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HomeMy WebLinkAbout06-19-17 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 6 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA June 19, 2017 Building 4, Suite 4202 2ND FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Workshop Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 6 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. DISCUSSION ITEMS a. Presentation and update regarding the Public Art Plan Implementation including the proposed Public Art Competition Advisory Committee. b. Presentation and discussion regarding the options related to Project Blizzard/Charles Schwab roadway right-of-way and configuration including zoning and thoroughfare plan considerations. c. Presentation and Discussion regarding the implementation of a construction deposit ordinance as well as requirements for construction site fencing, screening and cleanliness. d. Standing Item: Presentation and discussion of development projects per Staff May 2017 report, May 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. Page 3 of 6 - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership (“WRA”), HW 2421 Land, LP, a Texas limited partnership (“HW2421”), and Hillwood Alliance Services, LLC, a Texas limited liability company (“HAS”) - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: 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. 4. 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 on May 22, 2017. b. Consider approval of the minutes from the meeting on June 2, 2017. c. Consider approval of Resolution 17-22, Appointing and Reappointing Various Affiliate boards and Planning & Zoning Commission Members. Page 4 of 6 d. Consider approval of Resolution 17-23, Ratifying Town Manager’s execution of Amendment #1 to the Town Hall Lease Agreement. e. Consider approval of Resolution 17-24, Authorizing the Town Manager to execute a contract with SC Tracking for services related to Cross Connection Control Program Administration. f. Consider approval of Resolution 17-25, A Creating and Appointing a Public Art Competition Advisory Committee Including the Charge to Said Committee. g. Consider approval of Resolution 17-26, Approving the Declaration of Covenants, Conditions and Restrictions and Establishment of Easements for Westlake Entrada. h. Consider approval of Resolution 17-27, Approving a Developer Agreement with CS Kinross Lake Parkway, LLC, related to the Charles Schwab Corporate Campus, Phase One. i. Consider approval of Resolution 17-28, Approving a Master Roadway Construction Agreement with Westlake Retail Associates, Ltd., HW 2421 Land, LP, and Hillwood Alliance Services, LLC, related to the Phase One construction of Schwab Way. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 829, REGARDING A ZONING CHANGE REQUEST FOR AN APPROXIMATELY 5.28- ACRE TRACT OF LAND LOCATED AT 2205 NORTH PEARSON LANE AND 2175 NORTH PEARSON LANE, GENERALLY SOUTH OF DOVE ROAD, EAST OF PEARSON LANE, AND NORTH OF ASPEN LANE. THE PROPERTY IS CURRENTLY ZONED R-5, COUNTRY RESIDENTIAL; PROPOSED ZONING IS R-2, RURAL RESIDENTIAL. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 830, APPROVING AN AMENDMENT TO ORDINANCE 720, AMENDING THE APPROVED DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), AN APPROXIMATELY 85-ACRE TRACT OF LAND LOCATED NORTH OF SOLANA BOULEVARD, EAST OF DAVIS BOULEVARD, AND SOUTH OF HIGHWAY 114. 7. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the Page 5 of 6 territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership (“WRA”), HW 2421 Land, LP, a Texas limited partnership (“HW2421”), and Hillwood Alliance Services, LLC, a Texas limited liability company (“HAS”) - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 8. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 10. 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. - Mayor Wheat, consider taking the necessary to make Westlake a smoke-free municipality. Page 6 of 6 11. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1301 Solana Blvd., Building 4, Suite 4202, Westlake, TX 76262, June 15, 2017, 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 Council Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the meeting on May 22, 2017. b. Consider approval of the minutes from the meeting on June 2, 2017. c. Consider approval of Resolution 17-22, Appointing and Reappointing Various Affiliate boards and Planning & Zoning Commission Members. d. Consider approval of Resolution 17-23, Ratifying Town Manager’s execution of Amendment #1 to the Town Hall Lease Agreement. e. Consider approval of Resolution 17-24, Authorizing the Town Manager to execute a contract with SC Tracking for services related to Cross Connection Control Program Administration. f. Consider approval of Resolution 17-25, A Creating and Appointing a Public Art Competition Advisory Committee Including the Charge to Said Committee. g. Consider approval of Resolution 17-26, Approving the Declaration of Covenants, Conditions and Restrictions and Establishment of Easements for Westlake Entrada. h. Consider approval of Resolution 17-27, Approving a Developer Agreement with CS Kinross Lake Parkway, LLC, related to the Charles Schwab Corporate Campus, Phase One. i. Consider approval of Resolution 17-28, Approving a Master Roadway Construction Agreement with Westlake Retail Associates, Ltd., HW 2421 Land, LP, and Hillwood Alliance Services, LLC, related to the Phase One construction of Schwab Way. Town Council Item # 3 – Review of Consent Items DISCUSSION ITEMS a. Presentation and update regarding the Public Art Plan Implementation including the proposed Public Art Competition Advisory Committee. b. Presentation and discussion regarding the options related to Project Blizzard/Charles Schwab roadway right-of-way and configuration including zoning and thoroughfare plan considerations. c. Presentation and Discussion regarding the implementation of a construction deposit ordinance as well as requirements for construction site fencing, screening and cleanliness. d. Standing Item: Presentation and discussion of development projects per Staff May 2017 report, May 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #4 – Discussion Items Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, June 19, 2017 TOPIC: Presentation and Update Regarding the Public Art Plan Implementation Including the Proposed Public Art Competition Advisory Committee. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 19, 2017 Completion Date: On going Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On February 27, 2017, after a lengthy process that included opportunity for public participation, the Town Council reviewed and adopted a new Public Art Plan (Res. 17- ). Since that time Staff has been working with the Town’s consultant for public art to formulate next steps for implementing the Town’s Public Art Plan. This includes creating a competition to ultimately obtain a public art piece which would be the first in the Town’s collection under this Public Art Program. To accomplish this first public art competition, it is proposed to the Council for it to appoint a Public Art Competition Advisory Committee. Assuming schedules can be coordinated, at the workshop individuals who have a strong art background who have expressed a willingness Page 2 of 2 to serve on this Committee will be introduced and discussion of next steps in pursuing this public art competition will be discussed. A resolution is on the Council’s regular meeting agenda for this date that if adopted, would create this Public Art Competition Advisory Committee and appoint its members. RECOMMENDATION Recommend hearing a status report on next steps to implement the Town’s Public Art Plan, including the premise(s) for this recommended proposal to create a Public Art Competition Advisory Committee as well as meet some of the individuals proposed for Council appointment to this Committee. ATTACHMENTS See proposed resolution for creating and appointing the Public Art Competition Advisory Committee in the consent portion of the Regular Town Council Meeting agenda for this same date. ESTLAKE TOWN COUNCIL TYPE OF ACTION Workshop - Discussion Item Monday, June 19, 2017 TOPIC: Presentation and discussion regarding the options related to Project Blizzard/Charles Schwab roadway right-of-way and configuration including zoning and Thoroughfare Plan considerations. STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations Time Line - Start Date: June 19, 2017 Completion Date: June 19, 2017 Funding Amount: 00.00 Source - N/A EXECUTIVE SUMMARY The purpose of this item involves the discussion of the proposed Schwab Way roadway design in the context of the roadway design provisions of the 2015 Comprehensive Plan and Ordinance 769 approving the PD3-5(A) zoning district. The roadway design proposed by Hillwood for Schwab Way is included as part of a Master Roadway Construction Agreement between Hillwood, et al and the Town on this agenda. The proposed Hillwood design differs from the other two design provisions described above, for which these differences are further explained in this briefing. PROJECT BLIZZARD SUMMARY Project Blizzard includes approximately 154 acres located south of the intersection of State Highway 114 and 170. The Project Blizzard area is zoned as two distinct Planned Development (PD) districts: PD3-5(A) and PD3-5(B). PD3-5(A), owned by Hillwood and its development partners, contains approximately 74 acres and is located adjacent to and along SH 170/114 directly north of PD3-5(B). PD3-5(A) will include a mixed-use development along with office, retail and residential uses. No concept plan has been submitted for PD3-5(A). However, Phase One of Schwab Way will be constructed wholly within PD3-5(A). PD3-5(B), owned by Schwab, contains approximately 81 acres, and will include a Charles Schwab corporate campus. The Phase One portion of the campus received approval by the Town Council on May 22, 2017 for both the concept/development plan and site plan. Phase One will include four office buildings and a parking garage that will accommodate up to 2,500 employees. According to Schwab, site construction is tentatively scheduled to begin in July 2017 with completion targeted for summer/fall 2019. Included as part of their private agreement with Schwab, Hillwood agreed to construct the primary road that will access PD3-5(B), which will be called “Schwab Way”. Schwab Way will also serve as the principal arterial that provides access to the larger Project Blizzard development. In order to accommodate Phase One of the Schwab campus, Hillwood proposes to construct Schwab Way from State Highway 114/170 to the western edge of the Schwab Phase One campus as shown on the roadway plan below. SCHWAB WAY DESIGN CONSIDERATIONS, REQUIREMENTS AND PROPOSALS Hillwood Proposal According to the proposal by Hillwood, Phase One of Schwab Way will be a four-lane roadway divided by a landscaped center median. The right-of-way will include 100-feet from one side of the road to the other. The road will connect to State Highway 114/170 where Trophy Lake currently terminates and will terminate on the other end into a temporary cul-de-sac on the western edge of the Phase One Schwab development. Proposed Hillwood Cross-Section with full median As part of the submittal package sent to Town staff Hillwood provided the following justification for their road design, as well as the deviation from Comprehensive Plan recommendation (further described below), for their proposed design: “The 126-foot right-of-way section (Regional Arterial) referenced in the Comprehensive Plan was anticipated to move traffic along long stretches of development and lends itself to having fewer intersection nodes with collector sized roadways. Furthermore, the approved zoning for the PD3-5A/5B reflected a 134-foot street section (Primary Arterial) that incorporated on-street parking (20-feet either side) within the adjacent parkways areas. During concept design discussions with the Hillwood and Charles Schwab teams, it was determined that this parking would negatively affect the through lane traffic. The resultant right-of-way section was then anticipated to be a minimum of 94-feet wide. Additionally, the design and development of the area is a mix of ‘Corporate Campus’ and ‘Mixed Use Retail’ that warrants frequent access drives, turning movements and increased sight visibility. The reduced 100-foot section is designed to accommodate the same numbers of through travel lanes, similar median widths and allows for the frequent turning movements. The deviation within the section width is noticed within the parkway widths. The parkway widths (landscape area) as depicted on the conceptual sections will generally be achieved on the corporate campus side due to the 50-foot building setback required for that land use. On the mixed use side of the roadway, the proposed building setbacks will still allow for reasonable landscape areas in addition to a mix of hardscape design features to compliment the reduced setback with the intent to create an intimate ‘town center’ feel.” Proposed Hillwood Schwab Way Layout PD3-5(A) Zoning Conditions Section 4.1 – Roadway Standards in Ordinance 769, which approved the PD3-5(A) zoning, describes roadway standards specifically for the mixed-use portions of the district. Exhibit 3, Street “A” – “Primary Road” describes and depicts the requirements for the primary arterial road in the zoning district. PD3-5(A) Cross-Section for Primary Arterial The PD3-5(A) cross-section above shows a 134-foot wide right-of-way that includes on-street angled parking. The roadway standards included in Ordinance 769 where carried over from Ordinance 452 approving the PD3-5 zoning district in 2004. The cross-section is meant for a higher building density urban area wherein the buildings are placed closer to the street with wide sidewalks, on-street parking and multiple block crossings provided to encourage shared parking and pedestrian mobility. Comprehensive Plan Recommendation The 2015 Comprehensive Plan provides Thoroughfare Plan recommendations for future road construction and reconstruction in the Town. Included in the Thoroughfare Plan are the Thoroughfare Plan map and corresponding roadway design descriptions. As shown on the Thoroughfare Plan map, Schwab Way is classified as a regional arterial between State Highway 114/170 and the future extension of Parrish Lane. 2015 Comprehensive Plan – Regional Arterial Cross-Section The regional arterial cross-section shown above includes a 126-foot wide right-of-way. The plan states that regional arterials “are Westlake’s primary connection to regional roadways approaching and bordering Westlake and provide continuity with the Town’s Street Network. While certain shopping, entertainment, and employment uses will front Highway 114 and/or Highway 170, millions of square feet of such use will located deeper into the fabric of Westlake and be served by the Town System component. Therefore, a linkage between the Town System component and the external regional roads is needed. These links are known as the Regional Arterials.” STAFF ANALYSIS AND SUMMARY Hillwood proposes to construct a 100-foot wide urban cross-section roadway as part of their contractual obligation to Schwab to provide road access, not only to the Schwab Phase One development, but also future access to the larger Project Blizzard development and to the Town’s future arterial network. Given Hillwood’s desire to develop PD3-5(A) to a higher building density with reduced building setbacks, they are proposing to construct the road consistent with a typical urban roadway cross-section. However, the proposed cross-section is inconsistent with both the provisions of the PD3-5(A) roadway designs and the Comprehensive Plan - Thoroughfare Plan recommendations for regional arterials. The deviation from the provisions of the PD3-5(A) standards involves removing the on-street parking, which serves to lessen the right-of-way width from 134-feet to 100-feet. The other cross-section design features effectively remain consistent to each other and have an urban cross- section characteristic. The deviation from the recommendations contained in the Comprehensive Plan – Thoroughfare Plan primarily involve reductions in the median width and the landscape buffer between the edge of roadway pavement and sidewalk/trail. The purpose of the cross-section design recommendations in the Comprehensive Plan is best described in the Town Design Structure Plan element of the Comprehensive Plan, which states “the rolling topography of Westlake is experienced by graceful, curvilinear streets with a variable width median. The alignments are truly responsive to the landscape condition. However, as the context is more developed/urbanized, the streets become straighter and transform from parkway into boulevard.” Conclusions The urban nature of the roadway design proposed by Hillwood for Phase One of Schwab Way is mostly consistent with the zoning prescriptions contained in the PD3-5(A) ordinance provisions, with the only deviation being the removal of the on-street parking. This design is also generally consistent with the design components for urban thoroughfares contained in the Institute of Transportation Engineers (ITE) publication entitled “Designing Walkable Urban Thoroughfares: A Context Sensitive Approach”, which is widely recognized as a best practices manual for urban roadway design in a high building density area with strong pedestrian mobility. Institute of Transportation Engineers (ITE): Designing Walkable Urban Thoroughfares: A Context Sensitive Approach” While the cross-section design in the Comprehensive Plan - Thoroughfare Plan recommendations are inconsistent with the urban Thoroughfare Plan shown above and in the Hillwood proposal, the Town Design Structure Plan contained in the Comprehensive Plan nonetheless provides a recognition, as quoted above, of an increasingly urban thoroughfare design transitioning into areas with more development intensity. Therefore, staff recognizes a sufficient design consistency between Hillwood’s proposal and the zoning and Comprehensive Plan design provisions such that a recommendation of approval for the proposed Schwab Way design is warranted. Council approval of the Master Roadway Construction Agreement scheduled on this agenda will not require an amendment to Ordinance 769 or to the Comprehensive Plan. ATTACHMENTS - Schwab Way Proposed Cross-Sections and Layout - Comprehensive Plan - Thoroughfare Plan 0 10’20’30’ GRAPHIC SCALE TRAVEL LANE 12’ TRAVEL LANE 12’ 2.0% 6" CURB 6" CURB PARKWAY 9’ 2.0%ROW2.0% 6" CURB 2.0% TURN LANE 10’ TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROW ROAD CENTER LINEDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING MEDIAN 14’ TURN LANE 10’ TRAVEL LANE 12’ TRAVEL LANE 12’ 2.0% 6" CURB 6" CURB PARKWAY 9’ 2.0%ROW2.0% 6" CURB 2.0% TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROW ROAD CENTER LINEDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING MEDIAN 34’ 6" CURB BACK OF CURB 15’ FROM BACK OF CURB 15’ FROM BIKE LANE 10’ BIKE LANE 10’ 6’ 6’ A SCHWAB WAY WITH FULL MEDIAN PROPOSED 100’ ROW B SCHWAB WAY WITH 2 LEFT TURN LANES PROPOSED 100’ ROW C 26’ SANITARY SEWER DRAIN STORM WATER LINE STREET SECTIONS SCHWAB WAY TRAVEL LANE 12’ TRAVEL LANE 12’ 2.0% PARKWAY 9’ 2.0%ROW2.0%2.0% TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROWDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING BACK OF CURB 15’ FROM BIKE LANE 10’ 6’ D SCHWAB WAY WITH 2 LEFT TURN LANES PROPOSED 100’ ROW CURB ROLLOVER CURB ROLLOVER MARKERS/BUTTONS REFLECTIVE RAISED DELINEATED WITH MEDIAN TO BE ELECTRIC TELECOMMUNICATIONS GAS 26’ SANITARY SEWER DRAIN STORM WATER LINE ELECTRIC TELECOMMUNICATIONS GAS 26’ SANITARY SEWER DRAIN STORM WATER LINE ELECTRIC TELECOMMUNICATIONS GAS 26’ SANITARY SEWER DRAIN STORM WATER LINE ELECTRIC TELECOMMUNICATIONS GAS * UTILITY DEPTH NOT TO SCALE. A PART OF ANY CONCEPT OR DEVELOPMENT PLAN. THIS IS FOR EXHIBIT PURPOSES ONLY. THIS EXHIBIT IS NOT SCHWAB WAY WITH 2 LEFT TURN LANES & 1 RIGHT TURN LANE PROPOSED 100’ ROW 2.0% 6" CURB 6" CURB 2.0%ROW2.0% 6" CURB 2.0% TURN LANE 10’ TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROW ROAD CENTER LINEDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING BACK OF CURB 15’ FROM 6’ MEDIAN 14’ TURN LANE 10’ 9’1’ TRAVEL LANE 12’ TRAVEL LANE 12’ BIKE LANE 10’ TURN LANE 10’ TURN LANE 10’ TURN LANE 10’CENTER LINEROAD MEDIAN 14’ 22’ 22’ 22’ 22’ DRAFT DATE: 5/11/2017 N G:\JOB\HWA17006_Partnership_Dev\Site\Exhibits\20170213_Street Sections\Schwab Way Sections Per Median Cut Exhibit With Utilities.sht N G:\JOB\HWA17006_Partnership_Dev\Site\Exhibits\20170317_SchwabWay\SchwabWay.dgnLIMIT OF WORKDFW G1 DFW G1 DFW 1 LIMIT OF WORKLIMIT OF WORKUP AVIAVIAVI AVIAVIDN TO LOADING DOCK STORAGE XL XL XL XL XL XL XL XL XL EXECUTIVE PARKING VISITOR PARKING EMPLOYEE SECURED PARKING FD FD FDLEVLEVLEVLEVLEVLEVLEV EV / LEVEV / LEVCCCCFD FD FD FD FD FD FD FD FD FD FDFD FD FDFD FD FDFD FDFDFD FD CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCVANVANROOM ELEV CNTRLCCCC CUP TO EXEC. PARKING EL. 613’ EL. 618’ EL. 618’ AVI AVI 3% SLOPEAVI AVI PT8+21.71PC23+37.327+008+00DFW G1 UP AVIAVIAVI AVIAVIDN TO LOADING DOCK STORAGE XLXLXLXLXLXLXLXLXL EXECUTIVE PARKING VISITOR PARKING EMPLOYEE SECURED PARKING FD FD FD LEVLEVLEVLEVLEVLEVLEVEV / LEVEV / LEVCCCCFD FD FD FD FD FD FD FD FDFD FD FD FD FD FD FD FD FD FD FDFD FD CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCVANVANROOM ELEV CNTRL CCCCCUP TO EXEC. PARKING EL. 613’ EL. 618’ EL. 618’ AVI AVI 3% SLOPEAVI AVI 1+002+003+004+005+006+007+008+009+0010+0011+0012+0013+0014+0015+0016+0017+0018+0019+0020+0021+0022+0023+0024+0025+00SH 114STREET B (67’ ROW)STREET A (67’ ROW)STREET C (67’ ROW)STREET D (67’ ROW)STREET E (67’ ROW) 100’ ROW SIGNALS EXISTING SIGNAL PROPOSED SCHWAB WAY SH 170 0 80’160’240’ GRAPHIC SCALE COLORED CONCRETE CROSSWALK PAVERS/ A PART OF ANY CONCEPT OR DEVELOPMENT PLAN. THIS IS FOR EXHIBIT PURPOSES ONLY. THIS EXHIBIT IS NOT 1.7 ACRES POD 3 ENTERTAINMENT OFFICE/ 6.9 ACRES POD 1 RETAIL/HOTEL MIXED USED/OFFICE/ 1.4 ACRES POD 8 OFFICE 2.2 ACRES POD 6 ENTERTAINMENT OFFICE/RETAIL/ MIXED USE/ 1.4 ACRES POD 4 OPEN SPACE RETAIL/ OFFICE/ 6.1 ACRES POD 2 MIXED USED/OFFICE/RETAIL 3.0 ACRES OFFICE/RETAIL BRANCH CHARLES SCHWAB 83’ B-B STREET LIGHT (TYPICAL) DUAL LEFT TURN LANES TURNAROUND TRANSITION & TEMPORARY ASPHALT N.T.S. DETAIL TRUCK TURNING PROP ROW COLORED CONCRETE CROSSWALK PAVERS/ SCHWAB WAY PARTNERSHIP DEVELOPMENT COLORED CONCRETE CROSSWALK PAVERS/ PROP ROW PROP ROW MARKERS/BUTTONS REFLECTIVE RAISED DELINEATED WITH MEDIAN TO BE CROSSWALK CROSSWALK DRAFT DATE: 5/11/2017 RIGHT TURN LANE 10’ SIDEWALK/BIKE LANE BY OTHERS DEVELOPMENT21+0022+0023+00AVI FD FD AVI AVI PROP ROW 18+0019+0020+00RIGHT TURN LANE DUAL LEFT TURN LANES B B A A C CD D TEXAS 114 Westlake Comprehensive plan Update182the thoroughfare PlanThe Thoroughfare Plan is intended to address traffic potentially generated by future development in accordance with existing zoning and Planned Development Ordinances, should such levels of development actually occur. Analysis performed for the Comprehensive Plan Update shows that the entitlement currently granted to properties in THOROUGHFARE PLANTown of Westlake - Proposed Thoroughfare Plan[Deloitte WayW Dove RdRoanoke RdAlliaGateway FreePrecinct Line DrW Dove RdCapital PwyN Pearson LnOttinger RdOttinger RdOttinger RdN Main StDavis BlvdLEGEND Existing Roads Water Features Study Area BoundaryLINK TYPE Existing Proposed Regional Arterial Town Arterial Pastoral Collector Special Consideration114 Connection #4114 Connection #3114 Connection #2114 Connection #1Dove/170 ContinuityPearson South ConnectionOttinger South Connection170 ConnectionOttinger/170 Continuity170/114 ContinuityPearson/114 Connection00.20.40.1MilesNote: Future road alignment betweenconnection points is to bedetermined by development sitedesign as site plans are submittedfor coordination of connection andcontinuity.Design and coordination are required1CCapital Pwypital PwyCapital PwyDaviDavis Blcinct Line Drrecinct Line DrtitionorDDrdlvdPPrW Dove RdW Dove RdOOtOtOtireciPrdAAAAAlllliiaattinger RdOttinger RRdRdegerOttOtt/114 Cont/0/114 Cont777000/114 Cont00/114717777r Rdr RdrdRdWayWayd Rder RdertingettingengettdOOOOtinuitytinuityuyttdr Rdr Rdh ConionCtih ConnnneeeccttionPearson LnN Pearson LnPeaPeanuitynuityuPearPPPearCW Dove DdW Dove RdWDveRdnConnetiConnectionC0C7077onnectio0070Roanokdoke Rdokooke oke R45231ddd114114170377377114DISCLAIMER: Future road alignment between connection points is intended to serve the projected use of Westlake entitlements and is to be determined by development site design as site plans are submitted for coordination of connection and continuity. Therefore, final road alignments may differ from the Plan. Should road and intersection service thresholds defined by this Plan not be attained, the whole system as shown may not be built. See Policy Section B in the Implementation Document for roadway thresholds, trigger points, and other implementation language. Westlake is approximately 25 million square feet of non-residential use equating to more than 460,000 new daily trip productions and attractions. However, recent development constructed within the Town has not made full use of entitlement allowances for a particular property. Therefore, the Thoroughfare Plan is based upon the assumption that approximately 70 percent of entitled development will ultimately be built. System connectivity must be established and linkages must be extended to minimize delay caused by intersections that function at levels near congestion (Level of Service “D”) and/or when street capacity is reached. The Thoroughfare Plan identifies key connections and linkages which collectively comprise a system of movement that:• Distributes the traffic in such a way as to avoid future congestion, minimize choke points, and discourage non-residential traffic encroachment on resi-dential streets;• Facilitate crosstown trip making that doesn’t rely on Highway 114 or High-way 170• Provides a framework for orderly development.The Thoroughfare Plan is composed of key connections (the arrowheads as shown on the Plan) and linkages (the dashed lines shown on the Plan). Collectively, con-nections assure that the thoroughfare system serves destinations within the Town as well as points of ingress/egress to the Town. Linkages assure that there is system continuity from east to west and north to south. Not only does a sound system of well-connected street networks result in more direct routes and shorter travel times, it provides more travel options to discourage non-local travel on sensitive existing roadways, like the easternmost portion of Dove Road, beginning at the GlenWyck neighborhood. By providing more connections and linkages, this sec-tion of Dove Road may remain a low-traffic pastoral street. ESTLAKE TOWN COUNCIL TYPE OF ACTION Workshop - Discussion Item Monday, June 19, 2017 TOPIC: Discussion regarding the implementation of a construction deposit ordinance as well as requirements for construction site fencing, screening and cleanliness. STAFF CONTACT: Pat Cooke, Chief Building Official Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations Time Line - Start Date: June 19, 2017 Completion Date: June 19, 2017 Funding Amount: 00.00 Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The proposed ordinance was brought to staff attention due to subdivisions that are currently under construction not keeping a clean job site. Trash and debris from job sites were seen flowing into open space, trails, roads, or neighboring lots and creating a blight to the public eye. This is particularly unattractive for potential owners that are considering purchasing a piece of property in a subdivision. This ordinance intends to alleviate the above with the implementation of fencing and screening and establishing a construction deposit. In addition, the ordinance calls for plans to show locations for dumpsters, materials, and sanitary facilities, etc. as well as requiring an onsite mockup that shows all materials that will be used prior to the application of these materials to the actual building. This ordinance aims to be town wide and applicable to all zoning districts for any new construction. The basis for this ordinance comes from the Vaquero HOA Design Guidelines and CCRs. The bulk of the ordinance borrows specifically from Chapter 6 “Construction & Building Regulations” of the most recent version from the Vaquero Design Guidelines that staff has obtained. Though chapter 6 of the design guidelines covers many additional sections, staff felt that the construction deposit, construction area, trash and debris removal, and onsite mockup were the most significant sections that could be appropriate at a town wide level. Furthermore, many cities in the region have indication of construction site fencing and screening and job site cleanliness requirements, no cities in the metroplex (or even nationally) did not show evidence of having a construction deposit. It is more typical to find these types of requirements in the CCRs of an HOA. RECOMMENDATION Based on the information described above that Staff will present at the meeting, it is recommended that the Council give direction to Staff regarding how they wish to proceed with the project’s scope. ATTACHMENTS Proposed Ordinance Adding Construction Deposit and Site Conditions Ordinance XXX Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. ______ AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 18 TITLED “BUILDINGS AND BUILDING REGULATIONS” BY ADDING SECTIONS 18-3; ADDING REQUIREMENTS FOR A CONSTRUCTION DEPOSIT AND SITE CONDITIONS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake has had a large increase in development; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; 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 to Chapter 18 “Buildings and Building Regulations” should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 18, “Buildings and Building Regulations” Article 1 “In General”, adding Section 18-3 “Construction Deposit and Site Conditions” of the Town of Westlake Code of Ordinances, is hereby amended as follows: Section 18-3 Construction Deposit and Site Conditions. (a) Purpose. The purpose of this section is to ensure that any new construction complies with all Town Ordinances and maintains a clean site during construction. This article also ensures that construction sites are properly screened from the public view to minimize the visual impact of construction on neighboring lots, public areas and roads. (b) Applicability. This section applies to all zoning districts at the application for a building permit for new construction, remodels, additions, or expansions. Ordinance XXX Page 2 of 4 (c) Plans and Locations Required. At the time of application for a building permit, the builder must provide the Town of Westlake with the following: (1) A plan that shows the location and size of material storage and parking areas; and (2) Locations for sanitary facilities, dumpsters, debris storage, utility trenching, and excavation limits; and (3) A plan that shows temporary perimeter fencing of the site which screens the site from the street(s). (d) Fencing and Screening. The construction site is required to be screened from street view during construction and securely fenced to prevent public access. Fencing shall consist of opaque materials to further screen the site. (e) Model Required. An onsite smaller version mode or replica of the proposed construction shall be constructed for approval by the Town of Westlake. The model shall show all proposed materials, colors, and detailing including windows, corner and trim details and/or details of areas where one material changes to another. Models must be completed prior to installation of these materials to the house. (f) Construction Deposit. To ensure compliance with Town Ordinances and site cleanliness, each Contractor shall pay to the Town of Westlake a “Property Maintenance Deposit” prior to the issuance of the building permit. (1) Deposit Fee. The deposit will be the following values: a. New construction (Excluding accessory structures less than 200 square feet) = $25,000; or b. Remodels, expansions, or additions = $12,500 (2) Deposit Balance. A deposit balance of at least $10,000 shall be maintained at the end of each month during the construction period. Applicants will be subject to the conditions outlined in (i) of this section if such balance is not maintained. (3) Exceptions. Subdivisions in the Town of Westlake who have established HOAs and have requirements to those similarly established in this ordinance will not be required to make a deposit with the town at the discretion of the Chief Building Official. (g) Deposit Conditions. The Town of Westlake shall maintain the deposit in an account created for the purpose of holding deposits and shall segregate such funds from other Town funds. The construction deposit will cover costs or anticipated costs of the following if deemed necessary by the Chief Building Official: (1) Damage to other properties or parcels; and (2) Damage to roads and subdivision improvements; and (3) Damage to open space; and (4) Abatement of public nuisance, such as removal of trash and debris from the property. caused by the owner, contractor, subcontractors, agents or employees. Ordinance XXX Page 3 of 4 (h) Disbursal of Funds. Upon completion and acceptance of work by the Chief Building Official, the Town of Westlake shall release the unused portion of the construction deposit without interest to the contractor/owner upon approval of final inspections. (i) Failure to pay Deposit or Costs. If a deposit is not made, or if a cost incurred by the town exceeds the deposited amount, and the owner fails to pay the town for such expenses within 30 days, the Town of Westlake may revoke the building permit, issue citations, or take other legal actions. (j) Clean Site. Contractors must maintain a clean site that is clear of trash and debris. Contractors must clean all trash and debris at the end of each day and trash and debris must be removed from the site at least once a week. Any cleanup costs incurred by the town will be taken out of the construction deposit. SECTION 3: That all provisions of Chapter 18 not hereby amended shall remain in full force and effect. SECTION 4: 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 5: 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 Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: 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 ____________ 2017. Ordinance XXX Page 4 of 4 _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Development Snapshot May 2017 DENTON COUNTY TARRANT COUNTY CITY OF ROANOKE DENTON COUNTY TARRANT COUNTY CITY OF FORT WORTH TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN OF TROPHY CLUB CITY OF SOUTHLAKE 170 114 377 377 170 114 5 2 3 4 MAP GUIDE 1. Primrose School Entrada 26 Arta Drive 2. Terra Bella Residential Development 3. Carlyle Court Residential Development 4. Quail Hollow Residential Development 5. Granada Residential Development 6. Project Blizzard Mixed-Use Development 7. Schwab Corporate Campus Office Campus 8. Solana Parking Garage Addition Two Parking Garages 9. Fire/EMS Station Government Facility May 2017 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP CITY OF SOUTHLAKE CITY OF KELLER LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal Completed Building Site Plan Submitted Building Permit Submitted Under Construction 114 170 6 7 8 1 9 Development Activities Map Table Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete* Estimated Completion 1 Primrose School** Commercial N/A 12,100 s.f. CO almost issued. Dumpster enclosure being finished. TCO expires in June. 98% June 2017 2 Terra Bella Residential 28 54.7 acres 23/28 lots currently developed or under construction 66.07% N/A 3 Carlyle Court Residential 8 10.2 acres 5/8 lots under construction 31.25% N/A 4 Quail Hollow Residential 92 188 acres Phase I and IIA infrastructure complete. Building permits expected soon. 0.00% N/A 5 Granada Phase I Residential 41 85 acres Phase I has 31/41 lots currently developed or under construction. 57.32% N/A Granada Phase II 43 Phase II has 6/43 lots under construction. 6.98% Project Blizzard Mix-Use N/A 53 acres Preliminary utility work under construction. Dam/Lake hydrology improvements under construction. N/A N/A 6 Schwab Campus Phase 1 Office 4 buildings 2,600 car garage 555,000 s.f. 33 acres DP/CP, SP, and PSE approved 5-22-17. Developer plans to start July 2017. N/A N/A 7 8 Solana Parking Garage Addition Parking 1,126 spaces 10.32 acres Elevator work and landscaping are outstanding items. 95% June 2017 9 Fire/EMS Station Government Use N/A 5-acre site N/A 0% N/A * % Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s ** Refer to Entrada Development Report for more info May 2017 Key Map ID Approved Site Plans / Building Elevations Plat Status Status of Public Improvements Building Permit Status 1 CVS Pharmacy (Ord. 762)Block N, Lot 3 95% complete; not accepted Final C of O Issued 2 Primrose School (Ord. 763)Block M, Lot 2 95% complete; not accepted Final C of O Issued 3 Retail Corner (Ord. 771)Blocks O and A 80% complete; not accepted Building Permits Under Review 4 Ampitheater (Ord. 777)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 5 Gas Pad Parking (Ord. 778)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 6 Restaurant ROW (Ord. 779)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 7 Residential Villas (Ord. 783)Block J 95% complete; not accepted Building Permits Under Review 8 Residential Townhomes (Ord. 795)Block I 95% complete; not accepted not issued** Key Map ID Unapproved Site Plans Plat Status Status of Public Improvements Building Permit Status 9 Single Family Residential (Block D, E, F, H)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 10 Hotel Plaza (Block C)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 11 Chapel, Town Hall & Parking Garage Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued*** Key Map ID Unapproved Site Plans Plat Status Status of Public Improvements Building Permit Status 12 Unspecified Residential / Commercial Units Lot 1, Block B (not replatted)#construction not apporoved not issued**** ** Building permits cannot be issued until all Phase One public improvements are accepted *** A foundation only permit is issued for the chapel. All other building permits cannot be issued until site plans are approved and all Phase One public improvements are accepted. **** No developer's agreement exists for phase 2. Building permits cannot be issued until site plans are approved and all Phase One public improvements are accepted. Entrada Phase One - Construction Status (as of 5/31/2017) Entrada Phase Two - Construction Status (as of 1/20/2017) * Foundation only permit requested by developer. Plans under review # replat required for compliance with preliminary plat and development plan Entrada Development Report - May 2017 Event Description Ordinance / Resolution Approval Date Initial Zoning Approved Ordinance 703 Monday, April 22, 2013 Economic Development Agreement Approved Resolution 13-17 Monday, April 22, 2013 Development Plan Approved Ordinance 720 Monday, October 28, 2013 Preliminary Plat Approved Resolution 13-32 Monday, October 28, 2013 Phase 1 Development Agreement Approved Resolution 13-34 Monday, October 28, 2013 Solana Public Improvement District Created Resolution 14-07 Monday, February 24, 2014 Amendment One to Economic Development Agreement Approved Resolution 14-46 Monday, December 15, 2014 Amendment Two to Economic Development Agreement Approved Resolution 15-02 Thursday, January 15, 2015 Phase One Public Improvements Construction Begins n/a Sunday, March 1, 2015 Initial Final Plat Approved Ordinance 761 Monday, December 14, 2015 Design Guidelines Approved Ordinance 760 Monday, December 14, 2015 Master Landscape, Lighting and Paving Plan Approved Ordinance 759 Monday, December 14, 2015 Amendment One to Ph. 1 Development Agreement Approved Resolution 15-35 Monday, December 14, 2015 CVS Pharmacy Site Plan & Building Elevations Apprved Ordinance 762 Monday, December 14, 2015 Primrose School Site Plan & Building Elevations Approved Ordinance 763 Monday, December 14, 2015 CVS Building Permit Issued*n/a Thursday, January 14, 2016 Retail Corner Site Plan & Building Elevations Approved Ordinance 771 Monday, February 22, 2016 Ampitheater Site Plan & Building Elevations Approved Ordinance 777 Monday, March 28, 2016 Gas Pad Parking Site Plan & Building Elevations Approved Ordinance 778 Monday, March 28, 2016 Restaurant ROW Site Plan & Building Elevations Approved Ordinance 779 Monday, March 28, 2016 Residential Villas Site Plan & Building Elevations Approved Ordinance 783 Monday, April 25, 2016 Primrose Building Permit Issued*n/a Tuesday, July 26, 2016 Residential Townhomes Site Plan & Building Elevations Approved Ordinance 795 Monday, September 19, 2016 CVS Final C of O Issued n/a Friday, February 3, 2017 Primrose Final C of O Issued n/a Wednesday, May 31, 2017 Phase One Public Improvements Construction Projected Completion**n/a Thursday, July 27, 2017 *Permits Issued prior to acceptance of public imrpovements **According to developer's projection Entrada Development Chronology - as of 5/31/2017 NOTE: Phase Two agreements, replats, site plans and construction have not been not been approved as of 5/31/2017 Entrada Development Report - May 2017 1 3 4 5 9 10 11 12 2 7 8 6 Approved Entrada Development Plan ConstrucƟon / Approval Status Key Map—as of 5/31/2017 Entrada Development Report - May 2017 PD Zoning and Concept Plan Approved PD Development Plan Approved (Split into 2 phases) PD Site Plan(s)  Approved Preliminary/Final Plats Approved (Final plats further divid-ed as individual replats) Public Improvements Accepted by Town Building Permits Approved 1 2 3 4 C o n s t r u c t I o n o f P u b l I c I m p r o v e m e n t s 5 6 7 Westlake Entrada General Development Process Flow Chart Entrada Development Report - May 2017 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348- 290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership (“WRA”), HW 2421 Land, LP, a Texas limited partnership (“HW2421”), and Hillwood Alliance Services, LLC, a Texas limited liability company (“HAS”) - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 7 – Council Recap / Staff Direction Town Council Item # 8 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. NO SCHEDULED COUNCIL OR P&Z MEETINGS IN JULY MARK YOUR CALENDARS - IN JULY & AUGUST …  Westlake Municipal Offices CLOSED in Observance of Independence Day Holiday Tuesday, July 4, 2017  Westlake Municipal Offices CLOSED Friday, July 21 & Mon-Tues, July 24-25, 2017 due to relocation of Town Hall from old location of 1301 Solana Blvd., Bldg. 4 - Plaza to: • New Town Hall location: 1500 Solana Drive, Bldg. 7 (Terrace) - Suite 7200 -All municipal offices will reopen for business on Wednesday, July 26, 2017  WA Registration (To be completed on-line) Staff support available: • Friday, August 4, 2017; 8:00 am -12:00 pm • Tuesday, August 8, 2017; 3:00 pm – 6:00 pm -Personalized registration emails to be sent August 1; Notaries available at WA beginning August 1  Coffee & Conversation with the Mayor/Board President Monday, August 7, 2017; 8:00 – 9:30 am Marriott Solana Hotel – Great Room  WA Board of Trustees Workshop/Meeting Monday, August 7, 2017* Westlake Town Hall, Solana Terrace - Bldg. 7 – Council Chambers (New location)  Town Council Budget Workshop Wednesday, August 9, 2017; 12:00 – 5:00 pm Westlake Town Hall, Solana Terrace - Bldg. 7, Council Chambers (New location)  WA MYP/DP Back to School Night Monday, August 14, 2017; 5:30 pm – 7:30 pm -More details TBA in August  WA PYP Back to School Night Tuesday, August 15, 2017; 5:30 pm – 7:30 pm -More details TBA in August  WA First Day of School Thursday, August 17, 2107; 7:55 am – 3:10 pm *For meeting agendas and details on calendar events, please visit the Town’s website. Town Council Item # 2 – Items of Community Interest CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council Item # 3 – Citizen Comments 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 on May 22, 2017. b. Consider approval of the minutes from the meeting on June 2, 2017. c. Consider approval of Resolution 17-22, Appointing and Reappointing Various Affiliate boards and Planning & Zoning Commission Members. d. Consider approval of Resolution 17-23, Ratifying Town Manager’s execution of Amendment #1 to the Town Hall Lease Agreement. e. Consider approval of Resolution 17-24, Authorizing the Town Manager to execute a contract with SC Tracking for services related to Cross Connection Control Program Administration. f. Consider approval of Resolution 17-25, A Creating and Appointing a Public Art Competition Advisory Committee Including the Charge to Said Committee. g. Consider approval of Resolution 17-26, Approving the Declaration of Covenants, Conditions and Restrictions and Establishment of Easements for Westlake Entrada. h. Consider approval of Resolution 17-27, Approving a Developer Agreement with CS Kinross Lake Parkway, LLC, related to the Charles Schwab Corporate Campus, Phase One. i. Consider approval of Resolution 17-28, Approving a Master Roadway Construction Agreement with Westlake Retail Associates, Ltd., HW 2421 Land, LP, and Hillwood Alliance Services, LLC, related to the Phase One construction of Schwab Way. Town Council Item # 4 – Consent Agenda Town Council Minutes 05/22/17 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING May 22, 2017 PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, Michael Barrett, Wayne Stoltenberg, and Rick Rennhack ABSENT: OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Development Coordinator/ Management Analyst Joel Enders, Director of Finance Debbie Piper, Communications Manager Jon Sasser, Keller Police Chief Mike Wilson, and Development Intern Nick Ford. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:36 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 05/22/17 Page 2 of 7 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Town Manager Brymer and Director Meyer provided an overview of item e on the consent agenda regarding the funding. Discussion ensued regarding the parking pad, on-board cameras, and type of Drivers License. Town Manager Brymer then provided an overview of the Cross Connection and Atmos ordinances. 4. DISCUSSION ITEMS a. Presentation and discussion regarding the Northwest Metroport Chamber of Commerce activities. Ms. Sally Michalak, President & CEO, provided a presentation and overview of the chamber events, member benefits, and initiatives. b. Presentation and discussion of the DirectionFinder Results for 2017 Residential Survey. Mr. Chris Tathum, ETC Institute., provided a presentation and overview of the survey. Discussion ensued regarding Public Safety, Customer Service provided by the Town, event attendance, School District data, re -enrollment of children to the academy, residents that are unhappy, comment section, incentives to increase response rate, and peer communities. c. Presentation and discussion regarding enhancement and growth in our Communications Department for strategic messaging and marketing efforts. Assistant Town Manager DeGan and Ms. Beth Owens, BrandEra, provided a presentation and overview of the item. Discussion ensued regarding the position statement, current seal, events, concert series, retooling or introducing a logo, and trends. d. Standing Item: Presentation and discussion of development projects per Staff April 2017 report, April 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Minutes 05/22/17 Page 3 of 7 No additional information discussed. 5. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION No additional direction provided. Town Council Minutes 05/22/17 Page 4 of 7 8. ADJOURNMENT Mayor Wheat adjourned the work session at 7:13 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 7:39 p.m. 2. ITEMS OF COMMUNITY INTEREST Manager Sasser provided an overview of the upcoming events. 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the April 24, 2017, meeting. b. Consider approval of the minutes from the May 11, 2017, meeting. c. Consider approval of Ordinance 824, Approving a negotiated settlement between the Atmos cities steering committee (“ACSC”) and ATMOS ENERGY CORP., MID- TEX DIVISION regarding the company’s 2017 rate review mechanism filings. d. Consider approval of Ordinance 825, Amending Chapter 94, Utilities adding Article V, Cross Connection Control, Sections 94-100 through 94-150. e. Consider approval of Resolution 17-21, Authorizing the Town Manager to enter into a purchase agreement with Rush Truck Center, Rush Bus Center to purchase a 71-passenger activity bus and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. MOTION: Council Member Langdon made a motion to approve the consent agenda. Council Barrett seconded the motion. The motion carried by a vote of 5-0. 5. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE. MOTION: Council Member Stoltenberg made a motion to elect Council Member Langdon as Mayor Pro Tempore. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 05/22/17 Page 5 of 7 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 826, APPROVING A CONCEPT/DEVELOPMENT PLAN FOR AN APPROXIMATELY 33- ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD 3-5B). THE PROPERTY IS GENERALLY LOCATED SOUTH OF STATE HIGHWAY 170, NORTH OF JT OTTINGER ROAD, AND WEST OF WESTLAKE PARKWAY. Director Ruthven and Coordinator Enders provided a presentation and overview of items 6-8. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 826. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-0. 7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 827, APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT (PD) SITE PLAN FOR AN APPROXIMATELY 33-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD 3-5B). THE PROPERTY IS GENERALLY LOCATED SOUTH OF STATE HIGHWAY 170, NORTH OF JT OTTINGER ROAD, AND WEST OF WESTLAKE PARKWAY. Mrs. Katy Blair, Charles Schwab, provided a presentation and answered questions related to items 7 and 8. Discussion ensued regarding the pedestrian traffic from the parking garage to the office buildings. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 827. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 05/22/17 Page 6 of 7 8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 828, APPROVING A PRELIMINARY SITE EVALUATION FOR AN APPROXIMATELY 33- ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD 3-5B). THE PROPERTY IS GENERALLY LOCATED SOUTH OF STATE HIGHWAY 170, NORTH OF JT OTTINGER ROAD, AND WEST OF WESTLAKE PARKWAY. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Ordinance 828. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 9. EXECUTIVE SESSION The Council convened into executive session at 8:15 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Town Council Minutes 05/22/17 Page 7 of 7 Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 10. RECONVENE MEETING Mayor Wheat reconvened the meeting at 10:04 p.m. 11. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 12. FUTURE AGENDA ITEMS No future agenda items. 13. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 10:04 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 19, 2017. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 06/02/17 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING June 2, 2017 PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, Michael Barrett, Wayne Stoltenberg, and Rick Rennhack ABSENT: OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Human Resources Todd Wood, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Director of Finance Debbie Piper, Finance Supervisor Jaymi Ford, Director of Parks & Recreation and Facilities Troy Meyer, and Executive Director Dr. Mechelle Bryson. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 8:47 a.m.  Welcome and Introductions Town Manager Brymer welcomed the Mayor, Council and Staff. Town Council Minutes 06/02/17 Page 2 of 3 2. DISCUSSION REGARDING KEY STRATEGIC INIATIVES FOR THE FUTURE AND GOVERNANCE. Mr. Mike Mowery, Strategic Government Resources, provided a presentation and overview of Effective Board Governance.  Looking at Governance  Vision and Leadership Discussion ensued regarding the current external communication, open communication with municipal staff, institutionalize the type of communication you are seeking, developing and building culture with board and committees. Discussion regarding the Vision and Mission statement and the Academy Vision. What Westlake looks like in 30 years exercise. Council and Staff broke into groups to discuss how Westlake would look future. Assistant Town Manager DeGan and Assistant to the Town Manager Greenwood provided a presentation and overview of the key questions, budgets, strategic planning and Balanced Scorecard.  Key Strategic Question for our future  Budgets - Academy, Town and Capital Improvement Plan (CIP) preview  Strategic Planning and Balance Scorecard 3. WRAP-UP / STAFF DIRECTION Town Council Minutes 06/02/17 Page 3 of 3 4. ADJOURNMENT Mayor Wheat adjourned the work session at 4:07 p.m. APPROVED BY THE TOWN COUNCIL ON JUNE 19, 2017. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 19, 2017 TOPIC: Discussion and Consideration of a Resolution Appointing and Reappointing Various Affiliate and Planning & Zoning Commission Members. STAFF CONTACT: Kelly Edwards, Town Secretary and Tanya Morris, Administrative Assistant to the Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 22, 2017 Completion Date: June 19, 2017 Funding Amount: 0.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Members with expiring terms have been contacted by the Town Secretary’s office and asked to respond as to their desire to continue to serve as a board, commission or committee member. Applications were received for two (2) new Texas Student Housing (TSH) board members. THS President and Executive Director support both applicants appointment. All current board members that expressed the desire to be reappointed are listed in the resolution. Page 2 of 2 RECOMMENDATION N/A ATTACHMENTS Applications from Paula Petersen and James Krekow Resolution that will be completed with appointees as directed. Resolution 17-22 Page 1 of 4 TOWN OF WESTLAKE RESOLUTION NO. 17-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, REAPPOINTING AND APPOINTING MEMBERS TO THE 4B ECONOMIC DEVELOPMENT BOARD; PLANNING AND ZONING COMMISSION; TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS; THE TEXAS STUDENT HOUSING AUTHORITY; THE TEXAS STUDENT HOUSING CORPORATION – DENTON PROJECT; AND THE WESTLAKE ACADEMY FOUNDATION; AND WESTLAKE HISTORICAL PRESERVATION SOCIETY, AND RESOLVING RELATED MATTERS. WHEREAS, the Town Council conduct annual board appointments and reappointments at an August meeting; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT the following individuals are hereby appointed/reappointed to the 4B Economic Development Board: As a result of the appointments heretofore stated, the 4B Economic Development Board is represented by the following: Term Expiration Laura Wheat, Mayor June 2018 Carol Langdon, Council Member June 2018 Michael Barrett, Council Member June 2018 Rick Rennhack, Council Member June 2018 Vacant, Non-Council Member June 2018 Gregg Malone, Non-Council Member June 2018 Vacant, Non-Council Member June 2018 SECTION 3: THAT the following individuals are hereby appointed reappointed to the Planning and Zoning Commission: Resolution 17-22 Page 2 of 4 As a result of the appointments heretofore stated, the Planning and Zoning Commission is represented by the following: Term Expiration Ryan Groce June 2019 Tim Brittan June 2019 Liz Garvin June 2018 Greg Goble June 2018 Michelle Lee June 2019 Sharon Sanden (Alternate member No. 1) June 2018 Ken Kraska (Alternate member No. 2) June 2019 SECTION 4: THAT the following individuals are hereby reappointed to the Texas Student Housing Authority, the Texas Student Housing Corporation, the Texas Student Housing Corporation – Denton Project, the Texas Student Housing Authority; As a result of the appointments heretofore stated, the Texas Student Housing Authority and the Texas Student Housing Corporation – Denton Project, are represented by the following: Term Expiration Patricia Howard June 2018 Paula Petersen June 2019 Scott Bradley June 2018 Katie Kolkmeier June 2018 James Krekow June 2019 Mark Harrow June 2019 Randall Quick June 2019 Executive Director – Tracy Schornack SECTION 5: THAT the following individuals are hereby appointed/reappointed to the Westlake Academy Foundation Board of Directors: As a result of the appointments heretofore stated, the Westlake Academy Foundation is represented by the following: Term Expiration Sean Shope June 2020 Zan Jones June 2020 Jeff Watson June 2020 Christine Ross June 2020 Vacant June 2020 Leah Rennhack June 2018 Andy Sedino June 2018 Wendy Greenwood June 2018 Resolution 17-22 Page 3 of 4 Deanna Titzler June 2018 Laura Luckett June 2018 Deborah Kraska June 2019 Karen Stoltenberg June 2019 Kevin Hansen June 2019 Adam Smith June 2019 Vacant June 2019 SECTION 6: THAT the following individuals are hereby appointed/reappointed to the Westlake Historical Preservation Society: As a result of the appointment heretofore stated, the Westlake Historical Preservation Society, is represented by the following: Term Expiration Becky Fisher June 2018 Thomas Miller June 2018 Daniel Zipperlen June 2018 Jon White June 2018 Wanda Brewster June 2018 Stephen Thornton June 2019 Paula Thornton June 2019 Patricia Rapp June 2019 Laurel Mason June 2019 Staff Liaison- Town Manager or his appointee SECTION 7: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-22 Page 4 of 4 SECTION 8: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19nd DAY OF JUNE 2017. ATTEST: _____________________________ Laura 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, June 19, 2017 TOPIC: Consider a Resolution Ratifying Town Manager’s execution of Amendment #1 to the Town Hall Lease Agreement. STAFF CONTACT: Troy Meyer, Director of Facilities & Recreation Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 3, 2017 Completion Date: August 31, 2017 Funding Amount: $800,000 Status - Project Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Municipal Court office staff relocated to the existing space located at suite 207 in 2006. Town Administrative staff relocated to the existing spaced located at suite 202 in 2007 increasing our total leased area to 13,000 sf. The number of Town staff has increased over the last 10 years due the growth of the Westlake Academy, and increased residential and commercial development. Town Council provided direction to staff in the summer of 2016 staff to look at lease additional space to accommodate the staff increases. Staff hired Petty & Associates to assist negotiating a lease for new town offices in the Solana Complex. The Town Council approved Resolution 17-11 at the February 27th regular Council meeting, authorizing the Town Manger to execute a 130 month lease agreement with BRE Solana, LLP (Equity) to provide office space located at 1500 Solana Blvd, Building 7, Suite 7100 and 7200 for Town Hall. This lease increases our office space from 13,000 to 20,580 and includes a $55.00/sf Tenant allowance for a total $1,137,456. The terms of the new lease will start in August 2017. Page 2 of 2 Staff hired Cushman & Wakefield to assist managing the 20,580 Sq. ft. remodel project and to insure the project was completed on time. Cushman & Wakefield bid the project in April 2017 and received four bids ranging from $1M to $1.4M to complete the project by July 1 2017. Highland Construction was awarded the project at $1,053,300 but did not include furniture, architectural, security systems, IT equipment and audio-visual equipment. The Adopted 2016-17 Budget included $200,000 for the relocation expenses and equipment. Funding for the Town Hall remodel project and all the FF&E items is estimated at $1,887,456 as follows: Funding • TI allowance $1,137,456 • Town budget $ 200,000 • 10 months no base lease $ 302,800 • General Fund $ 247.200 TOTAL $1,887,456 The total costs for the Town Hall remodel project and all the FF&E items is estimated at $1,701,563 as follows: Estimated Construction cost • Construction & Fees $ 1,063,833 • Design & Eng. Fees $ 80,950 • FF&E $ 459,349 • Change orders $ 72,731 • Monument Signs 25,000 CURRENT TOTAL $ 1,701,563 The proposed Resolution will Ratify Amendment #1 to the Town Hall Lease Agreement to provide funding for the work necessary to the completion of the Town Hall remodel project. • Cushman & Wakefield $ 75,390.60 • Cushman & Wakefield $182,196.37 • Cushman & Wakefield $ 74,950.00 • Highland Construction $ 62,153 AMENDMENT #1 TOTAL $394,689.97 RECOMMENDATION Staff recommends ATTACHMENTS Resolution with Attachment Resolution 17-23 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-23 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS RATIFYING THE TOWN MANAGER’S EXECUTION OF AMENDMENT # 1 TO THE TOWN HALL LEASE AGREEMENT WITH BRE SOLANA, LLP. WHEREAS, the lease agreement approved by Resolution 17-11 provides approximately 20,000 sf of lease space at 1500 Solana Boulevard, Building 7 for 130 months and, WHEREAS, the area leased will accommodate office space needed for the current and future growth of the Town of Westlake and, WHEREAS, the agreement would ensure staff has adequate space to provide a high level of service to our community and stakeholders, WHEREAS, the Town Council finds that Amendment #1 to the Town Hall Lease Agreement provides necessary improvements for the Town Hall reconstruction project; and WHEREAS, the Town Council finds that the funding for Amendment #1 to the Town Hall Lease Agreement is necessary and provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; 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 hereby Ratifies the Town Manager’s execution of Amendment #1 to the Town Hall Lease Agreement, 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 17-23 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19TH DAY OF JUNE 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Invoice Number: Building 1, Suite 1400 Invoice Date: (817) 430-0100 (817) 430-8750 Fax Tenant ID: t0052656 To: Town of Westlake Property Code: 1004257a Attn: Troy Meyer 1301 Solana Boulevard, Building 4 Suite 4202 Westlake, Texas 76262 Payment Terms Due Date On Receipt On Receipt Check No: Please Remit Payment To:Billing Inquiries: BRE Solana, LLC Please contact Carly Davis c/o Cassidy Turley Commercial Real Estate Services, via phone at (817) 430-0100 or d/b/a Cushman & Wakefield email carly.davis@cushwake.com P.O. Box 205461 Dallas, Texas 75320-5461 20,580sf by $50.00/sf and $0.27/sf (1,137,456.60)$ 10,533.00$ 1,053,300.00$ 1,137,456.60$ AV Equipment 182,196.37$ 75,390.60$ Asbestos 1,120.00$ Architectural Cost 74,950.00$ 1,120.00$ 74,950.00$ Furniture 75,390.60$ TOTAL DUE:$260,033.37 Total Invoice Amount:$260,033.37 Payment Received: 182,196.37$ 10,533.00$ 1,053,300.00$ Building Invoice Reference The Plaza, Building 4 TI Overage Description Management Fee Construction Costs Tenant Improvement Allowance Unit Price 1301 Solana Boulevard Westlake, TX 76262 Invoice SOL-2017117 May 12, 2017 Extension Resolution 17-23 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 19, 2017 TOPIC: Consider a resolution authorizing the Town Manager to execute a contract with SC Tracking for services related to Cross Connection Control Program Administration. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Contract with Qualified Consultants Time Line - Start Date: June 19, 2017 Completion Date: June 19, 2017 Funding Amount: $5,000.00 Status - Funded Source - Self-funded EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff provided a workshop presentation about backflow and cross connection control and the need to update the Town’s ordinances to comply with state law. Council approved Ordinance 825, amending Chapter 94 to create Article V, Cross Connection Control, at the at the May 22, 2017 regular Town Council meeting. As a reminder, the ordinance adopted last month will require registration of all new and existing backflow prevention assemblies and may require some residents and businesses to start testing their devices annually. The proposed contract with SC Tracking will provide the services necessary to implement the Cross Control Program, and is consistent with neighboring communities’ service delivery. What are the Costs? Anticipated costs below will be included in the comprehensive Fee Schedule to be presented at the August 28, 2017 regular Council Meeting for consideration. Tester Registration = $100.00 Assembly Registration = $25.00 Customer Service Inspection = $125.00 Customer Service Re-Inspection = $125.00 Fees charged will provide offsetting revenue for the Cross Connection Program for contracted services and for allocated staff administration. If approved, staff will work with our 3rd party provider to develop an implementation schedule addressing commercial and high (health) hazards first and then identifying existing residential low (non-health) hazards, which could take 6 months to a year to fully implement. RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution with proposed contract and appendices with SC Tracking Resolution 17-24 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-24 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH SC TRACKING SOLUTIONS, LLP, FOR SERVICES RELATED TO CROSS CONNECTION CONTROL PROGRAM ADMINISTRATION; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the state requires water purveyors to provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, the Town Council finds that the enforcement of cross connection control requirements set forth by the state is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, The Town Council of the Town of Westlake has determined that cross connection control regulations are necessary to adequately protect the public health, safety and welfare; and WHEREAS, the Town Council finds that the proposed cross connection control program service delivery through a 3rd party is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with SC Tracking Solutions, LLP for services related to cross connection control program administration, 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 17-24 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19th DAY OF JUNE, 2017. _______________________________ Laura Wheat, Mayor ATTEST: ___________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney EXHIBIT A Resolution 17-24 Page 1 of 4 THIS AGREEMENT is effective on June 19, 2017 between the Town of Westlake, Texas (Town) and SC Tracking Solutions, LLC (“SC Tracking Solutions”) for the Town to access SC Tracking Solutions.com and all services of the SC Tracking Solutions (the “Services”) for- Terms of Service for SC Tracking Solutions By using the Services, Town is agreeing to be bound by the following terms and conditions (“Terms of Service”). I. Account Terms 1. Town representatives (Town Designated Employees) are permitted access to the Services. Each representative will be required to set up a unique user name and password. 2. Town is responsible for maintaining the security of account passwords assigned to Town personnel. SC Tracking Solutions cannot and will not be liable for any loss or damage from Town failure to comply with this security obligation. 3. Town agrees to forward all testers, inspectors, technicians, owners, landlords, property managers and any related inspections, including new construction and existing commercial or residential occupancies, to sctrackingsolutions.com. 4. Town agrees that SC Tracking Solutions is not an enforcement agency and at no time will be asked to enforce local or state laws or codes. 5. Designated Town enforcement personal will make every attempt to follow up on inspections that are over due within a reasonable amount of time. 6. Town may not use the Service for any illegal or unauthorized purpose. Town must not, in the use of the Service, violate any laws in its jurisdiction (including but not limited to copyright laws). 7. SC Tracking Solutions will store all information and data at a secure location at the address Frisco, TX. The IT Department for the Town may review the data security policies for SC Tracking Solutions to insure that they meet applicable standards for data security. 8. SC Tracking Solutions acknowledges that the Town is a governmental entity subject to public information laws of the State of Texas as codified in chapter 552 of the Texas Governmental Code. SC Tracking Solutions understands that, by maintaining Town data, SC Tracking Solutions may be subject to the public information laws of Texas. SC Tracking Solutions agrees to fully cooperate with the Town in regards to the Town fulfilling its obligations under the public information laws of the state. SC Tracking Solutions agrees not to provide information to anyone other than the Town if such information is confidential by law or is subject to an exception to release. 9. For purposes of this contract, contract services include cataloging/recording of backflow devices, CSI Inspections to include new residential, commercial and existing commercial devices annually. EXHIBIT A Resolution 17-24 Page 2 of 4 II. Term of Service Payment, Refunds, Upgrading and Downgrading Terms 1. Payment Term of Service- • Town will be charged $0 total for unlimited use of the backflow and CSI tracking application. See Appendix A and C, Section D for fee structure. • The one time fee of $4,500.00 will be waived for initial conversion of paper to electronic data entry. 2. The annual partnership fee of $0 for the unlimited use of the backflow and CSI applications will not change for the life of the partnership as long as the contract is renewed annually without interruption and the Town is not in breach of contract terms. 3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Town shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. 4. SC Tracking Solutions has the right to collect all taxes, levies, or duties imposed by taxing authorities as a data processor. 5. Town will be given a 60 days notice prior to the final term date of the contract. III. Cancellation and Termination 1. If Town elects to discontinue the use of SC Tracking Solutions service, written notice must be provided to SC Tracking Solutions at least 30 days prior to cancellation. Additionally and upon termination all Town content will be immediately returned to Town. 2. Upon termination of the contract, SC Tracking Solutions will submit all data collected resulting from any services in Town. Such data will be submitted in a retrievable format such as a CSV file. IV. Modifications to the Service and Prices 1. Prices of all Services, except for the annual subscription plan fees to the Service with any fees directly billed to Town, are subject to change upon 30 days notice from SC Tracking Solutions. Town may cancel the Agreement upon notice of change of fees, and said cancellation may occur prior to any increase in fees. V. Copyright and Content Ownership 1. SC Tracking Solutions claims no intellectual property rights over the material Town or any users provide to the Service. Town retains access rights to any information provided to SC Tracking Solutions by third parties who are using the Service to comply with any state or local requirement. SC Tracking Solutions will allow Town access to site to view any data submitted. Such data shall be made available to Town in easily accessible format. 2. SC Tracking Solutions will retain information submitted to them until the Town Secretary, in implementing Town records retention policy, determines that such information can be disposed. EXHIBIT A Resolution 17-24 Page 3 of 4 3. The Town authorizes SC Tracking Solutions use of the Town logo on all forms, letters, notices, reports, computer portals or other Services related item. All forms, documents, computer portals or reports subject to the use of the Town logo by SC Tracking Solutions must be reviewed and authorized by designated Town personnel prior to publication. VI. General Conditions 1. SC Tracking Solutions agrees that the Services shall be fully functional at least ninety-eight percent (98%) of the time in any given calendar month. SC Tracking Solutions further agrees, to the extent practicable, to schedule any site maintenance between the hours of 1:00am and 5:00 am. 2. Technical support is provided to paying account holders and is available via email or phone. 3. Town agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use the Service, or access to the Service without the express written permission by SC Tracking Solutions. 4. SC Tracking Solutions may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties intellectual property of these Terms of Service. The Town will be notified of the content in a reasonable amount of time so that it may take appropriate action. 5. SC Tracking Solutions does not warrant that (i) the service will meet your specific requirements, (ii) the results that may be obtained from the use of the service will be accurate or reliable, and (iii) the quality of any products, services, information, or other material purchased or obtained by the Town through the service will meet Town expectations. 6. The failure of either parties to exercise or enforce any right or provision of the Terms of Service shall not continue a waiver of such right or provision. The Terms of Service and Appendixes A and C constitutes the entire agreement between Town and SC Tracking Solutions, and govern Town’s use of the Service, superseding any prior agreements between Town and SC Tracking Solutions (including, but not limited to, any prior versions of the Terms of Service). 7. Either party shall be excused from and not be liable for its failure to perform the Agreement to the extent due to causes beyond a party’s control and without that party’s fault or negligence, including but not limited to acts of God, war, terrorist attack, epidemic, government order or regulation, disaster, strike, civil disorder, or commercially impracticable to provide the facilities, travel to the Event, or hold the event. The Agreement may be terminated without liability for any one or more of such reasons by written notice from one party to another. 8. Questions about the Terms of Service should be sent to CS@SCTrackingSolutions.com. VII. Assignment Neither party may delegate duties or assign interest in this Agreement without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld. EXHIBIT A Resolution 17-24 Page 4 of 4 VIII. Miscellaneous 1. The section headings of this Agreement are included for purposes of convenience only and will not affect the construction of interpretation of any provision. 2. The parties acknowledge that this Agreement supersedes all written and oral agreements, if any, between the parties, and that this Agreement constitutes the entire and only agreement pertaining to the Services. 3. This agreement will be binding upon and will inure to the benefits of the parties and their successors and assigns. 4. This agreement will be construed, the rights and obligations created hereby will be governed, and the remedies available will be provided in accordance with the laws of the State of Texas, regardless of the conflict of law principles customarily applied by the courts of any jurisdiction. Venue and adjudication will be in the courts having jurisdiction in Tarrant County, Texas. IX. Notice Any notice required or given pursuant of this agreement shall be made to the following: SC Tracking Solutions Town SC Tracking Solutions, LLC Town of Westlake, Texas Attn: Tony Santoro (tonys@sctrackingsolutions.com) Attn: Jarrod Greenwood P.O. Box 323 1500 Solana Blvd. Bldg. 7, Suite 7200 Rockwall, TX 75087 Westlake, Texas 76262 1-866-232-0174 Phone: 817-490-5726 WHEREUPON, the parties caused this Agreement to be duly executed and to be effective on the date first above written. SC Tracking Solutions _______________________________________ _______________ Tony Santoro, Authorized SC Tracking Solutions.com Date Representative Signature Town of Westlake, Texas _______________________________________ _______________ Thomas E. Brymer Date Town Manager Resolution 17-24 Page 1 of 2 Appendix A: Backflow SC Tracking Solutions, LLC – Scope of Work *Included in this document is: A. The process to which the Town will follow to confirm inspection scores B. Location and storage of inspection reports; primary and secondary data C. The process to which the Town will follow to document and validate testers D. Fee Breakdown A. All backflow devices on Town file are entered into the software, as well as the entire description of the device, serial number, location, type, model, service and size. Contact Information on the person or persons responsible to have the device/s tested annually is also entered into the software. 35 days prior to the annual due date of a device SC Tracking Solutions will notify by email or mail the responsible party with instructions to have their chosen tester register a profile at sctrackingsoltutions.com. Notices will also go out 15 days prior to the expiration date on the notification. Their notification (letter or e mail) will have a Catalog number on it. After providing all documents necessary to complete the inspection, the tester will be allowed to create their own log in and password. Once logged on the tester will enter the catalog number. This will bring up the device and info to be tested, as well as the format specific to the device matrix, as outlined on the state standard form. Questions outlined on the state form are required to be answered as well. They will enter the results of the test pass or fail and check out. Should the device fail, they will be asked to enter the repairs completed, then the retest results. Once a device has passed it will be removed from that months non-compliance report. If a device fails, it will go to the non-compliance report for the Town to follow up on. This will happen concurrently throughout the year until all devices are completed. The Town has full access to all documents at all time day or night. Citizens have free access to the history of the test, through open records on the site, day or night. The Town must do enforcement once an account reaches the non-compliance report or SCTS cannot maintain a high rate of compliance. B. Data Storage of Inspection Reports is only of a secondary nature. Once a device passes using the software tool, SC Tracking Solutions emails a copy of the inspection report directly to the cities designee for storage on the Town protected server. The Town is the primary storage holder of every test and can pull any test or non compliance report at anytime. SC Tracking Solutions catalogs monthly non-compliance reports for Town use and tester documents (calibration sheet, drivers license, BPAT license, fire sprinkler license, confined space certification, etc..) Features of the storage area are listed below: Resolution 17-24 Page 2 of 2 • Location: Frisco, TX • Storage Capability: 2 TB or Terabyte • Security: Rotating 24 hr back up with 2 Separate Fire Walls • Climate Controlled area 24 hours a day • 3 Separate Battery Back up Systems for server • Data is not of a sensitive nature • Secure Location • Each server is backed up nightly to an external hard drive Site Restrictions: • All Testers/Technicians will have password protected logins • The site uses SSL protection through the host of the site (the padlock at the top) C. Tester/Technicians will be required to set up a password-protected account at www.sctrackingsolutions.com. At which time they will also turn in by fax or email or upload all required documentation/credentials as determined by state law and Town ordinance. SC Tracking Solutions will cross check BPAT license with TCEQ database as well as verify all credentials prior to issuing the technicians temporary password. Once a temporary password is issued the technicians will log in to the site and change the temporary password to a permanent password of their choosing. The SCTS software has lock out mechanisms that keep the technicians from entering data unless all credentials remain current. Testers will be notified via there profile page to forward any expiring documentation to SCTS for verification and reactivation. All technicians have access to their personal profile for updating and uploading any new data that may have changed. D. ***Fees collected by SCTS on behalf of the Town will be reimbursed to the Town by check on a quarterly basis with an itemized report including each transaction. D:1: Fees collected include the $75 annual registration fee of which SCTS will require $12.50 of each transaction for processing fees. Example: $75 - $12.50 = $62.50 to Town per annual registration fee entered D:2: The $25 backflow report processing fee SCTS will require $11.95 for the standard rate plus $1.50 processing fee above the standard rate for a total of $13.45 per report. Town will be refunded quarterly $11.55 per submitted report. Sales tax applies and is paid by the tester/technicians/inspectors. Example: $25 - $11.95 (Standard Rate) – $1.50 Processing fee above the standard rate since fee is $25 = $11.55 to Town per backflow report fee collected. *Rates subject to changed as determined by Town representative. Resolution 17-24 Page 1 of 2 Appendix C: Customer Service Inspection (CSI) SC Tracking Solutions, LLC – Scope of Work *Included in this document: A. The process to which the Town will follow to confirm inspection scores B. Location and storage of inspection reports; primary and secondary data C. The process to which the Town will follow to document and validate testers/inspectors D. Fee Option Breakdown A. All Customer Service Inspections on Town file are entered into the software, as well as the entire description of the location. Contact Information on the person or persons responsible is also entered into the software. After providing all documents necessary to complete the inspection, the inspector will be allowed to create their own log in and password. Once logged on the inspector will enter the catalog number. This will bring up location info, as well as the format specific to the device matrix, as outlined on the state standard form. Questions outlined on the state form are required to be answered as well. They will enter the results of the test, complete or incomplete and remarks accordingly. Should the inspection fail, inspector will be asked why in the remarks section of the electronic document. Once an inspection has passed it will be removed from that months non-compliance report. If an inspection fails it will go to the non- compliance report for the Town to follow up on. The Town has full access to all documents at all time day or night. Citizens have free access to the history of the test, through open records on the site, day or night. The Town must do enforcement once an account reaches the non compliance report or SCTS cannot maintain a high rate of compliance. B. Data Storage of Inspection Reports is only of a secondary nature. Once a device passes using the software tool, SC Tracking Solutions emails a copy of the inspection report directly to the cities designee for storage on the Town protected server. The Town is the primary storage holder of every test and can pull any test or non compliance report at anytime. SC Tracking Solutions catalogs monthly non-compliance reports for Town use and tester documents (calibration sheet, drivers license, BPAT license, fire sprinkler license, confined space certification, etc..) Features of the storage area are listed below: • Location: Frisco, TX • Storage Capability: 2 TB or Terabyte • Security: Rotating 24 hr back up with 2 Separate Fire Walls • Climate Controlled area 24 hours a day • 3 Separate Battery Back up Systems for server • Data is not of a sensitive nature Resolution 17-24 Page 2 of 2 • Secure Location • Each server is backed up nightly to an external hard drive Site Restrictions: • All Testers/Technicians will have password protected logins • The site uses SSL protection through the host of the site (the padlock at the top) C. Tester/Technicians/Inspectors will be required to set up a password-protected account at www.sctrackingsolutions.com. At which time they will also turn in by fax or email or upload all required documentation/credentials as determined by state law and Town ordinance. SC Tracking Solutions will cross check all related professional license with TCEQ database as well as verify all credentials prior to issuing the inspectors temporary password. Once a temporary password is issued the inspectors will log in to the site and change the temporary password to a permanent password of their choosing. The SCTS software has lock out mechanisms that keep the inspectors from entering data unless all credentials remain current. They will be notified via there profile page to forward any expiring documentation to SCTS for verification and reactivation. All inspectors have access to their personal profile for updating and uploading any new data that may have changed. D. Customer Service Inspection: $0 (subcontractor option), life of contract D:1: Fees collected, paid by tester, include the $100.00 annual registration fee of which SCTS will require $12.50 of each transaction for processing fees. Example: $100.00 - $12.50 = $82.50 to Town per annual registration fee entered D:2: The $25 backflow report processing fee, paid by tester, SCTS will require $11.95 for the standard rate plus $1.50 processing fee above the standard rate for a total of $13.45 per report. Town will be refunded quarterly $11.55 per submitted report. Sales tax applies and is paid by the tester/technicians/inspectors. Example: $25 - $11.95 (Standard Rate) – $1.50 Processing fee above the standard rate since fee is $25 = $11.55 to Town per backflow report fee collected. *Rates subject to changed as determined by Town representative. Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 19, 2017 TOPIC: Consideration of a Resolution Creating and Appointing a Public Art Competition Advisory Committee Including the Charge to Said Committee. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 19, 2017 Completion Date: On-going Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On February 27, 2017, after a lengthy process that included opportunity for public participation, the Town Council reviewed and adopted a new Public Art Plan (Res. 17- ). Since that time Staff has been working with the Town’s consultant for public art to formulate next steps for implementing the Town’s Public Art Plan. This includes creating a competition to ultimately obtain a public art piece which would be the first in the Town’s collection under this Public Art Page 2 of 2 Program. To accomplish this first public art competition, it is proposed to the Council for it to appoint a Public Art Competition Advisory Committee. Assuming schedules can be coordinated, at the workshop individuals who have a strong art background who have expressed a willingness to serve on this Committee will be introduced and discussion of next steps in pursuing this public art competition will be discussed. A resolution is on the Council’s regular meeting agenda for this date that if adopted, would create this Public Art Competition Advisory Committee and appoint its members. RECOMMENDATION Recommend adoption of this resolution creating this Public Art Competition Advisory Committee and establishing the Committee’s charge. ATTACHMENTS Resolution creating and appointing the Public Art Competition Advisory Committee and establishing the Committee’s charge. Resolution 17-25 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 17-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS ESTABLISHING A PUBLIC ART COMPETITION ADVISORY COMMITTEE (COMMITTEE), DEFINING THE COMMITTEE RESPONSIBILITIES, APPOINTING MEMBERS, AND DEFINING TERMS OF SERVICE. WHEREAS, The Town of Westlake adopted a Public Art Plan via Resolution 17-09 on February 27, 2017 which calls for the creation of a Public Art Program of which this Public Art Competition Advisory Committee; is an important part, and WHEREAS, The Town of Westlake recognizes the importance of Public Art to Westlake’s economic development, preservation of value, and improving quality of life; and WHEREAS, The Town of Westlake welcomes the partnership that this committee and its membership will establish between the Westlake Public Arts Program and the larger Arts Community of the Dallas/ Ft. Region; and WHEREAS, The Town of Westlake seeks to build upon this partnership to establish a Public Arts Program that will promote new and rising talent and bring masterpiece art works to the Town; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby appoint the following individuals to become members of the Public Art Competition Advisory Committee and serve an initial two (2) year t erm, after which membership may be renewed by Council for an additional period, to be determined by the Town Council. 1. Rebecca Lawton: Former Head Curator of the Amon Carter Museum, Ft. Worth 2. Judy Deaton: Head Curator of the Grace Museum, Abilene 3. Sue Canterbury: Associate Curator of American Art, Dallas Museum of Art, Dallas 4. Terry Oldham: Former Director of the Albrecht Kemper Museum, Kansas City 5. Barry Whistler: Owner of Barry Whistler Gallery, Dallas 6. Cheryl Vogel: Owner of Valley House Gallery, Dallas 7. Paloma Anoveros: Curator for The Charles Schwab Company and former Curator San Francisco Museum of Art, San Francisco Resolution 17-25 Page 2 of 3 8. Katie Blair: Senior Design Manager, The Charles Schwab Corporation 9. Chris Worley: Owner of Chris Worley Fine Art SECTION 3: The Town Council of the Town of Westlake establishes the following mission for the Public Art Competition Advisory Committee: The Westlake Public Art Competition Advisory Committee is founded to establish a partnership between the Town of Westlake and distinguished representatives of the Regional Arts Community that will jointly pursue a Competition based Public Arts Program in Westlake Texas which cultivates excellence in public art, nourishes and develops new and emerging talent, provides a venue for the recognition and promotion of such unique talent, and seeks masterpiece in public art works overall. SECTION 4: The Town Council of the Town of Westlake establishes the following responsibilities and priorities for the first terms of the Public Art Competition Advisory Committee: 1. Advise the Town Council and Town’s Public Art Consultant team regarding organization and strategies for the Public Art Competition Program. 2. Advise the Town Council and the Town’s Public Art Consultants regarding means and methods for establishing the inaugural Public Art Competition Event and other events that may follow. 3. Formulate a “charge to the Artist” for the inaugural Public Art Competition Event and other events that may follow. 4. Recommend an inaugural Public Art Competition budget 5. Provide curatorial oversight for the selection of artists 6. Jury the inaugural event and select the finalists (more than 1) 7. Present the finalists at such events as are created for the recognition of the finalists. 8. Award the winner chosen from the finalists in conjunction with the Town. SECTION 5: This Committee is established for a period of two (2) years and shall be considered for extension at the end of that two (2) year period, as stated in SECTION 2 of this resolution. SECTION 6: 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 17-25 Page 3 of 3 SECTION 7: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19th DAY OF JUNE, 2017. _______________________________ Laura Wheat, Mayor ATTEST: ___________________________ ________________________________ 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, June 19, 2017 TOPIC: Consideration of a Resolution Approving the Declaration of Covenants, Conditions, and Restrictions (CCR’s) and Establishment of Easements for Westlake Entrada STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: 2016 Completion Date: June 19, 2017 Funding Amount: Status - Future PID Assessments Source – PID Assessments Primarily EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Solana Public Improvement District (PID) was established by the Town for the sale of PID bonds to fund the construction of the Entrada development’s infrastructure (note: said bonds are not a Town obligation). These “capital” bonds were sold in early 2015 and are repaid by set assessments per the assessment role established in the Service and Assessment Plan (“SAP”) on property within the PID’s boundaries (i.e. this is not a debt obligation of the Town of Westlake). Page 2 of 2 The SAP and the Entrada Developer Agreement also requires Entrada to have a Property Owners Association (POA) which will add a separate non-capital, maintenance assessment to each property for maintaining public improvements (not including water distribution, sanitary sewer collection system, and the Town’s duct bank, (which shall remain the responsibility of the Town) in Entrada. Further, the Entrada POA will maintain all the streets and public areas within the PID boundaries including the lake, lake edges, all open ditches and open drainage ways. A Management and Improvement Services Agreement with the Westlake Entrada Property Owners Association is necessary to ensure proper understandings and maintenance of various infrastructure and facilities in Entrada. In addition, the Developer is required, per the terms of his Development Agreement with the Town, for the Town to approve the Declaration of Covenants, Conditions, and restrictions (CCR’s) and Establishment of Easements for Westlake Entrada prior to them being filed for record. The Town staff and our consultant have been in discussions for at least a year with the Developer and his consultant on the drafting of these CCR’s. These CCR’s have gone through multiple revisions based on items the Town Manager, our consultant, and/or Town Attorney need to be changed to be in the best interests of the Town. These CCR’s are wide ranging and take in a plethora of topics, but also clarify where Town requirements supersede any requirements contained in these CCR’s. The tract which has the CVS and the tract which has the Primrose School were sold and closed on prior to these CCR’s being complete, approved by the Town and filed of records. Contained in these CCR’s are notarized signature pages that the CVS and Primrose properties have accepted these CCR’s. RECOMMENDATION Recommend adoption of this resolution approving the Declaration of Covenants, Conditions, and Restrictions (CCR’s) and Establishment of Easements for Westlake Entrada as presented. ATTACHMENTS Resolution and the Declaration of Covenants, Conditions, and Restrictions (CCR’s) and Establishment of Easements for Westlake Entrada. . Resolution 17-26 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17- 26 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING DOCUMENT ENTITLED “DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS FOR WESTLAKE ENTRADA”, WITH ENTRADA BEING A MIXED-USE DEVELOPMENT LOCATED IN THE PD1-2 ZONING DISTRICT ON AN APPROXIMATE 85 ACRE TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 DAVIS BOULEVARD AND SOLANA BOULEVARD. WHEREAS, the Town of Westlake is experiencing planned growth through the attraction of economic development projects such as Fidelity Investments and Deloitte University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, Entrada, Quail Hollow, and Granada which are consistent with the Town’s Comprehensive Plan, and WHEREAS, the Town of Westlake (Town) and Maguire Partners, L.P. (the Developer) desire to foster a cooperative partnership to continue this planned growth through a zoning and other standards that ensure high quality development within the Town in the development known as Entrada (the zoning for which was approved in Ordinance No. 703 approved on April 23, 2013), and WHEREAS, on October 28, 2013 the Town Council approved via the adoption of Resolution 13-34 a Development and Subdivision Improvement Agreement (Development Agreement) with the Developer for Entrada with Section 2L of said Development Agreement stating that the Developer of Entrada will establish a Property Owners Association (POA) for management and finances pertaining to various facilities and improvements within the Entrada development as set out in various documents approved by the Town Council; and WHEREAS, the Development Agreement adopted by Resolution 13-14 also calls for in Section 2L of said Agreement that the Developer must file in the Deed Records of Tarrant County, Texas, a Declaration of Restrictions, Covenants, and Conditions (CCR’s). Further, said Agreement states that these CCR’s must be approved by the Town prior to their filing in the Deed Records of Tarrant County, Texas and such filing is at the Developer’s expense; and WHEREAS, the Developer has submitted proposed CCR’s for Town review and approval entitled Declaration of Covenants, Conditions, and Restrictions and Establishment of Easements for Westlake Entrada”; and WHEREAS, these same CCR’s have also now been approved by CVS and Primrose School because those tracts were sold and closed on before these CCR’s were approved by the Town, and it is in the Town’s and the Developer’s best interest to finish these CCR’s and approve them per the Development Agreement prior to any further sales of tracts in Entrada; and Resolution 17-26 Page 2 of 2 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 Declaration of Covenants, Conditions, and Restrictions and Establishment of Easements for Westlake Entrada” attached hereto 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. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19TH DAY OF JUNE 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Resolution 17-26 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 19, 2017 TOPIC: Consider approval of Resolution 17-28, approving a Developer Agreement with CS Kinross Lake Parkway, LLC, related to the Charles Schwab Corporate Campus, Phase One. STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: 2017 Completion Date: June 19, 2017 Funding Amount: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Concept/Development Plan for Phase One of the Charles Schwab development along with the Site Plan were approved by the Town Council on May 22, 2017. The next step in the development process is to obtain site development and, eventually, building permits. Schwab intends to begin site construction in July 2017 with the intention of finishing Phase One construction in 2019. Given that Schwab Way is being constructed by Hillwood on a parallel path, the primary purpose of this agreement involves establishing parameters for temporary site access during construction until such time that Schwab Way is completed. Page 2 of 2 The language addressing temporary site access in the agreement requires a temporary all weather surface, to be approved by the Fire Marshal, to access the site until Schwab Way is constructed. Schwab Way must be constructed and accepted by the Town before the final Certificate of Occupancy is issued by the Town. Once the agreement is approved, and the permits issued, the next step for this development involves approving the final plat. The final plat must be approved and filed before the final Certificate of Occupancy is issued. Given the quick timing of the start of construction and the need to memorialize the site access provisions contained in this agreement, an amended agreement that contains additional provisions concerning the use of the public open space on the Schwab property will be forthcoming. RECOMMENDATION Approval ATTACHMENTS Resolution Agreement will be sent under separate cover. Resolution 17-27 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17-27 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A DEVELOPER AGREEMENT WITH CS KINROSS LAKE PARWAY, LLC, RELATED TO THE CHARLES SCHWAB CORPORATE CAMPUS, PHASE ONE IN WESTLAKE, TEXAS. WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code (“LGC”); and WHEREAS, the Town of Westlake (Town) and CS Kinross Lake Parkway, LLC (the Owner) desire to enter into an agreement which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the Developer Agreement attached hereto as Exhibit “A”, with the Owner; and further authorizes the Town Manager to execute said agreements and pursue any necessary procedures on behalf of the Town of Westlake. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-27 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19th DAY OF JUNE, 2017. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ _____________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, June 19, 2017 TOPIC: Consider approval of Resolution 17-29, approving a Master Roadway Construction Agreement with Westlake Retail Associates, Ltd., HW 2421 Land, LP, and Hillwood Alliance Services, LLC, related to the Phase One construction of Schwab Way. STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: 2017 Completion Date: June 19, 2017 Funding Amount: Status - Funded 100% by developer EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As described in the workshop item describing Schwab Way, the roadway will be a four-lane roadway divided by a landscaped center median. The right-of-way will include 100-feet from one side of the road to the other. The road will connect to State Highway 114/170 where Trophy Lake currently terminates and will terminate on the other end into a temporary cul-de-sac on the western edge of the Phase One Schwab development. Hillwood intends to start construction on the road in August 2017. The purpose of this agreement is to clarify the obligations of Hillwood, et al versus the Town regarding road construction. The agreement includes the following terms: Page 2 of 2 •Construction obligations and timing; •Definition of improvements to be constructed by the developer; •Bond requirements, including performance and maintenance bonds; The agreement includes the stipulation that the road must be completed and accepted by the Town no later than the issuance of the Certificate of Occupancy for the Schwab Phase One construction. RECOMMENDATION Approval. ATTACHMENTS Resolution Agreement will be sent under separate cover. Resolution 17-28 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17-28 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A MASTER ROADWAY CONSTRUCTION AGREEMENT WITH WESTLAKE RETAIL ASSOCIATES, LTD., HW2421 LAND, LP, AND HILLWOOD ALLIANCE SERVICES, LLC, RELATED TO THE PHASE ONE CONSTRUCTION OF SCHWAB WAY, A PUBLIC ROADWAY IN WESTLAKE, TEXAS. WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code (“LGC”); and WHEREAS, the Town of Westlake (Town) and Westlake Retail Associates, Ltd., HW2421 Land, LP, and Hillwood Alliance Services, LLC desire to enter into an agreement which sets out responsibilities for the Developers, Owner and the Town as it relates to the construction of a new road in Westlake; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the Master Roadway Construction Agreement attached hereto as Exhibit “A”, with the Developers, Owner; and further authorizes the Town Manager to execute said agreements and pursue any necessary procedures on behalf of the Town of Westlake. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-28 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 19th DAY OF JUNE, 2017. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ _____________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Page 1 of 4 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, June 19, 2017 TOPIC: Conduct a public hearing and consideration regarding a Zoning Change Request for an approximately 5.28-acre tract of land located at 2205 North Pearson Lane and 2175 North Pearson Lane, generally south of Dove Road, east of Pearson Lane, and north of Aspen Lane. The property is currently zoned R-5, Country Residential; proposed zoning is R-2, Rural Residential. STAFF CONTACT: Ron Ruthven, Director of Planning & Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives PLANNING CASE INFORMATION Case Number: Z-05-10-17 Applicant: Satendar and Neelu Bhatia Developer: N/A Site Location: 2205/2175 N Pearson Lane Site Area: 5.28 acres Current Zoning: R-5, Country Residential Requested Zoning: R-2, Rural Residential Page 2 of 4 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Formerly the site of a kennel operation in Tarrant County jurisdiction, this area consists of two unplatted tracts (3.01 and 2.27 acres). Both tracts were voluntarily annexed in December 2015 and zoned R-5 (single-family residential use/5-acre minimum lot size) in January 2016. At the time of annexation, the applicant intended to plat both tracts into a single 5-acre property upon which an estate home would be built (see attached applicant statement). The applicant now wishes to rezone the property from R-5 to R-2 (single-family residential use/2-acre minimum lot size) in order to plat and sell two lots. Note that the subject area remains in a tract configuration, i.e. unplatted. Per Sections 102-33 and 102-34 of the Westlake Code of Ordinances, a property must be platted before any building permit(s) can be issued for new vertical construction or alteration of existing structures. R-5 zoning would require both tracts be platted into a single 5-acre lot upon which a single-family home could be built. R-2 zoning would allow for the creation of two lots and the construction of two single-family homes. ZONING The properties surrounding the subject tracts are zoned R-5 (see attachment 1). Rezoning from R-5 to R-2, effectively creating an R-2 zoned “island,” would set a precedent that may ultimately increase housing density buildout along Pearson Lane and Dove Road. Maintaining zoning uniformity will maintain housing density and minimize the number of driveway access points along Pearson Lane. COMPREHENSIVE PLAN The subject area is not directly referenced in the 2015 Comprehensive Plan; at the time of Plan adoption, both tracts were in Tarrant County jurisdiction. However, the surrounding area is identified as Pastoral Community (see attached Land Use Map). The Land Use Plan describes the character of Pastoral Community as “large homes situated on large landscaped lots… generally an acre or larger with homes wet well back from the street… homes are limited to two stories in these areas and densities are one unit or less per acre.” This language does not preclude rezoning an R-5 tract to R-2, but it does not provide affirmative direction, either. Additionally, the Housing Plan in the 2015 Comprehensive Plan recommends mitigation of value encroachment along the Town’s southern border with Keller, referred to as a sub-market in the plan. Specifically, the plan states that the “purpose of this sub-market is to accommodate market encroachment from lower price point borders without corrupting the strong sub-market pricing and values Westlake enjoys. The primary planning premise for this sub-market is to provide spatial separation of the different price point sub-market in a way that is not experientially connected to the other sub-markets in the Town.” PLANNING AND ZONING COMMISSION RECOMMENDATION On July 12, 2017, the Planning and Zoning Commission voted to recommend APPROVAL of this case (5-0). Page 3 of 4 PUBLIC NOTICE Per the requirements of the Texas Local Government Code and the Town Code of Ordinances, a notice of public hearing was sent to all property owners within 200 feet of the subject properties. The public hearing notice was also published in the Fort Worth Star Telegram. In both instances the notice was mailed and published at least ten (10) days before the public hearing dates. To date, two letters of opposition (attached) have been received. RECOMMENDATION Staff recommends denial of this Zoning Change Request for the following reasons: 1. This property was annexed with the understanding that it would be zoned R-5, which was ultimately completed and approved by the Town Council on January 25, 2016. Additionally, the applicant was then expected to replat the property into a single lot in compliance with the R-5 zoning district. This never occurred. 2. The surrounding properties are zoned R-5. Rezoning this property R-2 would set a precedent that may ultimately allow for an uncoordinated increase in housing density along Pearson Lane and Dove Road catalyzing value encroachment as explained in the comprehensive plan section noted above. 3. Larger estate lots are preferable in high traffic areas where each lot derives sole access from a large, high traffic thoroughfare. Pearson Lane is classified as a Town Arterial on the Master Thoroughfare Plan in the Comprehensive Plan. The Comprehensive Plan states that, “Town Arterials are located in places where locally originated and imported traffic comingle in the kind of robust flow to and from desired local destinations that is typical of a vibrant township”. Larger estate lots such lots zoned R-5 contain larger minimum lot widths and lot depths thereby allowing greater flexibility in driveway and home placement to better mitigate the effect of “robust” traffic volumes displayed on arterials. Page 4 of 4 ATTACHMENTS 1. Vicinity & Zoning Map 2. Applicant/Owner Statement 3. Public Notice Correspondence Received 4. Corresponding Ordinance for Approval Attachment 1: Vicinity & Zoning Map From: To:Ron Ruthven Cc: Subject:Re; Zoning Change Request Z-05-10-17 Date:Saturday, June 10, 2017 9:51:37 AM Ron Thank you for your time yesterday, I appreciate your time and information regarding the proposed Zoning Request Change Z-05-10-17. As per our conversation, for the record we would like to voice our opposition to the proposed zoning change request above. Having been residents here since 2003, we feel it is not consistent or complimentary to the master development plan here in Westlake. It would be our request for Westlake P&Z to deny Zoning Request Change Z-05-10-17. Please feel free to contact us if you have any questions and thanks again for your time. Sincerely Dave and Terri Schmille Westlake, Texas 76262 From: To:Ron Ruthven Subject:Zoning Change Request Z-05-10-17 Date:Tuesday, June 13, 2017 8:28:39 AM Mr. Ruthhaven, My wife and I received the notice of the public hearing regarding the referenced zoning change request but were unable to attend the meeting last evening. I understand that this matter has most likely already been decided, but for the record we would like to voice our opposition to the proposed zoning change and any subsequent similar zoning changes in the immediate surrounding area. As long-term residents of Westlake we don’t believe the requested change would be consistent with the master development plan which we broadly support. We are most concerned that any downsizing of lots in this area will result in subsequent downsizing in the surrounding R-5 zoning, which would result in removal of many of the trees and detract greatly from the beauty and serenity of the area. Please feel free to contact us if you have any questions. Thank you for your consideration and the great work that you all do for our town. Sincerely Kevin and Dylana Braun Westlake, TX 76262 ______________________________________________________ KEVIN K. BRAUN Crest Asset Management, Inc. Chief Financial Officer 1400 Civic Place, Suite 225 817.608.9400 x 1110 (W) Southlake, TX 76092 817.608.9403 (FAX) The information in this email is confidential and may be legally privileged. If you are not the intended recipient, you must not read, use or disseminate the information. If you have received this email transmission in error, please notify us immediately. Ordinance 829 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 829 AN ORDINANCE ZONING AN APPROXIMATELY 5.28 ACRE TRACT OF LAND COMMONLY KNOWN AS 2205 N. PEARSON LN AND 2217 N. PEARSON LN, WESTLAKE, TEXAS, FURTHER DESCRIBED AND DEPICTED IN EXHIBIT “A” ATTACHED HERETO, FROM R-5 “COUNTRY RESIDENTIAL DISTRICT” TO “R-2 “RURAL RESIDENTIAL DISTRICT”; AUTHORIZING RESIDENTIAL DEVELOPMENT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts, permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS, on May 10, 2017, the Town of Westlake received a Zoning Change Request from the landowner of the property depicted and described in Exhibit “A” requesting that the Town zone said property to R-2 “Rural Residential District” in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and WHEREAS, because of the size, location, and natural features of the property the Town has a critical interest in the development of said property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, the property owner (or representative) appeared before Town Council and affirmed that the property owner is seeking this zoning request; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; and WHEREAS, on June 12, 2017, the request was heard by the Westlake Planning and Zoning Commission and the Planning and Zoning Commission recommended approval of said request; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; Ordinance 829 Page 2 of 4 to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council has determined that said Zoning Change Request is consistent with existing zoning and the development goals, standards, and desired uses described in the Comprehensive Plan; and WHEREAS, upon the recommendation of the Westlake Planning and Zoning Commission on June 12, 2017, 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 this Ordinance should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the property shown on attached Exhibit “A” is hereby rezoned from R-5, “Country Residential District” to R-2, (Rural Residential District”. SECTION 3: This Zoning District shall be subject to the same regulations that apply to R-2 zoned property as described in Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas. SECTION 4: The Town Secretary shall amend, or cause to have amended, the Official Zoning Map of the Town of Westlake to reflect the zoning of the property described and depicted on attached Exhibit “A”. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 829 Page 3 of 4 SECTION 7: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 19th DAY OF MAY 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 829 Page 4 of 4 EXHIBIT A Description and Depiction of Subject Property METES & BOUNDS DESCRIPTION TRACT I A 3.01 (CALLED 3.0) ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY, ABSTRACT NO. 680, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271, PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS, BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found ½” iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a 2.27 acre tract this day surveyed (called Tract II); THENCE along and with the common boundary of the herein described tract and said Tract II, West, a distance of 660.08 feet (called West, a distance of 659.72 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Tract II; THENCE along and with said R.O.W., North 01º10’52” East, a distance of 198.43 feet (called North, a distance of 198.08 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a called 2.00 acre tract as conveyed to Becky Banks in Vol. 11850, Pg. 1636, Deed Records of Tarrant County, Texas; THENCE leaving said R.O.W., along and with the southerly boundary line of said Banks Tract, North 89º56’03” East, at a distance of 21.15 feet passing a found pipe, a total distance of 661.03 feet (called East, a distance of 659.72 feet) to a found ½” iron rod for the northeast corner of the herein described tract, the northwest corner of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South 01º27’05” West, a distance of 199.21 feet (called South, a distance of 198.08 feet) to the POINT OF BEGINNING and containing 3.01 acres, more or less. EXHIBIT A Ordinance 829 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. Donald Edward Smith Sr., Registered Professional Land Surveyor Registration No. 2465 Ordinance 829 METES & BOUNDS DESCRIPTION TRACT II A 2.27 ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY, ABSTRACT NO. 680, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271, PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS, BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found ½” iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a called 4.43 acre tract as conveyed to Sarah Khan and Nadeem Ahmad in Ins. No. D204399688, Official Public Records of Tarrant County, Texas; THENCE along and with the common boundary of the herein described tract and said Khan/Ahmad Tract, West, at a distance of 636.95 feet passing a found ½” iron rod, a total distance of 659.95 feet (called West, a distance of 659.37 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Khan/Ahmad Tract; THENCE along and with said R.O.W., North 01º10’52” East, a distance of 149.87 feet (called North 01º10’52” East, a distance of 149.11 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a 3.01 acre tract this day surveyed, called Tract I; THENCE leaving said R.O.W., along and with the southerly boundary line of said Tract I, East, a distance of 660.08 feet (called North 89º56’46” East, a distance of 659.29 feet) to a found ½” iron rod for the northeast corner of the herein described tract, the southeast corner of said Tract I, a point in the westerly boundary line of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South 01º13’44” West, a distance of 149.87 feet (called South 01º08’44” West, a distance of 149.73 feet) to the POINT OF BEGINNING and containing 2.27 acres, more or less. Ordinance 829 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. Donald Edward Smith Sr., Registered Professional Land Surveyor Registration No. 2465 Ordinance 829 Ordinance 829 Page 1 of 4 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, June 19, 2017 TOPIC: Conduct a public hearing and consideration regarding an amendment to Ordinance 720, amending the approved Development Plan for Planned Development District 1, Planning Area 2 (PD1-2), an approximately 85- acre tract of land located north of Solana Boulevard, east of Davis Boulevard, and south of Highway 114. STAFF CONTACT: Ron Ruthven, Director of Planning & Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives PLANNING CASE INFORMATION Case Number: CDP-05-19-17 Development: Entrada Applicant: MRW Investors, LLC Owner: MRW Investors, LLC Developer: Centurion American Site Location: North of Solana Boulevard/east of Davis Boulevard/south of HWY 114 Site Area: 85 +/- acres Zoning: Planned Development (PD 3-5B) Page 2 of 4 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The following item is a corrective amendment that aligns the Entrada Development Plan (Ordinance 720) with the Entrada Public Improvement District (PID) Service and Assessment Plan (SAP). As approved on October 28, 2013, the Development Plan shows Phase II of Entrada in a “cul-de-sac” configuration (Attachment 2). However, this version was an earlier draft, and should not have been included in legislative agendas for consideration and approval. Instead, the “winding street” version shown in Attachment 3 should have been considered by the Planning and Zoning Commission and Town Council. The “winding street” version was included in subsequent Entrada-related documents, creating a mismatch between what was approved in the Development Plan and what is shown elsewhere. The proposed amendment, shown in Attachment 4, will: 1. Correct the earlier discrepancy described above and fully align the development plan with other Entrada related documents, including the SAP 2. Ensure a Phase II street layout more appropriate for Entrada’s Catalonian design theme 3. Make minor adjustments to landscape and water feature layout to account for a small undevelopable portion of Phase II that is technically a designated wetlands (compare Attachment 3 to Attachment 4) PLANNING AND ZONING COMMISSION RECOMMENDATION On July 12, 2017, the Planning and Zoning Commission voted to recommend APPROVAL this case (5-0). Page 3 of 4 PUBLIC NOTICE Per the requirements of the Texas Local Government Code and the Town Code of Ordinances, a notice of public hearing was sent to all property owners within 200 feet of the subject properties. The public hearing notice was also published in the Fort Worth Star Telegram. In both instances the notice was mailed and published at least ten (10) days before the public hearing dates. RECOMMENDATION Staff recommends approval of this item as proposed. ATTACHMENTS 1. Vicinity Map 2. 2013 Entrada Phase II street and water layout as shown in Ordinance 720 (Development Plan) 3. 2013 Entrada Phase II revised street & water layout 4. 2017 Entrada Phase II amendment for consideration 5. Corresponding Ordinance for Approval Page 4 of 4 CDP-05-19-17 Vicinity Map 15.0' SOUTHWESTERN BELL TELEPHONE EASEMENT ows'o 487, PG. Boz, A PA GA A i S 63'07'25" E 404.34' R=2709.79' 8' 19' 09" L=393.46' LC=S 58@57'40" E 393.11' 54048'10" E S 64052'25" E 56.55' 100 0 100 200 300 Feet SCALE: 1 "=100' TBM - Found 'Y' on TBM - Found 'Y' on OWNER/DEVELOPER MAGUIRE PARTNERS - SOLANA LAND, LP. 1221 N. 1-35E, SUITE 200 CARROLLTON, TEXAS Ph. (469) 892-7200 Fax (469) 892-7202 L E G E N D Z Cl) C)v CD Q z C.R.F. Capped Rebar Found Z Overhead Power Lines C.R.S. Capped Rebar Set 0 0g C. M. Control Monument rhV Down Guy Wire Mon. Monument 443— Existing Contours BM $ Benchmark V FH- 6- Fire Hydrant 445 Proposed Contours WM- ® Water Meter a Concrete PavementWV- M Water Valve W/L Water Line Asphalt Pavement ICV- o Irrigation Control Valve o SSMH- O Sanitary Sewer Manhole Wood Fence CO- o Sanitary Sewer Cleanout Chain Link Fence UP- 0 Utility Pole U) N LP- 3: Light Pole Wire Fence TC Top of Curb TP Top of Pavement Masonry Wall TW Top of Wall Existing Tree FG Finished Grade U.E. Utility Easement FL) Flowline D.E. Drainage Easement B.L. Building Line Centerline of Creek, R.O.W. Right -of -Way Swale, or Waterway D.R. Deed Records T Creek, Swale, or P.R. Plat Records Waterway Embankment OWNER/DEVELOPER MAGUIRE PARTNERS - SOLANA LAND, LP. 1221 N. 1-35E, SUITE 200 CARROLLTON, TEXAS Ph. (469) 892-7200 Fax (469) 892-7202 Q x W F- W Y MV Z Cl) C)v CD Q z U I- CD0 MN Z O LU LO 00 3:~ 0 0g Z O rhV jJy U N W I E N V 00 C'4 00 aQ r ogZ L0 C7 X ii X Lu 0 0_ m o W O 3 U) N D Nr Q x W F- F- Cn Q LLQ Z Q J F - Z W O J W W 0 IPHELMNARY PLANS THIS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. G&A CONSULTANTS, F-1798 ROBERT JOHN DOLLAK, JR., P.E. #86898 DATE 10/11/2013 JLL Kevisions: 12139R Q 0 F - Z W W Y Q Z Cl) C)v O0 LU Q z CV C LL Z O LU LO 00 3:~ 0 0g Z O Z W F- Cn Q LLQ Z Q J F - Z W O J W W 0 IPHELMNARY PLANS THIS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. G&A CONSULTANTS, F-1798 ROBERT JOHN DOLLAK, JR., P.E. #86898 DATE 10/11/2013 JLL Kevisions: 12139R Q 0 F - Z W DEVELOPMENT PLAN EAST12139RDP3 ENTRADA BROWN & GAY ENGINEERS, INC.2595 Dallas Parkway, Suite 204BGE, Inc.TBPE Registration No. F-1046Tel: 972-464-4800Ɣwww.BGEinc.comCopyright 2017Contact:Jason FreyTel: 972-464-48211800 Valley View Lane, Suite 300CENTURION AMERICANDEVELOPERContact:Michael BeatyTel: 214-287-9009CENTURION AMERICAN ON-SITE INFRASTRUCTURE PH02 WESTLAKE ENTRADA BEING 12.839 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, Inc.2595 Dallas Parkway, Suite 204, Frisco, TX 75034Contact: Jason A. Frey, P.E.Tel: 972-464-4800 Ɣwww.bgeinc.comTBPLS Licensed Surveying Firm No. 10193953Copyright 2017 GGSTATE HWY 114BROWN & GAY ENGINEERS, INC.2595 Dallas Parkway, Suite 204BGE, Inc.TBPE Registration No. F-1046Tel: 972-464-4800Ɣwww.BGEinc.comCopyright 2017Contact:Jason FreyTel: 972-464-48211800 Valley View Lane, Suite 300CENTURION AMERICANDEVELOPERContact:Michael BeatyTel: 214-287-9009CENTURION AMERICAN ON-SITE INFRASTRUCTURE PH02 WESTLAKE ENTRADA BEING 12.839 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, Inc.2595 Dallas Parkway, Suite 204, Frisco, TX 75034Contact: Jason A. Frey, P.E.Tel: 972-464-4800 Ɣwww.bgeinc.comTBPLS Licensed Surveying Firm No. 10193953Copyright 2017 Ordinance 830 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 830 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 720, WHICH APPROVED THE DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT 1-3 (PD 1-2), AN APPROXIMATELY 85 ACRE TRACT GENERALLY LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., SOUTH OF SH 114, COMMONLY KNOWN AS ENTRADA; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, Ordinance 720 approved the Development Plan for Planned Development District 1-2 (PD 1-2), an approximately 85 acre tract land, located north of Solana Boulevard, east of Davis Boulevard, and south of Highway 114, for the purpose of amending the Phase Two portion of the Development Plan; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on June 12, 2017 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendment to Ordinance 720 shown in attached Exhibit A; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on June 19, 2017 by the Town Council; 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 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, 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 this amendment to Ordinance 720, shown in attached Exhibit A, should be approved and adopted. Ordinance 830 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the following amendments to the Development Plan for PD1-2, known as Entrada, as shown in EXHIBIT A, are hereby authorized. 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: 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 Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 19th DAY OF JUNE 2017. __________________________________ ATTEST: Laura Wheat, Mayor ____________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 830 Page 3 of 3 EXHIBITS EXHIBIT A Development Plan Amendment BROWN & GAY ENGINEERS, INC.2595 Dallas Parkway, Suite 204BGE, Inc.TBPE Registration No. F-1046Tel: 972-464-4800Ɣwww.BGEinc.comCopyright 2017Contact: Jason FreyTel: 972-464-48211800 Valley View Lane, Suite 300CENTURION AMERICANDEVELOPERContact: Michael BeatyTel: 214-287-9009CENTURION AMERICAN ON-SITE INFRASTRUCTURE PH02 WESTLAKE ENTRADA BEING 12.839 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, Inc.2595 Dallas Parkway, Suite 204, Frisco, TX 75034Contact: Jason A. Frey, P.E.Tel: 972-464-4800 Ɣwww.bgeinc.comTBPLS Licensed Surveying Firm No. 10193953Copyright 2017Ordinance 830 GGSTATE HWY 114BROWN & GAY ENGINEERS, INC.2595 Dallas Parkway, Suite 204BGE, Inc.TBPE Registration No. F-1046Tel: 972-464-4800Ɣwww.BGEinc.comCopyright 2017Contact: Jason FreyTel: 972-464-48211800 Valley View Lane, Suite 300CENTURION AMERICANDEVELOPERContact: Michael BeatyTel: 214-287-9009CENTURION AMERICAN ON-SITE INFRASTRUCTURE PH02 WESTLAKE ENTRADA BEING 12.839 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, Inc.2595 Dallas Parkway, Suite 204, Frisco, TX 75034Contact: Jason A. Frey, P.E.Tel: 972-464-4800 Ɣwww.bgeinc.comTBPLS Licensed Surveying Firm No. 10193953Copyright 2017Ordinance 830 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348- 290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership (“WRA”), HW 2421 Land, LP, a Texas limited partnership (“HW2421”), and Hillwood Alliance Services, LLC, a Texas limited liability company (“HAS”) - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 Town Council Item # 7 – Executive Session Town Council Item # 8 – Reconvene Council Meeting NECESSARY ACTION a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348- 290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. - Hillwood, Westlake Retail Associates, Ltd., a Texas limited partnership (“WRA”), HW 2421 Land, LP, a Texas limited partnership (“HW2421”), and Hillwood Alliance Services, LLC, a Texas limited liability company (“HAS”) - Vaquero Club, Inc. c. Section 551.071(2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act: Waste (Trash) ordinance. d. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 Town Council Item #9 – Necessary Action 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. - Mayor Wheat, consider taking the necessary to make Westlake a smoke-free municipality. Town Council Item # 10 – Future Agenda Items Town Council Item # 11 – Adjournment Regular Session