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HomeMy WebLinkAboutTC BOT Agenda Packet 3.27.23Town of Westlake 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Town Council/Board of Trustees Agenda Council Chamber4:00 PMMonday, March 27, 2023 *AMENDED AGENDA* The Town Council of the Town of Westlake serves as the governing Board for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. In an effort of transparency, this meeting will be viewable to the public via Live Stream and also available for viewing after the meeting. In an effort of meeting efficiency, any residents wishing to speak on action items must submit a speaker request form to the Town Secretary prior to the start of the meeting. (Speaker request forms are available online) A.WORK SESSION – Call to Order (4:00 P.M.) A.1.Discuss and review first draft of Resolution 23-20 amending the Town of Westlake’s Employee Personnel Manual RES 23-20 B.REGULAR MEETING – Call to Order (5:00 P.M.) C.PLEDGE OF ALLEGIANCE D.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 E.REPORTS: Reports are prepared for informational purposes and will be accepted as presented. (There will be no presentations associated with the report items.) There will be no separate discussion unless a Town Council Member requests that report be removed and considered separately. E.1.Receive a Westlake Academy First Quarter Financial Report23-103 E.2.Receive a report of Westlake Academy PYP Enrollment and Expansion 23-100 Page 1 of 4 1 Town Council/Board of Trustees Agenda March 27, 2023 for 2023 to 2027 E.3.Receive a Quarterly Report from the Texas Student Housing Authority23-101 F.CITIZEN/PARENT COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. Any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. (Best practice is to submit the speaker form prior to the start of the meeting.) If your questions are satisfied, you may choose not to speak. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing.The Town Council and Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council and Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. G.CONSENT AGENDA: All items listed below are considered routine by the Town Council and /or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board 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 . G.1.Consider approval of Town Council Board of Trustee Meeting Minutes from the following meeting(s): February 27, 2023, March 6, 2023 and March 20, 2023; and take appropriate action 23-104 G.2.Consider adopting Ordinance 966 canceling the May 6, 2023 General Election and declaring each unopposed candidate elected to office; and take appropriate action ORD-966 G.3.Consider approving Resolution 23-23 authorizing the purchase of network equipment necessary for the modular buildings at Westlake Academy, in an amount not to exceed $80,000, and amending the adopted FY 22-23 budget to allocate the necessary funding; and take appropriate action RES 23-23 H.PUBLIC HEARING: H.1.Conduct a public hearing and consider adopting Ordinance 964 approving a zoning change request from O-Office Park District to Planned Development District Number 8 (PD8), including a concept plan, to allow for a hotel to be located on the portion of Lot 1, C.M. Throop No. 1510 Addition that is located within the Town of Westlake. The subject property is located at 3300 T.W. King Road at the northwest corner of T.W. King Road and State Highway 114; and take appropriate action (Continued from the March 27, 2023 Town Council meeting) ORD-964 Page 2 of 4 2 Town Council/Board of Trustees Agenda March 27, 2023 H.2.Conduct a public hearing and consider adopting Ordinance 967 approving proposed amendments to Ordinance 693, approving the zoning and concept plan for the PD 1-3 zoning district (Granada), to construct a guard house at the main entry gate; and take appropriate action ORD-967 I.REGULAR AGENDA ITEM(S) I.1.Consider approving WA Resolution 23-08 amending the Proof of Residency Policy for Westlake Academy; and take appropriate action WA RES 23-08 I.2.Consider approving WA Resolution 23-09 amending the Admission Policy 1.02 at Westlake Academy; and take appropriate action WA RES 23-09 I.3.Consider approving Resolution 23-21 authorizing the Mayor to amend the agreement between the Town of Westlake and Steele & Freeman for the guaranteed maximum price (GMP) of $1,087,968.00 to $1,236,844.00 to make improvements to the downstairs public restrooms in the Gym building and authorize town staff to make funding changes not to exceed $25,000.00 on this project; and take appropriate action RES 23-21 J.CLOSED EXECUTIVE SESSION J.1.The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551 for the following: (a) Section 551.071(2): Consultation with Town Attorney to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code . (FM 1938 access for proposed Southlake Development) 23-99 K.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS L.FUTURE AGENDA ITEMS: These items have been discussed by Town Council and scheduled to be placed on future Council Agendas allowing for adequate time for staff preparation on the agenda item . M.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 TEXAS GOVERNMENT CODE. CERTIFICATION Page 3 of 4 3 Town Council/Board of Trustees Agenda March 27, 2023 I certify that the above notice was posted on the bulletin board at Town of Westlake, Town Hall, located at 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. __________________________ Amy M. Piukana, Town Secretary Disabilities Notice: If you plan to attend the meeting and have a disability that requires special needs, please contact the Town Secretary's Office 48 hours in advance at Ph. 817-490-5711 and reasonable accommodations will be made to assist you. Page 4 of 4 4 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:RES 23-20 Agenda Date:3/27/2023 Agenda #:A.1. TOWN STAFF REPORT RECCOMENDATIONS Discuss and review first draft of Resolution 23-20 amending the Town of Westlake’s Employee Personnel Manual STAFF: Sandy Garza, Director of Human Resources BACKGROUND: The Town of Westlake Personnel Manual is a written compilation of the Town’s employee policies,procedures, and benefits.It is a comprehensive document which must be updated annually in response to changing laws, employment trends, as well as internal changes to policies and procedures. DISCUSSION: Staff has reviewed the current policy and provided recommended changes to the Town’s personnel manual. Staff has provided the personnel manual and proposed changes to allow the Town Council to review and provide feedback and direction on amendments.This item is listed as a Work Session review item and will be brought for action at a future Town Council meeting. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends the Town Council review and provide feedback on proposed amendments to the Town of Westlake Personnel Manual. Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™5 Resolution Page 1 of 4 TOWN OF WESTLAKE RESOLUTION 23-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town’s leaders; 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 Westlake Town Council hereby approves the personnel policy amendments and their inclusion into the Town of Westlake Personnel Manual, attached to this resolution as Exhibit “A”. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. 6 Resolution Page 2 of 4 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH, 2023. ___________________________________ ATTEST: Sean Kilbride, Mayor ________________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney 7 Resolution Page 3 of 4 Exhibit “A” - Proposed Personnel Manual Amendments Section # Title Notes 1.01 Nature of Employment Changed "Handbook" to "Personnel Manual" 2.01 ADA Updated 2.03 EEO Replaced 2.03 (previous) Identity Theft Policy Removed 2.04 FLSA Updated 2.05 FMLA Replaced 2.08 Sexual and Other Forms of Illegal Harassment Replaced 4.02 Valid Driver's License Added 4.03 Nepotism Added language to match WA's policy that was recommended by attorney 4.03.03 GINA Added 4.04 Modified Duty Assignments Added 4.06 Outside Employment Added - No looking for a job or working a second job while at work 5.03 Dress Code 5.03.01 Facial Jewelry Moved from section 5.08 5.03.02 Personal Hygiene and Grooming Added 5.03.03 Tattoos Added 5.03.04 Uniforms Added 5.03.05 Concerns Added 5.04.07 Social Media Added 5.05.01 Arrests Updated and moved section 5.06 Weapons Control & Violence Added 5.07 Attendance and Punctuality Added "Excessive absenteeism …." / Notification to HR for absences in excess of 5 days. 5.09 Breaks Added 5.12 Inclement Weather Updated verbiage to read "not physically open to the public" vs. closed. Added expectations of employees working from home. 5.18 (previous) Part-Time Firefighters Removed 5.18.06 Special Duty Eliminate the word "Special" 6.06 Compensatory Time Payment of Comp Time updated. 6.07 Overtime Updated information to reflect 14-day firefighter period; 48/96 work schedule; 6.08 On-Call Pay Added 6.09 Alternate Work Schedule Added 6.1 Pay Increases Removed section and combined with "Pay Increases & Title Changes" 6.11 Certification Pay Added to reflect practice. 7.01 Holidays Defined Personal Leave Day - Fire / EMS to reflect practice. 7.02 Confidentiality of Medical Information Added 7.03 Workers' Compensation Replaced 7.04 Employee Assistance Program Added 8 Resolution Page 4 of 4 7.05 TMRS Section updated - Added Service Credit 7.08 Deferred Compensation (457 Plan) Updated 8.01 Vacation Removed - 6 month waiting Period 8.02 Sick Leave Removed - must work one period before accruing Decreased maximum accrual for Fire Personnel to 720 hours. Intent is to grandfather those employees who have already met previous max hours. 8.04 Bereavement Leave Changed Firefighters are eligible for 1 shift to 1 tour 8.07.01 Jury Duty Updated 8.07.02 Voting Leave Added 9.01 Disciplinary Actions Removed "Verbal Written" Counseling section. 9.03 Employee Complaint and Grievance Policy 2. Changed time from 5 working days for Department Director to have to respond to "a reasonable amount of time to conduct interviews…." Added E., F., G., H. 11.04 12 Reduction In Workforce Safety In the Workplace Add a cap of a 6 week payout. Added Section Glossary Part-Time Definition: 20 hours-40 hours leave is prorated 30+ hours eligible for benefits Added verbiage throughout to reflect this information Changed Department Heads to Directors Formatting throughout. 9 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:23-103 Agenda Date:3/27/2023 Agenda #:E.1. TOWN STAFF REPORT RECCOMENDATIONS Receive a Westlake Academy First Quarter Financial Report STAFF: Marlene Rutledge, Academic Finance Manager BACKGROUND: The 1st Quarter Financial Dashboard for Fiscal Year 2022-2023 is attached for Council review. DISCUSSION: This report reflects the adopted budget and compares the allocated 1st quarter budget to the actual revenues and expenditures, and the resulting variances as of November 30, 2022. For prior year 1st quarter comparison, audited financial information from Fiscal Year 2021-2022 is included. A summary is shown at the bottom of the dashboard indicating the General Fund net revenues over/ (under) expenditures along with the projected ending fund balance for the Adopted Budget and the Actual YTD. The operating days remaining in Fund Balance have been calculated using operating expenditures. The Dashboard Analysis narrative is color coded, corresponding to specific line items on the Financial Dashboard. All “cautionary” and “critical” variances, in addition to any excessive “positive” variances, are described in the narrative and include the percentage and variance corresponding to the financial report. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff encourages Council’s review of the presented Westlake Academy FY23 1st Quarter financial information. TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve 2)Motion to amend with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of Westlake Printed on 5/2/2023Page 1 of 2 powered by Legistar™10 File #:23-103 Agenda Date:3/27/2023 Agenda #:E.1. Town of Westlake Printed on 5/2/2023Page 2 of 2 powered by Legistar™11 WESTLAKE ACADEMY General Fund Quarterly Financial Dashboard Quarter Ended 11/30/22 (1) (2) (3) (4) (5) (6) FY 21/22 FY 22/23 1st Quarter Adopted 1st Quarter 1st Quarter % of over (under)  PY Actual Budget Budget CY Actual Change budget Local Interest Earned 563$                  5,000$               1,250$               6,761$               540.8% 5,511$                81% Local Blacksmith Donations 1,031,309         1,100,000         275,000             1,065,573         387.5% 790,573              Local WAF Salary Reimbursement 19,570               145,978             36,495               36,495               100.0%‐                       Local Other Local Revenue 6,901                 36,100               9,025                 300                    3.3% (8,725)                  Local Athletics 51,936               100,850             25,213               545                    2.2% (24,668)                Local Parking Fees 450                    15,000               3,750                 200                    5.3% (3,550)                  Local Transportation Fees 10,675               10,500               2,625                 75                       2.9% (2,550)                  Local Food/Beverage 4,000                 7,931                 1,983                  ‐                     0.0% (1,983)                 100% Local Town Contribution ‐                     405,234             101,309             101,309             100.0%‐                      1,125,404         1,826,593         456,648             1,211,257         265.2% 754,608              State All State Funding 1,881,973         7,539,619         1,884,905         1,866,462         99.0% (18,443)               State TRS On‐behalf 77,261               522,524             130,631             80,945               62.0% (49,687)               1,959,234         8,062,143         2,015,536         1,947,406         96.6% (68,130)               3,084,637$       9,888,736$       2,472,184$       3,158,663$       127.8%686,479$              FY 21/22 FY 22/23 1st Quarter Adopted 1st Quarter 1st Quarter % of (over)/under PY Actual Budget Budget CY Actual Change budget 11 Instructional 1,383,259$       5,231,405$       1,304,986$       1,457,354$       111.7% (152,368)$          12 Resources & Media 44,431               175,488             47,344               45,528               96.2% 1,816                  13 Curriculum and Staff Dev 24,279               81,200               20,300               2,797                 13.8% 17,503                21 Instructional Leadership 64,907               235,897             64,251               67,635               105.3% (3,385)                 23 School Leadership 367,865             1,349,981         264,612             359,097             135.7% (94,485)               31 Guidance & Counseling 154,014             551,771             135,176             162,777             120.4% (27,601)               33 Health Services 19,966               77,038               1,375                 612                    44.5% 763                     36 CoCurricular Activities 109,209             341,047             97,458               94,302               96.8% 3,156                  41 Administration 153,065             193,950             111,663             166,860             149.4% (55,198)               51 Maintenance & Operations 245,515             967,327             244,375             223,916             91.6% 20,459                52 Security Monitoring 3,261                 28,500               7,125                 14,698               206.3% (7,573)                 53 Data Processing 119,987             283,666             79,057               85,411               108.0% (6,354)                 61 Community Services 40,707               145,978             38,092               43,295               113.7% (5,204)                 71 Debt Service 103,961             225,488             56,372               92,716               164.5% (36,344)               2,834,426$       9,888,736$       2,472,184$       2,816,997$       113.9%(344,813)$                      61xx Payroll & Related 2,055,402$       7,984,794$       2,000,949$       2,198,966$       109.9% (198,017)$          62xx Prof. & Contracted Services 332,873             919,165             229,791             293,668             127.8% (63,877)               63xx Supplies & Materials 151,593             309,500             77,875               129,338             166.1% (51,463)               64xx Other Operating Costs 190,597             449,789             107,197             102,309             95.4% 4,888                  65xx Debt Services 103,961             225,488             56,372               92,716               164.5% (36,344)               2,834,426$       9,888,736$       2,472,184$       2,816,997$       113.9%(344,813)$            FY 21/22 FY 22/23 Adopted Amended Budget Budget 9,564,419$       9,888,736$       9,888,736$       3,158,663$        10,506,388       9,888,736         9,888,736         2,816,997          (941,969)            ‐                      ‐                     341,666              581,716              ‐                      ‐                      ‐                      2,078,833         1,718,580         1,718,580         1,718,580          1,718,580$       1,718,580$       1,718,580$       2,060,246$        113,782             106,943             106,943             26,736                1,604,798$       1,611,637$       1,611,637$       2,033,511$        56                       59                       59                       66                        28,785$             27,092$             27,092$             30,871$                Q1 Actual VARIANCE FY 22/23 ADOPTED VARIANCE Total Revenues and Other Sources Total Local Revenues Total State Revenues REVENUES and OTHER SOURCES General Fund Summary FY 22/23 ADOPTED Total Expenditures and Other Uses EXPENDITURES and OTHER USES Total Expenditures and Other Uses FUNCTION CODES OBJECT CODES FY 22/23 ADOPTED Audited Daily Operating Cost Revenues Expenditures Net Revenues Over (Under) Exp Beginning Fund Balance (Audited) Ending Fund Balance Assigned Fund Balance Ending Fund Balance (Unassigned) # of Operating Days (Unassigned) Other Financing Sources (iPad Lease) Positive  >95% Cautious  75% ‐95% Negative  <75% Revenue Legend Positive  <100% Cautious  101% ‐110% Negative  >111% Expenditure  Legend 12 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ended 11/30/2022 GENERAL FUND 1 REVENUES Revenue Summary $ 1,826,593 Adopted Budget Local Sources $ 8,062,143 Adopted Budget State Sources $ 9,888,736 Total Budget $ 2,472,184 YTD Budget $ 3,158,663 YTD Actual 127.8% YTD Budget $ 686,479 Over/(Under) Budget Interest Earned: 540.8% or $5,511 • Due to the Federal Reserve lowering interest rates to 0.1500% in response to the coronavirus pandemic, revenue from interest earned was budgeted conservatively. As of November 1, 2022, the interest rate at First Financial Bank increased to 2.9836%. A budget amendment will be proposed to increase this revenue line item. Blacksmith Donations: 387.5% or $790,573 • Consistent marketing, communication planning and implementation has led to the successful Blacksmith Annual Campaign for the 2022-2023 school year. Funding graphics with explanations on the importance of donations and how the funds are used resulted in, once again, the record-setting one-time giving in September through the North Texas Giving Day. Westlake Academy Foundation came in 1st with a total of $1,179,147 in donations from 419 donors.1 The 1st quarter total received of $1,065,573 is 97% of the annual budget. Other Local Revenue: 3.3% or ($8,725) • Other Local Revenue includes teacher substitute reimbursements, student technology and printing fees, technology equipment proceeds, and miscellaneous revenue. o Teacher substitute reimbursements are periodically provided by ESC Region 11 upon the completion of instructional training. No reimbursements were received during the 1st quarter. o The majority of the technology use fees are collected in August and September of the school year; however, due to staffing challenges the local revenues received were not posted until 2nd quarter. The 2nd quarter analysis will include a breakdown of revenue received in each quarter. 1 North Texas Giving Day Leaderboard for Schools, September 22, 2022, https://www.northtexasgivingday.org/giving- events/ntx22/leaderboards 13 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ended 11/30/2022 GENERAL FUND 2 Athletics: 2.2% or ($24,668) • The majority of athletic registration fees for Football, Cheer & Dance, Volleyball, and Soccer are collected in August at the beginning of the Fall season, and subsequently reported in 4th quarter. Based on total athletic registrations received in FY22 of $128,217, 38% or $48,116 was received in August 2022. Parking Fees: 5.3% or ($3,550) • Similar to the student fee revenue, the majority of parking fees are collected in August and reported in 4th quarter. This fee is based on the number of student drivers annually and will vary. • 1st quarter revenues received were posted in 2nd quarter, and will be reported in detail at that time. Transportation Fees: 2.9% or ($2,550) • While transportation fees for away athletic tournaments and competitions are included in the cost of the sport’s registration at $25 per athlete, the majority of the fees for the Fall season are collected in August. The expected revenue will even out as the year progresses. • Transportation for instructional field trips is included in the grade-level campus activity accounts and transferred to the Transportation account at the end of each semester. Food/Beverage: 0%) or ($1,983) • The facility usage fee paid by the food contract service provider is generally paid twice per year. For FY 2022-2023, it will be in January and June 2023, at the end of each semester. TRS On-Behalf: 62% or ($49,687) • TRS On-Behalf, a matching revenue and expenditure entry, is recorded during the payroll process. This entry records the amount of state funding paid to the Teacher Retirement System of Texas on behalf of Westlake Academy employees. (No actual cash entry on our books.) • The adopted budget for TRS On-Behalf calculations are estimates only at 7.5% of the employee’s salary. For vacant positions, the calculations are based on a 10-year teacher. When a teacher with less years experience is hired, the actual expenditure for TRS On-Behalf will be less. The revenue and expenditures budgets are adjusted prior to the end of the fiscal year. 14 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ended 11/30/2022 GENERAL FUND 3 EXPENDITURES Expenditure Summary $ 9,888,736 Adopted Budget $ 2,472,184 YTD Budget $ 2,816,997 YTD Actual (113.9%) YTD Budget % $ (344,813) (Over)/Under Budget Expenditures – by Function Fnct 11 - Instruction: 111.7% or ($152,368) • Salaries – over by $106,652 o Additional substitutes were needed to provide additional coverage in the classrooms due to faculty/staff illness or professional development. o While working on the implementation of the HR/Payroll module of eFinancePlus, a PowerSchool product, staff determined that several employees have been miscoded in the current legacy system. An audit of the budgeted payroll positions to review and correct budget allocations is pending. If needed, a budget amendment will be provided. • Supplies & Materials – over by $53,935 o Increased cost in Technology purchases and application subscription renewals is higher in the 1st quarter due to obtaining the resources at the beginning of the school year, and will decrease as the year progresses. o Student registration for AP and IB examinations have been paid for or encumbered. Student payments for the exams are expected to continue during the 2nd and 3rd quarters which will offset the deficit. Fnct 21 - Instructional Leadership: 105.3% or ($3,385) • An audit of the budgeted payroll positions and stipends to review and correct budget allocations is pending. If needed, a budget amendment will be provided. Fnct 23 - Campus Leadership: 135.7% or ($94,485) • An audit of the budgeted payroll positions within function 23 are being evaluated to ensure correct coding was used during the budget process. If needed, a budget amendment will be provided. • Due to the implementation of the student side of PowerSchool, the Academy contracted with JD Dickson Educational Services to assist with PEIMS reporting and training. 15 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ended 11/30/2022 GENERAL FUND 4 • To provide a stronger means of inter-departmental communication and decision-making, the software, ThoughtExchange, was purchased to prompt engaging conversations and to work through organizational improvement. • While both purchases above were not included in the original budget, a budget amendment will be presented to adjust for the overage. Fnct 31 – Guidance & Counseling: 120.4% or ($27,601) • In preparation for increased student reporting and indirect services provided to Special Education students, an additional LSSP and Behavioral Specialist was needed during the 1st quarter. This cost will even out as the year progresses due to decreasing the contracted service down to one clinician in the 2nd quarter. Fnct 41 - Campus Administration: 149.4% or ($55,198) • With the implementation of the HR/Payroll module of eFinance Plus, the original budget provided funds to contract Payroll support services with ESC Region 11 through February 2023. Due to changes in staffing and implementation delays, the “go-live” date has been moved to July 2023, requiring an extension of Payroll services. A budget amendment will be provided to adjust for the overage. • General Administration technology contracts were renewed during the 1st quarter, which includes the time, attendance, and substitute tracking software used by Human Resources, and website hosting services used by Communications. • Property insurance premiums are higher during the 1st quarter as policies are renewed, creating a higher percentage of funds disbursed. This will equalize over the remainder of the fiscal year. Fnct 52 - Security & Monitoring: 206.3% or ($7,573) • To increase security on campus, patio doors and door frames in the PYP buildings were repaired or replaced. In addition, security locks and bullet-proof film was added to windows. A budget amendment will be presented to adjust for the overage. • For future enhancements to security protocols, the Academy is applying for the School Safety Grant through the Texas Education Agency. This grant will provide up to $200K for security fencing and updated window replacements with bullet-proof film. Fnct 53 - Data Processing: 108.0% or ($6,354) • Additional technology supplies were needed at the beginning of the school year for the student I-Pads and staff laptop roll-outs, repairs to student cart computers, and the replacement of hardware and technology accessories for staff and classroom equipment (cables, chargers, projector bulbs, etc.). Fnct 61 - Community Services: 118.6% or ($6,801) • Function 61 for Community Services covers the payroll costs of the Westlake Academy Foundation staff. During the 1st quarter, a salary increase was given, creating an excess in expenditures reported. A budget amendment will be presented to account for this overage. 16 WESTLAKE ACADEMY Analysis of Dashboard for Quarter Ended 11/30/2022 GENERAL FUND 5 Fnct 71 - Debt Service: 164.5$ or ($36,344) • The new student i-Pad lease was effective at the beginning of the school year. In phasing out the old lease, there were units that had not been turned in by students. While the IT Department located these units and prepared for return to the lessor, the Academy was responsible for paying rental fees. All units were accounted for and returned by January 2023. A budget amendment will be presented to adjust for the overage. Expenditures – by Object Code 61XX Payroll & Related Benefits: 109.9% or ($198,017) • To provide additional support to classrooms, 36%, or $34,270, of the adopted substitute budget was used for additional substitutes (see function 11). • After budget adoption, a salary increase was provided in (function 61). • While working through the HR/Payroll modules of eFinancePlus, errors in payroll account distributions were detected. An audit of all budgeted positions is pending so that errors can be corrected prior to going live with the new Payroll system (see functions 11, 21, and 23). 62XX Professional & Contracted Services: 127.8% or ($63,877) • The majority of overage in contract services was attributable to the full or partial payments of annual contracts for Payroll support with ESC Region 11 and property insurance premiums, and for PEIMS support needs during the implementation of the student side of Power School (see functions 11, 23, and 41). • LSSP and Behavioral Specialist costs increased during the 1st quarter due to needing two individual clinicians to support student reporting and compliance monitoring (see function 31). • Over 100% of the budget in Security & Monitoring (function 52) was used during the 1st quarter for the replacement of doors, door frames, and the installation of bullet-proof glass and security locks for both PYP 1 and PYP 2 buildings. 63XX Supplies & Materials: 166.1% or ($51,463) • Costs for technology application subscription renewals and student AP and IB exam registrations were paid in full (function 11). • Inter-department communication software was purchased for use with organizational improvements (see function 41). • Additional technology supplies were purchased in preparation for the new iPad lease and for back-to-school classroom supplies (see function 53). 65XX Debt Service: 164.5% or ($36,344) • (See Function 71). 17 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:23-100 Agenda Date:3/27/2023 Agenda #:E.2. TOWN STAFF REPORT RECCOMENDATIONS Receive a report of Westlake Academy PYP Enrollment and Expansion for 2023 to 2027 STAFF: Rod J. Harding, PYP Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™18 Report of Westlake Academy PYP Enrollment and Expansion 2023-2027 The instructional leadership team (ILT) and the campus management team (CMT) attended summit meetings on February 17/18, 2023, to make decisions on the structure of the Westlake Academy’s organization. The Instructional leadership team comprised the head of school, principals, assistant principals, IB coordinators, counselors, special education, athletic director, WAF executive director and other leaders of departments. The campus management team CMT consisted of the head of school, principals, lead counselor, special needs coordinator, athletic director, WAF executive director, registrar, and IT coordinator. The CMT acts as the decision-making level of curriculum, events, committees, and projects for PYP, MYP and DP, based on input from the ILT. The purpose of this report asks the Board of Trustees to consider approval of the following: ●An increase in enrolment at the PYP level to reduce the attrition rates in the grade 9 and 10 areas of the MYP and ensure the adequate number of student graduates in the IB programme. ●An enrollment expansion that would build to a four-class structure beginning Kindergarten through grade 2, a fourth section each year in grade 3, 4 and 5. A total student enrolment of approximately 496 students compared to 338 in 2022-23. A total increase of 158 students by 2027. ●A commitment to an early childhood facility that would alleviate overcrowding of dining, playgrounds, traffic flow and free up 4 classrooms as a result of the proposed expansion. I have attached two models for the expansion. The first is the layout of the classroom expansion in buildings 1 and 2 from 2023-2024 to 2026-2027 with classroom usage and the facility changes needed over the phased in 4 class entry from kindergarten to grade 5. The second layout provides a gradual phased enrolment increase beginning with kindergarten, grade 1 and 2. Each academic year after that is the phased in fourth section in grade 3, 4, and 5 to enable a planned growth to consider a purpose built off campus 3 to 5-year-old early childhood facility. The new facility would encompass an open central area as a mini gymnasium/dining area, kitchen, restrooms, office space with a combinations of three-year-olds, four-year-olds and five-year-old classes. The number of classes in each section is dependent upon the financial commitment to the early childhood facility. The facility would also have outside play space. The pre-school approach would prepare students over time for the rigorous nature of the IB programme, preparing the early years students with the IB philosophy earlier in their development rather than coming into the 5-year-old classes with no background knowledge of the IB framework. The early childhood facility would accommodate a perceptual motor program to better establish fine and gross motor skills. The proposed early childhood facility would also provide parents with a pre-school option for 3 to 5 year-olds with a quality pre-PYP. Another important factor to consider in a phased-in three-year approach from grade 3 to 5 is a critical classroom shortage beginning in the 2025-2026 SY with no classrooms available for Spanish and in 2026-2027 SY no classroom for Art. Hence the need for art and Spanish to be mobile in these years. Again the PYP leadership stresses the need for the early childhood facility to create four classrooms for Art, Spanish, Special Education, and dyslexia therapy/reading specialist. As part of the ‘One School Together’ approach of a K-12 continuum school the PYP leadership took the initiative to increase the enrolment in the PYP section to offset and improve student withdrawals in sections of the grade 6-10 MYP program. To further support students continuing their education from IB PYP to IB Diploma program the PYP teachers along with the PYP leadership will develop grade level profiles (expectations) in Mathematics, English Language Arts, and Science at each culminating PYP grade section. These expectations will be discussed with parents during and before final enrollment. While these expectation discussions will not 1 19 prevent a parent enrolling at Westlake Academy it will serve to highlight for parents and students what an IB education is like at Westlake Academy. In 2023-2024 SY the expansion plan will also require support for the kindergarten to grade 2 classes with an additional hire of two paraprofessionals to support early learners. A total of four support personnel and the additional hire of three teachers (kindergarten, grades 1 and 2). Each year after 2023-2024 a hire of 3 general education teachers until 2026-2027. There will be challenges as well as opportunities. The following areas have been discussed within the PYP leadership and teachers: Drop off and pick up:There will be 92 additional students in 2023-24 and there is a need to review the traffic flow. There may be the possibility of a neighborhood that would entertain the use of a coach or two mini coaches for drop-off/pick-up and park in an alternative location on campus and reduce approximately 70 students from the carline. Another option would be through the use of the half circle drive area for grade 4 parents, a total of 66 students and thereby alleviating the congestion in the main carline at the front of the PYP. This one option and discussed with the Town of Westlake facilities director and Westlake Fire Marshal. MPH Dining Hall with additional students:This year PYP students have two 30 min dining times. Kinderagrten, grade 4 and 5 and grades 1, 2 and 3. 170 students on average are accommodated at each dining time and the PYP leadership has calculated an average of an additional 40 students for each dining times in 2023-24. As we further refine the plans the PYP leadership will provide the Board of Trustees with regular updates. If we begin the phased approach in 2023-2024 it will necessitate a full commitment from the Board of Trustees to support a facility development of a early years center (3-5 yo) if the four-class entry is to become a reality and create the optimal learning environment for students. Rod J Harding for the PYP leadership 2 20 PYP PHASED FCILITY EXPANSION 2023-2027 Key Colors:2023-24 2024-25 2025-26 2026-27 PYP Building 2 Pod E Pod F Art 200 Grade 5 Special Education 202 STEM Lab 204 Mini Commons Spanish 206 Grade 4 Grade 4 208 Music 210 Grade 5 201 Grade 5 203 Grade 5 205 PYP Office and Conference Room Grade 4 207 Grade 4 209 PYP Building 1 Pod D Pod C Pod B Grade 3 104 Grade 3 106 Special Educ. 108 Grade 3 Mini Commons Grade 2 122 Grade 2 124 Grade 1 126 Library Main Commons Kindergarten 174 Kindergarten 177 Grade 3 103 Grade 2 105 Grade 2 107 Grade 1 121 Grade 1 123 Grade 1 125 Kindergarten 172 Kindergarten 175 Arts & Sci B. Diag Sped Coord 3 21 PYP PHASED PLAN 2023-2027 FOUR CLASSES/GRADE AREA Grade Level Kindergarten Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Total Enrolment/ Hiring Enrolment as of 3/10/23 48 53 55 56 63 63 338 Phase 1 (New Students) 2023-2024 total-72 (+72) 18 per class total-80 (48+32) 20 per class 4 classes 1 Teacher total-80 (53+27) 20 per class 4 classes 1 Teacher total-66 (55+11) 22 per class total-66 (56 +10) 22 per class total-66 (63 +3) per class 430 3 teachers + 2 ParasHiring 4 classes 1 Teacher Phase 2 (New Students) 2024-2025 total-72 (+72) 18 per class 4 classes total-80 (72+8) 18 per class 4 classes total-80 18 per class 4 classes total-88 (80 +8) 22 per class 4 classes 1 Teacher total-66 (+0) 22 per class 3 classes total-66 (+0) 22 per class 3 classes 452 1 TeacherHiring Phase 3 (New Students) 2025-2026 Hiring total-72 (+72) 18 per class 4 classes total-80 (72+8) 20 per class 4 classes total-80 (+0) 18 per class 4 classes total-88 (80+8) 22 per class 4 classes total-88 (+0) 22 per class 4 classes 1 Teacher total-66 (+0) 22 per class 3 classes 474 1 Teacher Phase 4 (New Students) 2026-2027 Hiring total- 72 (+72) 18 per class 4 classes total- 80 (72+8) 20 per class 4 classes total-80 20 per class 4 classes total-88 (80+8) 22 per class 4 classes total-88 (80+8) 22 per class 4 classes total-88 (+0) 22 per class 4 classes 1 Teacher 496 1 Teacher Students in Class 18 20 20 22 22 22 496 4 22 5 23 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:23-101 Agenda Date:3/27/2023 Agenda #:E.3. TOWN STAFF REPORT RECCOMENDATIONS Receive a Quarterly Report from the Texas Student Housing Authority STAFF: Amy M. Piukana, Town Secretary/Tracy Harrow Executive Director TSHA BACKGROUND: Executive Director Tracy Harrow with Texas Student Housing Authority will be available to provide a report and/or presentation on quarterly updates. Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™24 0 Texas  Student Housing Authority Quarterly Update 25 1 History •TSHA was chartered in 1995 under Chapter 53 of the Higher Education Act for the purpose of acquiring student housing facilities. TSHA in the beginning acquired three student housing facilities in College Station with tax exempt bonds that do not obligate the Town of Westlake. Subsequently, those properties were relinquished and TSHA constructed Cambridge Hall in College Station (Texas A&M). Later TSHA acquired facilities in San Marcos (Texas State University), Denton (University of North Texas), Wichita Falls (Midwestern State University), and Austin (University of Texas). In 2003, Chapter 53 was amended in such a way that THSA could not thereafter acquire additional properties in the future (except in Westlake). TSHA currently owns Cambridge Hall in College Station and The Ridge of North Texas in Denton. Contributions to Westlake Academy •To date TSHA has contributed $950,000 to Westlake Academy Scholarships Awarded since 2015 to Westlake Academy Students •116 Scholarships valued at $783,380 Scholarships •Incremental housing scholarships are $2,500/year and generally awarded for up to 4 years. •Full housing scholarships (Westlake) vary from around $6,000 to $9,000 per year depending on which property is selected by the student and can be awarded up to 4 years either at Cambridge Hall in College Station or The Ridge in North Texas in Denton. •Since 1995, TSHA has awarded over 3,000 housing scholarships to Texas High School graduates. Overview 26 2 2023-2024 Scholarships Awarded and Value Scholarships Awarded Scholarship Value Cambridge Hall 20 $95,470 The Ridge at North Texas 12 $30,000 Total 32 $125,470 27 3 Board members Scott Bradley Katie Kolkmeier James Krekow Paula Petersen Mark Harrow Richard Mueller 28 4 Cambridge Hall at College Station The Cambridge at College Station •Consists of 198 Units/530 Beds •Undergoing complete renovations, 99 units are completed, with the remaining 99 Units currently under construction and due for completion this summer. 29 5 30 6 Cambridge Hall at College Station The Ridge at North Texas •Consists of 288 Units/876 Bed •TxDot has exercised eminent domain on two parcels of land affecting the parking along the I- 35 corridor. Funds will be used to assist in renovations. •The bondholder is currently exploring refinancing of the senior debt to renovate the property. 31 7 32 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:23-104 Agenda Date:3/27/2023 Agenda #:G.1. TOWN STAFF REPORT RECCOMENDATIONS Consider approval of Town Council Board of Trustee Meeting Minutes from the following meeting(s): February 27, 2023, March 6, 2023 and March 20, 2023; and take appropriate action STAFF: Amy M. Piukana, TRMC, Town Secretary BACKGROUND: The Town Council will review and approve the following meeting minutes: ·February 27, 2023 ·March 6, 2023 ·March 20, 2023 Once approved, all meeting minutes will be executed and uploaded to the Town of Westlake website for transparency and Laserfiche software for state retention compliance. TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve minutes, as presented. 2)Motion to amend the minutes with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™33 Town of Westlake 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Town Council/Board of Trustees Meeting Minutes 4:00 PM Council ChamberMonday, February 27, 2023 Present:Mayor Sean Kilbride, Mayor Pro Tem David Quint, Council Member Kim Greaves, Council Member Tim Shiner, and Council Member Anna White Absent:Council Member Chandrika Dasgupta A.CALL TO ORDER Mayor Kilbride called the meeting to order at 4 p.m. and announced Town Council would recess into closed executive session at 4:02 p.m. CLOSED EXECUTIVE SESSION (4:00 P.M.) A.1.The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a) Section 551.074(a)(1): Deliberation Regarding Personnel Matters To deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: (Town Manager) (Finance Director) and; b) Section 551.072: Deliberation regarding the Purchase, Exchange, Lease or Value of Real Property located: north of Solana Boulevard, south and west of Highway 114, and east of Davis Boulevard c) Section 551.071(2): Consultation with Attorney to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code: FM 1938 access for proposed Southlake development; and d) Section 551.071(2): Consultation with Attorney to seek advice of counsel regarding Resolution 23-19 regarding Brodie Modular Building agreement e) Section 551.071(2): Consultation with Attorney to seek advice of counsel regarding Trophy Club Municipal Utility Districts f) Section 551.071(2): Consultation with Town Attorney to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code (Appeal of student discipline matter); b) Section 551.082 (a)(1): Deliberation regarding student discipline (Student discipline appeal); and Section 551.0821(a): Deliberation involving personally-identifiable student information (Student Discipline Appeal) 23-75 Page 1 of 5 34 Town Council/Board of Trustees Meeting Minutes February 27, 2023 Mayor Kilbride adjourned closed session at 6 p.m. B.REGULAR MEETING – Call to Order (7:00 P.M.) Mayor Kilbride called the regular meeting to order at 7 p.m. C.PLEDGE OF ALLEGIANCE The Pledge of Allegiance and Pledge to the Texas Flag was led by Mayor Kilbride. D.CITIZEN/PARENT COMMENTS: Joseph, Kristen, Isabella spoke in support of the zoning change for the family home on Lot 1, of approximately 15 acres being considered by Town Council. E.ITEMS OF COMMUNITY INTEREST: E.1.Receive a report on items of community interest23-83 Director of Communications Jon Sasser provided a report on items of community interest. F.CONSENT AGENDA: F.1.Consider approval of Town Council Board of Trustee Meeting Minutes from the following meeting(s): February 15, 2023; and take appropriate action 23-76 F.2.Consider approving Westlake Academy Academic Year Calendar for the year 2023-2024 school year, and take appropriate action 23-06 F.3.Consider approving Resolution 23-14 creating Planning and Zoning Commission bylaws; and take appropriate action RES 23-14 F.4.Consider approving Resolution 23-15 rejecting a bid from Hoque Global Properties, LLC to purchase Town owned property located at 34 Cortes Drive in the Town of Westlake; and take appropriate action RES 23-15 F.5.Consider approving Resolution 23-04 accepting a generous grant to be used exclusively for the Construction Manager at Risk agreement services provide by Steele & Freeman for the Phase III remodeling of the gym facilities located at 2600 J.T. Ottinger Road; and take appropriate action RES 23-04 F.6.Consider approving Resolution 23-16 authorizing the signers of the Town of Westlake and Westlake Academy Depository Accounts with First Financial Bank; and take appropriate action RES 23-16 F.7.Consider approving Resolution 23-17 authorizing the signers of the Town of Westlake, Texas amending the authorized signers on the Town of Westlake Insurance Trust Account with First Financial Bank and appointing Trustees for the Town of Westlake; and take appropriate action RES 23-17 Page 2 of 5 35 Town Council/Board of Trustees Meeting Minutes February 27, 2023 F.8.Consider approving Resolution 23-18 amending the authorized signers on the Town of Westlake’s PNC account; and take appropriate action RES 23-18 F.9.Consider approving WA Resolution 23-07 to provide a Waiver for Missed School days due to inclement weather from January 2023 to February 3, 2023; and take appropriate action WARES 23-07 Motion made by Mayor Pro Tem Quint to approve Consent items F.1 through F.9, as presented. Motion seconded by Council Member Greaves. Motion approved unanimously. G.PUBLIC HEARING: G.1.Conduct a public hearing and consider approving Resolution 23-12 for a replat for Block J Lot 1, Westlake Entrada Addition; and take appropriate action RES 23-12 Director of Planning Ron Ruthven briefed Town Council regarding this item. Mayor Kilbride opened the hearing. There being no one present that wished to speak, Mayor Kilbride declared the Public Hearing closed. A motion was made by Council Member Greaves to approve Resolution 23-12, as presented. Motion seconded by Council Member White. Motion approved unanimously. G.2.Conduct a public hearing and consider approving Resolution 23-13 for a replat for Block L Lot 1, Westlake Entrada Addition; and take appropriate action RES 23-13 Director of Planning and Development Ron Ruthven briefed Council regarding this item. Mayor Kilbride opened the public hearing. There being no one present that wished to speak, Mayor Kilbride declared the public hearing closed. Mayor Pro Tem Quint made a motion to approve Resolution 23-13, as presented. Motion seconded by Council Member Greaves. Motion approved unanimously. G.3.Conduct a public hearing and consider adopting Ordinance 963 approving a PD Site Plan for an approximately 0.729-acre portion of Planned Development District 3, Planning Area 11 (PD3-11), established by Ordinance 593. The PD Site Plan is for Dutch Brothers Coffee to be located along the west side of US Highway 377 north of State Highway 170; and take appropriate action ORD-963 Director of Planning Ron Ruthven briefed Town Council regarding this item. Page 3 of 5 36 Town Council/Board of Trustees Meeting Minutes February 27, 2023 Mayor Kilbride opened the public hearing. There being no one present that wished to speak, Mayor Kilbride declared the public hearing closed. Mayor Pro Tem Quint made a motion to adopt Ordinance 963, as presented. Motion seconded by Council Member Shiner. Motion approved unanimously. G.4.Conduct a public hearing and consider adopting Ordinance 964 approving a zoning change request from O-Office Park District to Planned Development District Number 8 (PD8), including a concept plan, to allow for a hotel to be located on the portion of Lot 1, C.M. Throop No. 1510 Addition that is located within the Town of Westlake. The subject property is located at 3300 T.W. King Road at the northwest corner of T.W. King Road and State Highway 114; and take appropriate action (Continued from the February 27, 2023 Town Council meeting) ORD-964 Mayor Kilbride noted the applicant has requested to table this item to the March 27, 2023 Town Council meeting. Council Member Greaves made a motion to table Ordinance 964 to the March 27, 2023 Town Council meeting. Motion seconded by Mayor Pro Tem Greaves. Motion approved unanimously. G.5.Conduct a public hearing and consider adopting Ordinance 965 approving a zoning change request from the R-5 Country Residential district to Planned Development District Number 9 (PD9) for 37.514 acres of land located at the southwest corner of Pearson Lane and Dove Road, to include primarily single-family residential uses, including a request for approval of a concept and development plan, and a Specific Use Permit for private streets; and take appropriate action ORD-965 Director of Planning Ron Ruthven briefed Town Council regarding this item. Applicant Esen Maykus Hat Creek Development and Curtis Young with San Group was present to answer questions. After discussion, Mayor Kilbride opened the public hearing. The following members in the audience spoke: Ariana Billington spoke expressing her concerns regarding traffic and congestion. Marcus Novacheck spoke regarding his concerns with traffic and the zoning change use. Craig Huggins completed an online speaker card in favor but did not wish to speak. Mayor Kilbride closed the public hearing. After discussion, a motion was made by Mayor Pro Tem Quint to adopt Ordinance 965, as presented. Motion seconded by Council Member Shiner. Motion approved unanimously. Page 4 of 5 37 Town Council/Board of Trustees Meeting Minutes February 27, 2023 H.REGULAR AGENDA ITEM(S) H.1.Receive a Year-End Police Report from the Keller Police Department23-77 Keller Police Chief Brad Fortune provided an annual Year End Report from 2022 for police services provided by the Keller Police Department to the Town of Westlake. H.2.Consider approving Resolution 23-19 authorizing the mayor to finalize and execute an agreement with Brodie Modular to replace the six current modular buildings with two modular buildings to be located on the Westlake Academy campus for an amount not to exceed $3,500,000; and authorize town staff to make funding changes not to exceed $25,000 on this project; and take appropriate action RES 23-19 Mayor Kilbride briefed Town Council regarding this item. Council Member Greaves made a motion to approve Resolution 23-19, as presented. Motion seconded by Council Member White. Motion approved unanimously. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS No action. J.COUNCIL RECAP/STAFF DIRECTION None provided. K.FUTURE AGENDA ITEMS: Council Member Greaves requested a future agenda item to discuss the Foundation. Council Member White seconded. Mayor Kilbride recommended adding this item to the April Town Council meeting. L. Page 5 of 5 I. Signed: Mayor Sean Kilbride Attested by: Amy M. Piukana, Town Secretary ADJOURNMENT There being no further business to discuss, Mayor Kilbride declared the meeting adjourned at 8:27 p.m. 38 Town of Westlake 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Town Council/Board of Trustees Meeting Minutes 4:00 PM Council ChamberMonday, March 6, 2023 Present:Mayor Sean Kilbride, Mayor Pro Tem David Quint, Council Member Chandrika Dasgupta, Council Member Kim Greaves, Council Member Tim Shiner, and Council Member Anna White A.CALL TO ORDER With a quorum present, Mayor Kilbride called the meeting to order at 4:00 p.m. B.CLOSED EXECUTIVE SESSION (4:00 P.M.) Mayor Kilbride announced the Town Council would recess into closed executive session at 4:01 p.m. B.1.The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a) Section 551.074(a)(1): Deliberation Regarding Personnel Matters To deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: (Town Manager) 23-86 The Town Council recessed from closed executive session at 4:32 p.m. C.ADJOURNMENT There being no further business, Mayor Kilbride adjourned the meeting at 4:33 p.m. Signed by: Mayor Sean Kilbride Attested by: Amy M. Piukana, Town Secretary Page 1 of 2 39 Town of Westlake 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 Town Council/Board of Trustees Meeting Minutes 4:00 PM Council ChamberMonday, March 20, 2023 Special Called Meeting Present:Mayor Sean Kilbride, Mayor Pro Tem David Quint, Council Member Chandrika Dasgupta, Council Member Kim Greaves, Council Member Tim Shiner, and Council Member Anna White A.CALL TO ORDER (4:00 P.M.) Mayor Kilbride called the meeting to order at 4:01 p.m. A.1.RES 23-22 Consider approving Resolution 23-22 authorizing the signers of the Town of Westlake and Westlake Academy Depository Accounts with First Financial Bank; and take appropriate action Mayor Kilbride briefed the Town Council regarding changes to the bank signers. Motion made by Council Member Greaves to approve Resolution 23-22, as presented. Motion seconded by Council Member Shiner. Motion approved unanimously. (Council Member White not in attendance for vote) B.CLOSED EXECUTIVE SESSION B.1.23-102 The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a) Section 551.074(a)(1): Deliberation Regarding Personnel Matters To deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: (Town Manager) Mayor Kilbride recessed into closed executive session at 4:01 p.m. and reconvened into open session at 4:12 p.m. C.TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS Page 1 of 2 40 Town Council/Board of Trustees Meeting Minutes March 20, 2023 As a result of closed session, a motion was made by Council Member White to hire Wade Carroll as Town Manager and authorize the mayor to execute an agreement for professional services and employment as Town Manager. Motion seconded by Mayor Pro Tem Quint. Motion approved unanimously. D.ADJOURNMENT Mayor Kilbride adjourned the meeting at 4:14 p.m. Signed by: Sean C. Kilbride, Mayor Attested by: Amy M. Piukana, Town Secretary Page 2 of 2 41 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:ORD-966 Agenda Date:3/27/2023 Agenda #:G.2. TOWN STAFF REPORT RECCOMENDATIONS Consider adopting Ordinance 966 canceling the May 6, 2023 General Election and declaring each unopposed candidate elected to office; and take appropriate action STAFF: Amy M. Piukana, Town Secretary BACKGROUND: The General Election for expiring terms is scheduled for May 6,2023,for the election of three (3)Council Members for two (2)year terms.As of the filing deadline on February 17,2022,there were no opposed candidates or propositions to appear on the ballot.In addition,there were no write-in candidates as of the February 21,2023,deadline.Pursuant to the Texas Election Code,the Town may cancel the May General Election. The following steps must occur: ·The Town Council must accept the certification of unopposed candidates ·The Town Council must approve the Ordinance cancelling the election. ·The Town Council declares the unopposed candidates elected. The candidates who have been declared “elected”at the meeting ordering the cancellation,must wait until after the official election day (May 6,2023)and no earlier than the canvass period.The certificates of election,oath and statements will be provided at the May 15, 2023, Town Council Board of Trustees meeting. STAFF RECOMMENDATION: Staff recommends adopting Ordinance 966 canceling the May 6, 2023, General Election and declare each unopposed candidate elected to office. TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve Ordinance 966 2)Motion to amend Ordinance 966, with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™42 Ordinance 907 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 966 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS CANCELING THE MAY 6, 2023, GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, is a General Law municipality located in Tarrant and Denton Counties, created in accordance with the provisions of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, in accordance with law a general election has been ordered for May 6, 2023, for the purpose of electing three (3) Council Members to serve two (2) year terms on the Town Council in the Town of Westlake; and WHEREAS, no proposition is to appear on the ballot; and WHEREAS, the Town Secretary has certified in writing that each candidate on the ballot is unopposed for election to office and delivered this certification to the Town Council on March 27, 2023; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, in these circumstances Chapter 2, Subchapter C of the Texas Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: The following candidates, who are unopposed in the May 6, 2023, general election, are hereby declared elected to office, and shall be issued a certificate of election: Anna White Council Member Tim Shiner Council Member Victor Sansone III Council Member SECTION 2: The Town secretary is directed to post a copy of the Order of Cancellation attached as Exhibit “A”, at each designated polling place on May 6, 2023. 43 Ordinance 907 Page 2 of 2 SECTION 3: This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4: It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Town Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5: This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 27 DAY OF MARCH. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 44 45 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:RES 23-23 Agenda Date:3/27/2023 Agenda #:G.3. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-23 authorizing the purchase of network equipment necessary for the modular buildings at Westlake Academy, in an amount not to exceed $80,000, and amending the adopted FY 22 -23 budget to allocate the necessary funding; and take appropriate action STAFF: Jason Power, Director of Information Technology BACKGROUND: The network equipment in the current portable buildings is not sufficient for the needs of the modular buildings that will be in place later this year.IT Staff have worked with a received a quote for network equipment from an authorized technology solutions provider with pricing from the State of Texas Department of Information Resources contracts,which negates the need to go out to bid.IT Staff recommend the purchase of this hardware as soon as possible due to the continuing supply chain issues which could delay the receipt of the equipment by at least three months and delay the use of the modular buildings. FISCAL IMPACT: Budget Amendment required STAFF RECOMMENDATION: Staff recommends the Town Council approve Resolution 2023-23, as presented. TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve Resolution 2023-23, as presented. 2)Motion to amend Resolution 2023-23, with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™46 Resolution 23-23 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 2023-23 RESOLUTION AUTHORIZING THE PURCHASE OF NETWORK EQUIPMENT NEEDED FOR THE MODULAR BUILDINGS AT WESTLAKE ACADEMY, NOT TO EXCEED $80,000, AND AMENDING THE ADOPTED BUDGET TO ALLOCATE THE NECESSARY FUNDING. WHEREAS, the Town Council finds that there are immediate needs for network equipment for the modular buildings at Westlake Academy; and WHEREAS, the Town Council finds that funding for the network equipment is necessary; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves an amendment to the FY 22-23 adopted budget for an additional $80,000 to allocate funding for the network equipment. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27TH DAY OF MARCH, 2023. 47 Resolution 23-23 Page 2 of 2 ATTEST: ____________________________ Sean Kilbride, Mayor _______________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: _____________________________ L. Stanton Lowry, Town Attorney 48 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:ORD-964 Agenda Date:4/24/2023 Agenda #:H.1. TOWN STAFF REPORT RECCOMENDATIONS Conduct a public hearing and consider adopting Ordinance 964 approving a zoning change request from O- Office Park District to Planned Development District Number 8 (PD8), including a concept plan, to allow for a hotel to be located on the portion of Lot 1, C.M. Throop No. 1510 Addition that is located within the Town of Westlake. The subject property is located at 3300 T.W. King Road at the northwest corner of T.W. King Road and State Highway 114; and take appropriate action (Continued from the March 27, 2023 Town Council meeting) STAFF: Ron Ruthven, Director of Development and Planning Update This item was tabled by the Town Council at the February 27, 2023 meeting at the request of the applicant. Executive Summary (Including Applicable Organizational History) Hitesh Jariwala,Trophy Lodging,LTD,on behalf of property owners Varispace Southlake,LLC,is requesting approval of a zoning change for the property located at 3300 T.W.King Road in order to construct a limited- service hotel on the property with up to 130 rooms. Existing Conditions, History and Site Development Constraints The subject property is currently zoned “O-Office Park”district and currently developed as a parking lot.The lot is currently used as additional parking for the existing office complex located to the east in Southlake,which is part of the larger Solana development and is also owned by Varispace Southlake,LLC.The subject property also contains a sewer lift station that is owned and operated by the Trophy Club Municipal Utility District (TCMUD). The approximate northern one-third of the subject property is located in the town of Trophy Club while the remainder of the property is located in Westlake.The proposed hotel building would be wholly located in Westlake. Access to the State Highway 114 service is restricted by TxDOT leaving the only access to the subject property from T.W. King Road, which is located wholly within the city of Southlake. According to the existing subdivision plat for the subject property,there are several large utility and drainage easements along with building setbacks along T.W.King Road and SH 114 that,currently,serve to limit any redevelopment of the site to only a small building given the constrained building area. Historically,most of the subject property was located in the city of Southlake and was subsequently moved into Westlake’s corporate limits as a result of a legal ruling stemming from litigation between Southlake and Westlake in 1998.The current parking lot and plat were both approved by Southlake given that the subject Town of Westlake Printed on 5/2/2023Page 1 of 7 powered by Legistar™49 File #:ORD-964 Agenda Date:4/24/2023 Agenda #:H.1. property was part of Southlake at the time of initial development in early 1998. In 2015 the existing multi-level parking garage located to the east of the subject property across T.W.King Road was built,negating the need for the parking located on the subject property,after which the property owner (first Blackstone,then Varispace Southlake)began seeking offers from potential developers to purchase the site.With the exception of a temporary use request for the “Journey Dome”on the property in 2022,staff has received little interest concerning the property from developers until the current developer. The following are additional conditions specific to the subject property: Plat status: Platted as Lot 1, C.M. Throop No. 1510 Addition (approved by Southlake in 1998) Lot size: 2.5 acres Existing Parking Lot: 108 parking spaces (approved by Southlake in 1998) Other conditions:Existing TCMUD sanitary sewer lift station (built in the late 1980’s to serve The Solana development). Developer’s Request The developer is requesting a zoning change to “PD-Planned Development District”from “O-Office Park” district for the following reasons: ·A limited-service hotel is not a permitted use in the “O-Office Park” district; ·Deviation from the standard building setback,landscaping,building design and parking requirements required under the “O-Office Park”zoning in order to fit the hotel on the site given the limited area and other issues as noted. ·Flexibility within the zoning approval process to allow for,and accommodate,varied conditions in order to gain approval. In the attached narrative, the developer states: “We are proposing to construct a new hotel,either a Hilton,Marriott or Hyatt Flag.A portion of the site is covered with parking,that was formerly utilized by the existing property owner and the development to the East.The [existing]parking area is no longer needed due to the construction of a large parking garage within its parent property [to the east]. The proposed project will have the following design standards: 1) Maximum number of rooms = 130 2) Maximum building height = 75 feet 3) Estimated Maximum Elevation Above Sea Level = 682 feet 4) Estimated Floor Area = 80,612 sf 5) Estimated Floor Area Ratio = 75% 6) Amenities to include a swimming pool (680 sf +/-), meeting space (520 sf +/-) and hotel offices (393 sf +/-). The project will be developed by Pegasus Hospitality Group.Near the Westlake area,the developer has opened the following hotels: Town of Westlake Printed on 5/2/2023Page 2 of 7 powered by Legistar™50 File #:ORD-964 Agenda Date:4/24/2023 Agenda #:H.1. Homewood Suites by Hilton - Trophy Club Tru By Hilton - Coppell Hilton Garden Inn by Hilton - Denton They are also currently working on developing the following hotels in the Westlake area: Homewood Suites - Coppell - 137 rooms - Construction to commence quarter 3 of 2022 Hilton Garden Inn - Coppell - Construction to commence quarter 1 of 2024” In terms of economic development impacts on the Town, the developer states: “For the Proposed Hotel in Westlake,the developer plans to develop a +/-120 room hotel to be valued at approximately $20,000,000.Based on their analysis/research and underwriting,a stabilized full year is projected to yield the following statistics: 75% Occupancy $165 Average Daily Rate (ADR) $112 Revenue per Available Room (RevPAR) Based on this performance,at an approximate 7.00%occupancy tax/city tax,the expected revenue to be generated for Westlake is approximately $379,500 per year.” The developer states that,upon approval,construction would start between the 3rd quarter of 2024 and the 1st quarter of 2025. Site Development Analysis Redevelopment Feasibility - Existing Site Conditions and Zoning/Regulatory Requirements As noted above,the site,in its current condition,allows for limited redevelopment given the following conditions: ·Existing site utility/drainage easements limiting building area. ·Existing platted building setbacks (50 feet from SH 114; 30 feet from T.W. King Road). ·Existing “O-Office Park”zoning setbacks (100 feet from SH 114;100 feet from T.W.King;75 feet from rear lot line). ·Building height restrictions (maximum 2 story; 35-foot height) ·Existing freeway landscape zone from SH 114 (100 feet from SH 114 ROW). ·Existing roadway landscape zone from T.W. King Road (100 feet from ROW). ·Vehicular access to the site limited to T.W. King Road. ·Unimproved state of T.W. King Road adjacent to the site. ·Existing TCMUD lift station on site (which cannot be relocated). ·Location of northern one-third of the site in Trophy Club. Town of Westlake Printed on 5/2/2023Page 3 of 7 powered by Legistar™51 File #:ORD-964 Agenda Date:4/24/2023 Agenda #:H.1. The existing site zoning, “O-Office Park”, allows for the following principal permitted commercial uses: ·General Office ·Studio (undefined) ·Bank ·Information Processing ·Laundry/Dry Cleaning ·Personal Services ·Commercial Recreation (undefined) Taking into consideration the zoning uses noted above,the Town’s minimum development requirements including setbacks/landscaping requirements,and the existing site conditions,based on a preliminary staff analysis,assuming no development waivers were granted,the maximum building size that could be built on the site is approximately 7,000 square feet containing one or more of the above listed land uses. The following is an analysis of the proposed site plan in terms of compliance with applicable Town ordinances, the Comprehensive Plan, and staff’s review of the request: Traffic Impact and Access As part of their request,the developer submitted traffic impact analysis (TIA)for review.Based on the results of the analysis,which utilized industry accepted trip generation methodology from the Institute of Transportation Engineers (ITE)Trip Generation Manual,based on a 120-room hotel,the proposed hotel would generate 959 trips per day (or 1,039 trips per day for 130 rooms). Access to the site would be solely from T.W.King Road with no access to SH 114.The developer has submitted plans and the TIA to the city of Southlake for review given the location of the road in Southlake and has not yet received approval.Access to T.W.King Road from the site will require final approval by the city of Southlake. Building Design The developer provided preliminary building elevations with their application.The elevations show a six-story building composed of a combination of EIFS,metal and resin panels.The proposed height of the building is 75 feet with maximum height above mean sea level of 682 feet. There are no building design requirements specific to the “O-Office Park”zoning.However,there are minimum building articulation requirements for non-residential buildings contained in the Town’s zoning regulations as follows: a.Horizontal articulation:No building wall shall extend for a distance equal to two times the wall's height without having an offset of 15 percent of the wall's height,and that new plane shall extend for a distance equal to at least 25 percent of the maximum length of the first plane. b.Vertical articulation:No horizontal wall shall extend for a distance greater than two times the height of the wall without changing height by a minimum of 15 percent of the wall's height. The Westlake Building Quality Manual recommends masonry,metal and glass as a primary cladding material Town of Westlake Printed on 5/2/2023Page 4 of 7 powered by Legistar™52 File #:ORD-964 Agenda Date:4/24/2023 Agenda #:H.1. for commercial buildings. EIFS is not an approved material. Setbacks The proposed hotel building would be setback according to the platted setbacks of 30 feet from T.W.King Road and 50 feet from SH 114. The “O-Office Park” zoning requires 100 feet from both roadways. Parking According to the parking regulations in the Code of Ordinances,a minimum of 130 parking spaces are required for the proposed use based on the total number of hotel rooms.The developer proposes 117 spaces given site constraints. Landscaping, Screening, Buffering and Open Space Although landscaping will be provided,among other deviations,the developer proposes that the 100-foot roadway landscape buffers along SH 114 and T.W.King be reduced per the concept plan.The developer also proposes that the parking lot landscaping requirement of a minimum 60 square feet of landscaping per each parking space be reduced given site constraints. The “O-Office Park”zoning requires a minimum of 20%open space on site.Per the proposal,open space would be confined to site landscaped areas and would be minimal. Outdoor Lighting Outdoor lighting is proposed to meet Town code requirements. Signage No signage proposals have been submitted to date and will depend on the final hotel flag. Interjurisdictional approval required The town of Trophy Club,city of Southlake and the TCMUD were all sent copies of the request and all of these entities participated in the development review process along with Town staff.Although some comments have been addressed,many comments remain unaddressed given the additional level of detail needed in order to gain final approval, which will be required before construction may start. Comprehensive Plan Compliance The 2015 Comprehensive Plan does not address the subject property. Staff Recommendations and Summary There are limited options for redevelopment of the site given the factors noted herein.In order to maximize the redevelopment potential of the site,staff agrees that rezoning the property to “PD”from “O”is a viable option. However,there are several steps that must be taken to reach a point where a building permit may be issued including: ·Final approval from Trophy Club and Southlake; ·Addressing comments from the TCMUD concerning the lift station; ·Additional details regarding the building, site and hotel itself. Therefore,staff recommends approval subject to the following conditions,which are contained in the proposed ordinance: Town of Westlake Printed on 5/2/2023Page 5 of 7 powered by Legistar™53 File #:ORD-964 Agenda Date:4/24/2023 Agenda #:H.1. Approving Ordinance Conditions (Ordinance 964): A.The purpose of the PD8 district is the development of a hotel.Any principal use other than a hotel is hereby prohibited.Approved accessory uses shall include a fitness center,conferencing facility, swimming pool,spa,restaurant,general retail sales typical with a hotel and the sale of alcoholic beverages for on-premises consumption. B.Development of the site shall be generally consistent with the concept plan,attached as Exhibit “B”, and the development description, attached as Exhibit “C”. C.The hotel building shall be generally consistent with the concept building elevations,attached as Exhibit “D”. D.A site plan,meeting the requirements for PD site plans in the Code of Ordinances,shall be submitted for final consideration.No building permit may be issued without an approved site plan.The site plan shall be considered as an amendment to this ordinance; E.Prior to the final consideration of the site plan,any required extra-jurisdictional approvals pertinent to the subject property including,but not limited to,zoning,roadway and utility access shall be obtained and provided directly from the pertinent entity to the Town. F.Given the redevelopment of the site,approval and recording of a replat of the subject property is hereby required prior to the issuance of a building permit; G.A situs development agreement between the developer and the town shall require approval prior to the issuance of the building permit. H.It is hereby acknowledged that certain waivers to Town ordinances are required in order to reasonably develop the site as depicted on the concept plan.However,final approval of any development waivers, including any modifications or additions to the conditions contained herein,shall be at the discretion of the Town Council upon the recommendation of the Planning and Zoning Commission as part of the approval of the required site plan. COUNCIL ACTION/OPTIONS ·Approve the proposed Ordinance; ·Approve the Ordinance with conditions/modifications; ·Deny the proposed Ordinance; ·Table the item(s). PLANNING AND ZONING RECOMMENDATION The Planning and Zoning considered this item on February 13, 2023. The Commission voted to recommend approval of the item subject to staff’s recommendations by a (4-0) vote. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $0.00 Funding Source: N/A Town of Westlake Printed on 5/2/2023Page 6 of 7 powered by Legistar™54 File #:ORD-964 Agenda Date:4/24/2023 Agenda #:H.1. Contract:No Forms:N/A Attachments 1.Location Map 2.Existing site conditions and plat 3.Information provided by developer 4.Ordinance 964 Town of Westlake Printed on 5/2/2023Page 7 of 7 powered by Legistar™55 Subject Property TW K i n g T o w n o f W e s t l a k e C I t y o f S o u t h l a k e T o w n o f T r o p h y C l u b 56 1998 Site Plan—city of Southlake SH 114 57 1998 Plat—city of Southlake 58 Project Narrative Proposed Hotel – Highway 114 and T.W. King Road Project Information The proposed site is approximately 2.473 acres in size and is located at the northwest corner of the intersection of State Highway 114 and T.W. King Road, within the Town limits of Westlake, TX. The property is currently platted as Lot 1, of the CM Throop No. 1510 Addition. A portion of the site is covered with parking, that was formerly utilized by the existing property owner and the development to the East. This parking area is no longer needed due to the construction of a large parking garage within its parent property. We are proposing to construct a new hotel, either a Hilton, Marriott or Hyatt Flag. The proposed project will have the following design standards: 1) Maximum number of rooms = 130 2) Maximum building height = 75 feet 3) Estimated Maximum Elevation Above Sea Level = 682 feet 4) Estimated Floor Area = 80,612 sf 5) Estimated Floor Area Ratio = 75% 6) Parking ratio provided= 1 parking space per room up to 117 rooms. 117 parking space max. 7) Amenities to include a swimming pool (680 sf +/-), meeting space (520 sf +/-) and hotel offices (393 sf +/-). 8) Plan on using Trophy Club Municipal Utility District for water and sewer services. 9) Landscape setbacks as follows: · Front Setback (T.W. King) = 5’ · Front Setback (TX – 114) = 5’ · Side Setback = 10’ 10) Building setbacks as follows: · Front Setback (T.W. King) = 30’ · Front Setback (TX – 114) = 50’ · Side Setback = 30’ Developer Information The project will be developed by Pegasus Hospitality Group. The Developer has been in the hotel business since 2004. They have expertise in developing, constructing, and operating trendsetting hotels. Once their hotels open, they become leaders in their competitive sets. As operators, they thrive to provide their guests the best service, comfort, and experience they can find. They have exceptional guest satisfaction scores. Near the Westlake area, the developer has opened the following hotels: Homewood Suites by Hilton – Trophy Club Tru By Hilton – Coppell 59 Hilton Garden Inn by Hilton – Denton They are also currently working on developing the following hotels in the Westlake area: Homewood Suites – Coppell – 137 rooms – Construction to commence quarter 3 of 2022 Hilton Garden Inn – Coppell – Construction to commence quarter 1 of 2024 The Developer’s Homewood Suites in Trophy Club won an award for being ranked in the top 5% out of all Homewood Suites hotels in the system. Their Tru hotel in Coppell is ranked within the top 15 out of all Tru hotels in the system. Economic Information For the Proposed Hotel in Westlake, the developer plans to develop a +/- 120 room hotel to be valued at approximately $20,000,000. Based on their analysis/research and underwriting, a stabilized full year is projected to yield the following statistics: 75% Occupancy $165 Average Daily Rate (ADR) $112 Revenue per Available Room (RevPAR) Based on this performance, at an approximate 7.00% occupancy tax/city tax, the expected revenue to be generated for Westlake is approximately $379,500 per year. Exterior Construction Materials The exterior construction materials for the Westlake hotel will consist of three primary facade materials. They include EIFS (Stucco), Metal Clad colored Panel System, and Resin Panels which is a composite of resin with laminate finish. For colors of each of the materials please refer to the exterior elevations for specific locations as presented on the colored elevations. Exterior grilles for exhausting interior spaces will be specified to match the windows. Windows will be galvanized metal, fixed panel, double pane insulated glass to satisfy the energy code. Development Schedule The Developer has the project scheduled to commence construction between the 3rd quarter of 2024 and the 1st quarter of 2025. 60 Waivers to Town Development Regulations We are requesting waivers to the following Town development regulations: Sec 98-106 (b)(1) Required: Parking lots. Parking lots shall maintain a minimum of 60 square feet of landscaped area for each required off-street parking space. A maximum of 200 parking spaces is permitted in each defined parking lot. Sec 98-106 (b)(2) Required: Parking lot edge. A parking lot edge shall surround each parking lot, and be a minimum of 12.5 feet wide. The parking lot edge may overlap any parking setback line. When separating two parking lots, the parking lot edge shall be a minimum of 25 feet wide and contain an average minimum three-foot-high berm, as measured from the higher curb or paving elevation. If there is a three-foot or greater differential in the elevations of the edges of the parking lots being separated, then an average two-foot berm, as measured from the higher curb or paving elevation, shall be provided. Parking lot edges may facilitate the grading and terracing of parking lots on a site. Proposed: Landscape Edge Depths (T.W. King): 5’ (TX-114): 5’ Side Buffer: 10’ Sec 98-106 (c)(2) Required: Tree density. There shall be a minimum of one tree per parking space in all parking areas. These trees may be planted within each parking area or within the parking lot edge area. No parking space may be greater than 15 feet from a tree. Sec 98-106 (c)(4) Required: Spot islands. A spot island shall be located within a maximum 15 feet of each parking space. The distance is measured from the nearest curb line of the island to the nearest point on the edge of the parking stall. Spot islands shall be a minimum of nine feet wide by 18 feet long. The location of spot parking lot islands shall recognize convenient pedestrian circulation routes and walks within the island planned accordingly. Sec 102-124 Figure 2 Required Minimum Lot Size: 200,000 S.F. Proposed: 107,733 S.F. Required Max Building Height: 35’ or 2 Stories Proposed Max Height: 75’ 61 Required FAR: 0.25:1 Proposed FAR: 0.75:1 Required Front Building Setback: 100’ Proposed (T.W. King): 30’ Proposed (TX-114): 50’ Required Rear Building Setback: 100’ Proposed: 30’ Required Side Building Setback: 75’ Proposed: 30’ Required Landscaping: 20% Proposed: 15% Section 102-155 Figure 3 Required: 1 for each guest room or residence unit Proposed: 1 parking space per room up to 117 rooms. 117 Max Parking Spaces. 62 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// LOT 1 R BLO C K B TRO P H Y W O O D B U S I N E S S C E N T E R DOC . N O . D 2 0 7 0 3 2 0 3 8 P.R . T . C . T . W. M E D L I N S U R V E Y , AB S T R A C T N O . 1 9 5 8 E E E E EE E E E E I II T T T W D D D D D S S S S S S S S T T T T F F F F F F U U TT T T T T T T W X X X X X X X X X X X X X X X X X • • • • • • • • • • • • • • O H E O H E O H E OHE OHE OHE T W K I N G R O A D RI G H T - O F - W A Y V A R I E S STATE HIGHWAY 114 RIGHT-OF-WAY VARIES STU C C O W A L L STO N E RET A I N I N G WAL L C.M . T H R O O P S U R V E Y , AB S T R A C T N O . 1 5 1 0 50' BUILDING SETBACK CAB. A, PG. 4154 30' B U I L D I N G S E T B A C K CA B . A , P G . 4 1 5 4 10' A T & T T E L E C O M . EAS E M E N T DOC . NO. D 2 0 7 0 3 2 0 3 8 10' U T I L I T Y E A S E M E N T C A B . A, P G . 4 1 5 4 NON - E X C L U S I V E E A S E M E N T F O R UND E R G R O U N D F A C I L I T I E S VOL . 914 0 , P G . 5 3 2 VOL . 915 6 , P G . 7 7 6 VOL . 917 2 , P G . 7 2 7 VOL . 914 0 , P G . 5 9 1 VOL . 910 5 , P G . 1 9 0 VOL . 973 8 , P G . 2 3 5 4 VOL . 129 0 2 , P G . 3 3 3 VOL . 129 0 2 , P G . 3 3 4 VOL . 129 0 2 , P G . 3 3 5 VOL . 129 0 2 , P G . 3 3 6 VARIABLE WIDTH DRAINAGE EASEMENT CAB. A, PG. 4154 20' P E R M A N E N T U T I L I T Y EAS E M E N T VOL . 136 7 9 , P G . 1 3 0 DOC . NO. D 2 1 2 1 5 3 8 0 6 528 3 531 8 531 9 532 0 534 4 534 5 CAL L E D 0 . 2 1 5 2 A C R E RIG H T - O F - W A Y DED I C A T I O N CAB . A , P G . 4 1 5 4 G A S GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS G A S G A S GAS UG T UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGTUGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UGT UG E UG E UG E UG E UG E UG E UG E W W W W W W W W W W W W W W W W UG T U G T U G T U G T U G T U G T U G T U G T U G T U G T U G T U G T U G T U G T U G T U G T U G T UG T W W SS SS SS SS SS SS SS SS SS SS UG E UG E UG E S S S S 10' UTILITY EASEMENT CAB. A, PG. 4154 PROPOSED HOTEL 6 STORIES - 120+/- GUEST ROOMS COURTYARD 8 13 PROPOSEDDUMPSTER AREA 13 12 15 14 3 11 5 10' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 19 ' 26 ' R25' R 2 5 ' 26' 9' TYP . 9' TYP. 9' 1 19'26'19' 9' TY P . 9' TY P . 19' 34. 3 ' 9' TY P . 19'26'19' 12 ' 3 3 7 6 3 5' 9' 9' 5'9'9'5'11' 9' TYP. 19 ' 12 ' 5. 5 '19' 24' 19' 19'26' 19' 26' 5.5' 19 ' 26 ' R20 ' R46 ' R63' R37' R10' R10' R20 ' R4 6 ' R2 0 ' R46' R20' R2 0 ' R20 ' RETAINING WALL R20 ' R10 ' R20' R 2 5 ' R 2 0 ' R 5 0 ' 26 ' 18' R20' R 2 0 ' NEW PUMP STATION ACCESSDRIVE AND GATE 26 ' 10 ' 12' R8' R1 0 ' DATE REVISIONS NOTICE: C Know what's below. Call before you dig.THE LOCATIONS OF EXISTING UNDERGROUNDUTILITIES ARE SHOWN IN AN APPROXIMATEWAY ONLY AND HAVE NOT BEENINDEPENDENTLY VERIFIED BY THE OWNER OR ITSREPRESENTATIVE. THE CONTRACTOR SHALLDETERMINE THE EXACT LOCATION OF ALLEXISTING UTILITIES BEFORE COMMENCINGWORK, AND AGREES TO BE FULLY RESPONSIBLEFOR ANY AND ALL DAMAGES WHICH MIGHT BEOCCASIONED BY THE CONTRACTOR'S FAILURE TOEXACTLY LOCATE AND PRESERVE ANY AND ALLUNDERGROUND UTILITIES. COPYRIGHT 2022 ATWELL LLC NOREPRODUCTION SHALL BE MADE WITHOUT THEPRIOR WRITTEN CONSENT OF ATWELL LLC CONSTRUCTION SITE SAFETY IS THE SOLERESPONSIBILITY OF THE CONTRACTOR; NEITHERTHE OWNER NOR THE ENGINEER SHALL BEEXPECTED TO ASSUME ANY RESPONSIBILITY FORSAFETY OF THE WORK, OF PERSONS ENGAGED INTHE WORK, OF ANY NEARBY STRUCTURES, OR OFANY OTHER PERSONS. 24 HOUR EMERGENCY CONTACT 0 SCALE: 1"=30' 30'15' 21 0 0 5 3 2 7 - C 2 0 0 S I T E P L A N SHEET NO. DRAWN BY: C. ATCHLEY CHECKED BY: M. HOLMES PROJECT MANAGER: J. GREEN CA D F I L E : JOB #: 21005327 FILE CODE: ## -- - - TX H W Y 1 1 4 & T . W . K I N G WE S T L A K E TA R R A N T C O U N T Y , T X - CO N C E P T P L A N 11/29/22 C200 NO T - I S S U E D - F O R - C O N S T R U C T I O N -------- PR O P O S E D H O T E L TR O P H Y L O D G I N G TE X A S F I R M N U M B E R : F - 1 2 2 4 2 CURRENT ZONING PROPOSED USE O - OFFICE HOTEL TOTAL BUILDING SIZE 80,612 SF TOTAL LOT AREA TOTAL ACREAGE 1 SPACE / 1 GUEST ROOM 107,733.95 S.F. 2.473 AC 120 PROPOSED BUILDING HEIGHT 6 STORIES, 75'-0" PROPOSED ZONING PD__________ TOTAL ROOM COUNT 120 +/- PARKING PROVIDED 117 H/C PARKING REQUIRED 5 H/C PARKING PROVIDED 5 FRONT (TW KING)30' BUILDING SETBACKS: SIDE 30' FRONT (TX-114 FRONTAGE)50' LANDSCAPE BUFFERS: 5' 5'FRONT (TW KING) SIDE FRONT (TX-114 FRONTAGE) 10' CONSTRUCTION TYPE IIB 63 MAIN ENTRANCE OF HOTEL SC WA R C H I T E C T S Brand of hotel to be: MARRIOTT, HILTON OR HYATT BACK POOL ENTRANCE OF HOTEL SC WA R C H I T E C T S 64 Ordinance 964 Page 1 of 9 TOWN OF WESTLAKE ORDINANCE NO. 964 AN ORDINANCE ZONING AN APPROXIMATELY 2.5 ACRE TRACT OF LAND GENERALLY LOCATED AT 3300 T.W. KING ROAD, FURTHER DESCRIBED AS LOT 1, C.M. THROOP NO. 1510 ADDITION, FROM THE “O OFFICE PARK” ZONING DISTRICT TO PD8 “PLANNED DEVELOPMENT DISTRICT NUMBER EIGHT”; APPROVING A CONCEPT PLAN FOR A HOTEL; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts, permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS, Section 102-33(3) of the Code of Ordinances of the Town of Westlake states that the purpose of a Planned Development District is to: Provide for a superior design of lots or buildings; Provide for increased recreation and/or open space opportunities for public use; Provide rural amenities or features that would be of special benefit to the property users or community; Protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; Protect or preserve existing historical buildings, structures, features or places; and provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and WHEREAS, on July 6, 2022, the Town of Westlake received a Zoning Change Request from Trophy Lodging, LTD, on behalf of the property owner for the subject property requesting that the Town zone said property to PD8 “Planned Development District Number Eight” in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on February 13, 2023 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval zoning change; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on February 27, 2023 by the Town Council; and 65 Ordinance 964 Page 2 of 9 WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the rezoning request should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Lot 1, C.M. Throop Addition No. 1510 as shown on attached Exhibit “A” is hereby rezoned from the O, “Office Park” zoning district to PD8, “Planned Development District Number Eight”, including the approval of a concept plan, subject to the following conditions: A. The purpose of the PD8 district is the development of a hotel. Any principal use other than a hotel is hereby prohibited. Approved accessory uses shall include a fitness center, conferencing facility, swimming pool, spa, restaurant, general retail sales typical with a hotel and the sale of alcoholic beverages for on-premises consumption. B. Development of the site shall be generally consistent with the concept plan, attached as Exhibit “B”, and the development description, attached as Exhibit “C”. C. The hotel building shall be generally consistent with the concept building elevations, attached as Exhibit “D”. D. A site plan, meeting the requirements for PD site plans in the Code of Ordinances, shall be submitted for final consideration. No building permit may be issued without an approved site plan. The site plan shall be considered as an amendment to this ordinance; E. Prior to the final consideration of the site plan, any required extra-jurisdictional approvals pertinent to the subject property including, but not limited to, zoning, roadway and utility access shall be obtained and provided directly from the pertinent entity to the Town. F. Given the redevelopment of the site, approval and recording of a replat of the subject property is hereby required prior to the issuance of a building permit; G. A situs development agreement between the developer and the town shall require approval prior to the issuance of the building permit. 66 Ordinance 964 Page 3 of 9 H. It is hereby acknowledged that certain waivers to Town ordinances are required in order to reasonably develop the site as depicted on the concept plan. However, final approval of any development waivers, including any modifications or additions to the conditions contained herein, shall be at the discretion of the Town Council upon the recommendation of the Planning and Zoning Commission as part of the approval of the required site plan. SECTION 3: This Zoning District shall be subject to all regulations contained in the Code of Ordinances of the Town of Westlake, Texas, except where amended herein. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 27th DAY OF FEBRUARY 2023. _____________________________ ATTEST: Sean Kilbride, Mayor _________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 67 Ordinance 964 Page 4 of 9 EXHIBITS EXHIBIT A- Subject property location map EXHIBIT B- Concept Plan EXHIBIT C- Development Description EXHIBIT D- Concept Elevations 68 Ordinance 964 Page 5 of 9 EXHIBIT “A” Location Map of Subject Property 69 Ordinance 964 Page 6 of 9 EXHIBIT “B” Concept Plan 70 Ordinance 964 Page 7 of 9 EXHIBIT “C” Development Description 71 Ordinance 964 Page 8 of 9 EXHIBIT “C” Development Description (continued) 72 Ordinance 964 Page 9 of 9 EXHIBIT “D” Concept Elevations 73 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:ORD-967 Agenda Date:3/27/2023 Agenda #:H.2. TOWN STAFF REPORT RECCOMENDATIONS Conduct a public hearing and consider adopting Ordinance 967 approving proposed amendments to Ordinance 693, approving the zoning and concept plan for the PD1-3 zoning district (Granada), to construct a guard house at the main entry gate; and take appropriate action STAFF: Ron Ruthven, Director of Development and Planning Executive Summary (Including Applicable Organizational History) The Granada Homeowner’s Association (HOA)is requesting an amendment to the Granada concept plan in order to allow for the construction of a guard house at the main entrance into the development on Granada Trail approximately 400 south of the intersection with Solana Boulevard and Cortes Drive. The guard house would be 304 square feet in size and be staffed with security personnel. Existing Conditions and Zoning The Granada development is currently gated with private streets,which are maintained by the HOA.The development is currently served by three entrances:(1)the main entrance on Granada Trail,(2)an emergency access only entrance on Dove Road,and (3)a temporary construction entrance on Solana Boulevard.The main gate on Granada Trail currently operates automatically using a remote-control system.Only 5%of the total residential lots in the Granada development remain vacant and,therefore,the temporary construction entrance,which was approved administratively,must be closed by the end of 2023 barring further amendment to the zoning and concept plan. The Granada development was approved by Ordinance 693 <https://weblink.westlake-tx.org/WebLink/DocView.aspx? id=5040&dbid=0&repo=WESTLAKE> in 2013. Exhibit 2, of Ordinance 693 includes the approved concept plan for the development. A guard house was not proposed by the developer of Granada at the time the zoning was approved and was, therefore, not shown on the concept plan. However, any change to the concept plan requires an amendment to Ordinance 693. Proposal Details According to the attached letter provided by the applicant,they are requesting to “allow for the addition of a manned guard house for the Granada development.The site is approximately 1.5 acres in the median along Granada Trail,north of Solana Blvd.As part of the Granada Development,there is an existing median located along Granada Trail that we are intending to alter to construct a guard shack and the associated parking spots.There will be two entry armed gates to allow for emergency bypass as well as a refuse turn around located before the guard shack.One ADA and one standard parking space will be added to allow the shack to be manned at all times.” The guard house will be composed of masonry material and the attached designs have been approved by the Granada Architectural Control Committee (ACC).Landscaping will be added to the entry area around the guard house per the attached landscape plans. Granada Trail is private beginning at Solana Boulevard and the proposed guard house and improvements will be located completely on HOA property and maintained by the HOA. Summary and Recommendation The proposed guard house requires an amendment to the Granada concept plan.The guard house design has been approved by the Granada ACC and has been reviewed by the Town development review committee for compliance with applicable Town ordinances. Based on these conditions,staff recommends approval of the concept plan amendment as proposed subject to the following recommendations contained in Ordinance 967: 1.That Article 5,Exhibit 2,Concept Plans is hereby amended to allow for the construction and operation of a guard house at the main entrance to the development on Granada Trail as shown in Exhibit “A”; Town of Westlake Printed on 5/2/2023Page 1 of 2 powered by Legistar™74 File #:ORD-967 Agenda Date:3/27/2023 Agenda #:H.2. 2.The guard house design,layout,landscaping and all associated improvements shall be constructed and installed as a single phase and shall be consistent with Exhibit “A”.Minor adjustments to site conditions and improvements may be approved by the town manager or their designee on a case-by-case basis; 3.The proposed guardhouse shall comply with the Town’s outdoor lighting requirements; 4.Construction and operation of the guardhouse,and all associated improvements,shall comply with all Town ordinances and any conditions contained within separate agreements between the Town and the developer/homeowner’s association and their assigns, except as approved and amended herein. Council Action/Options ·Approve the proposed Ordinance; ·Approve the Ordinance with conditions/modifications; ·Deny the proposed Ordinance; ·Table the item(s). Planning and Zoning Recommendation The Planning and Zoning considered this item on March 21, 2023. Staff will provide an update at the March 27th meeting concerning the Commission’s vote regarding the item. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $0.00 Funding Source: N/A Contract:No Forms: N/A Attachments 1.Location Map 2.Approved Granada Concept Plan 3.Applicant’s Narrative 4.Ordinance 967 5.Ordinance 967 - Exhibit A (containing guard house plans and designs) Town of Westlake Printed on 5/2/2023Page 2 of 2 powered by Legistar™75 LocaƟon Map Da v i s B l v d . 76 LAND USESUMMARY: IT..T AREA t&1.28 ACRE5 EXISTING ROW DEDICATION 17.96 ACRES TOTAL GROSS AREA 92.24 ACRES REQUIRED OPEN SPACE(20%) x16.84 Acre6( 20%) Q PROVIDED OPEN SPACE x25.76Acres(28%) Q 0 0 Z Z O O Co RESIDENTIALLUTSUMMARY CO Q C)II,D'DN,ly 0255 tbGO vad Ste tlua atdy Rn@y JJ C 33,51]54 T-30' &Yv90' .91tlu/x w O JJ W <QY a N.301'91•.5 ao : 1 L 6 R= 50 z. m L391.5 LLS PS' 2"N 1 s o 26 31 31 JA w I aa-mfr L• A 0 , se x e: I c- n eeL 62 J sane 61 g c-Y$o <1 g, o, rJ 1 R-n 53 154.98' 8'SI'2Y L=23.88- LC=N 38' 98'01'f pOVE Rpm XB'19'S]•r 22.57 ROW e6cation 89'98'10'A 4521 4-/09.00'- N ];•,' .39' p Es a nM Avr t al(H II P' rF,988' l D 0.eaiAenl el Granada Concept R-84 Lots lM. f 84.28 Acres izo za so rt N T-7. I.ke z vo rzs,z Tarr. t CoontY Texas m Approved Granada Concept Plan 77 ZONING APPLICATION > SPEC22347 111 Hillside Drive, Lewisville, TX 75057 / 972. 436. 9712 creating experiences through experience November 29, 2022 Town of Westlake 1500 Solana Blvd Building 7, Ste 7200 Westlake, TX 76262 RE: GRANADA GUARD HOUSE MCADAMS JOB NUMBER SPEC22347 MEDIAN OF GRANADA TRAIL NORTH OF SOLOANA BLVD, WESTLAKE TX Please accept this letter, on behalf of Granada HOA, as an explanation of the proposed application. We are submitting a Zoning Application requesting an amendment to the planned development to allow for the addition of a manned guard house for the Granada development. The site is approximately 1.5 acres in the median along Granada Trail, north of Solana Blvd. As part of the Granada Development, there is an existing median located along Granada Trail that we are intending to alter to construct a guard shack and the associated parking spots. There will be two entry armed gates to allow for emergency bypass as well as a refuse turn around located before the guard shack. One ADA and one standard parking spaces will be added to allow the shack to be manned at all times. Thank you for your consideration of the presented application. We look forward to working with the Town of Westlake on this project. Please feel free to contact us to discuss any comments or questions you have during the review of the is request. Respectfully, MCADAMS Lara Hall RLA, ASLA 78 Ordinance 967 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 967 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 693, AS AMENDED, WHICH APPROVED PLANNED DEVELOPMENT ZONING DISTRICT 1-3 (PD 1-3), AN APPROXIMATELY 84.04 ACRE TRACT GENERALLY LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULEVARD AND DOVE ROAD COMMONLY KNOWN AS GRANADA; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, Ordinance 693, approved by the Town Council on February 25, 2013, established Planned Development District 1-3 (PD 1-3), commonly known as Granada, an approximately 84.04 acre tract generally located between Davis Boulevard, Solana Boulevard and Dove Road; and WHEREAS, Ordinance 693 was amended by Ordinance 819, approved by the Town Council on February 27, 2017; and WHEREAS, an application was received requesting an amendment to the approved concept plan contained in Ordinance 693, as amended, to allow for the construction and operation of guard house at the main entrance to the development; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, following provision of proper legal notice, including written notice to owners within the Granada development 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 March 21, 2023 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 693 contained herein; and WHEREAS, following provision of proper legal notice, including written notice to owners within the PD1-2 zoning district and within 200 feet of the PD1-2 zoning district, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on March 27, 2023 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 79 Ordinance 967 Page 2 of 4 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that these amendments to Ordinance 693 should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the following amendments to Ordinance 693 are hereby authorized: A. That Article 5, Exhibit 2, Concept Plans is hereby amended to allow for the construction and operation of a guard house at the main entrance to the development on Granada Trail as shown in Exhibit “A”; B. The guard house design, layout, landscaping and all associated improvements shall be constructed and installed as a single phase and shall be consistent with Exhibit “A”. Minor adjustments to site conditions and improvements may be approved by the town manager or their designee on a case-by-case basis; C. The proposed guardhouse shall comply with the Town’s outdoor lighting requirements; D. Construction and operation of the guardhouse, and all associated improvements, shall comply with all Town ordinances and any conditions contained within separate agreements between the Town and the developer/homeowner’s association and their assigns, except as approved and amended herein. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, 80 Ordinance 967 Page 3 of 4 such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2023. _____________________________ ATTEST: Sean Kilbride, Mayor _________________________ Amy Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 81 Ordinance 967 Page 4 of 4 EXHIBITS EXHIBIT A- Guardhouse Plans and Exhibits 82 83 84 85 86 Contact: Justin L. Lansdowne, P.E.C0.00 SPEC22347 CO N S T R U C T I O N D O C U M E N T S GR A N A D A G U A R D H O U S E C O V E R S H E E T 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712 201 Country View DriveRoanoke, Texas 76262940. 240. 1012 TBPE: 19762 TBPLS: 10194440www.mcadamsco.com The John R. McAdamsCompany, Inc. 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . TOWN O F T R O P H Y C L U B TOWN O F W E S T L A K E TOWN OF WESTLAKE CITY OF SOUTHLAKE SH 114 F.M 1 9 3 8 F. M . 1 9 3 8 Dove Road So l a n a B l v d Capital Pkw y PROJECT LOCATION C0.00 COVER SHEET C0.01 GENERAL NOTES C1.00 AERIAL MAP C1.01 EXISTING CONDITIONS AND DEMOLITION PLAN C2.00 PAVING, MARKING AND DIMENSION PLAN C3.00 GRADING PLAN C5.00 PLAN AND PROFILE - SS-1 C8.00 STANDARD DETAILS C8.01 STANDARD DETAILS L1.00 DEMO LANDSCAPE PLAN L2.00 LANDSCAPE PLAN L3.00 LANDSCAPE DETAILS L4.00 IRRIGATION L5.00 IRRIGATION 87 C0.01 SPEC22347 GR A N A D A G U A R D H O U S E L E G E N D G E N E R A L N O T E S 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 88 C1.00 SPEC22347 GR A N A D A G U A R D H O U S E A E R I A L M A P 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . “” ’’’ 89 C A S T I L I A N P A T H ( 3 1 ' R . O . W . ) VALE N C I A C O V E (31' R. O . W . ) GR A N A D A T R A I L (8 0 ' R . O . W . ) EX I S T I N G C O N D I T I O N S AN D D E M O L I T I O N P L A N C1.01 SPEC22347 GR A N A D A G U A R D H O U S E “” ’’’ 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 90 C A S T I L I A N P A T H ( 3 1 ' R . O . W . ) VALE N C I A C O V E (31' R. O . W . ) GR A N A D A T R A I L (8 0 ' R . O . W . ) PAVING SPECIFICATIONS: PA V I N G , M A R K I N G A N D DI M E N S I O N P L A N C2.00 SPEC22347 GR A N A D A G U A R D H O U S E “” ’’’ 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . SEE DETAIL "A" DETAIL "A" PAVEMENT MARKING SCALE: 1"=10' 91 GR A D I N G P L A N C3.00 SPEC22347 GR A N A D A G U A R D H O U S E “” ’’’ 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . MA T C H L I N E A MA T C H L I N E A 92 C A S T I L I A N P A T H ( 3 1 ' R . O . W . ) C5.00 SPEC22347 GR A N A D A G U A R D H O U S E P L A N A N D P R O F I L E - SS - 1 “” ’’’ 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 93 ST A N D A R D D E T A I L S C8.00 SPEC22347 GR A N A D A G U A R D H O U S E 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 94 ST A N D A R D D E T A I L S C8.01 SPEC22347 GR A N A D A G U A R D H O U S E 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 95 DE M O L A N D S C A P E P L A N GR A N A D A G U A R D H O U S E . H I T O N SSTE R C CT T E SA ET S T A I REG 1 O F 7 9 ET X E R LDRE CAANDS A EP A W A R T SPEC22347 L1.00 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 (D B A , G & A M c A d a m s ) 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . g a c o n . c o m ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 96 C A S T I L I A N P A T H ( 3 1 ' R . O . W . ) VALE N C I A C O V E (31' R. O . W . ) GR A N A D A T R A I L (8 0 ' R . O . W . ) ORNAMENTAL TREES CODE COMMON / BOTANICAL NAME CM Crape Myrtle Lagerstroemia indica TJ Taylor Juniper Juniperus virginiana `Taylor` SHRUBS CODE COMMON / BOTANICAL NAME MFG Mexican Feather Grass Nassella tenuissima PM Pink Muhly Muhlenbergia capillaris RY Red Yucca Hesperaloe parviflora RS Russian Sage Perovskia abrotanoides SY Soft Leaf Yucca Yucca pendula GROUND COVERS CODE COMMON / BOTANICAL NAME WL Weeping Lovegrass Eragrostis curvula PLANT SCHEDULE LA N D S C A P E P L A N GR A N A D A G U A R D H O U S E . H I T O N SSTE R C CT T E SA ET S T A I REG 1 O F 7 9 ET X E R LDRE CAANDS A EP A W A R T SPEC22347 L2.00 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 (D B A , G & A M c A d a m s ) 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . g a c o n . c o m ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 97 ORNAMENTAL TREES CODE QTY COMMON / BOTANICAL NAME CAL HGT REMARKS CM 2 Crape Myrtle Lagerstroemia indica 20 GAL 7`-8`PER PLAN TJ 5 Taylor Juniper Juniperus virginiana `Taylor`20 GAL 7`-8`PER PLAN SHRUBS CODE QTY COMMON / BOTANICAL NAME CONTAINER HEIGHT SPREAD REMARKS MFG 134 Mexican Feather Grass Nassella tenuissima 1 gal PM 12 Pink Muhly Muhlenbergia capillaris 3 gal 18" 3`-0"XERI RY 26 Red Yucca Hesperaloe parviflora 3 gal 12"3`-0"XERI RS 21 Russian Sage Perovskia abrotanoides 3 gal SY 3 Soft Leaf Yucca Yucca pendula 5 gal 18"PER PLAN XERI GROUND COVERS CODE QTY COMMON / BOTANICAL NAME CONT HEIGHT SPREAD WL 928 sf Weeping Lovegrass Eragrostis curvula 3 gal PLANT SCHEDULE LA N D S C A P E D E T A I L S GR A N A D A G U A R D H O U S E . H I T O N SSTE R C CT T E SA ET S T A I REG 1 O F 7 9 ET X E R LDRE CAANDS A EP A W A R T SPEC22347 L3.00 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 (D B A , G & A M c A d a m s ) 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . g a c o n . c o m ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 98 IR R I G A T I O N GR A N A D A G U A R D H O U S E . H I T O N SSTE R C CT T E SA ET S T A I REG 1 O F 7 9 ET X E R LDRE CAANDS A EP A W A R T SPEC22347 L4.00 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 (D B A , G & A M c A d a m s ) 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . g a c o n . c o m ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 99 IR R I G A T I O N GR A N A D A G U A R D H O U S E . H I T O N SSTE R C CT T E SA ET S T A I REG 1 O F 7 9 ET X E R LDRE CAANDS A EP A W A R T SPEC22347 L5.00 “” ”” 11 1 H i l l s i d e D r i v e Le w i s v i l l e , T e x a s 7 5 0 5 7 97 2 . 4 3 6 . 9 7 1 2 (D B A , G & A M c A d a m s ) 20 1 C o u n t r y V i e w D r i v e Ro a n o k e , T e x a s 7 6 2 6 2 94 0 . 2 4 0 . 1 0 1 2 TB P E : 1 9 7 6 2 T B P L S : 1 0 1 9 4 4 4 0 ww w . g a c o n . c o m ww w . m c a d a m s c o . c o m Th e J o h n R . M c A d a m s Co m p a n y , I n c . 10 0 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:WA RES 23-08 Agenda Date:3/27/2023 Agenda #:I.1. SeaACADEMY STAFF REPORT RECCOMENDATIONS Consider approving WA Resolution 23-08 amending the Proof of Residency Policy for Westlake Academy; and take appropriate action STAFF: Sean Wilson, Head of School BACKGROUND: The Westlake Academy Leadership Team has reviewed the Westlake Academy Proof of Residency Policy No. 1.01 and recommends the policy be updated to simplify the language and streamline and standardize the process of establishing Westlake residency for the purpose of enrollment at Westlake Academy. DISCUSSION: The proposed updates to the policy more clearly defines the process required to establish residency in the Primary Boundary of the Town of Westlake. The updates clarify the documents and timeline required for applicants seeking resident status by purchasing an existing home, leasing a home or through new construction of a home. The update also standardizes the deadlines for providing the required documentation, completion dates and occupant timeline requirements. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends the Board of Trustees approve WA Resolution 23-08, as presented. BOARD OF TRUSTEES ACTION/OPTIONS: 1)Motion to approve WA Resolution 23-08, as presented. 2)Motion to amend WA Resolution 23-08 with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of Westlake Printed on 5/2/2023Page 1 of 2 powered by Legistar™101 File #:WA RES 23-08 Agenda Date:3/27/2023 Agenda #:I.1. Town of Westlake Printed on 5/2/2023Page 2 of 2 powered by Legistar™102 Section 1 - Admissions Policy No. 1.01: Date Board Adopted: April 3, 2017 Date Board Amended: March 27, 2023 Effective Date: March 27, 2023 Policy Category: Admissions Policy Name: Proof of Residency Policy Goal: Clear and concise communication for students and parents regarding the criteria to establish residency status for individuals seeking admission to Westlake Academy. Policy Description: If, during the enrollment period, Westlake Academy receives more applications from eligible applicants than there are spaces available in a class, then admission shall first be offered to eligible applicants residing within the Academy’s Primary Boundary, which is consistent with the geographic boundaries of the Town of Westlake. The parent, legal guardian, or other person having lawful control of an applicant seeking admission as a resident of the Primary Boundary must provide proof of residency within the boundaries of the Town of Westlake. Required Documentation to Establish Residency in the Primary Boundary An applicant’s parent, legal guardian, or other person having lawful control shall provide one or more of the following documents as proof of residence within the boundaries of the Town of Westlake: • Tax receipt from the current year indicating homestead property ownership • Fully executed building permit signed by the town of Westlake’s Planning and Development department • Current lease agreement (subject to additional requirements below); or • Valid, fully executed real estate earnest money contract to purchase or build residential structure (subject to additional requirements below). In addition to one of the documents identified above, the parent, legal guardian, or other person having lawful control must also provide: TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY 103 ● a photo identification card that includes the person's photograph, name, and address that matches the address included on the document provided from the list above. Acceptable photo identification cards shall include ○ a current and valid state-issued driver's license; or ○ a state of Texas identification card; or ○ a military or government-issued identification card; or ○ or a consular card. Westlake Academy will not accept a credit card, debit card, or any club or retail membership card for proof of residency, even if such card includes a photograph; and ● Current utility bill for the primary residential structure in the name of the applicant’s parent, legal guardian or other person having lawful control Applicants must provide all updated documents within 30 days from the first day of school. If all documents have not been provided within the set timeframe, students will be administratively disenrolled. Purchase of an Existing Home Applicants relying upon a contract to purchase an existing home to establish residency within the Primary Boundary must submit proof of residency within the Secondary Boundary at the time an enrollment application is submitted. For a student to start school on the first day of school, an applicant relying upon a contract to purchase an existing home to establish residency must also provide additional documentation of a closing date and inhabit the residence within the first 90 days of the school year. Failure to provide the required Primary Boundary residency documentation may result in a student’s immediate disenrollment from the Academy. New Construction Applicants relying upon a contract to build a home to establish residency within the Primary Boundary must submit proof of residency within the Secondary Boundary at the time an enrollment application is submitted. In addition, an applicant relying upon a contract to build a new residence to establish residency must also provide documentation of an approved building 104 permit from the Town of Westlake and written notice from the builder confirming the slab/foundation was poured prior to August 1 st of the school year in which they are seeking enrollment. The applicant must also provide documentation from the builder of the estimated completion date for the new residence, which must occur within two years of the school year the student seeks to enroll. In addition to these initial documentation requirements, the applicant will be required to submit verification, according to a schedule identified by the Town, of the completion of major construction milestones for the home including, but not limited to, framing, dry wall, masonry, roofing, plumbing, and electrical work. Responsibility for providing documentation of the milestones identified by the Town shall be the homeowner’s sole responsibility. Failure by the homeowner to submit any or all of the milestone verifications may result in the Academy administratively disenrolling the student. Failure to provide the required Primary Boundary residency documentation or may result in a student’s immediate disenrollment from the Academy. Lease An applicant relying on a residential lease to establish residency must provide a copy of a fully executed lease with a lease-term that extends for the entire time period the applicant intends to rely upon the lease to document residency. A residential lease shall be considered acceptable documentation to establish residency only if the leased premises is the primary residential structure on a property. Any family/person who executes and submits a lease to document residency in the Primary Boundary without occupying the leased property for as long as the applicant’s child attends the Academy, shall subject their child(ren) to immediate removal from the school and such action may be considered fraudulent activity, unless documentation of another Primary Boundary residence is provided. For a single-family residence, only one structure shall be recognized per legal address. Secondary structures such as garages, garage apartments, cabanas, pool houses, or cottages that are co -located on the property where the primary residential structure is located but are not recognized with a separate legal address are not eligible to establish residency under this policy. Further, a lease shall be accompanied with a utility bill showing that the utility service for the leased residential premises is in the name of the person leasing the primary reside ntial structure. Primary Boundary Students Enrolled Prior to August 1, 2015 – For families with students enrolled in the Academy based on Westlake residency status prior to August 1, 2015, any subsequent changes to the residency policy do not apply. If these students attended Westlake Academy for at least two years prior to moving to an approved secondary boundary, the students can remain enrolled at the Academy. 105 Nonresident Student in Grandparent’s After-School Care: A student seeking admission to Westlake Academy, after August 1, 2015, as a grandchild of a resident in the primary boundary due to a grandparent providing substantial after- school care for the student shall provide the required proof of residency based on the grandparent's Westlake residence and will be subject to the admission policy applicable to all Westlake residents regarding their continued enrollment. The grandparent must annually provide a notarized affidavit, on a form provided by Westlake Academy, confirming the extent of after-school care to be provided by the grandparent. Students applying for admissions based on the grandparent provision must live in one of the Academy’s secondary boundaries. The Superintendent shall have authority to approve such admission applications in accordance with the following criteria: a minimum of ten (10) hours per week of documented after-school care provided by the grandparent at the grandparent's Westlake residence. Required Documentation to Establish Residency in Secondary Boundary If all eligible applicants from the primary boundary are admitted and the Academy chooses to admit transfer students from the secondary boundaries, the same types of documentation identified above shall be used to establish residenc y within the Academy’s secondary boundary. Residency Review A Westlake Academy representative may make periodic visits to a residence to verify that the student is actually living at the address provided on the enrollment application or is entitled to enrollment as a resident because of after-school care provided by a grandparent. A person who presents false information or false records to obtain admission to Westlake Academy commits a criminal offense and is subject to prosecution under Texas Penal Code Section 37.10. Proof of residency shall be waived when a student is homeless as defined by law. Dates Amended: 08/03/09 12/06/10 08/13/12 06/03/13 11/17/14 06/01/14 4/3/2017 106 WA Res 23-08 Page 1 of 6 WESTLAKE ACADEMY WA RESOLUTION 23-08 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES APPROVING AN AMENDMENT TO THE WESTLAKE ACADEMY PROOF OF RESIDENCY POLICY 1.01 WHEREAS, Westlake Academy’s mission is to support students as they become compassionate, life-long learners through an internationally-minded, balanced education that empowers students to contribute to our interconnected world; and WHEREAS, The proposed resolution supports updating the Proof of Residency Policy; and WHEREAS, The updates will simplify the language and standardized the process of establishing residency for new home construction, purchasing a home and leasing in the Town of Westlake for enrollment purposes at Westlake Academy; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees Westlake Academy, hereby approves the Westlake Academy Residency Policy attached to this resolution as Exhibit “A”. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2023. ___________________________________ Sean Kilbride, President 107 WA Res 23-08 Page 2 of 6 ATTEST: ________________________________ ___________________________________ Amy M. Piukana, Board Secretary Sean Wilson, Head of School APPROVED AS TO FORM: ___________________________ Janet S. Bubert, School Attorney 108 WA Res 23-08 Page 3 of 6 Res 23-08 Exhibit “A” Section 1 - Admissions Policy No. 1.01: Date Board Adopted: April 3, 2017 Date Board Amended: March 27, 2023 Effective Date: March 27, 2023 Policy Category: Admissions Policy Name: Proof of Residency Policy Goal: Clear and concise communication for students and parents regarding the criteria to establish residency status for individuals seeking admission to Westlake Academy. Policy Description: If, during the enrollment period, Westlake Academy receives more applications from eligible applicants than there are spaces available in a class, then admission shall first be offered to eligible applicants residing within the Academy’s Primary Boundary, which is consistent with the geographic boundaries of the Town of Westlake. The parent, legal guardian, or other person having lawful control of an applicant seeking admission as a resident of the Primary Boundary must provide proof of residency within the boundaries of the Town of Westlake. Required Documentation to Establish Residency in the Primary Boundary An applicant’s parent, legal guardian, or other person having lawful control shall provide one or more of the following documents as proof of residence within the boundaries of the Town of Westlake: • Tax receipt from the current year indicating homestead property ownership • Fully executed building permit signed by the town of Westlake’s Planning and Development department • Current lease agreement (subject to additional requirements below); or • Valid, fully executed real estate earnest money contract to purchase or build residential structure (subject to additional requirements below). TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY 109 WA Res 23-08 Page 4 of 6 In addition to one of the documents identified above, the parent, legal guardian, or other person having lawful control must also provide: ● a photo identification card that includes the person's photograph, name, and address that matches the address included on the document provided from the list above. Acceptable photo identification cards shall include ○ a current and valid state-issued driver's license; or ○ a state of Texas identification card; or ○ a military or government-issued identification card; or ○ or a consular card. Westlake Academy will not accept a credit card, debit card, or any club or retail membership card for proof of residency, even if such card includes a photograph; and ● Current utility bill for the primary residential structure in the name of the applicant’s parent, legal guardian or other person having lawful control Applicants must provide all updated documents within 30 days from the first day of school. If all documents have not been provided within the set timeframe, students will be administratively disenrolled. Purchase of an Existing Home Applicants relying upon a contract to purchase an existing home to establish residency within the Primary Boundary must submit proof of residency within the Secondary Boundary at the time an enrollment application is submitted. For a student to start school on the first day of school, an applicant relying upon a contract to purchase an existing home to establish residency must also provide additional documentation of a closing date and inhabit the residence within the first 90 days of the school year. Failure to provide the required Primary Boundary residency documentation may result in a student’s immediate disenrollment from the Academy. New Construction Applicants relying upon a contract to build a home to establish residency within the Primary Boundary must submit proof of residency within the Secondary Boundary at the time an enrollment application is submitted. 110 WA Res 23-08 Page 5 of 6 In addition, an applicant relying upon a contract to build a new residence to establish residency must also provide documentation of an approved building permit from the Town of Westlake and written notice from the builder confirming the slab/foundation was poured prior to August 1st of the school year in which they are seeking enrollment. The applicant must also provide documentation from the builder of the estimated completion date for the new residence, which must occur within two years of the school year the student seeks to enroll. In addition to these initial documentation requirements, the applicant will be required to submit verification, according to a schedule identified by the Town, of the completion of major construction milestones for the home including, but not limited to, framing, dry wall, masonry, roofing, plumbing, and electrical work. Responsibility for providing documentation of the milestones identified by the Town shall be the homeowner’s sole responsibility. Failure by the homeowner to submit any or all of the milestone verifications may result in the Academy administratively disenrolling the student. Failure to provide the required Primary Boundary residency documentation or may result in a student’s immediate disenrollment from the Academy. Lease An applicant relying on a residential lease to establish residency must provide a copy of a fully executed lease with a lease-term that extends for the entire time period the applicant intends to rely upon the lease to document residency. A residential lease shall be considered acceptable documentation to establish residency only if the leased premises is the primary residential structure on a property. Any family/person who executes and submits a lease to document residency in the Primary Boundary without occupying the leased property for as long as the applicant’s child attends the Academy, shall subject their child(ren) to immediate removal from the school and such action may be considered fraudulent activity, unless documentation of another Primary Boundary residence is provided. For a single-family residence, only one structure shall be recognized per legal address. Secondary structures such as garages, garage apartments, cabanas, pool houses, or cottages that are co-located on the property where the primary residential structure is located but are not recognized with a separate legal address are not eligible to establish residency under this policy. Further, a lease shall be accompanied with a utility bill showing that the utility service for the leased residential premises is in the name of the person leasing the primary residential structure. Primary Boundary Students Enrolled Prior to August 1, 2015 – For families with students enrolled in the Academy based on Westlake residency status prior to August 1, 2015, any subsequent changes to the residency policy do not apply. If these students attended Westlake Academy for at least two years prior to moving to an approved secondary boundary, the students can remain enrolled at the Academy. 111 WA Res 23-08 Page 6 of 6 Nonresident Student in Grandparent’s After-School Care: A student seeking admission to Westlake Academy, after August 1, 2015, as a grandchild of a resident in the primary boundary due to a grandparent providing substantial after- school care for the student shall provide the required proof of residency based on the grandparent's Westlake residence and will be subject to the admission policy applicable to all Westlake residents regarding their continued enrollment. The grandparent must annually provide a notarized affidavit, on a form provided by Westlake Academy, confirming the extent of after- school care to be provided by the grandparent. Students applying for admissions based on the grandparent provision must live in one of the Academy’s secondary boundaries. The Superintendent shall have authority to approve such admission applications in accordance with the following criteria: a minimum of ten (10) hours per week of documented after-school care provided by the grandparent at the grandparent's Westlake residence. Required Documentation to Establish Residency in Secondary Boundary If all eligible applicants from the primary boundary are admitted and the Academy chooses to admit transfer students from the secondary boundaries, the same types of documentation identified above shall be used to establish residency within the Academy’s secondary boundary. Residency Review A Westlake Academy representative may make periodic visits to a residence to verify that the student is actually living at the address provided on the enrollment application or is entitled to enrollment as a resident because of after-school care provided by a grandparent. A person who presents false information or false records to obtain admission to Westlake Academy commits a criminal offense and is subject to prosecution under Texas Penal Code Section 37.10. Proof of residency shall be waived when a student is homeless as defined by law. Dates Amended: 08/03/09 12/06/10 08/13/12 06/03/13 11/17/14 06/01/14 4/3/2017 112 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:WA RES 23-09 Agenda Date:3/27/2023 Agenda #:I.2. ACADEMY STAFF REPORT RECCOMENDATIONS Consider approving WA Resolution 23-09 amending the Admission Policy 1.02 at Westlake Academy; and take appropriate action STAFF: Sean Wilson, Head of School BACKGROUND: The Westlake Academy Leadership Team has reviewed the Westlake Academy Admissions Policy 1.02 and recommends the policy be updated to simplify the language and clarify the order of offers of enrollment for Westlake Academy applicants. DISCUSSION: The proposed Resolution more clearly defines the categories of student applicants and defines the order that open spaces will be offered for enrollment. FISCAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends approval of WA Resolution 23-09, as presented. BOARD OF TRUSTEES ACTION/OPTIONS: 1)Motion to approve WA Resolution 23-09, as presented. 2)Motion to amend WA Resolution 23-09, with the following stipulations (please state stipulations in motion) 3)Motion to table 4)Motion to deny Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™113 WA Res 23-09 Page 1 of 5 WESTLAKE ACADEMY WA RESOLUTION 23-09 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES APPROVING AN AMENDMENT TO THE WESTLAKE ACADEMY ADMISSION POLICY TO SIMPLIFY THE LANGUAGE AND CLARIFY THE ORDER OF OFFERS OF ENROLLMENT WHEREAS, Westlake Academy’s mission is to support students as they become compassionate, life-long learners through an internationally-minded, balanced education that empowers students to contribute to our interconnected world; and WHEREAS, The proposed resolution supports updating the Admissions Policy; and WHEREAS, The updates will simplify the language and clarify the order of enrollment offers; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees Westlake Academy, hereby approves the Westlake Academy Admissions Policy attached to this resolution as Exhibit “A”. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolut ion without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2023. ___________________________________ Sean Kilbride, President 114 WA Res 23-09 Page 2 of 5 ATTEST: ________________________________ ___________________________________ Amy M. Piukana, Board Secretary Sean Wilson, Head of School APPROVED AS TO FORM: ___________________________ Janet S. Bubert, School Attorney 115 WA Res 23-09 Page 3 of 5 Res 22-23 Exhibit “A” Policy No. 1.02: Date Board Adopted: May 4, 2009 Date Board Amended: March 27, 2023 Effective Date: March 27, 2023 Policy Category: Admissions Policy Name: Westlake Academy Admissions Policy Policy Goal: Communication/Transparency of student and parent requirements for admission into Westlake Academy; Engagement of stakeholders and fiscal stewardship. Policy Description: Lottery applications for enrollment for the following academic year are accepted from prospective students from December 1st through January 31st. Currently enrolled students receive a Notice of Intent to Return form in January of each school year. This form asks students to state whether they intend to return to Westlake Academy the following school year and to identify any siblings who wish to attend Westlake Academy the following year. This form must be returne d within 30 days of distribution. Students who do not return the Notice of Intent to Return form by the deadline, are not guaranteed enrollment for the following school year. Re-enrollment Currently enrolled students, admitted after August 1, 2015, who e xpress a desire to return and who continue to reside within an approved geographical boundary are automatically enrolled for the following school year upon timely receipt of the Intent to Return form, subject to meeting one of the following conditions: ● a currently enrolled student who originally obtained admission to the Academy based on the student’s residency in the primary geographic boundary; or ● a currently enrolled student who obtained admission as the child of a full -time Town of Westlake employee retains the right to re-enrollment only if the student’s parent continues to be employed by the Town of Westlake on a full - time basis; or ● a currently enrolled student who gained admission through the lottery through or through the sibling waitlist. Vacancies in each grade level are then determined. 116 WA Res 23-09 Page 4 of 5 New Primary Boundary Student Applicants Primary boundary students are defined as children of Town of Westlake residents. If the number of eligible Primary Boundary applicants does not exceed the number of vacancies, then all eligible applicants who timely applied will be offered admission. If there are more Primary Boundary applicants than spaces available, a Westlake resident lottery will be held to establish the order that enrollment will be offered to Primary Boundary residents. New Secondary Boundary Student Applicants Secondary Boundary students, also defined as transfer students, live in one of our approved school districts as defined in our Charter. Once all Primary Boundary students have been considered, Secondary Boundary students will be considered for enrollment. If the number of eligible Secondary Boundary applications exceeds the number of vacancies, the admission of Secondary Boundary applicants shall be determined by lottery. The following applicants are exempt from the lottery and are given priority in admission, so long as the total number of these students constitutes only a small percentage of the total school enrollment. Exempt applicants: ● Children of the Founders of Westlake Academy ● Children of Town of Westlake full-time employees ● Siblings of admitted and returning students Secondary Boundary applicants are randomly drawn through an annual lottery to create a waitlist for each grade level. As vacancies arise, the ind ividual on the waitlist with the lowest number drawn will be offered admission. Order of Offer of Enrollment for New Applicants Grade-level vacancies are filled in the following order: 1) Children of Town of Westlake residents 2) Children of Founders of Westlake Academy 3) Children of Town of Westlake full-time employees 4) Siblings of admitted and returning students 5) Secondary Boundary students from the lottery waitlist 117 WA Res 23-09 Page 5 of 5 Upon an offer of enrollment, students must provide records demonstrating they have met standards for entry into the grade for which they have applied. Should there be a discrepancy in the application grade level of the student and his/her educational records or performance level, the student is subject to administrative disenrollment. Westlake Academy Charter School does not discriminate in admissions based on gender, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability or the district the child would otherwise attend. Westlake Academy will not enroll any student with documented histories of a criminal offense, juvenile court adjudication, or discipline problems under Texas Education Code Chapter 37, Subchapter A. The Academy further reserves the right to remove a student per the Discipline Policy/Code of Conduct should it become known that a student has a history of criminal offense, juvenile court adjudication or discipline problems which was not disclosed upon application to the school. Date Amended: 08/03/09 01/10/11 08/15/11 09/12/11 08/13/12 06/03/13 06/02/14 118 Exhibit A Policy No. 1.02: Date Board Adopted: May 4, 2009 Date Board Amended: March 27, 2023 Effective Date: March 27, 2023 Policy Category: Admissions Policy Name: Westlake Academy Admissions Policy Policy Goal: Communication/Transparency of student and parent requirements for admission into Westlake Academy; Engagement of stakeholders and fiscal stewardship. Policy Description: Lottery applications for enrollment for the following academic year are accepted from prospective students from December 1st through January 31st. Currently enrolled students receive a Notice of Intent to Return form in January of each school year. This form asks students to state whether they intend to return to Westlake Academy the following school year and to identify a ny siblings who wish to attend Westlake Academy the following year. This form must be returned within 30 days of distribution. Students who do not return the Notice of Intent to Return form by the deadline, are not guaranteed enrollment for the following s chool year. Re-enrollment Currently enrolled students, admitted after August 1, 2015, who express a desire to return and who continue to reside within an approved geographical boundary are automatically enrolled for the following school year upon timely receipt of the Intent to Return form, subject to meeting one of the following conditions: ● a currently enrolled student who originally obtained admission to the Academy based on the student’s residency in the primary geographic boundary; or ● a currently enrolled student who obtained admission as the child of a full-time Town of Westlake employee retains the right to re-enrollment only if the student’s parent continues to be employed by the Town of Westlake on a full - time basis; or ● a currently enrolled student who gained admission through the lottery through or through the sibling waitlist. 119 Vacancies in each grade level are then determined. New Primary Boundary Student Applicants Primary boundary students are defined as children of Town of Westlake residents. If the number of eligible Primary Boundary applicants does not exceed the number of vacancies, then all eligible applicants who timely applied will be offered admission. If there are more Primary Boundary applicants than spaces available, a Westlake resident lottery will be held to establish the order that enrollment will be offered to Primary Boundary residents. New Secondary Boundary Student Applicants Secondary Boundary students, also defined as transfer students, live in one of our approved school districts as defined in our Charter. Once all Primary Boundary students have been considered, Secondary Boundary students will be considered for enrollment. If the number of eligible Secondary Boundary applications exceeds the number of vacancies, the admission of Secondary Boundary applicants shall be determined by lottery. The following applicants are exempt from the lottery and are given priority in admission, so long as the total number of these students constitutes only a small percentage of the total school enrollment. Exempt applicants: ● Children of the Founders of Westlake Academy ● Children of Town of Westlake full-time employees ● Siblings of admitted and returning students Secondary Boundary applicants are randomly drawn through an annual lottery to create a waitlist for each grade level. As vacancies arise, the individual on the waitlist with the lowest number drawn will be offered admission. Order of Offer of Enrollment for New Applicants Grade-level vacancies are filled in the following order: 1) Children of Town of Westlake residents 2) Children of Founders of Westlake Academy 3) Children of Town of Westlake full-time employees 120 4) Siblings of admitted and returning students 5) Secondary Boundary students from the lottery waitlist Upon an offer of enrollment, students must provide records demonstrating they have met standards for entry into the grade for which they have applied. Should there be a discrepancy in the application grade level of the student and his/her educational records or performance level, the student is subject to administrative disenrollment. Westlake Academy Charter School does not discriminate in admissions based on gender, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability or the district the child would otherwise attend. Westlake Academy will not enroll any student with documented histories of a criminal offense, juvenile court adjudication, or discipline problems under Texas Education Code Chapter 37, Subchapter A. The Academy further reserves the right to remove a student per the Discipline Policy/Code of Conduct should it become known that a student has a history of criminal offense, juvenile court adjudication or discipline problems which was not disclosed upon application to the school. Date Amended: 08/03/09 01/10/11 08/15/11 09/12/11 08/13/12 06/03/13 06/02/14 121 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:RES 23-21 Agenda Date:3/27/2023 Agenda #:I.3. TOWN STAFF REPORT RECCOMENDATIONS Consider approving Resolution 23-21 authorizing the Mayor to amend the agreement between the Town of Westlake and Steele & Freeman for the guaranteed maximum price (GMP) of $1,087,968.00 to $1,236,844.00 to make improvements to the downstairs public restrooms in the Gym building and authorize town staff to make funding changes not to exceed $25,000.00 on this project; and take appropriate action STAFF: Troy Meyer, Assistant Town Manager BACKGROUND: Town staff is working with Dr.Wilson and his team on starting the demo of the lockers the second weekend in May and starting the other areas on May 30th with an August completion. The WAAC grant only covers updating the locker room and up stair public restroom finishes.If the council wishes to update the finish in the downstairs public restroom which includes the flooring,walls,toilet partitions,toilet accessories,and plumbing to match the upstairs public restroom,the total cost is $148,876.00 for the project. This alternative could be funded by the Westlake Academy Capital fund which has a current balance of $3.7M. An estimated timeline and completion phases of the project is provided for reference below: Timeline ·February 2022 - Present conceptual drawings and first round of price estimates to donor ·March - Present conceptual drawings to the Town Council for consideration ·April 25, 2022 - Town Council to accept the grant commitment from the Athletic Club (WAAC). ·April 25,2022 -Town staff will recommend approval of the architect,Bennet Partners, programing agreement to remodel the WA gym and fieldhouse with acceptance of the granted from the WAAC. ·June 21-Town Council approved the Town manager to enter negotiations with Glen Partners for architectural services ·June and September- Staff met with the program team to review and confirm scope of project. ·September 15 -Second round of cost estimates presented to the program team and council approval to move forward with the project. ·January 16th -Steele &Freeman held a pre bid meeting on the Westlake Academy campus for Town of Westlake Printed on 5/2/2023Page 1 of 2 powered by Legistar™122 File #:RES 23-21 Agenda Date:3/27/2023 Agenda #:I.3. the gym remodeling project will post public bid notices. ·February 9th -Program team review bids and Steele &Freemen presented the second round of cost estimates for the gym remodeling project to the program team. The estimate is $1,087,968.00. ·February 9th -Program team reviewed bids and Steele &Freemen presented the second round of cost estimates for the gym remodeling project to the program team.The estimate is $1,087,968.00. ·February 15 -the Town council accepted the WAAC grant for Phase 2 of the gym remodeling architect services which will include the design development,construction documentation and bidding.The estimated cost is $1,000,000.Glenn Partners fees are at 7.5%-$75,000.00.The Town has received the WAAC grant for $75,000.00 ·February 27th - Town Council accepted grant funds from the WAAC ·March 8th - Town received the WAAC Grant for $1,087,968.00 STAFF RECOMMENDATION: Staff recommends approving Resolution 23-21, as presented. TOWN COUNCIL ACTION/OPTIONS: 1)Motion to approve Resolution 23-21, as presented. Town of Westlake Printed on 5/2/2023Page 2 of 2 powered by Legistar™123 Resolution 23-21 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 23-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH STEELE & FREEMAN FOR CONSTRUCTION MANAGER AT-RISK SERVICES FOR THE REMODELING OF THE FIRST FLOOR OF THE GYM BUILDING; ESTABLISHING A GUARANTEED MAXIMUM PRICE (GMP) AT $1,087,968.00 AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000.00 ON THIS PROJECT. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and, WHEREAS, construction manager at risk will amend the original guaranteed maximum price (GMP) to effectively provide the town with funds to install the critical infrastructure for the gym remodeling project; and, WHEREAS, the program committee for the gym remodeling project has agreed that Steele & Freeman will provide Construction Manager-at-Risk service; and, WHEREAS, the WAAC will transfer the grant to the Town in order to fund 100% of the costs before the project will start; 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: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 3: That the Town of Westlake Town Council does hereby authorizing the Mayor to enter into an agreement with Steele & Freeman for construction manager at-risk services for the remodeling of the first floor of the gym building; establishing a guaranteed maximum price (GMP) at $1,087,968.00 attached hereto as Exhibit "A", and authorize town staff to make funding changes not to exceed $25,000.00 on this project. 124 Resolution 23-21 Page 2 of 2 the Mayor enter negotiations with Steele & Freeman for construction manager at-risk services and the approval of; authorizing issuance of a notice to proceed with Steele & Freeman, Inc. for construction manager at-risk services establishing a guaranteed maximum price (GMP) for remodeling of the gym facilities located at 2600 Ottinger Road. and authorize town staff to make funding changes not to exceed $25,000.00 on this project. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 15TH DAY OF FEBURARY 2023. ATTEST: _________________________ Sean Kilbride, Mayor ____________________________ Amy M. Piukana, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney 125 Gym Remodeling Project Update Town Council March 27, 2023 1 126 Current Downstair Restrooms 2 127 Updated View 3 128 Project Scope 4 Project start in May 2023 and completed August 2023 First floor locker rooms Public Restrooms Repainting gym floor Replace Score board & bleachers High density Storage Sound system & acoustical panels Volleyball courts 129 Funding Sources WAAC Grant $1,087,968 received on March 8, 2023 Alternate No. 1 Remodel downstairs public restrooms - $148,876 flooring, walls, toilet partitions, toilet accessories and plumbing WA Capital fund- Current balance $3.7M 5 130 Direction Approve or deny Resolution 23-21 remodeling the downstair public restrooms 6 131 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:23-99 Agenda Date:3/27/2023 Agenda #:J.1. TOWN STAFF REPORT RECCOMENDATIONS The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551 for the following: (a) Section 551.071(2): Consultation with Town Attorney to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. (FM 1938 access for proposed Southlake Development) Town of Westlake Printed on 5/2/2023Page 1 of 1 powered by Legistar™132