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HomeMy WebLinkAbout10-20-14 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA October 20, 2014 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS Workshop Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 4 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE OCTOBER 20, 2014, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. DISCUSSION ITEMS a. Standing Item: Update and discussion regarding the Granada and Entrada Developments including the Entrada Public Improvement District (PID). (15 min) b. Discussion regarding the possible implementation and adoption of a Smoking Regulation Ordinance. (30 min) c. Discussion regarding the proposed 2015 Meeting Calendar. (10 min) d. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (15 min) e. Standing Item: Discussion Regarding Various Advisory Boards and the Number of Auxiliary Boards. (15 min) 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Page 3 of 4 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the September 22, 2014 meeting. b. Consider approval of the minutes from the October 6, 2014 meeting. c. Consider approval of Ordinance 739, Amending (Chapter 90; Art II; Division 3; Sec 90-79) Adopting State Highway 114 Speed Study. d. Consider approval of Resolution 14-35, Amending the Mobile Phone policy and its inclusion into the Town of Westlake Personnel Manual. e. Consider approval of Resolution 14-36, Approving Blue Cross/Blue Shield as the Town’s health insurance carrier. 4. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter Page 4 of 4 including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 5. RECONVENE MEETING 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 8. COUNCIL CALENDAR 9. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, October 15, 2014, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the September 22, 2014 meeting. b. Consider approval of the minutes from the October 6, 2014 meeting. c. Consider approval of Ordinance 739, Amending (Chapter 90; Art II; Division 3; Sec 90-79) Adopting State Highway 114 Speed Study. d. Consider approval of Resolution 14-35, Amending the Mobile Phone policy and its inclusion into the Town of Westlake Personnel Manual. e. Consider approval of Resolution 14-36, Approving Blue Cross/Blue Shield as the Town’s health insurance carrier. Town of Westlake Item # 3 – Review of Consent Agenda Items DISCUSSION ITEMS a. Standing Item: Update and discussion regarding the Granada and Entrada Developments including the Entrada Public Improvement District (PID). (15 min) b. Discussion regarding the possible implementation and adoption of a Smoking Regulation Ordinance. (30 min) c. Discussion regarding the proposed 2015 Meeting Calendar. (10 min) d. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. (15 min) e. Standing Item: Discussion Regarding Various Advisory Boards and the Number of Auxiliary Boards. (15 min) Town of Westlake Item # 4 – Discussion Items Standing Item: Update and discussion regarding the Granada and Entrada Developments including the Entrada Public Improvement District (PID). (15 min) Town of Westlake Item # 4a – No Supporting documentation Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, October 20, 2014 TOPIC: Discussion regarding an Ordinance Regulating Public Smoking STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: October 20, 2014 October 20, 2014 Funding: Amount - N/A Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY As our community continues to grow – either through the potential of mixed-use development or with commercial expansion – a topic of discussion has arisen regarding the support of a smoking ordinance to address health concerns. Many of Westlake’s neighboring communities have adopted smoking ordinances, of varying levels of restrictions, in an effort to protect citizens, business patrons and employees. Cities enacting no smoking ordinances often cite studie s that have found that tobacco smoke is a major contributor to indoor air pollution, and t hat breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. Staff recognizes that this type of issue is not without controversy, and the positions of supporters and detractors must be debated when considering smoking bans. We have included a memo from Tom Brymer, Town Manager and will be prepared to discuss the various positions on this topic and receive direction from the Council. ORGANIZATIONAL HISTORY/RECOMMENDATION ATTACHMENTS 1. Memorandum from Town Manager - Topics and Issues to Consider When Formulating An Ordinance Regulating Public Smoking 2. Code excerpts from various municipalities. Page 1 of 4 MEMORANDUM Date: October 8, 2014 TO: Honorable Mayor and Town Council FROM: Tom Brymer, Town Manager/Superintendent SUBJECT: Topics and Issues to Consider When Formulating an Ordinance Regulating Public Smoking On May 19, 2014, the Council voted under its meeting procedures to take up for discussion this topic as a Council agenda item (agenda item was submitted by Mayor Wheat). The purpose of the memorandum is to provide the Council with some perspectives on topics and issues for your consideration as you discuss this subject. These topics and issues have arisen during my tenure in cities where the city council has undertaken regulation of public smoking. Purpose of the Regulation Generally speaking, some cities began consideration of limiting public smoking in the 1990’s. Over time, more cities have imposed limitations on public smoking. Those cities that passed no smoking ordinances early on have, in some cases, later amended them to apply to more locations than the original ordinance applied (i.e. an incremental approach such as initially not allowing smoking in restaurants, but smoking being allowed in bars, however, later applying the smoking prohibition to bars as well). Those cities adopting smoking regulations more recently often impose removal of smoking from most public buildings and public areas and they define those areas broadly so the net effect is the elimination of public smoking in most places (i.e. a non-incremental approach). In these deliberations, the question is generally asked (and it is a good question to ask when deliberating formulation of public policy), what is it we are attempting to achieve and why are attempting to achieve it, i.e. what is the goal or end that we wish to attain? As we’ve discussed in our governance discussions, another way to ask this question when considering public policy initiatives is, “what good for what group at what cost” (John Carver, Boards that Make a Difference)? The answer to that question is generally one that focuses on the reduction of exposure to second hand smoke due to its documented adverse health impacts. This exposure to second hand smoke can be for employees, business patrons, Page 2 of 4 or the general public that frequent locations which allow smoking. This in turn often leads to a consensus that, because of second hand smoke, this is a public health issue. And, since cities are generally viewed as being charged with being responsible for protecting the public’s health, safety, and welfare, there often is public consensus that it is appropriate for cities to impose regulations on public smoking. Additionally, health organizations such as the American Cancer Society, the American Lung Association, and the American Heart Association all have taken public positions based on studies as to the adverse health impacts of second hand smoke. Sometimes local chapters of these organizations or local doctors become involved in their communities in advocating to city councils for a public smoking limitation or its complete ban. Counter arguments to the public health justifications for no smoking ordinances (due to the detrimental effect of second hand smoke) often focus on individual rights to smoke. Another counter argument also can be that imposition of no smoking regulations will hurt a particular business or types of business because their patrons will frequent other similar establishments in other cities that allow smoking. Regarding this later argument, it tends to have more weight if adjacent cities do not regulate smoking, but in our case, most, if not all, area cities do regulate public smoking in some manner. Breadth of Regulation Limiting or banning public smoking, while a public policy issue, involves regulation. When imposing regulation a good question to ask is, “how wide do we wish to cast the regulatory net”? As you can see by reviewing the ordinances of nearby cities that regulate public smoking, there is a variation to the degree to which this public smoking limitation is imposed. • Some ordinances prohibit public smoking in any public building and define public building as “any building other that a building used as a private residence”. • Some ordinances include restaurants in the definition of a public building with the definition of a restaurant allowing the serving of alcohol with a valid State license as long as it derives less than 75% of its gross revenue from alcohol sales. • Some ordinances prohibit smoking in all public buildings, including restaurants and bars. • Other ordinances also extend the no smoking prohibition to public parks, hospitals, schools, and municipal buildings. Page 3 of 4 • Some public smoking ordinances allow smoking in a restaurant as long as the smoking area does not exceed 50% of its net floor area and it has an air purification system with a separate ventilation system that does not allow air from the smoking area to be drawn into the non-smoking area. In restaraunts with bars, sometimes smoking is prohibited in the restaurant area, but allowed in the bar area with specified separation distances between the two areas and with the bar having a ventilation system as described above. • Other public smoking ordinances make exceptions and allow for smoking in facilities owned or operated for fraternal, charitable organizations (VFW, Elks Club, etc.). Westlake does not currently have any of these facilities; however, we do have a country club with a restaurant. Generally, smoking is defined in most ordinances as inhaling, exhaling or burning a lighted cigar, cigarette, pipe or other lighted tobacco products. However, in recent years other products that have come on the market such as e-cigarettes have been included in the definition of smoking. Other products have been banned because they have been determined to be illegal (see Keller’s ordinance). Some ordinances contain language that sets a minimum age for the sale of tobacco products within that city. As one can see, a discussion of how broadly to “cast the net” is an important part of the deliberation of limiting public smoking. Process for Formulation of the Policy (i.e. the Ordinance) Thought should be given early on as what process will be used to formulate a proposed public smoking ordinance. This should include considering the extent of public input desired and how it is to be obtained. Options on this can range from Staff formulating a recommended ordinance and bringing it to Council for discussion and deliberation in a public meeting, to having public input meetings with Staff as they work on a draft prior to bringing it to Council. Another item to consider is what type of notice should be given to existing businesses that might be impacted by a smoking regulation ordinance so they have adequate opportunity to provide input. Implementation and Enforcement of the Regulation If a smoking regulation ordinance is adopted, consideration then turns to how residents and businesses will be notified of the regulations. Will there be a “grace period” during which enforcement will be delayed while businesses come into compliance? If smoking in certain types of establishments will be allowed Page 4 of 4 with certain ventilation systems, how long will be given for those systems to be installed, tested, and verified of their correct functionality? Once the ordinance is in effect, how often will businesses in which smoking is regulated and/or prohibited be inspected for compliance? Will enforcement be done on a regular basis or on complaint only basis? What resources are required to enforce the ordinance regulations effectively? The communities I have worked in that have adopted smoking regulations have made every effort to enforce them within existing resources (i.e. not requesting additional resources for enforcement). This has been done by having the initial inspection once the ordinance goes into effect as well as subsequent annual compliance inspections done by the Fire Department as a part of their routine business inspection program. If a complaint is received, the Fire Department sends personnel to investigate and if a violation occurs, issues a citation. Conclusion Formulation and implementation of smoking regulations requires thought, deliberation and dialogue on the issues identified above. The issues above are not intended to be exhaustive. There likely will be other issues as well. But, the issues and topics discussed here are intended to give the Council a good idea of what they will likely need to consider as they deliberate over this public policy matter. It should be noted that as Westlake grows, the number of businesses affected by a public smoking ordinance will likely increase which makes it just that more complex to deal with. Thus, it is timely to consider it now. City of Southlake ARTICLE V. - PUBLIC SMOKING Sec. 10 -151. - Definitions. The following definitions shall apply to this article: Bar or tavern means an establishment that derives 75 percent or more of the establishment's gross revenue from the on-premise sale of alcoholic beverages. Person means any individual. Public building means any building other than a building used as a private residence. If portions of a building are used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building" as used herein shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. The term "public building" includes, but is not limited to, restaurants, bars and taverns. Restaurant means an establishment that primarily serves food prepared in the kitchen of the same establishment for patrons and may serve alcohol with a valid Texas Alcoholic Beverage Commission License as long as the establishment derives less than 75 percent of its gross revenues from alcohol sales and includes all indoor and outdoor seating areas, kitchen, bar area, restrooms and lobby. Smoke or smoking means inhaling, exhaling, or b urning a lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or form. (Ord. No. 907, § 2, 4-17-07) Sec. 10 -152. - Smoking prohibited in public buildings, or within 12 feet of an entrance or exit to a public building; signs required; and prohibited acts. (a)It shall be unlawful for any person to perform the following acts in any public building in the city or within 12 feet of any entrance or exit to any public building: (1)Smoke, (2)Carry a lighted cigarette, cigar, or tobacco-containing pipe, or (3)Light a cigarette, cigar or tobacco-containing pipe. (b)It shall be unlawful for any owner of any restaurant, bar and tavern to allow the operation of the establishment unless one or more of the following signs have been posted at a location clearly visible to a person entering the establishment: (1)A "No Smoking" sign, or (2)The international "No Smoking" symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it). (c)It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within 12 feet from an entrance or exit to any public building: (1)Ashtrays, (2)Smoking paraphernalia, or (3)Signs that indicate that smoking is permitted. (d)It shall be unlawful for the owner or operator of any public building to allow smoking in such public building in violation of the provisions of this article. (Ord. No. 907, § 2, 4-17-07) Sec. 10 -153. - Pena lty. Any person who violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine of not more than $500.00. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership or cooperation that violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine of not more than $2,000.00. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. No. 907, § 2, 4-17-07) City of Keller They have two separate references to smoking. ARTICLE VI. - ILLEGAL SMOKING PRODUCTS AND INGESTION DEVICES Sec. 10 -800. - Purpose. The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices hereinafter defined within the city limits of the City of Keller. (Ord. No. 1531, § 2, 11-16-10) Sec. 10 -810. - Definitions. The following words and phrases as used in this section shall have the meanings as set forth in this subsection. Illegal smoking product shall mean any plant or other substance, whether described as tobacco, herbs, incense, spice, or any blend thereof, regardless of whether the substance is marked for the purpose of being smoked, which includes any one or more of the following substances or chemicals: (1)Salvinorin A: Contained within the Salvia Divinorum plant, whether growing or not; or possessed as an extract, compound, manufacture, derivative, mixture, or preparation of such plant; or (2)2-[(1R, 3S)-3-hydroxycyclohexyl}-5-(2-methylocatan-2-y1) phenol (also known as CP 47, 497) and homologues; or (3)1-Pentyl-3-(1 -naphthoyl) indole (also known as JWH-018); or (4)Butyl-3(1-naphthoyl) indole (also known as JWH-073); or (5)Any products sold, distributed or possessed in the form of incense or herbal smoking blends under the names such at "K-2," "K-2 Summit," "K-2 Sex," "Genie," "Spice," "Dascents," "Zohai," "Sage," "Pep Spice," "Solar Flare," "K-O Knockout 2," "Spice Gold," "Spice Diamond," "Spice Cannabinoid," "Yucatan Fire," "Fire N Ice," "Salvia Divinorum," or related products or chemicals when ingested produce intoxicating effects similar to marijuana. Ingestion device shall mean equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing an illegal smoking product into the huma n body, including: (1)A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2)A water pipe; (3)A carburetion tube or device; (4)A smoking or carburetion mask; (5)A chamber pipe; (6)A carburetor pipe; (7)An electric pipe; (8)An air -driven pipe; (9)A chillum; (10)A bong; or (11)An ice pipe or chiller. "Person" shall mean an individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business. (Ord. No. 1531, § 2, 11-16-10) Sec. 10 -820. - Violation. (a)It shall be unlawful for any Person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product. (b)It shall be unlawful for any person to use or possess an Ingestion Device with the intent to inject, ingest, inhale or otherwise introduce into the human body an illegal smoking product. (c)The culpable mental state required by Chapter 6.02 of the Texas Penal Code, as amended, is specifically negated and dispensed with and a violation is a strict liability offense. (d)Any person, firm or corporation found to be violating any term or provision of this article, shall be subject to a fine of up to five hundred dollars ($500.00), or the maximum amount allowed by law, for each offense. Every day a violation continues shall constitute a specific offense. (Ord. No. 1531, § 2, 11-16-10) Sec. 10 -830. - Affirmative defense. (a)It shall be an affirmative defense for a person charged with an offense for possession or use of an illegal smoking product that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. (b)It shall be a primary affirmative defense that the sale or possession by a person of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose. (Ord. No. 1531, § 2, 11-16-10) Sec. 2 -280. - Smoking in municipal buildings or facilities; bleachers in public parks; or grounds or facilities at Keller Sports Park except in the parking lots prohibited. (a)A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any municipal building or facility; bleachers located in public parks; or any grounds or facilities at Keller Sports Park located at 265 Golden Triangle Boulevard except in the parking lots; that are owned, operated or managed by the City of Keller. (b)The department head, so designated in writing by the city manager, having authority over a particular municipal facility or public park shall cause to be posted a conspicuous sign visible from the main entrance of a municipal facility, or a bleacher area, containing the words "NO SMOKING, City of Keller Ordinance." (Ord. No. 653, § 1, 8-20-91; Ord. No. 731, § 1, 2-15-94; Ord. No. 907, § 1, 7-21-98; Ord. No. 1307, § 2, 1-17-06) Sec. 2 -281. - Penalty for violation. Any person, firm or corporation violating any of the provisions of section 2-280 shall be deemed guilty of a misdemeanor and upon final conviction thereof fined an amount not to exceed one thousand dollars ($1,000.00). Each and every day any such violation continues shall be deemed a separate offense and is punishable as such hereunder. (Ord. No. 653, § 2, 8-20-91) Note—See editor's note, § 2-280 City of Roanoke DIVISION 1. SMOKING IN PUBLIC PLACES Sec. 7.301. Definitions. Sec. 7.302. Smoking Prohibited. Sec. 7.303. Restaurants. Sec. 7.304. Exceptions. Sec. 7.305. Violation and Penalty. Sec. 7.301. Definitions. In this division: (a)Air Purification System means an electrically powered hospital grade, hepa media filter that will clean all of the air in a designated smoking area every fifteen (15) minutes as follows: not less than ninety-five (95) percent of three-tenths (0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses and allergens and not less than ninety-five (95) percent removal of gases, vapors, volatile organic compounds (V.O.C.) and odors and contains an air barr ier system or other barrier system if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area. (b)Designated Smoking Area means an area which shall not exceed fifty (50) percent of the net floor area; is equipped with an air purification system (defined herein) or has a separate ventilation system (defined herein); air from the smoking area is not drawn across the nonsmoking area; and if required by a licensed professional engineer, is equipped with an air barrier system or other barrier system such as a physical barrier to keep the air from the smoking area from being drawn across the nonsmoking area. (c)Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. (d)Employer means a person who employs the services of one (1) or more individuals. (e)Enclosed Area means a space that is enclosed on all sides by solid walls that extend from the floor to the ceiling, exclusive of windows and doors. (f)Fraternal Organization means a non-profit organization that: (1)Is chartered by a national organization in existence since 1953; (2)Is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (3)Operates under a lodge system with a representative form of government; and (4)Is organized for the exclusive benefit of the members of the organization and their dependents. (g)Public Place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. (h)Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non-tobacco products is incidental. (i)Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible substance in any manner or in any form. (j)Ventilation System means a HVAC system designed by a licensed professional engineer to meet the requirements of this article and all other requirements of the City's building code. A ventilation system must provide an air change every fifteen (15) minutes; exhaust the air to the exterior of the building and the air from the smoking area cannot be drawn across the nonsmoking area; and has an air barrier system, if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area. (k)Workplace means an enclosed area in which employees work or have access during the course of their employment. (Ordinance 89-117 adopted 12/5/89 Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.302. Smoking Prohibited. (a)A person commits an offense if the person smokes in a public place. (b)A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (c)A person commits an offense if the person smokes in an enclosed area of a workplace. (Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.303. Restaurants. (a)All restaurants shall be nonsmoking, however a Designated Smoking Area can be furnished provided the Designated Smoking Area complies with subsection (b). (b)A Designated Smoking Area in a restaurant must: (1)Not exceed fifty percent (50%) of the net floor area; (2)Be equipped with an Air Purification System or must have a separate Ventilation System; and (3)Not allow the air from the smoking area to be drawn across the nonsmoking area. (c)A restaurant with a maximum occupancy of fifty (50) seats or less is exempt from the requirements in subsection (a) and (b) provided that the restaurant owner post a sign at the restaurant's entrance that states "A NONSMOKING SECTION IS NOT AVAILABLE." However, an owner of a restaurant with fifty (50) seats or less can choose to comply with the ordinance or designate the entire restaurant as nonsmoking. (d)All enclosed dining areas and break areas, regardless of maximum occupancy, in City buildings are nonsmoking. (e)A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in a nonsmoking area of a restaurant. (Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.304. Exceptions. This division does not apply to: (a)A residential dwelling unit that is used exclusively for a residential use; (b)A hotel or motel room designated as a smoking room and rented to a person; (c)A retail tobacco store; (d)A private or semi-private room in a nursing home or long-term care facility that is occupied by individuals who smoke and have requested in writing to be placed in a room where smoking is permitted; (e)An outdoor area of a workplace that is not in the area described by Section 7.302(c); (f)A bingo facility operated under the Bingo Enabling Act, Chapter 2001 of the Occupations Code, if: (1)An enclosed non -smoking area is provided; (2)The smoking area is mechanically ventilated to prevent smoke from entering a non-smoking area; and (3)No one under the age of eighteen (18) is admitted to the smoking area; (g)A facility operated by a fraternal organization for a charitable, benevolent, or educational function if the premises is controlled by the organization. (Ord. No. 2008-126, § 2, adopted 7/22/08) Sec. 7.305. Violation and Penalty. Violation of any of the provisions of this division shall constitute an offense punishable by a fine as provided for in the general penalty provision found in Section 1.106 of this code. Each day of violation shall be a separate offense. (Ord. No. 2008-126, § 2, adopted 7/22/08) DIVISION 2. OTHER PROHIBITED SUBSTANCES Sec. 7.325. Definitions. Sec. 7.326. Restricted Smoking Materials; Purpose. Sec. 7.327. Sale, Delivery, Offer or Gift. Sec. 7.328. Use or Possession of Restricted Smoking Material. Sec. 7.329. Use or Possession of Restricted Smoking Paraphernalia. Sec. 7.330. Defenses to Prosecution. Sec. 7.331. Offenses and Penalties. Sec. 7.325. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Restricted smoking material shall mean any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof if it includes any of the following chemicals or a comparable chemical: (1)Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts; (2)2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues; (3)(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol); (4)1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018); (5)1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or (6)1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081). Products containing some or all of the above substances are currently being marketed under the following commercial names: "K-2," "K-2 SUMMIT," "K-2 SEX," "GENIE," "DASCENTS," "ZOHAI," "SAGE," "SPICE," "KO KNOCK-OUT 2," "SPICE GOLD," "SPICE DIAMOND," "YUCATAN FIRE," "SOLAR FLARE," "PEP SPICE," "FIRE N' ICE," AND "SALVIA DIVINORUM." Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this division, regardless of whether they are marketed under alternative names. Restricted smoking material paraphernalia shall mean any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials and may include: (1)A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2)A water pipe; (3)A carburetion tube or device; (4)A smoking or carburetion mask; (5)A chamber pipe; (6)A carburetor pipe; (7)An electric pipe; (8)An air -driven pipe; (9)A chillum; (10)A bong; or (11)An ice pipe or chiller. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.326. Restricted Smoking Materials; Purpose. The purpose of this Division 2 is to prohibit the sale or delivery of restricted smoking materials within the City limits of the City of Roanoke, Texas, and to prohibit the possession of restricted smoking materials within the City limits of the City of Roanoke. Any form of delivery to include a simple gift constitutes a violation of this Division 2. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.327. Sale, Delivery, Offer or Gift. It shall be unlawful for any person to sell, offer to sell, deliver to or to give any restricted smoking material to any person. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.328. Use or Possession of Restricted Smoking Material. It shall be unlawful for any person to have in their possession or to use restricted smoking materials within the corporate limits of the City of Roanoke. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.329. Use or Possession of Restricted Smoking Paraphernalia. It shall be unlawful for any person to have in their possession any restricted smoking paraphernalia with the intent to use it, to ingest, inhale or otherwise consume restricted smoking material. It is a violation of this section, if a person is found in possession of restricted smoking paraphernalia and appropriate forensic testing is done on the paraphernalia showing traces of restricted smoking material are present on the restricted smoking paraphernalia. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.330. Defenses to Prosecution. It shall be a defense to prosecution for a violation of this Division 2 if the use of the restricted smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas. It shall be a defense to prosecution under the terms of this Division 2 if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas. (Ord. No. 2010-121, § 4, adopted 9/14/2010) Sec. 7.331. Offenses and Penalties. (a)Any person who violates any provision of this Division 2 shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00). (b)Every act in violation of this Division 2 shall constitute a separate offense. (c)Unless otherwise specifically set forth herein allegation and evidence of culpable mental state are not required for the proof of an offense of this Division 2. (Ord. No. 2010-121, § 4, adopted 9/14/2010) City of Grapevine Sec. 16 -18. Tobacco and E-cigarette free parks and park facilities. (a)It shall be unlawful for any person to smoke E-cigarettes or tobacco or chew or dip tobacco or snuff at any parks or park facility owned or leased by the city that has been posted: "This park/park facility is tobacco and E-cigarette free." (b)The city council shall by resolution designate any city owned or leased park or park facility as tobacco and E-cigarette free and upon such designation, the city manager or his designee is authorized to post signs giving notice that such action is prohibited in such park or park facility. (c)In this section, "E-cigarette" means any electronic device that is designed to deliver nicotine or other chemicals or substances by creating a vapor or mist that is deliverable to the user through inhalation in the simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e-cigarettes, electronic cigars, e-cigars, electronic pipes, e-pipes, or under any other product name or description. (Ord. No. 2009-25, § 2, 7-21-09; Ord. No. 2014-13, § 2, 3-18-14) Editor's note— Ord. No. 2014-13, § 2, adopted March 18, 2014, amended the title of § 16-18 to read as set out herein. Previously § 16-18 was titled tobacco free parks and park facilities. Highland Park ARTICLE 6.04 SMOKING* Division 1. Generally Secs. 6.04.001–6.04.030 Reserved Division 2. Smoking in Public Buildings Sec. 6.04.031 Definitions The following words, terms and phrases, when used in this division, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bar. An area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term “bar ” shall not include the restaurant dining area. Business. Any sole proprietorship, joint venture, corporation or other business entity formed for profit- making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. Child care facility. Any licensed nursery, day-care center, preschool, or other facility engaged in the practice of providing care for children. Health care facility. Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions. Person. Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. Public building. The indoor and outdoor areas of any facility owned or operated by the Town, not generally accessible by the public, including but not limited to: (1) The Town Hall and Library facilities, 4700 Drexel Drive; (2) The Department of Public Safety facilities, 4700–4710 Drexel Drive; (3) The Gillon Pump Station facility, 3400 Gillon Avenue; (4) The Town Service Center facility, 5005 Holland Avenue; and (5) The Town Swimming Pool facility, 3801 Lexington Avenue. Public place. Any enclosed area to which the public is invited or in which the public is permitted, not including the offices or work areas not entered by the public in the normal course of business or use of the premises. A private residence is not a public place. Restaurant. Any enclosed area used as a coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees. Retail store. Any sole proprietorship, partnership, joint venture, corporation or other business entity where goods or services are sold or offered for sale. Retail tobacco store. Any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. Service line. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. Smoking. The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, or other combustible tobacco product in any manner or in any form. Sports arena. Any enclosed or unenclosed sports pavilion, gymnasium, health spa, swimming pool, and other similar public place where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. Theater. Any indoor facility primarily used for the exhibition of any motion picture, stage drama, musical recital, dance, lecture or other similar performance. A private residence is not a “theater.” (Ordinance 1685, sec. 2, adopted 3/26/07) Sec. 6.04.032 Smoking prohibited Except as otherwise provided, smoking shall be prohibited in the following places: (1) Elevators. (2) Public forms of transportation, including, but not limited to, buses, vans and taxicabs. (3) Public buildings and public restrooms. (4) Service lines. (5) Retail stores. (6) Public areas of galleries, libraries and museums. (7) Theaters. (8) Sports arenas. (9) Polling places. (10) Child care facilities. (11) Waiting rooms, hallways, wards, and rooms of health care facilities, including, but not limited to: hospitals; clinics; physical therapy, mental health and drug and alcohol treatment facilities; and doctors’ and dentists’ offices. (12) Lobbies, hallways, and other common areas (excluding underground parking facilities) in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple-unit residential facilities. (13) Lobbies, hallways, and other common areas (excluding underground parking facilities) in multiple-unit commercial facilities. (14) Any school or educational institution operated by a business or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural activities. (15) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment or facility. (Ordinance 1685, sec. 3, adopted 3/26/07) Sec. 6.04.033 Smoking in restaurants (a) Smoking is prohibited in indoor restaurants, except as set forth in subsection (b) below. (b) The prohibition set forth above shall not apply to any room or bar of a restaurant which is separately enclosed, provided that said room or bar provides a mechanical ventilation system that is separate and apart from the mechani cal ventilation system for the remainder of the building. (Ordinance 1685, sec. 4, adopted 3/26/07) Sec. 6.04.034 Smoking-optional areas Notwithstanding any other provisions of this division to the contrary, the following areas shall not be subject to the smoking restrictions of this division: (1) Private residences. (2) Bars. (3) Retail tobacco stores. (4) Private clubs and recreation facilities. (5) Private conference and meeting rooms in a hotel or motel while these places are being used exclusively for private functions, provided that in said room there is a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the building. (6) A maximum of forty percent (40%) of hotel and motel rooms, provided that said rooms have a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the building. Each hotel and motel shall designate not less than sixty percent (60%) of their hotel or motel rooms as nonsmoking rooms. The hotel or motel rooms designated as nonsmoking rooms will have signs posted indicating that smoking is prohibited in such rooms and ashtrays removed. (Ordinance 1685, sec. 5, adopted 3/26/07) Sec. 6.04.035 Signs (a) Any person who owns, manages, operates or otherwise controls the use of any premises subject to this division has the responsibility to post properly and to maintain signs required by this division. (b) “Smoking” or “No Smoking” signs, whichever are appropriate, or the international “No Smoking” symbol (a picture of a burning cigarette inside a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, employer or other person in control in every place where smoking is controlled by this division. (c) Any owner, manager, operator or employer of any establishment controlled by this division shall, upon either observing or being advised of a violation of section 6.04.032, have the obligation to inform the violator of the appropriate requirements of this law and then request immediate compliance. (Ordinance 1685, sec. 6, adopted 3/26/07) Sec. 6.04.036 Enforcement The Town shall require, while an estab lishment is undergoing otherwise mandated inspections, that the owner, manager, operator or other person having control of such establishment demonstrate that all requirements of this division have been met. (Ordinance 1685, sec. 7, adopted 3/26/07) Sec. 6.04.037 Violations and penalties (a) It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to regulation under this division to fail to comply with any of its provisions. (b) It shall be unlawful for any person to smoke in any area where smoking is prohibited under this division. (c) Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code. (d) Each day a violation shall continue shall constitute a separate offense. (Ordinance 1685, sec. 8, adopted 3/26/07) Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, October 20, 2014 TOPIC: Discussion regarding the proposed 2015 Town Council and Board of Trustees meeting calendar. STAFF CONTACT: Kelly Edwards, Town Secretary DECISION POINTS Start Date Completion Date Timeframe: October 20, 2014 November 17, 2014 Funding: Amount - $0.00 Status- Funded Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY From time to time, the Council/BOT regular meeting schedule requires modification due to holidays and other events that may create a conflict for Council/Board Members and staff to attend Council/Board meetings. Several factors have been taken into consideration as staff prepared the 2015 meeting calendar, including national holidays, school holidays, early voting and annual training conferences. The calendar does not include any meeting dates for the month of July. Meetings are normally scheduled include the Board of Trustees meetings on the 2nd Monday of each month and Town Council meetings on the 4th Monday of each month with exceptions of budget workshops or off- site meeting retreats. ORGANIZATIONAL HISTORY/RECOMMENDATION Select a meeting calendar and make any necessary revisions to the proposed 2014 meeting calendar. ATTACHMENTS 2015 Proposed Meeting Calendar January 2015 1 February 2015 2 March 2015 3 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 03/09-03/13 Spring Break 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 April 2015 4 May 2015 5 June 2015 6 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 05/09 Election Day 1 2 3 4 1 2 1 2 3 4 5 6 05/14 Canvass if necessary 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 05/11 BOT Budget Wkshp 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 05/20 TC/BOT orientation (if necessary) 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 05/27 TC Planning Retreat - All Day 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 06/04 Last Day of School 31 06/05 Senior Commencement July 2015 7 August 2015 8 September 2015 9 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 1 1 2 3 4 5 08/05 TC Budget Wkshp 12-5:00 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 08/20 First Day of School ????? 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 09/02 & 09/09 TC if necessary (tax) 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 6:00 p.m. 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 09/27-09/30 ICMA 30 31 09/22-09/25 TML October 2015 10 November 2015 11 December 2015 12 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 School Board School & Town Holiday Budget / Meeting Retreats Town Council School Holiday Town Holiday New Council/BOT Election Day /First/Last Day Orientation Special Meeting to of School Planning & Zoning Canvass Returns Meetings Town of Westlake Meeting Schedule Standing agenda item during the construction project Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project, enrollment projections and technology for the Secondary building. (15 min) Westlake Academy Item # 4d – No Supporting documentation Standing Item: Discussion Regarding Various Advisory Boards and the Number of Auxiliary Boards. (15 min) Town of Westlake Item # 4e – No Supporting documentation EXECUTIVE SESSION a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners -Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in wh ich the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 5 – Executive Session Town of Westlake Item # 6 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 7 – Take any Necessary Action, if necessary COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item #8 Council Recap / Staff Direction Town of Westlake Item # 9 – Workshop Adjournment Back up material has not been provided for this item. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town of Westlake Item # 2 – Citizen’s Presentations and recognitions CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the September 22, 2014 meeting. b. Consider approval of the minutes from the October 6, 2014 meeting. c. Consider approval of Ordinance 739, Amending (Chapter 90; Art II; Division 3; Sec 90-79) Adopting State Highway 114 Speed Study. d. Consider approval of Resolution 14-35, Amending the Mobile Phone policy and its inclusion into the Town of Westlake Personnel Manual. e. Consider approval of Resolution 14-36, Approving Blue Cross/Blue Shield as the Town’s health insurance carrier. Town of Westlake Item # 3 – Consent Agenda Town Council Minutes 09/22/14 Page 1 of 8 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 22, 2014 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Rick Rennhack, and Wayne Stoltenberg. ABSENT: Alesa Belvedere and Carol Langdon OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Attorney L. Stanton Lowry, Finance Director Debbie Piper, Director of Facilities and Parks & Recreation Troy Meyer, Fire Chief Richard Whitten, Planning and Development Director Eddie Edwards, Director of Public Works Jarrod Greenwood, Director of HR & Administrative Services Todd Wood, Director of Information & Technology Jason Power, Communications & Community Affairs Director Ginger Awtry, and Susan McFarland, Communications Specialist. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:21 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. Town Council Minutes 09/22 /14 Page 2 of 8 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE SEPTEMBER 22, 2014, TOWN COUNCIL REGULAR MEETING AGENDA. Mayor Wheat introduced Mrs. Liz Garvin to the Council. Mrs. Garvin applied for the vacancy on the Planning and Zoning Commission. 4. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 5. RECONVENE MEETING 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 7. DISCUSSION ITEMS a. Discussion regarding Amending Westlake Drought Contingency, Water Conservation, and Landscape Ordinances. Director Greenwood provided a presentation and overview of a proposed amendment to the Landscaping ordinance coinciding with the Drought Contingency and Water Conservation amendments listed on the Consent agenda. Discussion ensued regarding any possible incentives and the percentage of water used for landscaping verses the dwelling. b. Discussion regarding the current and proposed Economic Incentive Agreement with the Marriott Solana. Mr. Todd Winch, Marriott Solana, provided a presentation and overview of the proposed economic development partnership. Discussion ensued regarding average per room, reducing the crews business, and the Friends and Family rate. Town Council Minutes 09/22 /14 Page 3 of 8 c. Standing Item: Update and discussion regarding the Granada and Entrada Developments including the Entrada Public Improvement District (PID). Director Greenwood provided an update regarding the landscaping and stone wall and the installation of utilities, duct bank. He stated that paving should be completed in a few weeks and then they will begin installing landscaping along Dove and FM 1938 Davis Boulevard. Director Edwards provided an update regarding Entrada, meetings taking place with the new property owners Blackstone and developer, Planned Improvement District (PID) discussions, and Mr. Moayedi’s involvement with the development. d. Standing Item: Update and discussion regarding Westlake Academy Phase I expansion project and enrollment projections. Director Meyer provided an update regarding the opening of the Fieldhouse. e. Discussion Regarding Various Advisory Boards and the Number of Auxiliary Boards. Town Manager Brymer provided an overview the item. Discussion ensued regarding the how to keep advisory boards engaged, recruitment for those boards, direction/mission statements, funding sources for public art, and residential participation. 8. EXECUTIVE SESSION The Council convened into executive session at 6:39 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the ter ritory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter Town Council Minutes 09/22 /14 Page 4 of 8 including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 9. RECONVENE MEETING Mayor Wheat reconvened the meeting at 7:32 p.m. 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 11. COUNCIL RECAP / STAFF DIRECTION Report from the Historical Board. Council recruiting of residents to serve on advisory boards specifically Public Arts. Create a standing item for discussion regarding advisory boards. 12. ADJOURNMENT Mayor Wheat adjourned the work session at 7:32 p.m. Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 7:32 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSENT AGENDA a. Consider approval of the minutes from the August 25, 2014, meeting. Town Council Minutes 09/22 /14 Page 5 of 8 b. Consider approval of Resolution 14-29, Appointing a new member to the Planning & Zoning Commission. c. Consider approval of Resolution 14-30, Appointing a new member to the Westlake Academy Foundation. d. Consider approval of Resolution 14-31, Adopting the Balanced Scorecard Poster Board containing the vision, values, and mission statements, the strategy map, performance measures and strategic initiatives. e. Consider approval of Resolution 14-32, Approving an Economic Incentive Agreement with the Marriott Solana f. Consider approval of Resolution 14-33, Authorizing the Town Manager to execute a Change Order to increase the contract time of the 1 MG Ground Storage Tank project with RAMA General Contracting by 41 working days. g. Consider approval of Ordinance 734, Amending Chapter 98, Vegetation, Article III, Landscape Requirements, Section 98-83, Sub-Section (C) Irrigation Conservation. h. Consider approval of Ordinance 735, Amending Chapter 94, Utilities, Article II, Water and Wastewater, Section 94-33, Drought Contingency. MOTION: Council Member Stoltenberg made a motion to approve consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. 4. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 736, REGARDING AN AMENDMENT TO ORDINANCE 693, DEVELOPED AS A RESIDENTIAL SUBDIVISION COMMONLY KNOWN AS GRANADA, LOCATED AT THE SOUTHEAST CORNER OF DAVIS BLVD. AND SOLANA BLVD. TO CHANGE THE DEVELOPMENT STANDARDS BY REDUCING THE SIDE YARD SETBACKS FROM TWENTY FEET (20) TO FIFTEEN (15) FEET TO ACCOMMODATE HOMES WITH LARGER FIRST FLOOR FOOTPRINTS. Director Edwards provided an overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 736. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. Town Council Minutes 09/22 /14 Page 6 of 8 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 737, REVISING THE BUDGET FOR THE 2013-2014 FISCAL YEAR; ADOPTING THE BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015 INCLUDING INVESTMENT POLICY, FISCAL AND BUDGETARY POLICIES, RESTRICTED, COMMITTED AND ASSIGNED FUND BALANCES; PROVIDING AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS UP TO $25,000. Assistant Town Manager DeGan and Director Piper provided a presentation and overview of the item. Discussion ensued regarding the issuance of bonds to fund the Fort Worth water department extension of a transmission line, property tax, forecasting revenues, protesting of property taxes, and future tax abatements. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Barrett made a motion to approve Ordinance 737. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 3-0. 6. CONSIDERATION AND DISCUSSION OF ORDINANCE 738, LEVYING TAXES TO BE ASSESSED ON ALL TAXABLE PROPERTIES WITHIN THE TOWN LIMITS OF THE TOWN OF WESTLAKE FOR THE TAX YEAR 2014 (FISCAL YEAR 2014-2015). No additional discussion. MOTION: Council Member Rennhack made a motion to approve Ordinance 738. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. 7. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental Town Council Minutes 09/22 /14 Page 7 of 8 body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 d. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 8. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 10. FUTURE AGENDA ITEMS Council Member Stoltenberg: Discuss the installation of a pedestrian tunnel on J.T. Ottinger Road in front of Westlake Academy. Council member Rennhack seconded this item for additional discussion on a future agenda item. 11. COUNCIL CALENDAR Discussion ensued regarding the conflict of the November Trustee meeting and Baja event. The Council agreed to reschedule the Trustees meeting to November 17, 2014, at 4:00 p.m. Town Council Minutes 09/22 /14 Page 8 of 8 12. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 7:59 p.m. APPROVED BY THE TOWN COUNCIL ON OCTOBER 20, 2014. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 10/06 /14 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL October 6 , 2014 PRESENT: Mayor Laura Wheat and Council Members, Alesa Belvedere, Carol Langdon, Rick Rennhack, and Wayne Stoltenberg. ABSENT: Michael Barrett OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, and Assistant Town Manager Amanda DeGan. Special Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 7:23 p.m. 2. EXECUTIVE SESSION The Council convened into executive session at 7:25 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 3. RECONVENE MEETING Mayor Wheat reconvened the meeting at 7:50 p.m. Town Council Minutes 10/06 /14 Page 2 of 2 4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion to approve Resolution 14-34. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. 5. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 7:50 p.m. APPROVED BY THE TOWN COUNCIL ON OCTOBER 20, 2014. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, October 20, 2014 TOPIC: Consider amending Chapter 90, Article II, Traffic and Speed Control, Division 3, Speed, Section 90-79, Certain Streets. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: October 20, 2014 October 20, 2014 Funding: N/A Amount - N/A Status- N/A Source- N/A Decision Alignment VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action Comprehensive Planning and Management of Natural Resources 10. Investigate and review of environmental preservation and conservation opportunities. SA 09D1: Ordinances Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY With the completion of the SH 114/170 interchange and main lane construction, TxDOT has conducted a speed study to determine the recommended speeds. The project included newly constructed main lanes and modifications to portions of existing roadway which require the Town to adopt /amend our ordinances. While the interchange itself is in Denton County (Dallas District Office), a portion of SH 114 is also within Tarrant County (Fort Worth District Office). Both Districts coordinated their speed study efforts and have provided their recommendations to establish a 65 MPH limit on the main lanes of SH 114 from Lois Street in Roanoke to FM 1938. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval. ATTACHMENTS Ordinance - Exhibit A Ordinance XXX Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. XXX AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 90, ARTICLE II, TRAFFIC AND SPEED CONTROL, DIVISION 3, SPEED, SECTION 90-79, CERTAIN STREETS, SUBSECTION 11 ADDING K THROUGH M AS AMENDED; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, Texas Transportation Code Section 545.356 provides that when the Town of Westlake Town Council determines from the results of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the Town of Westlake, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street of highway, as well as the usual traffic thereon or other circumstances, the Town Council may determine and declare a reasonable and safe prima facie speed limit thereat or thereon said street or highway by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected along that part of the street or highway; and WHEREAS, the Fort Worth District Office of Texas Department of Transportation conducted a speed zone study dated December 3, 2013, for portions of State Highway 114 as show in Exhibit A, specifically Control-Section: 0353-03; and WHEREAS, the Dallas District Office of Texas Department of Transportation conducted a speed zone study dated June 11, 2014, for portions of State Highway 114 as show in Exhibit B, specifically Control-Section: 0353-02 & 09; and WHEREAS, upon the recommendation of the Texas Department of Transportation (TxDOT) the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of public safety, the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That 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 upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of the Texas Transportation Code, Section Ordinance XXX Page 2 of 3 545.356, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof. SECTION 3: That Chapter 90, Article II, Traffic and Speed Control, Division 3, Speed, Section 90-79, Certain Streets, Subsection 11, adding k through m of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: ARTICLE II: Traffic and Speed Control, Division 3, Speed Sec. 90-79. Certain Streets (11) No motor vehicle shall be operated along and upon the main lanes and frontage road lanes of S.H. No. 114 within the corporate limits of the town in excess of: k. Sixty-five miles per hour as (Main Lanes), beginning at Mile Point 0.60; in both easterly and westerly directions for a distance of 1.768 miles zoned at 65 MPH to Mile Point 1.828, approximately located from the Westlake and Southlake city limits to the Denton and Tarrant County line. l. Sixty-five miles per hour, as (Main Lanes) beginning at Mile Point 020.604 in both easterly and westerly directions for a distance of 0.319 miles zoned at 65 MPH to Mile Point 020.285, approximately located from Trophy Club Drive/Westlake Parkway to a point east of Trophy Lake Drive. m. Sixty miles per hour, as (Main Lanes), beginning at Mile Point 020.285 in both easterly and westerly directions for a distance of 0.217 miles zoned at 60 MPH to Mile Point 020.068, approximately located from a point east of Trophy Lake Drive to the Westlake/Roanoke city limits. SECTION 4: That all provisions of this Ordinance shall remain in full force and effect. SECTION 5: 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 6: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed the maximum amount allowed by law. SECTION 7: 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 Ordinance XXX Page 3 of 3 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 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 20th DAY OF OCTOBER 2014. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney RES. SIGHT DISTANCE BALL BANK or ADVISORY SPEED CURVES OVER 2 GRADES OVER 3% SURFACE WIDTH AND TYPE R.O.W. AND RDBD. WIDTH ACCIDENTS DEVELOPMENT RES. SIGHT DISTANCE BALL BANK or ADVISORY SPEED CURVES OVER 2 GRADES OVER 3% SURFACE WIDTH AND TYPE R.O.W. AND RDBD WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH ZONE SPEEDS MPH ZONE LENGTHS MILE DATE OF SURVEY SCALE LIMITS OF ZONE SECTION ONE LENGTH MILES SECTION TWO LENGTH MILES BEGINS BEGINS ENDS ENDS STA. OR M.P.STA. OR M.P.CONT. & SECT.CONT. & SECT.PROJECT STA. OR M.P.CONT. & SECT.PROJECT STA. OR M.P.CONT. & SECT.PROJECT PROJECT TOWARD TOWARD 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENT PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE SPEED ZONE DIST. FORT WORTH DEVELOPMENT DENTON COUNTY DALLAS COUNTY HIGHWAY COUNTY CITY P C P T S192400.0E D O V E R D D O V E R D MP2.0 P C P T S192400.0E D O V E R D D O V E R D MP2.0 6 0 " P P T S363215.0E 6 0 2 M P 1 . 5 7 6 MP1.0 MP1.5 T W KI N G WESTLAKE K I R K WO O D K I R K WO O D WE S T L A K E C I T Y L I M T S C I T Y L I M T S S O U T H L A K E TROPHY CLUB CITY LIMITS CI T Y LI M T S S O U T H L A K E C IT Y L I MT S T R O P H Y C L U B M P 0 0 . 0 6 0 T R O P H Y WO O D D R C O UN T Y L IN E D E N T ON C OU N T Y L IN E T A RR AN T M P 0 1 . 8 2 8 64 74 143 T R O P H Y B R A N C H MP0.5 SPEED LIMIT 65 SPEED LIMIT 65 SPEED LIMIT 65 6 0 2 MP 1 . 5 8 3 68 74 126 SPEED LIMIT 65 70 79 145 68 79 126 65 69 131 67 74 125 69 79 131 0 0 0 . 0 6 0 0 0 0 . 0 6 0 DIST 0 0 0 . 2 3 2 DIST 0 0 0 . 5 7 4 P C 0 0 0 . 7 4 1 0 0 0 . 7 5 2 6 0 0 0 0 0 . 8 9 1 6 0 0 0 0 0 . 8 8 8 68 74 67 72 151 139 65 MPH 1.768 MILES 65 MPH 4.923 MILES 65 MPH 1.768 MILES 65 MPH 1.768 MILES 65 MPH 1.768 MILES 65 MPH 1.768 MILES 65 MPH 1.768 MILES 65 MPH 4.923 MILES SPEED LIMIT 65 SPEED ZONE CONT 0353 SECT 03 DCFJ/DEC-13/TARRANT/WESTLAKE, SOUTHLAKE, GRAPEVINE/SH 114-ML*2014 TARRANT SH 114 1"= 0.1 MI AND GRAPEVINE WESTLAKE, SOUTHLAKE, DENTON / TARRANT COUNTY LINE 0.060 0353-03 0353-037.152 MERGER WITH SH 26 7.152 0353-03 MERGER WITH SH 26 0353-039.331 SPLIT FROM SH 26 LENGTH MILES BEGINS ENDS STA. OR M.P.CONT. & SECT. STA. OR M.P.CONT. & SECT.PROJECT PROJECT 9.331 0353-03 0353-0311.211 SECTION THREE SPLIT FROM SH 26 TARRANT / DALLAS CONUTY LINE 7.092 2.179 1.880 N 350 FT ~ R.O.W. & 56 FT ROADBED350 FT ~ R.O.W. & 41 FT ROADBED 2 ~ 12.5 FT CONC LNS ~ 6 FT SHLDRS LT & 10 FT SHLDRS RT 350 FT ~ R.O.W. & 41 FT ROADBED 350 FT ~ R.O.W. & 41 FT ROADBED 2 ~ 12.5 FT CONC LNS ~ 6 FT SHLDRS LT & 10 FT SHLDRS RT 350 FT ~ R.O.W. & 41 FT ROADBED 350 FT ~ R.O.W. & 56 FT ROADBED 3 ~ 12 FT CONC LNS ~ 10 FT SHLDRS LT AND RT 3 ~ 12 FT CONC LNS ~ 10 FT SHLDRS LT AND RT 350 FT ~ R.O.W. & 56 FT ROADBED 350 FT ~ R.O.W. & 56 FT ROADBED COMMERCIALUNDEVELOPEDUNDEVELOPED RESIDENTIALUNDEVELOPED UNDEVELOPED UNDEVELOPEDCOMMERCIALCOMMERCIAL 12-3-13 F M 1 9 3 8 D A V IS B L V D Ord 739 Exhibit A Or d 73 9 Ex h i b i t B Or d 73 9 Ex h i b i t B Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, October 20, 2014 TOPIC: Consider approval of a Resolution amending the Town of Westlake Mobile Phone policy and its inclusion into the Town of Westlake Personnel Manual. STAFF CONTACT: Todd Wood, Director of HR & Administrative Services DECISION POINTS Start Date Completion Date Timeframe: October 1, 2014 Funding: $7,680 annually Status- Funded Source- General Fund Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Provide Outstanding Service and Program Delivery Strategic Issue Outcome Strategy Staff Action Fiscal Stewardship & Organizational Effectiveness 2. Technology and Equipment Investment SA 02.3: Technology Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Staff has drafted a proposed amendment to the current Employee Mobile Phone policy, which currently addresses only Town issued-mobile phones. The existing policy was adopted approximately ten years ago, and does not adequately address current organizational or technology needs of municipal staff in providing services to our residents. Amendments to this policy include adding a monthly mobile phone allowance for Department Heads, subject to Town Manager approval. For several years, nearly all Town Department Heads have utilized their personal mobile phones for Town business. The mobile phone allowance is intended to offset expenditures incurred by employees for Town business, as well as the cost for reasonable wear-and-tear to their personal devices. This allowance would not be available to employees who have a Town-issued mobile phone. The policy also adds procedures for reimbursement of mobile phone charges incurred by employees who use their personal phones for Town business. The reimbursement option would be available to employees who do not receive a mobile phone allowance, and do not have a Town-issued mobile phone. The proposed policy would support the continuation of outstanding service and program delivery while helping to promote the accessibility of staff members for our stakeholders. All associated costs have been included in the budget for this fiscal year and are being held until Council reviews the proposed policy and provides staff with direction regarding this matter. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval of this Resolution. ATTACHMENTS Exhibit “A” – Town of Westlake Employee Mobile Phone Policy Resolution 14-XX Resolution 14-35 Page 1 of 5 TOWN OF WESTLAKE RESOLUTION 14-35 A RESOLUTION OF THE WESTLAKE TOWN COUNCIL APPROVING AMENDMENTS TO THE TOWN’S MOBILE PHONE POLICY AND ITS INCLUSION INTO 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 o f 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 WESTLAKE TOWN COUNCIL: 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 attached to this resolution as Exhibit “A, and its inclusion into the Town of Westlake Personnel Manual. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 14-35 Page 2 of 5 SECTION 4: That this Resolutio n shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 20TH DAY OCTOBER , 2014. ___________________________________ ATTEST: Laura Wheat, Mayor ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 14-35 Page 3 of 5 Exhibit “A” Employee Mobile Phone Policy Town-issued Mobile phones Mobile telephones acquired through the Town are for official use. Personal calls, except in extreme emergency, will not be paid for by the Town. Employees assigned mobile phones, either on a temporary (shared) basis or full time, are responsible for appropriate use and safekeeping. Using a Mobile telephone while operating a motor vehicle is strongly discouraged, employees should plan calls either before or after operating a motor vehicle. Employee Mobile Phone Allowance The mobile phone allowance is designed to offset the cost to the employee for using his/her personal device for Town business. At the sole discretion of the Town Manager, eligible employee may receive a mobile phone allowance in lieu of a Town-issued mobile phone. If approved for a mobile phone allowance, the employee shall enter into a Mobile Phone Allowance Agreement with the Town. The Town will not provide technical support for personal mobile phones, except for limited support for data communication with the Town’s network for those authorized to have the ability to do so. Eligibility: Employees eligible for a mobile phone allowance include Department Heads, full- time employees whose job duties regularly require emergency call back, irregular work hours, or other job-related factors that require the employee to routinely utilize a mobile phone to effectively perform their job duties. To qualify for a Mobile Telephone Allowance, an employee must not also have a Town issued phone. An eligible employee must return any Town-issued mobile phone prior to receiving a mobile phone allowance. Allowance Amount: The employee mobile phone allowance amount shall be $80.00 per month. No further reimbursement for mobile phone expenses (including accessories, usage fees, or other charges) is available to employees who receive a mobile phone allowance. Payroll Processing: Payments equaling one-half (50%) of the monthly mobile phone allowance shall be included on the eligible employee’s paycheck twice per month, subject to all applicable taxes and deductions under federal and state law. This allowance does not constitute an increase Resolution 14-35 Page 4 of 5 to base pay, and will not be included in the calculation of percentage increases to base pay due to salary increases, promotions, reclassification, etc. Employee Responsibilities: The emp loyee must retain an active mobile phone contract as long as a mobile phone allowance is in place. The employee must provide their department head with their current mobile phone number and provide immediate notification if the number changes. Employees receiving a mobile phone allowance are expected to carry the mobile phone on their person, both on and off duty, and respond when called for Town business. Missed calls should be returned promptly; no later than the following business day. Employees receiving a mobile phone allowance are required to notify their supervisor in advance the employee anticipates they will be inaccessible by mobile phone. Employees may choose the mobile service provider and plan design of their choice. Use of the phone in any manner contrary to local, state, or federal laws will constitute misuse, and may result in immediate termination of the mobile phone allowance. An employee receiving a mobile phone allowance is solely responsible for replacing his/her personal mobile phone within five (5) business days if it is stolen, lost, or damaged. The employee must notify the Town of any lost or stolen device so the Town may take any action against unauthorized access to Town information. Allowance Termination: If an employee resigns, is terminated, transfers to a different department, or no longer qualifies for the mobile services allowance program, the allowance will be terminated. In the case of a resignation and/or termination, an allowance termination request is not required. If, prior to the end of the mobile services contract, either through a personal decision, employee misconduct/misuse, or an Town decision unrelated to employee misconduct, the employee needs to end or change the contract, the employee will bear the costs of any fees associated with termination of the service contract. Employees unable to purchase, maintain, carry and use an electronic communication device and/or services for business use (e.g., due to financial hardship) are required to notify their supervisor and the supplemental compensation will end immediately. If the employee terminates the mobile services contract at any point, he/she must notify their supervisor within five (5) business days to terminate the allowance. A delay in the notification may require a corrective payroll action to recover employer costs. Mobile Phone Reimbursement If a Town employee's position and/or responsibilities do not include the need for a Town issued mobile phone, employees may request reimbursement for the actual expenses of business-related mobile phone calls. Reimbursement for voice or data charges is limited to the total overage charge shown on the invoice; expenses for minutes included in the plan will not be reimbursed. Resolution 14-35 Page 5 of 5 The individual should make personal payment to the provider, and then should submit a request for reimbursement, identifying the business purpose. If personal use typically exceeds business use on a wireless phone, the employee should provide his/her own phone and submit reimbursement requests for business calls. A copy of the wireless phone bill, detailing the individual calls to be reimbursed, must accompany the reimbursement request. Although most wireless carriers do not include detailed phone records in their monthly statements, the information is readily available online from most major providers. Reimbursement documentation should identify the business purpose. Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, October 20, 2014 TOPIC: Consider approval of a Resolution approving Blue Cross/Blue Shield as the Town’s health insurance carrier. STAFF CONTACT: Todd Wood, Director of HR & Administrative Services Amanda DeGan, Assistant Town Manager DECISION POINTS Start Date Completion Date Timeframe: November 1, 2014 October 31, 2015 Funding: Amount – $397,095 Status- Funded Source - General Fund Decision Alignment VVM Perspective Desired Outcome Service Excellence Employee Investment and Support EIS.Attract & Retain a Highly Skilled Workforce Committed to Service Excellence Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY During this past budget season, we discussed with the Council a potential change in our health insurance plans based on several factors, including newly mandated federal requirements associated with the Affordable Care Act. In September, staff issued a Request for Proposals (RFP) to obtain a wide variety of options that would be evaluated based on our financial capacity and our desire to provide a good health plan for our employees. We received hundreds of plan options from various carriers and filtered those according to several factors, including: • Overall cost (employer and employee) • Coverage for major items and preventative care • Network of providers to ensure accessibility • Schedule of Plan benefits • Stability/experience of the company providing the insurance • Out -of-pocket expense exposure To ensure this topic was considered from multiple viewpoints, we conducted a survey of each municipal staff member and asked them to rank what they valued most with their health insurance benefits. The Senior Leadership Team recently met to discuss eight (8) options, using our budget allocations and input from the employee survey. In select ing t he recommended plan, the team felt it was important to strike a proper balance between providing good coverage that meet s our needs while exercising fiscal responsibility. Based on discussions at a recent Council meeting, the team also evaluated three (3) HSA plans in addition to our current carrier’s submittal through Blue Cross/Blue Shield and comparable PPO plans with TML and United Healthcare. Staff recommends continuing with Blue Cross/Blue Shield as our health insurance provider with a dual-option HMO/PPO plan, as well as continuing to offer flexible spending account s (employee funded) for eligible out -of-pocket expenses. The approximate annual cost of the plan is $397,095, and is 4% less than estimates included in the FY 14/15 budget. ORGANIZATIONAL HISTORY/RECOMMENDATION Approval of the Blue Cross/Blue Shield as the health insurance carrier for the plan year. ATTACHMENTS Resolution Resolution 14-36 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 14-36 A RESOLUTION OF THE WESTLAKE TOWN COUNCIL APPROVING RENEWAL OF BLUE CROSS/BLUE SHIELD AS THE TOWN’S HEALTH INSURANCE CARRIER. WHEREAS, Town of Westlake desires to maintain a comprehensive health insurance benefit for its employees that is competitive to surrounding cities; and WHEREAS, the leaders of the Town of Westlake desire to exercise exceptional levels of stewardship with all financial resources; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the employees and citizens of the Town of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE WESTLAKE TOWN COUNCIL: 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 renewal of Blue Cross/Blue Shield as the Town health insurance carrier for a twelve (12) month period, beginning November 1, 2014. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 14-36 Page 2 of 2 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 20TH DAY OCTOBER, 2014. ___________________________________ ATTEST: Laura Wheat, Mayor ________________________________ ___________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney EXECUTIVE SESSION a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners -Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in wh ich the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 4 – Executive Session Town of Westlake Item # 5 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Chapter including but are not limited to the following: Town of Westlake Certificate of Convenience & Necessity (CCN) for water and sewer service. c. Section 551.071(2) Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Trophy Club Municipal District Number 1 Town of Westlake Item # 6 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #7 - Future Agenda Items COUNCIL CALENDAR  WA Homecoming Game & Senior Night for Football Players Friday, October 17, 2014; WA Athletic Fields 2:15 Pep Rally in Gym; 4:30 PM - Jr. High game; 7:00 p.m. – Varsity Game w/ Sr. Spotlight  Westlake Annual Car Show; Hosted by the WHPS Saturday, October 18, 2014; 11:00 a.m. – 4:00 p.m. (Awards at 3 pm!) Larry North Fitness at Solana - east parking lot  Westlake Town Council Workshop & Meeting Monday, October 20, 2014  Westlake Academy Annual New Parents Reception (Dinner) Tuesday, October 21, 2014; 6:30 p.m. Home of Doug & Laura Wheat  Westlake Academy Monster Mash; Hosted by the WA HOC Saturday, October 25, 2014; 4:00 – 11:00 p.m. WA Campus  Comp Plan Steering Committee Meeting Wednesday, October 29, 2014; 6:00 p.m. Council Chambers/Courtroom  Westlake Baja; Hosted by the WAF Monday, November 3, 2014; 5:00 pm Vaquero Club  Glenwyck Farms Neighborhood Town Meeting Thursday, November 6, 2014; 6:30 p.m. Home of Daniel Tews Town of Westlake Item # 8 – Council Calendar Town of Westlake Item # 9 – Adjournment Back up material has not been provided for this item.