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Home My WebLink About10-20-15 TC Agenda Packet • / r Meeting of the Town of /wn Council will begin Immediately following of the Town I I I/ but I prior I the posted statt time. TOWN OF Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL AGENDA October 20,, 2015 3 VILLAGE CIRCLE, SUITE 1 2 ND FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Workshop • 5:00 • Regular • 1 • Page 1 of 5 Mission Statement Westlake is a unique community b/ending 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 ofservice." Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE OCTOBER 20, 2015, TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (There will no presentations associated with the report items.) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Presentation and discussion of the 3rd and 4th Quarter Performance Measures for Fiscal Year ending September 30, 2015. S. DISCUSSION ITEMS a. Review and discussion of proposed Ordinance Regulating Smoking. (15 min) b. Review and discussion of a mutual boundary adjustment with the City of Southlake amending the Town Boundary Map. (15 min) c. Standing Item: Update and discussion regarding the Granada Development. d. Standing Item: Update and discussion regarding the Entrada Development. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (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 and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Page 2 of 5 9. COUNCIL RECAP / STAFF DIRECTION 10. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minute from the September 14, 2015, meeting. b. Consider approval of the minutes from the September 21, meeting. c. Consider approval of Resolution 15-25, Authorizing the Town Manager to enter into an Interlocal Agreement with the City of Roanoke and Trophy Club Municipal Utility District No. 1 for Automatic Mutual Aid for Fire Emergencies. d. Consider approval of Resolution 15-28, Approving amendments to the Town of Westlake Personnel Manual. e. Consider approval of Resolution 15-29, Approving an Interlocal Agreement (ILA) for Automatic Aid between City of Keller and Town of Westlake. f. Consider approval of Resolution 15-30, renewing Blue Cross/Blue Shield as the Town's health insurance carrier. g. Consider approval of Resolution 15-31, Amending the Economic Development Agreement with the Marriott Solana. h. Consider approval of Ordinance 754, Approving a Mutual Boundary Adjustment and Amending the Town Of Westlake Official Town Limit Boundary Map. Page 3 of 5 S. CONTINUED CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE REGARDING A ZONING CHANGE FROM R 1 ""ESTATE RESIDENTIAL"TO PD-6 "PLANNED DEVELOPMENT - SINGLE-FAMILY RESIDENTIAL DISTRICT KNOWN AS WESTLAKE MEADOWS." THE SUBJECT PROPERTY IS APPROXIMATELY 8.8 ACRES LOCATED EAST OF SAM SCHOOL ROAD AND NORTH OF THE TOWN LIMITS, FURTHER DESCRIBED AS TRACTS 7A13A1A1, 7A2, AND 7B OF THE RP ESTES SUBDIVISION, AND TRACTS 1A, AND 1A1 OF THE JAMES B MARTIN SURVEY. 6. DISCUSSION AND CONSIDERATION OF ORDINANCE 755, AMENDING CHAPTER 46, HEALTH AND SANITATION, ADDING ARTICLE VI, SECTIONS 46-180 THROUGH 46-183, REGULATION OF TOBACCO PRODUCTS AND SMOKING. 7. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. 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 and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites c. 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 S. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 10. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under "Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Page 4 of 5 11. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, October 14, 2015, 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. Page 5 of 5 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. " Town of Westlake Item # 3 — Review of Consent Agenda Items 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 minute from the September 14, 2015, meeting. b. Consider approval of the minutes from the September 21, meeting. c. Consider approval of Resolution 15-25, Authorizing the Town Manager to enter into an Interlocal Agreement with the City of Roanoke and Trophy Club Municipal Utility District No. 1 for Automatic Mutual Aid for Fire Emergencies. d. Consider approval of Resolution 15-28, Approving amendments to the Town of Westlake Personnel Manual. e. Consider approval of Resolution 15-29, Approving an Interlocal Agreement (ILA) for Automatic Aid between City of Keller and Town of Westlake. f. Consider approval of Resolution 15-30, renewing Blue Cross/Blue Shield as the Town's health insurance carrier. g. Consider approval of Resolution 15-31, Amending the Economic Development Agreement with the Marriott Solana. h. Consider approval of Ordinance 754, Approving a Mutual Boundary Adjustment and Amending the Town Of Westlake Official Town Limit Boundary Map. Town of Westlake Item # 4— Reports REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Presentation and discussion of the 3rd and 4th Quarter Performance Measures for Fiscal Year ending September 30, 2015. k ' , estlake Town Council N TYPE OF ACTION Workshop -Report Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Presentation and discussion of the 3rd and 4"Quarter Performance Measures for Fiscal Year ending September 30, 2015 STAFF CONTACT: Amanda DeGan, Assistant Town Manager DECISION POINTS Start Date Completion Date Timeframe: October 1, 2014 September 30, 2015 Funding: Amount- N/A Status- ®N/A Source- N/A Strategic Alignment Vision,Value,Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service&Governance -We set the standard by delivering Increase Transparent/Integrity- Municipal& unparalleled municipal and Transparency, c driven Government Academic Operations educational services c the lowest Accessibility& Communications cost. Strategic Initiative Outside the Scope of Identified Strategic Initiatives EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As we continue to refine and develop our Strategic Plan, staff will report on the performance measures that were reviewed with the Council in 2014. The measures are designed to capture our progress on each strategic objective within our Tier One strategy map and provide us with valuable data to help guide our budgeting and planning efforts. Having recently presented the budget and the corresponding financial information for the final quarter and the new fiscal year, we did not include the same information in this report. Page 1 of 2 The current measures will be continually reviewed and modified to collect the best data possible for Council review. As mentioned during our budget retreat, staff has recently attended a week- long performance measurement workshop and will be working with our objective owners to gather historical information to help us identify any trending data and establish a baseline for performance. A combination of both operational, intermediate and outcome based measures are routinely gathered and will be presented to Council. We will also review the existing (approved) measures to determine if we need to expand our report in the coming fiscal year. RECOMMENDATION Review of the performance measures. ATTACHMENTS Measures Report Page 2 of 2 Town of Westlake Performance Measurements 3 ' a and 4 ' " Quarters - FY 14 / 15 M' - +� anLnNeec+ °RrouP Town of Westlake - ` Ex .Ts INSTITUTE / 2,f lCl/G& Srr®rePr�loupeneat Group Citizen, Student & Preserve Desirability & Increase CSS Stakeholder Quality of Life Satisfaction Financial Increase Increase Financial Revenue Stewardship Capacity / Streams Reserves Municipal & Academic Encourage Increase Operations Maximize Westlake's Transparency, Efficiencies & Unique Sense Accessibility & Effectiveness of Place Communications People, Attract, Recruit, Improve Optimize Facilities & Retain & Develop Technology, Planning & the Highest Facilities & Development Technology Quality Workforce Equipment Capabilities MOP- People, Improve Optimize Retain & Develop Technology, Planning & Facilities & the Highest Facilities & Development Quality Workforce Equipment Capabilities Technology Time to Fill Q3 2014 - 2015 80 60 u1 a C] 40 r— Q St V M\ A M M N N a 20 0 College 'Student Admin SPED& PYP MYP MYP Eng& MYP Counselor Svcs. Asst Speech PYP-K PYP-1 PYP 1 PYP-5 Spanish Coord. Spanish Science Hum. Hum MYP PE DP Mum, DP Eng. QP Math tTtme To T 9 1 59 1 12 1 71 1 30 46 W 24 57 80 16 34 21 16 27 11 17 8 35 ::]_�lGaal 30 30 30 30 30 30 30 30 30 1 30 1 30 30 30 30 30 30 This chart (and the one following) depicts the number of days required to fill positions in the organization — our benchmark is a 30 day hiring cycle (red line) and the actual days is shown on the blue line. This information reflects the 3rd quarter (the busiest hiring season) for FY 14/15. Improve Optimize People, Retain & Develop Technology, Planning & Facilities & the Highest Facilities & Development Quality Workforce Equipment Capabilities Technology Time to Fill Q4 2014-2015 80 60 R3 40 20 0 DP Principal SPE❑Aide SPED Aide SPED Aide MYP Dean Admin PYP-3 PYP-5 Nurse IT tTime To Fill 18 70 10 54 28 25 32 28 28 34 (Goal 30 30 30 30 30 30 30 30 30 30 People, Improve Optimize Ode Technology, Planning &Facilities & Facilities & Development Equipment Capabilities Technology Organizational & Professional Development Investment This chart represents the $250,0 00.00 reinvestment in our organizational $230,000.00 $210,000.00 and staff development efforts over $190,000.00 $170,000.00 the 3rd & 4t" quarter. $150,000.00 $130,000.00 $110,000.00 — $90,000.00 $70,000.00 $50,000.00 $30,000.00 $10,000.00 Q3 Q4 s!Municipal&Academic Budget $160,98266 $142,056.66 $7�,o32zo sn.99s_3o Academic&MunicipaI Services Turnover - Q3 &Q4 Expenditures 25 20 Data that monitors our turnover ratio and noting whether the 15 d - employee left due to a personal d d 0 io choice (relocation, etc.) or if W `oe O they were terminated from their xe S 3!Z position. Helps determine the stability of our departments. ° Apr-15 May-15 Jun 15 ,,,® Aug.15 Sep ■■AGad @n1iC 15-Jul p Y -Jpr g Municipal Twnw, O O O O O T.M.1r O O 18 2 O People, Improve Optimize Retain = Develop 11 Technology, Planning & Facilities & the Highest Facilities & Development Quality Workforce Equipment Capabilities Technology 2014 Employee Survey Results 2015 Employee Survey Results 100% 100% 909'0 90% 80% N 80% 9r Ln a) 70% m 70% 60% O 60%CL E CL so% so% .'' W 4- 40% O 40% O 0 30% 30% 20% 20% 10% 10% 0% 0% Percentage 1 ■%of Employees Satifsfied with ■%of Employees Satifsfied with Benefits Pkg 68% Benefits?kg 96°% ■% of Employees believe the ■% of Employees believe the Organization is Dedicated to 649'0 Organization is Dedicated to 85% Professional Development Professional Development ■ %of Employees Believe they ■%of Employees Believe they receive the Training Needed to 80% receive the Training Needed 92% do their Job well to do their Job well ■%of Employees get a sense of ■%of Employees get a sense of personal satisfaction from 961Y. personal satisfaction from 88% their job their job ■%of Employees given flexiblity 91% ■%of Employees given flexiblity 96% and autonomy and autonomy ■%of Employees feel teamwork 87% ■%of Employees feel teamwork 96% is encouraged is encouraged The charts show gains in many areas of our municipal employee survey. People, Improve Optimize Technology, Planning &Facilities & Facilities & Development Oillp Equipment Capabilities Technology The Forfeited Vacation data represents the 325 number of hours our salaried employees 275 forfeited by quarter. This provides a data 225 M 44- 14/15 point that may help us identify workload M Q3 - 14/15 imbalance and areas of service where more 175 .Qz - 14/15 'depth' is needed in a department. 125 ■Q1 - 14/15 7s 25 Forfeited Vacation Hours Hourly Payroll Overtime Costs (Salaried Employees) $450,000 This chart indicates the budgeted quarterly $400.00 payroll for hourly employees and the total $350,000 " amount we are paying out in overtime , $300,000 .. _ costs. This may also be a data point to $250,000 determine imbalances in staffing levels and/or identify areas for improvement in $200,000 our processes. An average, we are $150,000 spending 14% in OT costs for hourly staff $100,000 41-as/is Qz-is/is 43-�.a/is members each quarter. Q4-14115 Municipal & Maximize Encourage Efficiencies & Westlake's Transparency, Academic Effectiveness Unique Sense ; of Place L Communications Operations Municipal Facebook Page 1200 The data tracks the success we have had 1000 in reaching the public and promoting the Likes, objective of increasing communications 800 Comments, with our stakeholders. Staff monitors 600 quality Shares per Post the lit of the content on our page Page Likes q y p g and ensures we are providing timely 400 information to help inform our `friends' 200 on Facebook. 0 Q1 Q2 Q3 Q4 Municipal Twitter Page 2500 This graph indicates the fiscal year inaugural data for our Twitter page by 2000 quarter. We have had a 500% increase in Profile Visits 1500 the average number of Followers, Mentions, & Re-tweets of our posts since Followers, 1000 1916 1741 we began the site. Mentions, 174 Re-tweets (A Profile Visit is a visitor who clicks on our page 500 and reviews our tweets) 0 184 149 Q1 Q2 Q3 Q4 Municipal & Maximize Encourage Efficiencies & Westlake's Academic Effectiveness Unique Sense ; of Place Communications Operations Westlake Wire Communications The data depicts the number of emails 16,000 we send to stakeholders on a quarterly 14,000 basis and also the number that are 12,000 opened and presumably read by the 10,000 recipient. We have maintained an 8,000 EmailsSent average reading rate of 52% for the fiscal 6,000 Reach of year Westlake Wire 4,000 2,000 Municipal Website - 25,000 23,186 Q1 Q2 Q3 Q4 20,917 21,450 20,000 17,752 u 15,000 Q1 The staff is also tracking the number of ■Q2 monthly visitors we have to our municipal 10,000 Q3 web page. We had an 23% increase in the /� Q4 number of `hits' to the page from the Q1 5,000 to Q4 of the fiscal year 0 Monthly Visitors-23%Increase in Traffic for FY Municipal & Maximize T IrFPE`nCO Efficiencies & Transparency, Academic Effectiveness ' Accessibility Operations Z,% of Place Communications 3rd & 4th Quarter Attendance at Events The data indicates the estimated (or 120 count) number of residents/visitors we 100 98 had at each event held during the 80 quarter listed on the chart. This 60 information can help us identify those 40 0 3rd &4th Quarter- events that are important to the 40 Events(Only) community. 20 0 New Resident WHPS Events Concerts 3rd & 4th Quarter Attendance at Meetings Reception 10 - 9 8 7 The chart shows the number of attendees 6 at the Town Council and P& Z meetings and 5 g 4 o Attendees the number of speakers at each event. We 3 HSpeakers are also tracking the salient topic that 2 might affect the number of o attendees/speakers. Municipal & Increase • Transparency, Academic 'Effectiveness Unique Sense Accessibility & Operations • Communications 16 15 The chart reports the number of plans 14 that are turned in for review and meets 12 our standards on first submittal. As we 10 10 have begun the development of 8 1i Submitted Granada, the numbers have slipped due 6 6 Met Standards (1st t0 the building requirements. Our L-j 6 4 4 Submittal) annual average is 64% of meeting 4 standards on first submittal. z 0 Q1 Q2 Q3 Q4 Planning Hours 25 22.5 The municipal staff members meet zo regularly to discuss our mission, 17 organizational values, team development 15 13.5 1 and service delivery methods in order to further our efforts in creating a high 10 performance organization for the 5 l community. 0 Q1 Q2 Q3 Q4 Town of Westlake Item # 5 — Discussion Items DISCUSSION ITEMS a. Review and discussion of proposed Ordinance Regulating Smoking. (15 min) b. Review and discussion of a mutual boundary adjustment with the City of Southlake amending the Town Boundary Map. (15 min) c. Standing Item: Update and discussion regarding the Granada Development. d. Standing Item: Update and discussion regarding the Entrada Development. k ')estlake Town Council 4 TYPE OF ACTION Workshop -Discussion Item Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Review and Discussion of proposed Ordinance Regulating Smoking STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision,Value,Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service & Governance -We set the Informed &Engaged Encourage Citizen, Student standard by delivering Citizens / Sense of & Stakeholder unparalleled municipal and Westlake,s Unique Community educational services at the Sense of Place lowest cost. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 20, 2015 Completion Date: October 20, 2015 Funding Amount: N/A Status - ® N/A Source -N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Town staff previously presented information regarding a public smoking ordinance to Council at the Town Council Workshops on June 15, 2015 and on August 25, 2015. Staff has developed a communication plan that will include information regarding the new smoking ordinance on our website (with a timely spotlight on the homepage), post on Town social media sites, feature in upcoming Westlake Wire and WA Communique emails, and also include in an upcoming Simply Westlake issue. We will also be working with our corporate stakeholders to develop a communication plan specific to their campus. The attached draft smoking ordinance for Council review and discussion is based on Council direction to prohibit smoking in the Town's parks/trails and within 25' of an entrance to any public building and is proposed to go into effect January 1, 2016. Page 1 of I f f k ' estlake Town Council TYPE OF ACTION Workshop -Discussion Item Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Discussion of a mutual boundary adjustment with the City of Southlake amending the Town Boundary Map. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design&Development-We Optimize Planning Planned/Responsible Fiscal are a desirable well planned, &Development Development Stewardship high-quality community that Capabilities is distinguished by exemplary design standards. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 20, 2015 Completion Date: October 20, 2015 Funding Amount: N/A Status - ® N/A Source -N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Over the past several months, staff has been working with Centurion American regarding plans to develop a portion of property within Westlake, immediately north of the Southlake Meadows subdivision that is currently under construction, referred to as Westlake Meadows. Based on discussions between Westlake and Southlake staff regarding Westlake Meadows' unorthodox layout, a boundary adjustment to bring in the approximate 8.8 acres into the City of Southlake would result in a better planned development and more efficient service delivery. There are several challenges that merit a boundary adjustment: • The physical layout does not provide direct access for Town of Westlake emergency response and may add to confusion for future residents that may believe they are in Southlake during emergency or non-emergency situaitons. Page 1 of 2 • The developer will have to install redundant infrastructure in order for the 9 lots to be served by Town of Westlake utilities and would add unmetered sanitary sewer flows and complicate utility service provisions between both municipalities as well as potentially creating confusion for future residents. • The impact of additional 9 lots to Westlake Academy ATTACHMENTS Proposed Ordinance with attachment "Exhibit A"—tract map and legal description (link to Item 4h on the regular session agenda) Page 2 of 2 . F1 x. I k ROUNDABOUT IMPROVEMENTS AERIAL EXHIBIT �P WESTLAKE/SOUTHLAKE MEADOWS Legend TARRANT COUNTY, TEXAS y� Westlake Meadows SITE PLANNING CIVIL ENG1N] NG PLATTING va CONSULTANTS, LLC a� 0 Southlake Meadows LAND SURVEYING 1.ANDSCAPEARCtuT'ECrURE �n 111 Hillside Drive•Lewisville.TX 75057•P:972.436.9712•F:972.436.9715 ° 144 Old Town Blvd.North,Ste 2•Argyle,TX 76226•P:940.240.1012•F:940.240.1028 wr TBPE'Firm No.1798 TBPLS Firm No.10047700 i° DRAWN BY:JCM DATE: 10/9/2015 SCALE.-I" = 500' JOB. NO.14105 Town of Westlake Item # 5c — No Supporting documentation Standing Item: Update and discussion regarding the Granada Development. Town of Westlake Item # 5d — No Supporting documentation Standing Item: Update and discussion regarding the Entrada Development. Town of Westlake Item # 6 — Executive Session 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 and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 7 — Reconvene Meeting Town of Westlake Item # 8 — Take any Necessary Action, if necessary 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 and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item #9 Council Recap / Staff Direction COUNCIL RECAP / STAFF DIRECTION Town of Westlake Item # 10 — Workshop Adjournment Town of Westlake ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following Item # 2 items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; Items of Community (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent Interest threat to public health and safety. ✓ Westlake Classic Car Show; Hosted by the WHPS Saturday, October 17, 2015; 11:00 a.m. —4:00 p.m. (Awards at 3:00 p.m.) Larry North Fitness in Solana; East Parking Lot ✓ Westlake Baja; Hosted by Westlake Academy Foundation Monday, October 19, 2015; 5:00 — 11:00 p.m. Vaquero Club ✓ Town Council Workshop & Meeting Tuesday, October 20, 2015 (Date changed due to Baja) ✓ WA Homecoming "Under the Lights" Friday, October 23, 2015; Varsity plays at 6:00 p.m.; JV plays at 4:30 p.m. WA Athletic Fields ✓ Annual Monster Mash; Hosted by WA House of Commons Saturday, October 24; 3:00 —9:00 pm WA Campus ✓ WA Football "Senior Day"Game Saturday, October 31, 2015; 1:00 p.m. (Varsity) WA Athletic Fields ✓ Coffee &Conversation with Mayor Monday, November 2, 2015; 8:00 —9:30 a.m. Please note: Location change due to Marriot renovations *Check Town's website for location this month! ✓ Board of Trustees Workshop & Meeting Monday, November 2, 2015 Town of Westlake Item # 2 — Citizen Comments 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 # 4 — Consent Agenda 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 minute from the September 14, 2015, meeting. b. Consider approval of the minutes from the September 21, meeting. c. Consider approval of Resolution 15-25, Authorizing the Town Manager to enter into an Interlocal Agreement with the City of Roanoke and Trophy Club Municipal Utility District No. 1 for Automatic Mutual Aid for Fire Emergencies. d. Consider approval of Resolution 15-28, Approving amendments to the Town of Westlake Personnel Manual. e. Consider approval of Resolution 15-29, Approving an Interlocal Agreement (ILA) for Automatic Aid between City of Keller and Town of Westlake. f. Consider approval of Resolution 15-30, renewing Blue Cross/Blue Shield as the Town's health insurance carrier. g. Consider approval of Resolution 15-31, Amending the Economic Development Agreement with the Marriott Solana. h. Consider approval of Ordinance 754, Approving a Mutual Boundary Adjustment and Amending the Town Of Westlake Official Town Limit Boundary Map. MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 14, 2015 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Rick Rennhack and Wayne Stoltenberg. ABSENT: Carol Langdon and Alesa Belvedere OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Director of Facilities and Parks & Recreation Troy Meyer, Director of Human Resources & Administrative Services Todd Wood, Director of Information Technology Jason Power, Communications & Community Affairs Director Ginger Awtry, Communications Specialist Susan McFarland. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 5:20 p.m. 2. CONSIDERATION AND DISCUSSION OF RESOLUTION 15-23, APPOINTING NEW MEMBERS TO THE TEXAS STUDENT HOUSING AUTHORITY. MOTION: Council Member Rennhack made a motion to approve Resolution 15-23. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. Town Council Minutes 09/14/15 Page 1 of 2 3. 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 5:21 p.m. APPROVED BY THE TOWN COUNCIL ON OCTOBER 20, 2015. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Town Council Minutes 09/14/15 Page 2 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 21, 2015 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Alesa Belvedere, Carol Langdon, and Wayne Stoltenberg. ABSENT: Rick Rennhack OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards, Town Attorney L. Stanton Lowry, Fire Chief Richard Whitten, Fire Marshal John Ard, Director of Public Works Jarrod Greenwood, Planning and Development Director Eddie Edwards, Communications & Community Affairs Director Ginger Awtry, Director of Information Technology Jason Power, Director of Human Resources &Administrative Services Todd Wood, Susan McFarland, Communications Specialist and Management Intern Joel Enders. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:34 p.m. 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE SEPTEMBER 21, 2015, TOWN COUNCIL REGULAR MEETING AGENDA. Fire Chief Whitten asked the Council to remove item 3c regarding Resolution 15-25, Approving an Interlocal Agreement regarding Automatic Aid with the City of Roanoke; TC MUD. Town Council Minutes 09/21/15 Page 1 of 6 3. DISCUSSION ITEMS a. Presentation and discussion of 2015 Direction Finders Citizen Survey Results. Mr. Chris Tathum, ETC Institute, provided a presentation and overview of the survey results. Town Manager Brymer gave a special thanks to the staff for achieving the positive ratings. Discussion ensued regarding the effects of Balanced Scorecard, other high scoring communities, allocating funding for capital, correlation and percentage of respondents, and additional choices for education. b. Presentation and discussion regarding an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. Mr. Todd Winch, Marriott Solana General Manager, provided a presentation and overview of the economic partnership regarding the shuttle service and group booking incentives. Mr. Winch also requested an additional funding of $10,000.00 per year. Discussion ensued regarding any remaining funds, new hotel opportunities in the area, shuttle utilizations, hotel renovation, and partnering with the Larry North fitness center. c. Discussion regarding ordinance to update the Solana Public Improvement District Service and Assessment Plan and Assessment Roll. Director Greenwood and Mr. Abdi Yassin, MuniCap, Inc., provided an overview of the item on the consent agenda for approval. Discussion ensued regarding the five aspects required to be updated on an annual basis, amounts regarding the collection, reserves, construction and maintenance, monitoring the transactions, filing of disclosures, and the pace of the development and types of the disbursements. d. Standing Item: Update and discussion regarding the Granada Development. Town Manager Brymer provided an overview of the new home construction, architectural review process and an update regarding the streetscaping. e. Standing Item: Update and discussion regarding the Entrada Development. Town Manger Brymer provided an update regarding the project and amending the zoning ordinance to add design guidelines. Town Council Minutes 09/21/15 Page 2 of 6 4. EXECUTIVE SESSION The Council convened into executive session at 6:58 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of 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 and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites S. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:21 p.m. 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No necessary action taken as a result of executive session. 7. COUNCIL RECAP / STAFF DIRECTION No additional direction provided to staff. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 8:21 p.m. Town Council Minutes 09/21/15 Page 3 of 6 Regular Session 1. CALL TO ORDER Mayor called the regular session to order at 8:21 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSENT AGENDA a. Consider approval of the minutes from the August 24, 2015, meeting. b. Consider approval of Resolution 15-24, Appointing one member to the Westlake Academy Foundation Board. c. Consider approval of Resolution 15-25, Approving an Interlocal Agreement regarding Automatic Aid w/ City of Roanoke; TC MUD. d. Consider approval of Resolution 15-26, Approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. e. Consider approval of Resolution 15-27, Amending the Board Meeting Procedures Policy. MOTION: Council Member Stoltenberg made a motion to approve items a, b, d and e of the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 4. CONSIDERATION AND DISCUSSION OF ORDINANCE 752, UPDATING THE SOLANA PUBLIC IMPROVEMENT DISTRICT OF THE TOWN OF WESTLAKE SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL. MOTION: Council Member Belvedere made a motion to approve Ordinance 752. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 09/21/15 Page 4 of 6 S. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 753, REVISING THE BUDGET FOR THE 2014-2015 FISCAL YEAR; ADOPTING THE BUDGET FOR THE TOWN OF WESTLAKE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 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. Director Piper provided a presentation and overview of the proposed budget. 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 753 and amend the 2015-2016 Marriott Marketing line-item (Economic Development Incentive) in the Visitors Association Fund to include the $5,500 unexpended budgeted funds from FY 14-15. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 6. CONSIDERATION AND DISCUSSION OF ORDINANCE 754, LEVYING MUNICIPAL AD VALOREM (PROPERTY) TAXES FOR THE 2015 YEAR IN ACCORDANCE WITH THE FISCAL YEAR 2015-16 PROPOSED BUDGET. MOTION: Council Member Barrett made a motion to approve Ordinance 754. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 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 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 Town Council Minutes 09/21/15 Page 5 of 6 Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 8. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 10. FUTURE AGENDA ITEMS No future agenda items. 11. COUNCIL CALENDAR Town Manager Brymer provided an overview of upcoming events. 12. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 8:36 p.m. APPROVED BY THE TOWN COUNCIL ON OCTOBER 20, 2015. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Town Council Minutes 09/21/15 Page 6of6 F estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Consider approval of a Resolution Authorizing Town Manager to enter into Interlocal Agreement for Automatic Mutual Aid with City of Roanoke and Trophy Club Municipal Utility District#1. STAFF CONTACT: Richard Whitten, Fire Chief Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Ob'ective Exemplary Service&Governance Preservation of our Natural Municipal& -We set the standard by delivering Maximize Efficiencies Beauty Academic Operations unparalleled municipal and &Effectiveness educational services at the lowest cost. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 20, 2015 Completion Date: October 20, 2015 Funding Amount: $0.00 Status - ® N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The implementation of this document formalizes automatic mutual aid procedures that have been implied for the past several years. The automatic mutual aid procedures have been in practice since the implementation of computer aided dispatching (CAD). RECOMMENDATION Staff recommends the authorization of this Interlocal Agreement between the City of Roanoke, Texas and Trophy Club Municipal Utility District#1. ATTACHMENTS Resolution Exhibit A: ILA Automatic Mutual Aid Roanoke and TCMUD TOWN OF WESTLAKE RESOLUTION NO. 15-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF ROANOKE, TEXAS AND TROPHY CLUB MUNICIPLE UTILITY DISTRICT #1 FOR AUTOMATIC MUTUAL AID FOR FIRE EMERGENCIES. WHEREAS, the cities of Roanoke, Trophy Club Municipal Utility District #hand Westlake (referred to as "the cities") desire to enter into an agreement for the automatic provision of fire protective services; and, WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into the interlocal agreement, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-25 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 20t' DAY OF OCTOBER 2015. ATTEST: Laura L. Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 15-25 Page 2 of 2 INTERLOCAL AGREEMENT FOR AUTOMATIC AID FIRE PROTECTION THE STATE OF TEXAS § COUNTIES OF DENTON AND TARRANT § THIS AGREEMENT is entered into by and between the City of Roanoke (the "City"), the Town of Westlake (the "Town"), and Trophy Club Municipal Utility District No. I (the "District"), all being municipal corporations chartered under the Constitution and laws of the State of Texas, each acting through its authorized representatives. WHEREAS, the City, Town and District (referred to collectively as the "Parties") desire to enter into an agreement for the automatic provision of fire protective services; and WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; NOW THEREFORE, in consideration of the mutual promises and consideration provided for herein, the receipt and sufficiency of which are hereby confirmed, the parties hereby agree to the following: I. MUTUAL ASSISTANCE (a) Upon the request of the Fire Chief or his designee of one of the Parties to the fire department of another of the Parties to respond to a fire emergency within the entity's corporate boundaries or service area limits of the requesting entity, the requested entity will respond with available firefighting equipment and personnel in aid of the requesting entity to any point within a reasonable distance of the corporate boundary limits of the responding entity. (b) Each entity designate the area outside the entity's limit which is within a reasonable distance. (c) If conditions exist within the responding city or District that prevent response outside its limits, the Fire Chief or his designee shall immediately notify the fire department of the requesting entity that no response can be made. II. PROCEDURES A dispatch of firefighting equipment and personnel pursuant to this Agreement is subject to the following procedure: (1) A request for aid by street address shall specify the location by street address to which the equipment and personnel are to be dispatched. (2) The responding department shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. (3) A responding department shall be released by the requesting entity when the services of the responding city are no longer required. III. COMMON SERVICE BOUNDARY LINES In areas where common boundary lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the entity receiving the alarm will dispatch its firefighting equipment and personnel and notify the other affected entity of the alarm. If the emergency is not within the service boundaries of the responding entity, it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. IV. CLAIMS Each entity waives all claims against the other Parties for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. However, this waiver shall not apply in those cases in which a claim results from the failure of the requesting entity to accept responsibility required by Section 791.006, Texas Government Code. V. COSTS A responding entity shall not be reimbursed by the requesting entity for costs incurred in responding to an emergency pursuant to this Agreement. Personnel who perform duties pursuant to this Agreement shall receive the same wage, salary, pension, injury or death benefits, worker's compensation benefits, payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the entity for which they are employed. Each entity shall be solely responsible for the payment of its costs associated with providing firefighting equipment and personnel under this Agreement. VI. SUPERVISION The equipment and personnel of a responding entity shall be under the control and supervision of employees of the responding entity during a response pursuant to this Agreement. VII. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting entity is responsible for any civil liability that arises from the furnishing of firefighting services pursuant to this Agreement effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non-intentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the governing bodies of the entities involved. VIII. TERMINATION Each entity has the right to terminate its participation in this Agreement with ninety (90) days written notice to the other Parties. Additional entities may become parties to this Agreement, and an existing party may be removed as a party upon the vote of a majority of the governing bodies of the other entities. IX. PRIOR COMMITMENTS This Agreement contains all commitments and agreements of the Parties regarding automatic fire protection aid, and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence, it is understood that certain signatory entities may have contracted or may contract in the future with each other for total fire protection services, and it is agreed that this Agreement shall not affect those contracts. X. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Denton County, Texas. XI. BENEFITS When an employee or volunteer of the responding entity is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Article 6228f, V.T.C.S., and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death, or loss which occurs while in the line of duty. XII. SEVERABILITY In case one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. XIII. AUTHORIZATION This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418, Texas Government Code. It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. AGREED to and ADOPTED by Trophy Club Municipal Utility District No. l Board of Directors on this day of August 2015. Jennifer McKnight, General Manager Trophy Club Municipal Utility District No. 1 (SEAL) Laurie Slaght, District Secretary Trophy Club Municipal Utility District No. 1 AGREED to and ADOPTED by the Town of Westlake on this day of 2015. Thomas E. Brymer L. Stanton Lowrey Town Manager Town Attorney (Seal) Kelly Edwards Town Secretary AGREED to and ADOPTED by the City of Roanoke on this day of 2015. Scott Campbell City Manager (seal) April Hill, City Secretary F estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Consider approval of a Resolution approving amendments to the Town of Westlake Personnel Manual. STAFF CONTACT: Todd Wood, Director of HR&Administrative Services Strategic Alignment Vision,Value,Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service&Governance Attract,Recruit, Transparent/Integrity- Municipal& -We set the standard by delivering Retain&Develop the driven Government Academic Operations unparalleled municipal and Highest Quality educational services at the lowest Workforce cost. Strategic Initiative won Codify and Maintain Organizational Policies and Procedures Time Line - N/A Start Date: N/A Completion Date: N/A Funding Amount: N/A Status - ❑ Funded Source -N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town of Westlake Personnel Manual is a document requiring continual updates based on legislative changes, best practices, and organizational needs. The recommended updates include the amending two policies, and the addition of one new policy. Recommended Policy Amendments The first amendment pertains to our Inclement Weather Policy. In FY 14/15, the Town experienced usual weather events, requiring more early closures and delayed openings than in previous years. Multiple occurrences of these weather events within a single workweek created questions among staff, primarily for hourly employees. It was determined that the current Inclement Weather Policy needed to be more specific in order to address similar occurrences in the future. The proposed policy addresses early closure and late openings, in addition to days when Town Hall is closed for a full day. The second amendment pertains to our Sick Leave Policy. The current policy includes the criteria required for payout of sick time upon termination of employment. The only recommended change to this policy is to add the definition of"retirement,"which is contained in Termination of Employment section of the manual. Including the definition to the Sick Leave policy adds clarity; as the definition will not need to be referenced elsewhere in the manual. Recommended Policy Addition Breaks for Expression of Breast Milk: This new policy addresses the provisions of HB 786 and the Fair Labor Standards Act,which mandates government employers to reasonably accommodate the needs of employees who express breast milk. This policy was added to the Westlake Academy Personnel Manual in August 2015. RECOMMENDATION Staff recommends approval of this Resolution. ATTACHMENTS Exhibit"A"—Proposed Policy Additions &Amendments Resolution 15-XX TOWN OF WESTLAKE RESOLUTION 15-28 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS,the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town's leaders; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Westlake Town Council hereby approves the personnel policy amendments 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 15-28 Page 1 of 4 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 20 r" DAY OCTOBER, 2015. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 15-28 Page 2 of 4 Exhibit "A" (Additions are shown in blue, deletions are shown in red) BREAKS FOR EXPRESSION OF BREAST MILK The Town of Westlake will make reasonable accommodations for the needs of employees who express breast milk. A place, other than a multiple user bathroom, that is shielded from view and free from intrusion from other employees and the public where the employee can express breast milk will be provided. A reasonable amount of break time will be provided when the employee has a need to express milk. For nonexempt employees, these breaks are unpaid and are not counted as hours worked. Employees should meet with their supervisor to discuss their needs and arrange break times. BREAKS FOR EXPRESSION OF BREAST MILK (AMENDED POLICY) Payment shall be made for accruals of unused earned sick leave upon retirement or death of the employee. Under this policy, retirement is defined as termination initiated by the employee who has fulfilled the age and years of service requirements under TMRS. Payment is contingent provided the employee has completed twelve (12) months of employment with the Town and has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. Payment of unused sick leave in other circumstances is to be made only if approved in advance by the Town Manager. INCLEMENT WEATHER (AMENDED POLICY) During periods of bad weather, civil disorder, or natural disaster, the Town Manager may allow employees Inclement Weather Leave. Employees unable to arrive at work shall receive one day of pay at the employee's regular hourly rate with no loss of benefits. If the Town Manager authorizes late arrival or early dismissal, employees shall receive their regular rate of pay for a full day during the hours of authorized closure. Inclement weather hours will not count as time worked under FLSA. Time sheets for bad weather days authorized by the Town Manager shall be recorded as follows: Employees who do not come to work due to the bad weather should record 8W on the time sheet. Employees who came to work despite the bad weather should document the day worked with his or her supervisor. The employee will then be eligible for an additional day of Personal Leave to be taken on a date of the employee's choice. The employee will be paid for all hours worked in addition to receiving inclement weather pay, not to exceed eight(8) hours per day when combined. If an employee exceeds eight(8) combined hours, the excess number of hours will be added to the employee's Personal Leave bank. Supervisor approval is required for non-exempt employees who work during hours when closure has been authorized. Example#1: Delayed opening at 10am, employee works from 10am—4pm Employees will record 2 Inclement Weather hours for the delayed opening, and 6 regular hours on their time sheet. Resolution 15-28 Page 3 of 4 Example#2: Delayed opening at 11 am, employee works from 9am—5pm In this example, Town Hall opened three hours late, and the employee worked two additional hours. The employee will record 3 Inclement Weather hours and 8 regular hours on their time sheet. Since this equals 11 hours, the employee will receive pay for eight hours worked, and three hours will be added to their Personal Leave Bank. Example#3: Early closure at 2 pm, employee works from 9am—3pm In this example, Town Hall closed three hours early, and the employee worked one additional hour. The employee will record 3 Inclement Weather hours and 6 regular hours on their time sheet. Since this equals 9 (nine) hours, the employee will receive pay for eight hours (6 hours worked and two Inclement Weather hours). One hour will be added to their Personal Leave Bank. Example#4: Town Hall is closed, employee works from 9am —5pm In this example, Town Hall is closed for the entire day, and the employee worked eight hours. The employee will record 8 Inclement Weather hours and 8 regular hours on their timesheet. The employee will receive pay for eight hours worked, and eight hours will be added to their Personal Leave Bank. If an employee attended a scheduled training class, it should be verified that the facility was not closed on the bad weather day and the employee did attend. The time should be recorded as actual time worked. In the interest of safety, Department Heads may authorize later arrival or earlier dismissal times for employees affected by certain factors (travel distance, specific road conditions, etc.) These guidelines do not apply to Firefighters who work 24 hour shifts. Resolution 15-28 Page 4 of 4 F estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Consider approval of a Resolution Authorizing Town Manager to enter into Interlocal Agreement for Automatic Mutual Aid with City of Keller. STAFF CONTACT: Richard Whitten, Fire Chief Strategic Alignment Vision,Value,Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service&Governance Preservation of our Natural Municipal& -We set the standard by delivering Maximize Efficiencies Beauty Academic Operations unparalleled municipal and &Effectiveness educational services at the lowest cost. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 20, 2015 Completion Date: October 20, 2015 Funding Amount: $0.00 Status - ® N/A Source -N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The implementation of this document formalizes automatic mutual aid procedures that have been implied for the past several years. The automatic mutual aid procedures have been in practice since the implementation of computer aided dispatching (CAD). RECOMMENDATION Staff recommends the authorization of this Interlocal Agreement between the City of Keller. ATTACHMENTS Resolution Exhibit A: ILA Automatic Mutual Aid City of Keller TOWN OF WESTLAKE RESOLUTION NO. 15-29 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR AUTOMATIC MUTUAL AID FOR FIRE EMERGENCIES. WHEREAS, the city/town of Keller and Westlake (referred to as "the cities") desire to enter into an agreement for the automatic provision of fire protective services; and, WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into the interlocal agreement, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-29 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 20t' DAY OF OCTOBER 2015. ATTEST: Laura L. Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 15-29 Page 2 of 2 INTERLOCAL AGREEMENT FOR AUTOMATIC AID FIRE PROTECTION THE STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into on this day of 20 , by and between the cities of Keller and Westlake, Texas, being municipal corporations chartered under the Constitution and laws of the State of Texas, each acting through its authorized representatives. WHEREAS, the cities of Keller and Westlake (referred to as "the cities") desire to enter into an agreement for the automatic provision of fire protective services; and WHEREAS, this Agreement is entered into pursuant to Subchapter A, Chapter 791, Texas Government Code; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, KELLER AND WESTLAKE HEREBY AGREE TO THE FOLLOWING: I. MUTUAL ASSISTANCE (a) Upon the request of the Fire Chief or his designee of one of the cities to the fire department of another of the cities to respond to a fire emergency within the city limits of the requesting city, the requested city will respond with available firefighting equipment and personnel in aid of the requesting city to any point within a reasonable distance of the city limits of the responding city. (b) The Fire Chief of each city will designate the area outside the city's limit which is within a reasonable distance. (c) If conditions exist within the responding city that prevent response outside its city limits, the Fire Chief or his designee shall immediately notify the fire department of the requesting city that no response can be made. II. PROCEDURES A dispatch of firefighting equipment and personnel pursuant to this Agreement is subject to the following procedures: (1) A request for aid by street address shall specify the location by street address to which the equipment and personnel are to be dispatched. (2) The responding city shall respond to the specified location and initiate action to mitigate the emergency or provide backup coverage if requested. (3) A responding city shall be released by the requesting city when the services of the responding city are no longer required. III. COMMON CITY LIMIT LINES In areas where common city limit lines exist, accurate determination of jurisdiction may not be possible upon receipt of an alarm. In these cases, the city receiving the alarm will dispatch its firefighting equipment and personnel and notify the other affected city or cities of the alarm. If the emergency is not within the city limits of the responding city, it is agreed that the services provided will be considered to have been provided pursuant to this Agreement. IV. CLAIMS Each city waives all claims against the other cities for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. However, this waiver shall not apply in those cases in which a claim results from the failure of the requesting city to accept responsibility required by Section 791.006, Texas Government Code. V. COSTS A responding city shall not be reimbursed by the requesting city for costs incurred in responding to an emergency pursuant to this Agreement. Personnel who perform duties pursuant to this Agreement shall receive the same wage, salary, pension, injury or death benefits, worker's compensation benefits, payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the city for which they are employed. Each city shall be solely responsible for the payment of its costs associated with providing firefighting equipment and personnel under this Agreement. VI. SUPERVISION The equipment and personnel of a responding city shall be under the control and supervision of employees of the responding city during a response pursuant to this Agreement. VII. LIABILITY In accordance with Section 791.006 of the Texas Government Code, the requesting city is responsible for any civil liability that arises from the furnishing of firefighting services pursuant to this Agreement effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non- intentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the City Councils of the entities involved. VIII. TERMINATION Each city has the right to terminate its participation in this Agreement with ninety (90) days written notice to the other cities. Additional cities may become parties to this Agreement, and an existing party may be removed as a party upon the vote of a majority of the governing bodies of the other cities. IX. PRIOR COMMITMENTS This Agreement contains all commitments and agreements of the cities regarding automatic fire protection aid, and no other prior oral or written commitments shall have any force or effect. Notwithstanding the preceding sentence, it is understood that certain signatory cities may have contracted or may contract in the future with each other for total fire protection services, and it is agreed that this Agreement shall not affect those contracts. X. VENUE Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County, Texas. XI. BENEFITS When an employee or volunteer of the responding city is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Article 6228f, V.T.C.S., and Chapter 142, Texas Local Government Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death, or loss which occurs while in the line of duty. XII. SEVERABILITY In case one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. XIII. AUTHORIZATION This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter 418, Texas Government Code. It is agreed that in the execution of this Agreement, no party waives any immunity or defense that would otherwise be available to it, against claims arising from the exercise of governmental powers and functions. EXECUTED this day of 20 at Tarrant County, Texas. CITY OF KELLER, TEXAS BY: Mark R. Hafner, City Manager TOWN OF WESTLAKE, TEXAS BY: Thomas E. Brymer, Town Manager F estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Consider approval of a Resolution renewing 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 Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Ob'ective Exemplary Service&Governance Attract,Recruit, -We set the standard by delivering Retain&Develop the Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Highest Quality educational services at the lowest Workforce cost. Strategic Initiative Administration(continued)Development of Employee Satisfaction Survey Time Line - Start Date: November 1, 2015 Completion Date: October 31, 2016 Funding Amount: $390,852 Status - ® Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In September 2015, 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 bids from our current broker with options from four carriers, and one bid from the Texas Municipal League Intergovernmental Risk Pool. Bids were analyzed and used input from our 2014 employee benefit survey to determine the best selection. Factors that were considered included the following: • 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 The Senior Leadership Team recently met to discuss three (3) comparable plan options. Options considered included plans from Blue Cross/Blue Shield, Aetna, and Scott & White. The bid from TML was not considered due to a calculation error on their part, resulting in very high costs. The team felt it was important to maintain a proper balance between providing the best coverage that meets our needs while exercising fiscal responsibility during the selection process. The bid from Blue Cross/Blue Shield reflected a rate increase of 10%. After review of this bid and those from other carriers, 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 accounts (employee funded) for eligible out-of-pocket expenses. The approximate annual cost of the health insurance plan is $390,852 for the Town, and is 5% less than estimates included in the FY 15/16 budget. The total annual estimated cost of the plan including employee dependent contributions is $483,216. Additionally, it is recommended that the health insurance plan year be moved from November 1St of each year to January 1St. This would align our plan year with the same calendar year used for deductibles and cafeteria plan expenses. Additionally, it would reduce the administrative burden for ACA (Affordable Care Act) reporting. A second RFP has been issued for a January 1 plan year, and any recommended plan changes will require a 30-day notice to our carrier, and Council approval at the November 2015 meeting. RECOMMENDATION Approve renewal of the current health insurance plan with Blue Cross/Blue Shield, effective November 1, 2015. ATTACHMENTS Resolution TOWN OF WESTLAKE RESOLUTION 15-30 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, 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 TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Westlake Town Council hereby approves the renewal of Blue Cross/Blue Shield as the Town health insurance carrier for a twelve (12) month period, beginning November 1, 2015, with an estimated annual employer cost of$390,852 and a total annual cost of$483,216. 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 15-30 Page 1 of 2 SECTION 4: That this Resolution shall become effective frorn and after its date of passage. PASSED AND APPROVED ON THIS 20TH DAY OCTOBER, 2015. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 15-30 Page 2 of 2 estlake Town Council { TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Consideration of a Resolution Amending the Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Ob'ective Exemplary Service & Governance - We set the Increase Fiscal Responsibility Fiscal standard by delivering Transparency, Stewardship unparalleled municipal and Accessibility& educational services at the Communications lowest cost. Strategic Initiative Business Outreach Program Time Line - Start Date: October 1, 2015 Completion Date: September 21, 2016 Funding Amount: $5,500 Status - ® Funded Source -VAF (Hotel Tax) EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This adopted twelve (12) month economic development grant agreement includes both the "Shuttle Bus Transportation Cost" as well as the "Incentive Program". This was the sixth consecutive year that the Town has partnered with the Marriott Solana Hotel regarding the "Incentive Program". Prior to this, the Town participated in only the Hotel's shuttle bus system costs. Based on Council recommendation, the original Group Business Incentive Program amount of $50,000 is proposed to be increased by $5,500 which reflects the remaining budgeted funds that were unused from FY 2014-2015. Per conversations with the Marriott Solana manager, these Page 1 of 2 additional funds will help when there are timing issues related to proposals that are offered but not yet accepted when another opportunity arises. RECOMMENDATION Recommend approval of the amended Economic Development Agreement with Marriott Solana approving the additional funds for the "Group Business Incentive Program". ATTACHMENTS Resolution amending the Economic Development Grant Agreement between the Town and the Marriott Solana with the amend section attached as "Schedule A". Page 2 of 2 TOWN OF WESTLAKE RESOLUTION 15-31 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE ECONOMIC DEVELOPMENT AGREEMENT WITH THE MARRIOTT SOLANA. WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified "Fiscal Responsibility" as a Vision Point as well as "Financial Stewardship" as a Perspective that must be addressed to move the Town towards this Vision Point; and, WHEREAS, on September 21, 2015, the Town of Westlake approved Resolution 15-26, Approving an Economic Development Agreement with the Marriott Solana; and WHEREAS, the Town of Westlake sales and use taxes are an important revenue source to support its general operations; and, WHEREAS, the Town Council desires to have new and existing businesses that maintain and grow their sales and use tax streams, which in turn, enhances the Town's financial position and sustainability per its Strategic Plan; and WHEREAS,the Town Council acknowledges that the Town's Visitors Association Fund is a key component of its financial structure and that an economic development grant to the Marriott Solana Hotel will help solidify and maintain that structure; and, WHEREAS, Town has an economic development policy adopted by Resolution 06-19 and that this proposed economic development agreement with the Marriott Solana meets those policy guidelines and meets the requirements of State law for municipalities to grant 380 economic development grants to businesses located in their boundaries; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, Texas, hereby amends the Economic Development Grant Agreement with the Marriott Solana Section 4.1 (a) related to the Group Booking Incentive amount adopted on September 21, 2015, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake. Resolution 15-31 Page 1 of 3 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 20th DAY OF OCTOBER, 2015. Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L Stanton Lowry, Town Attorney Resolution 15-31 Page 2 of 3 Exhibit A 4. TOWN AND MARRIOTT'S OBLIGATIONS AND COMMITMENTS. 4.1. Town of Westlake Hotel Support Program The total amount to be granted by the Town to Marriott under the terms of this Agreement for the Town of Westlake Hotel Support Program shall not exceed $135,500 with said Town of Westlake Hotel Support Program, consisting of the following: a. Group Booking Incentives, the requirements for which are attached hereto as Exhibit "C" and hereby made a part of this Agreement for all purposes (the "Hotel Support Agreement") and details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year related to group bookings at the Hotel. The purpose of this component of the Town's Hotel Support Program shall be to increase new group bookings for the Hotel and to not incur a decrease in overall group meeting business (i.e. all group bookings at the Hotel both of new group business and repeat group business), thus increasing economic development through tourism and business development activity in the Town. The Group Booking Incentives provided by the Town under this Agreement to the Hotel shall not exceed $50,000 plus the remaining available budgeted funds of$5,500 from the prior fiscal year during the term of this Agreement. Resolution 15-31 Page 3 of 3 f f k ' estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Consider a mutual boundary adjustment with the City of Southlake amending the Town Boundary Map. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning, Design&Development-We Optimize Planning Planned/Responsible Fiscal are a desirable well planned, &Development Development Stewardship high-quality community that Capabilities is distinguished by exemplary design standards. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 20, 2015 Completion Date: October 20, 2015 Funding Amount: N/A Status - ® N/A Source -N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Over the past several months, staff has been working with Centurion American regarding plans to develop a portion of property within Westlake, immediately north of the Southlake Meadows subdivision that is currently under construction, referred to as Westlake Meadows. Based on discussions between Westlake and Southlake staff regarding Westlake Meadows' unorthodox layout, a boundary adjustment to bring in the approximate 8.8 acres into the City of Southlake would result in a better planned development and more efficient service delivery. There are several challenges that merit a boundary adjustment: • The physical layout does not provide direct access for Town of Westlake emergency response and may add to confusion for future residents that may believe they are in Southlake during emergency or non-emergency situaitons. Page 1 of 2 • The developer will have to install redundant infrastructure in order for the 9 lots to be served by Town of Westlake utilities and would add unmetered sanitary sewer flows and complicate utility service provisions between both municipalities as well as potentially creating confusion for future residents. • The impact of additional 9 lots to Westlake Academy RECOMMENDATION Recommend approval of the proposed ordinance. ATTACHMENTS Proposed Ordinance with attachment "Exhibit A"—tract map and legal description Proposed Amended Boundary Map "Exhibit B" Boundary Adjustment Aerial Exhibit Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. 754 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A MUTUAL BOUNDARY ADJUSTMENT AND AMENDING THE TOWN OF WESTLAKE OFFICIAL TOWN LIMIT BOUNDARY MAP; RATIFYING AND CONFIRMING ALL PRIOR ANNEXATIONS AND TOWN LIMIT BOUNDARIES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH WHEREAS, the Town of Westlake, Texas (the "Town") is a general law municipality operating pursuant to the Constitution and laws of the State of Texas; and WHEREAS, Westlake and Southlake desire to identify mutually agreeable corporate boundaries between the two communities; and WHEREAS, the governing bodies of Westlake and Southlake have determined this Agreement to be in the best interests of the health, safety, and welfare of the public; and WHEREAS, Westlake and Southlake, in the true spirit of governmental cooperation, the municipalities intend the Mutual Boundary Agreement passed by Southlake Resolution 15-00, to reflect sound growth management principles and interregional planning. WHEREAS, Section 41.001 of the Texas Local Government Code requires and authorizes the Town to adopt an official map showing the municipal boundaries and extraterritorial jurisdiction boundaries of the Town; and WHEREAS, the Town Council finds it necessary to amend the official Town Boundary Map to reflect the mutual boundary adjustment; and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above statements are found to be true and correct and are incorporated into this Ordinance as if copied in their entirety. SECTION 2: That the Boundary Adjustment Agreement is hereby approved, and Tract A, as described and depicted in the Exhibit "A" of the Mutual Boundary Agreement, shall be released from the corporate boundaries of Westlake and simultaneously incorporated into the corporate boundaries of Southlake. Ordinance 754 Page 1 of 2 SECTION 3: That the official municipal boundary map of the Town (to be officially titled "Official Town Limit Boundary Map of the Town of Westlake, Texas") and depicted on attached Exhibit `B", is hereby amended to show the adjusted boundary. SECTION 4: If any section, sentence, clause or phrase of this Ordinance be declared unconstitutional for any reason, it shall not affect the constitutionality and the validity of any other section, sentence, clause or phrase, and the Town Council declares that it would have passed all other sections, sentences, clauses or phrases of this Ordinance notwithstanding the unconstitutionality or invalidity or any paragraph, section, sentence, clause or phrase hereof. SECTION 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 201h DAY OF OCTOBER 2015. Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED: L. Stanton Lowry, Town Attorney Ordinance 754 Page 2 of 2 STATE OF TEXAS § § BOUNDARY ADJUSTMENT AGREEMENT COUNTY OF TARRANT § This Boundary Adjustment Agreement ("Agreement") is made by and between the Town of Westlake, Texas ("Westlake"), a Type-A general law municipality and political subdivision of the State of Texas and the City of Southlake, Texas ("Southlake"), a home rule municipality and political subdivisions of the State of Texas. WHEREAS, pursuant to the authority granted in Section 43.031 of the Texas Local Government Code, as amended, adjacent municipalities may change boundaries by agreement, if the area is less than 1,000 feet in width; and WHEREAS,Westlake and Southlake are adjacent; and WHEREAS, "Tract A", as described and depicted in Exhibit A, which is attached hereto and incorporated herein by reference, is uninhabited and is less than 1,000 feet in width; and WHEREAS, Westlake and Southlake desire to identify mutually agreeable corporate boundaries between the two communities; and WHEREAS, this Agreement has been approved by the governing bodies of Westlake and Southlake; and WHEREAS, the governing bodies of Westlake and Southlake have determined this Agreement to be in the best interests of the health, safety, and welfare of the public; and WHEREAS, Westlake and Southlake, in the true spirit of governmental cooperation, intend this Agreement to reflect sound growth management principles and interregional planning. NOW, THEREFORE, Westlake and Southlake, for the mutual consideration hereinafter stated, agree and understand as follows: 1. The findings set forth above are deemed to be true and correct and are incorporated into the body of this Agreement as if fully set forth herein. 2. From and after the Effective Date of this Agreement, Westlake and Southlake hereby agree that Tract A, as described and depicted in the Exhibit A, shall be released from the corporate boundaries of Westlake and simultaneously incorporated into the corporate boundaries of Southlake. 3. Westlake hereby releases, relinquishes and discontinues any claim or entitlement to Tract A, as being within the corporate limits of Westlake. 4. Southlake hereby extends its corporate boundaries to include Tract A as being within the corporate limits of Southlake. 1 5. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. The parties agree that this Agreement is performable in Tarrant County, Texas, and that exclusive venue shall lie in Tarrant County, Texas. 6. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. 7. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the parties will assign nor transfer an interest in this Agreement without the written consent of the other party. 8. Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the "Effective Date"). 9. Either party may file a certified copy of this Agreement in the real property records of Tarrant County, Texas. 10. If any article, paragraph, subdivision, clause, or phrase of this Agreement be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this Agreement as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. 11. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. APPROVED by the Town Council of the Town of Westlake, Texas, at its meeting held on the day of , 2015, and executed by its authorized representative. TOWN OF WESTLAKE, TEXAS By: Laura Wheat, Mayor ATTEST: By: Kelly Edwards, Town Secretary 2 APPROVED by the City Council of the City of Southlake, Texas, at its meeting held on the day of , 2015, and executed by its authorized representative. CITY OF SOUTHLAKE, TEXAS By: Laura Hill, Mayor ATTEST: By: Lori Payne, City Secretary J:\Boyle-Lowry\westlake\co-agreements\co-Agrmnt-boundary adjustment- 3 WESTLAKE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § The foregoing Boundary Adjustment Agreement was acknowledged before me on this the day of , 2015, by the Honorable Laura Wheat, Mayor of the Town of Westlake, a Texas municipal corporation, on behalf of said municipality. Notary Public, State of Texas SOUTHLAKE'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § The foregoing Boundary Adjustment Agreement was acknowledged before me on this the day of , 2015 by the Honorable , Mayor of the City of Southlake, a Texas municipal corporation, on behalf of said municipality. Notary Public, State of Texas 4 EXHIBIT A "TRACT A" _ 5,11 A M X sivll��n ry nar�� v i IVAQJO— $I co i I ° B u !d F ch I h 0,9 CL } a �r �10a 9QDUa5 WAS A �r Exhibit"A",Page 1 LEGAL DESCRIPTION 8.882 ACRES Being ail that certain lot,tract or parcel of land situated in the T.W.Mann Survey,Abstract Number 1107 and the J.B.Martin Survey,Abstract Number 1134 in Tarrant County,Texas,and being part of that certain called 72.64 acre tract of land described in deed to Maguire Partners-Solana Land,L.P.,recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County,Texas,and being part of Lot 7 of the R.P Estes Subdivision,an addition to Tarrant County,Texas,according to the plat thereof recorded in Volume 1957,Page 324 of the Deed Records of Tarrant County,Texas,and being more particularly described as follows: BEGINNING at a 1/2"capped rebar set(G&A Consultants)on the east line of said 72.64 acre Tract 3,and being on the west line of State Highway 114 as evidenced by that certain called 4.452 acre tract of land described in deed to the City of Southlake,recorded in Volume 14056,Page 454 of the Deed Records of Tarrant County, Texas; THENCE N 89°04'10"W,passing at 333.22 feet a 1/2"capped rebar found at the southeast corner of said Lot 7, and the northeast corner of Lot 6 of said R.P.Estes Subdivision,continuing with the north line thereof a total distance of 1626.60 feet to a 1/2"rebar found on the west line of said 72.64 acre tract,and the east line of Sam School Road; THENCE N 17°51'30"W,71.43 feet with the west line of said 72.64 acre tract and the east line of Sam School Road to a 5/8"capped rebar found(H&Z); THENCE N 00°34'20"W,18.36 feet with the west line of said 72.64 acre tract and the east line of Sam School Road to a 5/8"capped rebar found(H&Z)at the southwest corner of a Right-of-Way Dedication shown on plat of Westlake/Southlake Addition No,1,an addition to Tarrant County,Texas,according to the plat thereof recorded in Cabinet A,Slide 283 of the Plat Records of Tarrant County,Texas; THENCE N 85°50'25" E,passing at 17.81 feet a 5/8"capped rebar found(H&Z)at the southeast corner of said Right-of-Way Dedication,and being southwest corner of Lot 1R,Block 2 of said Westlake/Southlake Addition No. 1,continuing with the south line thereof a total distance of 518.00 feet to a 5/8"rebar found; THENCE N 00°15`30"W,197.63 feet with the south line of said Lot 1R and the north line of said 72.64 acre tract, to a 5/8"rebar found; THENCE S 89°02'15"E,881.19 feet with the south line of said Lot 1111 and the north line of said 72.64 acre tract to a Texas Department of Transportation Monument on the east line thereof and the west line of said 4.452 acre tract and State Highway 114; THENCE S 37°04'00" E,417.54 feet with the east line of said 72.64 acre tract st line of of said 4.452 acre tract and State Highway 114 to the POINT OF BEGINNING and coat ' �IDAi 8.882 acres of land. K P 'c 50 47 '��ya*+•ess!oEgo S1iR f Bearings based on Texas Coordinate System,North Central Zone(4202),NAD'83, The field work was completed in the month of September,2012. Exhibit"A",Page 2 s FORE VA m� WIN FZ--,F/"O 00,11 r F estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Tuesday, October 20, 2015 1. Topic: Continue the public hearing and consideration of a an ordinance regarding a zoning change from R- 1 "Estate Residential"to PD-6 "Planned Development- single-family residential district known as Westlake Meadows." The subject property is approximately 8.8 acres located east of Sam School Road and north of the town limits, further described as tracts 7al.7alal, 7a2, and 7b of the RP Estes Subdivision, and tracts la, and I a l of the James B Martin survey. ZONING CASE: Z-10-03-14 STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective High Quality Planning,Design& Development-We are a desirable Planned/Responsible Preserve Desirability Development N/A well planned,high-quality &Quality of Life community that is distinguished by exemplary design standards. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: Completion Date: Funding Amount: Status - M Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The applicant has requested that his application for rezoning be withdrawn. RECOMMENDATION Staff recommends that no action be taken. Page 1 of 2 ATTACHMENTS' Vicinity Map Withdrawal request Vicinity May Located along the southern border of Westlake, extending from Sam School Road to Hwy 114. LI J [t� � LI U I_ r r LL c - 4 e —W 1) Rd Email requesting withdrawal of Westlake Meadows zoning application Please withdraw the Westlake Meadows Zoning- Message(HTML) Message Laserfiche C7 Q From: Jack Dawson<jadc@oenturionamerican.00m> Sent Mon 9/1412015 9:17 AM To: Eddie Edwards Cc Bobby 6ollak;'Randi Rivera(Randi@gamn.com)' Subject; Please withdraw the Westlake Meadows Zoning Eddie,Please withdraw the Westlake Meadows Zoning Application if you have any questions please let me know � Executix-e Vice President Centurion American Development Group 1900 Valley View Lane,Suite 300 Farmers Branch,TX 75234 454-992-7200 X-7232 Fax 459-992-7202 jackW enturianamerican.cans Page 2of2 k ' estlake Town Council W TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Tuesday, October 20, 2015 Topic: Consider amending Chapter 46, Health and Sanitation, adding Article VI, Sections 46-180 through 46-183, regulation of tobacco products and smoking. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value,Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service & Governance -We set the Informed & Engaged Encourage Citizen, Student standard by delivering Citizens/ Sense of & Stakeholder unparalleled municipal and Westlake,s Unique Community educational services at the Sense of Place lowest cost. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: October 20, 2015 Completion Date: October 20, 2015 Funding Amount: $5,000 Status - ® Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Town staff previously presented information regarding a public smoking ordinance to Council at the Town Council Workshops on June 15, 2015 and on August 25, 2015. Staff has developed a communication plan that will include information regarding the new smoking ordinance on our website (with timely spotlight on the homepage), post on Town social media accounts, feature in upcoming Westlake Wire and WA Communique emails and a Simply Westlake issue. We will also be working with our corporate stakeholders to develop a communication plan specific to their campus. Page 1 of 2 The attached draft smoking ordinance for Council review and discussion is based on Council direction to prohibit smoking in the Town's parks/trails and within 25' of an entrance to any public building and is proposed to go into effect January 1, 2016. The proposed ordinance would require staff to install new signage designating non-smoking areas estimated to be $5000 and would require a budget amendment that could be brought to Council at a later date. RECOMMENDATION Recommend approval of the proposed ordinance. ATTACHMENTS Proposed Ordinance with attachment "A"—Trails, Parks, and Park Facilities Map (will be provided during the meeting) Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. 755 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46 TITLED HEALTH AND SANITATION, ADDING ARTICLE VI, SECTIONS 46-180 THROUGH 46-183, TOBACCO PRODUCTS AND SMOKING; PROVIDING FOR REGULATION OF SMOKING AND THE USE OF TOBACCO; PROVIDING DEFINITIONS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, The Town Council desires to promote a safer, healthier community by providing a smoke free environment; and WHEREAS, The Town Council has considered feedback from community stakeholders; and WHEREAS, The Town Council has determined that it is in the best interest of the citizens and pedestrians to prohibit pedestrian smoking within the Town's right of ways, trails,parks and park facilities; and WHEREAS, The Town Council has determined that it is in the best interest of the citizens and general public to prohibit smoking within 25' of the entrance to any public building and further authorizes funding necessary for implementation; and WHEREAS, The Town Council authorizes the expenditure of funds to provide the necessary notification; and WHEREAS,the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the amendments to the Town of Westlake code of Ordinances Chapter 46, Health and Sanitation, 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. Ordinance 755 Page 1 of 5 SECTION 2: That Chapter 64, "Health and Sanitation" Article VI "Tobacco Products and Smoking", Sections 46-180 through 46-182 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. ARTICLE VI. - TOBACCO PRODUCTS, SMOKING, AND E-CIGARETTES Sec. 46-180 - Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Public building means an enclosed, indoor area to which the public has access and includes, but is not limited to the following: (1) The common areas of a retail store, office, grocery store, or other commercial establishments; (2) A restaurant or cafeteria; (3) A public or private or secondary school; (4) A public or private institution of higher education; (5) A hospital or nursing home; (6) An elevator; (7) Town and school buses; (8) Town building, owned or leased by the Town and used for Town purposes; (9) An enclosed theater, auditorium, movie house, or arena; (10) A courtroom or a jury waiting or deliberation room; or (11) Bar or bar area. Smoke or smoking includes: (1) Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (2) Lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or (3) Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment or device. (4) Inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or form. Electronic cigarette and/or e-cigarette means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The Ordinance 755 Page 2 of 5 term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. Electronic vaping device shall have the same definition as electronic cigarette. Vaporizing cigarette shall have the same definition as electronic cigarette. Person means any individual. Park/Park Facility means All parks, playgrounds, recreational areas owned, leased, operated or under the control of the Town of Westlake and includes all athletic fields and other similar facilities owned, leased or operated by the Town. Pedestrian means A person on foot or in a wheelchair. Trail means a town-wide network of non-motorized, multi-use pathways that are used by bicyclists, walkers and runners for both transportation and recreation purposes. Trailhead means a designated point of access that may contain a parking area, information kiosks, restrooms, water hydrants, and may be reached by vehicular or pedestrian access. Sec. 46-181. -Entrance or exit to a public building; signs required (a) It shall be unlawful for any person to perform the following acts within 25 feet of any entrance or exit to any public building: (1) Smoke (2) Carry a lighted cigarette, cigar, or tobacco-containing pipe, electronic cigarette (3) Light a cigarette, cigar or tobacco-containing pipe, or electronic cigarette. b) It shall be unlawful for any person to place, or allow to be placed, within 25 feet of any entrance or exit to any public building: (1) Ashtrays, (2) Smoking paraphernalia, or (3) Signs that indicate that smoking is permitted. c) Any owner, manager, operator or employer of any establishment controlled by this ordinance shall,upon either observing or being advised of a violation of sections 46-18 La and 46-18 Lb, have the obligation to inform the violator of the appropriate requirements of this ordinance and then request immediate compliance. Sec. 46-182. Tobacco and electronic cigarette free right of ways, trails, parks and park facilities. It shall be unlawful for any pedestrian to smoke, use electronic cigarettes, or use any tobacco or tobacco related products within any right of way within the Town of Westlake. Ordinance 755 Page 3 of 5 It shall be unlawful for any person to smoke,use electronic cigarettes, or use any tobacco or tobacco related products at any parks or park facility owned or leased by the Town of Westlake that has been posted: "This park/park facility is tobacco and E-cigarette free." The Town Manager, or designee, shall cause to be posted a conspicuous sign visible from the main entrance of a building owned or leased by the Town of Westlake that has been posted: "NO SMOKING, Town of Westlake Ordinance." (a) The Town Council shall by resolution designate any building, trail,park or park facility owned or leased by the Town of Westlake as tobacco and E-cigarette free and upon such designation, the town manager or designee is authorized to post signs giving notice that such action is prohibited in such park or park facility. (b) Smoking in parks, on trails and trailhead parking lots, any building owned or leased by the Town, including Westlake Academy. Sec. 46-183 - Penalty. 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. SECTION 3: If any portion of this Ordinance 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 Ordinance without the invalid provision SECTION 4: That this Ordinance with Attachment "A" TRAILS, PARKS, AND PARKS FACILITIES MAP, shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect January 1, 2016 after its passage as the law in such case provides. Ordinance 755 Page 4 of 5 PASSED AND APPROVED ON THIS 201h DAY OF OCTOBER, 2015. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 755 Page 5 of 5 Town of Westlake Item # 7 — Executive Session 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 and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item # 8 — Reconvene Meeting Town of Westlake Item # 9 — Take any Necessary Action, if necessary 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 and Granada b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town of Westlake Item #10 - Future Agenda Items 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 # 11 — Adjournment