIGNAGE Section 12.1 Special sign standards. 1. Subdivision monument signs. Two subdivision monument signs are allowed at each entrance to a Single-family subdivision or multifamily development. The standards for subdivision monument signs are as follows: a. The signs must be monument signs (whose length exceeds height) and may be located within roadway landscape zones (excluding visibility triangles at intersections). b. Content is limited to the name and logo of the subdivision. c. The maximum size of each monument sign is 40 square feet; the maximum sign area is 24 square feet; and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. d. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. e. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. f. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face unless otherwise approved in the Site Plan. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. ORDINANCE 703 PAGE 24 OF 91 2. Business monument signs (Type 1). Each lot is entitled to one monument sign for each street frontage of the lot. Type 1 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 1 monument signs are as follows: a. Signs may be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. d. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size and maximum sign area is 20 square feet; (b) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (c) the minimum setback is ten feet, measured from the public right -of-way. f. If the total floor area of a building is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 fe et, measured from the public right -of-way. g. If the total floor area of a building is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right -of-way. h. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 3. Business monument signs (Type 2). Each building on a lot is entitled to one monument sign for each street frontage of the lot. Type 2 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 2 monument signs are as follows: a. Signs may be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. ORDINANCE 703 PAGE 25 OF 91 d. Sign elements may be carved into the construction materials, may consist of metal ele ments attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. Maximum sign size is three feet high and six feet long regardless of building size. f. Each monument sign must be parallel to the street and placed no closer to the street than the "build to line" for the applicable street. Where no “build to line” is established, the PD Site Plan will regulate location. g. The space between the sign and the building must be landscaped unless otherwise approved on the Site Plan. h. Signs must not significantly block the flow of pedestrians on the sidewalks. 4. Business group monument signs. The Town would like to encourage buildings to forego erecting individual monument signs in favor of "joint" or "group" monument signs. To further this objective, the Town encourages property owners to designate "group sign areas" as follows: a. A group sign area is any contiguous area (excluding streets, other rights-of-way, and public areas) designated as such by all the owners thereof (using a metes and bounds description). The designation can be made at any time prior to or concurrent with the submission of a site plan for the area, and all such designations are subject to the approval of the board. Land can be removed fr om any group sign area with the consent of the board and the consent of the owner(s) of the land being removed; provided, however, the area that remains must continue to comply with the requirements of this subsection. Land can also be added to any group sign area with the consent of the board and the consent of the owner(s) of the land being added; provided, however, the expanded area must continue to comply with the requirements of this subsection. b. Each group sign area is entitled to one group monument sign for each primary entrance of the group sign area. Group monument signs may only include the name and logos of buildings and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for group monument signs are as follows: i. Signs may be located within any required front yard. ii. Construction materials are limited to stone, cast stone brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. iii. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. iv. If the total floor area of all buildings within the group sign area is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right -of-way. v. If the total floor area of all buildings within the group sign area is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the ORDINANCE 703 PAGE 26 OF 91 maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right- of-way. c. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 5. Retail facade signs. Each building on a lot is entitled to facade signs attached to the facades of the building. Facade signs may only include the name of the building and/or the name of business occupants; and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all business facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. Except as provided (g) below, the maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. d. Except as provided in subsection (g) 3 below, the maximum aggregate sign area of all signs on any one building facade is four percent of the area of the building facade. e. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. f. Signs must be architecturally consistent with the buildings to which they are attached. 6. Large retail façade signs. Each business occupant that occupies at least 25,000 square feet of gross leasable area is entitled to facade signs attached to the facades of the building. Facade signs may only include the name and logo of the building and/or the name and logo of the business occupant, and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all big box retail facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. The maximum aggregate sign area of all signs advertising one business is the lesser of (a) 260 square feet or (b) the greater of 40 square feet or four percent of the street facing building facade occupied by such business. d. Signs must be architecturally consistent with the buildings to which they are attached. 7. Special project entry signs. The PD 1-2 Concept Plan identifies roadway entries into the PD district. It is anticipated that these entries will be designed to include special project entry signs which may vary from the standards set forth herein. These special project entry s igns will require commission approval as part of a PD site plan. 8. Building identification and directory signs. Each commercial building on a lot is entitled to identification and directory signs attached to the facades of the building. Identification and directory signs are not restricted to the name and logo of the business occupant. The standards for all identification and directory signs are as follows: a. No limit on letters up to four inches high. ORDINANCE 703 PAGE 27 OF 91 b. Each building is entitled to one directory sign (not to exceed six square feet) at each main building entrance. c. Each building is entitled to one building identification sign (limited to the name of the building) on each street facing building facade. The maximum sign area of each building identificat ion sign shall be 24 square feet. Building identification signs may be placed above the first floor spandrel, but not above the roofline. d. Signs can be placed on any building facade. e. Signs must be architecturally consistent with the buildings to which they are attached. 9. Business projecting signs. Within each building each business occupant with a first floor business or an upper floor business that can be accessed directly by exterior stairs is entitled to one projecting sign attached to the facades of the building where the entrance is located. Projecting signs are not restricted to the name and logo of the business occupant. The standards for all business projecting signs are as follows: a. Signs can be placed on any building facade, but not above the first floor spandrel. b. No sign may project more than five feet from a building facade. c. The maximum sign area is 12 square feet; the maximum height is three feet. d. All signs must have a minimum vertical clearance of eight feet above the sidewalk. e. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 10. Business awning signs. Each first floor business occupant or business occupant with a first floor entrance within a building, which business or business ent rance has an awning, is entitled to awning signs. Awning signs will be a part of or applied to an awning which is attached to the facades of the building. Awning signs are not restricted to the name and logo of the business occupant. The standards for all awning signs are as follows: a. Signs can be placed on any awning projecting from the building, but not above the first floor spandrel. b. The maximum sign area is eight square feet. c. All awning signs must have a minimum vertical clearance of eight feet above the sidewalk. d. Signs are intended to be primarily graphic. 11. Business hanging signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to one hanging sign suspended from the canopies, colonnades or covered passages of the building. Hanging signs are not restricted to the name and logo of the business occupant. The standards for all hanging signs are as follows: a. Signs can be suspended, so long as perpendicular to the building facade, from canopies, colonnades or covered passages on any building, but not above the first floor spandrel. b. Signs suspended from canopies and colonnades must be centered in the canopy or colonnade from which they are suspended; signs suspended from any covered area between two buildings may not project more than four feet from a building facade. c. The maximum sign area is four and one-half square feet. d. Maximum height is 18 inches; maximum width is 36 inches; maximum thickness is three inches. e. All signs must have a minimum vertical clearance of eight feet above the sidewalk. ORDINANCE 703 PAGE 28 OF 91 f. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 12. Business window signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to window signs painted or applied to the glass surface of the first floor windows. Window signs are not restricted to the name and logo of the business occupant. The standards for all window signs are as follows: a. Signs can be placed on the glass surface of street facing windows, but not above the first floor spandrel. b. The maximum sign area is 12 square feet. c. The maximum height of each sign is two feet. d. Signs are intended to be primarily graphic. 13 General directional signs. Directional signs are allowed on property (whether platted or not) adjacent to the intersection of two streets. The standards for directional signs are as follows: a. The sign must be a monument sign and may be located within roadway landscape zones, within public rights-of-way (including street medians), and within any required front yard or as approved on the Site Plan. b. Construction materials are limited to stone, cast stone, brick, split face CMU used in conju nction with, or as a border, for stone and cast stone, or other materials approved by the board. c. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. d. Content is limited to words and arrows the only purpose of which is to direct vehicle traffic to "generic" destinations such as "Town Center", "Civic Center", "Recreation Center", "Performing Arts Center", "Equestrian Center", "Lakeside", "Playground", "Hospital", "Library", "Museum", "Country Club", "Sports fields", and other similar terms that generally describe the destination. e. The maximum sign area is eight square feet, and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. There is no minimum setback. f. There is no limit on the number of directional signs. 14. Temporary signs. A residential home builder may place temporary signs, including the builder's name and logo, at subdivision entrances in which such builder is constructing homes. SECTION 13 LANDSCAPE REQUIREMENTS Section 13.1 Landscape Requirements The standards and criteria contained in this Section are the minimum standards for all new development within PD1-2. All landscaping shall be reflected on the required Landscape Plan which is to accompany the Site Plan. Where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance, the regulations of this Section shall apply. 1. Intent. It is the intent of this section to preserve and enhance the Town's highly visible edge in order to reinforce the rural and natural qualities of the community. This zone can ORDINANCE 703 PAGE 29 OF 91 facilitate positive vistas to prominent knolls and valleys while softening development with tree massing that will establish a unique rural environment for the Town, while still protecting view corridors along the Town’s major highways. 2. Compliance with the Town Edge Zone landscape requirements contained in the Town of Westlake Code of Ordinances is amended for this PD to require a landscape zone with an average width of 150 feet, and a minimum width of 50 feet from the State Highway 114 right -of-way. 3. Roadway Landscape Zones for Solana Blvd. and FM 1938 (Davis Blvd.) shall be a minimum 35 feet deep. The required Landscape Plan must include landscaping along FM 1938 (Davis Blvd.) that conforms to the 2011 FM 1938 (Davis Blvd.) Landscape Corridor Plan. 4. Wildflower planting areas along SH 114 and Solana Blvd. shall be detailed in the Landscape Plan. 5. 60 percent of the tree plantings included in the Landscape Plan shall be a minimum three-inch caliper, and 40 percent shall be a minimum of 2” caliper. 6. A Hike and Bike trail w ill be include in the Landscape Plan which provides connectivity of the Town’s existing and planned trail system. Section 13.2 Interior Village Landscaping Requirements 1. In conditions where paving runs all the way to the front building line as occurs in small European villages, landscaping is not required. The Landscape Plan shall include detailed landscaping around buildings, intersections and parking areas depicted on the Site Plan. Plantings in large-scale containers and window boxes are encouraged if no other landscaping is present. 2. Parking lot landscaping shall comply with Town ordinances u nless a deviation from the Town ordinances is specifically approved by the Town Council via the Site Plan approval process. 3. Permanent irrigation shall be pr ovided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2 ½) feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town are required for compliance. Other species may be proposed in the Landscape Plan. ORDINANCE 703 PAGE 30 OF 91 Section 13.3 Service Equipment and Areas 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and be identified on the Site Plan. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. 3. Screening: a. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets.. b. Screening materials for solid waste collection and loading areas shall be the same as the materials used for the principal building, or a six (6) foot solid masonry wall. Trash dumpsters shall have a door, which shall generally remain closed at all times. c. No internal screening between residential and non-residential uses is required within the boundaries of PD1-2. Screening fences, walls, buffer zones or boundaries between horizontally integrated and vertically integrated uses on single, adjacent and/or adjoining lots or parcels are allowed but not required. Section 13.4 Fencing 1. All fences shall conform to the following standards 2. Fencing is allowed between the primary facade of the building and the build-to-line. 3. Fencing is allowed to separate an outdoor eating area from the walkway if the outdoor seating area extends into the adjacent right -of-way. 4. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry and shall conform to the following standards: a. Fences may be built to a maximum seven feet in height. However: i. No solid fencing greater than 3.5 feet in height may be placed within ten feet of a right -of-way line for a roadway or open space corridor; ii. No chain-link fences shall be allowed unless completely screened from adjacent public areas and properties by either structures or by solid landscape screening; iii. No solid wood fencing shall be allowed; and iv. Fences which are greater than 25 percent solid masonry shall be considered solid fencing. v. Precast solid fencing shall require special approval by the Town Council. Section 13.5 Streets and Sight Triangles Within PD1-2 the following street design standards shall apply: 1. Sight triangles for all vehicular intersections shall be established based on the minimum standards reflected in the UDC unless otherwise specified in the Site Plan. 2. Adequate sight distance shall be provided at all intersections throughout the development in accordance with Town ordinances. ORDINANCE 703 PAGE 31 OF 91 3. Nothing contained herein shall vary or supersede public safety requirements of the Town of Westlake as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of Westlake. SECTION 14 OUTDOOR LIGHTING STANDARDS Section 14.1 Lighting Requirements An Outdoor Lighting Plan must be submitted in conjunction with the required Site Plan. Lighting will to the greatest extent possible reflect the lighting standards established in the Code of Ordinances. The Outdoor Lighting Plan shall include the following: 1. Layout of the proposed fixture locations. 2. The light source. 3. The luminous area for each proposed light source with photometric in foot-candle measurement. 4. The type and height of the light fixture or of the light source above grade. 5. The type of illumination. Section 14.2 Up-Lighting Down-lighting Limited up-lighting may be considered in the Lighting Plan submittal with minimum up-lighting allowed for the Chapel, the Bell Tower and the Town Hall. Up-lighting and Down-lighting specifications required in 13.1 shall be presented in the Lighting Plan. Section 14.3 Parking Area Lighting Overhead lighting for public and private parking areas shall utilize “fully-shielded” and/or “full cut-off” fixtures. In accordance with the Town of Westlake lighting standards contained in the Code of Ordinances and shall be included in the required Lighting Plan submittal. . SECTION 15 PARKING STANDARDS Section 15.1 Required parking shall be located and maintained anywhere within PD1-2, and may also include additional overflow parking as available offsite. Section 15.2 On-street parking and shared parking anywhere within PD1-2 may be counted towards meeting the off-street parking requirement for any use within PD1-2 provided appropriate Joint-Use Parking Agreements are approved and filed as required by the Town. Section 15.3 Parking may be located in structured garages as approved by the Town. Section 15.4 When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. Section 15.5 Speed bumps/humps are not permitted within a fire lane. Section 15.6 In the case of mixed uses, uses may share parking spaces where it can be demonstrated to the Town that the parking for two (2) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: ORDINANCE 703 PAGE 32 OF 91 1. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. 2. The applicant shall submit a parking analysis, prepared by a registered engineer, to the Town approval. Section 15.7 Up to seventy-five (75) percent of the parking spaces required for a theater or other place of evening entertainment (after 5:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Section 15.8 Parking spaces shall be provided in accordance with Town ordinances unless a parking analysis is provided with a Site Plan application and is approved by the Town. SECTION 16 UTILITY PLACEMENTS All utility lines and shall be underground. All utility equipment shall be underground or completely screened from view. SECTION 17 OPEN SPACES Section 17.1 The PD1-2 planning area shall contain a minimum of 20% Open Space which is privately owned and publicly accessible. Open Space details shall be included in the Site Plan submittal. Section 17.2 Specific Features to be included in this open-space calculation include: 1. All constant -elevation water features, within free-board limits defined for storm water detention requirements 2. Open, public Plaza and gathering areas 3. Coliseum Acreage and improvements 4. Buffers along SH 114 5. Parkways and medians on streets with on-street parking 6. Other public facilities such as walks, plazas, courts, recreational amenities, water features and other similar uses not specifically used for vehicular access and parking. Section 17.3 The open space may not consist of any of the following elements: 1. Vehicular parking. 2. Required parking lot tree islands. 3. Building footprints. 4. Utility yards. 5. Detention areas not treated as described above. SECTION 18 GENERAL REQUIREMENTS Section 18.1 Development shall reflect the attached PD Concept Plan. (Exhibit 2) ORDINANCE 703 PAGE 33 OF 91 Section 18.2 Plats and/or Site Plans submitted for the development shall conform to the data presented and approved on the Concept Plan. 1. Minor changes or corrections on the Concept Plan, the Site Plan, the Landscape Plan or the Outdoor Lighting Plan may be authorized by the Town Manager, if such changes do not constitute a zoning change that would require public hearing and consideration by Planning and Zoning Commission and/or the Council, and the proposed changes do not: a. Alter the uses permitted, b. Increase the building height, c. Change density d. Reduce the building lines provided at the boundary of the site e. Significantly alter any o pen space plans. f. Affect quality standards. SECTION 19 PUBLIC ROADWAYS AND STANDARDS Roadway Design Standards will adhere to Exhibit 5 as prescribed. Roadway cross sections, while comporting to this standard, will be examined on a case by case basis with each Site Plan submittal and may be modified depending on adjacent uses and structures as may be approved by the Town. ARTICLE VI. EXHIBITS EXHIBIT 1 Legal Description of PD1-2 District Exhibit A1 – Graphic drawing of PD1-2. EXHIBIT 2 PD Concept Plan EXHIBIT 3 Westlake Entrada Development Standards EXHIBIT 4 Westlake Entrada Design Standards EXHIBIT 5 Westlake Entrada Public Roadway Standards EXHIBIT 6 Westlake Entrada Residential Development Standards EXHIBIT 7 Westlake Entrada Residential Use Summary Table ORDINANCE 703 PAGE 34 OF 91 LEGAL DESCRIPTION EXHIBIT 1 Legal Description of PD1-2 District 85.90 Acres BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry Survey, Abstract No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on the northeasterly right-of-way line of Kirkwood Boulevard, a variable width right-of-way as dedicated by said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-tangent curve to the left having a central angle of 9 degrees 13 minutes 11 seconds, a radius of 1428.00 feet and being subtended by a chord which bears North 47 degrees 49 minutes 50 seconds West a distance of 229.54 feet; THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with right -of-way, as described in Dedication Deed to the Town of Westlake as recorded under instrument No. D208427746, Deed Records of Tarrant County, Texas the following: Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap at the end of said curve; North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found with Graham cup beginning of a curve to the right having a central angle of 18 degrees 54 minutes 48 seconds, a radius of 612.00 feet and being subtended by a chord which bears North 43 degrees 02 minutes 03 seconds West a distance of 201.11 feet; Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with Graham cap at the beginning of a compound curve to the right having a central angle of 24 degrees 06 minutes 47 seconds, a radius of 812.00 feet and being subtended by a chord which bears North 21 degrees 32 minutes 03 seconds West a distance of 339.22 feet; Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with Graham cap at the end of a said curve; North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod found with Graham cap at the beginning of a curve to the left having a central angle of 45 degrees 43 minutes 19 seconds, a radius of 708.00 feet and being subtended by a chord which bears North 32 degrees 20 minutes 19 seconds West a distance of 550.11 feet; Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod found with Graham cap; ORDINANCE 703 PAGE 35 OF 91 North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod found with Graham cap on the easterly right -of-way line of Precinct Line Road, a variable width right -of-way, as described in Dedication Deed to Town of Westlake as recorded under Instrument No. D208427746, Deed Records of Tarrant County, Texas and being the beginning of a non-tangent curve to the left having a central angle of 16 degrees 09 minutes 21 seconds, a radius of 1,432.50 feet and being subtended by a chord which bears North 27 degrees 07 minutes 42 seconds East a distance of 402.59 feet; THENCE along the easterly right-of-way line of Precinct Line Road, the following; Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found with Graham cap; North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found on the southerly right-of-way line of State Highway 114 (a variable width ROW); THENCE along the southerly right -of-way line of State Highway 114, the following; North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from which a Texas Department of Transportation brass disk in concrete fou nd bears North 10 degrees 48 minutes 28 seconds West a distance of 0.43 feet; South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department of Transportation brass disk in concrete found; South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of Transportation brass disk in concrete found at the beginning of a curve to the right having a central angle of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended by a chord which bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet; Along said curve to the right an arc distance of 393.45 feet to a Texas Department of Transportation brass disk in concrete found; South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of Transportation brass disk in concrete found; South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found with “Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central angle of 02 degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a chord which bears South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet; Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-Zollars” cap for the northeast corner of Lot 1, Block 1, of the aforementioned Westlake/Southlake Park Addition No. 1; THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00 minutes 00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet to a 5/8 inch iron ORDINANCE 703 PAGE 36 OF 91 rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2, Block 1, Westlake/Southlake Park Addition No. 1; THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2, Block 1, a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at an angle point in the west line of Lot 2, Block 1; THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds East a distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of land, more or less. ORDINANCE 703 PAGE 37 OF 91 ORDINANCE 703 PAGE 38 OF 91 Exhibit 2 ORDINANCE 703 PAGE 39 OF 91 ORDINANCE 703 PAGE 40 OF 91 ORDINANCE 703 PAGE 41 OF 91 ORDINANCE 703 PAGE 42 OF 91 ORDINANCE 703 PAGE 43 OF 91 ORDINANCE 703 PAGE 44 OF 91 ORDINANCE 703 PAGE 45 OF 91 ORDINANCE 703 PAGE 46 OF 91 ORDINANCE 703 PAGE 47 OF 91 ORDINANCE 703 PAGE 48 OF 91 ORDINANCE 703 PAGE 49 OF 91 ORDINANCE 703 PAGE 50 OF 91 ORDINANCE 703 PAGE 51 OF 91 ORDINANCE 703 PAGE 52 OF 91 ORDINANCE 703 PAGE 53 OF 91 ORDINANCE 703 PAGE 54 OF 91 ORDINANCE 703 PAGE 55 OF 91 ORDINANCE 703 PAGE 56 OF 91 ORDINANCE 703 PAGE 57 OF 91 ORDINANCE 703 PAGE 58 OF 91 ORDINANCE 703 PAGE 59 OF 91 ORDINANCE 703 PAGE 60 OF 91 ORDINANCE 703 PAGE 61 OF 91 ORDINANCE 703 PAGE 62 OF 91 Exhibit “4” ORDINANCE 703 PAGE 63 OF 91 ORDINANCE 703 PAGE 64 OF 91 ORDINANCE 703 PAGE 65 OF 91 ORDINANCE 703 PAGE 66 OF 91 ORDINANCE 703 PAGE 67 OF 91 ORDINANCE 703 PAGE 68 OF 91 ORDINANCE 703 PAGE 69 OF 91 ORDINANCE 703 PAGE 70 OF 91 ORDINANCE 703 PAGE 71 OF 91 ORDINANCE 703 PAGE 72 OF 91 ORDINANCE 703 PAGE 73 OF 91 ORDINANCE 703 PAGE 74 OF 91 ORDINANCE 703 PAGE 75 OF 91 ORDINANCE 703 PAGE 76 OF 91 ORDINANCE 703 PAGE 77 OF 91 ORDINANCE 703 PAGE 78 OF 91 ORDINANCE 703 PAGE 79 OF 91 ORDINANCE 703 PAGE 80 OF 91 ORDINANCE 703 PAGE 81 OF 91 ORDINANCE 703 PAGE 82 OF 91 ORDINANCE 703 PAGE 83 OF 91 ORDINANCE 703 PAGE 84 OF 91 ORDINANCE 703 PAGE 85 OF 91 ORDINANCE 703 PAGE 86 OF 91 ORDINANCE 703 PAGE 87 OF 91 ORDINANCE 703 PAGE 88 OF 91 ORDINANCE 703 PAGE 89 OF 91 ORDINANCE 703 PAGE 90 OF 91 ORDINANCE 703 PAGE 91 OF 91 Exhibit 7 4/16/2013 16:42 Westlake Entrada Residential Use Summary Table: 322 Total Number of Residential Units Allowed Actual Unit mix to be determined at each Concept Site Plan Single-Family, Detached Homes: 2500 sq. ft.Minimum Home Size Townhomes (Attached): 1,800 sq. ft. Minimum Home Size Condominiums - residential: Size, number, and configuration to be approved by SUP. 322 Total # of Proposed Residential Units 11435.4%% Between 1800 sqft AC and 2500 sqft AC 11034.2%% Between 2500 sqft AC and 3600 sqft AC 9830.4%% Between 3600 sqft AC and 12,000 sqft AC 322 Total Number of Residential Units Upon Completion of the Residential Component, the average Residential Unit size will exceed 2500 sqft TBD: Final Residential Unit Mix TO BE DETERMINED at Final Site Plans for each Phase of Development 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 – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 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 – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 8 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #9 - Future Agenda Items Strategic Issue April – 2013 May – 2013 June - 2013 July - 2013 August - 2013 September - 2013 Capital Investment MOVED FROM NOVEMBER • Feasibility study for water/sewer impact fees – Tentative (pg. 10, SA 3.1) • Streetscaping completion for Hwy 114/170 – Tentative (pg. 9, SA 1.4) Fiscal Stewardship & Organizational Effectiveness MOVED FROM JANUARY • Report on business incentive opportunities (pg. 11, SA 6.2) Human Resources (Employee Investment) Comprehensive Planning and Management of Natural Resources MOVED FROM APRIL • Compare/contrast programs relative to surrounding communities – ‘best practices’ on environmental and conservation (pg. 13, SA 10.2) Public Safety and Emergency Preparedness MOVED FROM DECEMBER • Review Town& Academy SOP’s and emergency plans to maintain readiness (pg. 13, SA 12.2) • Inventory & identify availability of recommended EOC components (pg. 13, SA 12.3) Updated 04/15/13  Early voting for the General & Special Elections April 29th – May 7th; Westlake Town Hall will be a polling location during early voting. COUNCIL CALENDAR  MasterWorks Free Concert Series begins in April; Concert every Thursday evening for one (1) hour; Solana Village Circle Courtyard April 18, 2013 at 6:00 pm; Havana NRG, high energy Salsa/Latin band April 25, 2013 at 6:00 pm; Vocal Trash, a “Stomp” type band with recycling message May 2, 2013 at 6:00 pm; Johnny D & the Doo-Wopps, Old time Rock and Roll; Rescheduled from April 4, 2013  Westlake’s Annual Arbor Day April 20, 2013 from 3-7:00 pm; Glenwyck Farms Park  Town Council Workshop & Meeting April 22, 2013  Westlake Employee Annual Awards & Family Picnic April 27, 2013; 4-8 pm; Circle R Ranch in Flower Mound  Vaquero Neighborhood Meeting April 29, 2013; 7:00 pm; Home of Jason & Jo Keen  Board of Trustee Meeting May 6, 2013  Bandana Bonanza May 11, 2013; Time TBA; WA Campus  Decoration Day w/ Special Guest Brian Fleming: best-selling author and veteran May 27, 2013; Time TBD; WA Gym and Town Green Town of Westlake Item # 11 – Council Calendar  WA Senior Banquet May 30, 2013; 6-9 pm; Colleyville-Piazza in the Village  WA End of Year Commendation Ceremony, Senior Baccalaureate Service, & WA Alumni Walkway Dedication Ceremony May 31, 2013; 8:30 am, 10:30 am, & 11:30 am respectfully; WA Campus- Gym and Campus Grounds outside of gym  WA Graduation Ceremony June 1, 2013; 2:00 pm; Hurst Conference Center  WA 10th Anniversary Picnic June 6, 2013; 1-3 pm; WA Campus-Town Green Town of Westlake Item # 12 – Adjournment Back up material has not been provided for this item.