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Home My WebLink About01-28-19 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 5 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 January 28, 2019 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Work Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 5 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. DISCUSSION ITEMS a. Standing Item: Presentation and discussion of development projects per Staff report December 2018 including an 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: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. 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: - BRE Solana 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Regular Session 1. CALL TO ORDER Page 3 of 5 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 December 10, 2018. b.Consider approval of the minutes from the meeting on January 7, 2019. c.Consider approval of Resolution 19-02, Reducing the number of board members on the Westlake Historical Preservation Society. d.Consider approval of Ordinance 875, Appointing Presiding Judge and the Alternate Presiding Judge for the Municipal Court of Record No. 1 for a two (2) year term. e.Consider approval of Resolution 19-03, Amending Resolution 18-49, regarding the developer agreement with Wilbow-Solana LLC for Subdivision Improvements at the Knolls by modifying the conservation area boundary fencing. f.Consider approval of Resolution 19-04, Amending the Fund Balance Policy by increasing the operating days from a minimum of 90 to 180 days and implementing a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. g.Consider approval of Resolution 19-05, Amending the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. h.Consider approval of Resolution 19-06, Authorizing the Town Manager to enter into an agreement with Crosspoint Communications to provide and install the BDA and Alert Systems for the Westlake Fire-EMS Station No. 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. i.Consider approval of Resolution 19-07, Approving change orders in the amount of $216,008 with Core Construction and the use of the Town’s contingency fund budget for the construction of the Westlake Fire-EMS Station No. 1 project and authorize the Town Manager to make funding changes via change order not to exceed $25,000 on this project. Page 4 of 5 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 876, AMENDING ORDINANCE 865 APPROVING A SITE PLAN AMENDMENT IN THE PD1 ZONING DISTRICT TO CONSTRUCT ADDITIONAL SURFACE PARKING LOTS FOR LOTS 3 AND 4, BLOCK 2, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE LOCATED AT THE SOUTHWEST CORNER OF SOLANA BLVD. AND STATE HIGHWAY 114. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. 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: - BRE Solana 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Page 5 of 5 10. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, January 23, 2019, 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 December 10, 2018. b. Consider approval of the minutes from the meeting on January 7, 2019. c. Consider approval of Resolution 19-02, Reducing the number of board members on the Westlake Historical Preservation Society. d. Consider approval of Ordinance 875, Appointing Presiding Judge and the Alternate Presiding Judge for the Municipal Court of Record No. 1 for a two (2) year term. e. Consider approval of Resolution 19-03, Amending Resolution 18-49, regarding the developer agreement with Wilbow-Solana LLC for Subdivision Improvements at the Knolls by modifying the conservation area boundary fencing. f. Consider approval of Resolution 19-04, Amending the Fund Balance Policy by increasing the operating days from a minimum of 90 to 180 days and implementing a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. g. Consider approval of Resolution 19-05, Amending the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. h. Consider approval of Resolution 19-06, Authorizing the Town Manager to enter into an agreement with Crosspoint Communications to provide and install the BDA and Alert Systems for the Westlake Fire-EMS Station No. 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project i. Consider approval of Resolution 19-07, Approving change orders in the amount of $216,008 with Core Construction and the use of the Town’s contingency fund budget for the construction of the Westlake Fire-EMS Station No. 1 project and authorize the Town Manager to make funding changes via change order not to exceed $25,000 on this project. Town Council Item # 3 – Review of Consent Items DISCUSSION ITEMS a. Standing Item: Presentation and discussion of development projects per Staff report December 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #4 – Discussion Items Development Snapshot December 2018 DOVEDAVISROANOKEMAIN SOLANA PEARSONJ T OTTINGERSCHWAB INDIA N C R E E KWALNUTPARISHTROPHY CLUBWESTLAKETROPHY LAKESCHWAB IND IAN CREEK DOVE PA R I S H J T OTTINGERTROP H Y CL U BTROPHY CLUBDOVETROPHY CLUBTR O P H Y C L U B 5 73 72 71 51 47 46 45 43 40 3835 34 3029 28 25 23 22 19 17 15 14 13 11 DEVELOPMENT ACTIVITIES MAP - DECEMBER 2018 CITY OF ROANOKE CITY OF FORT WORTH TOWN OF TROPHY CLUB CITY OF SOUTHLAKE CITY OF KELLER Legend Announced Conceptual Under Construction Existing Town Limits This map if form information purposes only ¯ Development Activities Status—December 2018 Project No. Project / Development Name Land Use Number of Lots/ Units Size Development Status Percent Complete Estimated Completion 5 Vaquero Residential 296 510 acres 264/296 lots under construction or completed 87.16% N/A 11, 45, 46, 47 Charles Schwab Phase 1 Office 554,000 29 acres Phase 1 under construction 65% Summer 2019 13 Granada Phase 1 Residential 41 84 acres 38/41 lots under construction or completed 81.71% N/A Granada Phase 2 43 21/43 lots under construction or completed 34.88% N/A 14 Carlyle Court Residential 8 10 acres 7/8 lots under construction or completed 75% N/A 15 Knolls at Solana Residential 56 62.5 acres Infrastructure improvements under construction 0% N/A 17 Quail Hollow Residential 96 188 acres 5/96 lots under construction 2.6% N/A 19 Terra Bella Residential 26 55 acres 25/26 lots under construction or completed 86.54% N/A 22 Fire/EMS Station Government 1 5 acres Under construction 70% Early 2019 23, 72, 73 Charles Schwab Phase 2 Office 616,000 30 acres Phase 2 site work under construction -% 2021 25 Spec’s Retail 1 12,000 sf Additional square footage under construction 15% 2019 28 Entrada Residential Residential J: 6 units I: 12 units E: 12/14 units 2,700sf- 4,500sf Block J has 6/6 lots currently under construction Block I has 12/12 lots currently under construction Block E has 12/14 lots currently under construction 4.66% Varies 29,30 Entrada Retail Corner Retail / Office 4 ~50,000 s.f. Retail Corner under construction; Starbucks/ Tower ready to issue 25% Fall 2019 34 Entrada Plaza Mayor Hospitality, Condominium, Retail 4 5 acres Site work and foundations under construction -% 2021 35, 38, 40, 43, 71 Restaurant Row / Chapel & Reception Hall / Gas Well Garage Restaurants / Entertainment 5 A: 15,422 sf B/C: 22,414 sf Under construction 15% 2019 51 Paigebrooke Residential 6 20 acres 4/6 lots under construction or completed 66.66% N/A Residential Subdivision Buildout—December 2018 Subdivision Name Plat Date Total Lots Vacant Lots Size (Acres) Development Status Percent Complete Building Permits Issued Finals Issued Aspen Lane/Shelby Estates 4/7/1981 8 0 132.6 Built-out 100% 8 8 Carlyle Court 3/7/2016 8 1 10.2 Under development 75% 7 5 Entrada 12/14/2015 322 292 85.9 Under development 4.66% 30 0 Glenwyck Farms 3/13/2000 84 0 104.3 Built-out 100.00% 84 84 Granada Phase I 6/17/2013 41 3 84.3 Under development 81.71% 38 29 Granada Phase II 12/12/2016 43 23 31.88% 21 9 Knolls at Solana - 56 56 62.5 Conceptual 0.00% 0 0 Mahotea Boone 12/9/1977 14 0 31.6 Built-out 100.00% 14 14 Paigebrooke 3/8/2004 6 2 20.3 Under development 66.67% 4 4 Quail Hollow 3/28/2016 96 91 188.3 Under development 2.60% 5 0 Stagecoach 8/16/1971 47 6 55.5 Mostly built-out 86.17% 41 40 Terra Bella 11/11/2008 26 1 54.8 Under development 86.54% 25 20 Vaquero 3/27/2000 296 32 510 Mostly built-out 87.16% 264 252 Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 84.62% 11 11 Other/Miscellaneous - 23 2 - Mostly built-out 86.96% 21 19 1,083 510 1,362.7 49.31% 573 495 Block J Block I Block I (Piedra Court) SP | Ord 847 | 2-26-18 Gas Well Pad Site SP | Ord 778 | 3-28-16Block P Block M Block H Block G Block F Block L Sales Office Block D Primrose CVS Amphitheater SP | Ord 777 | 03-28-16 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 RP | Res 18-10 | 2-26-18 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16Block DPlaza Mayor SP | Ord 854 | 5-21-18 Chapel / Reception Hall SP | Ord 853 | 4-30-18 Phase 2 DP | Ord 830 | 06-19-17Block E BUILDING LEGEND Site Plan Received Site Plan Approved Building Permit Received Building Under Construction Building Completed Block C Entrada Status Map — December 2018 Entrada Project Status—December 2018 Project Name Number of Lots/Units Size Contractor Development Status Estimated Completion CVS Pharmacy 1 13,378 sf Wurzel Builders Completed February 2017 Primrose Daycare 1 12,460 sf Cooper General Contractors Completed May 2017 Entrada Sales Center 1 3,463 sf Crescent Custom Homes Completed June 2018 Entrada Retail Corner 3 Retail Office: 43,336 sf Starbucks: 2,834 sf Retail 1: 1,370 sf Diesel Design Build Building permits issued; under construction Fall 2019 Entrada Residential Block J 6 ~4,500 sf ea Calais Custom Homes Building permits issued; under construction; 3 units nearing completion Varies Entrada Residential Block E 14 ~5,000 sf ea Crescent Custom Homes Building permits issued; under construction; 3 units nearing completion Varies Entrada Residential Block I 12 ~3,600 sf ea Pentavia Custom Homes Building permits issued; under construction Varies Pedestrian Bridge 1 - Crescent Custom Homes Building permit issued; under construction 2019 Gas Pad Parking Garage 1 148,398 sf Diesel Design Build Building permit issued; under construction 2019 Restaurant Row 3 A: 15,422 sf B/C: 22,414 sf Crescent Custom Homes Building permits issued for all of restaurant row; under construction 2019 Chapel & Reception Hall 2 Chapel: 3,207 Reception Hall: 14,418 sf Crescent Custom Homes Building permits issued; under construction 2019 Entrada Plaza Mayor 4 Hotel: 95,048 sf Condo A: N/A Condo B: 131,571 sf Parking Garage: 120,912 SF Tri-Arc Building plans under review; site work under construction 2021 Town of Westlake's Building Permit - Monthly Report Month of December, 2018 Project Number Project Type Full Address Permit Issued Date Owner Name Tenant Name Contractor Business Name Square Footage Value CFO - 18 - 0322 Commercial Finish-Out (C) 1500 Solana Blvd. Bldg. No. 3 Suite 3400 Westlake, TX 76262 12/04/2018 BRE Solana, LLC Core-Mark J.F. Jones Inc Commercial Finish-Out (C) Total Value $0.00 (Avg.: $0.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 RMDLC - 18 - 0300 Commercial Remodel Permit (C) The Vaquero Club 2300 Vaquero Club Dr. Westlake, TX 12/13/2018 The Vaquero Club Inc Parkway C&A LP 4,497 $500,000.00 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 01/07/2019 at 10:37 AM Page 1 of 6 76262 Commercial Remodel Permit (C) Total Value $500,000.00 (Avg.: $500,000.00) Total Square Footage 4,497.00 (Avg.: 4,497.00) Permits Issued:1 DEMOC - 18 - 0327 Demolition Permit (C) 1 Destiny Way Westlake, TX 76262 12/14/2018 FMR Texas I LLC Fidelity Investments HC Beck Demolition Permit (C) Total Value $0.00 (Avg.: $0.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 ELECR - 18 - 0328 Electrical Permit (R) 2451 Westlake Pkwy. Westlake, TX 76262 12/12/2018 Hwy 2421 Barn LLC Wade Electric $18,000.00 Electrical Permit (R) Total Value $18,000.00 (Avg.: $18,000.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 IRR - 18 - 0331 Irrigation Permit (R) 1827 Seville Cove Westlake, TX 76262 12/14/2018 Robert Castle Texas Landsculpture $7,000.00 IRR - 18 - 0332 Irrigation Permit 2210 Barcelona 12/14/2018 Chris Cooper Texas $7,000.00 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 01/07/2019 at 10:37 AM Page 2 of 6 (R) Ct. Westlake, TX 76262 Donna Cooper Landsculpture Irrigation Permit (R) Total Value $14,000.00 (Avg.: $7,000.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:2 HVACR - 18 - 0319 Mechanical Permit (R) 1857 Broken Bend Dr. Westlake, TX 76262 12/05/2018 Beauchamp Paul R Hawk Air Company $7,975.00 Mechanical Permit (R) Total Value $7,975.00 (Avg.: $7,975.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 COMM - 18 - 0285 New Commercial Building (C) DFW-3 3101 Schwab Way Bldg. No. 3 Westlake, TX 76262 12/13/2018 CS Kinross Lake Parkway C/O Charles Schwab Charles Schwab DPR Construction 278,068 $81,460,900.00 COMM - 18 - 0286 New Commercial Building (C) DFW-4 3111 Schwab Way Bldg. No. 4 Westlake, TX 76262 12/13/2018 CS Kinross Lake Parkway C/O Charles Schwab Charles Schwab DPR Construction 353,949 $84,409,000.00 COMM - 18 - 0287 New Commercial Building (C) DFW-G2 3131 Schwab Way Bldg. No. G2 12/13/2018 CS Kinross Lake Parkway C/O Charles Schwab Charles Schwab DPR Construction 1,439,293 $59,022,000.00 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 01/07/2019 at 10:37 AM Page 3 of 6 Westlake, TX 76262 New Commercial Building (C) Total Value $224,891,900.00 (Avg.: $74,963,966.67) Total Square Footage 2,071,310.00 (Avg.: 690,436.67) Permits Issued:3 SFR - 18 - 0318 New Single Family Home Permit (R) 2217 Castilian Path Westlake, TX 76262 12/12/2018 Bryan McMilan 1407 Kensington Court Calais Custom Homes 6,790 $1,000,000.00 New Single Family Home Permit (R) Total Value $1,000,000.00 (Avg.: $1,000,000.00) Total Square Footage 6,790.00 (Avg.: 6,790.00) Permits Issued:1 PLMBR - 18 - 0347 Plumbing Permit (R) 1567 Dove Rd. Westlake, TX 76262 12/19/2018 Simpson Steven C Baker Brothers Plumbing $1,900.00 PLMBR - 18 - 0353 Plumbing Permit (R) 1624 Fair Oaks Ct. Westlake, TX 76262 12/26/2018 Troy Avendanio Maria Ambalong Berkeys Plumbing $6,500.00 Plumbing Permit (R) Total Value $8,400.00 (Avg.: $4,200.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:2 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 01/07/2019 at 10:37 AM Page 4 of 6 POOL - 18 - 0317 Pool Permit 2018 Valencia Cove Westlake, TX 76262 12/05/2018 Joseph Cundiff Watercrest Pools Inc.2,897 $115,000.00 POOL - 18 - 0336 Pool Permit 1740 Carlyle Ct. Westlake, TX 76262 12/19/2018 Jack Waterstreet Abigail Waterstreet Claffey Pools 691 $100,000.00 POOL - 18 - 0338 Pool Permit 1407 Fountain Grass Ct. Westlake, TX 76262 12/19/2018 Jonathan Charles Lucroy Sarah Stokes Lucroy Claffey Pools 561 $85,000.00 Pool Permit Total Value $300,000.00 (Avg.: $100,000.00) Total Square Footage 4,149.00 (Avg.: 1,383.00) Permits Issued:3 ROOF - 18 - 0329 Roof Permit 1865 Post Oak Pl. Westlake, TX 76262 12/12/2018 Lamarcus Aldridge Creative Roof Systems $75,000.00 Roof Permit Total Value $75,000.00 (Avg.: $75,000.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 TOTALS:Square Footage:2,086,746.00 (Avg.: 139,116.40) Value:$226,815,275.00 (Avg.: $15,121,018.33) Total Projects:17 Permits Issued:17 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 01/07/2019 at 10:37 AM Page 5 of 6 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 01/07/2019 at 10:37 AM Page 6 of 6 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. 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: - BRE Solana 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.  Westlake Resident Parents & WA Parents Invited to Hear National Speaker & Author Josh Ochs Wednesday, January 30, 2019; 6:30 – 8:30 pm Westlake Academy Campus: Multi-Purpose Hall (MPH), 2600 JT Ottinger Road - WA welcomes guest speaker & author Josh Ochs to our WA Secondary School (grades 6-12) to talk about the importance of safety & building a positive digital identity. Josh travels the country teaching students, schools, and organizations to use their devices with a purpose. W e invite WA parents and any Westlake resident parent or grandparent (regardless of school currently attending) to join us for this special presentation.  Coffee & Conversation with the Mayor/Board President Monday, February 4, 2019; 8:00 – 9:30 am Marriott Solana Hotel – Great Room -Thank you to the Marriott for providing complimentary coffee & tea each month!  Board of Trustees Work Session/Meeting Monday, February 4, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Westlake Historical Preservation Society (WHPS) Board Meeting Tuesday, February 5, 2019; 6:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  The Simply Westlake & Timarron’s Our Neighborhoood Life publications have teamed up to present the year’s first Neighbor’s Night Out; Hosted by Engel & Volker’s - Roxanne Taylor Wednesday, February 6, 2018; 5:30 – 7:30 pm (Come & Go) Home of Doug & Laura Wheat, 2006 Navasota Cove in Vaquero; -RSVPs are requested; Please contact Connie Chase by Feb. 1 and join your neighbors for a casual fun social time – catch up with friends, meet new neighbors, tour this beautiful estate home, and enjoy complimentary beverages and delicious bites from local restaurants.  Planning & Zoning Work Session/Meeting Monday, February 11, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Public Art Competition Advisory Committee Meeting Monday, February 11, 2019; 11:00 am* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers  Westlake Municipal Offices & Westlake Academy CLOSED in Observance of the Presidents’ Day holiday Monday, February 18, 2019 **There will no interruption to this week’s trash & r ecycling s ervices; Service will occur on the regular collection day of Friday, February 22, 2019.  Town Council Work Session/Meeting Monday, February 28, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers Save the Date in March for these important events coming up soon in our community… ♦ Westlake Academy Foundation’s 16th Annual Gallery Night – March 2 ♦ Westlake Fire-EMS Station Grand Opening – March 23 ♦ Town Manager Tom Brymer Retirement Reception – March 28 *For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. 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 December 10, 2018. b. Consider approval of the minutes from the meeting on January 7, 2019. c. Consider approval of Resolution 19-02, Reducing the number of board members on the Westlake Historical Preservation Society. d. Consider approval of Ordinance 875, Appointing Presiding Judge and the Alternate Presiding Judge for the Municipal Court of Record No. 1 for a two (2) year term. e. Consider approval of Resolution 19-03, Amending Resolution 18-49, regarding the developer agreement with Wilbow-Solana LLC for Subdivision Improvements at the Knolls by modifying the conservation area boundary fencing. f. Consider approval of Resolution 19-04, Amending the Fund Balance Policy by increasing the operating days from a minimum of 90 to 180 days and implementing a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. g. Consider approval of Resolution 19-05, Amending the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. h. Consider approval of Resolution 19-06, Authorizing the Town Manager to enter into an agreement with Crosspoint Communications to provide and install the BDA and Alert Systems for the Westlake Fire-EMS Station No. 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project i. Consider approval of Resolution 19-07, Approving change orders in the amount of $216,008 with Core Construction and the use of the Town’s contingency fund budget for the construction of the Westlake Fire-EMS Station No. 1 project and authorize the Town Manager to make funding changes via change order not to exceed $25,000 on this project. Town Council Item # 4 – Consent Agenda Town Council Minutes 12/10/18 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING December 10, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, and Rick Rennhack. ABSENT: Greg Goble and Carol Langdon OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Development Coordinator Nick Ford, Director of Public Works Jarrod Greenwood, Finance Director Debbie Piper, Director of Facilities & Parks Troy Meyer, Communications Manager Jon Sasser, Director of Human Resources and Administrative Services Todd Wood, and Director of Information Technology Jason Power. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:10 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 12/10/18 Page 2 of 7 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. REPORTS a. Report regarding SH 170-Roanoke Road intersection safety concerns. Mayor Wheat asked for an overview this intersection. Director Greenwood provided an overview of the discussions with TxDOT and Keller Police Department. Discussion ensued regarding speed studies, other traffic control devices, Traffic Engineer and Staff recommendations, weaving of traffic, Charles Schwab employees, letter requesting TxDOT research other alternatives, and the completion of a traffic study by the Town’s Traffic Engineer. Mr. Russell Laughlin, Hillwood, spoke regarding the need for the main lanes of State Highway 170 to extend past Independence Parkway. 5. DISCUSSION ITEMS a. Presentation and discussion regarding a proposed communication tower capital project. Directors Greenwood, Meyer and Power provided a presentation and overview of the item. Discussion ensued regarding height, location, views from Fidelity, housing multiple types of communications including: emergency, fiber, and cellular services, leasing plans, and possibilities that may alleviate issues in Glenwyck. b. Presentation and discussion regarding Schwab Way streetscape and lighting. Director Ruthven and Robbin McCaffery, Mesa Planning, provided a presentation and overview of the item. The proposed amendment to the comprehensive plan, fixtures, temperature of lighting, height of the fixture, and lighting requested in the urban areas. Town Council Minutes 12/10/18 Page 3 of 7 c. Standing Item: Presentation and discussion of development projects per staff report November 2018 including an Entrada report from the developer and projects in Planned Development PD 3-5. Director Ruthven provided an overview of the following developments: Entrada, Charles Schwab campus Phase II, Specs store expansion, and Fidelity monument sign. 6. EXECUTIVE SESSION Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - The Knolls - BRE Solana - Charles Schwab - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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: Short Term Rental regulations d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation 7. RECONVENE MEETING Town Council Minutes 12/10/18 Page 4 of 7 8. COUNCIL RECAP / STAFF DIRECTION - Communicate with TxDOT regarding our concerns closing the Roanoke Road crossing and complete our own traffic study at this location. - Update the Comprehensive Plan with the lighting amendment regarding urban areas. - Review the proposed height of the communications tower and possibilities that may alleviate issues in Glenwyck. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 6:50 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:50 p.m. Mayor Wheat recessed the meeting at 6:50 p.m. Mayor Wheat reconvened the meeting at 6:58 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 meeting on November 26, 2018. b. Consider approval of the minutes from the meeting on December 3, 2018. MOTION: Council Member Barrett made a motion to approve the consent agenda. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. Town Council Minutes 12/10/18 Page 5 of 7 5. DISCUSSION AND CONSIDERATION OF ORDINANCE 873, AMENDING CHAPTER 18, ADDING ARTICLE V SHORT TERM RENTALS, SECTION 18-111 TO SECTION 18-112, ADDING A DEFINITION FOR SHORT-TERM RENTALS AND ESTABLISHING A PROHIBITION AGAINST SHORT-TERM RENTALS. MOTION: Council Member Belvedere made a motion to approve Ordinance 873. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. 6. DISCUSSION AND CONSIDERATION OF RESOLUTION 18-49, APPROVING A DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS WITH THE KNOLLS AT SOLANA DEVELOPER, WILBOW-SOLANA, LLC. Director Ruthven provided an overview of the item including the dedication of the conservation area by separate instrument. Mr. Larry Corson, Wilbow, provided an overview of the proposed agreement, the development, storm water drainage, grading, and the amenity area. Discussion ensued regarding properties under contract to Neil McNabnay along the conservation area, location of the fence, construction safety, trail closing notification and signage along the trail, notifications to homeowners transferring maintenance responsibilities to the HOA, detention pond, and marketing of the development. Although this item was not a public hearing, Mayor Wheat allowed Neil McNabnay, 1815 Broken Bend Drive, to speak regarding the conservation area, and assignment of the area. He also responded to the Mayors questions regarding his lawsuit with the developer and his plans for lots he has under contract in the development. MOTION: Council Member Belvedere made a motion to approve Resolution 18-49. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. 7. EXECUTIVE SESSION Council convened into executive session at 8:05 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of Town Council Minutes 12/10/18 Page 6 of 7 a financial or other incentive to a business prospect described by Subdivision (1) for the following: - The Knolls - BRE Solana - Charles Schwab - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) 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: Short Term Rental regulations d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation 8. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:17 p.m. 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion to approve Resolution 18-50, Economic Development Agreement with Wilbow. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. 10. FUTURE AGENDA ITEMS No additional discussion required. Town Council Minutes 12/10/18 Page 7 of 7 11. 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 Barrett seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 9:17 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 28, 2019. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 01/07/19 Page 1 of 3 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 7, 2019 PRESENT: Mayor Laura Wheat and Council Members: Alesa Belvedere, Greg Goble, and Carol Langdon. ABSENT: Michael Barrett and Rick Rennhack OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Director of Public Works Jarrod Greenwood, Director of Information Technology Jason Power, Director of Facilities & Parks Troy Meyer, Communications Manager Jon Sasser. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 5:06 p.m. 2. DISCUSSION AND CONSIDERATION OF ORDINANCE 874, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 4, 2019. Town Secretary Edwards provided an update regarding the contracts, dates and times of Early Voting with both counties. Town Council Minutes 01/07/19 Page 2 of 3 MOTION: Council Member Goble made a motion to approve Ordinance 874. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. 3. EXECUTIVE SESSION Council convened into executive session at 5:07 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: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. 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: - BRE Solana - Charles Schwab - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Catalyst Commercial d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation 4. RECONVENE MEETING Mayor Wheat reconvened the meeting at 6:08 p.m. 5. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Goble made a motion to approve Ordinance 874. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat recessed the meeting at 6:09 p.m., to begin the Board of Trustee’s work session. Town Council Minutes 01/07/19 Page 3 of 3 Mayor Wheat reconvened the meeting at 8:09 p.m., convened back into executive session. Mayor Wheat reconvened the meeting at 9:57 p.m. No additional action taken from executive session. 6. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 9:57 p.m. APPROVED BY THE TOWN COUNCIL ON JANUARY 28, 2019. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 1 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Consider approval of Resolution decreasing the number of Board Members on the Historical Preservation Society. STAFF CONTACT: Kelly Edwards, Town Secretary and Tanya Morris, 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. Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 14, 2019 Completion Date: January 14, 2019 Funding Amount: $0.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) President Kim Morris is requesting that the Council reduce the number of Board Members from nine (9) to seven (7) due to quorum requirements with nine (9) members not being met on a regular basis. RECOMMENDATION Decrease the number of board members per the President’s request. ATTACHMENTS Resolution Resolution 19-02 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, DECREASING THE NUMBER OF BOARD MEMBERS OF THE HISTORICAL PRESERVATION SOCIETY BOARD TO NINE MEMBERS. WHEREAS, the Town of Westlake recognizes the importance of historical preservation; and WHEREAS, the Town of Westlake is abundantly blessed with natural beauty as well as a rich cultural heritage; and WHEREAS, the Westlake Historical Preservation Society was established by the Town Council by Resolution on February 14, 2000; and WHEREAS, the President of the society has requested the Council consider decreasing the number of members from nine (9) to seven (7); 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 approves the decrease of board members from nine (9) to seven (7), 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 19-02 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JANUARY 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor _______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Consider approval of Ordinance for Appointing Presiding Judge and Alternate Judge. STAFF CONTACT: Amanda DeGan, Assistant Town Manager Jeanie Roumell, Court Administrator 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. Encourage Westlake's Unique Sense of Place Strategic Initiative Time Line - Start Date: N/A Completion Date: N/A Funding Amount: N/A Status - Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In keeping with the requirements of Ordinance No. 401, establishing the Municipal Court for the Town of Westlake in 2001, the presiding and alternate judicial positions require appointments on a biennial basis. The Court has been very fortunate to have two outstanding individuals fill these positions, each with a long history of public service to local governments. Brad Bradley is the current presiding judge and has served as either presiding or alternate judge for many of our surrounding communities. Eric Ransleben is the alternate judge and has served as a prosecutor and alternate Page 2 of 2 judge for many local jurisdictions as well. The proposed ordinance recommends the reappointment of both individuals. RECOMMENDATION Staff recommends approval of the re-appointment Ordinance. ATTACHMENTS None Ordinance 875 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 875 AN ORDINANCE OF THE TOWN OF WESTLAKE APPOINTING THE PRESIDING JUDGE AND THE ALTERNATE PRESIDING JUDGE FOR THE MUNICIPAL COURT OF RECORD NO. 1 FOR A TWO (2) YEAR TERM IN THE TOWN OF WESTLAKE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake Board of Alderman established the Municipal Court of Record No. 1 and must provide for the appointment of a Presiding Judge and an Alternate Judge; and WHEREAS, Ordinance 401 also sets forth certain duties and qualification for each of the Appointees; and WHEREAS, 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 should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Town Council hereby appoints the following individuals to the Municipal Court of Record No. 1 in the capacity set forth below: Presiding Judge Brad Bradley Alternate Judge Eric G. Ransleben These appointments are made subject to and are governed by the provisions of Ordinance No. 401, and in accordance with State law SECTION 2: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 3: If any section, article, paragraph, sentence, clause, phrase or word in the Ordinance, or application thereof to any person or circumstance, is held in valid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have Ordinance 875 Page 2 of 2 passed such remaining portion of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION4: All other Ordinances in effect and not in conflict with this Ordinance shall remain in full force and effect. SECTION5: The Town Secretary of the Town of Westlake is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Westlake and by filing this Ordinance in the Ordinance records of the Town. 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 28TH DAY OF JANUARY 2019. _____________________________ 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 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Consider approval of a Resolution amending Resolution 18-49, regarding the development agreement with Wilbow-Solana LLC for Subdivision Improvements at the Knolls by modifying the conservation area boundary fencing. STAFF CONTACT: Ron Ruthven, Director of Planning and 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 Time Line - Start Date: January 28, 2019 Completion Date: January 28, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The developer requests that the original agreement be amended in order to modify the fencing details for the conservation area boundary fence. The original approved fence included four-foot tall black metal fence with a square post and a square mesh spaced four to six inches apart. The amended fence would remain at four-feet but change from a square post to a round metal post with four horizontal steel cables, spaced 12 inches apart, strung through the posts. Page 2 of 2 Specifically, the proposed change involves replacing Exhibit “A-2” of Resolution 18-49 as shown below: Original Fence – Exhibit “A-2” Proposed Fence – Exhibit “A-2” The developer requests the change given the varied topography of the site whereby the steel cables on the proposed fence can better align with the slope of the land allowing for more efficient installation, reduced maintenance and greater durability. Staff agrees with the proposed change as the purpose of the fence is not to specifically restrict access by people or animals but to provide a clear structural boundary that discourages vehicular/bike access along with other unauthorized types of access as further prescribed in Section A(13) the development agreement. SUMMARY AND RECOMMENDATION Staff recommends approval. ATTACHMENTS 1. Resolution approving the proposed amendment Resolution 19-03 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 19-03 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS WITH WILBOW-SOLANA LLC, RELATED TO THE KNOLLS AT SOLANA DEVELOPMENT 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 Wilbow-Solana, LLC (the Owner) entered into an agreement for subdivision improvements on December 10, 2018; and WHEREAS, the agreement that the Town and the Developer wish to amend is the Development Agreement for Subdivision Improvements approved by the Town in Resolution 18-49 on December 10, 2018; 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 this Amendment to the Development Agreement for Subdivision Improvements originally approved on December 10, 2018 in Resolution 18-49 attached hereto to this resolution as Exhibit “A”. SECTION 3: THAT, the Town Council of the Town of Westlake further authorizes the Town Manager to execute said amendments to said agreements on behalf of the Town of Westlake. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-03 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15TH DAY OF JANUARY 28, 2019. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 19-03 Page 1 of 5 EXHIBIT A TO RESOLUTION NO. 19-03 AMENDMENT TO DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS – THE KNOLLS AT SOLANA THIS AMENDMENT TO THE TOWN OF WESTLAKE DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS (aka “the Amendment”) ESTABLISHED WITH THE ADOPTION OF RESOLUTION 18-49 AS ADOPTED BY THE WESTLAKE TOWN COUNCIL ON DECEMBER 10, 2018 is made and entered into this 28th day of January, 2019, by and between the Town of Westlake, Texas (the “Town”), and Wilbow-Solana LLC, (the “Developer”). W I T N E S S E T H: The Knolls at Solana Development (“Development”) is a single-family residential project to be constructed in Westlake and is currently being developed by Developer; and On December 10, 2018, the Town and the Developer entered into the Development Agreement for Subdivision Improvements cited above which addressed various development issues related to the Knolls at Solana Development and provided for the timing of certain construction, conservation area requirements and the dedication of certain property, among others; and The Developer and the Town desire to amend the Development Agreement for Subdivision Improvements contained in Resolution 18-49 with the amendments herein. In consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant and agree as follows: 1. The Development Agreement for Subdivision Improvements Adopted by Resolution 18-49 on December 10, 2018 Remain in Full Force and Effect. The Town and Developer acknowledge and agree that, except to the extent amended herein, all provisions and terms contained in the Development Agreement for Subdivision Improvements as adopted by Resolution 18-49, besides this Amendment, remain in full force and effect. 2. Specific Amendments Contained in this Amendment to the Development Agreement for Subdivision Improvements Adopted by Resolution 18-49 shall be amended as follows: Exhibit “A-2” of Resolution 18-49, Exhibit “A”, is hereby deleted and replaced with Exhibit “A-1”, attached hereto. 3. Binding Obligation. This Amendment to the Economic Development Agreement shall become a binding obligation of the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Resolution 19-03 Page 2 of 5 Amendment to the Development Agreement for Subdivision Improvements on behalf of the Town has full authority to execute this Amendment to the Development Agreement for Subdivision Improvements and bind the Town to the same. Developer warrants and represents that the individual executing this Amendment to the Development Agreement for Subdivision Improvements on its behalf has full authority to execute this Amendment to the Development Agreement for Subdivision Improvements and bind it to the same. 4. Authorization. The Town Council shall authorize the Town Manager of the Town to execute this Amendment to the Development Agreement for Subdivision Improvements on behalf of the Town. 5. Severability. In the event any provision of this Amendment to the Development Agreement for Subdivision Improvements shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Amendment to the Development Agreement for Subdivision Improvements shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 7. Filing in Deed Records. This Amendment to the Development Agreement for Subdivision Improvements shall be filed in the deed records of Tarrant County, Texas. The provisions of this Amendment to the Development Agreement for Subdivision Improvements shall be deemed to run with the Property and shall be binding on heirs, successors and assigns of Developer. 8. Notices. Any notices required or permitted to be given hereunder shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: To the Town: Attn: Thomas E. Brymer Town Manager 3 Village Circle, Suite 202 Westlake, Texas 76262 FAX: 817.430.1812 With a copy to: Attn: L. Stanton Lowry Town Attorney Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 FAX: 972.650.7105 To the Developer: Attn: Lawrence Corson, Co-President Wilbow-Solana, LLC 4131 N. Central Expressway Suite 990, Lockbox 13 Dallas, TX 75204 Resolution 19-03 Page 3 of 5 With a copy to: Watson Law Group PLLC Attn: Monty Watson 4925 Greenville Avenue, Suite 717 Dallas, TX 75206 9. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of this the 28th day of January, 2019. ATTEST: TOWN OF WESTLAKE ______________________________ By: ____________________________ Name: Kelly Edwards Name: Thomas E. Brymer Title: Town Secretary Title: Town Manager Date: ____________________________ APPROVED AS TO FORM ________________________________ Name: L. Stanton Lowry Title: Town Attorney Resolution 19-03 Page 4 of 5 DEVELOPER Wilbow-Solana LLC By: _______________________________________ Lawrence Corson, Co-President STATE OF TEXAS ) ) COUNTY OF _______________ ) This instrument was acknowledged before me on the _______ day of ___________________, 2019, by Lawrence Corson in his capacity as Co-President, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Wilbow-Solana, LLC. _____________________________________ Notary Public, State of Texas My Commission Expires: ________________________________ Resolution 19-03 Page 5 of 5 EXHIBIT “A-1” Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Consider approval of a resolution amending the Fund Balance Policy by increasing the operating days from a minimum of 90 to 180 days and implementing a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. STAFF CONTACT: Debbie Piper, Finance Director Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 28, 2019 Completion Date: January 28, 2019 Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) During the Council’s meeting on November 26, 2018, a presentation and discussion regarding the Fund Balance Policy was presented. Based on Council discussion and direction at that time, the proposed revision to the Town’s Fund Balance Policy provides for a minimum of 180 operating days and a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. Page 2 of 2 RECOMMENDATION Approval of the proposed revision to the portion of the Council’s financial policies pertaining to the fund balance maintained in the General Fund from 90 to 180 minimum days and the implementation of a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. ATTACHMENTS Resolution Draft “revised” Fund Balance Policy Resolution 19-04 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 19-04 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, AMENDING THE FUND BALANCE POLICY BY INCREASING THE OPERATING DAYS FROM A MINIMUM OF 90 TO 180 DAYS AND IMPLEMENTING A PLAN FOR PRIORITIZED UTILIZATION OF FUND BALANCE RESERVES IN EXCESS OF THE MINIMUM OPERATING THRESHOLD. WHEREAS, a fund balance policy is a key element of financial stability; and WHEREAS, the maintenance of adequate levels of unassigned fund balance will mitigate financial risk from unforeseen revenue fluctuations, unanticipated expenditures, and other similar circumstances; and WHEREAS, the Town Council desires to amend the current Fund Balance Policy and Implement a plan for prioritized utilization of fund balance reserves in excess of the minimum operating threshold; 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 approves the amendment to the current Fund Balance Policy from a minimum of 90 operating days to 180 operating days and the implementation of a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. 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 19-04 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JANUARY 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor _______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Resolution 19-04 Page 3 of 3 I. FUND BALANCE/RETAINED EARNINGS A. General Fund Undesignated Fund Balance - The Town shall strive to maintain the General Fund undesignated minimum fund balance at, or in excess of, 180 days of operation. B. Retained Earnings of Other Operating Funds - In the Utility Fund, the Town shall strive to maintain positive retained earnings positions to provide sufficient reserves for emergencies and revenue shortfalls. C. Use of Fund Balance Generally – The Council delegates the responsibility to assign funds to the Town Manager or his/her designee. The Council shall have the authority to assign any amount of funds. Assignments may occur subsequent to fiscal year-end. The Council will utilize funds in the following spending order: Restricted, Committed, Assigned, or Unassigned. Fund Balance will be targeted to only be used with Council approval and can be only be used for the following: • Emergencies, • non-recurring expenditures such as technology/FF&E (furniture, fixtures and equipment), or major capital purchases that cannot be accommodated through current year savings. • Should such use reduce the balance below the appropriate level set as the objective for that fund, recommendations will be made on how to restore it. • The Council shall approve all commitments by formal action. The action to commit funds must occur prior to fiscal year-end, to report such commitments in the balance sheet of the respective period, even though the amount may be determined subsequent to fiscal year-end. • A commitment can only be modified or removed by the same formal action. D. General Fund Balance Specifically- Amounts of the General Fund’s Fund Balance above the 180 day minimum in the General Fund may, with Council approval, be used for the following in descending order of priority: • Emergencies such as natural disaster response or repairs to major equipment failure or damage. • Specific capital improvement projects or be transferred to the Capital Projects Fund. • Major maintenance projects not meeting Capital Project criteria as identified in the Adopted Budget’s Capital Improvement Plan. • Acquisition of technology hardware and/or software such as Geographic Information Systems (GIS), public safety technology enhancements, and fiber optic technology. • Local matches on State or Federal grants. • One-time (i.e. non-reoccurring) employee performance pay Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Consider a Resolution amending the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 28, 2019 Completion Date: January 28, 2019 Funding Amount: $0.00 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Due to the recent appointment of the Assistant Town Manager to Town Manager, it is necessary to change the authorized signers on the Town’s bank accounts and TexPool. Signers on the Town’s accounts have included the Town Manager, the Finance Director, and the Mayor Pro-Tem. The Town Manager’s signature appears on all checks, with the Finance Director signing all checks over $10,000. Page 2 of 2 The Mayor Pro-Tem signs checks in emergency situations when two signatures are required and either of the primary signers are unavailable. This also provides a mechanism to continue normal financial operations during staffing changes until new signature cards are completed. RECOMMENDATION Approve Resolution amending the authorized signers on the Town of Westlake depository accounts with First Financial Bank and TexPool. ATTACHMENTS Resolution Resolution 19-05 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE AUTHORIED SIGNERS ON THE TOWN OF WESTLAKE DEPOSITORY ACCOUNTS WITH FIRST FINANCIAL BANK AND TEXPOOL. WHEREAS, authorized signers of the Town of Westlake’s depository accounts may require amendments at certain times due to changes in structure and/or personnel; and WHEREAS, due to the recent appointment of Assistant Town Manager to Town Manager, it is necessary to change the authorized signers on the Town’s bank accounts and TexPool; and WHEREAS, signers on the Town’s accounts have included the Town Manager, the Finance Director, and the Mayor Pro-Tem. The Town Manager’s signature appears on all checks, with the Finance Director signing all checks over $10,000; 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 Council hereby designates Amanda DeGan, Debbie Piper, and Carol Langdon as authorized signers of the Town of Westlake’s depository accounts with First Financial Band and TexPool. 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 19-05 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28TH DAY OF JANUARY 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor _______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Consider approval of a Resolution authorizing the Town Manager to enter into an agreement with Crosspoint Communications to provide and install the BDA and Alert Systems for the Westlake Fire-EMS Station No. 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project. STAFF CONTACT: Troy J. Meyer, Facilities Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 1, 2018 Completion Date: January 30, 2019 Funding Amount: $104,488 Status - Funded Source - Bond Issuance Page 2 of 2 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As part of the new Fire-EMS Station No. 1 communication system, and to comply with the National Fire Protection Association (NFPA) codes, staff recommends that the Town Council enter into an agreement with Crosspoint Communications to install a Bi-Directional Amplifier (BDA) and alert system. The BDA system is used to provide radio system coverage within a facility that does not allow for radio system signal penetration. The network consists of a donor antenna network based on the rooftop of the structure which collects the signal from the outside source, feeds it to an amplifier which in turn, boosts the signal and then sends it to a distributed antenna system within the building. The distribution network extends the outside signal to portable units operating within the structure. In the opposite direction, thus the term “bi- directional”, the signal is collected by the distribution system and sent to the amplifier, and then broadcast back to the system over the donor antenna network. The alerting system allows the station to receive calls from the 911 dispatch system which is sent throughout the station via voice and light alerts. In addition to speakers and red flashing lights throughout the station, this system includes low-level red lights that are used at night in the bedrooms and hallways. Staff recommends Crosspoint Communications to provide and install the BDA and alert systems for the Fire-EMS Station No. 1. Crosspoint Communications and the Town of Westlake are members of the Buy Board purchasing cooperative which will not require the Town to go out to public bid for these services. By using Buy Board (contract number 523-17) the Town will be following Texas local and state procurement requirements as documented. • BDA System $74,245.00 • Alert System $30,243.77 Total $104,488.77 The cost of both the BDA and Alert systems, are estimated at $104,488.77 for the project. The costs of these services are included in the soft cost of the $11.9M project budget. RECOMMENDATION Staff recommends Council to authorize the Town Manager to enter into an agreement with Crosspoint Communications to provide and install the BDA and Alert Systems for the Westlake Fire-EMS Station No. 1 project and to authorize town staff to make funding changes not to exceed $25,000 on this project. ATTACHMENTS Agreement Crosspoint BDA and Alert Systems Proposal Resolution Resolution 19-06 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-06 A RESOLUTION OF THE TOWN COUNCIL AUTHORIZING THE TOWN MANAGER TO ENTER INTO AGREEEMENT WITH CROSSPOINT COMMUNICATIONS TO PROVIDE AND INSTALL THE BDA AND ALERT SYSTEMS FOR THE WESTLAKE FIRE-EMS STATION NO. 1 PROJECT AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake will be constructing a new 18,000 square foot Fire - EMS Station No. 1; and WHEREAS, the staff recommends Crosspoint Communications to provide and install the BDA and Alert Systems for the Fire - EMS Station No. 1 project; and WHEREAS, this purchase will be through the Buy Board purchasing cooperative (contract number 523-17) which will not require the Town to go out to public bid for these services; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into an agreement with Crosspoint communications to provide and install the BDA and Alert Systems for $104,488.77 for the Fire – EMS Station No. 1 project, attached as Exhibit A and Exhibit B; and authorizes town staff to make funding changes not to exceed $25,000.00 on this project. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-06 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF JANUARY 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Westlake Fire Dept Public Safety BDA Project 12/14/2018 Data Restrictions This proposal is considered Crosspoint Communications confidential and restricted. The proposal is submitted with the restriction that it is to be used for evaluation purposes only, and is not to be disclosed publicly or in any manner to anyone other than those employed by Westlake Fire Dept required to evaluate this proposal without the express permission of Crosspoint Communications. Resolution 19-06 Exhibit A Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary ii Richard Whitten 12/5/2018 Westlake Fire Dept Richard Whitten, Crosspoint Communications is pleased to present this proposal for the implementation of a Public Safety BDA Project in the new fire station off of Dove Rd. This proposal has been developed from information gathered from our site walk and the plans provided by you. This price proposal is valid for 90 days. Westlake Fire Dept faces several challenges with the current communications. To meet these challenges, Westlake Fire Dept has identified its most pressing needs as follows: • Need a public safety BDA in the fire station for proper communications. Thank You, Crosspoint Communications Please call us with any questions you may have regarding this proposal Bill Kennedy Account Representative (817) 789-8610 Charlie Wanat Engineering group (817) 808-9005 Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary iii Table of Contents System Description ......................................................................................................................... 1 Public Safety Systems ................................................................................................................. 1 Operational Overview ............................................................................................................. 1 Crosspoint Communications Statement of Work ........................................................................... 6 Crosspoint Communications Responsibilities ............................................................................ 6 General Understanding ........................................................................................................... 6 General .................................................................................................................................... 7 Netco Public Safety BDA System .......................................................................................... 8 Westlake Fire Dept Responsibilities ........................................................................................... 9 Assumptions .............................................................................................................................. 10 Parts and Labor ............................................................................................................................. 11 Payment terms and conditions .............................................................................................. 11 System Acceptance ................................................................................................................... 12 System Acceptance Document ..................................................................................................... 15 System Warranty ........................................................................................................................... 16 Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 1 System Description Public Safety Systems Operational Overview The Bi-Directional Amplifier (BDA) System is used to provide radio system coverage within a facility that does not allow for radio system signal penetration. The network itself consists of a donor antenna network based from an antenna placed on the rooftop of the structure that collects the signal from the outside source and feeds it to an amplifier that boosts the signal and then sends it to a distributed antenna system within the buildings. The distribution network extends the outside signal to portable units operating within the structure. In the opposite direction, thus the term “bi-directional”, the signal is collected by the distribution system and sent to the amplifier, and then broadcast back to the system over the donor antenna network. Many factors need to be determined in the development of these networks to determine the size and cost of a system. Some of these factors include: • Amount of signal level available outside of the building that can be collected by the BDA • The area inside the structure that requires radio system coverage. • The building architecture and its ability to block radio signals Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 2 Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 3 Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 4 Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 5 Distribution Antennas Manufacturer: Model: Height: Ceiling Mount Technical Parameters: Donor Site: Netco Radio System Site Netco Donor Level: -70 dBm Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 6 Crosspoint Communications Statement of Work Public Safety BDA Project Crosspoint Communications Responsibilities General Understanding This section describes the tasks that will be required to complete this project. It discusses Crosspoint’s responsibilities and what responsibilities would be required of Westlake Fire Dept in the implementation of this project. Upon receipt of the “Notice to Proceed” and a purchase order, Crosspoint will begin the acquisition of the materials designated on the enclosed equipment list. Once the system has been ordered, updated equipment delivery times will be provided to Westlake Fire Dept Project Manager. Due to the specialized nature of this type of equipment leads times are typically eight to ten weeks ARO on the BDA head end equipment. Crosspoint Communications will appoint a Project Manager who will remain as the single point of contact throughout the project. The PM will coordinate the project kick-off meeting with Westlake Fire Dept. This initial meeting would include the following discussions along with any other points requested by Westlake Fire Dept: Introduce project team to Westlake Fire Dept and establish “Point of Contact” for both Crosspoint and Westlake Fire Dept. This would include exchanging contact information (email address, phone numbers, etc.). • Review Westlake Fire Dept responsibilities and timeline of their completion. • Review equipment delivery schedules with Westlake Fire Dept • Review installation schedule Discuss any on-site requirements of Westlake Fire Dept. This would include establishing access requirements, onsite contacts, and any special work conditions or safety requirements (hardhats, work location hazards, etc.). All materials will be stored at one of Crosspoint’s facilities and transported to the site as needed. Crosspoint will be responsible for all shipping and transportation costs as part of this proposal. Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 7 General 1. Perform all work and tasks required to install the products according to manufacturers’ recommendations during installation 2. Administer safe work procedures for installation 3. Ensure the proper disposal of all debris generated from installation 4. Schedule the implementation in agreement with Westlake Fire Dept. 5. Coordinate the activities of all Crosspoint Communications subcontractors under this contract. 6. All work will be performed during normal working hours (Monday through Friday, 8AM to 5:00PM). 7. Crosspoint Communications will use the Motorola R56 Manual, Standards and Guidelines for Communication Sites as its installation guide in all situations where the customer specifications and local codes do not apply. These guidelines will be adhered to as closely as possible as allowed by the existing sites and equipment. The R56 Manual is available for review upon request. This quotation does not included bringing existing equipment and sites up to R56 standards unless specifically outlined. 8. All grounding wire , stainless steel bolts, lugs, and other small grounding hardware will be supplied by Crosspoint Communications. 9. Any work that is required to complete this project not specifically described in this statement of work will be considered above the scope of this proposal and subject to re- quotation 10. Perform testing of equipment Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 8 Netco Public Safety System Implement the RF distribution network. This will include the following: Provide and install a public safety BDA w/ 24 Hours Battery Back Up. Provide and install Heliax coaxial cable between the Donor antenna and the designated locations for each distribution antenna as specified in the system design. Install (4) distribution antennas that will be secured to ceiling tiles. Precautions will be taken to ensure that ceiling tiles will not sag. Install all of the cable terminations, signal splitters, cable securing hardware. Apply power to the system and perform system optimization that will include recording all signal levels at each antenna site. Once the system has been completely implemented and fully tested by Crosspoint, Crosspoint Communications, along with representatives of Westlake Fire Dept shall participate in a “Coverage Demonstration Procedure” (CDP). These procedures are described later in this section. Upon final acceptance, the system will be commissioned and customer beneficial use shall begin. Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 9 Westlake Fire Dept Responsibilities Crosspoint will require access throughout the building in the different locations affected by the installation. Westlake Fire Dept will need to provide clear access to each of these locations during normal business hours. It will be Westlake Fire Dept’s responsibility to ensure the proper representatives are available to attend a scheduled pre-project meeting. Representatives will need to authorize the placement of the different system components. At this meeting, Crosspoint will review the installation schedule and Westlake Fire Dept responsibilities. Westlake Fire Dept will need to provide representatives to participate in the Coverage Demonstration Procedure. It will be necessary to secure a letter of permission from the Netco owner or system administrator prior to installation of the BDA. Single point Ground within 6' of BDA installation 15A AC Circuit within 6' of BDA installation Work will be conducted prior to occupancy. If a debris collection device is necessary for ceiling tile removal additional labor charges will apply. 1. Provide all authorizations to perform the installation services. 2. Obtain and provide all approvals, permits, and agreements as required at all sites and locations. 3. Provide adequate space for equipment to be installed. 4. Provide primary electrical power at the site. 5. Provide all roof penetrations required by the project unless they are outlined in the Crosspoint Communications statement of work section. 6. Provide Point of Contact to monitor and answer questions related to project. 7. Sign “Installation Completion Form” upon satisfactory completion of project. 8. Provide all buildings, equipment shelters, and towers required for system installation 9. Insure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment. 10. Obtain all licensing, site access, or permitting required for project implementation. 11. Provide any specialized cable management systems required by the project. 12. Customer will provide a dedicated delivery point, such as a warehouse, for receipt, inventory and storage of equipment prior to delivery to the site(s). 13. Coordinate the activities of all Westlake Fire Dept vendors or other contractors. 14. Provide all Cable run path ways. 15. Provide all fire stops and fireproof sleeves. Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 10 Assumptions Crosspoint Communications has developed a comprehensive engineered solution contained within this proposal with the best intentions of satisfying the needs of Westlake Fire Dept. Certain assumptions were made in order for Crosspoint Communications to design this system. The following is a list of site requirements and design assumptions for the system. 1. All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56. 2. All existing sites or equipment locations will have adequate electrical power in the proper phase and voltage and site grounding to support the requirements of the system described. 3. All existing towers, roof tops or side walls will have adequate space and size to support the antenna network requirements of the system described. 4. Any site/location upgrades or modifications are the responsibility of the customer. 5. Any tower stress analysis or tower upgrade requirements are the responsibility of Westlake Fire Dept. 6. Approved FCC licensing provided by the Westlake Fire Dept. 7. Approved local, State, Federal third party permits as may be required for the installation and operation of the proposed equipment are the responsibility of Westlake Fire Dept. 8. Any required system interconnections not specifically outlined here will be provided by Westlake Fire Dept. These may include dedicated phone circuits, microwave links, Ethernet or other types of connectivity. 9. Crosspoint Communications is not responsible for interference caused or received by the Crosspoint Communications provided equipment.. Should the Westlake Fire Dept’s system experience interference, Crosspoint Communications can be contracted to investigate the source and recommend solutions to mitigate the issue. Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 11 Parts and Labor Description Cost Equipment $ 41,935.00 Installation & Optimization $ 32,010.00 Warranty Wrap Year One $ 300.00 Total $ 74,245.00 Payment terms and conditions Crosspoint Communications Inc. will submit invoices to Westlake Fire Dept according to the Payment Schedule below. Westlake Fire Dept will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. Sales tax not included. 100% Due upon Final System Acceptance Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 12 System Acceptance As part of this proposal, Crosspoint Communications Inc. is providing a 95% coverage guarantee at a Delivered Audio Quality (DAQ) level of 3.0. The following table describes the subjective performance description as defined in the TIA TSB-88 Bulletin. Delivered Audio Quality (DAQ) Scale Definitions Delivered Audio Quality Subjective Performance Description DAQ 5.0 Speech easily understood. DAQ 4.5 Speech easily understood. Infrequent Noise/Distortion. DAQ 4.0 Speech easily understood. Occasional Noise/Distortion. DAQ 3.4 Speech understandable with repetition only rarely required. Some Noise/Distortion. DAQ 3.0 Speech understandable with slight effort. Occasional repetition required due to Noise/Distortion. DAQ 2.0 Understandable with considerable effort. Frequent repetition due to Noise/Distortion. DAQ 1.0 Unusable, speech present but unreadable. RF coverage performance will be demonstrated to ensure that the coverage extension system provides a DAQ level as stated throughout the specified coverage area. The procedure is explained in the following paragraphs. Coverage demonstration shall be considered complete and successful when the ability to send and receive intelligible voice communications over a portable radio inside each facility and the fixed test team’s stationary location has been demonstrated as defined in the Coverage Demonstration Procedure (CDP). In the event that the Coverage Demonstration does not demonstrate the required level of coverage, Crosspoint will, with the cooperation of Westlake Fire Dept, optimize the system and/or provide all additional labor and materials required to meet the performance criteria as defined in this proposal. Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 13 The following is required for the CDP: Resources: Two Westlake Fire Dept Representatives, two Crosspoint Representatives Equipment: Building plans with mutually agreed upon test points marked, two fully charged portable radios. Coverage Demonstration Procedure (CDP) One Westlake Fire Dept and one Crosspoint representative will be located at the Westlake Fire Dept dispatch center or control point. This team will be responsible for controlling the CDP and completing the Acceptance Test Check Sheets. This team will be called the Stationary Team. The second Westlake Fire Dept and Crosspoint representative will each be equipped with one portable radio. This team will be responsible to initiate and/or receive calls from each of the test points in the facility. This team will be called the Mobile Team. Test calls will be initiated from the mobile team once they have reached an agreed upon test point. The test at each point will consist of the following transmissions: • Mobile Team ---“This is mobile team testing, one two, three, four, five at location XYZ, do you read me”, “Over” • Stationary Team --- “Affirmative, testing, one, two, three, four, five. Received your message at DAQ X.X,”, “Over” • Mobile Team ---“Mobile team received your message at DAQ X.X,” • Move to the next location. The stationary team will be responsible for all documentation for both teams. Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 14 Failed Test Points In the event that a transmission fails in either direction, the mobile team will move 2-5’ from the previous test position and the test point procedure will be repeated. If the test point fails this second attempt, it will be noted as a failed test point. A failed test point is any point that is graded at less than a DAQ level of 3.0 in either direction. Transmissions including the test message will be the only transmissions that are graded. Proof of 95% Reliability Test points will be determined during the acceptance-testing phase of the implementation. Locations will be evenly distributed throughout the area. Westlake Fire Dept reserves the right to decline testing any test points. Declined test points will be considered unknown and not taken into account. Westlake Fire Dept will supervise the entire test. Coverage will be tested and verified for both talk-in and talk-out directions. Extrapolation of results from tests in one direction to reach conclusions about the other direction will not be acceptable. A failure in either the inbound or outbound direction will constitute a failed test location. A successful test point shall be one that provides delivered audio quality of at least DAQ 3.0 in both the inbound and outbound directions. A failure in either the inbound or the outbound direction at a test location will constitute a failed test location. In the event that the first test call (inbound or outbound) is unsuccessful, the field team will be allowed to move up to 5’ and a retry will be permitted. If the second attempt to communicate fails that test location will be deemed a failure. The following information will be submitted to Westlake Fire Dept at the conclusion of the acceptance testing previously described. Once this document is signed the warranty period shall begin. Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 15 System Acceptance Document Westlake Fire Dept approves and accepts the Public Safety BDA Project as implemented in the new Fire Station at the cornor of Davis Blvd and Dover Rd in its present form. The System Acceptance Test Plan has been successfully completed and Westlake Fire Dept has commenced beneficial use of the system. Westlake Fire Dept Crosspoint Communications Representative Representative Signature Signature __________________________ ________________________ Name (Print) Name (Print) __________________________ ________________________ Position Position __________________________ ________________________ Date Date __________________________ ________________________ Resolution 19-06 Crosspoint Communications Westlake Fire Dept Public Safety BDA Project Crosspoint Communications Confidential and Proprietary 16 System Warranty All manufacturer warranties apply. New equipment provided by Crosspoint features a full one- year parts and labor warranty from the factory. Crosspoint’s on-site warranty service is offered for 90 days after system acceptance. Copies of the manufacture’s warranty are available upon request. Service agreement on equipment can be written to cover all infrastructures on a 24 x 7 basis. If Westlake Fire Dept so chooses after the warranty period has expired, a maintenance agreement could be developed to cover malfunctions, electronic components, and failure. Negligence, abuse and Acts of God are not covered under a service agreement. Crosspoint Communications will provide Service on the equipment with parts support from the factory. Crosspoint’s maintenance during the warranty period is performed between the hours of 8AM and 4:30PM Monday through Friday What the Warranty Does Not Cover • Defects or damage resulting from use of the Product in other than its normal and customary manner. • Defects or damage from misuse, accidents, water, or neglect. • Defects or damage from improper testing, operation, maintenance, installation, alteration, modification, or adjustment. • Breakage or damage to antennas unless caused directly by defects in material workmanship. • Products, which have had the serial number, removed or made illegible. • Freight cost to and from the repair depot. • Scratches or other cosmetic damage to Product surfaces that does not affect the operation of the Product. • A Product subjected to unauthorized Product modifications, disassemblies or repairs. • Normal and customary wear and tear. Resolution 19-06 Crosspoint Communications Inc. Westlake Fire Department Station Alert System Installations Price Proposal City of Westlake 12-5-2018 Fire Department This document serves as DFW Communications Inc.’s response to the proposal request for the installation and implementation of the fire station alert system for the City of Westlake’s new Fire Station and Administration Building. Crosspoint Communications Inc. Statement of Work Westlake Fire Station Alert System Installation Version 2 Station Alert and Voice Radio •Install (1) Station Alert and (1) voice radio and a Day Night Switch ( Monitor switch) in the Report Writing room. •Supply and install an alert interface box and connect to the Alert radio. •Supply and install control cable from the alert base station "Lights" output to the alert light control relay in electrical room. . (Max current at decoder closure 1Amp) ➢ Electrician to supplied high voltage relay for light circuits and control voltage source for relay coil.( 12-48 VDC; No AC control voltage preferred due to noise)  •Supply and install (2) antenna mast onto the South apparatus bay wall above the report writing room. •Supply and install (2) 800Mhz directional antenna onto mast. •Supply and install (2) lightning surge protection devices (polyphaser) inside coaxial cable entrance to building and ground closest ground point or structure steel. •Supply and install (2) 1/4" Superflex coaxial jumper from new antenna to polyphaser and terminate. •Supply and install (2) 1/4" Superflex coaxial jumper from polyphaser to the control station location and terminate. •Install (2) RG142 coaxial jumpers from the 1/4" terminations to the base stations. Exhibit B Resolution 19-06 Crosspoint Communications Inc. Westlake Fire Department Station Alert System Installations Price Proposal EOC Voice Radio • Install (1) Voice radio in the EOC at specified location • Supply and install (1) antenna mast at customer specified location. TBD • Supply and install (1) 800Mhz directional antenna onto mast. • Supply and install (1) lightning surge protection device (polyphaser) inside coaxial cable entrance to building and ground closest ground point or structure steel. • Supply and install (1) 1/4" Superflex coaxial jumper from new antenna to polyphaser and terminate. • Supply and install (1) 1/4" Superflex coaxial jumper from polyphaser to the control station location and terminate. • Install (1) RG142 coaxial jumper from the 1/4" termination to the base station. Fire Station Alert Sound System Installation • Provide and install (2) Bogan C100 amplifiers at customer specified location in Watch Room or Equipment room. • Provide and install (15) ceiling mount speakers with no local volume control in common areas to include the Dayroom, Kitchen, Physical Training Room , Hallways, Dorms. Fire Riser Rm 124, EMS Storage Rm 114, Laundry Rm 110 • Install Moisture resistant speakers in the (3) Rest Rooms. • Provide and install (3) SoundSphere (360 degree) speakers in apparatus bay with volume control at amplifier location. • Provide and install Commercial grade audio cable from the speakers to the amplifier and terminate. • Provide and install one (1) SoundSphere speaker (360 degree) in breezeway 130 (near the back patio) with volume control at amplifier location. • Supply and install audio cable to amplifiers. • Connect four (4) Federal Signal Flashing Model 191XL Red to Station Alerting System; Apparatus Bay 120, Compressor Rm 113, Work Rm 114, and Fitness Rm 109. • Install control cable from Alert module to the Federal Signal flashing lights. • Connect eight (8) recessed canned red lights (solid burn) to station alerting system; Capt. Rm 112, Bed Rooms (105, 106107, 108, 128, 129), and Day Rm 101. Customer Electrician to supply and stall canned lights and single point connection to alert system. Admin Sound System • Provide and install (1) Bogan C60 amplifier at customer specified location. • Install an Audio cable from the Fire Station radio to the amplifier and terminate. • Provide and install (4) ceiling mount speakers with no local volume control in common areas to include the Hallway and Mall. Resolution 19-06 Crosspoint Communications Inc. Westlake Fire Department Station Alert System Installations Price Proposal • Install Moisture resistant speakers in the (2) Rest Rooms. • Provide and install (6) ceiling mount speakers with local wall mount volume controls in the Chief's office, Fire Marshal's office, Conference room and the EOC and Reception/Copy area, • Provide and install Commercial grade audio cable from the speakers to the amplifier and terminate. • Connect one (1) Federal Signal Flashing Model 191XL Red to Station Alerting System; EOC 205. Labor and Parts Description Cost Control Station Installations $ 6,522.63 Fire Station Alert Sound System Installation $ 15,667.68 Admin Sound System $ 8,053.46 System Total $30,243.77 System installation will be performed in accordance with Motorola R56 FNE Standards. Crosspoint Communications to supply all miscellaneous install hardware such as nuts, bolts, etc. Any work that is required to complete this project not described in this statement of work will be considered above the scope of this proposal and subject to re-quotation. If you have any questions you can contact me at (972) or (817) 730-4339, Ext. 1744 Thank You, Steve LePrell Bill Kennedy Projects Department Sr Sales Representative Crosspoint Communications Crosspoint Communications Resolution 19-06 Page 1 of 3 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Consider approval of a Resolution approving change orders in the amount of $216,008 with Core Construction and the use of the Town’s contingency fund budget for the construction of the Westlake Fire-EMS Station No. 1 project and authorize the Town Manager to make funding changes via change order not to exceed $25,000 on this project. STAFF CONTACT: Troy J. Meyer, Facilities Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 30, 2017 Completion Date: February 28, 2019 Funding Amount: $11.9M Status - Funded Source - Bond Issuance Page 2 of 3 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On October 30, 2017 the Town Council approved an agreement with Core Construction for a guaranteed maximum price of $9,657,721 for the construction of the new Westlake Fire-EMS station No. 1. The Town Council approved $184,883 in change orders at the June 18, 2018 Council meeting which included, a wooden trellis, an outdoor gas grill, exterior signs, an electrical gate and fueling station. These alternates were added back into the project which does not have an impact on the GMP. These items will be funded by the savings from final negotiations of the subcontractor agreement with Core Construction. As the project is ending, both Core Construction and the Town are using the budgeted contingency allowances in the project and savings from final negotiations of the contractor agreements with the Town. The following alternates and valued engineered items are recommended to be added back into the project which will not have an impact on the approved GMP. Staff recommends the following change order be added back into the project: • Signage $ 28,277 • Security upgrades 21,915 • Upgrade weather proofing 7,590 • Additional conduit for AV 32,354 • Exterior work on wood beams 10,940 • Additional millwork 6,987 Total $108,063 The following alternates and valued engineered items are recommended to be added back into the project which will not have an impact on the Fire Station-EMS project budget. These items will be funded by using the Town’s contingency allowances in the project and savings from final negotiations of the contractor agreement with the Town. Staff recommends the following change order be added back into the project: • PDU Upgrade $ 20,174 • Mall finishing 10,500 • Cabling 40,600 • BDA system 28,537 • Alert system 8,134 Total $107,945 A detailed budget showing all items added back into the project is attached. Estimated move-in date is February 28, 2019. RECOMMENDATION It is the Staff’s recommendation to approve $216,008 in change orders with Core Construction, use of the Town’s contingency fund budget for this project, and authorizing the Town Manager Page 3 of 3 to make funding changes via change order not to exceed $25,000 for the construction of Westlake Fire-EMS station No. 1. ATTACHMENTS Resolution Exhibit “A”. Resolution 19-07 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-07 A RESOLUTION OF THE TOWN COUNCIL TO AUTHORIZE THE TOWN MANAGER TO APPROVE CHANGE ORDERS IN THE AMOUNT OF $216,008 TO THE WITH CORE CONSTRUCTION AND USE OF THE TOWN’S CONTINGENCY FUND BUDGET FOR THE CONSTRUCTION OF THE WESTLAKE FIRE-EMS STATION NO. 1 PROJECT AND AUTHORIZE THE TOWN MANAGER TO MAKE FUNDING CHANGES VIA CHANGE ORDER NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake will be constructing a new 18,000 square foot Fire - EMS House 1; and, WHEREAS, the Council desires to provide stakeholders with an iconic looking fire station that serves the emergency services needs of the community and meets the community building standards; and, WHEREAS, the valued engineered alternates being added back into the project will not have an impact on the approved GMP agreement with Core Construction; and, WHEREAS, the change orders will be funded by savings from the final negotiations of the contractor agreement and using the contingency allowances from Core Construction and Town budgets; and, WHEREAS, the Town Council finds 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 Westlake Town Council does hereby authorize the Town Manager to approve the change orders in the amount of $216,008 with Core Construction for the construction of the Westlake Fire-EMS Station No. 1 project attached as SECTION 3: That, the Westlake Town Council hereby authorizes the Town Manager and/or his designee to approve change orders to this agreement up to $25,000, in the aggregate, on behalf of the Town of Westlake. Resolution 19-07 Page 2 of 2 SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF JANUARY 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 3 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, January 28, 2019 TOPIC: Conduct a public hearing and consideration of an ordinance approving proposed amendments to Ordinance 865 approving a site plan amendment in the PD1 zoning district to construct additional surface parking lots for Lots 3 and 4, Block 2, Westlake/Southlake Park Addition Number One located at the southwest corner of Solana Blvd. and State Highway 114. STAFF CONTACT: Ron Ruthven, Director of Planning and 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 Time Line - Start Date: January 14, 2019 Completion Date: January 28, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item involves a request by the applicant, Ty Lee, Quadrant Investment Properties, LLC, representing the property owner, HMC Solana, to amend Ordinance 865 to allow 35 additional surface parking spaces that were originally omitted by Ordinance 865. This request was informally presented and discussed by the applicant at the October 15, 2018 Planning and Zoning Commission meeting. Page 2 of 3 HISTORY OF REQUEST On September 17, 2018 the Planning and Zoning Commission voted to recommend approval of a site plan amendment to install additional surface parking spaces in the Plaza at the Solana development. On September 24, 2018, the Town Council voted to approve the site plan amendment subject to the Planning and Zoning Commission’s recommendation that the parking closest to the Marriott Solana hotel not be included as part of the request. Specifically, Section 2(7) of Ordinance 865 states: “The additional parking spaces (35 total) proposed on the southern portion of the central plaza area closest to the Marriott Solana Hotel, labeled as “Prop. Parking brick pavers (35 spaces)” on Sheet C101 of Exhibit B, are hereby omitted from this site plan amendment. Any future constriction of said parking spaces shall require additional approval of a site plan amendment.” As part of the motion to approve with conditions, several Commissioners encouraged the applicant to return at the next Commission meeting with an alternative design. As stated previously, the applicant presented landscaping details to the Commission at the October 15, 2018 meeting. DESCRIPTION OF REQUEST As indicated below, the landscaped island between the proposed parking addition and the Marriott Hotel is proposed to change from three 6 inch caliper Slash Pine trees with grass to five, 6 inch caliper Red Oak trees spaced between four foot paths and surrounded by ornamental grasses and a four foot tall evergreen hedge. Original landscape plan – Ordinance 865 Page 3 of 3 Proposed landscape plan – Ordinance 865 Amendment Also attached is a 3D rendering of the proposed landscaping. PLANNING AND ZONING COMMISSION On January 14, 2019, the Planning and Zoning Commission recommended approval of this item by a vote of (4-0). SUMMARY AND RECOMMENDATION The applicant requests that the 35 parking spaces omitted by Section 2(7) of Ordinance 865 be approved subject to the proposed changes to the landscape island as described above. No other changes are proposed to Ordinance 865 provisions. Staff recommends approval. ATTACHMENTS Location and Area Maps Proposal and Exhibits provided by the applicant Ordinance 865 Proposed Ordinance P D 1—1 Subject ProperƟes “The Plaza” LocaƟon Map T H E T E R R A C E T H E V I S T A Site Map—The Plaza MarrioƩ Solana Boy Scouts Subject ProperƟes Fitness Center Off‐Site Parking Lot Structured Parking Subject Area Subject Area Subject Area Map 2001 Irving Boulevard Suite157 Dallas, Texas 75207 +1.214.954.0016 www.swagroup.com Charles S McDaniel Gerdo P Aquino Thomas Balsley Kinder Baumgardner Natalia Beard René Bihan Shuyi Chang Scott Cooper Ning Deng Marco Esposito Ying-Yu Hung Hui-Li Lee James Lee Margaret Leonard Chih-Wei Lin John Loomis Ye Luo Scott McCready Ross Nadeau Sean O’Malley Timothy Peterson Rhett Rentrop R Joseph Runco Kevin Shanley Elizabeth Shreeve David P Thompson James Vick Andrew Watkins Justin Winters John L Wong Xiao Zheng November 13, 2018 Town of Westlake - Planning and Development 1500 Solana Blvd, Bldg 7, Suite 7200 Westlake, TX 76262 ATTN: Nick Ford, Development Coordinator Cc: Ron Ruthven, Director of Planning and Development RE: Plaza at Solana – Site Plan Submittal Amendment To Whom It May Concern, As a result of the comments provided regarding the current site plan submittal, the following outline provides an abbreviated review of the proposed primary site plan amendments: - The attached exhibit outlines proposed planted median revisions defined by ‘Area A’. - Based on feedback from the Planning and Zoning meetings to buffer view sheds to/from the Marriott auto-court the landscape architect has provided to following: o (5) Red Oak trees at 6” minimum caliper, to match existing tree scale as much as possible. o 4’ minimum height evergreen hedge. o Ornamental grass massing. o Seasonal color. o Pedestrian connections through planted median, hardscape to match hardscape improvements in the main plaza space If you have any questions or comments regarding the proposed conditions please do not hesitate to reach out to me directly. Kind Regards, Zane Busbee, PLA, ASLA Associate swa 2001 Irving Boulevard Suite 157 Dallas, Texas 75207-6603 +1.972.677.2401 direct +1.214.954.0016 office TOWN OF WESTLAKE ORDINANCE NO. 865 AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; APPROVING A SITE PLAN AMENDMENT FOR LOTS 3 AND 4, BLOCK 2, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; 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, on November 16, 1992 the Town Council of the Town of Westlake, Texas approved Ordinance 202 establishing the PD1 zoning district; and WHEREAS, Section 5 of Ordinance 202 states that "any development within PD1 not materially in accordance with the Site Plans [adopted by Ordinance 202] will require the submission and approval of a new comprehensive site plan for such additional or substantially changed development..."; and WHEREAS, Section 5 of Ordinance 202 further states that "any requirement of a concept plan shall be deemed satisfied by the Site Plans.; and WHEREAS, on August 27, 2007, the Town Council of the Town of Westlake, Texas approved Ordinance 529, which amended Ordinance 202 by approving a comprehensive site plan amendment to allow for two additional buildings; and WHEREAS, on March 10, 2008, The Town Council of the Town of Westlake, Texas approved Ordinance 588, which amended Ordinance 202 and approved various amendments to development provisions; and WHEREAS, on January 7, 2013, The Town Council of the Town of Westlake, Texas approved Ordinance 691, which amended Ordinance 202 and approved the partition of PD1 into three separate planning areas known as PD1-1, PD1-2 and PD 1-3; and WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas approved Ordinance 751, which amended Ordinance 202 by approving a comprehensive site plan amendment; and Ordinance 865 Page 1 of 4 WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 767, which amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, on March 28, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 774, which further amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, on August 27, 2018, The Town Council of the Town of Westlake, Texas approved Ordinance 862, which amended Ordinance 202 by repealing Ordinance 529; and WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning district as amended; and WHEREAS, the property owner has an submitted application seeking to amend Ordinance 202 in order to approve a comprehensive site plan amendment to construct additional surface parking on Lots 3 and 4, Block 2, Westlake/Southlake Park Addition Number One; and WHEREAS, following provision of proper legal notice, including written notice to owners within the PD1-1 zoning district and 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 September 24, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on September 17, 2018, 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 comprehensive site plan amendment be approved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct. SECTION 2: That Ordinance 202, as amended, of the Town of Westlake, Texas be amended by approving a comprehensive site plan amendment on Lots 3 and 4, Block 2, Westlake/Southlake Park Addition Number One as depicted on Exhibit A and Exhibit B subject to the following conditions: 1. Variances to Section 98-102(C) and 98-106(C)2 in the Code of Ordinances, as shown in Exhibit B, are hereby approved subject to: a.All Red Oaks, Live Oaks and Pine trees shown on the landscape plan shall be planted with a minimum caliper width of 6 inches as measured a minimum of 4 feet above the surrounding grade. Ordinance 865 Page 2 of 4 b.All protected trees removed shall require mitigation per the requirements of Chapter 98. c.Notwithstanding the above provisions, all landscaping shall, at a minimum, comply with the submitted landscape plan and the Code of Ordinances. 2. Proposed lighting is approved subject to: a) All lighting shall, at a minimum, comply with the outdoor lighting provisions contained in Chapter 102 of the Code of Ordinances. b) Illumination levels for each individual fixture shall not exceed the current average illumination levels of existing outdoor lighting in the development. c) Light temperature shall not exceed 3,000 Kelvin. d) Lighting poles shall not exceed 15 feet in height. e) Lighting fixtures utilized in the central plaza area shall be either the SC1 fixtures as shown on the photometric plan or lit bollards similar to the bollard lights utilized in The Terrace. f) Prior to issuance of the building permit, a final photometric plan shall be submitted demonstrating compliance with these conditions and shall require the final approval of the Town Manager or their designee. 3. All parking lot surfaces shall be composed of brick pavers and shall match the existing pavers in the development. 4. Future driveway construction and access to the easternmost parking lot from the future SH 114 service road shall utilize the shortest possible route such that the least amount of trees are removed. Final alignment and driveway access shall require the final approval of the Town Manager or their designee. 5. Pending final determinations of any encroachments into the 100 year flood plain and/or waters of the United States, prior to the issuance of the building permit, the westernmost parking additions shall require further engineering studies and approvals if required by the Town Engineer. 6. A public art feature shall be placed in the central plaza area as noted on the site plan. The final public art piece shall require the approval of the public art competition committee. 7. The additional parking spaces (35 total) proposed on the southern portion of the central plaza area closest to the Marriott Solana Hotel, labeled as "Prop. Parking brick pavers (35 spaces)" on Sheet C101 of Exhibit B, are hereby omitted from this site plan amendment. Any future constriction of said parking spaces shall require additional approval of a site plan amendment. Ordinance 865 Page 3 of 4 SECTION 3: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 5: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 24th DAY OF SEPTEMBER 2018. ATTEST: Laura heat, Mayor Kell Edw ti s, Town Secretary i'#•.. Thomas E. Brymer, own Manager APPROV' s AS v ORM: gym AI PP Air tanton wn Attorney T-,.. T XA SE Hwy ft0l: izr Ordinance 865 Page 4 of 4 D N U P DNUP SOLANA BLVD R O W VAR IES STATE HIGHWAY 114 ENTRANCE RAMP(R- O- W VARIES)SOLANA BLVD R O W VAR IES SAM SCHOOL D N U P DNUP SOLANA BLVD R O W VAR IES STATE HIGHWAY 114 ENTRANCE RAMP(R- O- W VARIES)SOLANA BLVD R O W VAR IES SAM SCHOOL DNUPDNUPOFFICEBLDG 1EXISTPARKINGOFFICEBLDG 2SOLANA BLVDSTATE HIGHWAY 114 ENTRANCE RAMP3211 Internet BlvdSuite 220Frisco, TX 75034P 214. 619. 0700WGI ® West Lake, Texas1301 Solana Blvd. DRAWING NO. DRAWING TITLEDESCRIPTIONPROJECT MGR. DATEDESIGN ENG. DRAWN OFFICEBLDG 1EXISTPARKINGUPDN223273211 Internet BlvdSuite 220Frisco, TX 75034P 214. 619. 0700WGI ® West Lake, Texas1301 Solana Blvd. DRAWING NO. DRAWING TITLEDESCRIPTIONPROJECT MGR. DATEDESIGN ENG. DRAWN BYThe Drawings are the property of UPDNUPVEHICLEACCESS RAMP9% SLOPE8661410DNUPVEHICLEACCESS RAMP14661010103211 Internet BlvdSuite 220Frisco, TX 75034P 214. 619. 0700WGI ® West Lake, Texas1301 Solana Blvd. DRAWING NO. DRAWING TITLEDESCRIPTIONPROJECT MGR. DATEDESIGN ENG. DRAWN BYThe Drawings are the Ordinance 876 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 876 AN ORDINANCE AMENDING ORDINANCE 865; APPROVING A SITE PLAN AMENDMENT FOR LOTS 3 AND 4, BLOCK 2, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; 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, on November 16, 1992 the Town Council of the Town of Westlake, Texas approved Ordinance 202 establishing the PD1 zoning district; and WHEREAS, Section 5 of Ordinance 202 states that “any development within PD1 not materially in accordance with the Site Plans [adopted by Ordinance 202] will require the submission and approval of a new comprehensive site plan for such additional or substantially changed development…”; and WHEREAS, Section 5 of Ordinance 202 further states that “any requirement of a concept plan shall be deemed satisfied by the Site Plans.; and WHEREAS, on August 27, 2007, the Town Council of the Town of Westlake, Texas approved Ordinance 529, which amended Ordinance 202 by approving a comprehensive site plan amendment to allow for two additional buildings; and WHEREAS, on March 10, 2008, The Town Council of the Town of Westlake, Texas approved Ordinance 588, which amended Ordinance 202 and approved various amendments to development provisions; and WHEREAS, on January 7, 2013, The Town Council of the Town of Westlake, Texas approved Ordinance 691, which amended Ordinance 202 and approved the partition of PD1 into three separate planning areas known as PD1-1, PD1-2 and PD1-3; and WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas approved Ordinance 751, which amended Ordinance 202 by approving a comprehensive site plan amendment; and Ordinance 876 Page 2 of 3 WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 767, which amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, on March 28, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 774, which further amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, on August 27, 2018, The Town Council of the Town of Westlake, Texas approved Ordinance 862, which amended Ordinance 202 by repealing Ordinance 529; and WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning district as amended; and WHEREAS, on September 24, 2018, The Town Council of the Town of Westlake, Texas approved Ordinance 865, which amended Ordinance 202 by approving a site plan amendment to construct additional surface parking on Lots 3 and 4, Block 2, Westlake/Southlake Park Addition Number One; and WHEREAS, the property owner has submitted an application seeking to amend Ordinance 865 in order to add 35, previously omitted, parking spaces to the approved site plan; and WHEREAS, following provision of proper legal notice, including written notice to owners within the PD1-1 zoning district and 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 January 28, 2019, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on January 14, 2019, 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 comprehensive site plan amendment be approved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct. SECTION 2: That Ordinance 865 of the Town of Westlake, Texas be amended by approving 35 additional parking spaces to the approved site plan subject to the following conditions: 1. Section 2(7) of Ordinance 865 is hereby repealed, thereby providing for installation of the parking originally omitted in said section. Ordinance 876 Page 3 of 3 2. Said 35 parking spaces added per this ordinance shall be located and constructed as shown on Exhibits A and B of Ordinance 865. 3. All landscaping to be located in the island between said additional parking approved by this ordinance and the existing drive aisle to the south shall be consistent with Exhibit A. 4. All other provisions of Ordinance 865 shall remain in full force and effect, except where amended herein. SECTION 3: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 5: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 28th DAY OF JANUARY 2019. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 876 Ordinance 876 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: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. 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: - BRE Solana Town Council Item # 6 – Executive Session Town Council Item # 7 – 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: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. 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: - BRE Solana Town Council Item #8 – 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. - None Town Council Item # 9 – Future Agenda Items Town Council Item # 10 – Adjournment Regular Session