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02-25-19 TC Agenda Packet
The Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 6 Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA February 25, 2019 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Work Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 6 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. DISCUSSION ITEMS a. Presentation and discussion regarding a contract with N.G. Painting for repairs and repainting the 685,000-gallon ground storage tank and amending the adopted budget to provide funding. b. Presentation and discussion regarding the proposed amendment regarding Smoking. c. Presentation and discussion regarding the Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2018. d. Presentation and discussion of our Legislative priorities for 2019 and any progress or discussions had to date regarding the 86th Legislative Session. e. Standing Item: Presentation and discussion of development projects per Staff report January 2019 including an Entrada report from the Developer and projects in Planned Development PD 3-5. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana Page 3 of 6 e. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on January 28, 2018. b. Consider approval of Resolution 19-08, Authorizing the Town Manager to execute an agreement with the State of Texas for furnishing, installing, operation and maintenance of traffic signal preemption equipment on state highway rights- of-way. c. Consider approval of Resolution 19-09, authorizing the Town Manager to execute a contract with N.G. Painting for repairs and repainting of the 685,000- gallon ground storage tank and amending the adopted budget to provide funding. d. Consider approval of Resolution 19-10, Approving amendments to the Personnel Manual. e. Consider approval of Ordinance 880, Canceling the May 4, 2019, General Election and declaring each unopposed candidate elected to office. Page 4 of 6 5. DISCUSSION AND CONSIDERATION OF ORDINANCE 877, AMENDING CHAPTER 46, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES, PROHIBITING SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE EXCEPT IN PRIVATE CLUBS. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION 19-11, A FINAL PLAT FOR A 4.986-ACRE PORTION OF LAND GENERALLY LOCATED SOUTH OF HIGHWAY 114 AND EAST OF WESTLAKE PARKWAY, ALSO KNOWN AS FIDELITY INVESTMENTS ADDITION PHASE IV. 7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 878, AMENDING THE COMPREHENSIVE PLAN, ESTABLISHED BY ORDINANCE 747, ADDING PROVISIONS FOR URBAN LIGHTING ZONES. 8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 879, AMENDING CHAPTER 102, “ZONING” ARTICLE 6 “PERFORMANCE STANDARDS”, DIVISION 2 “OUTDOOR LIGHTING”, SECTIONS 102-206 THROUGH 102-240 BY PROVIDING FOR NEW DEFINITIONS AND NEW STANDARDS FOR OUTDOOR LIGHTING. Pursuant to LCG 211.007(b) The Town Council may not take action, however discussion may ensue, on Item 9 of the agenda until the Planning and Zoning Commission makes a final recommendation. The Planning and Zoning Commission postponed this item during the February 11, 2019, meeting until March 11, 2018. 9. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE APPROVING A ZONING CHANGE REQUEST FROM R-5 COUNTRY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN APPROXIMATELY 37.8-ACRE PORTION OF LAND GENERALLY LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE, TO INCLUDE PRIMARILY SINGLE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR PRIVATE STREETS. 10. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 Page 5 of 6 d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana e. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation 11. RECONVENE MEETING 12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 13. 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 6 of 6 14. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, February 20, 2019, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town Council Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the meeting on January 28, 2018. b. Consider approval of Resolution 19-08, Authorizing the Town Manager to execute an agreement with the State of Texas for furnishing, installing, operation and maintenance of traffic signal preemption equipment on state highway rights-of-way. c. Consider approval of Resolution 19-09, authorizing the Town Manager to execute a contract with N.G. Painting for repairs and repainting of the 685,000-gallon ground storage tank and amending the adopted budget to provide funding. d. Consider approval of Resolution 19-10, Approving amendments to the Personnel Manual. e. Consider approval of Ordinance 880, Canceling the May 4, 2019, General Election and declaring each unopposed candidate elected to office. Town Council Item # 3 – Review of Consent Items DISCUSSION ITEMS a. Presentation and discussion regarding a contract with N.G. Painting for repairs and repainting the 685,000-gallon ground storage tank and amending the adopted budget to provide funding. b. Presentation and discussion regarding the proposed amendment regarding Smoking. c. Presentation and discussion regarding the Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2018. d. Presentation and discussion of our Legislative priorities for 2019 and any progress or discussions had to date regarding the 86th Legislative Session. e. Standing Item: Presentation and discussion of development projects per Staff report January 2019 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #4 – Discussion Items Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Discussion regarding contract with N.G. Painting for repairs and repainting of the 685,000-gallon ground storage tank and amending the adopted budget to provide funding. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 25, 2019 Completion Date: May 11, 2019 Funding Amount: $276,200 Status - Funded Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The 685,000-ground storage tank is constructed of steel, approaching 18 years of service life, and needs maintenance and repainting consistent with industry standards. Testing of the tank has been performed and repairs to the inside need to be made along with the painting of the inside and outside. As you may recall, the addition of the 1MG ground storage tank in 2014 is allowing the 685,000- gallon tank to be taken out of service for the duration of repair and repainting without jeopardizing water service delivery to Westlake residents and customers. Page 2 of 2 Staff advertised the project and received four bids, with N.G. Painting providing the lowest bid of $276,200. The proposed contract will require a budget amendment to the Ground Storage Tank Repainting project in the Utility Maintenance and Replacement Fund for an additional $186,200. If approved, the Utility Maintenance and Replacement fund balance of $785,851 would be reduced by $186,200. The project budget of $90,000 was based on an estimate provided by a ground storage tank- painting contractor who was only able to visually inspect the exterior. The interior needs were determined from staff’s then most recent video inspection. This increase is due to the amount of damaged/defective paint and metal discovered that must be repaired, as identified by the Town’s consulting engineer, Teague-Nall and Perkins. The existing paint will be completely removed from the interior in order for the necessary repairs to be made to the metal structure. RECOMMENDATION Staff recommends approval of the proposed Resolution. ATTACHMENTS Engineer’s bid evaluation and recommendation with bid tab Forms 1295 and 2270 Resolution with Attachment “A” Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Presentation and discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes, prohibiting smoking and vaping within the Town of Westlake except in private clubs. STAFF CONTACT: Jarrod Greenwood, Public Works Director Kirk McDaniel, Management Intern Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 21, 2018 Completion Date: February 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In 2015, Town Council passed an Ordinance approving a limited smoking ban in trails, right of ways and a few other specific areas. Page 2 of 2 Based on Council feedback at the November 26, 2018 Town Council meeting, the proposed ordinance prohibits all public smoking while providing an exemption for a private club as defined in the ordinance. Staff has provided a copy of the proposed ordinance to Westlake businesses and met to discuss their concerns. RECOMMENDATION Consider the attached Ordinance and discuss any necessary policy changes. ATTACHMENTS Ordinance Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Presentation and discussion regarding the Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2018 STAFF CONTACT: Debbie Piper, Finance Director Amanda DeGan, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Maintain Receipt of Various Financial Awards for both Municipal and Academic Services Time Line - Start Date: October 1, 2018 Completion Date: December 31, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The 1st quarter “Dashboard” reports and “Analysis” for the FY 2018-2019 is attached. Our goal is to have a concise and easy to understand document regarding the financials of our three (3) operating funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining funds are a function of transfers in, related expenditures and transfers out; therefore, we have not prepared quarterly reports for these funds. We have also included an additional report related to the capital projects year-to-date expenses as well as an update of the projects. You may notice that the estimated revenue in our General Fund account indicates an overage of approximately $1.6M in total revenue. Staff will present an in-depth analysis of this information during the workshop and provide the Council with potential uses of the funds that would address Page 2 of 2 existing projects and/or provide transfers to the conduit funds that is consistent with our fund balance policy. Because the report is being presented in February, we were able to use 3 full months for the items that we typically wouldn’t be able to. Also, please make note of the explanations in the General Fund related to the sales tax and permit fee revenues which are substantially over the year-to-date anticipated amounts. Please note on each individual fund’s report, you may see a “M” or a “%” beside several revenue line items. The “M” indicates that the line-items are typically accrued, and the revenue hasn’t been received yet. Instead of using this explanation and reporting as a budget that has under- performed, we have taken the number of months of receipts and used that amount to calculate the YTD budget. Because several of our revenues are not received evenly throughout the year we are calculating the YTD budget amount based on the percentage (“%”) of the revenue received in the prior year for the same period. We feel this is a much better representation of the current year revenue. In review, these quarterly reports contain a “dashboard” display complete with major revenue and expenditure categories. A comparison of the “YTD Budget” amount and the “YTD Actuals” at 12/31/18 has been presented. The color green obviously means that we are good in those specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two areas show up as yellow (cautionary) or red (critical). A summary is presented at the bottom of each fund page indicating the net revenues over (under) expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have been calculated using operating expenditures. Our revised Fiscal and Budgetary Policies state that we will strive to maintain 180 days of operations. Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the variances. I have explained several of the line-items that were greater (green) in revenue than we anticipated helping you understand what specifically happened with that revenue line-item. I have also prepared explanations for several expenditures that were considerably under budget so you may see why these funds have not been expended. Included in each explanation you will find a number that reflects the exact variance in that department/line-item. RECOMMENDATION The Council review the current quarterly financial reports ATTACHMENTS Quarterly Financial Dashboard and Analysis for the Quarter Ended 12/31/18 for the following funds: • General Fund • Visitors Association Fund • Utility Fund Capital Projects Update Quarterly Financial Dashboard FY 17/18 PY Actuals ADOPTED Allocation YTD Actuals Percent of Over through Annual of Estimated through YTD Estimated (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget M General Sales Tax 994,126$ 3,900,000$ 1,050,000$ 1,826,472$ 174%776,472$ %Property Tax 382,141 1,733,356 512,081 594,147 116%82,066 %Franchise Fees 77,077 983,815 110,070 86,358 78%(23,712) Permits and Fees Misc 38,606 263,303 65,826 28,478 43%(37,347) Permits and Fees Bldg (inc 100% Schwab)393,984 4,357,571 3,533,787 4,358,880 123%825,093 Fines & Forfeitures 202,901 715,545 178,886 130,153 73%(48,733) Misc Income 58,277 293,480 61,495 88,664 144%27,169 Total Revenues 2,147,111 12,247,070 5,512,144 7,113,152 129%1,601,008 Transfer In - 66,539 - - -- 2,147,111$ 12,313,609$ 5,512,144$ 7,113,152$ 129%1,601,008$ FY 17/18 PY Actuals ADOPTED Allocation YTD Actuals Percent of Over through Annual of Estimated through YTD Estimated (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget Payroll, Taxes, Insurance, Retirement 968,468$ 4,495,731$ 1,186,780$ 1,065,708$ 90%(121,072)$ Operations & Maintenance 961,040 5,083,195 1,283,084 1,089,208 85%(193,875) Total Expenditures 1,929,508 9,578,926 2,469,864 2,154,916 87%(314,948) Transfer Out 176,300 2,486,065 - - -- 2,105,808$ 12,064,992$ 2,469,864$ 2,154,916$ 87%(314,948)$ FY 17/18 PY Actuals ADOPTED Allocation YTD Actuals through Annual of Estimated through 1st Quarter Budget YTD Budget 1st Quarter 2,147,111$ 12,313,609$ 5,512,144$ 7,113,152$ 2,105,808 12,064,992 2,469,864 2,154,916 41,303$ 248,618$ 3,042,281$ 4,958,236$ 10,242,277 9,729,080 9,729,080 9,729,080 Ending Fund Balance 10,283,581 9,977,698 12,771,361 14,687,316 520,158 304,504 304,504 286,008 Unrestricted Fund Balance 9,763,423$ 9,673,195$ 12,466,857$ 14,401,308$ Total Operating Expenditures $9,270,948 $9,543,216 $2,469,864 $2,154,916 Daily Operating Cost $25,400 $26,146 $26,146 $26,146 # of Operating Days Unrestricted 351 350 477 551 FY 2018/2019 FY 2018/2019 FY 2018/2019 SUMMARY Total Expenditures and Other Uses Quarter Ended General Fund EXPENDITURES AND OTHER USES Total Revenues and Other Sources REVENUES AND OTHER SOURCES 3 months 29% 10% 12/31/2018 (%) Based on same % as prior year (M) Based on number of months of receipts Restricted Funds Net Change to Fund Balance Beginning Fund Balance Total Revenues & Other Sources Total Expenditures & Other Uses Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 1 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2018 GENERAL FUND TOTAL REVENUES AND OTHER SOURCES $ 12,313,609 Adopted Budget $ 5,512,144 YTD Budget $ 7,113,152 YTD Actual 129% YTD Budget % $ 1,601,008 Over (Under) Budget GENERAL SALES TAX $ 3,900,000 Adopted Budget $ 1,050,000 YTD Budget $ 1,826,472 YTD Actual 174% YTD Budget % $ 776,472 Over(Under) Budget • Sales tax revenues are received from the State two months after paid. Because the Town is on a modified accrual basis, we can recognize these revenues when earned. • Current year budget includes $1.2M in revenue projected from the Schwab Phase 1 Situs agreement. – YTD = $300K; received $500K+ • One-time funds related to renovation/new equipment are approximately $290K • Additional one-time funds total approximately $295K o $165K from several construction companies o $130K from a current tenant PROPERTY TAX $ 1,733,356 Adopted Budget $ 512,081 YTD Budget $ 594,147 YTD Actual 116% YTD Budget % $ 82,066 Over(Under) Budget • Income is not distributed evenly over the fiscal year; the YTD budget is calculated on the percentage of revenue collected in the prior year for the same period (29%) 2 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2018 GENERAL FUND FRANCHISE FEES $ 983,815 Adopted Budget $ 110,070 YTD Budget $ 86,358 YTD Actual 78% YTD Budget % $ (23,712) Over(Under) Budget • Receipts for each quarter are typically received 4-6 weeks after the quarter ends. • Several larger payments have not been received to-date PERMITS AND FEES - MISCELLANEOUS $ 263,303 Adopted Budget $ 65,826 YTD Budget $ 28,478 YTD Actual 43% YTD Budget % $ (37,347) Over(Under) Budget • The Miscellaneous permit and fees category is comprised of revenues from four different departments; General Services, Planning and Development, and the Fire Department. Income in these departments/categories will not be distributed evenly over the fiscal year. • The largest items that make up this category are the following: o Development Fees ($14,699) o EMS User Fees ($6,973) o Engineer Review/Civil Fees ($5,200) PERMITS AND FEES - BUILDING $ 4,357,571 Adopted Budget $ 3,533,787 YTD Budget $ 4,358,880 YTD Actual 123% YTD Budget % $ 825,093 Over(Under) Budget • The YTD Budget was calculated using 100% of the Schwab Phase 2 budgeted revenue which totaled 56% of the total budget and 25% of the remaining budget. • Total budgeted for Schwab was $2,444,394 –received $3,533,787; $1,089,393 more than anticipated due to the following: o Budgeted Phase 2 to have similar revenues (slightly more) than Phase 1 o Fee schedule FY 17-18 was used for budgeting; new fees were adopted for FY 18- 19 which increased commercial fees o Valuation was higher than anticipated 3 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2018 GENERAL FUND FINES AND FORFEITURES $ 715,545 Adopted Budget $ 178,886 YTD Budget $ 130,153 YTD Actual 73% YTD Budget % $ (48,733) Over(Under) Budget • Income will not be distributed evenly over the fiscal year • Other revenues (technology, security, warrant fees, collection fees) under budget $1,718 • Citation Revenue (net of state fees) under budget $47,015. o Two of the Town’s long-time officers retired from Keller PD and the two assigned to the Town were in training for one full month. Average citations written monthly have been approximately 373 with the two new officers. We have already seen an increase in January’s citations totaling 564 which is closer to our prior year monthly average. MISCELLANEOUS INCOME $ 293,480 Adopted Budget $ 61,495 YTD Budget $ 88,664 YTD Actual 144% YTD Budget % $ 27,169 Over(Under) Budget • The Miscellaneous Income category is comprised of revenues from six different departments; General Services, Fire Department, Municipal Court, Public Works, Facilities and Communications. It includes items such as mixed beverage tax, interest income, contributions, donations, facility rentals, insurance refunds, etc. This income will not be distributed evenly over the fiscal year. • Excess is primarily interest income 4 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2018 GENERAL FUND TOTAL EXPENDITURES AND OTHER USES $ 12,064,992 Adopted Budget $ 2,469,864 YTD Budget $ 2,154,916 YTD Actual 87% YTD Budget % $ (314,948) Over (Under) Budget PAYROLL AND RELATED $ 4,495,731 Adopted Budget $ 1,186,780 YTD Budget $ 1,065,708 YTD Actual 90% YTD Budget % $ (121,072) Over(Under) Budget • This cost is affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment. OPERATIONS & MAINTENANCE $ 5,083,195 Adopted Budget $ 1,283,084 YTD Budget $ 1,089,208 YTD Actual 85% YTD Budget % $ (193,875) Over(Under) Budget • The Operations and Maintenance category is comprised of several different departments and expenditure classifications. Many of the accounts are event driven and therefore will not be distributed evenly over the fiscal year. As the year progresses, these expenditures should balance out. TRANSFERS IN $ 66,539 Adopted Budget $ 0 YTD Budget $ 0 YTD Actual 0% YTD Budget % $ 0 Over(Under) Budget • This category is comprised of a transfer in from the Utility Fund based on the forecasted Fort Worth Impact Fees on new home construction starts. This amount will be transferred at year end based on actuals receipts. 5 BUILDING PERMITS AND FEES 1ST Quarter Ended 12-31-2018 SINGLE FAMILY RESIDENTIAL PERMITS $ 1,825,263 Total Budget $ 456,316 YTD Budget $ 187,097 YTD Actual 1. GRANADA $ 75,375 YTD Budget $ 25,705 YTD Actual • Budgeted to start 10 homes for the year • 1 building permit has been issued o Granada is a prime neighborhood for development and lot availability and variation is still relatively high 2. ENTRADA $ 208,425 YTD Budget $ -0- YTD Actual • Budgeted to start 30 homes for the year • 0 single-family building permits have been issued o All permit revenues are budgeted to be transferred to Capital Project Fund o -0- building permits are currently under review o -0- building permits on hold due to reaching residential level cap o Entrada has started to receive more attention for residential now that infrastructure is in place. Building permits for Block E (Crescent Custom Homes), Block J (Calais Custom Homes) and Block I (Pentavia Custom Homes) have been issued. With 150 condominium units approved in the Entrada Plaza Mayor by Town Council these numbers will exceed what was budgeted. However, fees for the condominium buildings are calculated under commercial fees instead of residential fees, as they are under one permit per building. 3. VAQUERO $ 13,320 YTD Budget $ 95,335 YTD Actual • Budgeted to start 2 homes for the year • 3 building permits have been issued o Although lot availability in Vaquero is decreasing, permits are still being issued and have performed better than expected (budgeted). 6 BUILDING PERMITS AND FEES 1ST Quarter Ended 12-31-2018 4. QUAIL HOLLOW $ 37,088 YTD Budget $ 62,954 YTD Actual • Budgeted to start 3 homes for the year • 2 building permits have been issued o Quail Hollow was off to a slower start than expected last fiscal year. However, staff has seen an increased interest for the neighborhood now that public improvements are completed. As there are currently permits under review, in- house staff anticipates Quail Hollow to have more housing starts than anticipated for the year. 5. CARLYLE COURT $ 8,793 YTD Budget $ -0- YTD Actual • Budgeted to start 1 home for the year • 0 building permits have been issued o Carlyle Court has received no new building permits. o There are very few lots in the subdivision to develop; the interest in this area is not as high as the newer subdivisions. 6. TERRA BELLA $ 7,949 YTD Budget $ -0- YTD Actual • Budgeted to start 1 home for the year • 0 building permits have been issued o Terra Bella has slowed down for new construction. There are very few lots in the subdivision to develop; therefore, the interest in this area is not as high as the newer subdivisions. 7. THE KNOLLS AT SOLANA $ 87,892 YTD Budget -0- YTD Actual • Budgeted to start 4 homes for the year • 0 building permits have been issued o With subdivision improvements underway, expected completion is anticipated to be the end 2019. The developer has conveyed that most lots have been sold to builders and many are anxious to begin building in the new subdivision. 7 BUILDING PERMITS AND FEES 1ST Quarter Ended 12-31-2018 8. ALL OTHER PERMITS $ 17,475 YTD Budget $ -0- YTD Actual • Budgeted 2 miscellaneous permits for the year • 0 building permits have been issued 8 BUILDING PERMITS AND FEES 1ST Quarter Ended 12-31-2018 COMMERICAL PERMITS & FEES $ 3,201,708 Adopted Budget $ 2,633,910 YTD Budget $ 4,139,386 YTD Actual 1. ENTRADA $ 665,464 Adopted Budget $ 166,366 YTD Budget $ 139,009 YTD Actual • Entrada should be taking off soon with the Entrada Plaza Mayor building permits almost ready to issue. All of Restaurant Row including the Chapel & Reception Hall building permits have been issued along with the parking garage to service those areas located by the gas well pad. Staff has seen interest in the smaller commercial sites located near CVS and Primrose and the retail portion next to the gas well pad site. The developer has also conveyed that the gas well pad may be reconfigured as the new site for the exhibition hall. 2. SCHWAB PHASE 2 (PD3-5) $ 2,444,644 Adopted Budget $ 2,444,644 YTD Budget (Paid in first quarter) $ 3,888,836 YTD Actual • The building permits for Charles Schwab Phase 2 have been issued and groundwork for that area of the campus is beginning to mobilize. The phase 2 campus is expected to be completed by early 2021. • The building permit fee came in significantly more than expected by town staff for the three buildings in phase 2; some of the main reasons why are: o Budgeted Phase 2 to have similar revenues (slightly more) than Phase 1 o Fee schedule FY 17-18 was used for budgeting; new fees were adopted for FY 18-19 which increased commercial fees o Valuation was higher than anticipated 3. SOLANA REMODELS $ 91,600 Adopted Budget $ 22,900 YTD Budget $ 111,541 YTD Actual • The Solana Plaza/Terrace continue to receive remodels for new tenants or expanding tenants. 9 FY 17/18 PY Actuals ADOPTED Allocation YTD Actuals Percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget M 3 months 137,111$ 816,702$ 204,176$ 202,595$ 99%(1,581)$ 7,784 27,193 6,736 13,220 196%6,484 144,895$ 843,895$ 210,911$ 215,815$ 102%4,903$ FY 17/18 PY Actuals ADOPTED Allocation YTD Actuals Percent Over through Annual of the through of YTD (Under) 1st Quarter Budget YTD Budget 1st Quarter Budget Budget Operations & Maintenance 65,572$ 427,811$ 121,707$ 113,639$ 93%(8,067)$ Operating Transfers for Payroll 108,387 555,167 123,371 121,616 99%(1,755) Total Expenditures and Other Uses 173,959$ 982,978$ 245,077$ 235,255$ 96%(9,822)$ FY 17/18 PY Actuals ADOPTED Allocation YTD Actuals through Annual of the through 1st Quarter Budget YTD Budget 1st Quarter $ 144,433 $ 843,895 $ 210,911 $ 215,815 173,959 982,978 245,077 235,255 (29,526)$ (139,083)$ (34,166)$ (19,440)$ 799,168 755,091 755,091 755,091 769,642 616,008 720,925 735,651 - - - - 769,642$ 616,009$ 720,925$ 735,651$ Total Operating Expenditures $173,959 $982,978 $235,255 Daily Operating Cost $2,494 $2,693 $2,693 # of Operating Days Unrestricted 309 229 273 Restricted Funds Net Change to Fund Balance Unrestricted Fund Balance Ending Fund Balance SUMMARY Total Expenditures & Other Uses Total Revenues & Other Sources REVENUES AND OTHER SOURCES (M) Based on number of months of receipts Hotel Occupancy Tax Misc Income Beginning Fund Balance FY 2018/2019 FY 2018/2019 Visitors Association Fund 12/31/18Quarter Ended Quarterly Financial Dashboard EXPENDITURES AND OTHER USES Total Revenues and Other Sources FY 2018/2019 Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 100% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship10 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2018 VISITORS ASSOCIATION FUND TOTAL REVENUES AND OTHER SOURCES $ 843,895 Adopted Budget $ 210,911 YTD Budget $ 215,815 YTD Actual 102% YTD Budget % $ 4,903 Over (Under) Budget HOTEL OCCUPANCY TAX $ 816,702 Adopted Budget $ 204,176 YTD Budget $ 202,595 YTD Actual 99% YTD Budget % $ (1,581) Over(Under) Budget • YTD budget calculation is based on the number of months of receipts received for the same period in the prior year (3 months). o Marriott Hotel Tax – over budget $2,976 o Deloitte Hotel Tax – under budget $4,747 o Other Hotel Tax – over budget $191 MISCELLANEOUS INCOME $ 27,193 Adopted Budget $ 6,736 YTD Budget $ 13,220 YTD Actual 196% YTD Budget % $ 6,484 Over(Under) Budget • This income includes revenues from interest income and insurance refunds. It also includes other types of revenues that will be event driven (i.e.) sponsorships, donations and special events from the Westlake Historical Board, and the Community Tree Lighting. Therefore, the income will not be received evenly over the year. o Dept 10 General Services – over budget $2,127 (interest income) o Dept 24 Historical Board – over budget $4,357 (car show registration/sponsors) 11 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2018 VISITORS ASSOCIATION FUND TOTAL EXPENDITURES AND OTHER USES $ 982,978 Adopted Budget $ 245,077 YTD Budget $ 235,255 YTD Actual 96% YTD Budget % $ (9,822) Over (Under) Budget OPERATIONS AND MAINTENANCE $ 427,811 Adopted Budget $ 121,707 YTD Budget $ 113,639 YTD Actual 93% YTD Budget % $ (8,067) Over(Under) Budget • The Operations and Maintenance category is comprised of expenditures for the following departments; General Services, Communications, Historical Board and the Public Arts Board. Some expenditures will be event driven and therefore, the costs will not be reflected evenly over the year. PAYROLL TRANSFERS $ 555,167 Adopted Budget $ 123,371 YTD Budget $ 121,616 YTD Actual 99% YTD Budget % $ (1,755) Over(Under) Budget • This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; (medical, dental, life, workers comp, unemployment) 12 Utility Fund - 500 Quarterly Financial Dashboard PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals Percent Over through Annual Annual of the through of YTD (Under) 1st Quarter Budget Budget YTD Budget 1st Quarter Budget Budget %Water Revenues 23%878,775 3,302,156$ 3,302,156$ 731,670$ 582,033$ 80%(149,637)$ %Sewer/Waste Revenues 23%314,049 1,144,953 1,144,953 260,910 329,993 126%69,083 Tap/Impact Fee Revenues 17,113 117,816 117,816 29,454 28,536 97%(918) Permit & Fee Revenues 24,800 274,441 274,441 41,075 34,100 83%(6,975) Misc Revenues 26,432 83,135 83,135 20,784 19,149 92%(1,635) Other Sources - Bond Revenue - 2,600,000 - - - -- 1,261,170$ 7,522,501$ 4,922,501$ 1,083,893$ 993,812$ 92%(90,081)$ PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals Percent Over through Annual Annual of the through of YTD (Under) 1st Quarter Budget Budget YTD Budget 1st Quarter Budget Budget Water Purchases 25%397,450$ 1,344,600$ 1,344,600$ 342,447$ 247,439$ 72%(95,008)$ Operations & Maintenance 576,381 2,650,240 2,650,240 581,470 602,810 104%21,340 Operating Transfers for Payroll 25,076 559,024 559,024 139,756 117,284 84%(22,472) Debt Service - Fort Worth Water - 1,711,840 - - - 0%- Transfers Out - 81,539 81,539 - - 0%- 998,907$ 6,347,244$ 4,635,404$ 1,063,673$ 967,532$ 91%(96,141)$ PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals through Annual Annual of the through 1st Quarter Budget Budget YTD Budget 1st Quarter Total Revenues & Other Sources 1,261,170$ 7,522,501$ 4,922,501$ 1,083,893$ 993,812$ Total Expenses 998,907 6,347,244 4,635,404 1,063,673 - Net Change to Fund Balance 262,263 1,175,257 287,097 20,220 993,812 Beginning Fund Balance 779,124 414,523 414,523 414,523 414,523 Endinging Fund Balance 1,041,386 1,589,780 701,620 434,743 1,408,335 Restricted Funds 216,430 1,074,130 205,350 205,350 205,350 Unrestricted Fund Balance 824,956$ 515,650$ 496,270$ 229,393$ 1,202,985$ Total Operating Expenses $973,831 $4,553,865 $4,553,865 $850,249 Daily Operating Cost $11,387 $12,476 $12,476 $12,476 # of Unrestricted Operating Days 72 41 40 96 FY 2018/2019REVENUES AND OTHER SOURCES (%) Based on same % as prior year Total Expenses and Other Uses Total Revenues and Other Sources Quarter Ended 12/31/2018 FY 17/18 SUMMARY FY 17/18 FY 2018/2019 EXPENSES AND OTHER USES FY 17/18 FY 2018/2019 Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 13 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2018 UTILITY FUND TOTAL REVENUES AND OTHER SOURCES $ 7,522,501 Adopted Budget $ 4,922,501 Estimated Budget $ 1,083,893 YTD Budget $ 993,812 YTD Actual 92% YTD Budget % $ (90,081) Over (Under) Budget WATER REVENUES $ 3,302,156 Adopted Budget $ 731,670 YTD Budget $ 582,033 YTD Actual 80% YTD Budget % $ (149,637) Over(Under) Budget • YTD budget calculation is based on the percentage of revenues received for the same period in the prior year (23%) • Variance is primarily caused by the wetter winter this year SEWER/WASTE REVENUES $ 1,144,953 Adopted Budget $ 260,910 YTD Budget $ 329,993 YTD Actual 126% YTD Budget % $ 69,083 Over(Under) Budget • YTD budget calculation is based on the percentage of revenues received for the same period in the prior year (23%) • Residential sewer averages work in correlation with water usage based on the prior year winter quarter average months of December, January, and February consumption • Commercial is based on the actual consumption 14 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2018 UTILITY FUND TAP AND IMPACT FEE REVENUES $ 117,816 Adopted Budget $ 29,454 YTD Budget $ 28,536 YTD Actual 97% YTD Budget % $ (918)Over(Under) Budget •These revenues are a direct reflection of new home starts and commercial building. •This revenue category is on target for the first quarter PERMIT AND FEE REVENUES $ 274,441 Adopted Budget $ 41,075 YTD Budget $ 34,100 YTD Actual 83% YTD Budget % $ (6,976) Over(Under) Budget •Permit and Fee revenues are comprised of 3 different revenue types; o Duct Bank Permit Fees - are a direct reflection of new home starts and are calculated using the Planning and Development forecast. Revenue is recorded as new home permits are processed; The total annual budget is $164,300; YTD budget is $41,075; actual received YTD is $34,100 o Deferred Duct Bank Revenue - from multi-year Duct Bank Fees received in prior years and allocated over length of the lease; Total annual budget is $40,391; will be recorded at year end o TRA Wastewater Settle-up Fees - Total annual budget is $69,750; will be received/recorded at year end MISCELLANEOUS REVENUES $ 83,135 Adopted Budget $ 20,784 YTD Budget $ 19,149 YTD Actual 92% YTD Budget % $ (1,635) Over(Under) Budget •Miscellaneous revenues are comprised of several different revenue types, the majority (67%) being interest income at $55,300; other revenue types include, meter repair and replacement, insurance refunds, and credit card administrative fees. •Revenues are on target for the first quarter 15 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2018 UTILITY FUND OTHER SOURCES - BOND REVENUES $ 2,600,000 Adopted Budget $ 0 Estimated Budget $ 0 YTD Budget $ 0 YTD Actual 0% YTD Budget % $ 0 Over(Under) Budget • Bond revenues of $2.6M for the Fort Worth Water Line project have been transferred to the Utility Construction Fund #515 • This fund will be reviewed in the Capital Project Section of the quarterly reports 16 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2018 UTILITY FUND TOTAL EXPENDITURES AND OTHER USES $ 6,347,244 Adopted Budget $ 4,635,404 Estimated Budget $ 1,063,673 YTD Budget $ 967,532 YTD Actual 91% YTD Budget % $ ( 96,141) Over (Under) Budget WATER PURCHASES $ 1,344,600 Adopted Budget $ 342,447 YTD Budget $ 247,439 YTD Actual 72% YTD Budget % $ (95,008) Over(Under) Budget • YTD budget calculation is based on the percentage of invoices paid for the same period in the prior year (25%). Much like the revenue which is impacted by the wetter winter as compared to last year. OPERATIONS AND MAINTENANCE $ 2,650,240 Adopted Budget $ 581,470 YTD Budget $ 602,810 YTD Actual 104% YTD Budget % $ 21,340 Over(Under) Budget • Operations and Maintenance is comprised of several different expense types, and as the year progresses, these expenses should balance out. • Capital Outlay – under budget $7,521 o This category is comprised of water taps, water meters and equipment, miscellaneous mechanical equipment, and computer software and hardware. • Debt Payments – No YTD budget due to annual payments o Keller Overhead Storage – will be recorded at year end by journal entry. o Ground Storage Tank – will be recorded at year end by journal entry. • Repair & Maintenance – over budget $3,206 o This category is comprised of several different account numbers for repair and maintenance of water mains, sewer mains, pump stations and lift stations vehicles, storage tank, etc. Some expenditures will be event driven and therefore, the costs will not be reflected evenly over the year. 17 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2018 UTILITY FUND • Rent & Utilities – under budget $7,482 o This includes a portion of the rent/lease payments for the current municipal office space that is on a 10-year tiered schedule; It also includes costs for telephone, internet, water and electric • Services – over budget $43,849 o This includes costs of attorney fees, auditors, bank charges, engineering fees, auto insurance, property insurance, water testing, software maintenance, utility billing fees, etc. As the year progresses, these expenses should balance out. o This account is primarily over budget due to the Southlake Wastewater Treatment; this line item was budgeted with the assumption the sanitary metering station would be completed last fiscal year which would have transferred the billing to TRA. Unfortunately, the meter station construction has been delayed due to the temporary injunction, however the developer anticipates work to start back up within the next 30 days and should be completed and transferred to TRA within the next 6 months. • Supplies – under budget $418 o This includes costs for safety supplies, miscellaneous hand tools, chemical supplies, office supplies, vehicle fuel, uniforms, etc. As the year progresses, these expenses should balance out • Travel & Training – under budget $1,526 o Includes Airfare, care rental, parking fees, meals mileage, training, books, and registrations; As the year progresses, these expenses should balance out. OPERATING TRANSFERS FOR PAYROLL COSTS $ 559,024 Adopted Budget $ 139,756 YTD Budget $ 117,284 YTD Actual 84% YTD Budget % $ (22,472) Over(Under) Budget • This cost is affected by employee taxes and insurance costs and will fluctuate as policies change; medical, dental, life, workers comp, and unemployment. 18 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2018 UTILITY FUND DEBT SERVICE – FW WATER LINE $ 1,711,840 Adopted Budget $ 0 Estimated Budget $ 0 YTD Budget $ 0 YTD Actual 0% YTD Budget % $ 0 Over(Under) Budget • Debt Service of $1.7M for the Fort Worth Water Line project has been transferred to the Utility Construction Fund #515 • This fund will be reviewed in the Capital Project Section of the quarterly reports TRANSFERS OUT $ 81,539 Adopted Budget $ 0 YTD Budget $ 0 YTD Actual 0% YTD Budget % $ 0 Over(Under) Budget • This category is comprised of a transfer out to the General Fund based on the forecasted Fort Worth Impact Fees on new home construction starts. This amount will be transferred at year end based on actuals receipts. 19 Town of Westlake Updated through 2/14/2019 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER FIRE STATION COMPLEX This project is about to be completed! The system test is underway with the interior finishes being completed by February 28. The move in date is anticipated to be the first week of March with landscaping to be installed by mid-March. The grand opening will be held on March 23rd. TOTAL Over (Under) Acct Description ACTUALS BUDGET Budget Use of Fund Balance - 319,674 (319,674) Misc Contribution 2016 CO 246,750 246,750 - Bond Issuance Tax Note 2017 1,530,000 1,530,000 - Bond Proceeds 2016 CO 9,180,000 9,180,000 - Contributions Private 1,200,000 1,200,000 - Total Revenues 12,156,750 12,476,424 (319,674) Engineering 62,229 578,032 (515,804) Construction Expense 7,066,734 7,987,281 (920,547) Land Value Exterior Expense 1,750,000 1,750,000 - Design Fees 920,355 802,000 118,355 Furniture & Fixtures 37,986 275,000 (237,014) Security Service 241 317,500 (317,259) Contingency 16,054 182,700 (166,646) Misc/Land/Foundation 0 262,325 (262,325) Appraisal Fees 10,885 13,000 (2,115) Misc Legal 12,853 16,000 (3,147) Boyle & Lowry 28,638 35,000 (6,363) Advertising 0 3,500 (3,500) Bond Issuance Tax Note 2017 29,232 29,232 - Bond Issuance 2016 CO 222,454 222,454 - Printing 1,330 2,400 (1,070) Irrigation R&M 11,203 - 11,203 Network/Server 178,234 - 178,234 Utility Set Up 4,852 - 4,852 Public Notices 776 - 776 Misc. Expense 5,527 - 5,527 Total Expenditures 10,359,582 12,476,424 (2,116,842) NET $ 1,797,168 $ - $ (1,797,168) 20 Town of Westlake Update for Quarter Ended 12/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD WATER LINE PROJECT FY 17/18 FY 18/19 GRAND TOTAL over(under) Account Number Acct Description Actuals Actuals TOTAL BUDGET Budget 515-33501-16-000 Bond Proceeds $ - $ 2,100,000 $ 2,100,000 $2,100,000 $ - Total Revenues - 2,100,000 2,100,000 2,100,000 - 515-43310-16-000 Attorney - Boyle & Lowry 2,450 800 3,250 3,250 - 515-48838-16-000 Bond Issuance Fees - 44,250 44,250 44,250 - 515-46195-16-000 Construction - - - 2,052,500 (2,052,500) Total Expenditures 2,450 45,050 47,500 2,100,000 (2,052,500) Net Revenues over(under) Expeditures $(2,450) $2,054,950 $2,052,500 $ - $2,052,500 The City of Fort Worth’s contractor has been working on the west side of the railroad boring under SH 170 and all local road crossings in Fort Worth and laying waterline. The contractor still must bore under the railroad and Hwy 377. We are waiting for an update construction schedule from the Fort Worth engineer. 21 Town of Westlake Update for Quarter Ended 12/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER TRAIL PROJECTS The following Capital Projects are proposed to be funded by a bond issuance that will be placed on a future Council Agenda for discussion. GL ACCOUNT NUMBER GL DESCRIPTION Adopted Budget YTD Actuals Variance 410-74400-19-000-000042 1. Trail Connection at 114/Solana $ 30,000 $ - $ 30,000 410-74400-19-000-000053 2. Trail - Dove/Pearson/Aspen 290,016 - 290,016 $ 320,016 $ - $ 320,016 1. Trail Connection at 114/Solana #42 This project will extend existing 8 feet concrete trail an estimated 1,000 feet from the west side of Hwy 114 to the east side of Hwy 114. The project will start at the same time the signal project for the intersection of Solana Blvd and Hwy 114 begins. 2. Trail - Dove/Pearson/Aspen #53 This project will provide trail connectivity from Aspen Lane north to Dove Road along the east side of Pearson Road. It will also include crosswalk devices at the corner of Dove and Pearson. ACADEMY PROJECTS GL ACCOUNT NUMBER GL DESCRIPTION Adopted Budget YTD Actuals Variance 410-73000-17-000-000077 1. WA-Pond Repairs $ 82,000 $ - $ 82,000 1. Westlake Pond Repairs #77 The irrigation pond at the Westlake Academy continues to leak on the east side with water running onto the property east of the campus. In March of 2017 a clay dam was installed which has slowed the water flow. This project will remove the silt from the pond and install a clay liner. 22 Town of Westlake Update for Quarter Ended 12/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER SIGNAGE PROJECTS GL ACCOUNT NUMBER GL DESCRIPTION Adopted Budget YTD Actuals Variance 410-74400-19-000-000067 2. Wayfinding Signage $ 229,500 $ - $ 229,500 2. Wayfinding Signage #67 The "Wayfinding" Sign Project will showcase the town’s major venues, direct visitors through major corridors that lead to various Town destinations and trails. The project would include the locations, design and cost estimates to create and install the wayfinding signage. The package will include but not be limited to the following, • Development of a Master Plan to provide staff a guideline and template for wayfinding implementation. • Recognizable wayfinding system that is easily adaptable for future development • Create a signage system that blends into Westlake • Material selections • Define trail access points 23 Town of Westlake Update for Quarter Ended 12/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER CEMETERY PROJECTS The following Capital Project is cash funded GL ACCOUNT NUMBER GL DESCRIPTION Adopted Budget YTD Actuals Variance 410-73000-19-000-000076 Cemetery Improvements $ 50,000 $ - $ 50,000 Cemetery Improvements #76 In 2018 staff completed the following improvements at the Cemetery: • Pipe and cable fence extension on the south property • Removal of the old cell tower concrete pad • Added concrete headwalls to all three entrances • Installed 2-inch water line to irrigate the trees in the cemetery • Installed the stone on all the head walls • Completed a tree survey and topography of the five acres • Hired an architect firm to create a master plan of the cemetery Staff is currently working with the architect firm on the master plan for the cemetery which will be presented to the council in the spring 2019. 24 Town of Westlake Update for Quarter Ended 12/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JASON POWER TECHNOLOGY PROJECTS GL ACCOUNT NUMBER GL DESCRIPTION Adopted Budget YTD Actuals Variance 410-74400-20-000-000081 Fiber Connectivity $ 300,000 $ 9,000 $ 291,000 This project will reduce critical infrastructure downtime - with the addition of the EOC at the new Fire/EMS station and a complete fiber duct between all our locations, we have the opportunity to install our own dark fiber between all of the locations to provide redundant and faster connectivity than is currently sourced through available providers. As we have moved to a virtual server architecture, having our own fast fiber connectivity between locations will allow us to move virtual servers to any location when necessary (disaster recovery, scheduled hardware down time for updates, upgrades, repairs, etc.). We will be able to have our data available at any of the locations without any reduction in speed or productivity. Using our own fiber will allow us greater flexibility in internet connectivity - options to combine the internet connection at each location into a single faster connection, or reduce or remove internet connectivity costs at one or more locations and route all internet traffic through fewer locations. With this rollout, we would start with 10Gbps connectivity between all of our locations (approximately 100X faster than our current connections), with the ability to increase to 40Gbps - 200Gbps in the future. We will work with consultants experienced in sourcing options for dark fiber connectivity to compile bid options for the project. 25 Town of Westlake Update for Quarter Ended 12/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD TRANSPORTATION PROJECTS The following Capital Projects are proposed to be funded by a bond issuance that will be placed on a future Council Agenda for discussion. GL ACCOUNT NUMBER GL DESCRIPTION Adopted Budget YTD Actuals Variance 410-73000-16-000-000040 1. Sam School Road R&D $ 281,960 $ - $ 281,960 410-73000-16-000-000075 2. Flashing Crosswalk Lights 80,000 - 80,000 410-73000-16-000-000078 3. Solana Pavement Repair 90,000 - 90,000 410-73000-16-000-000079 4. Wyck Hill Pavement Resurface 54,450 - 54,450 410-73000-16-000-000080 5. FM1938 Pavement Repairs 80,000 - 80,000 $ 586,410 $ - $ 586,410 1. Sam School Road Reconstruction and Drainage #40 The project will provide stabilization of road subgrade and 6" of asphalt to approximately 2,000 LF of Sam School Road and replace/improve culverts and ditches, consistent with 2011 Graham Pavement Evaluation Study. Anticipate crack sealing 2nd year from completion. Includes 150 linear feet of sidewalk. 2. Flashing Crosswalk Lights #75 The town trail system currently starts and/or stops at the Westlake Academy campus. The use of the trail has increased over the past two years due to the growth of the community and the Academy. Flashing light at the crosswalk would give vehicles a warning that pedestrians are crossing at Dove Rd & Ottinger or Dove Rd &Pearson. This project includes flashing signs and lights being installed in the pavement. Includes three flashing lights and striping of the crosswalk at Dove and Pearson. Lights would be activated by pedestrians walking on the trail that would need to cross over Dove to go north on Pearson. 3. Solana Pavement Repair #78 This project will provide repairs to several sections of concrete pavement failures on Solana Boulevard. The repairs will consist of removal/replacement of concrete and failed subgrade and traffic control. 4. Wyck Hill Pavement Resurface #79 This project will provide for the removal and replacement of 1" to 2" of the existing 6" asphalt on Wyck Hill Lane. The existing subgrade is in excellent condition and does not require re-stabilization. 5. FM1938 Pavement Repairs #80 This project will provide repairs to several sections of stamped/stained concrete pavement failures on FM 1938. The repairs will consist of removal/replacement of concrete and failed subgrade and traffic control 26 Town of Westlake Update for Quarter Ended 12/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD TRANSPORTATION PROJECTS The following Capital Project is cash funded GL ACCOUNT NUMBER GL DESCRIPTION Adopted Budget YTD Actuals Variance 410-74400-16-000-000020 FM1938 Town Improvements $ 220,000 $ 51,321 $ 168,679 FM1938 Town Improvements #20 This work includes repair and replacement of irrigation, wheelchair ramps and sidewalk. Other improvements include landscape replacement that is scheduled to be completed this spring for plants that are dead or in need of repair through the FM 1938 corridor. Funding for this work is from project savings from the 2012 FM 1938 TxDOT road construction landscape project and the subsequent 2013 streetscape project. 27 Page 1 of 2 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Discussion regarding contract with N.G. Painting for repairs and repainting of the 685,000-gallon ground storage tank and amending the adopted budget to provide funding. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 25, 2019 Completion Date: May 11, 2019 Funding Amount: $276,200 Status - Funded Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The 685,000-ground storage tank is constructed of steel, approaching 18 years of service life, and needs maintenance and repainting consistent with industry standards. Testing of the tank has been performed and repairs to the inside need to be made along with the painting of the inside and outside. As you may recall, the addition of the 1MG ground storage tank in 2014 is allowing the 685,000- gallon tank to be taken out of service for the duration of repair and repainting without jeopardizing water service delivery to Westlake residents and customers. Page 2 of 2 Staff advertised the project and received four bids, with N.G. Painting providing the lowest bid of $276,200. The proposed contract will require a budget amendment to the Ground Storage Tank Repainting project in the Utility Maintenance and Replacement Fund for an additional $186,200. If approved, the Utility Maintenance and Replacement fund balance of $785,851 would be reduced by $186,200. The project budget of $90,000 was based on an estimate provided by a ground storage tank- painting contractor who was only able to visually inspect the exterior. The interior needs were determined from staff’s then most recent video inspection. This increase is due to the amount of damaged/defective paint and metal discovered that must be repaired, as identified by the Town’s consulting engineer, Teague-Nall and Perkins. The existing paint will be completely removed from the interior in order for the necessary repairs to be made to the metal structure. RECOMMENDATION Staff recommends approval of the proposed Resolution. ATTACHMENTS Engineer’s bid evaluation and recommendation with bid tab Forms 1295 and 2270 Resolution with Attachment “A” Page 1 of 1 Westlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Presentation and discussion of our Legislative priorities for 2019 and any progress or discussions had to date regarding the 86th Legislative Session STAFF CONTACT: Amanda DeGan, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity-driven Government Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 8, 2019 Completion Date: May 27, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town Council approved legislative priorities for the community in November of 2018, which covered the following topics: education, finance, governance, and transportation. As a result of the current session, staff is monitoring various bills and engaging in conversation with local municipalities (and others) to determine what impact the proposed changes might have on our community. Staff will provide an update on the discussion and progress of the various bills. SUMMARY AND RECOMMENDATION Discussion and feedback regarding the information ATTACHMENTS None Development Snapshot January 2019 SH 114 US377J T O T TINGER R D SOLANABLVD I N DIA NCREEKDR BYRON N E L S O N B L V D ROANOKE RDW ESTLAKEPKWYDAVIS BLVDTROPHYCLUBDRDOV E RD MAIN S T PAR I S H L N PEARSON LNS C HWAB WAY SH 170 DAVIS BLVDPEARSON LNUS 377US 377DOVE R D S H 1 7 0 ROANOKE RDDOVE RD DAVIS BLVDS O L A N A B LVD SH 114 US 377SH 114 DOVE RD MAIN S T IN D IA N CREEKDR72 51 46 45 37 28 19 5 73 71 47 43 40 383635 34 302925 23 22 17 15 14 13 11 DEVELOPMENT ACTIVITIES MAP - JANUARY 2019 CITY OF ROANOKE CITY OF FORT WORTH TOWN OF TROPHY CLUB CITY OF SOUTHLAKE CITY OF KELLER Legend Announced Conceptual Under Construction Existing Town Limits This map if form information purposes only ¯ Development Activities Status—January 2019 Project No. Project / Development Name Land Use Number of Lots/ Units Size Development Status Percent Complete Estimated Completion 5 Vaquero Residential 296 510 acres 264/296 lots under construction or completed 87.33% N/A 11, 45, 46, 47 Charles Schwab Phase 1 Office 554,000 29 acres Phase 1 under construction 65% Fall 2019 13 Granada Phase 1 Residential 41 84 acres 39/41 lots under construction or completed 84.15% N/A Granada Phase 2 43 21/43 lots under construction or completed 34.88% N/A 14 Carlyle Court Residential 8 10 acres 7/8 lots under construction or completed 75% N/A 15 Knolls at Solana Residential 56 62.5 acres Infrastructure improvements under construction 0% N/A 17 Quail Hollow Residential 96 188 acres 5/96 lots under construction 3.65% N/A 19 Terra Bella Residential 26 55 acres 25/26 lots under construction or completed 86.54% N/A 22 Fire/EMS Station Government 1 5 acres Under construction 90% March 2019 23, 72, 73 Charles Schwab Phase 2 Office 616,000 30 acres Phase 2 site work under construction -% 2021 25 Spec’s Retail 1 12,000 sf Additional square footage under construction 25% 2019 28 Entrada Residential Residential J: 6 units I: 12 units E: 12/14 units 2,700sf- 4,500sf Block J has 6/6 lots currently under construction Block I has 12/12 lots currently under construction Block E has 12/14 lots currently under construction 4.66% Varies 29,30 Entrada Retail Corner Retail / Office 4 ~50,000 s.f. Retail Corner under construction; Starbucks under construction 25% Fall 2019/2020 34 Entrada Plaza Mayor Hospitality, Condominium, Retail 4 5 acres Site work and foundations under construction -% 2021 35, 38, 40, 43, 71 Restaurant Row / Chapel & Reception Hall / Gas Well Garage Restaurants / Entertainment 5 A: 15,422 sf B/C: 22,414 sf Under construction 15% 2019 51 Paigebrooke Residential 6 20 acres 4/6 lots under construction or completed 66.66% N/A Residential Subdivision Buildout—January 2019 Subdivision Name Plat Date Total Lots Vacant Lots Size (Acres) Development Status Percent Complete Building Permits Issued Finals Issued Aspen Lane/Shelby Estates 4/7/1981 8 0 132.6 Built-out 100% 8 8 Carlyle Court 3/7/2016 8 1 10.2 Under development 75% 7 5 Entrada 12/14/2015 322 292 85.9 Under development 4.66% 30 0 Glenwyck Farms 3/13/2000 84 0 104.3 Built-out 100.00% 84 84 Granada Phase I 6/17/2013 41 3 84.3 Under development 84.15%39 29 Granada Phase II 12/12/2016 43 23 31.88% 21 9 Knolls at Solana - 56 56 62.5 Under development 0.00% 0 0 Mahotea Boone (Carpenter)12/9/1977 14 0 31.6 Built-out 100.00% 14 14 Paigebrooke 3/8/2004 6 2 20.3 Under development 66.67% 4 4 Quail Hollow 3/28/2016 96 91 188.3 Under development 3.65%7 0 Stagecoach 8/16/1971 47 6 55.5 Mostly built-out 86.17% 41 40 Terra Bella 11/11/2008 26 1 54.8 Under development 86.54% 25 20 Vaquero 3/27/2000 296 32 510 Mostly built-out 87.33%264 253 Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 84.62% 11 11 Other/Miscellaneous - 23 2 - Mostly built-out 86.96% 21 19 1,083 507 1,362.7 49.54% 576 497 Block J Block I Block I (Piedra Court) SP | Ord 847 | 2-26-18 Gas Well Pad Site SP | Ord 778 | 3-28-16Block P Block M Block H Block G Block F Block L Sales Office Block D Primrose CVS Amphitheater SP | Ord 777 | 03-28-16 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 RP | Res 18-10 | 2-26-18 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16Block DPlaza Mayor SP | Ord 854 | 5-21-18 Chapel / Reception Hall SP | Ord 853 | 4-30-18 Phase 2 DP | Ord 830 | 06-19-17Block E BUILDING LEGEND Site Plan Received Site Plan Approved Building Permit Received Building Under Construction Building Completed Block C Entrada Status Map — January 2019 Entrada Project Status—January 2019Project Name Number of Lots/Units Size Contractor Development Status Estimated Completion CVS Pharmacy 1 13,378 sf Wurzel Builders Completed February 2017 Primrose Daycare 1 12,460 sf Cooper General Contractors Completed May 2017 Entrada Sales Center 1 3,463 sf Crescent Custom Homes Completed June 2018 Entrada Retail Corner 3 Retail Office: 43,336 sf Starbucks: 2,834 sf Retail 1: 1,370 sf Diesel Design Build Building permits issued; under construction Fall 2019 /Early 2020Entrada Residential Block J 6 ~4,500 sf ea Calais Custom Homes Building permits issued; under construction; 3 units nearing completion Varies Entrada Residential Block E 14 ~5,000 sf ea Crescent Custom Homes Building permits issued; under construction; 5 units nearing completion Varies Entrada Residential Block I 12 ~3,600 sf ea Pentavia Custom Homes Building permits issued; under construction Varies Pedestrian Bridge 1 - Crescent Custom Homes Building permit issued; under construction 2019 Gas Pad Parking Garage 1 148,398 sf Diesel Design Build Building permit issued; under construction 2019 Restaurant Row 3 A: 15,422 sf B/C: 22,414 sf Crescent Custom Homes Building permits issued for all of restaurant row; under construction 2019 Chapel & Reception Hall 2 Chapel: 3,207 Reception Hall: 14,418 sf Crescent Custom Homes Building permits issued; under construction 2019 Entrada Plaza Mayor 4 Hotel: 95,048 sf Condo A: N/A Condo B: 131,571 sf Parking Garage: 120,912 SF Tri-Arc Building plans under review; site work under construction 2021 Town of Westlake's Building Permit - Monthly Report Month of January, 2019 Project Number Project Type Full Address Permit Issued Date Owner Name Tenant Name Contractor Business Name Square Footage Value RMDLC - 19 - 0010 Commercial Remodel Permit (C) Marriott Hotel 1301 Solana Blvd. Bldg. No. 3 Westlake, TX 76262 01/30/2019 Marriott Hotel BRE Solana, LLC Marriott Hotel Moline Construction Management, Inc 600 $10,000.00 Commercial Remodel Permit (C) Total Value $10,000.00 (Avg.: $10,000.00) Total Square Footage 600.00 (Avg.: 600.00) Permits Issued:1 FENCE - 18 - 0334 Fence Permit / Retaining Wall 1695 Terra Bella Dr. Westlake, TX 76262 01/08/2019 Michael J Murray & Karen Murray T-Bar Fence, Inc.$10,000.00 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 02/04/2019 at 12:00 PM Page 1 of 5 FENCE - 18 - 0356 Fence Permit / Retaining Wall 1740 Carlyle Ct. Westlake, TX 76262 01/04/2019 Jack Waterstreet Abigail Waterstreet Tejas Stone Works $16,000.00 Fence Permit / Retaining Wall Total Value $26,000.00 (Avg.: $13,000.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:2 GRADE - 19 - 0008 Grading Permit Schwab Bank Branch 3000 Schwab Way Westlake, TX 76262 01/25/2019 CS Kinross Lake Parkway C/O Charles Schwab Charles Schwab DPR Construction Grading Permit Total Value $0.00 (Avg.: $0.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 IRR - 18 - 0312 Irrigation Permit (R) 1695 Terra Bella Dr. Westlake, TX 76262 01/08/2019 Michael J Murray & Karen Murray Riverside Irrigation $7,600.00 IRR - 18 - 0342 Irrigation Permit (R) 2025 Granada Trl. Westlake, TX 76262 01/03/2019 Neal Asaad Kim Asaad Lawn Connections $8,000.00 Irrigation Permit (R) Total Value $15,600.00 (Avg.: $7,800.00) Total Square Footage 0.00 (Avg.: 0.00) MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 02/04/2019 at 12:00 PM Page 2 of 5 Permits Issued:2 SFR - 18 - 0344 New Single Family Home Permit (R) 1826 Seville Cove Westlake, TX 76262 01/14/2019 Sofeil Development, LLC Pentavia Custom Homes 8,177 $1,500,000.00 SFR - 18 - 0345 New Single Family Home Permit (R) 1814 Scenic Cir. Westlake, TX 76262 01/15/2019 Thomas & Tina Kidd Veranda Designer Homes 11,356 $3,000,000.00 SFR - 18 - 0349 New Single Family Home Permit (R) 1804 Glade Ct. Westlake, TX 76262 01/25/2019 Cole Hamels Heidi Hamels Cary Hy Custom Homes 19,587 $2,250,000.00 New Single Family Home Permit (R) Total Value $6,750,000.00 (Avg.: $2,250,000.00) Total Square Footage 39,120.00 (Avg.: 13,040.00) Permits Issued:3 PLMBC - 19 - 0005 Plumbing Permit (C) 1 Deloitte Way 2501 Westlake Parkway Westlake, TX 76262 01/22/2019 DCLI, LLC TD Industries (Plumbing)$1,435.00 PLMBC - 19 - 0015 Plumbing Permit (C) 1600 Solana Blvd. Bldg. No. 8 Suite 8300 Westlake, TX 76262 01/28/2019 BRE Solana, LLC TD Industries (Plumbing)$3,700.00 Plumbing Permit (C) Total Value $5,135.00 (Avg.: $2,567.50) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:2 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 02/04/2019 at 12:00 PM Page 3 of 5 PLMBR - 19 - 0011 Plumbing Permit (R) 2600 J T Ottinger Rd. Westlake, TX 76262 01/22/2019 Town of Westlake Service Response Team $900.00 Plumbing Permit (R) Total Value $900.00 (Avg.: $900.00) Total Square Footage 0.00 (Avg.: 0.00) Permits Issued:1 POOL - 18 - 0354 Pool Permit 2206 Barcelona Ct. Westlake, TX 76262 01/11/2019 Julie Cloud Claffey Pools 712 $100,000.00 POOL - 18 - 0357 Pool Permit 1904 Gaillardia Ct. Westlake, TX 76262 01/04/2019 Ted Christensen Kathleen Christensen Watercrest Pools Inc.1,331 $80,000.00 POOL - 19 - 0007 Pool Permit 2307 Cedar Elm Terr. Westlake, TX 76262 01/25/2019 Jim & Leslie Shindler Watercrest Pools Inc.1,752 $75,000.00 Pool Permit Total Value $255,000.00 (Avg.: $85,000.00) Total Square Footage 3,795.00 (Avg.: 1,265.00) Permits Issued:3 ACCR - 19 - 0004 Residential Accessory Permit (R) 2002 Scissortail Pl. Westlake, TX 76262 01/25/2019 Sansone Revocable Trust Claffey Pools 453 $45,000.00 Residential Accessory Permit (R) MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 02/04/2019 at 12:00 PM Page 4 of 5 Total Value $45,000.00 (Avg.: $45,000.00) Total Square Footage 453.00 (Avg.: 453.00) Permits Issued:1 SIGN - 18 - 0325 Sign Permit 2301 Hwy 114 Westlake, TX 76262 01/23/2019 FMR Texas LTD PRTNSHP LNS Signs 256 $200,000.00 Sign Permit Total Value $200,000.00 (Avg.: $200,000.00) Total Square Footage 256.00 (Avg.: 256.00) Permits Issued:1 TOTALS:Square Footage:44,224.00 (Avg.: 2,764.00) Value:$7,307,635.00 (Avg.: $456,727.19) Total Projects:17 Permits Issued:17 MYGOV.US Town of Westlake | Building Permit - Monthly Report | Printed 02/04/2019 at 12:00 PM Page 5 of 5 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana e. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 7 – Council Recap / Staff Direction Town Council Item # 8 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Town Council Work Session/Meeting Monday, February 28, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers Westlake Academy Foundation’s 16th Annual Gallery Night Saturday, March 2, 2019; 6:00 – 11:30 pm Texas Motor Speedway, 3545 Lone Star Circle, Fort Worth, 76177 - Always a “don’t miss” event for the Westlake community and our shining school on the hill; Be sure to visit the WestlakeAcademyFoundation.org for all the details about this year’s Gallery Night. Give Foundation Director Dr. Shelly Myers a call at 817-490-5722 or at smyers@westlakeacademy.org today! Coffee & Conversation with the Mayor/Board President Monday, March 4, 2019; 8:00 – 9:30 am Marriott Solana Hotel – Great Room -Thank you to the Marriott for providing complimentary coffee & tea each month! Board of Trustees Work Session/Meeting & Brief Town Council Meeting Monday, March 4, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers Westlake Historical Preservation Society (WHPS) Board Meeting Tuesday, March 5, 2019; 6:00 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers Westlake Academy Danish & Dialogue with school leaders Wednesday, March 6, 2019; 8:00 am – 9:00 am WA Campus – Sam & Margaret Lee Fieldhouse Classroom -Open to all Westlake & WA parents/grandparents: current and for those considering or wanting to learn more about our community’s charter school. For more, visit WestlakeAcademy.org, and look under the tabs About Us/Danish & Dialogue. Alliance Development Forum (ADF) Annual Luncheon; Hosted by the Northwest Metroport Chamber Friday, March 8, 2019; 11:00 am – 1:30 pm DFW Champions Circle Marriott Hotel & Golf Club, -Held each year to showcase the economic viability and strength of this Chamber’s 7 city region, attendees will learn more behind the Why here? and What’s next? from developers and site locators regarding the success of NE Tarrant & Denton Co. growth. If you are interested in attending, please contact Ginger Awtry via email or at 817-490-5719. Westlake Academy CLOSED for Spring Break Monday, March 11 through Friday, March 15, 2019 Planning & Zoning Work Session/Meeting Monday, March 11, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers Public Art Competition Advisory Committee Meeting Monday, March 18, 2019; 11:00 am* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers Town Council Item # 2 – Items of Community Interest Westlake Fire-EMS Station 1 Grand Opening Saturday, March 23, 2019; 9:00 am – 12:00 pm at 2000 Dove Road – Please join us and let’s celebrate together with a special grand opening for our community’s new Fire-EMS Station; There’ll be special guests, a unique “ribbon cutting” experience, a traditional “pushing-in ceremony” with the fire truck, food, station tours, and more. We really hope you will be able to join us on this Saturday morning – even if you can just stop by for a few minutes! Look for your invitation in the mail soon. Questions? Contact Facilities & Recreation Assistant Darcy McFarlane via email or at 817-490-5768 Town Council Work Session/Meeting Monday, March 25, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 - Council Chambers Retirement Reception for former Town Manager Tom Brymer Thursday, March 28, 2019; 5:00 – 8:00 pm Westlake Fire-EMS Station No.1, 2000 Dove Road -We hope to see you at this special time and fitting place to honor Tom Brymer and his family. Join our elected officials, special guests, and Town staff, as our community and stakeholders come together to show our support and appreciation to Tom for his 11 years of committed service to Westlake with more than 43 years of dedicated public service to many other citizens in Texas and Kansas. Save the Dates in April for these important events coming up soon in our community… ♦ Westlake Academy’s 2nd Annual Golden Tassel Top 10% Dinner – April 11 ♦ First 2019 MasterWorks Spring Concert in Westlake with Grammy winning band, Brave Combo – April 11 ♦ WA Fine Arts Day & Inaugural Dinner Theatre – April 13 ♦ Final 2019 MasterWorks Spring Concert in Westlake with Journey tribute band, Escape – April 25 *For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council Item # 3 – Citizen Comments CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on January 28, 2018. b. Consider approval of Resolution 19-08, Authorizing the Town Manager to execute an agreement with the State of Texas for furnishing, installing, operation and maintenance of traffic signal preemption equipment on state highway rights-of-way. c. Consider approval of Resolution 19-09, authorizing the Town Manager to execute a contract with N.G. Painting for repairs and repainting of the 685,000-gallon ground storage tank and amending the adopted budget to provide funding. d. Consider approval of Resolution 19-10, Approving amendments to the Personnel Manual. e. Consider approval of Ordinance 880, Canceling the May 4, 2019, General Election and declaring each unopposed candidate elected to office. Town Council Item # 4 – Consent Agenda Town Council Minutes 01/28/19 Page 1 of 6 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING January 28, 2019 PRESENT: Council Members Michael Barrett, Alesa Belvedere, Greg Goble, and Rick Rennhack. ABSENT: Mayor Laura Wheat and Council Member Carol Langdon OTHERS PRESENT: Assistant to the Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Building Official Pat Cooke, Development Coordinator Nick Ford, Finance Director Debbie Piper, Director of Facilities & Parks Troy Meyer, Communications Manager Jon Sasser and Chief Mike Wilson. Work Session 1. CALL TO ORDER Council Member Rennhack called the work session to order at 5:04 p.m. 2. PLEDGE OF ALLEGIANCE Council Member Rennhack led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 01/28/19 Page 2 of 6 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Director Greenwood provided an update and overview regarding the change order for Core construction. 4. DISCUSSION ITEMS a. Standing Item: Presentation and discussion of development projects per Staff report December 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Coordinator Ford provided an overview of the following developments: Entrada: update regarding construction of the following: residential, retail corner, pedestrian bridge, restaurant area, parking garage, Starbucks, and new retail office area near CVS and Primrose. The Knolls: signage regarding construction along the trail, cutting the driveway and approach and grading the area as permitted. Quail Hollow: five (5) new residential permits issued. Schwab: requested a Temp CO for Phase I scheduled to open in Fall 2019, and they are mobilizing to begin construction on Phase II. Fire Station: schedule move in late February, finishing the landscaping, and completed the installation of the roof and gutters. Spencer Ranch: under review by the Planning Department. 5. EXECUTIVE SESSION Council convened to into executive session at 5:25 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory Town Council Minutes 01/28/19 Page 3 of 6 of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana 6. RECONVENE MEETING Council Member Rennhack reconvened the meeting at 6:33 p.m. 7. COUNCIL RECAP / STAFF DIRECTION No additional direction. 8. ADJOURNMENT Council Member Rennhack adjourned the work session at 6:33 p.m. Regular Session 1. CALL TO ORDER Council Member Rennhack called the regular session to order at 6:33 p.m. 2. ITEMS OF COMMUNITY INTEREST Manager Sasser provided an overview of the upcoming events. 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on December 10, 2018. b. Consider approval of the minutes from the meeting on January 7, 2019. c. Consider approval of Resolution 19-02, Reducing the number of board members on the Westlake Historical Preservation Society. Town Council Minutes 01/28/19 Page 4 of 6 d. Consider approval of Ordinance 875, Appointing Presiding Judge and the Alternate Presiding Judge for the Municipal Court of Record No. 1 for a two (2) year term. e. Consider approval of Resolution 19-03, Amending Resolution 18-49, regarding the developer agreement with Wilbow-Solana LLC for Subdivision Improvements at the Knolls by modifying the conservation area boundary fencing. f. Consider approval of Resolution 19-04, Amending the Fund Balance Policy by increasing the operating days from a minimum of 90 to 180 days and implementing a plan for prioritized utilization of Fund Balance reserves in excess of the minimum operating threshold. g. Consider approval of Resolution 19-05, Amending the authorized signers on the Town of Westlake Depository Accounts with First Financial Bank and TexPool. h. Consider approval of Resolution 19-06, Authorizing the Town Manager to enter into an agreement with Crosspoint Communications to provide and install the BDA and Alert Systems for the Westlake Fire-EMS Station No. 1 project and authorize town staff to make funding changes not to exceed $25,000 on this project i. Consider approval of Resolution 19-07, Approving change orders in the amount of $216,008 with Core Construction and the use of the Town’s contingency fund budget for the construction of the Westlake Fire-EMS Station No. 1 project and authorize the Town Manager to make funding changes via change order not to exceed $25,000 on this project. MOTION: Council Member Goble made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 876, AMENDING ORDINANCE 865 APPROVING A SITE PLAN AMENDMENT IN THE PD1 ZONING DISTRICT TO CONSTRUCT ADDITIONAL SURFACE PARKING LOTS FOR LOTS 3 AND 4, BLOCK 2, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE LOCATED AT THE SOUTHWEST CORNER OF SOLANA BLVD. AND STATE HIGHWAY 114. Assistant to the Town Manager Greenwood and Coordinator Ford provided a presentation and overview of the item. Discussion ensued regarding the location of the parking, size of trees, and landscaping. Council Member Rennhack opened the public hearing. No one addressed Council. Council Member Rennhack closed the public hearing. MOTION: Council Member Barrett made a motion to approve Ordinance 876. Council Member Goble seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 01/28/19 Page 5 of 6 6. EXECUTIVE SESSION Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS No additional discussion required. Town Council Minutes 01/28/19 Page 6 of 6 10. ADJOURNMENT There being no further business before the Council, Council Member Rennhack 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. Council Member Rennhack adjourned the meeting at 6:41 p.m. APPROVED BY THE TOWN COUNCIL ON FEBRUARY 25, 2019. ATTEST: _____________________________ Rick Rennhack, Council Member _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Consideration of a Resolution authorizing the Town Manager to execute an agreement with the State of Texas for the furnishing, installing, operation and maintenance of traffic signal preemption equipment on state highway rights-of-way. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 25, 2019 Completion Date: February 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Charles Schwab project includes the construction of a new Regional Arterial roadway, Schwab Way, which will connect to SH 114 and Trophy Lake Drive intersection. This new connection will require the developer to install new traffic signals and emergency services preemption equipment (Opticom). The opticom equipment will allow police and fire to control the intersection when responding to emergencies so they can safely pass through an intersection. The installation of preemption equipment on TxDOT signals requires the Town to execute the Page 2 of 2 proposed agreement for the furnishing, installing, operation and maintenance of traffic signal preemption equipment. While there is no budgetary impact associated with the installation of the signals and preemption equipment, the Town will be responsible for future replacement and maintenance costs. RECOMMENDATION Staff recommends approval of the proposed Resolution. ATTACHMENTS Resolution with Attachment “A” Resolution 19-08 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 19-08 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT ON STATE HIGHWAY RIGHTS-OF-WAY. WHEREAS, the construction of Schwab Way will require additional traffic signal installations; and WHEREAS, the Town of Westlake desires to have traffic signal preemption equipment installed to allow police and fire the ability to control signal operations while responding to emergency situations; and WHEREAS, the Town Council finds that the Texas Department of Transportation requires an agreement for Furnishing, Installation, Operation and Maintenance of preemption equipment on State Highway Rights -of –Way; 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, by approval of this resolution, hereby approves the attached Exhibit “A”, Agreement for the furnishing, installing and maintenance of traffic signal preemption equipment. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-08 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25TH DAY OF FEBRUARY 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Contract No _____________ Traffic-Traffic_TSPEA Page 1 of 5 Revised 10/31/08 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § AGREEMENT FOR THE FURNISHING, INSTALLING AND MAINTENANCE OF TRAFFIC SIGNAL PREEMPTION EQUIPMENT THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the “State”, and the Town of WESTLAKE, hereinafter called the “Town”, acting by and through its duly authorized officers. W I T N E S S E T H WHEREAS, the State owns and maintains a system of highways and roadways in the Town of WESTLAKE pursuant to Transportation Code, Section 201.103; and WHEREAS, the Town or its contractor has requested to install emergency vehicle preemption systems at the locations listed on Exhibit A; WHEREAS, the State and the Town are in agreement that the proposed systems will be installed; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A G R E E M E N T ARTICLE 1. CONTRACT PERIOD This agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal preemption equipment is in operation at the described locations. ARTICLE 2. TERMINATION This agreement may be terminated by one of the following conditions: 1)By mutual agreement of both parties; 2)By the State giving written notice to the Town or its contractor as consequence of failure by the Town or its contractor to satisfactorily perform the services and obligations set forth in this agreement, with proper allowances being made for circumstances beyond the control of the Town or its contractor; 3)By either party upon thirty (30) days written notice to the other. ARTICLE 3. COMPENSATION No compensation shall be paid for this agreement. ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The Town or its contractor will use labor and supervisory personnel employed directly by the Town or its contractor, and use Town owned or its contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the Town or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the Town or its contractor. All materials shall be new and undepreciated stock. EXHIBIT "A" Westlake Resolution 19-08 Contract No _____________ Traffic-Traffic_TSPEA Page 2 of 5 Revised 10/31/08 C. Any necessary changes to the existing signal required to install the preemption system will be at the Town's expense. D. If it becomes necessary to adjust, replace or reinstall the preemption system due to reconstruction of the intersection or upgrading of the signals, it shall be done by the Town at Town expense. ARTICLE 5. INSPECTION OF WORK A. The State shall make suitable and complete inspection of all materials, and equipment, and the work of installation to determine and permit certification that the components meet all applicable requirements and are in suitable condition for operation and maintenance by the Town or its contractor after its completion. All components of the system will be subject to random testing and inspections by the State. B. The Town or its contractor will provide opportunities, facilities, and representative samples, as may be required, to enable the State to carry on initial and random inspections of all materials and application methods; sufficient to afford determination and certification by the State that all parts of the installation and the component materials comply with the State standards and specifications. The State will promptly notify the Town or its contractor of any failure of materials, equipment, or installation methods, and the Town or its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay. ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. State shall not be held responsible for the operation (or non-operation) of the preempt equipment, or for any effect it may have on emergency vehicle response. ARTICLE 7. DE-ACTIVATION OF THE PREEMPT SYSTEM The State reserves the right to disconnect the preempt system from the traffic signals should any problem arise affecting the State including that the State has determined that the preemption is being abused. The State will notify the appropriate Town office of the de- activation of the preempt system. Upon correction of the problem the preempt system would be re-connected. ARTICLE 8. PREEMPTION INSTALLATION REQUIREMENTS The Town or its contractor shall furnish and install an aluminum lockable cabinet for the preemption system equipment. The preemption cabinet shall be attached to the State's traffic signal cabinet by means of a two (2) inch Myer’s hub supplied by the Town or its contractor. The Town or its contractor will furnish and install a Cannon type disconnect plug between the State’s traffic signal cabinet and the preemption cabinet. The State will furnish 120 volts AC power to the preemption cabinet for all auxiliary equipment. All transformation of power shall take place within the preemption cabinet. The State will allow the preemption equipment to monitor all outgoing green traffic signal indications. The preemption equipment will supply a maximum of four preemption inputs. ARTICLE 9. REPORTS Upon written request, the Town will be required to supply the State with a list of preemptions. The list shall show date, time, intersection, direction, and duration of each preemption and vehicle identification information of the emergency vehicle requesting each preemption. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Westlake Resolution 19-08 Contract No _____________ Traffic-Traffic_TSPEA Page 3 of 5 Revised 10/31/08 ARTICLE 10. REMEDIES Violation or breach of contract terms by the Town or its contractor shall be grounds for termination of the agreement, and any increased cost arising from the Town or its contractor’s default, breach of contract, or violation of terms shall be paid for by the Town or its contractor. This agreement shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. If at any time, the Town or its contractor fails to assume the maintenance and operations responsibilities for the preemption systems in a satisfactory manner as determined by the State, the State reserves the right to arrange for maintenance and operations at the expense of the Town or its contractor. The State shall contact the appropriate Town authority prior to the arrangement for alternative maintenance. ARTICLE 11. INSURANCE The Town shall provide necessary safeguards to protect the public on State-maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the preemption equipment, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State’s right-of-way, the Town's construction contractor shall submit to the State a fully executed copy of the State’s form 1560 Certificate of Insurance and shall maintain the required coverage during the construction of all work associated with this agreement. ARTICLE 12. SUBLETTING The Town or its contractor shall not sublet or transfer any portion of its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event the Town or its contractor enters into subcontracts, the subcontractors must adhere to the provisions of this agreement. ARTICLE 13. SUCCESSORS AND ASSIGNS The Town or its contractor shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the State. AR TICLE 14. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 15. INSPECTION OF TOWN'S BOOKS AND RECORDS A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. B. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those Westlake Resolution 19-08 Contract No _____________ Traffic-Traffic_TSPEA Page 4 of 5 Revised 10/31/08 funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 16. NOTICES All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Town: Town of Westlake Attn: Town Manager 1500 Solana Blvd Bldg 7, Suite 7200 Westlake, TX 76262 State: Texas Department of Transportation Attn: Director of Transportation Operations PO Box 133067 Mesquite, TX 75313-3067 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 17. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties’ obligations under this agreement must be filed in Travis County, Texas. ARTICLE 18. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. IN WITNESS WHEREOF, the State and the Town have signed duplicate counterparts of this agreement. THE Town OF WESTLAKE Executed on behalf of the Town by: By_________________________________ Date__________________________ Printed Name________________________ Title_______________________________ THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By_________________________________ Date__________________________ Mohamed K. Bur, P.E. Dallas District Engineer Westlake Resolution 19-08 Contract No _____________ Traffic-Traffic_TSPEA Page 5 of 5 Revised 10/31/08 EXHIBIT A SH 114 at Schwab Way/Trophy Lake Drive Westlake Resolution 19-08 Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Consideration of a Resolution authorizing the Town Manager to execute a contract with N.G. Painting for repairs and repainting of the 685,000- gallon ground storage tank and amending the adopted budget to provide funding. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 25, 2019 Completion Date: May 11, 2019 Funding Amount: $276,200 Status - Funded Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The 685,000-ground storage tank is constructed of steel, approaching 18 years of service life, and needs maintenance and repainting consistent with industry standards. Testing of the tank has been performed and repairs to the inside need to be made along with the painting of the inside and outside. Page 2 of 2 As you may recall, the addition of the 1MG ground storage tank in 2014 is allowing the 685,000- gallon tank to be taken out of service for the duration of repair and repainting without jeopardizing water service delivery to Westlake residents and customers. Staff advertised the project and received four bids, with N.G. Painting providing the lowest bid of $276,200. The proposed contract will require a budget amendment to the Ground Storage Tank Repainting project in the Utility Maintenance and Replacement Fund for an additional $186,200. If approved, the Utility Maintenance and Replacement fund balance of $785,851 would be reduced by $186,200. The project budget of $90,000 was based on an estimate provided by a ground storage tank- painting contractor who was only able to visually inspect the exterior. The interior needs were determined from staff’s then most recent video inspection. This increase is due to the amount of damaged/defective paint and metal discovered that must be repaired, as identified by the Town’s consulting engineer, Teague-Nall and Perkins. The existing paint will be completely removed from the interior in order for the necessary repairs to be made to the metal structure. RECOMMENDATION Staff recommends approval of the proposed Resolution. ATTACHMENTS Engineer’s bid evaluation and recommendation with bid tab Forms 1295 and 2270 Resolution with Attachment “A” Resolution 19-09 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, WITH N.G. PAINTING FOR REPAIRS AND REPAINTING OF THE 685,000-GALLON GROUND STORAGE TANK AND AMENDING THE ADOPTED BUDGET TO PROVIDE FUNDING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the state requires water purveyors to provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, the existing 685,000 gallon ground storage tank was constructed in 2000 and is in need of repair and repainting; and WHEREAS, the Town Council find that the repair and repainting is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds that the repairs and repainting of the ground storage tank is necessary and that the Utility Maintenance and Replacement Fund should be amended to allocate appropriate funding; and. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with N.G. Painting for the repair and repainting of the 685,000 gallon ground storage tank, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. Resolution 19-09 Page 2 of 2 SECTION 3: The Town Council of the Town of Westlake hereby approves a budget amendment to the Ground Storage Tank Repainting project in the Utility Maintenance and Replacement Fund for an additional $186,200. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY, 2019. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 02/15/2019 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. N.G. Painting, LP Kerrville, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Town of Westlake West Pump Station 685,000 Gallon Ground Tank Repaint 18253 2019-453199 02/15/2019 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.28ab6150www.ethics.state.tx.usForms provided by Texas Ethics Commission EXHIBIT "A"Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Res 19-09 Page 1 of 4 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 25, 2019 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 Transparent / Integrity-driven Government Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Attract, Recruit, Retain & Develop the Highest Quality Workforce Strategic Initiative Codify and Maintain Organizational Policies and Procedures Time Line - Start Date: N/A Completion Date: N/A Funding Amount: N/A Status - Not 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. Recommended Policy Amendments The following pages include the proposed changes to the current Town of Westlake Personnel Manual. Additions are to these policies are shown in blue. These recommended changes are to the Town’s sick leave policy, and compliance with the Smoke-free ordinance. SUMMARY AND RECOMMENDATION Staff recommends approval. Page 2 of 4 ATTACHMENTS Proposed personnel policy amendments Exhibit “A”: Town of Westlake Personnel Manual Resolution Page 3 of 4 Proposed Personnel Manual Amendments SICK LEAVE The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular part-time employees for periods of temporary absence due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child. If unable to report to work due to illness, injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, probationary, seasonal, and casual employees must contact their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical to report the reason for their absence. However, probationary, seasonal, and temporary employees will not receive paid sick leave benefits. All time missed from work due to Sick Leave should be documented on an Employee Absence Form (see Forms Appendix). The form should be approved by the Department Head and forwarded to the Payroll Department for processing. Fire/EMS employees may document sick time usage on the employee timesheet. No employee is eligible to receive paid sick leave benefits until after six months of employment, unless approved by the Town Manager. An eligible employee may use sick leave for an injury, illness, serious health condition sustained by the employee or by a family member who resides in the employee’s household, or for a health fitness impairment to include the birth of the employee’s child. Employees may use sick time for the direct care of family members who do not reside in the employee’s household in certain circumstances. At their discretion, supervisors may require written substantiation of the reason(s) when sick leave is requested under this provision. Additional documentation is not required when the requested leave is approved under the provisions of the Family Medical Leave Act (FMLA). All regular full-time and regular part-time employees who are unable to report to work due to illness, non- job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, and who desire to receive paid sick leave benefits must notify their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical. A physician’s statement is normally not required unless an employee is absent for more than three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not requested by the supervisor. When sick leave abuse is suspected, supervisors may require a physician’s statement for any sick leave absence. The physician’s statement should indicate the following: • Date the medical condition began and the probable duration; • Estimate of time the employee will be unable to perform work of any kind, or whether it is necessary to take intermittent leave or work a reduced schedule (part-time) and the duration of such schedules; • If the employee is needed to care for the family member residing in the employee’s household and the duration of the leave. Sick leave benefits are calculated on the employee’s base pay rate at the time of absence and will not include any special types of compensation. Any employee who requests sick leave pay while performing outside work for compensation shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. Page 4 of 4 Sick leave benefits shall not apply in incidents caused by willful misconduct, purposely self-inflicted, while on leave without pay, absence without leave, or result of other employment. Sick leave benefits for eligible employees shall accrue as follows: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue sick leave at the following rates: After 6 months of service 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Maximum accrual totals shall be as follows: Fire/EMS Personnel on 24-hour shifts 60 shifts All other employees 60 days During the initial probationary/introductory period, exempt employees may be subject to a pay reduction for time not worked because sick leave accruals are not available. Reductions to pay will only be made for full workday absences, not for absences for a portion of the employee’s regular workday. This reduction will not affect the employee’s FLSA exempt status. 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. 5.13 Tobacco-Free Workplace The Town prohibits smoking or using any tobacco or other plant products in all municipal buildings or facilities, or Town vehicles. Smoking or using of tobacco products is also prohibited on the grounds of Westlake Academy. All Town of Westlake employees are required to comply with any local ordinance(s) pertaining to smoking or tobacco use. Resolution 19-10 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 19-10 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town’s leaders; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Westlake Town Council hereby approves the personnel policy amendments and their inclusion into the Town of Westlake Personnel Manual, attached to this resolution as Exhibit “A”. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-10 Page 2 of 2 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY, 2019. ___________________________________ ATTEST: Laura Wheat, Mayor ________________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Personnel Manual Adopted 2/25/2019 Resolution 19-10 Page i Town of Westlake Personnel Manual – Revised August 28,2017 Table of Contents Section 1- Administration and General Information ................................................................................ 1 1.01 Nature of Employment ....................................................................................................................... 1 1.02 Employee Responsibility ................................................................................................................... 1 1.03 Objectives and Policy Statements ..................................................................................................... 1 1.03.01 Policy ........................................................................................................................................ 1 1.03.02 Guidelines ................................................................................................................................ 2 1.03.03 Responsibility .......................................................................................................................... 2 1.03.04 Objectives ............................................................................................................................... 2 1.03.05 Policy Changes ....................................................................................................................... 3 Section 2- Federal and State Employment Laws and Regulations ........................................................ 3 2.01 Americans with Disabilities Act of 1990 (ADA) ................................................................................ 3 2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA) ............................................................ 3 2.03 Identity Theft Policy (FACTA) ........................................................................................................... 3 2.04 Equal Employment Opportunity ....................................................................................................... 4 2.05 Fair Labor Standards Act (FLSA) .................................................................................................... 5 2.06 Family Medical Leave Act (FMLA) ..................................................................................................... 5 2.07 Immigration Law Compliance ........................................................................................................... 6 2.08 Internal Revenue Code, Section 125 (Cafeteria Plan) ...................................................................... 6 2.10 Whistleblower Act .............................................................................................................................. 8 Section 3: Application and Initial Employment ........................................................................................ 8 3.01 Vacancies and Job Announcements ............................................................................................... 8 3.02 Employment Applications ................................................................................................................ 8 3.03 Hiring Procedures .............................................................................................................................. 9 3.04 Probationary/introductory Periods ................................................................................................... 9 Section 4: Conditions of Employment .................................................................................................... 10 4.01 Required employment Forms ........................................................................................................ 10 4.02 Fitness for Duty Evaluations .......................................................................................................... 10 4.02.01 Employment-related physicals ................................................................................................ 10 4.02.02 Psychological Evaluations ...................................................................................................... 11 4.03 Hiring of Relatives (Nepotism) ....................................................................................................... 11 4.04 Outside Employment ...................................................................................................................... 12 4.05 Promotions ..................................................................................................................................... 13 Section 5: Employee Standards of Conduct .......................................................................................... 13 5.01 Confidentiality of Information ........................................................................................................ 13 5.02 Conflict of Interest .......................................................................................................................... 13 5.03 Dress Code ..................................................................................................................................... 14 Resolution 19-10 Page ii Town of Westlake Personnel Manual – Revised August 28,2017 5.04 Electronic Communications and Equipment ................................................................................... 14 5.04.01 Prohibited Activities ............................................................................................................... 15 5.04.02 Personal Use......................................................................................................................... 15 5.04.03 Personal Computers and the Internal Network ..................................................................... 15 5.04.04 Internet .................................................................................................................................. 16 5.04.05 Email ....................................................................................................................................... 16 5.04.06 Web Browsing ......................................................................................................................... 16 5.04.07 Instant (or Text) Messaging .................................................................................................... 16 5.04.08 Telephone Voice Mail ............................................................................................................. 17 5.04.09 Employee Mobile Phone Policy ............................................................................................ 17 Town-issued Mobile phones ................................................................................................. 17 Employee Mobile Phone Allowance ..................................................................................... 17 Mobile Phone Reimbursement .............................................................................................. 18 5.05 Employee Conduct ........................................................................................................................ 19 5.06 Attendance and Punctuality ........................................................................................................... 20 5.07 Work Schedules ............................................................................................................................. 20 5.08 Facial Jewelry ................................................................................................................................ 20 5.09 Fraud Policy ................................................................................................................................... 20 5.10 Acceptance of Gifts.......................................................................................................................... 24 5.11 Inclement Weather......................................................................................................................... 24 5.12 Political Activity .............................................................................................................................. 25 5.13 Tobacco-Free Workplace .............................................................................................................. 26 5.14 Travel Policy ................................................................................................................................... 26 Event/Travel Procedures ............................................................................................................... 27 5.15 Town-Issued Credit Cards ............................................................................................................. 31 5.16 Drug Free Work Place ................................................................................................................... 31 5.17 Drug and Alcohol Policy .................................................................................................................. 32 5.17.01 Definitions ............................................................................................................................... 32 5.17.02 Constitutional Rights of Employees ........................................................................................ 35 5.17.03 Supervisory Training ............................................................................................................... 35 5.17.04 Notification of Supervisor of Authorized Drug Use ................................................................. 35 5.17.05 Additional Employee Responsibilities ..................................................................................... 35 5.17.06 Call for Special Duty ............................................................................................................... 36 5.17.07 Required Drug and/or Alcohol Testing .................................................................................... 36 5.17.08 Testing Methods ..................................................................................................................... 37 5.17.09 Procedures for Administering Tests ........................................................................................ 37 5.17.10 Drug Testing Procedures ........................................................................................................ 38 5.17.11 Alcohol Testing Procedures .................................................................................................... 38 5.17.12 Medical Examination ............................................................................................................... 38 Resolution 19-10 Page iii Town of Westlake Personnel Manual – Revised August 28,2017 5.17.13 Post-Test Procedure ............................................................................................................... 38 5.17.14 Exam Results Confidentiality .................................................................................................. 39 5.17.15 Drug Testing Results .............................................................................................................. 39 5.17.16 Alcohol Testing Results .......................................................................................................... 40 5.17.17 Employee Cooperation ........................................................................................................... 41 5.17.18 Operation of Vehicles and Equipment .................................................................................... 41 5.17.19 Searches and Inspections in the Workplace ........................................................................... 42 5.17.20 Employee Convictions ............................................................................................................ 42 5.17.21 Social Functions ...................................................................................................................... 43 5.17.22 Off-Duty Conduct .................................................................................................................... 43 5.17.23 Reservation of Rights .............................................................................................................. 43 5.18 Part-Time Firefighter Program ....................................................................................................... 43 Section 6: Wage and Salary Administration ........................................................................................... 45 6.01 Paydays ......................................................................................................................................... 45 6.02 Direct Deposit ................................................................................................................................ 45 6.03 Timekeeping .................................................................................................................................. 46 6.04 Pay Corrections .............................................................................................................................. 46 6.05 Employment Classifications ........................................................................................................... 46 6.06 Compensatory Time ...................................................................................................................... 47 6.07 Overtime ......................................................................................................................................... 48 6.08 Pay Increases and title changes .................................................................................................... 48 6.09 Pay Increases ................................................................................................................................. 48 6.10 Skill / Standards rating plans ........................................................................................................... 48 6.11 Market Adjustments ........................................................................................................................ 49 6.12 Payroll Deductions ......................................................................................................................... 49 6.13 Personnel Data Changes .............................................................................................................. 49 Section 7: Employee Benefits .................................................................................................................. 49 7.01 Holidays ......................................................................................................................................... 49 7.02 Insurance Benefits (Dental, Medical, Life) ..................................................................................... 50 7.03 Other Insurance Coverage .............................................................................................................. 51 7.03.01 Workers’ Compensation .......................................................................................................... 51 7.03.02 Public Officials Liability ........................................................................................................... 51 7.03.03 Automobile Liability ................................................................................................................. 51 7.04 Retirement ..................................................................................................................................... 51 7.04.01 Texas Municipal Retirement System (TMRS) ......................................................................... 51 7.04.02 Social Security ........................................................................................................................ 52 7.05 Payroll Deductions ......................................................................................................................... 52 7.06 TMRS Supplemental Death Benefit ................................................................................................. 53 7.07 Deferred Compensation (457 PLAN)............................................................................................. 53 Resolution 19-10 Page iv Town of Westlake Personnel Manual – Revised August 28,2017 7.08 Internal Revenue Code, Section 125 (Cafeteria Plan) .................................................................. 53 7.09 Car Allowance and Mileage Reimbursement ................................................................................ 53 7.10 Taxable Fringe Benefits ................................................................................................................. 54 7.11 Use Westlake Public Facilities ........................................................................................................ 54 7.12 Enrollment in Westlake Academy .................................................................................................. 54 Section 8: Leave and Absences .............................................................................................................. 54 8.01 Vacation ........................................................................................................................................... 54 8.02 Sick Leave ....................................................................................................................................... 56 8.03 Community Sick Leave Bank ........................................................................................................... 58 8.04 Bereavement Leave ...................................................................................................................... 58 8.05 Military Leave ................................................................................................................................. 58 8.06 Personal Leave ................................................................................................................................ 59 8.07 Witness/Jury Duty .......................................................................................................................... 59 8.08 Paid leave for non-exempt employees ........................................................................................... 60 Section 9: Corrective Action, Appeals, and Grievances ....................................................................... 60 9.01 Disciplinary Actions........................................................................................................................ 60 9.02 Acts Constituting Disciplinary Action ............................................................................................. 62 9.03 Employee Complaint and Grievance Policy .................................................................................. 62 Section 10: Performance Evaluations ..................................................................................................... 65 10.01 Performance Evaluations ............................................................................................................ 65 10.02 Purpose ....................................................................................................................................... 65 10.03 Pending Investigations .................................................................................................................. 65 10.04 Skill/Standards rating plans ........................................................................................................... 65 10.05 Performance Evaluation Appeal Guidelines .................................................................................. 66 Section 11: Termination of Employment ................................................................................................ 66 11.01 Employment Termination ............................................................................................................... 66 11.02 Health Care Coverage Continuation............................................................................................ 67 11.03 Exit Interviews .............................................................................................................................. 68 11.04 Reduction in Work Force ............................................................................................................. 69 11.05 Reinstatement .............................................................................................................................. 69 GLOSSARY OF TERMS ......................................................................................................................... 70 Resolution 19-10 Page 1 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Section 1- Administration and General Information 1.01 Nature of Employment This handbook provides employees with a general understanding of our personnel policies. Employees are required to read and understand the contents of this handbook. This handbook and policies contained herein, is not a binding employment contract; nor is it intended to create contractual obligations of any kind. All employment with the Town of Westlake is “at will,” meaning that an individual’s employment may be terminated at any time, with or without notice, for any reason or no reason, by either the Town or the employee. Neither the employee nor the Town of Westlake is bound to continue the employment relationship. The Town reserves the right to change, revise or eliminate any of the policies, procedures, or benefits described in this handbook. This handbook replaces and supersedes all earlier Town personnel practices, policies, and guidelines. Any increase or decrease in employee benefits will normally occur during the annual budget review process and be adopted by the Town Council. 1.02 Employee Responsibility It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. 1.03 Objectives and Policy Statements 1.03.01 Policy It is the policy of the Town that the general and final authority for Personnel Administration rests with the Town Manager, except for matters reserved to the Town Council by State law. The issuance of these policies and procedures does not constitute a contract between the Town and its employees for any duration of employment. The Town Manager reserves the right to change, revise or eliminate any of the policies, procedures or benefits outlined in this manual. Management authority includes, but is not limited to the following: • Discipline or discharge; • Hiring, promotion, assignment, or transfer of employees; • Determination of the mission, goals, and objectives of Town departments; • Determination of the method, means, and allocation/assignment of personnel needed to carry out the Town’s mission; • Introduction of new or improved methods or facilities and changes of such; Resolution 19-10 Page 2 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 • Determination of reasonable schedules of work and establishment of methods and processes by which such work is performed; • Requiring the performance of duties as stated and intended in the job description, with the understanding that every duty connected with the Town’s operation and enumerated in a job description is not always specifically described; and • Determination of position availability by: Hiring and promoting or by authorizing lateral reassignments. 1.03.02 Guidelines • Individual Town departments may develop policies and procedures that are consistent with Town policies and procedures. • Policies and procedures apply to all employees of the Town, both on and off duty where applicable, and unless otherwise indicated, restricted by proper authority, or prohibited by State and/or Federal law. • Only the Town Manager or his designee through expressed delegation has the authority to enter into any employment agreements, promises, or commitments contrary to these policies and procedures, and all such agreements, promises, and/or commitments entered into by the Town Manager or his designee shall not be enforceable unless in writing and approved by the Town Council. • Any statement in a policy and procedure found to be illegal, incorrect, and/or inapplicable shall not affect the validity or intent of the remaining content of said policy and procedure. • Titles utilized shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. 1.03.03 Responsibility • It is the responsibility of the Human Resources Department and each Department Head to ensure that each affected employee receives a copy of the policies and procedures upon implementation of said document at his/her initial employment orientation. • It is the responsibility of each Department Head and/or immediate supervisor to ensure the policies and procedures are fairly administered and equitably enforced. • It is the responsibility of each affected employee to read, retain, understand, and update his/her policies and procedures when provided applicable revisions and additions. 1.03.04 Objectives • To promote and increase productivity, efficiency, responsiveness to the public, and economy in Town service; • To provide fair and equal opportunity for qualified persons to enter and progress in Town service in a manner based upon merit and fitness as ascertained through fair and practical personnel management methods; • To maintain a program of recruitment, advancement, and longevity that will make Town service an attractive career, and to encourage employees to give their best effort to the job and to the public; • To establish and maintain a uniform plan of evaluation and compensation based upon the duties and responsibilities of positions in the Town; • To establish and promote high morale among Town employees by fostering good working relationships, providing uniform personnel policies, providing opportunities for advancement, and consideration of employee needs and desires. Resolution 19-10 Page 3 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 1.03.05 Policy Changes The Town of Westlake reserves the right to change, modify, amend, revoke or rescind all or part of this policy in the future. 1.03.06 Individual Department Policies It shall be the prerogative of each Department Head to develop and implement department policies, procedures, rules, regulations, and/or practices that are separate from or in addition to the policies, procedures, and regulations listed in the personnel policies. However, department policies and procedures, rules and regulations shall not be less restrictive, or inconsistent with the personnel policies of the Town. A copy of all department policies should be on file in the Human Resources Department. All Departmental policies must be reviewed by the Town Attorney and Town Manager in advance prior to adoption. Section 2- Federal/State Employment Laws & Regulations 2.01 Americans with Disabilities Act of 1990 (ADA) As mandated by the Americans with Disabilities Act (“ADA” or “The Act”), the Town does not discriminate against individuals with disabilities in the areas of employment, public services, and public accommodations. The Town does not discriminate against individuals with “qualifying disabilities” (as defined in the Act) who are otherwise qualified to perform the essential functions of a job, with or without reasonable accommodations. “Essential functions,” as defined in the Act, are the basic job duties an employee must be able to perform, with or without reasonable accommodations. “Reasonable accommodations” will be defined as any accommodation for an individual with a disability that can be made without causing the Town “undue hardship” as defined in the Act. 2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA) On April 7, 1985 the COBRA law was enacted requiring your employer to offer employees and their families the opportunity for temporary extension of medical benefits coverage (called “continuation coverage”) at group rates in certain instances where coverage under the plan would otherwise end; i.e. employee’s resignation, termination, or reduction in hours of employment, death of spouse, termination of spouse’s employment, or reduction in spouse’s hours of employment; divorce or legal separation, or if a spouse becomes eligible for Medicare. If you would like more information on COBRA, please contact Human Resources. 2.03 Identity Theft Policy (FACTA) The Town of Westlake is committed to keeping the information received from citizens and customers safe from identity theft. This policy is designed to protect people from identity theft and to address the requirements of state and federal law. The methods used to prevent identity theft include ensuring that the information given to open an account with the Town is Resolution 19-10 Page 4 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 valid to prevent someone from using another person’s identity to open an account, monitoring already existing accounts for unusual or suspicious activity and, finally, providing for notification of account holders in the unlikely event of unauthorized release of sensitive information. The purpose of this policy is to set out procedures and practices to assist Town personnel in the prevention of identity theft and to comply with federal and state law requirements. Eliminating identity theft involves prevention, monitoring and notification. The Town will take measures to prevent fraudulent accounts from being opened, will monitor existing accounts for suspicious activity, and will notify individuals if an unauthorized release of information occurs. According to the Fair and Accurate Credit Transactions Act (“FACTA”) a municipal utility is a creditor subject to the requirements of the law. FACTA provides for certain “Red Flags” in its “Red Flag Rule” to assist in identifying and preventing identity theft. The Town of Westlake Identity Theft Prevention Policy contains procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. The Texas Local Government Code, section 205.010, provides that certain requirements of the Business and Commerce Code apply to cities. Those requirements generally concern notification in the event of an unauthorized breach of sensitive personal information, and those standards are contained in the Town of Westlake Identity Theft Prevention Policy. In compliance with federal law, employees performing certain job duties will be required to complete a training course for the purpose of Red Flag identification and identity theft prevention. Employees will be provided this training at the Town’s expense and will be coordinated by the Human Resources Department. In addition, all Town employees will receive a complete copy of Town of Westlake Identity Theft Prevention Policy. 2.04 Equal Employment Opportunity The Town of Westlake is committed to an effective equal employment opportunity program in which all applicants will be afforded equal opportunities to be employed and all employees will receive fair and equitable consideration in all aspects of personnel administration. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or in any other aspect of personnel administration is prohibited because of race, color, sex, national origin, religious opinions or affiliations, age, and/or disability. Age, sex, or physical requirements must have been demonstrated to be bona fide occupational qualifications prior to use as selection criteria. Any employee who feels discriminated against may file a complaint in accordance with procedures in the employee handbook. Resolution 19-10 Page 5 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 2.05 Fair Labor Standards Act (FLSA) The Fair Labor Standards Act (FLSA) established minimum wage, overtime, recordkeeping, and child labor standards and applies to all full-time and part-time employees. As amended in 1985, FLSA provides the option for compensatory time in lieu of overtime compensation for non-exempt employees. Executive, administrative, and professional employees are exempt from the FLSA overtime requirements. The Town will comply with the FLSA, which establishes the minimum wage for non-exempt employees. 2.06 Family Medical Leave Act (FMLA) The Town of Westlake is required to comply with the Federal Family Medical Leave Act (FMLA) of 1993. This section is considered a supplemental to the employee’s rights under FMLA. The Town reserves the right to designate FMLA leave as needed to any eligible employee and to require employees to use first all available paid time off as qualifying FMLA time toward the 12-week limit. The FMLA entitles eligible employees to take up to 12 weeks of paid or unpaid, job-protected leave in a 12-month period based on the employee’s anniversary hire date for: • The birth or placement of a child for adoption or foster care. • To care for an immediate family member (spouse, child, or parent) with a serious health condition. • To take medical leave when the employee is unable to work because of his/her own serious health condition. Eligible Employees To be eligible for FMLA, an employee must have worked for the Town for at least one year and have completed 1,250 hours over the 12 months prior to the commencement of the leave. The 12-month period during which an eligible employee may take up to 12 weeks of unpaid leave will be calculated using the eligible employee’s service anniversary date. Procedure An eligible employee who wishes to take FMLA must provide his/her supervisor with 30 days’ notice when the leave is foreseeable. At the time of the request, the employee may complete a “Family Medical Leave Information/Request Form”. Once FMLA is requested or designated by the Town, the employee will receive an information packet containing the full policy, forms, rights, and duties of the FMLA for both the employee and the Town. In most cases, the eligible employee must submit medical certification to support a request for leave. Health and dental benefits will continue during the FMLA provided the employee makes his/her regular, monthly contributions to the plan. Failure to pay premiums may result in lapse of coverage. Contact the Human Resources Department for specific details on continuing benefits while on leave. Resolution 19-10 Page 6 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Employees returning from FMLA within the 12-week period will be restored to their original job, or to an equivalent job with equivalent pay and benefits. Employees returning from a medical FMLA may be required to present medical certification of fitness for duty. Failure to provide a medical certificate of fitness for duty may result in a denial of job reinstatement until medical certificate release is provided. FMLA may be taken in increments as small as one hour, and may not earn additional paid time off while on FMLA. Contact the Human Resources Department for the complete policy on the Family and Medical Leave Act and for a full explanation of your rights. FMLA will always begin with paid time off until all available paid time is used. After exhausting paid FMLA leave, non-paid FMLA leave will continue until the conclusion of the protected 12-week time limit. Following the conclusion of protected leave, the employer will decide whether non-FMLA leave should apply. The medical Certification of Health Care Provider serves as a "doctor’s note" to certify the reason and expected duration of the extended medical leave in writing. All requests for medical leaves must be accompanied by a doctor’s statement verifying your total disability and your estimated date of return to work. Further, the Town requires written medical verification of your ability to resume work and a list of restrictions that would directly relate to your ability to perform your job. Non-FMLA Qualifying Leave In certain cases, a leave of absence will not qualify as protected under FMLA. In these cases, an employee may be granted non-paid leave without benefits under the Leave of Absence Policy. 2.07 Immigration Law Compliance The Town of Westlake is committed to employing only United States citizens and aliens who are authorized to work in the United States and who comply with the Immigration Reform and Control Act of 1986. Each employee must properly complete, sign, and date the first section of Department of Homeland Security Form I-9 and provide the appropriate documentation required on section two of the form. The documentation provided will be used to verify employment eligibility through the federal government’s E-Verify system. Rehired employees must also complete the I-9 form if the previous form on file is more than three (3) years old, or if the employee is rehired after 90 days from their initial termination date. 2.08 Internal Revenue Code, Section 125 (Cafeteria Plan) This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been approved and adopted by the Town Council as an employee benefit. This plan allows employees to pay three (3) separate classes of expenses with pretax dollars: insurance premiums, unreimbursed medical/dental expenses, and authorized child-care expenses. (For more information refer to IRC, Section 125 in the benefits section of this handbook.) Resolution 19-10 Page 7 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 2.09 Sexual and Other Forms of Illegal Harassment It is the policy of the Town of Westlake to prohibit sexual harassment in the workplace by any person in any form. Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, either verbal, written, visual or physical. It refers to behavior that is not welcome, that is personally offensive, that lowers morale, and that, therefore, interferes with our work effectiveness. Sexual harassment is also a violation of Title VII of the Civil Rights Act of 1964, and thus it is illegal for any employee to sexually harass another. Examples of sexual harassment include, but are not limited to the following: Verbal • unwelcome comments about appearance • sexual jokes • sexually explicit, derogatory, or otherwise offensive language • humor and jokes about sex or gender-specific traits • unwelcome and repeated flirtations, propositions, or advances Non-Verbal • suggestive or insulting sounds • leering • whistling • obscene gestures • display in the workplace of sexually-suggestive objects or pictures that use gender-based stereotypes in a derogatory manner. Physical • touching • pinching • "brushing" the body • coerced sexual intercourse • other sexual contact Written • suggestive notes If you believe that you have been the subject of sexual harassment of any kind, you may file a complaint with the Town Manager or his designee. The Town Manager or designee shall conduct a thorough investigation in a timely manner. If a thorough investigation of an alleged incident of sexual harassment reveals that an employee has engaged in actions or conduct constituting sexual harassment, disciplinary action will be taken, up to and including termination. Given the nature of this type of discrimination, false accusations of sexual harassment can have serious effects on innocent women and men. All employees should act responsibly in Resolution 19-10 Page 8 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 making such accusations. False accusations that are determined to be intentional in nature will be investigated as sexual harassment, and it subject to the same disciplinary actions. Employees will be required to attend a sexual harassment training session during their introductory period of employment. 2.10 Whistleblower Act The act states that “a state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of the law by the employing governmental entity or another public employee to an appropriate law enforcement authority.” Texas Government Code Ann. §554.002 (Vernon 1995). Appeal Procedures: Section §554.006 of the Texas Government Code states “A public employee must initiate action under the grievance or appeal procedures of the employing state or local governmental entity relating to suspension or termination of employment or adverse personnel action before suing under this chapter.” Section 3: Application and Initial Employment 3.01 Vacancies and Job Announcements The filling of any vacancy must be approved in advance by the Town Manager. At the discretion of the Town Manager or department head, vacancies may be advertised internally for the first one (1) week. If no internal candidates are selected, the position may then be advertised in local newspapers, the Town’s website, or external recruiting websites for a minimum period of two (2) weeks. Notices will specify job title, starting salary range, nature of the job, minimum standards, and the deadline for application. Internal and external candidates may, but are not required be combined into a single pool for the interview and selection process by the interview panel. When vacancies occur, employees who meet the minimum qualifications required will be given priority for promotion or transfer. 3.02 Employment Applications Persons interested in posted positions shall complete employment applications for consideration of employment, promotion, transfer, or other such personnel actions as prescribed by the Town of Westlake. The application form must be completed in its entirety to the best of the applicant’s ability, signed and dated. Supplemental pages may be required to be attached to the application form to provide added information such as work history or photocopies of degrees, certifications, licenses, etc. Resolution 19-10 Page 9 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 The Department Head(s) and the Director of Human Resources shall evaluate the applications against job requirements to identify the most qualified candidates. Any misrepresentations, falsifications, or material omissions in any of the information or data may result in the exclusion of the candidate from consideration for employment, or termination if the person has been hired. 3.03 Hiring Procedures In an effort to hire the most capable and qualified candidates, the Town of Westlake adheres to the following procedures: Job announcements will be 1) posted as required, 2) distributed to all Town departments, 3) advertised in local newspaper(s), and 4) posted on the Town’s website. Any candidate for employment must fill out and sign an employment application form to be considered for hiring. Upon completion of the application, the candidate becomes an applicant for purposes of recordkeeping. Upon review of submitted applications, the Director of Human Resources and Department Head(s) will select candidates for an interview. Candidate(s) may be subject to secondary interviews, drug screening, background checks, and verification of employment eligibility through the federal E-Verify system. After a candidate has been selected, the Director of Human Resources and Department Head(s) must submit a Personnel Requisition Form to the Town Manager. No offer of employment may be extended without Town Manager approval of the Personnel Requisition Form. 3.04 Probationary/introductory Periods All full-time and part-time employees work on an introductory basis for the first six (6) months after their date of hire unless otherwise specified. The Town of Westlake uses this period to evaluate the employee for the position. The employee or the Town may terminate the employment relationship at will at any time, with or without cause or advance notice. Non-certified police and fire officers work on probationary status for one year from date of hire. Officers who are State of Texas certified (TCLOESE and/or TCFP) will normally work on probationary status for twelve (12) months. Employees who are demoted within the organization must complete a probationary period of six months. Department Heads, with the approval of the Town Manager, may extend the probationary/introductory period up to six (6) months if they need additional time to thoroughly evaluate the employee. A performance review with a “passing” score at the conclusion of the required probationary/introductory period shall move the employee to “regular” status. Resolution 19-10 Page 10 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Section 4: Conditions of Employment 4.01 Required employment Forms Employees are required to submit the following forms to the Human Resources Department before commencing work: Forms W-4, I-9, Direct Deposit Authorization, TMRS enrollment. Insurance elections and Section 125 deductions must be made within the first 30 days after commencing work. 4.02 Fitness for Duty Evaluations 4.02.01 Employment-related physicals Certain positions exist where a certain level of fitness and physical well-being are required to perform requisite tasks proficiently and safely. This need has been recognized in the Department of Public Safety where pre-employment physicals have been mandatory for full-time positions. Medical screening of prospective employees serves several purposes: 1. Ascertains that employees meet the minimum physical requirements of jobs for which they are hired. 2. Protects existing medical conditions that need corrections or control. 3. Identifies pre-existing medical conditions that need correction or control. 4. Procurement of a healthy, more productive work force. A successfully completed pre-employment physical will be the final step in the hiring process for designated positions. After interview screening has been completed, the applicant selected will be notified of his/her tentative selection and informed that upon successful completion of a physical examination at the Town’s expense he/she will be hired. The applicant will then obtain authorization and instructions pertaining to the physical from the Human Resources Office. Should the results of the screening and/or examination indicate that a health issue is to be considered, every reasonable accommodation will be made to work with the new employee given the circumstances. Pre-employment physical examination documentation will be maintained in the Human Resources Office as a permanent part of the employee's personnel records. Examination forms for disqualified applicants will be filed with their employment applications. For some positions, annual physicals made be required for employees in compliance with federal, state, or local requirements. These physicals will be at no cost to the employee. Results of physical fitness evaluations are to be kept confidential and used only by personnel authorized by the Town Manager. They are only advisory and shall not be the sole basis for administrative decisions. Resolution 19-10 Page 11 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 4.02.02 Psychological Evaluations Psychological evaluations may be required as part of the pre-employment screening process or to determine fitness for duty for current employees. All psychological evaluations will be conducted by a designated, licensed psychologist at the Town’s expense. Pre-employment psychological evaluations are required for some positions to help determine suitability for work and to identify any psychological trait, factor, or condition, which may significantly interfere with an applicant’s ability to carry out duties for the position for which he/she is applying, in accordance with the current departmental rules, regulations, and policies. Fitness for duty psychological evaluations may be required of current employees at any time. These evaluations are intended to provide guidance as to the employee’s inability to carry out duties due to psychological factors. The Town Manager may require a psychological evaluation as part of an administrative action for an employee showing behavioral signs of distress or impairment or when mental instability is reasonably suspected. For fitness for duty evaluations, the employee shall receive a written directive from the Town Manager to undergo an evaluation. This order will also contain information related to the date, time, and location of where the evaluation will be conducted. Failure by the employee to report for an evaluation shall result in disciplinary action, up to and including termination. Psychological reports are to be kept confidential and used only by personnel authorized by the Town Manager. They are only advisory and shall not be the sole basis for administrative decisions. 4.03 Hiring of Relatives (Nepotism) No person related within the second degree of affinity or within the third degree by consanguinity to any elected officer of the Town, or to the Town Manager, shall be appointed any office, position, or clerkship, or other service of the Town. Relatives of all other persons employed by the Town of Westlake may not be hired if the relative is within the second degree of affinity or within the second degree of consanguinity. This policy applies to all Town departments, and may not be circumvented in cases where a relative would not be supervised by the existing Town employee. In the event that two employees enter into a marital relationship, one employee will be required to resign their employment with the Town within thirty (30) days. Present or future employees may not be promoted nor transferred to a position that would be in violation of this policy. For the purposes of this policy, a relative is defined to include: Resolution 19-10 Page 12 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 First degree affinity – spouse, spouse’s mother, father, brother, sister, son, daughter; Second degree affinity – spouse’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; First degree of consanguinity – employee’s mother, father, daughter, son, sister, brother; Second degree of consanguinity – employee’s aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; Third degree of consanguinity – employee’s great aunt, great uncle, great niece, great nephew, great grandmother, great grandfather, great granddaughter, great grandson, second cousins. Exemptions to this policy may be made in writing by the Town Manager on a case-by-case basis. 4.04 Outside Employment Employees may hold a job outside the Town of Westlake if they satisfactorily perform their job responsibilities with the Town within the prescribed hours of service required for their employment. Employees should give due consideration to the impact that outside employment may have on their health and physical endurance. All employees will be subject to the Town’s scheduling demands. Special requests or consideration brought about by outside employment will be secondary to meeting the Town’s needs. If an employee’s outside work hinders the performance or ability to meet the Town’s requirements as they change with time, the employee may have to make a choice of which job with which to continue employment. Outside employment that presents an actual or potential adverse impact on the Town will be construed as a conflict of interest. Employees who have attained certain professional or technical expertise may do consulting work outside of this jurisdiction or perform work for agencies whose business dealings would not create a conflict with this jurisdiction. Any employee on paid leave using sick pay, who then performs outside work for compensation within twenty-four (24) hours, shall be deemed to conflict with this policy and be subject to the loss of the paid leave time (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. Resolution 19-10 Page 13 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 4.05 Promotions A promotion is the assignment of a current employee through the selection process to a vacant position in which the classification or grade has a higher maximum salary. The date of promotion will become the employee’s new annual review date. The temporary promotion of a qualified employee may be authorized by the appropriate Department Head for a period of time not to exceed ninety (90) days. If circumstances so warrant, a temporary promotion may be extended an additional ninety (90) days with the endorsement of the Town Manager. Temporary promotions shall not be used to circumvent normal selection procedures. Section 5: Employee Standards of Conduct 5.01 Confidentiality of Information During the course of employment with the Town of Westlake, employees may have access to personal information about current and former employees, Town citizens, businesses, job applicants, persons applying for permits or processed through the Courts, addresses, telephone numbers, and other information that is to be considered confidential. No information related to Town business or other employees should be divulged to anyone, including media, without approval of the Town Manager and Town Attorney to ensure compliance with the Texas Open Records Act, or other applicable laws. Requests for employee information, job references, job questionnaires, etc. must be referred to the Human Resources Department. 5.02 Conflict of Interest It is the policy of the Town of Westlake that employees shall faithfully execute their duties and shall refrain from knowingly engaging in any outside matters of interest incompatible with the impartial, objective, and effective performance of their duties. They shall not realize personal gain in any form that would improperly influence their Town duties and responsibilities. Employees shall not use Town of Westlake property, funds, or position for personal or political gain. Violation of this policy may result in disciplinary action up to and including termination. Employees shall not use any vehicle, equipment, tools, facility, supply or any other Town- owned property for their own use outside of the course and/or scope of their employment or position. Employees shall not allow friends, relatives, or acquaintances to use Town of Westlake property unless the Town property is normally available for use by the public. Nor shall employees store Town owned property on private property without the Town Manager’s written approval. Resolution 19-10 Page 14 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 5.03 Dress Code The Town of Westlake is a public “service” organization; most employees are in constant contact with the public, citizens, out-of-town guests, potential residents, the business and professional community, etc. Employees are expected to dress in a manner that is appropriate to a business environment and their specific positions that will represent pride in the Town of Westlake and the citizens they serve. In accordance with department/division standards, or work environment, employees shall maintain a neat, clean, pressed and well- groomed appearance, including clothing that fits properly. Certain departments may be required to wear a specific uniform. Uniforms will be provided to Fire/EMS personnel and the Marshal’s Office. Public Works and Maintenance personnel are permitted to wear jeans. Office personnel are generally expected to wear business casual attire. The appropriate dress for men is slacks / khakis, dress pullovers, or a button down shirt. Ties are optional, but should be worn when representing the Town at public meetings or Town functions, unless otherwise notified. Acceptable attire for women is dress slacks / khakis, blouses, skirts, and pant suits. Tennis shoes or flip-flops are not acceptable unless approved in advance by the Town Manager. The Town observes a “Summer Casual” period each year during the warmest summer months. The tenure of the Summer Casual period is from May 1st through September 30th. During this timeframe, employees may select to wear more casual attire for personal comfort. For all employees, Polo shirts and other short sleeved items may be worn with khakis or slacks. Office personnel will be also be permitted to participate in “casual Fridays”. During casual Fridays, office personnel will be permitted to substitute jeans for slacks / khakis. Jeans should be clean and free from holes, tears, or lettering, and should not compromise the standards of a professional business environment. This policy will not affect the standards required for shirts, pullovers, blouses, or footwear. During the month of July, casual dress will be permitted each workday for office personnel. The standard dress for this period of time will be the same as “casual Fridays”. While casual dress is permitted during this time, employees are expected to use discretion when attending scheduled meetings, events, etc., and observe the Town’s standard dress code. Employees who are required to wear specific uniforms are exempted from this policy. This policy may be revised or eliminated by the Town Manager at any time. 5.04 Electronic Communications and Equipment This policy establishes rules governing the use of Information Technology systems and services including Internet services, electronic communication systems, and telephone communication systems including but not limited to e-mail, telephone, voice mail, facsimiles, pagers, cellular phones, computer network, and computer directories and files. Information Technology and Electronic/Telephone Communication Systems are provided by the Town of Westlake for business use. Employees should not expect privacy with respect to Resolution 19-10 Page 15 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 any of their activities using these systems. The Town of Westlake reserves the right to review any files, messages, or communications sent, received or stored on its computer, telephone and electronic systems. The Town of Westlake's prohibition against sexual, racial, and other forms of harassment is extended to include the use of electronic and telecommunications systems. Offensive, harassing, vulgar, obscene, or threatening communications are strictly prohibited, as are sexually oriented messages or images. Privileged or confidential material, such as, but not limited to attorney-client communications, should not be exchanged haphazardly by e-mail, facsimiles, instant messaging or other means. Use of Information Technology must be conducted in accordance with local, state and federal law; engaging in illegal, fraudulent, or malicious conduct is prohibited. Violation of this policy may result in disciplinary action up to and including termination. 5.04.01 Prohibited Activities • Engaging in illegal, fraudulent, or malicious conduct; • Harassing individuals; • Transmitting or storing material that is threatening, obscene, sexually explicit or disparaging of others based on race, national origin, sex, sexual orientation, age, disability, religious or political beliefs; • Obtaining unauthorized access to any computer system; • Using another individual's account or identity without explicit authorization; • Conducting political campaigns or other prohibited activity; • Gambling or playing a game for money or other stakes. • Downloading of software products from Internet sites is not permitted without prior approval of the Town Manager. 5.04.02 Personal Use Very limited or incidental use of Internet Services for personal use is acceptable. Such use must be infrequent. Personal use must not: • Involve any illegal activity or any prohibited activity listed above; • Interfere with the productivity of the employee or co-workers; • Consume system resources bandwidth or storage capacity on an on-going basis. 5.04.03 Personal Computers and the Internal Network A personal computer and access to the Town’s internal network is provided to the employee for the purpose of conducting Town business and improving productivity. The employee is expected not to disclose personal passwords to network resources and to request a new password should he/she feel that the security of a password has Resolution 19-10 Page 16 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 been compromised. Passwords should only be shared with the employee’s supervisor(s) or technical support personnel. 5.04.04 Internet The Internet is a powerful communication tool and a valuable source of information. Internet service includes but is not limited to e-mail, file transfer protocol (FTP), web browsing and newsgroups. The employee should be aware that information transmitted over the Internet is potentially insecure. Internet communication systems may accommodate the use of passwords for security, however the reliability of such for maintaining confidentiality cannot be guaranteed. (Employees should assume that someone other than the intended recipient could read any and all Internet communication.) The Town of Westlake reserves the right to filter incoming and outgoing network communications for the purpose of securing the network, restricting access to inappropriate content or to determine compliance with this policy. 5.04.05 Email The Town of Westlake maintains an electronic mail system, commonly called e-mail, to assist in conducting business and as a means to enhance the ability of employees to communicate. All employees must be aware that the use of e-mail messages creates a public record and is subject to public record regulations with respect to inspection, disclosure, scheduled retention, and disposition. The Town reserves the right to retrieve and read any message composed, sent, or received and also reserves the right to filter email for the purpose of security and to restrict inappropriate usage. The employee is expected not to disclose personal passwords to network resources and to request a new password should he/she feel that the security of a password has been compromised. Passwords should only be shared with the employee’s supervisor(s) or technical support personnel. 5.04.06 Web Browsing The Town of Westlake reserves the right to filter web page requests to restrict access to inappropriate content. Requests to access content restricted by the filtering mechanism must be approved by the Town Manager. Employees should be aware of the potential threats in the form of “malware” or “spyware” that can potentially compromise a personal computer or network systems, and shall follow procedure to minimize such threats. 5.04.07 Instant (or Text) Messaging Town business may be conducted using instant messaging on mobile phones, whether on Town-owned phones or personal phones. Any information exchanged Resolution 19-10 Page 17 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 regarding Town business should be considered public record and employees are required to adhere to the Town’s record retention schedule. 5.04.08 Telephone Voice Mail Employees issued voicemail accounts return voice mail messages promptly. Since the voice mail system is a secured system, individuals are encouraged to avoid using their extension or the system default as a password. Information Technology will only provide another person's voice mail password to that person's supervisor, manager, or department director. 5.04.09 Employee Mobile Phone Policy Town-issued Mobile phones Mobile telephones acquired through the Town are for official use. Personal calls, except in extreme emergency, will not be paid for by the Town. Employees assigned mobile phones, either on a temporary (shared) basis or full time, are responsible for appropriate use and safekeeping. Using a Mobile telephone while operating a motor vehicle is strongly discouraged, employees should plan calls either before or after operating a motor vehicle. Employee Mobile Phone Allowance The mobile phone allowance is designed to offset the cost to the employee for using his/her personal device for Town business. At the sole discretion of the Town Manager, eligible employee may receive a mobile phone allowance in lieu of a Town-issued mobile phone. If approved for a mobile phone allowance, the employee shall enter into a Mobile Phone Allowance Agreement with the Town. The Town will not provide technical support for personal mobile phones, except for limited support for data communication with the Town’s network for those authorized to have the ability to do so. Eligibility: Employees eligible for a mobile phone allowance include Department Heads, full-time employees whose job duties regularly require emergency call back, irregular work hours, or other job-related factors that require the employee to routinely utilize a mobile phone to effectively perform their job duties. To qualify for a Mobile Telephone Allowance, an employee must not also have a Town issued phone. An eligible employee must return any Town-issued mobile phone prior to receiving a mobile phone allowance. Allowance Amount: The employee mobile phone allowance amount shall be $80.00 per month. No further reimbursement for mobile phone expenses (including accessories, usage fees, or other charges) is available to employees who receive a mobile phone allowance. Resolution 19-10 Page 18 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Payroll Processing: Payments equaling one-half (50%) of the monthly mobile phone allowance shall be included on the eligible employee’s paycheck twice per month, subject to all applicable taxes and deductions under federal and state law. This allowance does not constitute an increase to base pay, and will not be included in the calculation of percentage increases to base pay due to salary increases, promotions, reclassification, etc. Employee Responsibilities: The employee must retain an active mobile phone contract as long as a mobile phone allowance is in place. The employee must provide their department head with their current mobile phone number and provide immediate notification if the number changes. Employees receiving a mobile phone allowance are expected to carry the mobile phone on their person, both on and off duty, and respond when called for Town business. Missed calls should be returned promptly; no later than the following business day. Employees receiving a mobile phone allowance are required to notify their supervisor in advance the employee anticipates they will be inaccessible by mobile phone. Employees may choose the mobile service provider and plan design of their choice. Use of the phone in any manner contrary to local, state, or federal laws will constitute misuse, and may result in immediate termination of the mobile phone allowance. An employee receiving a mobile phone allowance is solely responsible for replacing his/her personal mobile phone within five (5) business days if it is stolen, lost, or damaged. The employee must notify the Town of any lost or stolen device so the Town may take any action against unauthorized access to Town information. Allowance Termination: If an employee resigns, is terminated, transfers to a different department, or no longer qualifies for the mobile services allowance program, the allowance will be terminated. In the case of a resignation and/or termination, an allowance termination request is not required. If, prior to the end of the mobile services contract, either through a personal decision, employee misconduct/misuse, or a Town decision unrelated to employee misconduct, the employee needs to end or change the contract, the employee will bear the costs of any fees associated with termination of the service contract. Employees unable to purchase, maintain, carry and use an electronic communication device and/or services for business use (e.g., due to financial hardship) are required to notify their supervisor and the supplemental compensation will end immediately. If the employee terminates the mobile services contract at any point, he/she must notify their supervisor within five (5) business days to terminate the allowance. A delay in the notification may require a corrective payroll action to recover employer costs. Mobile Phone Reimbursement If a Town employee's position and/or responsibilities do not include the need for a Town issued mobile phone, employees may request reimbursement for the actual Resolution 19-10 Page 19 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 expenses of business-related mobile phone calls. Reimbursement for voice or data charges is limited to the total overage charge shown on the invoice; expenses for minutes included in the plan will not be reimbursed. The individual should make personal payment to the provider, and then should submit a request for reimbursement, identifying the business purpose. If personal use typically exceeds business use on a wireless phone, the employee should provide his/her own phone and submit reimbursement requests for business calls. A copy of the wireless phone bill, detailing the individual calls to be reimbursed, must accompany the reimbursement request. Although most wireless carriers do not include detailed phone records in their monthly statements, the information is readily available online from most major providers. Reimbursement documentation should identify the business purpose. 5.05 Employee Conduct The attitude and behavior of an employee, whether in public or private, is seen as a direct reflection of the Town of Westlake, its programs and policies. Employees should at all times present themselves in such a manner as to promote good will and a favorable attitude of the general public toward the Town of Westlake. The Town expects its employees to follow rules of conduct, which will best serve the interests and safety of all citizens and employees. The following are examples of misconduct, which may be grounds for suspension or termination, but such actions are not limited to the infractions listed below. • Violation of Town or departmental ordinances, rules, regulations, policies or procedures • Unsatisfactory performance or conduct • Theft of, unauthorized removal of, or possession of Town property • Falsification, unauthorized use, or disclosure of official documents, records, or information • Being unruly, disruptive, threatening violence, or fighting in the work place or on Town property • Willful disobedience of a legal directive issued by a supervisor and/or any disrespectful, insolent, or abusive acts towards a supervisor, Department Head, Town Manager, or member of the Town Council • Actions that result in the waste or damage of Town equipment, property, supplies, or resources • Unauthorized absence from the workstation, use of telephone or mail for personal benefit, or abuse of official authority • Harassment of persons protected by federal law due to their sex, age, religion, race, ethnic background, or disability status • Conviction of a felony • Arrest for and/or being charged with actions that bring discredit to the Town or a profession • Use, possession, or being under the influence of controlled substances without proper written medical authorization; ingestion or being under the influence of an alcoholic beverage in a • Town vehicle, while operating Town equipment, or while on call or on standby duty; ingestion of an alcoholic beverage during working hours or on Town property. • Unauthorized or improper use of official authority • Illegal, unethical, abusive, or unsafe acts Resolution 19-10 Page 20 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 • Failure of an employee to use available safety equipment, including seat belts, or employee’s disregard for the safety of others • Refusal to sign a form acknowledging receipt of the Drug and Alcohol Policy, or refusal to sign a consent form for testing and related searches and seizures • Possession of contraband while at work or on Town property, which includes but is not limited to drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money • Making false accusations or knowingly providing false information about another employee’s behavior or actions. 5.06 Attendance and Punctuality All employees are expected to demonstrate consistent and reliable work habits with regards to attendance and punctuality. Normal business hours for the Town of Westlake are 8:00am- 5:00pm. Fire/EMS shift hours vary and are determined by the Department Head. Employees are expected to be punctual for the beginning of their workday and / or shift. Tardiness may be grounds for disciplinary action. All absences should be documented using an Employee Absence Form. Non-exempt (hourly) employees are required to complete the form, which must be signed by their supervisor and forwarded to the Human Resources Department for processing. Exempt employees may submit the form directly to Human Resources without prior supervisory approval, but should notify their supervisor in advance of any planned absence. Absences exceeding an employee’s available sick, vacation, or holiday time will result in a reduction in wages or salary. 5.07 Work Schedules Work schedules for employees vary throughout the organization. Staffing needs and operational requirements may necessitate different starting and ending times, as well as changes in the total hours that may be scheduled each workday or week. Supervisors in each department will advise employees of their normal work schedule and such deviations or alterations that may be necessary to accomplish the required work. 5.08 Facial Jewelry No facial jewelry may be worn by employees while they are on-duty. Facial jewelry is defined as jewelry that is worn on the face: nose, eyebrows, eyelids, lips, tongue, etc. This policy does not prevent the wearing of jewelry on the ears, neck, hands, etc. while on duty unless restricted by departmental policy or for safety reasons. 5.09 Fraud Policy The Town of Westlake is committed to protecting its revenue, property, information and other assets from any attempt, either by members of the public, contractors, sub-contractors, agents, intermediaries or its own employees, to gain by deceit, financial or other benefits. This policy sets out specific guidelines and responsibilities regarding appropriate actions that must be followed for the investigation of fraud and other similar irregularities. This policy applies to Council Members, all employees of the Town of Westlake, agencies and Resolution 19-10 Page 21 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 commissions over which the Town Council and Board of Trustees have authority to require general policies to be followed. Fraud and other similar irregularities include, but are not limited to: • Forgery or alteration of checks, drafts, promissory notes and securities • Any misappropriation of funds, securities, supplies or any other asset • Any irregularity in the handling or reporting of money transactions • Misappropriation of furniture, fixtures and equipment • Seeking or accepting anything of material value from vendors, consultants or contractors doing business with Westlake which would be considered a conflict of interest • Unauthorized use or misuse of Westlake property, equipment, materials or records • Any computer related activity involving the alteration, destruction, forgery or manipulation of data for fraudulent purposes or misappropriation of Westlake-owned software • Any claim for reimbursement of expenses that are not made for the exclusive benefit of Westlake • Any similar or related irregularity. General Policy and Responsibilities It is Westlake’s intent to fully investigate any suspected acts of fraud, misappropriation or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, and length of service or relationship with Westlake of any party who might be or becomes involved in or becomes/is the subject of such investigation. Each Department Head is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. The Finance Director, in consultation with the Town Manager, has the primary responsibility for the investigation of all activity as defined in this policy. The Finance Director will notify the Town Manager of a reported allegation of fraudulent or irregular conduct upon the commencement of the investigation to the extent practical. Throughout the investigation, the Town Manager should be informed of pertinent investigative findings. In all circumstances, where there are reasonable grounds to indicate that a fraud may have occurred, the Finance Director, subject to the advice of the Town Manager, will contact the Keller Police Department. Upon conclusion of the investigation, the results will be reported to the Town Manager. Westlake will pursue every reasonable effort, including court ordered restitution, to obtain recovery of the Town losses from the offender, or other appropriate source(s). Resolution 19-10 Page 22 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Procedures Any employee who has knowledge of an occurrence of irregular conduct, or has reason to suspect that a fraud has occurred, shall immediately notify the Finance Director. If the employee has reason to believe that the Finance Director may be involved, the employee shall immediately notify the Town Manager. If the employee has reason to believe that the Town Manager may be involved, the employee shall immediately notify the Finance Director, who will contact the Mayor. The employee shall not discuss the matter with anyone other than the Finance Director or Town Manager. Employees who knowingly make false allegations will be subject to discipline up to and including termination. Upon notification from an employee or Department Head of suspected fraud, or if the Town Manager has reason to suspect that a fraud has occurred, the Town Manager shall immediately contact the Finance Director. The Town Manager shall not attempt to investigate the suspected fraud or to discuss the matter with anyone other than the Town Council, Finance Director, Town Attorney, and the Keller Police Department. Upon notification or discovery of a suspected fraud, the Finance Director will promptly investigate the fraud. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Finance Director, in consultation with the Town Manager, will contact the Keller Police Department. After an initial review and a determination that the suspected fraud warrants additional investigation, the Finance Director will notify the Town Manager of the allegations. If necessary, the Finance Director shall coordinate the investigation with the appropriate law enforcement officials. Once a suspected fraud is reported, the Finance Director, in consultation with the Town Manager, shall take immediate action to prevent the theft, alteration, or destruction of relevant records. Such actions include, but are not necessarily limited to, removing the records and placing them in a secure location, limiting access to the location where the records currently exist, and preventing the individual suspected of committing the fraud from having access to the records. The records must be adequately secured until the Finance Director obtains the records to begin the audit investigation. All participants in a fraud investigation shall keep the details and results of the investigation confidential. However, the Finance Director, in consultation with the Town Manager and Town Attorney, may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation. Personnel Actions If a suspicion of fraud is substantiated by the investigation, disciplinary action, up to and including termination, shall be taken by the appropriate level of management. Resolution 19-10 Page 23 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Disciplinary procedures shall be in conformance with the Westlake's Personnel Policies and Procedures. Unless exceptional circumstances exist, a person under investigation for fraud shall be given notice in writing of the essential particulars of the allegations following the conclusion of the audit investigation and prior to final disciplinary action being taken. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Finance Director no later than seven calendar days after the notice is received. This requirement is subject to any collective agreement provisions respecting the rights of employees during disciplinary proceedings. Whistle-Blower Protection Employees who report suspected fraud shall not be subjected to reprisal or retaliation in any form. No employer or person acting on behalf of an employer shall: • dismiss or threaten to dismiss an employee who reports fraud; • suspend or threaten to discipline or suspend an employee who reports fraud; • impose any penalty upon an employee; or intimidate or coerce an employee, who reports fraud. Media Issues Any staff person or elected official contacted by the media with respect to an audit investigation shall refer the media to the Town Manager. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the Town Manager, in consultation with the Finance Director and the Town Attorney. The Town Manager will facilitate the release of any information to the media and identify an appropriate Town spokesperson, if required. Completion of Investigation At the conclusion of the investigation, the Finance Director will document the results in a confidential memorandum report to the Town Manager with a copy to the Town Council. If the report concludes that the allegations are founded, the report will be forwarded to the Keller Police Department. The Finance Director will also be required to make recommendations to the Town Manager, who will assist in the prevention of future similar occurrences. Upon completion of the investigation including all legal and personnel actions, any records, documents and other evidentiary material will be returned by the Finance Director to the appropriate department. Resolution 19-10 Page 24 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 5.10 Acceptance of Gifts It is expected that every Town of Westlake representative maintain the highest degree of ethical standards at all times. This standard may be greatly compromised by the improper acceptance of gifts. Even the appearance of accepting gifts can create a negative reflection of the Town. All Town of Westlake employees, elected officials, and authorized agents acting on behalf of the Town shall not accept any gift that may reasonably tend to influence them in the performance of their official duties, or to grant improper favor, service or thing of value. Neither shall they use their official position to secure special privileges or exemptions for themselves or others, or any special discounts or loans from any person or firm doing, or seeking to do, business with the Town of Westlake. The meaning of gifts for purposes of this policy includes the acceptance of items of monetary value, including entertainment, free travel, and lodging. Gifts of nominal value may be accepted only with the approval of the Town Manager. Any conflict or potential conflict of interest must be disclosed immediately to the Town Manager. Failure to do so will result in disciplinary action, up to and including termination. 5.11 Inclement Weather 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 19-10 Page 25 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Example #2: Delayed opening at 11am, 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 Fire/EMS personnel who work 24 hour shifts. 5.12 Political Activity Except as may be otherwise provided by law, the following restrictions on political activity shall apply to Town employees: Employees shall refrain from publicly using their positions for or against any candidate for public office in any jurisdiction. Employees shall not circulate petitions or campaign literature on behalf of candidates for Town elective office or be in any way concerned with soliciting or receiving any subscription, contribution, or political service on behalf of such candidates. Employees shall not use working hours or Town property to be in any way concerned with soliciting or receiving any subscription, contribution, or political service, or to circulate petitions or campaign literature on behalf of such candidates for public office in any jurisdiction. Employees shall not in any manner contribute money, labor, time, or other valuable items to any person for Town election purposes. Resolution 19-10 Page 26 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 No employee may seek or hold an appointive or elective office of public trust, partisan office in any jurisdiction, or any other office where service would constitute a direct conflict of interest with Town employment, with or without remuneration. If an employee decides to seek or assume such office, he or she shall resign from Town service or shall be dismissed for failure to do so. While out of uniform and not on active duty, an employee may engage in a political activity relating to a campaign for an elective office, except that the person may not solicit campaign contributions for a candidate other than from members of an employee organization to which that person belongs. 5.13 Tobacco-Free Workplace The Town prohibits smoking or using any tobacco or other plant products in all municipal buildings or facilities, or Town vehicles. Smoking or using of tobacco products is also prohibited on the grounds of Westlake Academy. All Town of Westlake employees are required to comply with any local ordinance(s) pertaining to smoking or tobacco use. 5.14 Travel Policy The job duties and responsibilities of Town representatives (employees) occasionally require attendance at various conferences, seminars, classes, meetings, workshops, or other events and may require travel to other areas of the metroplex, state, or country. The purpose of this policy is to establish and maintain prudent stewardship of public funds and ensure that Town representatives attend conferences, etc., that are necessary, relevant, and important to the future of the Town. The following travel guidelines are set forth to serve as a policy statement for business travel by all representatives of the Town of Westlake. The term “Town representatives” includes the Mayor, Town Council, appointed Board and Commission Committee Members, Volunteers, and Town employees. Assessing Value of Attendance Those attending a seminar, conference, etc., should review the details of those events to ensure that attendance would be beneficial in performance of their duties as representatives of the Town and that funds have been budgeted. Authorization Procedure Mayor and Town Council Members - Upon request of Town Council members, the Town Secretary’s office will coordinate registration, reservations, travel accommodations, etc., for all Town Council members. The Finance Director’s office should be contacted to confirm the availability of budgeted funds. All employees and board members must prepare a Travel Authorization Form for Town Manager approval. This form must include a detail of estimated travel expenses. Resolution 19-10 Page 27 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Board and Commission Committee Members and Volunteers - Appointed board and commission committee members and volunteers must follow the same guidelines for Administrative Staff and Employees. The Town Manager must approve the Travel Authorization Form. Processing the Travel Authorization Form All approved Travel Authorization Forms shall be sent to the Finance Department for processing no later than ten (10) days before funds are needed. The completed Travel Authorization Form must be submitted with copies of the documentation (program registration) for the event. Event/Travel Procedures The following guidelines and standards shall be utilized when traveling on Town business. A. Registration 1. Direct payment to the sponsor of the event is preferable. 2. In the event direct payment to the sponsor is impossible, an individual attendee will be reimbursed for the actual cost of the registration and/or event costs. 3. Full advantage should be taken of any pre-registration discounts when possible. 4. Vouchers, invoices, advance registration forms, and/or receipts must be submitted as payment or reimbursement justification. B. Transportation Transportation arrangements are based on what provides the most economic advantage to the Town of Westlake. Airfare - Airfare will be paid directly to the carrier, travel agency (or reimbursed), based on coach fare, utilizing all prepaid, special, or discount fares as may be available. Public Carrier Fares and Car Rental 1. Public carrier fares will be reimbursed based on receipts or prevailing fares based on the geographic area. 2. Car rental reimbursement will be reviewed upon submission and/or receipt and prevailing rental rates paid. If necessary, other circumstances will be evaluated in determining additional reimbursement for the rental. 3. Discounts and special rates should be utilized whenever possible. Resolution 19-10 Page 28 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Personal Vehicle or Town Owned Vehicle Use 1. Employees attending events, seminars, classes, workshops, etc., in the metroplex no matter what the duration of the class may be provided a Town vehicle to attend, if available. 2. If no vehicle is available, employees using their own vehicle will be eligible to receive a mileage allowance at a rate in accordance with the Internal Revenue Service allowance. Reimbursement will be based upon actual mileage from the employee’s regular place of work to their destination, or from home to destination whichever is less. 3. If an employee is required to attend training for an extended period of time (longer than one work week), the place of training will become the employees regularly assigned workplace until such training is completed. An employee will not be eligible for mileage reimbursement in such an instance. 4. To receive mileage reimbursement, the event, seminar, class, etc. must be required by the Town or approved as personal development related to the job of the employee. C. Overnight Accommodations 1. Room rental will be based on the actual cost of the room, plus tax and parking. Direct payment or billing from the hotel is preferred. 2. Personal items such as personal telephone calls and movies are not reimbursable. When travel time exceeds a day, one night’s accommodations enroute to the event and one night’s accommodation on the return trip may be reimbursed. 3. Receipts are required for all reimbursements. 4. Overnight accommodations should not exceed what is considered mid-range in terms of cost and should take into account the distance from the conference site in order to reduce transportation costs. Meals and Incidental Expenses Meals and incidental expenses may be either reimbursed to the employee utilizing the guidelines under Section “A” below, or the employee may request a daily per diem. Approval of per diem advances is required by the employee’s supervisor or the Town Manager. Travel Advances Travel advances are provided so that the employee is not required to use personal funds for Town business. 1. Travel advances must be received by the Finance Department ten (10) business days prior to the event to allow adequate time for processing. 2. Advances are not to be considered additional compensation to the traveler. 3. Unused portions of travel advances must be returned immediately upon return to work following a trip. Failure to do so within five days shall be reported to the Department Director. 4. A daily advance amount of $65 is permitted including travel days. 5. Advances will be denied to travelers with previous advances outstanding over 10 days and when an expense report has not been filed. Resolution 19-10 Page 29 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 6. Additional advance amounts for mileage are not permitted. Mileage, when allowed, is a reimbursable expense only. 7. Allowable expenses in excess of the advance amount may be reimbursed upon return and filing of an expense report. A. Reimbursement Method 1. Meals will be reimbursed upon presentation of receipts when travel is outside of the Town of Westlake for attendance at a seminar, training class, or full day meeting. 2. Meal receipts must be itemized. Alcoholic beverages are not eligible for reimbursement, and should be deducted from the receipt, or paid separately with the employee’s personal funds. 3. Meals will be reimbursed at a maximum of $15.00 for breakfast, $20.00 for lunch, and $30.00 for dinner. If a meal exceeds this amount, the employee will be required to pay the difference. 4. There is a maximum daily reimbursement of $65.00 for meals. Amounts not used for a meal cannot be applied to another meal. B. Per Diems As an alternative to the Reimbursement method, employees may select the option of a daily per diem for travel and meal expenses. Approval of per diem advances is required by the employee’s supervisor or the Town Manager. 1. Meals The Town will pay for meals up to the GSA allowance amount when the purchase of meals is directly attributable to the conduct of Town business. The employee shall utilize all meals provided by the conference/seminar/meeting. Incidental expenses for snacks and sundry items and gratuities are included in the GSA allowance. Determining GSA Allowance Rate The amount of the GSA allowance is based on the travel destination. Each travel destination has a GSA allowance rate that is assigned to it based upon cost of living. The GSA allowance rate for the travel destination is determined through the following steps: Step 1: Click on www.gsa.gov Step 2: Click on Per Diem Rates under the e-Tools: Online Services heading. Step 3: Click on the applicable US state for the destination Town. Choose the applicable Meals and Incidental Expense (M&IE) rate from the table. If the destination Town is not listed in the table, the standard rate provided in the table should be used. Resolution 19-10 Page 30 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 The GSA meal and incidental allowance shall be prorated (reduced) under the following conditions: • Meal is provided at a conference, seminar, or social event • Meal is provided on the airline or other mode of transportation • Meal is eaten at home on the day of the travel before beginning the travel or upon returning home after the travel. The GSA allowance shall be prorated as follows for the conditions listed above: • Breakfast - 20% of GSA allowance • Lunch - 30% of GSA allowance • Dinner - 50% of GSA allowance The GSA allowance shall not be carried over from one day to the following day during the travel. When using the per diem method, all employees must document GSA-allowable per diems using the Determination of Travel Allowance worksheet. The form shall include the applicable GSA allowances percentages for meals and other applicable expenses, and total travel costs. Supervisors or Department Heads who have managerial oversight for employee business expense(s) are/is expressly and ultimately responsible authorizing and reviewing travel expenses and reimbursements. Meals on traveling days: For the days beginning and ending travel, only those meals within the travel window should be claimed. • Days beginning travel: Departure times after 10 a.m. – only lunch and dinner should be claimed Departure times after 2 p.m. – only dinner should be claimed. • Days ending travel: Arrival times before 12 p.m. – only breakfast should be claimed Arrival times before 5 p.m. – only breakfast and lunch should be claimed Partial Day Reimbursement An employee who is traveling on official Town business for a continuous period of a minimum of four hours but less than twenty-four hours, which does not involve an overnight stay, will be reimbursed based on the per diem breakdown. No partial meal allowance will be paid for an official business trip of less than four (4.0) hours unless the business meeting includes a meal. Joint Expenses When two or more Town employees incur business expenses jointly (e.g. hotel expenses) that will be charged to the same account, one person may pay some or Resolution 19-10 Page 31 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 all of the joint expenses and file the travel report covering them. The report should mention the names of all Town employees whose expenses are included. Non-Reimbursable Expenses The following expenses are NOT reimbursable by the Town: • In-room movie or game rentals • Health clubs and spas • Personal articles (i.e. toiletries, magazines, etc.) • Alcoholic beverages • Entertainment unrelated to Town business (i.e. attending a movie or play with friends) • Business and personal calls from hotels • Calls to 900 numbers • Dry cleaning or laundry • Fines • Costs resulting from failure to cancel transportation or hotel reservations Submittal of Completed Expense Report Employee must document any reimbursable expenses incurred on an Employee Expense Report (see Appendix section). Receipts must accompany the report to substantiate any requested reimbursement. Expenses not previously approved by the Travel Authorization Request Form must be submitted to the Town Manager for approval. Expense reports should be submitted to the Finance Department within ten (10) business days of returning from travel. 5.15 Town-Issued Credit Cards The Town of Westlake may issue credit cards to employees for official purchases of goods or services. Employees will be required to sign a form indicating receipt of any issued card, and cards must be returned upon termination of employment. Use of Town-issued credit cards must follow all internal purchasing guidelines, and all purchases must comply with all applicable state and federal purchasing laws. The Town may implement additional internal controls for audit purposes at any time. The Town reserves the right to require the return of any Town-issued credit card at any time. 5.16 Drug Free Work Place The Town of Westlake is committed to providing a safe, efficient, and productive workplace for all employees. In keeping with this commitment, employees and job applicants may be required to provide a blood and/or urine sample to determine the use of alcohol, illegal or controlled substances in the workplace. Drug tests will be conducted in any of the following situations: pre-employment - as a pre-qualification to assuming any position, prospective employees may be required to submit to drug testing; Resolution 19-10 Page 32 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 promotion, transfer, or reclassification - as a prerequisite to assuming the position, affected employees may be required to submit to drug testing; incident - being involved in a reportable accident while operating Town vehicles or equipment; reasonable suspicion - as set forth in the Drug and Alcohol Policy; employees holding sensitive jobs may be subject to random drug and alcohol testing at the direction of the Town Manager. The Town of Westlake recognizes that alcohol and drug abuse can be successfully treated. Therefore, Town employees will be given the opportunity to successfully complete counseling or rehabilitation programs to overcome addiction to drugs or alcohol in addition to or in lieu of disciplinary action. However, employees who 1) refuse to submit to testing, 2) after a positive substance test refuse to seek counseling or treatment, or 3) violate the Drug Free Work Place policy two times will be dismissed from Town employment. 5.17 Drug and Alcohol Policy While at work, each Town employee has a responsibility to the public to deliver services in a safe, efficient, and conscientious manner. In order to perform a job in the safest manner possible, Town employees must be able to work in a drug-free environment and themselves to be free from the effects of alcohol and other performance-impairing substances while on the job. Accordingly, while on the job or in a Town vehicle, the use, sale, distribution, possession, or being under the influence of an intoxicating liquor, controlled substance, drug not medically authorized, or any other substance which impairs job performance or poses a hazard to the safety and welfare of the employee, the public, or other employees, is strictly prohibited and will result in suspension or termination. The use of illegal drugs or alcohol on the job, the misuse of legally prescribed drugs, or being under the influence of these substances, casts serious doubt on the employee’s ability to perform his or her job functions and undermines the public confidence in the integrity of Town personnel. 5.17.01 Definitions Abuse of Town property is exemplified, but not limited to, the following: Negligent or willful damage or destruction of Town equipment or property; Waste of materials or negligent loss of tools or materials; Improper maintenance of equipment; Damage caused by the use of tools or equipment for purposes other than that for which the tool or equipment was intended; Adulterant means a masking agent that prevents the detection of drug use in a drug testing specimen or any other substance used to tamper with the specimen. Resolution 19-10 Page 33 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Alcoholic beverage means alcohol, or any beverage, containing more than one-half of one percent alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an Evidential Breath Test (EBT). Contraband means any article, the possession of which on Town premises or while on Town business causes an employee to be in violation of a Town rule or penal law. Contraband includes illegal drugs and open containers of alcoholic beverages, drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money. Nothing shall preclude the possession of contraband for the purposes of educational instruction pursuant to the employee’s job responsibilities. Controlled substances means any drug, substance, or immediate precursor listed in Schedules I-V or Penalty Groups 1-4 of the Controlled Substances Act of 1988 as it may be revised from time to time. Drug or Illegal drug means any drug in any detectable amount that is not legally obtainable; any drug that is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are cannabis substances such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. Drug Paraphernalia means equipment, a product or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this policy or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Medical Review Officer (MRO) means a licensed physician (doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive or adulterated test result together with his or her medical history and any other relevant biomedical information. Physician means a physician licensed by the State Board of Medical Examiners. Proper medical authorization means a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the name of the substance, quantity/amount to be taken, the period of authorization, Resolution 19-10 Page 34 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 and whether the prescribed medication may impair the employee’s job performance. This requirement also applies to refills of prescription drugs. Refusal to submit to alcohol or drug test means that an employee: • Refuses to sign a consent to testing form; • Fails to provide adequate breath or urine for testing without a valid medical explanation after he or she has received notice of the requirement for testing; • Engages in conduct that clearly obstructs the testing process; • Uses adulterants to prevent the detection of drug use in a drug-testing specimen or uses any other substance to tamper with the specimen. Any refusal to submit to testing will be treated the same as a positive controlled substances test result. Substance abuse is exemplified by, but not limited to, the following: • Ingestion, inhalation, or injection of a controlled substance without proper written medical authorization; • Ingestion of an alcoholic beverage during working hours or on Town property unless authorized as part of a Town-sponsored event where the employee’s ingestion is pursuant to his or her job responsibilities and where the employee’s breath alcohol content is below 0.02; • Ingestion of an alcoholic beverage in a Town vehicle, or while operating Town equipment, or while on call or on standby duty; • Ingestion, inhalation, or injection of a controlled substance without proper medical authorization, or ingestion of an alcoholic beverage during non- working hours, which causes an employee to be unable to work in a safe and effective manner during working hours; • Use of prescription or over-the-counter medication in a manner for which it was not intended. Testing facility means a hospital, clinic, or laboratory approved by the Town to be used to collect body fluid or breath samples to be analyzed for specific controlled substances or alcohol. The facility will have all the required personnel, materials, equipment, and supervision to provide for the collection, security, temporary storage, and transportation of the samples to the testing laboratory, or to conduct alcohol testing. Under the influence or Impaired is defined as abnormal behavior during working hours or while on call or on standby duty, which results from indulging in an alcoholic beverage, controlled substance, or drug which may limit an employee’s ability to safely and efficiently perform his or her duties or poses a threat to the safety of the employee or others. Working hours means from the time the employee arrives at the job site until the time the employee leaves, including all lunch or other types of breaks. Resolution 19-10 Page 35 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 5.17.02 Constitutional Rights of Employees The Town of Westlake respects the constitutional rights of its employees. All actions taken by Town officials shall be consistent with the Constitution and laws of the United States and the State of Texas. 5.17.03 Supervisory Training Supervisory personnel will be provided with the training necessary to identify work- related performance problems of employees. 5.17.04 Notification of Supervisor of Authorized Drug Use Each employee shall report the use of medically authorized drugs or other substances that can impair job performance to the employee’s immediate supervisor and provide proper written medical authorization to work from a physician. It is the employee’s responsibility to determine from the physician whether or not the drug would impair employee job performance depending on the nature of the employee’s job. Failure to report the use of such drugs or other substances or failure to provide proper evidence of medical authorization will result in disciplinary action. Any information received from an employee under this provision will be kept confidential except to the extent it may be shared with individuals who are in a need-to-know position. The Town reserves the right to have a physician of its own choice determine if the medication produces hazardous effects at the prescribed dosage and may restrict the employee’s work activity. 5.17.05 Additional Employee Responsibilities Employees scheduled to be on call are expected to be fit for duty upon reporting to work. An employee scheduled to be on call and who is called out is subject to the provisions of this policy. Each Town employee who observes or has knowledge of another employee in an impaired condition to perform his or her job duties or who poses a hazard to the safety and welfare of the employee or others shall promptly report this fact to the immediate supervisor. The employee making the observation must file a written report to the suspected employee’s supervisor within 24 hours of observing or learning of the condition. Any employee concealing the use of or condition of being under the influence of drugs, controlled substances, or alcohol by other employees on the job, or failing to make such a report, will be subject to disciplinary action including suspension or termination. The suspected employee’s supervisor must then determine whether this information, along with the supervisor’s own observations, warrant a reasonable suspicion test. The supervisor will also forward the employee’s written report immediately to the Department Head in a confidential manner. Resolution 19-10 Page 36 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 If, after investigating a report of an employee’s impaired condition, the supervisor finds that the reporting employee has knowingly provided false information regarding the suspected employee, disciplinary action may be taken against the individual who filed the report and knowingly gave such false information. Any employee who makes a reasonable cause observation or who may be a witness at an accident scene shall also maintain complete confidentiality. Breach of confidentiality relating to test results or any other related matters will subject the employee to disciplinary action. All supervisors and Department Heads are responsible for documenting poor performance, for recognizing reasonable suspicion of drug or alcohol use by employees, and for carrying out the provisions of this policy. 5.17.06 Call for Special Duty If an employee is called to special duty at a time when he or she is off duty and not on standby duty, and when he or she has been consuming intoxicants, the employee shall report this usage to the person calling the employee for special duty. The person receiving the notification from the employee shall promptly notify the requesting supervisor. The employee will not be required to report for special duty until such a time that the employee is in compliance with this drug and alcohol policy. Employees who fail to notify the caller of their condition and report to work are subject to the provisions of this policy. 5.17.07 Required Drug and/or Alcohol Testing When a reasonable suspicion exists that an employee is impaired or under the influence of a controlled substance or alcohol, the employee shall be required to undergo a controlled substance and/or alcohol test at the Town’s expense. The exam shall consist of a urine and/or breath and/or blood test, and may include a physical examination by a physician. Reasonable suspicion includes, but is not limited to, the following: • Vehicle accidents in which the employee was involved during working hours; • Abuse of Town property; • Personal injury suffered by the employee, injuries caused to others, or damage to another’s property; • Employee behavior problems such as fighting, declining work performance, being argumentative, uncooperative, or otherwise disruptive; • Receipt of written or oral statements by employees or others concerning use of drugs or alcohol by employees or being under the influence; • Possession of any drug, drug container, or drug paraphernalia, or any open alcoholic beverage container during working hours or while on standby duty, in a Town vehicle, or on Town property; and, Indications of possible impairment or intoxication which include the following: Resolution 19-10 Page 37 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 • Slurred speech • Disorientation • Job impairment (inability to perform the job in a routine manner) • Odor of alcoholic beverages • Odor of other substances • Unsteady gait or balance • Glassy eyes • Drowsiness • Euphoria • Mood swings • Inattentiveness • Excitement or confusion • Irritability • Aggressiveness • Other erratic behavior If an on-the-job accident or an accident involving Town equipment occurs and the supervisor determines that reasonable suspicion exists to warrant testing, the employee will be tested for both drugs and alcohol as soon as possible. The supervisor of an employee who is seriously injured and cannot provide a breath or urine specimen at the time of the accident will accompany the employee to the hospital and request that the hospital perform the tests necessary to determine the presence of controlled substances or alcohol in the employee’s body at the time of the accident. The employee will provide the necessary authorization for the Town to obtain these reports. In a medical emergency, the first consideration will be the health and welfare of the employee. 5.17.08 Testing Methods The methods by which substance abuse or alcohol use will be tested may include, but is not limited to, the following: • urinalysis • breath analysis • blood screening 5.17.09 Procedures for Administering Tests The Town Manager or designee is authorized to develop, administer, and modify testing procedures as required. A copy of the Town of Westlake Drug and Alcohol Policy shall be provided to the testing facility before any tests are conducted. The testing facility shall comply with the procedures outlined in this policy when conducting tests. The testing facility shall contact the Town Manager whenever it believes it is necessary to amend the testing procedures. Resolution 19-10 Page 38 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 A supervisor shall transport the employee to the testing facility where the employee will be required to show positive picture identification. Consequently, employees are required to carry their valid driver’s license with them while at work. 5.17.10 Drug Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the exam/test and the release of medical information regarding the employee’s medical condition and any test results. Failure to sign a consent form will be regarded the same as a positive drug test result. The medical facility staff member shall provide the employee with a container. A portion of the urine place in this container shall be used for a second test in case the employee requests a re-test of an initial positive or adulterated result. The specimen shall be produced in a location that provides privacy. All Fire/EMS commissioned officers shall be drug tested at the time of their annual physicals. 5.17.11 Alcohol Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the exam/test and the release of medical information regarding the employee’s medical condition and any test results. Failure to sign a consent form will be regarded the same as a breath alcohol content equal to or greater than 0.04. The employee’s breath alcohol content shall be analyzed using an Evidential Breath Testing device (EBT) operated by a Breath Alcohol Technician (BAT). The test shall be conducted in a private setting. 5.17.12 Medical Examination If the employee is unable to provide adequate breath or urine to conduct testing, the Town may require the individual to undergo a medical evaluation to develop pertinent information concerning whether the individual’s inability to provide a specimen is genuine or constitutes a refusal to test. The cost of the medical exam shall be paid by the Town and the employee will remain in a leave without pay status while awaiting the results of the medical exam. 5.17.13 Post-Test Procedure The supervisor who makes a determination that reasonable suspicion exists to conduct a drug or alcohol test will prepare a written record of the observations leading to the test within 24 hours of the observation. Resolution 19-10 Page 39 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 At the conclusion of the alcohol test, the supervisor will provide instructions to the employee based on the test results and shall immediately hand-deliver the employer’s copy of the results to the Town Manager or his designee in a confidential manner. The supervisor shall also immediately and confidentially inform his or her Department Head of the test results. When a drug test is conducted, the employee shall remain off-duty in a leave without pay status pending the results of the exam and any other type of investigation the Town may conduct. Exam results will be sent confidentially to the Human Resources Department. Any time a drug test is conducted or when an alcohol test produces a breath alcohol content equal to or greater than 0.02, the supervisor shall ensure that the employee does not drive him or herself home in either them employee’s personal vehicle or in an assigned Town vehicle. 5.17.14 Exam Results Confidentiality The results of any drug or alcohol test shall be strictly confidential and shall not be disclosed without the prior written approval of the employee tested unless otherwise required by law. However, nothing in this paragraph will prohibit the lab, the MRO, or testing facility from releasing information relevant to an employee’s test results to the designated Town official(s). Additionally, only those persons in management directly involved in the decision-making process related to the tested employee will obtain any drug or alcohol testing information retained by the Town. There may be some instances where overriding public health or safety concerns may require the release of information otherwise considered confidential. All records of the Town shall be subject to the provisions of the Texas Open Records Act. A copy of the results of the exam shall be supplied to the employee examined, and the original exam results shall be maintained in a locked cabinet in the Human Resources office for a period of at least two (2) years, after which time they may be destroyed. The Human resources Office may, however, maintain the exam results and any reports on individuals who have violated this policy for the purpose of recording the number of violations. Management and supervisory personnel who are authorized to have access to alcohol or drug test results or medical information pertaining to this policy will maintain complete confidentiality regarding this information. 5.17.15 Drug Testing Results The employee shall remain off-duty in a leave without pay status until the results of the controlled substances test are received by the Human Resources Department and until any other investigative procedures are complete. If the results are negative and unadulterated, no disciplinary hearing will be held and the employee will be given back pay as though he worked as previously scheduled for this time. Resolution 19-10 Page 40 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 A Medical Review Officer (MRO) shall review and interpret positive and adulterated results obtained from the lab. The MRO will examine the possible alternate medical explanations for any positive test results or adulterated results and give the individual testing positive or the individual with an adulterated test result an opportunity to discuss the test results prior to making a final decision. The MRO may verify an adulterated or positive test result to the Director of Human Resources without having communicated with the employee if the employee expressly declines to discuss the results of the test or if the employee has not contacted the MRO within five (5) days after a documented confidential contact by the Director of Human Resources instructing the employee to contact the MRO. An employee whose urine sample has tested positive for a controlled substance or has an adulterated test result has the option, within 72 hours of being notified by the MRO, of having the other portion of the sample tested at another DHHS-certified laboratory of the MRO’s choice. The Town will require the employee to pay cash in advance for the cost of shipment and analysis of the urine sample for re-testing. The employee will remain on leave without pay status while awaiting the results of the retest. If the remaining portion produces a negative unadulterated result, or if for any reason the remaining portion is not available, the test is considered negative, no sanctions will be imposed, and no disciplinary hearing will be held. Additionally, the Town will reimburse the employee for the expense of the re-test and back wages will be paid as though the employee worked as previously scheduled for this time period. Results that are positive for an illegal drug or controlled substance or are adulterated will result in termination of the employee. Upon receipt of a positive drug test or an adulterated test result, the Human Resources Office shall confidentially notify the employee’s supervisor and Department Head and shall schedule a disciplinary hearing giving written notice of the date, time, and place of the hearing and a copy of the test results to the employee tested. At the hearing, the employee shall have the opportunity to challenge the test results or the testing procedure. If the employee is found to be in violation of this policy, he or she will be terminated from employment. 5.17.16 Alcohol Testing Results Employees who test below 0.02 breath alcohol concentration will be allowed to return to duty unless the employee’s departmental rules and regulations do not allow an employee’s return to duty with any level of alcohol in his or her system. A department’s rules and regulations will prevail over this policy only where they are more restrictive than this policy. If the employee is placed on leave without pay or terminated from employment as a result of violating departmental policy, the employee will be provided a notice of hearing by the Director of Human Resources and a disciplinary hearing shall be held. Employees who test equal to 0.02 but less than 0.04 breath alcohol concentrations will: • be taken home under the provisions of the Post-Testing Procedure and will not be allowed to return to duty for 24 hours after the conclusion of the initial alcohol test; Resolution 19-10 Page 41 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 • be placed on leave without pay and will not be allowed to perform any work on behalf of the Town for the 24-hour period immediately following the alcohol test; • be given a notice of disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results when they return to work and are no longer under the influence of alcohol; • be allowed to challenge the test results or the testing procedure at the hearing; • be required to submit to unannounced alcohol testing at least six (6) times while on duty during the 12 months immediately following the initial test (the employee’s Department Head or designee will determine when the unannounced tests will be conducted); and, • be terminated if their breath alcohol concentration falls in this range twice in any consecutive 12-month period. Further, an employee will be terminated if his or her breath alcohol concentration falls in this range a total of four (4) times during employment with the Town of Westlake, regardless of any break in service. Employees who test equal to or greater than 0.04 breath alcohol concentration will: • be taken home under the provisions the Post-Testing Procedure; • immediately be placed on leave without pay and will not be allowed to perform any work on behalf of the Town; • be provided with a notice of a disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results; • be allowed to challenge the test results or the testing procedure at the hearing; and, • be terminated from employment with the Town if they are found to be in violation of this policy. 5.17.17 Employee Cooperation All employees are expected to cooperate in the testing process. Refusal to take a drug or alcohol test or refusal to sign the consent form will be treated the same as a positive controlled substances test result or a breath alcohol content equal to or greater than 0.04. Failure to provide adequate breath or urine specimens for testing without a valid medical explanation is also considered a refusal to submit to testing. Any conduct that clearly obstructs the testing process, such as tampering with a specimen or the testing procedure, including the use of adulterants, will result in termination. 5.17.18 Operation of Vehicles and Equipment Under no circumstances shall an employee operate motor vehicle or motorized equipment while under the influence of drugs or alcohol, or under the influence of medication that may affect the employee’s ability to operate such equipment. Additionally, when the supervisor has information from another employee when reasonable suspicion exists (as defined in Section 3.04.07, Required Drug and/or Alcohol Testing), an employee shall not be allowed to operate any motor vehicle or Resolution 19-10 Page 42 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 motorized equipment until the supervisor has investigated the situation and determined if testing for drugs or alcohol is warranted. If the supervisor determines that reasonable suspicion does not exist, the employee will be allowed to return to his or her regular duties. If reasonable suspicion does exist, the employee will be tested in accordance with Section 3.04.09, Procedures for Administering Tests. 5.17.19 Searches and Inspections in the Workplace Employees and their personal property, as well as Town property and equipment, may be searched when there is reasonable suspicion (as defined in Section 3.04.07, Required Drug and/or Alcohol Testing) to believe that an employee is in violation of this policy. The Town may conduct these inspections and searches for drugs, alcohol, or contraband on Town premises or in Town vehicles or equipment wherever located. Searches and inspections may be initiated without prior notification and conducted at times and locations deemed appropriate by the Town. Personal effects include, but are not limited to, personal vehicles, baggage, lockers, desks, toolboxes, and lunch boxes. An employee may have the right to refuse a search; however, an employee’s consent to a search is required as a condition of employment and the employee’s refusal will result in disciplinary action up to and including termination, even for a first refusal. Controlled substances, drugs believed to be illegal, and/or drug paraphernalia found on Town property will be turned over to the appropriate law enforcement agency and full cooperation given to any subsequent investigation. Substances that are suspected to be illegal drugs by a layman’s examination will be turned over to law enforcement authorities. Other forms of contraband such as prohibited or illegal firearms, explosives, and other weapons will be subject to seizure during an inspection or search. An employee who is found to possess contraband on Town property or while on Town business will be subject to discipline, up to and including termination. 5.17.20 Employee Convictions Any employee convicted of a violation of a criminal drug or alcohol statute for conduct occurring while on duty or on Town property must notify the Town of such conviction with 24 hours of conviction. If an employee fails to report such conviction, the employee will be subject to disciplinary action up to and including termination for the first offense. Convictions will result in immediate disciplinary action up to and including termination of employment. Resolution 19-10 Page 43 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 5.17.21 Social Functions Employees attending training and conferences may participate in social functions associated with the conference or event. Employees who consume alcohol at these functions shall not drive. Any substantiated finding of alcohol abuse will result in disciplinary action up to and including termination of employment. 5.17.22 Off-Duty Conduct The Town reserves the right to take disciplinary action, up to and including termination, in the event an employee’s off-duty involvement with controlled substances and/or alcohol is damaging to the Town’s reputation or business and/or is inconsistent with the employee’s job duties or when such off-duty conduct results in impairment of the employee’s performance on the job. It is prohibited to consume alcohol while in a Town work uniform or while on duty. 5.17.23 Reservation of Rights The Town reserves the right, to interpret, change, rescind, or depart from this policy in part or in whole without notice. Nothing contained in this policy shall be construed as creating or constituting a contract with any employee, whether expressed or implied. 5.16 Part-Time Firefighter Program The Town of Westlake helps to maintain minimum staffing requirements by qualified personnel on a part-time basis. The primary purpose of the Program is to provide the community with an auxiliary unit of trained, competent Firefighter/Paramedics. These employees supplement our regular personnel and can be used in the event of an emergency when manpower is critical. A screening process will be conducted on all applicants selected by the Fire Chief to be considered for available positions. Requirements 1. Must be at least 21 years of age; 2. Must be in good physical and mental health with no disabling physical condition; 3. Must possess a valid Texas driver's license; 4. Must not have a history of criminal or improper personal conduct that may affect suitability for public safety work; 5. Must possess a United States high school diploma or G.E.D. equivalent; and 6. Must possess current firefighter and paramedic certifications; 7. United States Citizenship required or legal authorization to work in the United States. Hiring Process 1. Completion of Town of Westlake Employment Application 2. Completion of Personal History Statement Resolution 19-10 Page 44 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 3. Review of Candidate Qualifications 4. Background Investigation 5. Department Interview 6. Certification and Appointment Commitment Part-time Firefighters are required to work a minimum amount of shifts, as outlined in the Department’s Standard Operating Policies. Part-time Firefighters not meeting this requirement will be classified as inactive for an additional calendar quarter. If inactive for more than two consecutive calendar quarters, Part-time Firefighters may be terminated without prior notice. Employee Benefits Part-time Firefighters are offered only specified benefits. These include social security match, medicare match, unemployment insurance, and workers’ compensation insurance, as required by law. Other benefits, including vacation pay, sick leave, retirement benefits, health or disability insurance or related benefits, or any other type of employee benefits, are not included. Compensation Part-time Firefighters will be compensated at a rate that will be reviewed annually during the Town’s budget process. This pay rate may be adjusted at any other time by the Town Manager. Employees will be paid twice monthly by direct deposit in accordance with the Fire Department’s 15-day payroll cycle. Uniforms Part-time Firefighters will be provided with apparel which will identify them as a Town of Westlake employee. In addition, bunker gear will be available for Part-time Firefighters to use during emergency calls. Pants and footwear will not be provided. Nature of Employment Part-time Firefighters are subject to the same policies and departmental procedures as all other employees. Details of these policies and procedures are contained in the Town of Westlake Personnel Manual and the Westlake Fire/EMS Standard Operating Procedures document. All Part-time Firefighters will receive a copy of the Town of Westlake Personnel Manual, either in printed or electronic form. It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. Resolution 19-10 Page 45 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 5.17 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. Section 6: Wage and Salary Administration 6.01 Paydays The Town of Westlake will take all reasonable steps to assure that its employees’ pay and benefits, as well as vacation, sick leave, and holiday time, are accurate. It is imperative that employees participate in this effort by examining their timesheets and signing them. Each employee should examine their paycheck received and bring to the attention of their immediate supervisor any discrepancies. All regular Town employees are paid bi-weekly on every other Friday. Fire Personnel are subject to a 15-day work cycle. Paydays fluctuate and are documented on the Fire Payroll Calendar. In the event a payday falls on a holiday, employees will receive their paychecks on the last banking day preceding the regular scheduled payday. Each paycheck will include earnings for all work performed during the previous payroll period. Each paycheck stub itemizes earnings and deductions and provides year-to-date totals for wages, income tax, TMRS, payroll taxes, and elective deductions. 6.02 Direct Deposit Direct deposit is a service provided to all Town of Westlake employees to deposit net pay directly into a financial institution (checking or savings account) of the employee’s choice. Paychecks are automatically deposited in a personal account on payday. The employee receives a check stub detailing gross pay, taxes, deductions, and direct deposit amount. The check stub will be sent to the employee each payday and the front of the check will read “void”. Any change to the status of paychecks with regard to direct deposit, such as a bank account number, application to participate in the program, or cancellation of the direct deposit program requires a two-week (2) written notice through the Human Resources Department (see Forms Appendix). Resolution 19-10 Page 46 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Enrollment forms are located in Human Resources. Direct deposit will cease at the time of termination. Final check arrangements are made through HR during the “exit interview.” 6.03 Timekeeping Accurately recording time worked is the responsibility of every employee, and records should represent actual time worked on the job performing assigned duties. Federal and state law requires that the Town of Westlake keep accurate records of time worked in order to calculate employee pay and benefits. It is the immediate supervisor’s responsibility to accurately document and/or verify the time his or her subordinates begin and end their work period, each meal period, split shift and departure from work for personal reasons. The appropriate supervisor will review and sign the payroll time sheet before submitting to payroll. Department Heads are required to submit all timesheets for their department to Human Resources no later than 12:00pm on the Tuesday preceding payday. Fire/EMS shall submit timesheets in accordance with the dates specified on the Fire/EMS payroll calendar. Each time sheet will be signed by the employee indicating that the time recorded is correct. Falsification of a timesheet may be punishable by disciplinary action, up to and including termination. 6.04 Pay Corrections The Town of Westlake takes all reasonable steps to ensure that employees are paid the correct amount in each paycheck and that employees are paid promptly on the scheduled payday. If an error should occur in the amount of pay received, it is the employee’s responsibility to bring the error to the attention of their supervisor before the following paycheck is processed by the Human Resources Department. When underpayment is verified, it will be corrected not later than the next regular paycheck. Overpayments will be corrected as soon as practical through a repayment schedule so as not to place an undue burden on the employee. 6.05 Employment Classifications It is the intent of the Town of Westlake to clarify the definitions of employment classifications and categories so that employees understand their employment status and benefit eligibility. Each employee will be assigned either an exempt or non-exempt status for the purpose of complying with federal and state wage and hour laws. Exempt employees are excluded from specific provisions of federal and state wage and hour laws and may be classified in pay plans as executive, technical, or exempt. Resolution 19-10 Page 47 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Non-exempt employees are entitled to overtime pay at a rate of one and one-half (1 ½) times their current hourly compensation as prescribed by federal and state wage and hour laws and may be classified in pay plans as non-exempt or technical. Specific employee categories are as follows: Regular full-time employees are those who are not on temporary or introductory/probationary status, are assigned to work a regular full-time schedule, and are eligible to the Town’s benefit package, subject to the conditions and limitations of each program. Regular part-time employees are regularly scheduled to work less than thirty- two (32) hours per week and are eligible for some Town-sponsored benefits, subject to the conditions and limitations of each program. Introductory employees are those who are new with the Town. Length of the introductory period is six (6) months for all employees except certified police and fire officers whose probation period is twelve (12) months. Probationary employees are those whose performance is being evaluated to determine whether future employment in their current position with the Town is appropriate. Seasonal employees are those who are hired as the need arises. The duration of seasonal employment shall be less than six (6) months and compensation will be based on an hourly rate. No Town-sponsored benefits will be extended to seasonal employees. Contract employees are those who have entered into a legal agreement with the Town to perform a specific duty or duties. The agreement will detail the rate of compensation and duration of contract. 6.06 Compensatory Time Non-exempt employees who work overtime hours may be eligible to receive compensatory time rather than overtime pay. Compensatory time is earned at a rate of 1½ times the number of hours worked if the employee has exceeded the overtime threshold for the respective pay period. The option to use compensatory time off rather than overtime pay is at the discretion of the Department Head. If Compensatory Time is selected by the Department Head, it should be noted clearly on the time sheet. Employees working overtime will receive 1½ hours of compensatory time for every hour worked in their Comp Bank. Unused comp time may be sold back to the Town once annually at any time and is payable in full upon termination, regardless of cause. Resolution 19-10 Page 48 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 6.07 Overtime When operating requirements or emergency situations are such that needs cannot be met during normal working hours, employees may be given the opportunity to volunteer or may be instructed to work overtime. Overtime compensation is paid to all non-exempt employees in accordance with Federal and State Law. Non-exempt employees who are called in to work hours other than what is normally scheduled shall receive compensation of 1½ times the normal hourly rate. Mandatory training programs outside normal work hours, on or offsite, are paid at an overtime rate. Elective or non-mandatory training courses outside normal work hours may be unpaid or paid at a normal hourly rate, at the Town Manager’s discretion. 6.08 Pay Increases and title changes It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities. Salary adjustments may be made in order to remain competitive. In circumstances such as promotion or merit based adjustments separate from market increases, the adjustment date will become the new anniversary date for future pay increases. This policy does not apply to one-time merit payments. Any changes to an employee’s salary or job title must be approved by the Town Manager. 6.09 Pay Increases It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities in accordance with the compensation plan. Salary adjustments will be made in order to remain competitive. Merit increases are awarded at the discretion of the Town Manager. At the Town Manager’s discretion, employees may receive additional pay adjustments above market increases. In the event that additional pay adjustments are authorized, the authorization date will become the new anniversary date for future pay increases. This policy does not apply to one-time merit payments. 6.10 Skill / Standards rating plans The Human Resource Department and/or Department Heads may determine that certain positions progress through an existing pay grade by successful demonstration of skill blocks. Reviews will be conducted on a schedule to be determined by the Department Heads to assess if an employee has successfully demonstrated mastery of the prescribed objectives. Pay increases will be linked directly to the completion of prescribed objectives and overall work performance. If an employee is deficient in one or more skill areas, he or she will not be eligible for an increase until he has demonstrated mastery of that area. If the employee receives an overall rating that does not meet standards, he or she will be placed on a Performance Improvement Plan. Resolution 19-10 Page 49 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 6.11 Market Adjustments The Human Resources Department will conduct a yearly market analysis. If any market adjustment is approved, all pay ranges and steps will be adjusted accordingly on the first day of the fiscal year in accordance with the Town’s compensation policy.. 6.12 Payroll Deductions Standard payroll deductions may include Medicare, FICA, medical, dental and life insurance, deferred compensation, TMRS, IRS Section 125 expenses, and child support. 6.13 Personnel Data Changes It is the responsibility of each employee to notify their department of any changes in personal data within five (5) working days from the date of change. The Town will not be responsible for lost or misdirected communication resulting from outdated personnel information. Information shall include, but not be limited to, change of name, home address, mailing address if different, telephone number, person(s) to be contacted in the event of an emergency, change in marital status and names of dependents. Each employee must complete and sign the W-4 form to meet federal requirements when such changes occur. Section 7: Employee Benefits 7.01 Holidays The Town of Westlake will grant paid time off to regular full-time and full-time probationary/introductory employees for eleven (11) designated holidays or shifts per annum according to the following criteria. Regular full-time and full-time probationary/introductory employees in pay status shall be compensated at their regular hourly rate and for the number of hours they would have worked had it not been a holiday. Regular full-time employees whose regular day off falls on a Town-designated holiday may receive pay for the holiday or, subject to Department Head approval, may elect to take a paid day off at a later time. Employees will receive holiday pay based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for documenting saved holidays and when holidays are taken on the employee’s timesheet before submitting the timesheet to payroll for processing. Regular full-time and regular part-time employees who are scheduled to work on a Town- designated holiday will receive pay for the hours worked on the holiday plus holiday pay for the number of hours they are scheduled to work. Based on department operations and subject to Department Head approval, employees may elect to save their holiday and take a Resolution 19-10 Page 50 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 paid day off at a later time. Employees will receive pay for the saved holiday based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for tracking saved holidays and when holidays are taken. To receive holiday pay, employees must be in pay status on their scheduled workday preceding and following the designated holiday. If a designated holiday falls during an eligible employee’s paid absence (i.e., vacation, sick leave), holiday pay shall take precedence and the leave period shall not be extended because of the holiday. Fire/EMS personnel are permitted to bank unused holiday time. The maximum threshold in an employee’s holiday bank is 576 hours, equivalent to two (2) years of holiday time. Any unused holiday time above this threshold will be forfeited on October 1st when new holiday time is credited to the employee’s bank. In addition to a floating personal holiday, the Town shall observe eleven (11) official holidays per year, which include the following: Thanksgiving Day in November Friday after Thanksgiving in November Christmas Eve, December 24th Christmas Day, December 25th New Year’s Day, January 1st Martin Luther King, Jr. Day in January President’s Day in February Good Friday in March/April Memorial Day in May Independence Day, July 4th Labor Day, 1st Monday of September Personal Leave Day (floating holiday): Regular full-time, regular part-time, and probationary/introductory employees are eligible to use their Personal Leave Day upon commencing employment and must use it before their first anniversary date. Payment shall be made for the Personal Leave Day upon separation, retirement, or death of the employee if not taken during the year, providing that the employee has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. If employment lasts less than six months, no payment will be made for the floating holiday and will be deducted from the employee’s last check if used. 7.02 Insurance Benefits (Dental, Medical, Life) Dental, medical, and life insurance is provided by the Town of Westlake for all regular full-time employees who work at least thirty (30) hours per week. Insurance coverage is effective the first day of the month following the employee’s first day of employment. Dependent coverage is available to all employees. The Town of Westlake will contribute 50% toward the premiums for dependent coverage. Should an employee elect to carry insurance on a dependent, the employee must sign a salary reduction agreement with the Human Resources Office to reimburse the Town for the premiums incurred. Pre-tax deductions are allowable under the guidelines of the IRS section 125. Resolution 19-10 Page 51 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 The Town provides all regular full-time employees with comprehensive life insurance, plus accidental death and long-term disability coverage, at no charge to the employee. The policy’s value is at the rate of one (1) year’s annual salary of the employee. Life insurance is effective 90 days following the employee’s date of hire and is discontinued upon termination of employment. In the event of an employee’s death, an additional life insurance benefit is paid through the Texas Municipal Retirement System, equivalent to the total compensation received by the employee in the last twelve months. 7.03 Other Insurance Coverage 7.03.01 Workers’ Compensation All active employees are also afforded coverage under Workers’ Compensation. This compensation will pay, on behalf of the employee, medical expenses incurred as a result of an accident or injury while on the job and in the pursuit of that employee’s duties. In addition, this coverage also affords the employees of the Town of Westlake weekly indemnity loss of wages or benefits as a result of the aforementioned accident or injury as prescribed by State law. All injuries will be immediately reported to the supervisor and statutory Workers’ Compensation procedures will be followed. 7.03.02 Public Officials Liability The Town of Westlake provides Public Officials Liability protection for all full-time active employees during administration of said employee’s duties. This coverage applies to any and all commissions, boards, authority, and administrative departments operating on behalf of the Town of Westlake, which include, but are not limited to, all duly elected and appointed officials and members of the governing body of the Town of Westlake. 7.03.03 Automobile Liability The Town of Westlake provides automobile liability coverage for all of its owned vehicles. In addition, Town employees are named as additional insured persons on this policy to afford liability protection for them as well as the Town of Westlake while they are acting within the course and scope of their duties. NOTE: ALL BODILY INJURY AND PROPERTY DAMAGE LOSSES WITHIN THE TOWN OF WESTLAKE WILL BE IMMEDIATELY REPORTED TO THE TOWN MANAGER. 7.04 Retirement 7.04.01 Texas Municipal Retirement System (TMRS) All regular full-time and probationary employees automatically become members of the Texas Municipal Retirement System. Resolution 19-10 Page 52 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Eligible employees contribute seven (7) percent of their salaries to the retirement fund through payroll deduction. The Town of Westlake contributes a percentage of funds to provide the employee a 2:1 match. The Town of Westlake has a five (5) year vesting requirement. Participating employees do not have access to retirement funds. Employees have the option upon termination to withdraw their contributions plus interest. A participant never has the option of drawing the Town’s match; it may only be attained through one of the retirement plan options after meeting age and tenure requirements. Employees may be eligible for disability retirement benefits if the employee becomes disabled to the extent that he or she can no longer perform the essential duties of the position and if the disability is likely to be permanent. No minimum length of service or age requirements is necessary to be eligible for Occupational Disability Retirement Benefits. 7.04.02 Social Security All Town of Westlake employees are covered under Social Security. Contributions to the Social Security System are shared jointly by the employee and the Town. 7.05 Payroll Deductions The Town of Westlake offers all benefit programs required by law. Eligible employees may voluntarily authorize deductions from their paychecks to participate in approved programs designed to benefit all employees equally. The law requires that certain deductions be made from the employee’s paycheck, including income taxes, contribution to TMRS, Social Security, and Medicare. Regular full-time, part-time, and probationary/introductory employees may authorize contributions to approved programs. Eligible employees may participate in any or all of the following programs under the Section 125 cafeteria Plan: • dependent health insurance • dependent dental insurance • medical flexible spending accounts • child care flexible spending accounts Participation in the Section 125 Cafeteria Plan must be made during the Open Enrollment Period and cannot be changed unless the employee experiences an IRS-qualified event. More information regarding the Cafeteria Plan is available at the Human Resources Office. Resolution 19-10 Page 53 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 7.06 TMRS Supplemental Death Benefit The Town of Westlake has chosen to offer Supplemental Death Benefits for members and retirees. Survivors of active employees receive an additional benefit approximately equal to the employee's annual salary. If death occurs after retirement, the Supplemental Death program pays a lump sum of $7,500 to the employee’s beneficiary. Upon death, an employee’s beneficiary or estate is guaranteed to receive at least a refund of the remaining member deposits and interest. If the employee is vested at the time of death, their beneficiary may also be eligible for a monthly payment. If death occurs after retirement, the monthly payment a beneficiary receives will be based on the retirement option that the employee has chosen. 7.07 Deferred Compensation (457 Plan) The Town of Westlake makes available to its employees a deferred compensation program administered through the International City Manager’s Association-Retirement Corporation (ICMA-RC). Most employees may participate in this program. Maximum annual contributions are determined on an annual basis by the Treasury Department. Employees considering this benefit should contact the Human Resources Department for additional information. 7.08 Internal Revenue Code, Section 125 (Cafeteria Plan) This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been approved and adopted by the Town Council as an employee benefit. This plan allows employees to pay three (3) separate classes of expenses with pretax dollars: insurance premiums, unreimbursed medical/dental expenses, and authorized child-care expenses. With this Plan, employees may apply part of their salary, before it is taxed, to the cost of the available Benefits that are selected. Employees must make their selection before their effective date of participation. The Plan Year begins on January 1st and ends on December 31st of each year. Employees must enroll during the Open Enrollment period each December. New employees must determine their participation in the Plan within 30 days of the date of hire (see Forms Appendix). For detailed information about the Cafeteria Plan, contact the Human Resources Office. 7.09 Car Allowance and Mileage Reimbursement The Town of Westlake provides car allowances to reimburse employees required to use personal vehicles extensively for Town-related business. For some employees at a manager level and above, a car allowance may be set above the reimbursement level as a part of the employee’s total compensation package. The use of mileage reimbursement is to reimburse employees who are required to use personal vehicles occasionally for Town-related business. The reimbursement rate will remain consistent with the IRS approved rate. In order to receive a mileage reimbursement, Resolution 19-10 Page 54 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 employees are required to document the miles driven and purpose on an expense report. The expense report must be approved by the Department Head and forwarded to accounting for processing. Reimbursement checks will only be issued during the normal bi-monthly check run cycle. 7.10 Taxable Fringe Benefits Any taxable fringe benefit (as defined by the IRS regulations) received by an employee will be reported on the employee’s annual W-2 statement each calendar year. 7.11 Use Westlake Public Facilities Employees are encouraged to utilize the Town’s public facilities for recreation and personal fitness. Usage of the gymnasium is limited to periods of non-usage by Westlake Academy. Any organized team sports should be coordinated though the Director of Facilities and Recreation and will be limited to “open” hours. 7.12 Enrollment in Westlake Academy A student whose parent or legal guardian is employed by the Town of Westlake or the Westlake Academy will be eligible for admission on a space available basis after all students of Westlake residents are admitted. Continued enrollment in the Academy is contingent on employment status. For full disclosure of admission guidelines and procedures, please reference the Westlake Academy Admissions Policy, available in the school office. Section 8: Leave and Absences 8.01 Vacation Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. All employees may carry over two (2) years of accrued, earned vacation on their anniversary date. Vacation banks may have a maximum balance of three (3) years of available vacation. As vacation time is added to the employee’s bank on their anniversary date, any unused vacation above the maximum amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. If an employee terminates employment having used more vacation leave than what has earned, the cost of those Resolution 19-10 Page 55 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. Vacation leave will apply only for time during which the employee would ordinarily have worked. Employees being transferred, promoted, or demoted shall retain their current accrued vacation and accrual rate. Vacation leave shall not be advanced to employees, nor is it transferable between employees. Official holidays occurring during a vacation shall not be charged to vacation leave. All regular eligible employees shall accrue vacation leave at the following rates: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue vacation leave at the following rates: After 6 months 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. On the employee’s first anniversary date, the employee will be given an additional two (2) weeks of vacation to use before their second anniversary date. An employee’s vacation bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee’s first anniversary date, the employee will be given an additional five (5) shifts of vacation. Fire/EMS personnel may bank may hold a maximum of two (2) year’s unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee’s anniversary date. Vacation time added on each employee’s anniversary date is actually earned throughout the year. Any unused vacation above this amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. Resolution 19-10 Page 56 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 If an employee terminates employment having used more vacation leave than what has accrued for the year, the cost of those unearned leave days will be taken from the final paycheck at the employee’s normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee’s regular hourly rate. 8.02 Sick Leave The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular part-time employees for periods of temporary absence due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child. If unable to report to work due to illness, injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, probationary, seasonal, and casual employees must contact their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical to report the reason for their absence. However, probationary, seasonal, and temporary employees will not receive paid sick leave benefits. All time missed from work due to Sick Leave should be documented on an Employee Absence Form (see Forms Appendix). The form should be approved by the Department Head and forwarded to the Payroll Department for processing. Fire/EMS employees may document sick time usage on the employee timesheet. No employee is eligible to receive paid sick leave benefits until after six months of employment, unless approved by the Town Manager. An eligible employee may use sick leave for an injury, illness, serious health condition sustained by the employee or by a family member who resides in the employee’s household, or for a health fitness impairment to include the birth of the employee’s child. Employees may use sick time for the direct care of family members who do not reside in the employee’s household in certain circumstances. At their discretion, supervisors may require written substantiation of the reason(s) when sick leave is requested under this provision. Additional documentation is not required when the requested leave is approved under the provisions of the Family Medical Leave Act (FMLA). All regular full-time and regular part-time employees who are unable to report to work due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee’s child, and who desire to receive paid sick leave benefits must notify their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical. A physician’s statement is normally not required unless an employee is absent for more than three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not Resolution 19-10 Page 57 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 requested by the supervisor. When sick leave abuse is suspected, supervisors may require a physician’s statement for any sick leave absence. The physician’s statement should indicate the following: Date the medical condition began and the probable duration; Estimate of time the employee will be unable to perform work of any kind, or whether it is necessary to take intermittent leave or work a reduced schedule (part- time) and the duration of such schedules; If the employee is needed to care for the family member residing in the employee’s household and the duration of the leave. Sick leave benefits are calculated on the employee’s base pay rate at the time of absence and will not include any special types of compensation. Any employee who requests sick leave pay while performing outside work for compensation shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. Sick leave benefits shall not apply in incidents caused by willful misconduct, purposely self- inflicted, while on leave without pay, absence without leave, or result of other employment. Sick leave benefits for eligible employees shall accrue as follows: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue sick leave at the following rates: After 6 months of service 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Maximum accrual totals shall be as follows: Fire/EMS Personnel on 24-hour shifts 60 shifts All other employees 60 days During the initial probationary/introductory period, exempt employees may be subject to a pay reduction for time not worked because sick leave accruals are not available. Reductions to pay will only be made for full workday absences, not for absences for a portion of the employee’s regular workday. This reduction will not affect the employee’s FLSA exempt status. 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. Resolution 19-10 Page 58 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 8.03 Community Sick Leave Bank The purpose of the Town of Westlake Community Sick Leave Program is to provide additional sick leave days to employees in the event of catastrophic illness, surgery, or temporary disability due to an injury. Days may be requested only after the employee has exhausted all accumulated sick, vacation, and personal leave as well as any comp time banked by non- exempt employees. Should there be a catastrophic illness or injury of the member, or of a person in the member’s immediate family (as defined in the policy), necessitating the need for additional days after all accumulated sick leave, personal, vacation and comp time days (if applicable) have been used, the member may submit a request for days to the Human Resources Department. Pregnancy and maternity leave will be covered by the Bank only in the event that a catastrophic illness or injury occurs due to complications. The Human Resources Department will solicit the donation of sick days from other Town employees. Days which have been donated by will then be made available to the employee. The identities all employees will remain confidential. The Community Sick Leave Policy document shall govern all procedures of the program and will be distributed to all employees upon hire. Copies of this policy are also available in the Human Resources Department. 8.04 Bereavement Leave The Town of Westlake may grant time off to eligible employees due to the death of an immediate family member. All regular full-time, part-time, and probationary/introductory employees may be granted up to three (3) working days off with pay per occurrence and not more than twice in one calendar year. Fire/EMS Personnel are eligible for up to one (1) shift off with pay per occurrence and not more than twice in one calendar year. Bereavement pay is calculated on the base pay rate at the time of the absence and does not include any special types of compensation. Approval of bereavement leave will occur unless there are unusual operating requirements. An employee may request to use vacation leave for additional time off as necessary. Immediate family shall include the employee’s spouse, parents, brothers/sisters, children, grandparents, grandchildren, brothers/sisters-in-law, sons/daughters-in-law, spouse’s parents, stepchildren, and any individual residing in the same household with the employee. 8.05 Military Leave Leave of absence without pay will be granted to any employee who enters any branch of the United States Armed Forces. Benefit accruals for any employee serving on active duty longer than thirty (30) consecutive days will be calculated in accordance with applicable federal laws. Resolution 19-10 Page 59 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Employees will be reinstated with full seniority to their former position or to a comparable position if application for re-employment is made within ninety (90) calendar days of the date of discharge or release from hospitalization following discharge. In accordance with Article 5765, Section 7 (a) VTCS, an employee engaged in authorized military training or duty will receive pay and benefits for up to fifteen days in any one (1) calendar year. A leave of absence for maternity reasons will be recorded and treated as any other medical leave. Pregnant employees will be expected to work as the physician indicates that the employee is capable of performing her job duties safely and satisfactorily. Maternity leave will be facilitated in accordance with the guidelines of FMLA. 8.06 Personal Leave In accordance with the guidelines set forth in this policy, the Town of Westlake may provide unpaid personal leave to regular full-time and regular part-time employees who wish to take time off from work duties to fulfill personal needs or obligations. The need for time off must exceed two (2) consecutive calendar weeks, and vacation accruals, compensatory time and personal holiday(s) pay must be exhausted prior to beginning a personal leave. If the need for personal leave is the result of the illness of an immediate family member as defined in the Sick Leave policy, a dependent, or due to the health fitness impairment of the employee, the above-mentioned accruals must be exhausted in addition to sick leave hours prior to beginning a personal leave. Employee must submit a written request, which contains the start date and length, not to exceed one hundred eighty (180) calendar days, to the Town Manager. Requests for personal leave will be evaluated on a number of factors, which include operational requirements and staffing considerations during the proposed period of absence. An extension not to exceed one-hundred eighty (180) calendar days may be authorized by the Town Manager. 8.07 Witness/Jury Duty Employees of the Town of Westlake will normally be granted paid time off for travel and jury duty or court testimony on behalf of the Town of Westlake. Employees will be paid their base rate while on court duty. Employees may use vacation or compensatory time to receive compensation for any portion of the absence that would otherwise be unpaid, such as personal business or interest. If the employee is serving as a witness for a job-related event, he or she will receive paid time off for the entire period of witness duty. The subpoena will be shown to the employee’s supervisor immediately after it is received so that operating and schedule adjustments can be made to accommodate the absence. Employees will report back to work whenever the court schedule permits. Resolution 19-10 Page 60 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 8.08 Paid leave for non-exempt employees Paid leave time for non-exempt (hourly) employees is designed as compensation for normally scheduled work hours missed. At no time will paid leave time (sick, vacation, bereavement, etc.) result in an employee being paid more than 40 hours per week. Example: If Jill works 36 hours from Monday through Thursday, and wishes to take a vacation day on Friday, she will still receive pay for 40 hours. 36 regular hours 4 vacation hours (deducted from vacation bank) 40 hours total By virtue of working some overtime during the first four days, Jill uses only 4 hours of vacation time on Friday instead of eight. The other 4 hours remain in her vacation back to use at a later time. Example: If Ralph works 30 hours from Monday through Wednesday, and needs bereavement pay for Thursday and Friday, he will still receive pay for 40 hours. 30 regular hours 10 bereavement hours 40 hours total As in the previous example, Ralph’s paid leave replaces hours he would have normally worked. Section 9: Corrective Action, Appeals, and Grievances 9.01 Disciplinary Actions The following are examples of the various types of disciplinary actions that can be taken. The list is non-inclusive and is not mandatory. Verbal Counseling Best suited for a minor rule infraction or incident of substandard performance. Supervisor should explain exactly what the employee did wrong and why it is important that the behavior not be repeated. Written record of Verbal Counseling - Best suited for a minor rule infractions or incidents previously addressed by verbal counseling, or for matters that do just fully justify a written reprimand. Included in the written record of verbal counseling should be a statement of what violation(s) occurred, what changes in behavior are expected, and the potential disciplinary actions that may result for future infractions or substandard performance. Both the employee and the supervisor should sign the form. The original will be given to the employee, and a copy will be sent to Human Resources and placed in the employee’s personnel file. Resolution 19-10 Page 61 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Written Reprimand - The written reprimand is used as a formal warning of suspension or termination should the violation reoccur (see Forms Appendix). Included in the written reprimand should be a statement of what violation(s) occurred, what changes in behavior are expected, and the potential disciplinary actions that may result for future infractions or substandard performance. Both the employee and the supervisor should sign the form. The original will be given to the employee, and a copy will be sent to Human Resources and placed in the employee’s personnel file. Denial of a Merit Increase - A Department Head may authorize denial of any scheduled merit increase as a disciplinary measure, providing the incident requires such extreme measures. The employee should be given written counseling or a performance evaluation explaining the reasons for the denial and outlining procedures for correction of the problem. The form should also include a date upon which the employee will be re-evaluated to determine if the employee will be retained as a Town employee. The time frame should not be less than thirty (30) days and not more than ninety (90) days. The Town Manager should be notified of this action. Suspension Without Pay - To ensure consistency throughout the Town in regard to Town policies, suspension recommendations shall be submitted to the Town Manager. An employee may be suspended without pay during the tenure of disciplinary action. Employees should be given a written notice of the reasons for the suspension, the seriousness of the offense, and informed that the alternatives upon return to work are either immediate improvement or termination. All suspensions shall be documented and signed by all parties involved: the employee, supervisor, and Department Head. Disciplinary Probation - The purpose of this step is to allow the employee a stated period of time to demonstrate improvement on a specific problem(s) specified at the time the employee is placed on disciplinary probation. A statement of the problem, indication of necessary improvement, length of the probation period, and information concerning further disciplinary action that could result from failure to show improvement must be particularly emphasized. Disciplinary probation is not appropriate for newly hired employees still in the probationary/introductory period. Disciplinary probation shall not exceed one-hundred and eighty (180) calendar days in duration. No merit increases, transfers, or promotions will be authorized during a disciplinary probation period, and raises, transfers, or promotions will not be paid retroactive once the probationary period has ended. Once the probationary period has ended the employee will not be eligible for a merit increase until the next annual performance evaluation and an acceptable evaluation. Suspension During Civil or Criminal Proceedings - During an investigation, hearing, or trial of an employee on any civil cause or criminal charge, the employee may be suspended either with or without pay for the duration of the proceedings whenever the suspension would be in the best interest of the Town. The suspension shall terminate either by resignation or dismissal of the employee, or by reinstatement with full recovery of all pay and other benefits lost during the period of suspension, or by other appropriate action. Demotion - A Department Head may demote an employee for disregarding or a violation of personnel rules or policies, or for repeated refusal or inability to improve performance. Demotions may be either permanent or for a predetermined specific period of time and may be used in conjunction with a disciplinary probation. Disciplinary demotions will be Resolution 19-10 Page 62 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 accompanied by a reduction in salary, if appropriate. Employees shall be given written notice of the reason(s) for, and duration of, the demotion; and in the case of a temporary demotion, the action required for the employee to be reinstated in his/her former position. Documentation will be signed and retained by both parties. Any demotion must be processed through Human Resources for final approval by the Town Manager. Dismissal - Prior to termination, the Department Head initiating the termination should give an employee, who has completed his/her probation period, written notice of the reason(s) for termination. The written notice should state the reason(s) for the termination in sufficient detail. 9.02 Acts Constituting Disciplinary Action Disciplinary action may be taken against an employee for act(s) constituting unsatisfactory behavior or conduct relative to inadequate job performance and fitness for public employment. These acts include, but are not limited to the following: • Insubordination • Absence without leave, job abandonment, including failure to notify a supervisor of sick leave • Repeated tardiness or early departure • Endangering the safety of other persons through negligent or willful acts • Intoxication or drug abuse while on duty • Unauthorized use of public funds or property • Conviction of a felony • Falsification of documents or records • Unauthorized use of official information or unauthorized disclosure of confidential information • Conviction of official misconduct • Unauthorized or abusive use of official authority • Incompetence or neglect of duty • Engaging in outside employment that interferes with the performance of duties for the Town • Any other action that impairs the performance of others • Possession of an illegal or prohibited weapon on Town premises • Threatening/fighting with fellow employees • Fraudulent timekeeping • Gross safety rules/practices violations • Positive drug test • Theft • Unauthorized use of telephones, mail system, or other Town-owned equipment • Use of tobacco products • Sexual or other unlawful harassment • Violation of any of the provisions of this Handbook 9.03 Employee Complaint and Grievance Policy In the interest of employee efficiency and morale, Town employees shall have the opportunity to discuss complaints and grievances with their employer after decisions are made which give rise to complaint or grievance. In order to ensure this opportunity, the following shall apply: Resolution 19-10 Page 63 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 PURPOSE - The purpose of this procedure shall be to settle matters on as low an administrative level as possible, as soon as possible after the applicable event, and to discover, whenever possible, mutually satisfactory solutions to problems which arise. COMPLAINT AND GRIEVANCE DEFINED - A "complaint" is an allegation that an employee's nonspecific employment conditions have been adversely affected. A "grievance" is an allegation that rights or benefits specifically provided by law, policy, personnel rule, or previous employer action (such as overtime pay, fringe benefit, or pay rate) has been denied or misapplied. PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and temporary employees may use this procedure, except in cases involving their performance evaluation or discharge. However, in cases where the employee considers performance evaluation or discharge to be improperly based upon the employee's age, sex, race, religion, national origin, or handicap condition, the employee shall have the right to such relief pursuant to (D) below. UNLAWFUL DISCRIMINATION COMPLAINT - Any employee who feels that he or she has been unlawfully discriminated against in matters relating to working conditions or other conditions of employment, solely because of the employee's age, sex, race, religion, national origin, or handicap condition shall have the right to file an equal employment opportunity (EEO) complaint directly with the Town Manager, as set out under the Town’s EEO Discrimination Complaint Procedure. Procedure The following procedure shall be followed in the event an employee desires to present a complaint or grievance. A. TIMELY INITIATION OF - Complaints and grievances shall be filed promptly after complained of events occur. With the exception of EEO complaints, including complaints of sexual harassment, matters under this procedure must be presented to the employee's immediate supervisor within five (5) working days from the occurrence of the challenged action, or from the time the employee first became aware (or with the exercise of reasonable diligence should have become aware) of its occurrence, in order to be considered. B. PROCEDURAL STEPS - To be considered, the procedural steps listed below must be followed after the challenged action had occurred. 1. First Step: Oral Presentation. All complaints and grievances other than EEO complaints shall be initially presented orally to the employee's immediate supervisor. (EEO complaints are to be taken directly to the Town Manager.) In this first step, the complaint or grievance shall be thoroughly discussed by the parties in order that every effort can be made to resolve the matter to the mutual satisfaction of employee and supervisor. Should this informal first step be considered unsatisfactory, the employee shall have the right to then file a formal written complaint or grievance as set out in the second step to this procedure, in B 2 below. 2. Second Step: Written Presentation. If the oral presentation as provided for in the first step fails to resolve the matter, the employee shall have the right, within five (5) Resolution 19-10 Page 64 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 working days after the discussion with the immediate supervisor, to file a formal written complaint or grievance with the employee's department head. In presenting the written complaint or grievance the following information must be stated within reasonable clearness: the nature of the matter the act or acts of commission or omission out of which the dispute arose the exact date (if uncertain, the approximate date) of the act or acts of commission or omission the identity of the employee who claims to be harmed the identity of the party or parties alleged to have caused the problem the remedy which is sought. Within five (5) working days of receipt of the written complaint or grievance, the department head shall meet with the employee and the employee's immediate supervisor to discuss the matter. In the effort to resolve the matter, the complaint or grievance at this step shall be thoroughly discussed by all parties involved. The decision by the department head, whether reached during this discussion or afterward, shall be presented in writing to the employee within five (5) working days after the meeting. (i) Complaints Only: Complaints shall not be submitted to any further appeal under this procedure beyond this step. However, the written record of each complaint submitted under this procedure shall be submitted to the Town Manager for review. The Town Manager reserves the right to consider any complaint submitted. (ii) (ii) Grievance Matters Only. Should the decision of the department head be unsatisfactory to the aggrieved employee, the employee may, within five (5) working days after receipt of the decision, appeal the decision to the Town Manager as set out below. 3. Appeal to the Town Manager. Within ten (10) working days of the receipt of a request for a hearing under B 2 (ii) above, the Town Manager shall notify the aggrieved employee and the employee's department head as to whether or not the request shall be granted. Should the Town Manager decide not to hear the grievance on appeal, the decision of the department head shall be final. Should the Town Manager agree to hear the grievance on appeal, the Town Manager shall schedule a meeting with all parties to discuss the grievance. The decision of the Town Manager, whether reached during the meeting or afterward, shall be presented in writing to each of the involved parties within ten (10) working days of the meeting. At the sole discretion of the Town Manager, this time period may be extended, and notice of the extension is given to all parties. The decision of the Town Manager shall be final. C. COMPLAINT OR GRIEVANCE AGAINST DEPARTMENT HEAD - In the event that an employee's immediate supervisor is the employee's department head, the written complaint or grievance as set out in B 2 above may be presented directly to the Town Manager. Resolution 19-10 Page 65 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 D. FAILURE TO FOLLOW PROCEDURES - Failure of an employee to follow the procedures set out above, or failure to appear at a hearing, shall result in the loss of further appeal rights by the employee. Provided, however, that the time limits as specified under these procedures may be extended by mutual agreement of the complainant/aggrieved employee and the Town Manager. Section 10: Performance Evaluations 10.01 Performance Evaluations Performance evaluations permit the supervisor and the employee to discuss the job responsibilities, standards, performance requirements, and any existing or anticipated problems. Using a standardized performance evaluation instrument, all employees will be evaluated not less than once per year. Supervisors should conduct reviews on or around the employee’s anniversary date. Employees may be evaluated more frequently at the discretion of the Department Head. 10.02 Purpose It is the intent of the Town of Westlake to conduct formal evaluations of each employee's job performance. Performance evaluation assists with the measurement of past performance over a specified time period. The objectives of the system include the recognition of employee accomplishments and good work, the strengthening of supervisor/employee relationships, the provision of information to employees as to their supervisor's expectations and judgment of work performance, the assessment of training needs, and the guidance of personnel actions with regard to pay increases, promotions, demotions, transfers, disciplinary actions, and layoffs. This policy applies to full-time regular employees only. 10.03 Pending Investigations If any employee is under investigation for alleged policy violations when he or she is due a performance review, the review and any subsequent increase may be delayed until the investigation is resolved. 10.04 Skill/Standards rating plans The Human Resource Department and/or Department Heads may determine that certain positions progress through an existing pay grade by successful demonstration of skill blocks. Reviews will be conducted on a schedule to be determined by the Department Heads to assess if an employee has successfully demonstrated mastery of the prescribed objectives. Resolution 19-10 Page 66 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Pay increases will be linked directly to the completion of prescribed objectives and overall work performance. If an employee is deficient in one or more skill areas, he or she will not be eligible for an increase until he has demonstrated mastery of that area. If the employee receives an overall rating that does not meet standards, he or she will be placed on a Performance Improvement Plan. 10.05 Performance Evaluation Appeal Guidelines If you believe you have received an unfair or incorrect performance evaluation, you should first discuss the evaluation with your supervisor during the initial evaluation interview. You may make written comments on the evaluation form as to the reason the evaluation is unfair or incorrect. Your written comments shall become part of your personnel file. Remember that signing your evaluation does not indicate your agreement with the review, only that you have received it. If you remain dissatisfied with your evaluation and wish to initiate a formal complaint, you may do so in writing to the Town Manager. However, performance evaluations may not be appealed under the Town’s Grievance Policy. All responses or remedies offered for written complaints will be at the sole discretion of the Town Manager. Section 11: Termination of Employment 11.01 Employment Termination Terminations occur within any organization and for a variety of reasons. The most common conditions under which employment is terminated are: resignation – termination initiated by the employee who chooses to leave the organization voluntarily; the employee should submit, sign, and date a letter of resignation providing two week notice of last date of employment; discharge – termination initiated by the employer; a disciplinary hearing must be scheduled for any regular full-time or benefited part-time employee prior to such action; layoff – termination initiated by the employer for non-disciplinary reasons; no hearing is required; medical – termination initiated by either party when medical reasons prevent the employee from completing the assigned tasks; retirement – termination initiated by the employee who has fulfilled the age and years of service requirements. The immediate supervisor will complete the Personnel Status Change Form and submit to the Human Resources Department. Resolution 19-10 Page 67 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Town Manager or his designee will schedule and conduct an exit interview with the separating employee on the employee’s last workday or other date as mutually agreed upon. Town Manager shall inform the Human Resources Department that final paycheck may be released to terminating employee after all property such as uniforms, keys, identification cards, purchasing cards, etc. have been returned to the Town. Employee benefits will be affected by termination. All vacation within the maximum allowable and pro-rata longevity is paid on the last paycheck. Continuation of health care coverage is afforded the terminating employee and any spouse or dependents at that individual’s expense via COBRA. 11.02 Health Care Coverage Continuation Town of Westlake employees who are covered by the Town-sponsored health plan have the right to choose the continuation coverage if group health coverage is lost for reasons such as termination, retirement, or reduction in work hours. The spouse of a covered employee has the right to choose continuation coverage if the employee loses group health coverage for any of the following: • death of the employee; • employee’s termination for reasons other than gross misconduct; • divorce or legal separation from employee; or, • employee becomes entitled to Medicare and coverage under the plan terminates. The dependent child of a covered employee has the right to choose continuation coverage under the plan if it is lost due to any of the following reasons: • death of a parent; • employee’s termination for reasons other than gross misconduct; • parents’ divorce or legal separation; • parent becomes entitled to Medicare and coverage under the plan terminates; or, • dependent ceases to be “dependent child” as defined under the plan. The employee or family member has the responsibility to inform the Town of Westlake within sixty (60) days of a divorce, legal separation, or if a child loses dependent status. The Town has the responsibility to notify the health insurance company within thirty (30) days of the employee’s death, termination, retirement, reduction in hours, or entitlement to Medicare. When the Town is notified of an event that will result in a status change, it will notify the affected person within fourteen (14) days of the right to choose continuation coverage. The person has sixty (60) days from the date of the event to inform the Town that they want continuation coverage. If the person chooses continuation coverage, the Town is required to Resolution 19-10 Page 68 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 provide identical coverage to similarly situated employees or family members at the covered individual’s expense. If an employee is terminated or loses coverage due to a reduction in hours, eligible persons will be afforded the opportunity for continued coverage for eighteen (18) months. In all other cases, dependents will be afforded coverage for thirty-six (36) months. An individual’s continuation coverage may be cut short for any of the following reasons: • the Town no longer provides group health coverage; • the premium for continuation coverage is not paid on time; • the covered person becomes insured under another group health plan; or, the covered person is entitled to Medicare. The individual requesting continuation coverage does not have to show proof of insurability. The continuation of coverage for health care is not the same as nor does it include conditions for conversion of life, Accidental Death & Dismemberment, or weekly accident and illness insurance benefits. Insurance coverage and benefit accrual will be suspended during the leave period. Employee will be eligible for continued medical coverage under the COBRA federal regulations. When possible, employees will be returned to their former position. If their position is not available, they will be considered for available comparable positions for which they quality within their department. If no positions are available in their department, they will then be considered for available comparable positions for which they qualify in other departments. Employees returning to work after an absence of more than ten (10) consecutive work days/shifts due to their health fitness impairment shall undergo a drug screen and a physical assessment, if applicable, to ensure that the employee has fully recovered or that reasonable working restrictions are set out to prevent injury. Employees failing to make necessary arrangements to return to work on an agreed upon date prior to the expiration of their leave will be deemed to have resigned. 11.03 Exit Interviews Exit interviews shall be conducted with all terminating employees regardless of the reason for leaving Town employment, length of service, position, or circumstances of separation. The supervisor shall contact Human Resources as soon as an employee turns in a resignation or prior to terminating the employee to establish an exit interview in the Human Resources Department. An exit interview consists of providing information regarding termination of benefits, medical continuation options and costs, retirement for TMRS and optional retirement plans, and an interview regarding employment with the Town of Westlake and in the department(s) the employee worked. The interview information shall be shared with the Department Head, the supervisor, and the Town Manager as deemed necessary. Resolution 19-10 Page 69 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 11.04 Reduction in Work Force The Town of Westlake may be forced to lay off employees due to changes in duties of the organization, lack of work, or lack of funds. When possible, an affected employee will be transferred to a suitable position elsewhere within the organization. In the event a regular full- time employee’s job is eliminated through no fault of his or her own, he or she will receive the equivalent of one week’s pay for each completed year of service with the Town of Westlake. The Town is required to deduct such items as TMRS, Medicare and Federal Income Tax from this severance paycheck. Eligible employees will be afforded the opportunity for continued insurance coverage at their own expense under COBRA. 11.05 Reinstatement In an effort to encourage long-range development and training of it employees, the Town of Westlake provides for reinstatement to vacancies which occur within six (6) months from the date when an employee was laid off due to reduction in work force. The person who separated may be reinstated to the same or similar position provided that the person meets the qualifications. Any employee who is reinstated and has satisfactorily completed his or her six (6) month probationary/introductory period shall be eligible for restoration of accrued sick leave and reconnection of original employment date for the calculation of vacation rates. A person who was a former employee and is rehired under other than one of these provisions or those provided by law shall be classified as a new employee and treated accordingly. Resolution 19-10 Page 70 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 GLOSSARY OF TERMS The words and terms used in these policies shall have the meaning indicated as follows unless the context clearly indicates otherwise. Absence or Absent – Not present during scheduled working hours (including scheduled overtime). Address – The street and number of a residence and the post office box mailing address, if applicable. Anniversary Date – The month and day at which one (1) year or additional year of employment with the Town is attained by an employee. Applicant – A person who has applied for employment with the Town or an employee who has applied for a different position within the Town. Bank – To “bank” a holiday is to save it for later use. Business Day - Due to a variation in work schedules, business day is defined as Monday through Friday, 8:00 a.m. to 5:00 p.m.; official Town holidays do not count towards the number of days allowed. Children – Includes whole, half, step, foster, and adopted relationships. Classification – All jobs, regardless of departmental location, that is sufficiently alike in duties and responsibilities to: 1. Be called by the same descriptive title; 2. Be accorded the same pay scale under like conditions; and 3. Require substantially the same education, experience and skills. Compensatory Time – Time off in lieu of monetary overtime compensation. Date of Hire – The first day an employee begins any employment with the Town in a temporary, part-time, or full-time capacity. Demotion – An assignment of an employee from a position in one classification to a position in another classification having a lower salary and/or less job responsibilities. Department – A major functional unit of Town government established as an administrative department by the Town, i.e. Public Safety, Finance, Public Works, etc. Department Head – A person appointed by the Town Manager who is responsible for the administration of a department of the Town and/or his or her designated representative. Equal Employment Opportunity (EEO) – Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or in any other aspect of personnel administration is prohibited because of race, color, sex, national origin, religious opinions or affiliations, age, and/or disability. Employee – Any person employed and paid a salary or wages by the Town, including a person employed on a temporary or part-time basis, not including an independent contractor or member of the Town Council or other Town Board. Resolution 19-10 Page 71 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Ethics – The discipline dealing with what is good and bad, right or wrong, or with moral duty and obligation. Exempt Employee – Any employee who occupies an executive, administrative, professional, or certain seasonal positions, as defined by the Fair Labor Standards Act (FLSA) and state law who is exempt from overtime pay requirements. Fair Labor Standards Act (FLSA – A federal law, enacted by the United States Congress, which sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards for employees who are covered by the Act and are not exempt from specific provisions. Hours Worked – In general, all time that an employee is required to be on duty and all time during which the employee is working “on-the-job” for the Town. Human Resources Director – For the purpose of this policy shall mean Director of Human Resources or his or her designated representative. Immediate Family – Spouse, son, daughter, father, mother, father-in-law, mother-in-law, brother, sister, grandfather, grandmother, grandchildren, or any other relative of an employee who may be residing in the same household with the employee. Independent Contractor – A private employer or an individual who has contracted to perform a service for the Town. Job - A collection of tasks, duties and responsibilities regularly assigned to and performed by an individual, or individuals when the magnitude of the job is such that one person cannot perform it. The term “position” is synonymous with “job” when one person can perform it. Layoff – A separation of service from the Town because of a shortage of funds or materials, abolition of a position, or other reasons necessary for the proper administration of the affairs of the Town as determined by the Town Manager, and not reflecting discredit upon the employee. Nepotism – Family relationships to the second degree by affinity (marriage) and third degree by consanguinity (blood). Nonexempt – Any employees who do not occupy an executive, administrative or professional position, as defined by FLSA and are eligible for overtime at time and one-half for work over forty hours in one week. Occupational Safety & Health Administration U.S. Department of Labor (OSHA) Old Age Survivor Disability Insurance (OASDI) – Another term for FICA Overtime – Any authorized time worked by a nonexempt employee who exceeds forty hours in one (1) week. The rate of pay is time and one-half for hours over 40 hours in one week. Part-time Employee – A part-time employee works less than 32 hours in one (1) week. Probation – A period of time an employee is required to work in a position before the employee acquires regular employee status and becomes eligible for benefits. Promotion – An assignment of an employee from a position in one classification to a position in another classification having a higher salary and/or increased job responsibilities. Resolution 19-10 Page 72 of 72 Town of Westlake Personnel Manual – Revised February 25, 2019 Regular Employee – Any employee working full-time who has satisfactorily completed his or her probationary/introductory period and is not appointed as a temporary employee. Supervisor – Any person responsible for directing the work of others. Suspension – An involuntary discontinuance of performance and pay for a specified period of time. Temporary Employee – Any employee appointed or hired for any of the following: 1. An assignment or job scheduled to last less than seven (7) months; 2. A cooperative work-study program with an educational institution; 3. A seasonal position, in an assignment that does not last for more than seven (7) months; 4. A position that, by Town policy and practice, is intended as a trainee position as provided under the FLSA. Termination – Cessation of employment with the Town. Town – Town of Westlake, Texas. Town Manager – The designated chief executive officer responsible to the Town Council for the administration of all the affairs of the Town, including the appointment, and when necessary for the welfare of the Town, or removal of any employee of the Town. Transfer – A change from one position to another that does not result in a promotion or a demotion. Volunteer – A person who voluntarily performs services for the Town without compensation. Work Day – Any day in which a department is open for business or on which an employee is scheduled to work. Work Day Shift – Shift or shift hours to be established by the Department Head. Work Time – All time on the premises other than before and after work hours, at meal periods, or at break times. Workplace – Any portion of a building, vehicle, or other place where an employee performs a task on behalf of the Town of Westlake. Resolution 19-10 Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Consider approval of Ordinance Canceling the May 4, 2019, General Election and declaring each unopposed candidate elected to office. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Citizen, Student & Stakeholder Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Increase CSS Satisfaction Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 7, 2019 Completion Date: May 4, 2019 Funding Amount: $11,000 Status - Not Funded Source - General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town Council ordered the May 4, 2019, General Election on January 7, 2019, to elect three (3) Council Members for two (2) year terms. As of the filing deadline on February 15, 2019, there were no opposed candidates or propositions to appear on the ballot. Pursuant to the Texas Election Code the Town may cancel the May General Election. The first step in the process to cancel is acceptance of the certification of unopposed candidates from the authority responsible for preparing the ballot. Page 2 of 2 RECOMMENDATION Accept the Certification of Unopposed Candidates and approve the ordinance canceling the May election. ATTACHMENTS Certificate of Unopposed Candidates Ordinance with attachments Ordinance 880 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 880 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS CANCELING THE MAY 4, 2019, GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, is a General Law municipality located in Tarrant and Denton Counties, created in accordance with the provisions of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, in accordance with law a general election has been ordered for May 4, 2019, for the purpose of electing three (3) Council Members to serve two (2) year terms on the Town Council in the Town of Westlake; and WHEREAS, no proposition is to appear on the ballot; and WHEREAS, the Town Secretary has certified in writing that each candidate on the ballot is unopposed for election to office; and WHEREAS, the filing deadlines for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, in these circumstances Chapter 2, Subchapter C of the Texas Election Code authorizes a governing body to declare each unopposed candidate elected to office and cancel the election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: The following candidates, who are unopposed in the May 5, 2018, general election, are hereby declared elected to office, and shall be issued a certificate of election: Carol Langdon Council Member Greg Goble Council Member Rick Rennhack Council Member SECTION 2: The Town secretary is directed to post a copy of the Order of Cancellation attached as Exhibit “A”, at each designated polling place on May 4, 2019. Ordinance 880 Page 2 of 2 SECTION 3: This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4: It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Town Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5: This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 25th DAY OF FEBRUARY 2019. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 880 Page 1 of 2 ORDER OF CANCELLATION ORDEN DE CANCELACIÓN The ______________________________ hereby cancels the election scheduled to be held on (official name of governing body) ____________________________________ in accordance with Section 2.053(a) of the Texas (date on which election was scheduled to be held) Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: El _____________________________ por la presente cancela la elección que, de lo contrario, (nombre oficial de la entidad gobernante) se hubiera celebrado el _______________________________ de conformidad, con la Sección 2.053(a) (fecha en que se hubiera celebrado la elección) del Código de Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos únicos y por la presente quedan elegidos como se haya indicado a continuación: Office Sought (Cargo al que presenta candidatura) Candidate (Candidato) Council Member Carol Langdon Council Member Greg Goble Council Member Rick Rennhack A copy of this order will be posted on Election Day at each polling place that would have been used in the election. El Día de las Elecciones se exhibirá una copia de esta orden en todas las mesas electorales que se hubieran utilizado en la elección. ________________________ President (Presidente) _____________________________ Secretary (Secretario) ________________________________ Date of adoption (Fecha de adopción) (seal) (sello) Town of Westlake Town of Westlake May 4, 2019 May 4, 2019, Ordinance 880 Page 2 of 2 LỆNH HỦY BỎ Thị xã Westlake hướng hủy bỏ các cuộc bầu cử dự kiến sẽ được tổ chức vào ngày 4 tháng 5 năm 2019, phù hợp với phần 2.053(a) của luật bầu cử Texas. Các ứng viên đã chứng nhận là unopposed và hướng được bầu làm như sau: Văn phòng tìm kiếm ứng viên Hội đồng thành viên Carol Langdon Hội đồng thành viên Greg Goble Hội đồng thành viên Carol Langdon Một bản sao của lệnh này sẽ được đăng vào ngày bầu cử tại mỗi địa điểm phòng phiếu nào đã được sử dụng trong cuộc bầu cử. _______________________________ Tổng thống _____________________________ Thư ký ________________________________ Ngày nhận con nuôi Page 1 of 2 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Consider an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes, prohibiting smoking and vaping within the Town of Westlake except in private clubs. STAFF CONTACT: Jarrod Greenwood, Public Works Director Kirk McDaniel, Management Intern Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 21, 2018 Completion Date: February 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In 2015, Town Council passed an Ordinance approving a limited smoking ban in trails, right of ways and a few other specific areas. Page 2 of 2 Based on Council feedback at the November 26, 2018 Town Council meeting, the proposed ordinance prohibits all public smoking while providing an exemption for a private club as defined in the ordinance. Staff has provided a copy of the proposed ordinance to Westlake businesses and met to discuss their concerns. RECOMMENDATION Staff recommends approving the proposed Ordinance. ATTACHMENTS Ordinance Ordinance 877 Page 1 of 5 TOWN OF WESTLAKE ORDINANCE NO. 877 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46, HEALTH AND SANITATION, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES, SECTIONS 46-180 THROUGH 46-183 PROHIBITING SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE, EXCEPT IN PRIVATE CLUBS; 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 of the Town of Westlake finds it necessary for the public health, safety and welfare that they institute a smoke free environment within the community; and WHEREAS, Ordinance no. 755 regarding tobacco products, smoking, and E-cigarettes was approved on October 20, 2015; 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 (Exhibit “A”) to Chapter 46, Health and Sanitation, Article Vi, Tobacco Products, Smoking And E-Cigarettes, Sections 46-180 Through 46-183 should be approved and adopted; and WHEREAS, upon the recommendation of the Town of Westlake Planning & Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendment should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 46 Health and Sanitation, Article VI, Tobacco Products, Smoking and E-Cigarettes, Sections 46-180 through 46-183 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: Ordinance 877 Page 2 of 5 Sec. 46-180 - Definitions. For purposes of this Ordinance, the following words and phrases, shall be have the following meanings: BUSINESS Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making or non-profit purposes, including, but not limited to, banks, hotels, motels, retail establishments, professional corporations and other entities where professional services are delivered. ELECTRONIC SMOKING DEVICE Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, hookah, or vape pen, or under any other product name or descriptor. EMPLOYEE Any person who is employed for the consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services for a profit or non-profit entity. EMPLOYER Any person, partnership, corporation, municipal corporation, non-profit entity or other entity who employs the services of one or more individual persons. ENCLOSED AREA An area closed in by a roof and walls with appropriate openings for ingress and egress. HEALTH CARE FACILITY Any institution that provides medical, surgical and overnight facilities for patients, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor’s offices, dentist’s offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes. PERSON Any individual, partnership, cooperative, association, corporation or venture. PLACE OF EMPLOYMENT Any enclosed area located on the premises of a business under the control of an employer including, but not limited to, work areas, employee lounges, rest rooms, conference rooms, classrooms, employee cafeterias, and hallways. PRIVATE CLUB A building, recreational amenities or portion thereof, that are owned, leased or otherwise occupied by an organization, whether incorporated or not, exclusively for use at all times solely for the recreational, training and development, fraternal, social, patriotic, political, benevolent or athletic purpose of the organization, and at which alcoholic beverages are sold only in a manner ancillary to such operations; provided that this term only applies to an organization. (i) that is connected to a private club with associated recreational, dining, and associated golf course activities; or (ii) that is connected to a comprehensive corporate campus owned and operated by or on behalf of a single user. Ordinance 877 Page 3 of 5 PUBLIC PLACE Any area in which the public is invited or permitted, including, but not limited to, businesses, educational and government facilities, health care facilities, restaurants, public transportation facilities, parks, park facilities, trails, trailheads, right of ways, and reception areas. SMOKING Inhaling, exhaling, burning or carrying any lighted or heated tobacco or plant product, including but not limited to cigars, cigarettes, electronic smoking devices, marijuana, or other combustible substances whose smoke is intended to be internalized. TOBACCO PRODUCT Any product that is used to internalize or consume tobacco or any product that contains any tobacco leaves, including but not limited to cigarettes, cigars, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption. TOWN The Town of Westlake and its boundaries. VAPING The use of an electronic smoking device which creates an aerosol or vapor, in any manner, or in any form. Sec. 46-181 - Prohibition of Smoking and Vaping 1. Smoking and vaping are hereby prohibited in the Town of Westlake, including but not limited to public places and places of employment, except for the following areas: (a) Private clubs, as defined in this Ordinance. 2. It shall be unlawful for any pedestrian to smoke, vape, use electronic cigarettes, or use any tobacco or tobacco related products within any right of way, park, park facility, trail or trailhead within the Town. Sec. 46-182 - Notice of Prohibition of Smoking and/or Vaping 1. Owners, operators and/or managers shall conspicuously post a “No Smoking” sign at the entrance(s) and in at least one (1) location inside the establishment. The sign shall include the international “No Smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it) and the words “No Smoking”. 2. Businesses may seek reprieve from the posting signage requirement in this Ordinance by providing the Town with evidence sufficient to the Town that such signage is not necessary to further the purpose of the Town’s smoke-free Ordinance. The Town may determine in its sole discretion whether such evidence is sufficient to warrant exempting the business from the no smoking signs requirement. Ordinance 877 Page 4 of 5 3. Failure to comply with this provision will be considered a violation of this Ordinance. Sec. 46-183 - Employers 1. Employers shall take reasonable steps to reassign or relocate an employee who makes an advanced request with reasonable notice to work in a smoke-free area. If employer cannot reassign or relocate the employee to a smoke-free area, the employer shall make reasonable accommodations to mitigate the employee’s exposure to the permitted smoking area(s). 2. Employer shall not discriminate or retaliate against any employee who requests to be reassigned or relocated to a smoke-free area. Sec. 46-184 - Enforcement 1. The Town Manager, or designee may promulgate rules and regulations as may be necessary for the purpose of implementing and carrying out the provisions of this Ordinance. 2. Owners, managers, and/or operators shall inform any person smoking and/or vaping to immediately stop smoking and/or vaping and extinguish the tobacco product and/or smoking device. If the person smoking and/or vaping does not comply, the owner, manager, operator, or employer shall, if applicable, refuse service and immediately ask the person to leave the premises. Violator(s) shall be subject to penalties provided for under this ordinance. 3. Owners, managers, operators and/or employers will be considered in violation of this Ordinance if they do not attempt to enforce this Ordinance by informing their customers of the smoking prohibition and request that their customer comply with the Ordinance. Reserve Sec. 46-186 through 46-200 SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 877 Page 5 of 5 SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25TH DAY OF FEBRUARY 2019. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ APPROVED AS TO FORM: Kelly Edwards, Town Secretary ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 WESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Conduct a public hearing and consideration of a resolution approving an approval of a Final Plat for a 4.986-acre portion of land generally located South of Highway 114 and East of Westlake Parkway, also known as Fidelity Investments Addition Phase IV. STAFF CONTACT: Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 11, 2019 Completion Date: February 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item is a final plat for the piece of property located in Planned Development District 2 (PD2) owned by Fidelity Investments. It only includes the approximately 5-acre portion of property located in Denton County. The reason the property is being platted is due to the recently approved Entry Monument sign established by Ordinance 871. In order for the sign to be constructed and obtain a building permit, the property must first be platted. The plat includes a portion of the property dedicated as a sign easement, where the future Page 2 of 2 sign will be located and meets all other zoning regulations established by Planned Development District 2. PLANNING AND ZONING COMMISSION On February 11, 2019, the Planning and Zoning Commission recommended approval of this item by a (5-0) vote. RECOMMENDATION Staff recommends approval of this item. ATTACHMENTS Resolution Fidelity Phase IV Final Plat Resolution 19-11 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A FINAL PLAT FOR LOT 1, BLOCK 1, PHASE FOUR OF FIDELITY INVESTMENTS ADDITION. WHEREAS, the Planning and Zoning Commission held a public on February 11, 2019 and voted unanimously to recommend approval of the plat; 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 of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on February 11, 2019, does hereby approve the plat as found in the attached document as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25TH DAY OF FEBRUARY 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 19-11 Page 2 of 2 EXHIBITS EXHIBIT A Fidelity Phase IV Final Plat STATE HIGHWAY 114(NORTHWEST PARKWAY)(VARIABLE WIDTHRIGHT-OF-WAY)WESTLAKE PARKWAY(VARIABLE WIDTHRIGHT-OF-WAY)C. MEDLIN SURVEYABSTRACT No.A-823-DN 84°07'54" E154.28'S 77°15'18" E119.54'S 46°29'14" E116.36'S 75°55'40" E30.09'S 89°40'34" W1193.48'L=19.48'R=1332.52'Δ=000° 50' 15"CB=N19° 38' 11"ECD=19.48'N 19°13'04" E318.44'L=443.43'R=5749.58'Δ=004° 25' 08"CB=S72° 41' 59"ECD=443.32'S 64°05'32" E238.74'POINT OFBEGINNINGSEE DETAIL 'A'N 70°06'14" E64.29'S 70°29'02" E14.00'N 19 ° 2 6 ' 4 9 " E 14.0 0 'N 70°33'11" W14.00'S 19 ° 2 6 ' 4 9 " W 13.9 8 '20.37'20.31'20.00'9.99 ' 9.21'N 70°06 '14" E64.29'FINAL PLATOFLOT 1, BLOCK 1FIDELITY INVESTMENTSADDITION, PHASE IVAN ADDITION TOTHE TOWN OF WESTLAKEDENTON COUNTY, TEXASBEING 4.986 ACRES OF LANDSITUATED IN THE C MEDLIN SURVEY,ABSTRACT NO. A-823D.TOWN OF WESTLAKE, DENTON COUNTY, TEXASVICINITY MAP"NOT TO SCALE"PROJECTLOCATIONDETAIL 'A'1" = 20'WESTLAKE PARKWAY(60' RIGHT-OF-WAY)Resolution 19-11 KNOW ALL MEN BY THESE PRESENTS:THAT I, GREGORY J. CAVATAIO, DO HEREBY CERTIFY THAT I PREPARED THIS PLAT FROM AN ACTUAL AND ACCURATESURVEY OF THE LAND AND THAT THE CORNER MONUMENTS SHOWN THEREON AS SET WERE PROPERLY SET UNDERMY PERSONAL SUPERVISION____________________________________________GREGORY J. CAVATAIOREGISTERED PROFESSIONAL LAND SURVEYORTEXAS REGISTRATION No. 6389STATE OF TEXAS §COUNTY OF DENTON §BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED______________________________________, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THEFOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE ANDCONSIDERATION THEREIN EXPRESSED.GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS________DAY OF_____________, 2018.__________________________________________________NOTARY PUBLIC IN AND FOR THE STATE OF TEXASMY COMMISSION EXPIRES:________________NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT FMR TEXAS LIMITED PARTNERSHIP, DOES HEREBY ADOPT THIS FINAL PLAT DESIGNATING THE HEREIN ABOVEDESCRIBED PROPERTY AS LOT 1, BLOCK 1; FIDELITY INVESTMENTS ADDITION, PHASE IV, ANADDITION TO THE TOWN OF WESTLAKE, DENTON COUNTY, TEXAS, AND DO HEREBY DEDICATE TO THE PUBLIC USEFOREVER, THE STREETS, ALLEYS, EASEMENTS AND COMMON AREAS SHOWN HEREON.WITNESS, MY HAND, THIS THE ______ DAY OF ____________________, 2018.BY: ________________________________________________________FMR TEXAS LIMITED PARTNERSHIP, ITS AUTHORIZED AGENTBRIAN G. SORENSEN, SENIOR PROJECT DIRECTORSTATE OF TEXAS §COUNTY OF DENTON§WHEREAS FMR TEXAS LIMITED PARTNERSHIP IS THE OWNER OF A TRACT OF LAND SITUATED IN THE C.MEDLIN SURVEY, ABSTRACT NUMBER A-823-D, TOWN OF WESTLAKE, DENTON COUNTY, TEXAS, AND BEINGALL OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO FMR TEXAS LIMITED PARTNERSHIPRECORDED IN INSTRUMENT No. D198234433, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS(O.P.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:BEGINNING AT A 5/8" IRON ROD SET WITH A CAP STAMPED "SHIELD ENGINEERING" BEING THE BEGINNINGOF A NON-TANGENT CURVE TO THE LEFT, SAME BEING THE NORTHERN MOST CORNER OF A CORNER CLIP;AND THE MOST NORTHERLY CORNER OF SAID FMR TRACT, IN THE SOUTH RIGHT-OF-WAY-LINE OF STATEHIGHWAY 114 (A VARIABLE WIDTH RIGHT-OF-WAY).THENCE ALONG THE COMMON NORTH LINE OF SAID FMR TRACT AND THE COMMON SOUTH RIGHT-OF-WAYLINE OF SAID STATE HIGHWAY 114 THE FOLLOWING COURSES AND DISTANCES:THENCE ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 443.43 FEET, HAVING A RADIUS OF 5749.58FEET, A CENTRAL ANGLE OF 04°25'08", AND A CHORD BEARING AND DISTANCE OF S 72°41'59" E, 443.32 FEETTO A TXDOT MONUMENT FOUND;S 64°05'32" E, A DISTANCE OF 238.74 FEET TO A TXDOT MONUMENT FOUND;N 84°07'54" E, A DISTANCE OF 154.28 FEET TO A TXDOT MONUMENT FOUND;S 77°15'18" E, A DISTANCE OF 119.54 FEET TO A TXDOT MONUMENT FOUND;S 46°29'14" E, A DISTANCE OF 116.36 FEET TO A TXDOT MONUMENT FOUND;S 75°55'40" E, A DISTANCE OF 30.09 FEET TO A 5/8" IRON ROD SET WITH A CAP STAMPED "SHIELD ENGINEERING";THENCE S 89°40'34" W OVER AND ACROSS SAID FMR TRACT, A DISTANCE OF 1193.48 FEET TO A 5/8" IRONROD SET WITH A CAP STAMPED "SHIELD ENGINEERING" IN THE EAST ROW LINE OF WESTLAKE PARKWAYAND THE WEST LINE OF SAID FMR TRACT AT THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT;THENCE ALONG THE COMMON LINE OF WESTLAKE PARKWAY AND FMR TRACT THE FOLLOWING COURSESAND DISTANCES:ALONG SAID CURVE TO THE LEFT AN ARC LENGTH OF 19.48 FEET, HAVING A RADIUS OF 1332.52 FEET,A CENTRAL ANGLE OF 00°50'15", AND A CHORD BEARING AND DISTANCE OF N 19°38'11" E, 19.48 FEETTO A 5/8" IRON ROD SET WITH A CAP STAMPED "SHIELD ENGINEERING";N 19°13'04" E, A DISTANCE OF 318.44 FEET TO A 5/8" IRON ROD SET WITH A CAP STAMPED "SHIELD ENGINEERING" AT THE SOUTHWEST CORNER OF SAID CORNER CLIP;THENCE N 70°06'14" E, ALONG SAID CORNER CLIP A DISTANCE OF 64.29 FEET TO A 5/8" IRON ROD SET WITHA CAP STAMPED "SHIELD ENGINEERING" AND BEING THE POINT OF BEGINNING, CONTAINING 217,179SQUARE FEET OR 4.986 ACRES OF LAND.STATE OF TEXAS §COUNTY OF DENTON§BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED_____________________________________, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THEFOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE ANDCONSIDERATION THEREIN EXPRESSED.GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS________DAY OF_____________, 2018._________________________________________________NOTARY PUBLIC IN AND FOR THE STATE OF TEXASMY COMMISSION EXPIRES:________________NOTES:1.BEARINGS BASED ON NAD83 TxNC GPS OBSERVATIONS.2.ALL "IRS" ARE MARKED WITH A 5/8" IRON ROD WITH BLUE PLASTIC CAP STAMPED "SHIELD ENGINEERING" UNLESSOTHERWISE NOTED.3.NO ABSTRACTING HAS BEEN PERFORMED BY THE SURVEYOR. THERE MAY BE ADDITIONAL EASEMENTS ORENCUMBRANCES AFFECTING THE SUBJECT TRACT WHICH THE SURVEYOR IS UNAWARE OF AND THEREFORE ARENOT SHOWN HEREON.4.NO IMPROVEMENTS (BUILDINGS, FENCES, ETC.) SHALL BE CONSTRUCTED, NOR SHALL ANY TREES BE PLANTED,WITHIN ANY PUBLIC EASEMENT.5.O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS.6.ALL DISTANCES ALONG ARCS ARE GIVEN AS ARC LENGTHS.FINAL PLATOFLOT 1, BLOCK 1FIDELITY INVESTMENTSADDITION, PHASE IVAN ADDITION TOTHE TOWN OF WESTLAKEDENTON COUNTY, TEXASBEING 4.986 ACRES OF LANDSITUATED IN THE C MEDLIN SURVEY,ABSTRACT NO. A-823D.TOWN OF WESTLAKE, DENTON COUNTY, TEXASResolution 19-11 Page 1 of 3 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Monday, February 25, 2019 TOPIC: Conduct a public hearing and consideration of an ordinance approving amendments to the Comprehensive Plan, established by Ordinance 747, adding provisions for Urban Lighting Zones STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 11, 2019 Completion Date: February 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item is somewhat related to the staff proposal on this agenda regarding amendments to the Town’s outdoor lighting standards. The impetus for the proposed policy change involves the design for Schwab Way. At the December 10, 2018 Town Council meeting, staff presented the proposed amendment (attached) to the Town Council in response to a request from Hillwood to allow a street fixture that differs from the recommendations of the 2015 Comprehensive Plan, specifically page 238 of the Town Design Structure Plan. Page 2 of 3 PROPOSAL This is proposed as an addition to the Town Design Structure Plan in the Comprehensive Plan where illumination and light spacing parameters are based on roadway type wherein specific fixture types are not the primary focus so much as photometric cones and patterns of illumination. The proposed types are broken down as follows and depicted on the map below: 1. Regional Arterial - Urban light level: where secondary photo metric cones can touch or overlap in a limited number of areas but the primary photo metric cones are independent and do not touch. 2. Town Arterial - Parkway light level: where clusters of light fixtures allow secondary photo metric cones to touch/overlap within the cluster only. Primary photometric cones do not touch. 3. Pastoral Roadway - Rural light level: which is limited to isolated pools of light, usually at intersections. 4. Rural Arterial - Thematic light level: where secondary photometric cones touch/overlap at intersections and street scale fixtures are generally limited to intersections or other places of safety need and the lighting between street fixtures is achieved with Pedestrian scale trail lighting (bollards or other pedestrian scale fixture). Landscape lighting may also be used. It is a landscape illuminated presentation. This could be the feel of the Town edge. Staff proposes adding the above map and descriptions to the Town Design Structure Plan in the 2015 Comprehensive Plan after page 238. PLANNING AND ZONING COMMISSION On February 11, 2019, the Planning and Zoning Commission recommended approval of this item by a (5-0) vote. STAFF RECOMMENDATION AND SUMMARY The purpose of the proposed amendment is to discourage indiscriminate interval lighting on streets Page 3 of 3 and, instead, focus on patterns of illumination wherein the light fixture type is secondary to the illumination pattern. Staff recommends approval. ATTACHMENTS Comprehensive Plan – Town Design Structure Plan Proposed Ordinance Plan ElEmEnts: town DEsign structurE Plan 205 Part three: the Plan elements section Four: town Design structure Plan INTRODUCTION Like many communities caught in the outward expansion of a growing Metroplex, Westlake is experiencing a “regionalization” of its heretofore unique townscape. The tendency of ubiquitous development patterns/ forms (public and private) to erode local and often unique qualities of place has motivated those communities desiring preservation of their visual character to formulate a clear Town Design Structure. The Town Design Structure is a framework intended to promote expressions of these patterns/ forms, which are more responsive to the local characteristics and collectively create a unified identity. However, it is often the case that a Town Design Structure (typically in the form of urban design themes and features) ends up promoting a similarly ubiquitous townscape because it is derived from design conventions repeatedly used and reused in communities throughout Texas and the Nation. Such urban design initiatives are descriptive in the sense that they replicate attractive urban design approaches seen and used elsewhere. Westlake Comprehensive plan Update206 A properly crafted Town Design Structure Plan for Westlake must be prescriptive instead of descriptive. The term “prescriptive” implies that the design initiatives are intended to resolve a particular visual condition and are derived from a more real assessment of the themes/ qualities that characterize the identity of a place. Therefore, it is important to have a methodologically sound means by which such attributes will be identified and affirmed. Prescriptive also means that the purpose of the urban design initiatives are not only aesthetic, they are also intended to give visual presence to an expression of a community form that will create cognitively strong features/ themes upon which one’s mental map of, and recognition of, place is anchored. They must also create a legibility to the fabric of the town so that a sense of “wholeness” can be comprehended. This creates a clear sense of hierarchy so that one’s orientation and identity within the town fabric is always reinforced. It is historically true that private development (buildings) from place to place will exist in recognizable patterns and have stylistic/ construction qualities that are similar. As a result, buildings seldom distinguish a town unless they represent a unique surviving collection reminiscent of a historic era or comprise the singular work of a noted architect. It is also historically true that the public realm (squares, public spaces, streets, parks, etc.) often vary, which effectively establishes the qualities of place that are remembered/ and recognized. For example, Dallas is more distinguished by Turtle Creek and the improved IH 45 (and other such assets) than its buildings. Therefore, Westlake initiatives to establish, clarify and articulate a distinct quality of place through a Town Design Structure Plan that addresses streets, portals, nodal points, focal points, edges, and districts is the best means of achieving the Town’s goals that address identity. The following Town Design Structure Plan identifies the key design settings, key design initiatives, and more specific design actions (explaining how the initiatives should be manifest) to be taken in the various design settings discussed above. THE TOWN DESIGN STRUCTURE The Town Design Structure a is framework of design settings and component parts to which various design initiatives will be applied. It is intended to establish the visual relationship of nine Design Settings and tie them together in a unified whole. Design Settings are particular visual components of the hierarchical cognitive structure (Design Structure) that, in its totality, communicates the identity of, and orientation within, the Town of Westlake. More specifically, the Design Settings are: 1. Streets: Streets are the primary experiential venue from which residents and visitors gather identifying images and impressions. Also, streets are essential to understanding location and progress toward a destination. The Thoroughfare Plan establishes three Street Types for Westlake. These Street Types are: a. Neighborhood Streets: Streets that serve residential lots. b. Pastoral Collectors: Streets gathering residential traffic as it moves to and from residential neighborhoods. c. Town Arterials: Streets that serve the Town Community, View Shed Community, and Town Core as defined in the Land Use Plan. d. Regional Arterials: Streets that serve Plan ElEmEnts: town DEsign structurE Plan 207 the Regional Community as defied in the Land Use Plan. Each Street Type has its place in a recognizable hierarchy that communicates both the image identified as Westlake and one’s location within Westlake. This is accomplished with landscaping, street lighting, street signage, information systems, and street section design that typifies the Street Type. A progressive intensification of identifying elements (along certain streets) communicates movement from edge to center. 2. Intersections: A key aspect of streets is the character of important intersections. Important intersections include: a. Intersection of a Town Arterial with a Pastoral Collector: These happen at places where Dove Road and the southern portions of Roanoke Road intersect with new east/ west arterials (as shown on the Thoroughfare Plan). b. Intersection of a Town Arterial with another Town Arterial: These happen in places where the two main east to west arterials of the Town System are tied together by north/ south connectors. c. Intersection of a Town Arterial with a Regional Arterial: These happen where the east/west Town Arterials intersect with a primary commercial street of the Regional Community that connects with SH 114. 3. Trails and Sidewalks: Like streets, trails are also an experiential venue with significant power to communicate Town identity and orientation. This is accomplished with landscaping, signage, pedestrian furniture/ fixtures, trail heads, signage, and street crossings. Key Trail Types include: a. On-Street Bike Trails: These are dedicated bike lanes that share street space with vehicular traffic. b. Street Parkway Trails: The Town Arterials and the Regional Arterials will have a flanking trail on at least one side. The trials flanking Town Arterials will be the Town Trail and the trails flanking the Regional System will be Regional Trails, making contact to the trail systems extending beyond Westlake. c. Trails Engaging Neighborhoods: The Public Workshops stressed the importance for public trails to go “around” neighborhoods and not “through” neighborhoods, yet neighborhoods will likely have internal trail/ sidewalk systems that need to make connection with the Town System. Therefore, where a public trail connects with a Neighborhood Trail, certain measures are needed to prevent invasion of the neighborhood boundary by full public use. d. Trails through Open Spaces: The central open space network is host to most of the Town Trail System. Therefore, the treatment of trails within this open space is important. 4. Edges: Edges are experience start points; the recognition of which signals when the identifying visual impressions will commence. Edges require points of connection. It would be difficult to have a Town Design Structure without edges as a foundational element upon which to build the structure. Like places of arrival, edges are places of beginning. Edge conditions include: a. Regional Edges (SH 114): The interface of Westlake with a major regional corridor (SH 114) needs to communicate a comprehensible Westlake Comprehensive plan Update208 identity to the regional population. Therefore, treatment of this edge is critical to giving Westlake a recognizable identity along the SH 114 corridor. Failure to establish this identity pulls Westlake into the ubiquitous corridor identity of SH 114, which passes through cities like Grapevine and Southlake without making distinction of one community from another. b. Neighborhood Edges: Neighborhood Edges are critical for neighborhood integrity. However, the articulation of those edges can subdivide the ground plane with opaque walls and other hard division, which begin to suburbanize the rural landscape. c. Commercial Edges: Commercial edges are important as they often abut residential or open space areas. Walls and security fences can communicate separation of town elements rather than organic cohesion. Also, parking aprons moved to the edge can amplify separation rather than connection. Therefore, initiatives are needed to overcome these potentials. d. Open Space Edges: Open spaces are meant to be remnants of the historic rural landscape and to serve as seams that bind commercial and residential uses together. Therefore, porous edges are more preferred than barrier edges. 5. Arrival and Focal Points: Points of arrival, points of focus/ interchange, or points of significance must be recognizable in order to give meaning to the Town Design Structure. The Town Design Structure imparts information meant to support recognition, and without such demarcation to recognize, the cognitive structure fails its purpose. Key arrival and focal point conditions include: a. Town Common: The main place of arrival should be the Town Common. This is the hub of the community and the destination of the Town Road System. Therefore, arrival, and sequence of movement to the Town Common should be monumented. b. Southern Entry Points: There are numerous roads entering Westlake from the south (from Southlake and Keller). Development along these roads is not responsive to municipal boundaries and gives no visual indication as to where one city ends and another begins. Therefore, some form of monumentation is needed to identify such boundaries. c. SH 114 Entry Points: Major entries into the Town occur along SH 114. Therefore, the experience of Town is enhanced by portals that visually celebrate such entry. 6. Active Public Spaces: An important point of arrival/ focus will be active public space, such as public plazas, recreational parks, and city cultural assets. Therefore, such active open spaces should have identifying elements that visually connect them to the Town Design Structure. These identifying elements include monumentation, paving, pathway connections, pedestrian furniture/ fixtures, information systems, lighting, and signage. Key Active Public Space conditions include: a. Major Gathering Spaces: As Westlake moves from its currently small population to population levels seven times larger (projected 2036 population), it will need spaces in which the Town population can conduct certain public gathering activities. One such space will likley be located within the Town. Others could be located at the Town Hall, Plan ElEmEnts: town DEsign structurE Plan 209 major retail venues, aggregated office locations, and in proximity to the educational venues. Treatment of these spaces should conform to some uniform standards of design that makes their function and use easily identifiable. b. Minor Gathering Spaces: In addition to major gathering spaces, future populations will likely call for smaller spaces where small gatherings (more familial or neighborhood related) can be conducted. These could be small spaces along trails, such as amphitheaters or lateral expansions of the sidewalk in commercial or municipal areas. Like Major Gathering Spaces, treatment of these spaces should conform to some uniform standard of service and offerings that makes their function and use easily identifiable. c. Recreational Parks: The Parks and Open Space Plan identifies the need for Recreational Parks in Westlake. Standards of user accommodation that will distinguish Westlake should be imposed upon each Park Type. 7. Passive Public Spaces: According to the Land Use Plan, Passive Open Space will be a significant visual experience acquired from streets, trails, and Vista Points throughout the Town. These passive open spaces are the essence of Westlake’s identifying character. Therefore, it is important to maintain them in a condition reflective of that identity. This essential character is rural, which is manifest in fencing type (edge definition), pathway alignment, pasture land to wooded land balance, and landscape materials. Key Passive Open Space conditions include: a. Conservation Open Spaces: The Public Workshops expressed a desire to preserve/ conserve the natural, picturesque, pastoral landscape. Such preservation may require selective restoration and conservation, especially of remaining natural systems. Therefore, how these areas will be recognized within the Town Design Structure requires understanding. b. Landmark Landforms: The View Analysis in Part Two of this Comprehensive Plan identifies certain view terminals as important natural features that define many of the characteristic views enjoyed by residents. Therefore, how these features will be recognized within the Town Design Structure requires understanding. c. Rural Heritage Areas: Certain open space areas may continue to be managed as agricultural activities. In such instances public observation and participation would be an asset to quality of life. Therefore, the Town Design Structure Plan should address these potential areas. 8. Public Facilities: As Westlake grows it will likely need additional public facilities such as police and fire facilities. These are opportunities to further reinforce the identity of Westlake through site placement, signage, paving, landscaping, and pedestrian connection. Key Public Facilities include: a. Police Facilities: The Facilities and Town Hall Plan to follow identifies that Westlake at build-out will require additional police facilities. How these facilities are recognized within the fabric of the Town, defines their potential contribution to its cognitive structure. b. Fire Facilities: The Facilities and Town Hall Plan to follow identifies that Westlake at build-out will require Westlake Comprehensive plan Update210 additional fire facilities. How these facilities are recognized within the fabric of the Town, defines their potential contribution to its cognitive structure. c. Municipal Facilities: As Westlake grows, it will require more space for its Town Hall functions and municipal employees. This may further require the establishment of a new Town Hall facility. In such an event, the new facility should have more public space than the present facility and be more engaged with fabric of the Town, making it a significant landmark for the future. 9. Site Open Space: As Westlake grows, the abundant openness of the landscape will begin to infill with development. Therefore, it is important to establish minimum open space allotment areas within any site. While recommended restrictions to building coverage (as specified in the Land Use Plan) accomplish most of this goal, further clarification is justified in the Town Design Structure Plan. Key Site Open Space settings include: a. Parking Lots: Westlake has done a good job in promoting structured parking over surface parking. However, that may not be as feasible where conventional retail development is concerned. Therefore, open space standards relative to surface parking are justified. b. Site Landscaping: Site Landscaping is the amount of a site area that is set aside for landscape development or natural system preservation. c. Buffers: Buffers are recommended in those locations where a commercial use abuts a residential use or open space. The effect is to provide a proper edge to residential locations and/ or visually expand town open space into private development. TOWN DESIGN STRUCTURE AND THEMATIC ELEMENTS Within the Town Design Structure and its framework of component parts (presented above), various design initiatives are needed that will, in their manifestation, create a coherent urban design fabric for the Town, a fabric which distinguishes Westlake from other cities, enhances value, and enriches quality of life. These design initiatives include: • Pavement • Lighting • Signage • Landscaping • Information Systems • Furniture • Traffic Signalization • Bridges • Cross Drainage Structures • Facilities and Special Features • Traffic Calming • Pedestrian Crossings • Marking/ Demarcation • Trail Heads • Portals • Landscape Buffers/ Landscape Setbacks • Fences and Walls • Major Monuments • Minor Monuments • Banners/ Flags • Built Amenities/ Public Art • Safety • Furniture • Street Recognition (by Public Facilities) Each of the following tables lay the above listed design initiatives (shown on the vertical axis) against the earlier described Design Settings (shown on the horizontal axis) and portrays how the applicable Plan ElEmEnts: town DEsign structurE Plan 211 initiative is manifest in each of these Design Settings (manifestations presented within the intersecting table cell). In its totality, the tables present a Town Design Structure for Westlake that assigns particular design actions and/ or standards to the key design settings that comprise the overall Town Design Structure. More specifically the tables are: Neighborhood St. Pastoral Collector Town Arterial Regional Arterial Section Design 2 ln 2 ln 4 ln‐ divided 4 ln‐ divided Pavement See street sections Lighting See lighting and signal palette figure Signage Street name signs as per the development design Street names presented in Town format with uniform pole mounted, backlit street name signs with the Westlake logo. Street names presented in Town format with uniform pole mounted, backlit street name signs with the Westlake logo. Street names presented in Town format with uniform pole mounted, backlit street name signs with the Westlake logo. See signage figure Traffic signage mounted in Town thematic frame upon city thematic standard at uniform visual heights Traffic signage mounted in Town thematic frame upon city thematic standard (compatible with period street light standards), at uniform visual heights Traffic signage mounted in Town thematic frame upon city thematic standard at uniform visual heights Traffic signage mounted in uniform frame that is compatible with street light standards, at uniform visual heights Way‐finding signage as per Town way‐finding sign program with uniform sign format and standard. Way‐finding signage as per Town way‐finding sign program with uniform sign format and standard. Way‐finding signage as per Town way‐finding sign program with uniform sign format and standard. Way‐finding signage as per Town way‐finding sign program with uniform sign format and standard. Landscaping Trees: Natural Drifts of trees including both canopy and understory planting. Purpose to reknit the natural plant fabric. Trees: Natural Drifts of trees including both canopy and understory planting. Purpose to reknit the natural plant fabric in all Town Core approaches and open space areas. Tree placement shifts toward more composed alignment and understory dissipates as the Town Arterials arrive at more urbanized areas. Trees: Composed, uniformly spaced placement of canopy trees. See approved plant list Grasses: low maintenance Native pasture grasses. ‐Grasses: low maintenance Native pasture grasses Grasses: Maintained native grasses or hybrid grass varieties. Contiguous grass planting from project to project must maintain a consistent grass variety. Ornamental planting: Flowering native shrubs at horizontal deflectors. Ornamental Trees: Flowering native trees at public entries and street intersection. Shrubs: plant varieties attaining a minimum 36 in. height screening surface parking areas from street view. Ornamental trees and shrubs: At project entries and median cuts Landscape design and plant materials as per approved development design. 1. STREETS Concrete or Asphalt with custom design curb unique to the neighborhood or standard vertical or roll up curb. Concrete or Asphalt with a laydown curb (flat curb) that allows run off to barrow ditches. Concrete with vertical curb and variable median width (minimum median width = 14 ft. which can narrow for left turn storage lanes) Concrete with vertical curb and uniform median (typical median width = 14 ft. which narrows for left turn storage lanes) Individual thematic fixtures and standards as determined by the project developer and approved by the Town of Westlake Rural light standards and fixtures placed at intersections and no less than one fixture every 1,000 ft. (see lighting palette) Period street standard and fixture with dual fixture masts and banner arms (see lighting palette). Placed in the median, spacing as per manufacturer’s recommendation. Westlake Parkway standard and fixture continued from the Service Roads of Highway 114, into the Regional Road connections of development fronting Highway 114 within the Regional Community. Westlake Comprehensive plan Update212 Neighborhood St. Pastoral Collector Town Arterial Regional Arterial Information Systems Information Kiosks: Placed in close proximity to the portal entries and in close proximity to the Town Common. See information figure Banners: Placed along Town Arterials connecting to the Town center. Furniture Pedestrian benches and trash receptacles: Placed so that there are at least 2 benches and trash receptacles per block in the Town Core. Pedestrian benches and trash receptacles: Located within the projects. See furniture palette Pedestrian lighting: along sidewalks and Town/ Regional Trails flowing to the Town Common. Pedestrian Bench and transit canopy: one at each transit stop. Pedestrian Bench and transit canopy: one at each transit stop. Traffic Signals See lighting and signal palette figure Bridges See bridge examples Cross Drainage Structures As per Town approved development design by project developer Stone headwalls Stone headwalls with bridge rails Stone headwalls Fire/ Police: Specialized street paving, which makes rumble sound when driven over, at emergency facility locations. Fire/ Police: Specialized street paving, which makes rumble sound when driven over, at emergency facility locations. Transit Stop: make provision for public transit stop. One potential stop per 1200 ft. within ¾ mile of the Town Common and one potential stop per 2500 ft. elsewhere. Transit Stop: make provision for public transit stop. One potential stop per 1200 ft. within the Regional Community. Public Facilities N/A N/A 1. STREETS When required by warrant: Traffic signal standard, arm, and fixture to be a period design that matches the Town street light standard. When required by warrant: Traffic signal standard, arm, and fixture to be a period design that matches the Town street light standard. When required by warrant: Traffic signal standard, arm, and fixture to be a period design that matches the Town street light standard. Traffic signals at the intersection of a Town Arterial with a Town Arterial should have banner arms. When required by warrant as per TxDOT standard. As per Town approved development design by project developer To match existing specialty bridges along Dove Road To match existing specialty bridges along Dove Road with the addition of bridge lights To match existing specialty bridges along Dove Road with the addition of bridge lights As per Town approved development design by project developer N/A Information Kiosks: Placed at major intersections and pedestrian crossing points. As per Town approved development design by project developer N/A Plan ElEmEnts: town DEsign structurE Plan 213 Design Element Town Arterial Intersection with Pastoral Collector Town Arterial Intersection with Town Arterial Town Arterial Intersection with Regional Arterial and at intersections around Town Centers Traffic Calming Horizontal deflection at entrance to Pastoral Connector. Horizontal deflection islands shall have ornamental planting. N/A N/A Pedestrian Crossing Demarcation Decorative paving that defines the pathway only. Use natural stone pavers that make a sound when driven over. Decorative paving of the pedestrian pathway with ornamental paver circle in center. Use a pavestone product which matches existing use of pavestone at Dove Road and Precinct Line Road intersection. Decorative paving of the pedestrian pathway, circle, and within the frame defined by the pedestrian pathway. Use a pavestone product which matches existing use of pavestone at Dove Road and Precinct Line Road intersection, Lighting N/A Enhanced lighting from fixtures mounted on Traffic Signal standards (where they exist) and another similar standard located on an opposing corner (or two opposing corners where traffic signals do not exist). Enhanced lighting from fixtures mounted on Traffic Signal standards (where they exist) and another similar standard located on the other three corners (or two opposing corners where traffic signals do not exist). Signage Intersection related signage to be mounted to thematic street sign standard where possible. Intersection related signage to be mounted to intersection lighting standard where possible. Intersection related signage to be mounted to intersection lighting standard where possible. Pedestrian Safety Disabled pedestrian ramps and markings as per ADA standards Disabled pedestrian ramps and markings as per ADA standards Disabled pedestrian ramps and markings as per ADA standards Information Systems N/A See street information system above See street information system above 2. Intersections Westlake Comprehensive plan Update214 Design Element On‐Street Bike Trails Street Flanking Trails Trails Engaging Neighborhoods Trails through Open Spaces Applicable Standard AASHTO AASHTO AASHTO AASHTO Land demarcation: Painted bike lane marker with vertical “tubular” lane dividers. Town and Regional demarcation cast into Trail Pavement. Pathway destination identifier: cast into trail pavement. Bike lane symbol: on pavement Educational message or graphic cast in 5 ft. long sections every ¾ mile. Edge marking: where grade (off trail) exceeds 5% Material Same as street pavement Buff Concrete Dark Concrete transitioning to stone at the neighborhood interface Buff Concrete Location: Trail intersections and points of convergence (hub). Location: At interface between Neighborhood Trail and another Trail. Location: At interface between a nature trail and another trail, as well as points of interpretation. Features: Identification signage, Kiosks, bike racks, benches, drinking fountain, decorative paving at major hubs. Identification signage, bike racks, benches, and decorative paving at other intersections. Features: Identification signage, surface paving, interface portal. Features: Identification signage, interpretative signage, benches, bike racks. Pools of Light: Uniform light at interface with commercial destinations: Trail head name: on Trailhead marker. Trail head name: on Trailhead marker. Trail head name: on Trailhead marker. Caution signage: Mounted in uniform frame on a uniform standard that matches Town traffic sign frame and standard Caution signage: Mounted in uniform frame on a uniform standard that matches Town traffic sign frame and standard. Caution signage: Mounted in uniform frame on a uniform standard that matches Town traffic sign frame and standard. Signage N/A Marking Privacy markers: In pavement (as neighborhood boundary approaches) and privacy signs at the interface with neighborhoods. Trail Head N/A Lighting N/A Ambient light level of at least .2 ft. candles. Low lighting of the path only is acceptable. Pools of Light: 3. Trails Plan ElEmEnts: town DEsign structurE Plan 215 Design Element On‐Street Bike Trails Street Flanking Trails Trails Engaging Neighborhoods Trails through Open Spaces Applicable Standard AASHTO AASHTO AASHTO AASHTO Trees: Canopy trees for shade comfort, elimination of understory for safety. Canopy trees in drifted clusters as needed to reknit natural fabric. Trees: Canopy trees for shade comfort, elimination of understory for safety. Canopy trees in drifted clusters as needed to reknit natural fabric. Trees: Canopy trees for shade comfort, elimination of understory for safety. Canopy trees in drifted clusters as needed to reknit natural fabric. Trees: Canopy trees for shade comfort, elimination of understory for safety. Canopy trees in drifted clusters as needed to reknit natural fabric. Grasses: Native, short variety, low maintenance grasses. Grasses: Native, short variety, low maintenance grasses. Grasses: Native, short variety, low maintenance grasses. Grasses: Native, short variety, low maintenance grasses. Trailhead Markers: Trail head monument markers which display the city logo, the trail head name, trail name, and any appropriate historic information interpreting the rural heritage of Westlake. Trailhead Markers: Trail head monument markers which display the city logo, the trail head name, trail name, and any appropriate historic information interpreting the rural heritage of Westlake. Trailhead Markers: Trail head monument markers which display the city logo, the trail head name, trail name, and any appropriate historic information interpreting the rural heritage of Westlake. Way‐finding: destination markers cast in pavement and displayed at trail heads. Way‐finding: destination markers cast in pavement and displayed at trail heads. Way‐finding: destination markers cast in pavement and displayed at trail heads. Trail name signs: Located at each trail intersection, trail heads, and intersection of a trail with the street Trail name signs: Located at each trail intersection, trail heads, and intersection of a trail with the street. Trail name signs: Located at each trail intersection, trail heads, and intersection of a trail with the street. Special interpretative markers: periodic low post mounted signs that explain historic information or identify particular plan species/ wildlife habitat. These signs are a uniform color, painted on metal. Pedestrian benches and trash receptacles: located at trail head. Bench and trash receptacle should be built into trail head marker. Pedestrian benches and trash receptacles: located at trail head. Bench and trash receptacle should be built into trail head marker. Water Fountain: Located at Trail head serving 2 or more trails. Water Fountain: Located at Trail head serving 2 or more trails. Street Crossing N/A All trails should cross streets at an intersections where pedestrian crossings are provided (described above in intersections) All trails should cross streets at an intersections where pedestrian crossings are provided (described above in intersections) All trails should cross streets at an intersections where pedestrian crossings are provided (described above in intersections) 3. Trails Landscaping Information Systems Trail Name: Trail name sign in Town thematic frame mounted on Town standard. Furniture Westlake Comprehensive plan Update216 Design Element Regional Edges (Highway 114)Neighborhood Edges Commercial Edges Open Space Edges Portals Entry Portals N/A Boundary portals Gateways: Landscape Buffers/ Landscape Setbacks 114/ 170 Landscape Zone: The Town of Westlake has an existing requirement for a 70 ft. landscape set back from highway 114 and 170. This area should be heavily forested where development is uphill from the set back and planted in natural drifts of trees where development is at the same level (thereby allowing visual penetration. Effort should be made to screen parking with berms that separate the visual experience from the hardscape of surface parking. 114 and 170 buffer areas should be planted with native grasses of varying height that allow the creation of grass drifts in the landscape composition. See plant palette for selection options. Boundary softening: Neighborhood edges should be planted with natural drifts of trees containing both evergreen and deciduous varieties as well as conifers that contain branch structure from ground to crown. The complexity of leaf textures and plant forms will obscure the continuous presence of perimeter walls and fences. See plant palette for selection options. Extension of street landscape: To create greater visual connectivity across commercial roadways, project edges should bring the roadway landscaping into the project and transition to project landscaping instead of creating a landscape change line at the project boundary. This will also increase the sense of public domain. The plant selection for this merger of landscapes will be derived from the streetscape palette used. Rural restoration: Open Spaces are opportunities to restore and preserve the rural heritage of Westlake. Therefore open spaces edges should be treated as rural edges with rural fencing and an uninterrupted ground plane that extends from the street into the open area (no intervening walls or plant screens) Fencing and Walls Walls and/ or fences in this area are discouraged. If used they should be screened with trees and understory planting that will conceal the wall or fence. Only agricultural fencing may be fully visible. Opaque privacy walls or fences abutting any street or public open space should be landscaped to provide boundary softening (as discussed above). Minimize neighborhood walls or fences as much as possible. No walls or fences at any edge interfacing a street unless it is screened or in the front yard space of commercial development. Agricultural fences or planted screens only. Landscaping See plant palette for selection options. See plant palette for selection options. See plant palette for selection options. See plant palette for selection options. 4. Edges Plan ElEmEnts: town DEsign structurE Plan 217 Design Element Town Hub/ Common Southern points of Entry Highway 114 Identity Monuments type 1: Monuments integrated with overpass structures crossing Highway 114 at Davis Road/ Precinct Line Road, Westlake Parkway A, and Westlake Parkway B. These identity monuments will have characteristics compatible with the existing monuments at Westlake Parkway overpasses. Identity Monuments type 2: Dove Road and Roanoke Road Pylons that build off of the Pylons already located at Solana. Minor Monuments N/A Approach monuments: Minor monuments which are visually compatible with the Identity monuments (Major Monuments) should be located at southern points of entry to Westlake, along Ottinger Road, Pearson Lane, Randol Mill/ Precinct Line Road, Peytonville Road, Shady Oaks Drive. N/A Internal Illumination: Internal lighting that contributes to a night form for the Town Common. Activity Down Lighting: For pedestrian gathering areas Increased Ambient Street Light: More frequently placed street lights (perhaps moving from median to road edge) to raise light levels within the urbanized area. Town Identity: The name and logo of Westlake, Texas Event Information: Electronic reader board capable of showing information about upcoming events, public notices, public service. Memorial Information: Inscriptions and dedication plaque (s) Time: Traditional Clock Lighting External Illumination: Up‐lighting of the monument and its messaging. External Illumination: Up‐lighting of the monument and its messaging. Information Systems Town Identification: The name and logo of Westlake, Texas Town Identification: The name and logo of Westlake, Texas 5. Arrival and Focal Points Major Monuments Land Mark Monument: Town Center Landmark attaining a height of at least 35 ft., iconic expression of Texas rural heritage. This is a stone structure with features/ details derived from rural/ ranch references. N/A Westlake Comprehensive plan Update218 Design Element Major Public Gathering Space Minor Public Gathering Spaces Recreational Parks Stove Pavers: True stone pavement reminiscent of a traditional Town Square used as an accent and design enhancement of the general paving. Concrete Trails, walkways, and ancillary use spaces: In all high traffic and intense use activity areas. Scored Concrete: The general paving of the gathering space. Decomposed Granite seating and ancillary activity areas: In areas of lesser use and use intensity. Decomposed Granite: Ancillary and other areas for bench placement. High traffic tolerant grass: Within a distance from major gathering space that is no less than 200 ft. (where such lateral space exists). High traffic tolerant grass: Within a distance from major gathering space that is no less than 75 ft. (where such lateral space exists). High traffic capacity grass in event fields: Traffic tolerant hybrid grass on all sports fields or open areas where intense use is expected. Canopy Trees: Planted to clarify definition of gathering space and to provide shade to seating/ activity areas. Canopy Trees: Planted to clarify definition of gathering space and to provide shade to seating/ activity areas. Native Grass: Defining edges of traffic tolerant grass areas. These remain unmown (except as recommended for annual cropping) to demark use areas in the same manner as a fairway and the rough in golf. Canopy Trees: Planted in natural drifts to accentuate non traffic areas and restore native landscape. Pedestrian Lighting: Pedestrian lighting along edge of gathering area that is visually similar to the period street lighting and other pedestrian lighting for Westlake. ‐Sports Lighting: Appropriate field lighting in team sport areas. Landscape Lighting: up and down lights at all trees in tree wells that define the public space. Down lights only in bench areas. Pedestrian Lighting: Pedestrian lighting along walks to sport areas from parking areas. Parking Lighting: Parking lot lights when parking is provided that maintains a .2 foot candle ambient light level. Signage N/A N/A Sponsorship panels: Space to display corporate sponsorship of sport activities. Such displays shall be mounted in a uniform frame and within a designated area for such display. 6. Active Public Spaces Paving Scored Concrete: The general paving of the gathering space. Landscaping Lighting Landscape Lighting: up and down lights at all trees in tree wells that define the public space. Down lights only in bench areas. Plan ElEmEnts: town DEsign structurE Plan 219 Design Element Major Public Gathering Space Minor Public Gathering Spaces Recreational Parks Standards for Banners incorporated with Pedestrian Lighting: vertical banners, attached top and bottom, for display of events, seasons, corporate sponsorship, etc. Flag Plaza: Flag poles for the US, Texas, and Westlake Flag. Water feature: Opportunity for a public water feature such as a pool fountain or squirt fountain with a changing water display. Memorial: Opportunity for memorial honoring leaders and civic heroes of Westlake. Art Installation: All public gathering spaces are opportunities for public art. It is preferable that art is intrinsic to the design of the space rather than a commissioned piece to be installed in the space. Town Identity: Westlake name, date of founding, and logo engraved into stone material of monument. Event Information: Electronic reader board capable of showing information about upcoming events, public notices, public service. Memorial Information: Inscriptions and dedication plaque Time: Traditional clock Pedestrian benches and trash receptacles: Placed around edge of gathering space and/ or along walkways t the activity space. Drinking Fountain: Public free standing drink fountain providing water for adults, children, and pets. Special Features Public Restroom: Located in a specialized structure within 300 ft. of activity space. N/A Public Restroom: located to serve multiple sport activity areas. 6. Active Public Spaces Information Systems Town Identity: Westlake name, date of founding, and logo engraved into stone material of monument. Town Identity: Westlake name, date of founding, and logo engraved into stone material of monument. Furniture Pedestrian benches and trash receptacles: Placed around edge of gathering space and/ or along walkways to the activity space. Pedestrian benches and trash receptacles: Placed along pathways to and around sport activity area. At least 1 bench per 300 ft. Banners/ Flags N/A N/A Built Amenities/ Public Art Art Installation: All public gathering spaces are opportunities for public art. It is preferable that art is intrinsic to the design of the space rather than a commissioned piece to be installed in the space. N/A Westlake Comprehensive plan Update220 Design Element Conservation Open Spaces Landmark Landforms Rural Heritage Areas Public Accessibility Designated Public Access: Directed access to interpretative stations and viewpoints. Access to other areas limited to on‐foot access with no trail availability. Designated Public Access: Directed access via trail to interpretative stations and viewpoints. Access to other areas limited to on‐foot access with no trail availability. General Public Access and participation: General public access via improved walks and activity areas to interpretative and demonstration events. Trails: Concrete trails to interpretative stations and vista points. Trails: concrete trails to vista platforms. Interpretive Exhibits: Programmed interpretative events that portray rural heritage of Westlake or promote conservation practices. Interpretative Exhibits: ‐ Interpretative signage for various plant types, vegetative communities, wildlife habitats, and conservation awareness that are painted on metal and color coded according to message type. Vista Platforms: Paved, designated viewing area with bench facilities. Participation Demonstration structures: Wood pavilion structures that provide shelter for demonstrations. Such structures should be capable of reconfiguration in accordance with space and viewing requirement of the demonstration. Vista Platforms: Paved, designated viewing area with bench facilities. Drinking Fountain: Combined Fountain for adults, children, and pets no more than 300 ft. from the event areas. Trails: Decomposed granite walkways to demonstration areas and parking areas. Gathering Structures: Thematic structures for large gathering event. Pasture: Native pasture Grass (se plant list for selection) Fence line Trees: Trees along fence rows that are typical of most rural areas. See plant list for selection. Homestead Trees: Trees around historic agricultural structures. See plant list for selection. Lighting N/A N/A Activity Lighting: Lighting incorporated into activity structures and tree down lighting. Emergency call box: 1 box per 1,000 ft. Guard Rails: At Vista Points where necessary. Information Systems Interpretative Signage: signage for various plant types, vegetative communities, wildlife habitats, and conservation awareness that are painted on metal and color coded according to message type. Interpretative Signage: signage for various plant types, vegetative communities, wildlife habitats, and conservation awareness that are painted on metal and color coded according to message type. Interpretative Signage: signage for various plant types, vegetative communities, wildlife habitats, and conservation awareness that are painted on metal and color coded according to message type. Furniture Pedestrian Benches and trash receptacles: located at vista points Pedestrian Benches and trash receptacles: Located at vista points. N/A Safety Emergency call box: 1 box per 1,000 ft. Activity staff and procedures: Personnel monitoring for pedestrian safety. 7. Passive Public Spaces Facilities Landscaping Natural fabric restoration: See plant list for selection. Objective to restore native grass, native trees and native understory at appropriate locations. Natural fabric Restoration: See plant list for selection. Objective to restore native grass, native trees and native understory at appropriate locations. Plan ElEmEnts: town DEsign structurE Plan 221 Design Element Police Fire Municipal Masonry veneer, pitched roof, strong definition of entry and public access pathway. Deep set Utility Doors. Rural stylistic references. Building lighting. Continuity with public image identity Rumble Strip Paving: Stone pavers making a rumble strip across street in front of Police Stations. Rumble Strip Paving: Stone pavers making a rumble strip across street in front of Fire Stations. Premise awareness icon: A location monument that is recognizable as a police monument, located along the parkway and within the road ROW, on either side of the rumble strip. Premise awareness icon: A location monument that is recognizable as a police monument, located along the parkway and within the road ROW, on either side of the rumble strip. Monuments are equipped with a traffic signal to stop traffic at times of emergency response. Lighting Street side and entry walk and ground plane illumination: Provided by building up lights and landscape down/ up lighting. Street side and entry walk and ground plane illumination: Provided by building up lights and landscape down/ up lighting. Street side and entry walk and ground plane illumination: Provided by building up lights and landscape down/ up lighting. Where the public space lacks landscape, pedestrian lighting will provide ground plane illumination. Monument Identification: Monument sign at street and/ or entry drive to Town Hall that identifies structure. Sign shall have a stone base and pin mounted, backlit letters. Building mounted identification: Engraved or cast into building material. Safety N/A Emergency exit traffic signal: Mounted in identification pylon N/A Information Systems N/A N/A Electronic public notifications: Public reader board that communicates upcoming events, public notices, public service information. Special Features Public Meeting room: Available to neighborhood and other public groups. Public meeting room: Available to neighborhood and other public groups. Public gathering space: available for civic events, public demonstration, and organized municipal activities. Street Recognition Lateral expansion of parkway to create entry plaza: Generous parkway width at the location of City hall that permits public gathering. A public plaza may substitute for such space when it is connected to the street. Signage Standard Station Identification: Engraved or cast into building material. Standard Station Identification: Engraved or cast into building material. 8. Public facilities Building Identity Masonry veneer, pitched roof, strong definition of entry and public access pathway. Deep set Utility Doors. Building lighting. Continuity with public image identity Masonry veneer, pitched roof, strong definition of entry and public access pathway. Deep set Utility Doors. Building lighting. Continuity with public image identity Westlake Comprehensive plan Update222 Design Element Parking Lots Site Landscaping Buffers Spatial proportion Landscape areas should not be less than 10% of the parking apron surface in Regional Commercial, Community Commercial 1, and Town Core land Use Areas. Other Land Use areas where commercial use is permitted, parking lot landscape areas should not be less than 15% of the parking apron surface area. However, Trees placed in Parking lots should be placed so that any parking space is no further than 10 spaces from a tree. Parking lot trees not in landscape areas may be located in tree grates in the Regional Commercial and Community Commercial 1 Land Use Zones. Recommendation does not apply to parking structures. At least 10% of any site should be in landscaped and/ or open space in Regional Commercial, Community Commercial 1, and Town Core lad Use Districts. Other Land Use areas where commercial use is permitted, the recommended minimum landscape area is 15% Where commercial use abuts a single family residential use a minimum 20 ft. landscape buffer should be incorporated. Where a commercial use abuts an open space, at least 50% of the site’s 10% minimum landscape area should abut the open space, thereby expanding the open space areas. Trees: Planted in landscape islands and tree grates. Parking lot trees should be located so that no parking space is further from a tree than 10 parking spaces. Trees: Natural Drifts of trees including both canopy and understory planting. Purpose to reknit the natural plant fabric. Trees: Natural Drifts of trees including both canopy and understory planting. Purpose to reknit the natural plant fabric. Grasses: low maintenance Native pasture grasses. Grasses: low maintenance Native pasture grasses. Ornamental planting and ground cover: Flowering native shrubs and ground covers as specified in the recommended plant list. Ornamental planting: Flowering native shrubs at horizontal deflectors. Ornamental planting: Flowering native shrubs at horizontal deflectors. Lighting N/A Trees: Tree lighting within 100 ft. of structure only N/A Monument Identification: Monument sign at street and/ or entry drive to Town Hall that identifies structure. Sign shall have a stone base and pin mounted, backlit letters. Building mounted identification: Engraved or cast into building material. Landscaping Signage Standard Station Identification: Engraved or cast into building material. Standard Station Identification: Engraved or cast into building material. 9. Site Open Space Plan ElEmEnts: town DEsign structurE Plan 223 Design Element Parking Lots Site Landscaping Buffers Furniture N/A Building Entries and Activity Areas: provide one or more benches and trash receptacle. N/A Built Amenities/ Art N/A Building Entries, building approaches, and roadway interfaces: Seize these landscape area opportunities for placement of publically visible art. Strategic placement of site specific art in conjunction with artist. Suggest cooperative Town/ Private property owner program to initiate such are installations. Banners/ Flags Banners should be placed on parking lot lighting, not in parking lot landscape areas. Corporate, State and national Flags encourage at all corporate office structures. In urbanized areas, such flags could be placed in close proximity to the street, creating an additional streetscape element. In campus settings, flags could be places in a flag court, close to the entry. N/A Signage Directional, cautionary, and parking area location signage only. Premise identification monument signs with no additional advertising. N/A Tree grates: Located in pave areas Landscape Islands: no paving N/A 9. Site Open Space Paving N/A Westlake Comprehensive plan Update224 LISTS, SECTIONS, AND PALETTES Various Design Initiatives explained above references information presented in list, section, or palette form in the following text. This material is included in the Town Design Structure Plan in order to further expand the action descriptions provided above. The particular lists, sections, and palettes include: • Plant List: This is a listing of the plant selections available for use in various landscape actions described above. The plant list includes recommended canopy trees, ornamental trees, understory plants, shrubs, grasses, and other ornamentals. • Street Sections: Street sections illustrate typical section designs for Pastoral Collectors, Town Arterials, and Regional Arterials. • Lighting and Signal Palette: These show a pictorial sampling of street light fixtures, street light standards, banner arms, traffic signal standards, traffic signal arms/ fixture, pedestrian light standards, and pedestrian light fixtures suitable for Westlake lighting and signalization initiatives. • Information Systems Figure: This figure shows a pictorial sampling of recommended kiosks for Westlake. • Furniture Palette: This palette shows a pictorial sampling of recommended pedestrian furniture, including benches, trash receptacles, water fountains, and bike racks that are recommended for Westlake. • Bridges Figure: This shows a pictorial sampling of bridge types that are recommended for Westlake. Plan ElEmEnts: town DEsign structurE Plan 225 Recommended Plant List: Common Name Botanical Name Drummond Red Maple Acer Rubrum drummondii XX October Glory Maple Acer rubrum 'October Glory'X XXXX X Caddo Maple Acer saccharum ‘Caddo’X River Birch Betula Nigra XX Pecan Carya illinoinensis X XXXXX Sweet Gum Liquidambar styraciflua X XX X Magnolia Magnolia grandiflora XX X Black Gum Nyssa sylvatica X XX X Chinese Pistachio Pistacia chinensis XX White Oak Quercus Alba XX X Bur Oak Quercus macrocarpa X XX X X X Swamp Chestnut Oak Quercus michauxii XX X Pin Oak Quercus palustris XX X Willow Oak Quercus Phellos X XXX X X Live Oak Quercus virginiana XXXX XXX X X Bald Cypress Taxodium distichum XX Cedar Elm Ulmus crassifolia X XX XXX X X Lacebark Elm Ulmus parvifolia sepervirens X Slash Pine * Pinus elliotii X X XX X X Large Canopy Trees (minimum 4" cal. Installation DBH) * and/or the same pine species currently growing along Solana Blvd. at the Village Circle intersection Rural heritagePastoral ConnectorTown ArterialRegional ArterialTrailsRegional EdgeNeighborhood EdgeCommercial EdgeOpen Space EdgeGathering SpacesRecreational parksConservation Spaces and Landforms Westlake Comprehensive plan Update226 Common Name Botanical Name Fringe Tree Chionathus virginica Flowering Dogwood Cornus Florida X XX X X Titi Cyrilla racemiflora Possumhaw Ilex decidua Crape Myrtle Lagerstroemia sp.X X XX Wax Myrtle Myrica cerifera X XX XX X Mexican Plum Prunus meYicana X XXX XX X Mexican Buckeye Ungnadia speciosa X Vitex Vitex agenus-castus Recreational parksConservationSpaces and LandformsRural heritageRegional EdgeNeighborhood EdgeCommercial EdgeOpen Space EdgeGathering SpacesTrailsTown ArterialRegional ArterialOrnamental Trees (minimum 6' installation height)Pastoral ConnectorCommon Name Botanical Name Yaupon Holly Ilex vomitoria X X XX Nellie R. Stevens Holly Ilex X ‘Nellie R. Stevens’X X XX Foster Holly Ilex X attenuata ‘Foster’X XX XX Eastern Red Cedar Juniperus virginiana X XXX X Little Gem Magnolia Magnolia grandiflora ‘Little Gen’XX XX X Wax Myrtle Myrica cerifera X X XX X X Red Bay Persea barbonia XX Indian Cherry Rhamnus caroliniana X XX X X Mexican Fan Palm Washingtonia robusta XConservation Spaces and LandformsRural heritageRegional EdgeNeighborhood EdgeCommercial EdgeOpen Space EdgeGathering SpacesRecreational parksTown ArterialRegional ArterialTrailsEvergreen Trees (minimum 6' installation height)Pastoral Connector Plan ElEmEnts: town DEsign structurE Plan 227 Common Name Botanical Name American Beautyberry Callicarpa americana X XXX X Eleagnus Elaeagnus macrophylla ‘Ebbenji’ XX X X Coral Bean Erythrina herbacea X XXXX X Forsythia Forsythia intermedia X XXXXX X Red Yucca Hesperaloe parviflora X XXXXXXX X X Oakleaf Hydrangea Hydrangea quercifolia XX Holly var.Ilex spp.XX X Dwf. Yaupon Ilex vomitoria 'nana'XX Virginia Sweetspire Itea virginica X XXXX X Juniper var.Juniperus var.X XXX X X Manzanita Malphigia glabra X X XXX X X X Miscanthus Miscanthus spp.X XX X Muhlenbergia Muhlenbergia spp.X X XX XXX X X Dwarf Wax Myrtle Myrica cerifera XX Nandina Nandina domestica XX Switchgrass Panicum virgatum X XXXXXXX X Needle Palm Rhapidophyllum hystrix X Indian Hawthorn Rhapiolepis indica XX Aromatic Sumac Rhus aromatica X XXX X X X X Sumac Rhus glabra X XXX X X X X Spirea var.Spirea X XX X Anthony Waterer Spirea Spirea X Bumalda 'Anthony Waterer'XXXXXXXXX Viburnum Viburnum spp.X X XXX XCommercial EdgeOpen Space EdgeGathering SpacesRecreational parksConservation Spaces and LandformsRural heritagePastoral ConnectorTown ArterialRegional ArterialTrailsRegional EdgeNeighborhood EdgeShrubs (minimum 5 gal. 24" o.c. Installation) Westlake Comprehensive plan Update228 Common Name Botanical Name Inland Sea Oats Chasmanthum latifolium X XXXXX X X Winter Creeper Euonymous fortunei 'Coloratus'X XX X Spider Lilly Hymenocallis sp.X Trailing Lantana Lantana sellowiana X X XXXXXXX X Agapanthus Africanus Lily of the Nile XX Liriope var.Liriope spp.XX X Ophiopogon Ophiopogon japonicus XX X Southern Woodfern Thelypteris kunthii XX X Asian Jasmine Trachelospermum asiaticum X XX X Groundcover (minimum 4" pot 4" o.c. Installation)Pastoral ConnectorTown ArterialRegional ArterialRecreational parksConservation Spaces and LandformsRural heritageTrailsRegional EdgeNeighborhood EdgeCommercial EdgeOpen Space EdgeGathering Spaces Plan ElEmEnts: town DEsign structurE Plan 229 Example Canopy Trees: Drummond Red Maple October Glory Maple Sweet Gum Black Gum White Oak Burr Oak Swamp Chestnut Oak Live Oak Cedar Elm Bald Cypress Slash Pine Westlake Comprehensive plan Update230 Example Ornamental Trees: Redbud Fringe Tree Titi Possumhaw Mexican Plum Vitex Plan ElEmEnts: town DEsign structurE Plan 231 Example Evergreen Trees: Japanese Blueberry Nellie R. Stevens Holly Foster Holly Eastern Red Cedar Wax Myrtle Red Bay Westlake Comprehensive plan Update232 Example Shrubs: Abelia American Beautyberry Coral bean Red Yucca Virginia Sweetspire Juniper Var. Manzanita Sumac Anthony Waterer Spirea Viburnum Plan ElEmEnts: town DEsign structurE Plan 233 Example Ground Cover: Ardisia Inland Sea Oats Winter Creeper Trailing Lantana Spider Lilly Westlake Comprehensive plan Update234 Street Sections: The following palette illustrates standard sections for the Pastoral Collector, the Town Arterial, and the Regional Arterial. The first image in the palette is a transect that illustrates how the three Street Types differ in terms of: 1. Natural to Urban Organization of the Landscape: The pastoral areas are identified by a plant type and planting pattern that has the appearance of a naturally formed, drifted landscape. Here, the view from the road is meant to be the view of Westlake’s characteristically beautiful and undisturbed natural condition. As one approaches the more urbanized areas, the street planting becomes more ordered and lineal. 2. Motorial to Directed Street Alignment: The rolling topography of Westlake is experienced by gracefull, curvilinear streets with a variable width median. The alignments are truly responsive to the landscape condition. However, as the context is more developed/ urbanized, the streets become straighter and transform from parkway into boulevard. STREET TYPE STREET SECTION Street Type Transect Pastoral Collector STREET SECTIONS PALETTE Plan ElEmEnts: town DEsign structurE Plan 235 STREET TYPE STREET SECTION Town Arterial Regional Arterial STREET SECTIONS PALETTE Westlake Comprehensive plan Update236 Lighting and Signal Palette: The street lighting palette builds upon the lighting already being used along Solana Boulevard (the Town Arterial) and Westlake Parkway (the Regional Arterial). STREET TYPE STANDARD/ FIXTURE/ HARDWARE Pools of light, not continuous illumination. Rural Coop Lighting. A pole mounted light such as the following by Sternberg Lighting with single arm, mounted to a simple square pole. This is compatible with the Regional Road fixture. STREET LIGHTING AND SIGNAL PALETTE Pastoral Collector Plan ElEmEnts: town DEsign structurE Plan 237 STREET TYPE STANDARD/ FIXTURE/ HARDWARE Building upon the fixtures already installed along Solana Boulevard. Possibly a close derivation such as the Villa by Sternberg Lighting or others by BEGA. Town Arterial STREET LIGHTING AND SIGNAL PALETTE Westlake Comprehensive plan Update238 STREET TYPE STANDARD/ FIXTURE/ HARDWARE Building upon the fixtures already installed along Westlake Parkway. Possibly a close derivation such as the Gallery 1970 by Sternberg Lighting Lights should have banner arms such as these by Sternberg Lighting Regional Arterial STREET LIGHTING AND SIGNAL PALETTE Plan ElEmEnts: town DEsign structurE Plan 239 Pedestrian Furniture and Information Systems: Pedestrian furniture should be simple, sculptural, and not overly reminiscent of an historical period. Like the commercial architecture of the Town, the street furniture should be elegant in its simplicity. TYPE SELECTION AND CHARACTERISTICS A simple slatted bench which is both timeless and elegant such as the Parc Vue by Landscape Forms or the bottom image from Tolar Industries. A simple 4 sided or round kiosk advertising structure such as these provided by Matrix Media National and Outdoor Media. STREET/PLAZA FURNITURE AND INFORMATION SYSTEMS PALETTE Benches Kiosks Westlake Comprehensive plan Update240 TYPE SELECTION AND CHARACTERISTICS A classic wire mesh receptacle such as the Parc Vue Litter Receptacle or the ribbed one by Tolar Industries. A simple sculptural shape such as the Pi Bike Rack from Landscape Forms A simple shape that can also provide pedestrian lighting such as the Annapolis by Landscape forms or the 7740, 7741, and 8554 by BEGA Bollards STREET/PLAZA FURNITURE AND INFORMATION SYSTEMS PALETTE Trash Receptacle Bike Racks Plan ElEmEnts: town DEsign structurE Plan 241 Bridges: Future bridges should continue the basic bridge types that exists in Westlake today. BRIDGE TYPE BRIDGE APPEARANCE Hillwood has set the theme for treatment of Highway 114 and Highway 170 Overpasses The Town has already set the theme for general bridges. BRIDGE PALETTE All Highway 114 and 170 overpasses All bridges within the Town Westlake Comprehensive plan Update242 Other Visual Themes Palette: The following palette presents a set of other visual themes for monuments, signage, and intersections. These visual themes seek to employ a unified use of material and forms to create an overarching visual character that is uniquely Westlake. Much of this section builds on work done for the Town of Westlake by Townscape. TYPE THEMATIC APPEARANCE When a Town Roadway intersects a Town Roadway When a Town Roadway intersects a Regional Roadway When a Town Roadway intersects a Pastoral Roadway OTHER VISUAL THEMES PALETTE Plan ElEmEnts: town DEsign structurE Plan 243 TYPE THEMATIC APPEARANCE Hillwood has already set the theme for overpass monuments. Continue the vernacular of stone and simple forms that remember the forms at Solana Continue the vernacular of stone as suggested by Townscape in this image from their Streetscape Plan Overpass Monuments Underpass Monuments Southern Entry Monuments OTHER VISUAL THEMES PALETTE Westlake Comprehensive plan Update244 TYPE THEMATIC APPEARANCE Continue the vernacular of stone and simple forms that remembers the themes already in place Continue the vernacular of stone and simple forms that remembers the themes already in place A sign concept developed by Townscape Way Finding Premise Signage Trail Heads OTHER VISUAL THEMES PALETTE Plan ElEmEnts: town DEsign structurE Plan 245 TOWN DESIGN STRUCTURE PLAN The following Town Design Structure Plan illustrates the various Urban Design Initiatives (intersections, portals, monumentation, etc.), described above, as they are arrayed within the fabric of Westlake. The essence of this Town Design Structure Plan is to visually pull together the various landmark and thematic features installed by private (such as the towers at Solana) and public (such as the bridges along Dove Road) parties and create a unified identity for the Town. Continued fragmented efforts will ultimately make it impossible to communicate a single coherent identity. It is important to see that the following compositional features of cognitive structure are established in this Plan Element: 1. Creation of a major town focal point within the heart of its commercial areas that functions as an organic Town Common. 2. Visual separation of roadway type with the Regional and Pastoral Roadway Types emanating out from the Town System, making the Town System the hub of movement within Westlake. This implements citizens’ desire to have a town hub in Westlake. 3. Demarcation of the interface between Town System and Regional System with special intersection design (vertical and horizontal design). 4. Demarcation of the interface between the Town System and the Pastoral System with special intersection design (vertical and horizontal design). 5. Using the present visual differences between over pass and underpass monumentation in Westlake, create a pattern of monumentation types where all over passes establish a visual distinction that builds off the present appearance of Westlake Parkway and all under passes establish a visual distinction that builds off the present appearance of Solana Boulevard. 6. Demarcation of Westlake’s southern edge (important to maintenance of market distinction) with a distinctive roadway portal monument. 7. Demarcation of the entry to Westlake’s pastoral region with horizontal deflection and traffic calming installations (narrowing of the pastoral street at its intersection with the Town Roadways with landscaped “neck- downs” that discourage entry by pass- through traffic flows. Westlake Comprehensive plan Update246TOWN DESIGN STRUCTURE PLANDISCLAIMER: The location of urban design elements, not located within a street right of way and shown on the Town Design Structure Plan, in no way modifies any approved PD Plan, PD Ordinance, or zoning. The location of Ur-ban Design Elements (other than those located within the a street right of way) is to be determined through a cooperative Town/ property owner process which takes place as site plans, requests for amendment of any existing Planned Development Ordinance, and/or requests to transfer commercial square footage from one land use district to another are submitted for Council approval (when the legal mechanism for such transfer has been adopted by the Town of Westlake). See Section D of the Implementation Plan for trigger points and other policy related information.The essence of this Town Design Structure Plan is to visually pull together the various landmark and thematic features installed by private (such as the towers at Solana) and public (such as the bridges along Dove Road) parties and create a unified identity for the Town. Therefore, the Town Design Structure defines a typology of design that articulates hier-archy, sequence, portal, focal point, and sub-district in visual terms. More specifically, the Design Settings are:• Streets: Streets are the primary experiential venue from which resi-dents and visitors gather identifying images and impressions. Also, streets are essential to understanding location and progress toward a destination. There are three distinct streetscapes recommended for Westlake that build upon the streetscapes already in place.• Intersections: A key aspect of streets is the character of important intersections. Important intersections include:o Intersection of a Town Arterial with a Pastoral Collector: These happen at places where Dove Road and the southern portions of Roanoke Road intersect with new east/ west arterials.o Intersection of a Town Arterial with another Town Arterial: These happen in places where the two main east to west arterials of the Town System are tied together by north/ south connectors.o Intersection of a Town Arterial with a Regional Arterial: These happen where the east west Town Arterials intersect with a pri-mary commercial street of the Regional Community that connects with Highway 114.TOWNSCAPEIntersection of a Town Arterial with a Pastoral CollectorIntersection of a Town Arterial with a Town ArterialIntersection of a Town Arterial with a Regional Arterialthe town Design structure Plan Explanation of Potential Comp Plan Amendment relative to discussion of Schwab Way December 10, 2018 Town Council Meeting Workshop Item 5b The Town Design Structure Plan (specifically, page 207 of the 2015 Comprehensive Plan) states that “each Street Type has its place in a recognizable hierarchy that communicates both the image identified as Westlake and one’s location within Westlake. This is accomplished with landscaping, street lighting, street signage, information systems, and street section design that typifies the Street Type. A progressive intensification of identifying elements (along certain streets) communicates movement from edge to center”. With this language in mind, particularly with regard to “communication of movement”, staff proposes a potential amendment to this section of the plan that creates specific street lighting illumination zones (shown on the next page). These illumination and light spacing zones would be based on roadway type wherein specific fixture types are not the primary focus so much as photometric cones and patterns of illumination. •The types are broken down as follows and depicted on the map on the next page: 1.Urban light level: where secondary photo metric cones can touch...even overlap in a limited number of areas...but...the primary photo metric cones are independent...do not touch. 2.Parkway light level: where clusters of light fixtures allow secondary photo metric cones to touch/overlap within the cluster only. Primary photometric cones do not touch. 3.Rural light level: which is limited to isolated pools of light...usually at intersections. 4.Thematic light level: where secondary photometric cones touch/overlap at intersections and street scale fixtures are generally limited to intersections or other places of safety need and the lighting between street fixtures is achieved with Pedestrian scale trail lighting (bollards or other pedestrian scale fixture). Landscape lighting may also be used. It is a landscape illuminated presentation. This could be the feel of the Town edge. Comments on Hillwood’s Schwab Way proposal specific to the policy proposal above: Page three shows the light fixture type proposed by Hillwood for Schwab Way, while page four shows the fixture recommended by the Comprehensive Plan for a regional arterial roadway. The way the diagram on the following page is drawn, there is room for a new fixture type, as per the fixture proposed by Hillwood. Most of the Urban light level District is west, on Hillwood property. Given the Schwab Way photometric, shown by Hillwood in their submittal, the illumination generally conforms to the standard shown herein. However, there are a few exceptions at the turn from SH 114 onto Schwab Way where there should be fewer, not more lights. Also, the depth of transition from Thematic Edge to Urban Level in this area is not shown. Therefore, these two areas should be addressed. Summary: Pending Town Council discussion, staff may bring forward an amendment to the relevant section of the 2015 Comprehensive Plan described above at the next regular Town Council meeting. Page 1 of 4 Proposed Street Lighting Theme Areas Page 2 of 4 Schwab Way LighƟng Fixtures Proposed by Hillwood Page 3 of 4 Westlake Comprehensive plan Update238 STREET TYPE STANDARD/ FIXTURE/ HARDWARE Building upon the fixtures already installed along Westlake Parkway. Possibly a close derivation such as the Gallery 1970 by Sternberg Lighting Lights should have banner arms such as these by Sternberg Lighting Regional Arterial STREET LIGHTING AND SIGNAL PALETTE 2015 Forging Westlake Comprehensive Plan - Town Design Structure Plan Page 4 of 4 Ordinance 878 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 878 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN, AMENDING THE TOWN DESIGN STRUCTURE PLAN ADDING GUIDELINES FOR URBAN LIGHTING ZONES. THE CHANGES ARE LIMITED TO EXHIBIT A. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council approved Ordinance 199 adopting a Comprehensive Plan for the Town; and WHEREAS, on March 2, 2015, the Town Council approved Ordinance 747 adopting a new Comprehensive Plan ("Forging Westlake") for the Town; and WHEREAS, on February 26, 2018, the Town Council approved Ordinance 845 approving an amendment to the Land Use Plan map; and WHEREAS, new roadways are being constructed and will continue to be constructed in the Town in conjunction with new development activity; and WHEREAS, given current and future development activity, staff proposes amendments that provide guidelines for urban lighting zones whereby various recommendations for illumination patterns along the Town’s roadway system are defined and depicted; and WHEREAS, upon the recommendation of the Westlake Planning and Zoning Commission on February 11, 2019, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that this Ordinance should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town of Westlake hereby approves amendments to the Town Design Structure Plan, as shown in Exhibit A. Ordinance 878 Page 2 of 2 SECTION 3: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY, 2019. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 878 Urban Lighting Zones: For any lighting placed within and along roadways in the Town, the patterns of illumination from this lighting shall be consistent with the categories shown below and on The proposed types are broken down as follows and depicted on the Urban Lighting Plan map below: 1. Regional Arterial - Urban light level: where secondary photo metric cones can touch or overlap in a limited number of areas but the primary photo metric cones are independent and do not touch. 2. Town Arterial - Parkway light level: where clusters of light fixtures allow secondary photo metric cones to touch/overlap within the cluster only. Primary photometric cones do not touch. 3. Pastoral Roadway - Rural light level: which is limited to isolated pools of light, usually at intersections. 4. Rural Arterial - Thematic light level: where secondary photometric cones touch/overlap at intersections and street scale fixtures are generally limited to intersections or other places of safety need and the lighting between street fixtures is achieved with Pedestrian scale trail lighting (bollards or other pedestrian scale fixture). Landscape lighting may also be used. It is a landscape illuminated presentation. This could be the feel of the Town edge. WESTLAKE COMPREHENSIVE PLAN UPDATE PAGE 239 Ordinance 878 The Urban Lighting Plan WESTLAKE COMPREHENSIVE PLAN UPDATE PAGE 240 Page 1 of 2 WESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Conduct a public hearing and consideration of an ordinance of the Town of Westlake amending Chapter 102, “Zoning” Article 6 “Performance Standards”, Division 2 “Outdoor Lighting”, Sections 102-206 through 102-240 by providing for new definitions and new provisions for outdoor lighting. STAFF CONTACT: Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 11, 2019 Completion Date: February 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On January 22, 2001, Ordinance 386 established the outdoor lighting standards of the town. In the past eighteen years, there have been several studies and innovations including but not limited to safety and security, efficiency and energy, LED lighting, light pollution, etc. for outdoor lighting. The proposed ordinance is intended to amend the outdoor lighting standards of the code of ordinances by providing new definitions, standards and regulations for review of lighting fixtures Page 2 of 2 in the Town of Westlake based on the modernizations in lighting technology from the past decade. As the Council knows, Westlake sets itself apart from neighboring communities in the DFW metro area and outdoor lighting is no exception to this rule. However, there are few municipalities in the area that have lighting requirements and the few municipalities that do are not at as regulative as what you may find in our current code of ordinances. In many regards, Westlake is a pioneer for outdoor lighting and Dark Skies lighting requirements in the DFW metroplex. As such, Westlake looked to other like-minded cities for inspiration such as Sedona and Flagstaff, Arizona to expand the outdoor lighting policies of the town (Sedona and Flagstaff are best known for being the first members of the International Dark Skies Community). As effective as Westlake’s outdoor lighting ordinance is in its current state, the new provisions are intended to provide more clarity as to what is assessed for staff, commission, and council as well as clearer requirements for what developers and contractors need upon plan submittals. The new ordinance also provides for special use lighting such as security, canopies, street lighting (in companionship with the new Comprehensive Plan amendment on Urban Lighting Zones), architectural, and parking lots/garages. The Town of Westlake’s current Outdoor Lighting standards may be found here. PLANNING AND ZONING COMMISSION On February 11, 2019, the Planning and Zoning Commission recommended approval of this item by a (5-0) vote. RECOMMENDATION Staff recommends approval of this ordinance. ATTACHMENTS Proposed Ordinance 879 for consideration. Ordinance 879 Page 1 of 22 TOWN OF WESTLAKE ORDINANCE NO. 879 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 102, “ZONING” ARTICLE 6 “PERFORMANCE STANDARDS”, DIVISION 2 “OUTDOOR LIGHTING”, SECTIONS 102-206 THROUGH 102-240 BY PROVIDING FOR NEW DEFINITIONS AND NEW STANDARDS FOR OUTDOOR LIGHTING; 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 of the Town of Westlake finds it necessary for the public health, safety and welfare that new standards for outdoor lighting be adopted; and WHEREAS, the Town Council of the Town of Westlake adopted Ordinance 386 on January 22, 2001 establishing outdoor lighting standards for the Town of Westlake; and WHEREAS, the Town Council of the Town of Westlake has adopted a Comprehensive Plan for the Town of Westlake established by Ordinance 747; and WHEREAS, the Town Council of the Town of Westlake has amended the Comprehensive Plan by providing Urban Lighting Zones established by Ordinance 878; and WHEREAS, the Town Council of the Town of Westlake has a desire to be a dark-skies community; and WHEREAS, upon the recommendation of the Town of Westlake Planning & Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments Section 102-206 through 102-240 of the Town of Westlake Code of Ordinances should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 102, “Zoning” Article 6 “Performance Standards”, Division 2 “Outdoor Lighting”, Sections 102-206 through 102-240 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: Ordinance 879 Page 2 of 22 CHAPTER 102 ZONING ARTICLE VI PERFORMANCE STANDARDS DIVISION 2. OUTDOOR LIGHTING Section 102-206 Definitions. Accent lighting. Lighting used to emphasize or draw attention to a special object or building. Adaptive Controls. Devices such as motion sensors, timers and dimmers used in concert with outdoor lighting equipment to vary the intensity or duration of operation of lighting. Advertising searchlight. An outdoor advertising device used to direct beams of light upward. Ambient light. The general overall level of lighting in an area. Brightness. Strength of the sensation that results from viewing surfaces from which the light comes to the eye. Bulb or lamp. The source of electric light. To be distinguished from the whole assembly (see luminaire). Lamp often is used to denote the bulb and its housing. Candela (cd). Unit of luminous intensity. One candela is one lumen per steradian. Formerly called the candle. Candlepower. Luminous intensity expressed in candelas. Candlepower distribution curve. A plot of the variation in luminous intensity of a lamp or luminaire. Commission Internationale de l’Eclairage (CIE). The International Commission on Illumination. Sets most lighting standards. Coefficient of Utilization (CU). Ratio of luminous flux (lumens) from a luminaire received on the “work plane” [the area where the light is needed] to the lumens emitted by the luminaire. Color Rendering Index (CRI). A measure of the accuracy with which a light source of a particular CCT renders different colors in comparison to a reference light source with the same CCT under normal daylighting. A high CRI provides better illumination with the same or lower lighting levels. Compact fluorescent. A discharge lamp having a coating of fluorescent material on its inner surface and containing mercury vapor whose bombardment by electrons from the cathode provides ultraviolet light which causes the material to emit visible light. Correlated Color Temperature (CCT). A measure in degrees Kelvin (°K) of light’s warmness or coolness. Lamps with a CCT of less than 3,200 °K are pinkish and considered warm. Lamps with a CCT greater than 4,000 °K are bluish–white and considered cool. Ordinance 879 Page 3 of 22 Cosine law. Illuminance on a surface varies as the cosine of the angle of incidence of the light. The inverse square law and the cosine law can be combined. Cut off angle, of a luminaire. The angle, measured up from the nadir (i.e. straight down), between the vertical axis and the first line of sight at which the bare source (the bulb or lamp) is not visible. Cutoff fixture. An IES definition “Intensity at or above 90° (horizontal) no more than 2.5% of lamp lumens, and no more than 10% of lamp lumens at or above 80°”. Dark adaptation. The process by which the eye becomes adapted to a luminance less than about 0.03 candela per square meter (0.01 footlambert). Diffuser. A device used to distribute light from a source. Dimmer. Dimmers can reduce the input power requirements and the rated lumen output levels of in- candescent and fluorescent lights. Fluorescent lights need special dimming ballasts. Dimming incandescent lights reduces their efficiency. Disability glare. Glare resulting in reduced visual performance and visibility. It is often accompanied by discomfort. Discomfort glare. Glare that produces discomfort, but does not necessarily diminish visual performance. Efficacy. The ratio of light output to its consumption of power, measured in lumens per watt (lm/W), or the ability of a lighting system to produce the desired result. Efficiency. A measure of the effective or useful output of a system compared to the input of the system. Energy (radiant energy). Unit is erg, or joule, or kWh. Façade lighting. The illumination of the exterior of a building. Fixture. The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts. Fixture Lumens. A light fixture’s light output after processing of emitted light by optics in that fixture. Fixture Watts. The total power consumed by a fixture. This includes the power consumed by the lamp(s) and ballast(s). Floodlight. A fixture designed to “flood” a well defined area with light. Flux (radiant flux). Unit is erg/sec or watts. Footcandle. Illuminance produced on a surface one foot from a uniform point source of one candela. A footcandle is equal to one lumen per square foot. Ordinance 879 Page 4 of 22 Footlambert. The average luminance of a surface emitting or reflecting light at a rate of one lumen per square foot. Full-cutoff fixture. An IES definition; “Zero intensity at or above horizontal (90° above nadir) and limited to a value not exceeding 10% of lamp lumens at or above 80°”. Fully shielded. A luminary constructed or shielded in such a manner that all light emitted by the luminary either directly from the lamp or indirectly from the luminary, is projected below the horizontal plane through the luminary's lowest light emitting part as determined by photometric test or certified by the manufacturer. Glare. Direct lighting emitted from a luminary that causes reduced vision or temporary blindness. Intense and blinding light that reduces visibility. A light within the field of vision that is brighter than the brightness to which the eyes are adapted. Halogen lamp. A specialized type of incandescent lamp which has a significantly hotter filament than conventional incandescent lights. Rather than filling the bulb with an inert gas, the halogen bulbs use a highly reactive element. The resulting reaction produces a significantly brighter light and at extremely high temperatures. HID lamp. In a discharge lamp, the emitted energy (light) is produced by the passage of an electric current through a gas. High-intensity discharge (HID) include mercury, metal halide, and high pressure sodium lamps. Other discharge lamps are LPS and fluorescent. Some such lamps have internal coatings to convert some of the ultraviolet energy emitted by the gas discharge into visual output. High pressure sodium (HPS). A high intensity discharge lamp where radiation is produced from sodium vapor at relatively high partial pressures (100 torr). HPS is essentially point source light. Horizontal plane. A line horizontal to the lowest point on the fixture from which light is emitted. House-side shield. Opaque material applied to a fixture to block the light from illuminating a residence or other structure being protected from light trespass. Illuminance. Density of luminous flux incident on a surface. Unit is footcandle or lux. Illuminating Engineering Society of North America (IES or IESNA). the professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting. Incandescent lamp. Any lamp that produces light by heating a filament through use of an electric current. Infrared radiation. Electromagnetic radiation with longer wavelengths than those of visible light, extending from the nominal red edge of the visible spectrum at 700 nanometers to 1 mm. Intensity. the degree or amount of energy or light. Ordinance 879 Page 5 of 22 Internally Illuminated Architecture. Any architectural element including walls or portions of buildings that is internally illuminated and that is not a sign, windows, or doors. International Dark-Sky Association (IDA, Inc.). A non-profit organization whose goals are to build awareness of the value of dark skies, and of the need for quality outdoor lighting. Inverse-square law. The illuminance at a point varies directly with the intensity, I, of a point source and inversely as the square of the distance, d, to the source. E = I / d2 kWh: Kilowatt-hour. A unit of energy equal to the work done by one kilowatt (1000 watts) of power acting for one hour. Lamp Life. The average life span for a specific type of lamp. Half of lamps will perform longer than the average; the others will fail before the average. LED. Light emitting diode. A semiconductor device that emits visible light when an electric current passes through it. LED, Narrow-Spectrum(Band) Amber. A light emitting diode (LED) with a peak wavelength between 585 and 595 nanometers and a full width at 50 percent power no greater than 15 nanometers. Light Pollution. Any adverse effect of artificial light. Light Quality. A measurement of a person’s comfort and perception based on the lighting. Light source. A device (such as a lamp) which produces visible energy as distinguished from devices or bodies which reflect or transmit light such as a luminary. Light Spill. The unwanted spillage of light onto adjacent areas and may affect sensitive receptors particularly residential properties and ecological sites. Light Trespass. The light from an artificial light source that is intruding into an area where it is not wanted or does not belong. Lighting Controls. The devices used for either turning lights on and off or for dimming. Photocells Sensors that turn lights on and off in response to natural light levels. Some advanced mode can slowly dim or increase the lighting. Low-Pressure Sodium (LPS) lamp. A discharge lamp where the light is produced by radiation from sodium vapor at a relatively low partial pressure (about 0.001 torr). LPS is a “tube source”. It is monochromatic light. Lumen. A unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. Lumen depreciation factor. The light loss of a luminaire with time due to the lamp decreasing in efficiency, dirt accumulation, and any other factors that lower the effective output with time. Luminaire. A complete lighting unit that usually includes the fixture, ballasts, and lamps. Ordinance 879 Page 6 of 22 Luminaire Efficiency. The ratio of the light emitted by the luminaire compared to the light emitted by the enclosed lamps. Luminance. At a point and in a given direction, the luminous intensity in the given direction produced by an element of the surface surrounding the point divided by the area of the projection of the element on a plane perpendicular to the given direction. Units: candelas per unit area. Luminary. A device or fixture containing a light source and means for directing and controlling the distribution of light from the source. Lux. One lumen per square meter. Unit of illuminance. Mercury lamp. A high intensity discharge lamp where light is produced by radiation from mercury vapor. Metal halide lamp. A high intensity discharge lamp where light is produced by radiation from metal halide vapor. Nadir. A point on the celestial sphere directly below the observer, diametrically opposite the zenith. Nanometer (nm). 10-9 meter. Often used as the unit for wavelength in the EM spectrum. Nonessential lighting. Lighting that is not required to ensure the security, safety and the general welfare of the public and the premises. Occupancy Sensors, Passive Infrared. A lighting control system that uses infrared beams to sense motion. When beams of infrared light are interrupted by movement, the sensor turns on the lighting system. If no movement is sensed after a predetermined period, the system turns the lights off. Occupancy Sensors, Ultrasonic. A lighting control system using high–frequency sound waves pulsed through a space to detect movement by depth perception. When the frequency of the sound waves change, the sensor turns on the lighting system. After a predetermined time with no movement, the system turns the lights off. Opaque. Material must not transmit light from an internal illumination source. Optic. The components of a luminaire such as reflectors, refractors, protectors which make up the light emitting section. Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. Includes all lights and luminous tubing used outdoors or in areas open to the outdoors, and lights used for external illumination of signs, but does not include lights used inside of internally illuminated signs or luminous tubing used in neon signs. For luminous tubes used outside of signage, output is calculated per linear foot of tubing rather than per lamp. For lamp types that vary in their output as they age (such as high pressure sodium, metal halide and fluorescent), the initial output, as defined by the lamp manufacturer, is the value to be considered. Ordinance 879 Page 7 of 22 Partially Shielded. Shielding so that the lower edge of the shield is at or below the centerline of the light source or lamp so as to minimize light transmission above the horizontal plane, or at least 90 percent of the emitted light projects below the horizontal plane as evidenced by the manufacturer's photometric data. Photocell. An electronic device that changes the light output of a luminaire dynamically in response to the ambient light level around the luminaire. Photometry or Photometric. The quantitative measurement of light level and distribution. Quality of light. A subjective ratio of the pluses to the minuses of any lighting installation. Reflector. An optic that achieves control of light by means of reflection (using mirrors). Refractor. An optic that achieves control of light by means of refraction (using lenses). Semi-cutoff fixture. An IES definition; “Intensity at or above 90° (horizontal) no more than 5% of lamp lumens and no more than 20% at or above 80°”. Shielding. An opaque, physical structure intended to restrict the transmission of light. Skyglow. Diffuse, scattered sky light attributable to scattered light from sources on the ground. Source Intensity. This applies to each source in the potentially obtrusive direction, outside of the area being lit. Spill Light. Light emitted by the lighting installation that falls outside the boundaries of the property on which the installation is sited. Spotlight. A fixture designed to light only a small, well-defined area. Stray light. The emission of light that falls away from the area where it is needed or wanted. Light trespass. Task Lighting. Task lighting is used to provide direct light for specific activities without illuminating the entire area. Ultraviolet light. Electromagnetic radiation with wavelengths from 400 nm to 100 nm, shorter than that of visible light but longer than X-rays. Uniformity ratio. A ratio of the smoothness of the lighting pattern or the degree of intensity of light or areas to be lighted. Uniformity is the ratio between the lowest and the mean illuminance level in the area to be evaluated (𝑢𝑢=𝐸𝐸𝑎𝑎𝑣𝑣𝑔𝑔𝐸𝐸𝑚𝑚𝑚𝑚𝑚𝑚). The lower the ratio the more uniform the lighting design. Value measurement, maximum. The measurement of light measured horizontal to the ground and three feet from the ground and directly beneath the light source. Value measurement, minimum. The measurement of light measured horizontal to the ground and three feet from the ground and midway between light sources. Minimum values are also the Ordinance 879 Page 8 of 22 measurements taken for inside structure measurements or in areas of generally uniform coverage such as canopies, ballfields, tennis courts, etc. Veiling luminance. A luminance produced by bright sources in the field-of-view superimposed on the image in the eye reducing contrast and hence visibility. Visibility. Being perceived by the eye. Seeing effectively. The goal of night lighting. Wallpack. A luminaire, typically affixed to the side of a structure, used for area lighting. Watt. The unit used to measure the electrical power consumption of a lamp. Section 102-207 Purpose. This ordinance is intended to establish procedures and standards that which will minimize light pollution glare, light trespass, and conserve energy and maintain the quality of the town’s physical and aesthetic character while promoting the best practices as established by the Illuminating Engineering Society of North America (IESNA) and the International Dark Sky Association (IDA). The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. Principles among these are: (a) Degradation of the nighttime visual environment by production of unsightly and dangerous glare; and (b) Lighting practices that interfere with the health and safety of Westlake’s citizens and visitors; and (c) Unnecessary waste of energy and resources in the production of too much light or wasted light; and (d) Interference in the use or enjoyment of property that is not intended to be illuminated at night by light trespass, and the loss of the scenic view of the night sky due to increased urban sky-glow; and (e) The impact of inappropriately designed outdoor lighting that disrupts nocturnal animal behavior, particularly migrating birds and other species. Section 102-208 Applicability. All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this division, the building code and the electrical code of the town as applicable and under appropriate permit and inspection. Except as approved otherwise by the Town Council, these performance standards shall apply to all zoning districts in the town. This ordinance shall apply to all outdoor lighting including, but not limited to, search, spot or floodlights for: (a) Buildings and structures; (b) Recreational use lighting; (c) Parking lot lighting; (d) Landscape lighting; Ordinance 879 Page 9 of 22 (e) Street and/or right-of-way lighting; (f) Other outdoor lighting. Section 102-209 Outdoor Lighting Plan. (a) Plan Submittal. An outdoor lighting plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-way, public easements, franchises and utility easements. The outdoor lighting plan shall be submitted prior to issuing a building permit. For nonresidential development the outdoor lighting plan must be approved by the Town Council. Except where required elsewhere, for residential developments, an outdoor lighting plan may be approved administratively by the Town Manager or their designee(s). (b) Applications. Plans shall include the following: (1) A site plan of the proposed fixture locations; (2) The luminous area for each proposed light source with photometrics in foot-candle measurement; (3) The average lighting level of the development; (4) The lamp type and height of the light fixture or of the light source above grade; (5) The type of illumination; (6) The cut-off angles of each fixtures; (7) The number of lumens and wattage of each fixture; (8) Color correlated temperature of each fixture measured in Kelvins as shown in Figure 1; (9) A plan to manage glow and glare on the outside of the structure by lighting produced by interior lights. The plan shall include descriptions of window shading, window tinting, structural screening, and operational arrangement of interior lights. (10) Such other information that the Town Manager or their designee(s) may determine is necessary to ensure compliance with this division. (c) Plan Approval. If the Town Manager or their designee(s) determines that any proposed lighting does not comply with this division, the permit shall not be issued nor the plan approved. Appeals may be made to the Town Council by the following the provisions of Section 102-217. (d) Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Town Manager or their designee(s) for approval, together with adequate information to assure compliance with this division, which must be received prior to substitution. (e) Certification of Installation. On projects where an engineer or architect is required, the developer shall verify in writing to the Town that all outdoor lighting was installed in accordance with the approved plans before the Certificate of Occupancy is issued. Until this certification is submitted, approval for use of a Certificate of Occupancy shall not be issued for the project. Ordinance 879 Page 10 of 22 (f) Record Drawings. In addition to the certificate of installation, a record drawing of the outdoor lighting plan, as-built, shall be provided upon completion of a development or project where any outdoor lighting was used by the architect or engineer of record. Section 102-210 General Regulations. (a) Preferred Source. Due to their high energy, long life, and spectral characteristics, Low- Pressure Sodium (LPS) lamps and Narrow-band amber LEDs (NBALED) are the preferred illumination source throughout the Town. Their use is to be encouraged, when not required, for outdoor illumination whenever their use would not be detrimental to the use of the property. In all applications where LPS lighting is required or preferred, an acceptable alternative is narrow-band amber LEDs. (b) Height of Fixtures. Lighting fixtures shall be a maximum of 16 feet in height for street lighting, right-of-ways, parking areas, and nonresidential zoning districts. Lighting fixtures shall be a maximum of 8 feet in height within non-vehicular pedestrian areas. Lighting fixtures within residential districts shall be no more than 12 feet in height and no light fixtures located within 50 feet of any residential district shall exceed 12 feet in height. Lighting fixtures affixed to signalized intersection shall be no more than 20 feet in height. (c) Light Emitting Diodes (LEDs). All LED lighting shall be dimmable and comport to all provisions of this division, unless specified otherwise. The following are preferred options for LED types in use with outdoor lighting: (1) Narrow-band amber LED (NBALED); (2) Phosphor-converted amber (PCALED); (3) Filter warm-white LED (FLED) (d) Lighting Temperature. All lighting must be less than 3000 Kelvins (K) per the correlated color temperature in Figure 1. FIGURE 1 KELVIN TEMPERATURE CHART (e) Lighting Control Requirements. (1) Automatic Switching Requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control Ordinance 879 Page 11 of 22 device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system, all with battery or similar backup power or device. (2) Motion Sensing. Motion sensing light fixtures shall be fully shielded and properly adjusted, according to the manufacturer’s instruction, to turn off when detected motion ceases. (3) Dimmable Lighting. Where possible, all outdoor lighting shall contain a dimmable option that comports with the standards of this division. (f) Lamp and Shielding. All light fixtures are required to be fully shielded and shall be installed in such a manner that the shielding complies with the definition of fully shielded light fixtures for all uses, including single-family, except as provided in Table 1. TABLE 1 LAMPING AND SHIELDING Lamp Type Shielding Low Pressure Sodium (LPS) Fully shielded, with 80° cut-off High Pressure Sodium (HPS) Fully shielded, with 80° cut-off Light Emitting Diode (LED) Fully shielded, with 80° cut-off Metal Halide Fully shielded, with 80° cut-off Halogen Prohibited Mercury Vapor Prohibited Fluorescent Fully shielded, with 80° cut-off Incandescent Fully shielded, with 80° cut-off Any light source 625 lumens and under Unshielded permitted Low intensity Neon, Krypton or Argon discharge tubes Unshielded permitted Ordinance 879 Page 12 of 22 FIGURE 2 ACCEPTABLE / UNACCEPTABLE LIGHTING FIXTURES Ordinance 879 Page 13 of 22 FIGURE 3 SHIELDING CONFIGURATION No Shield Internal Shield External Shield FIGURE 4 FIXTURE CUTOFF ANGLES (g) Total Outdoor Light Output. Light emitted from outdoor lighting is to be included in the total outdoor light output. Total outdoor light output shall not exceed 100,000 lumens per net acre for all nonresidential uses. Residential uses are evaluated on a per lot basis. Total outdoor light output shall be calculated as follows: (1) Light fixtures installed as described below shall be included in the total outdoor light output by adding 100 percent of the initial lumen outputs of the lamps used: a. All unshielded or partially shielded fixtures, regardless of location; b. Light fixtures installed on poles (such as parking lot light fixtures); c. Light fixtures installed on the side of buildings or other structures but not located as described in paragraphs (2) or (3). below; and Ordinance 879 Page 14 of 22 d. Light fixtures installed within open parking garages, or under canopies, building overhangs, or roof eaves that are not fully shielded or are fully shielded but not located as described in paragraphs (2) or (3) below. (2) Fully shielded light fixtures installed as described below shall be included in the total outdoor light output by adding only 25 percent (25%) of the initial lumen outputs of the lamps used: a. Fully shielded light fixtures located within open parking garages, or located under canopies, building overhangs, or roof eaves, where all parts of the light fixture are located at least five feet but less than 10 feet from the nearest outdoor opening, canopy, or overhang edge. (3) Fully shielded light fixtures installed as described below shall be included in the total outdoor light output by adding only 10 percent (10%) of the initial lumen outputs of the lamps used: a. Fully shielded light fixtures located within open parking garages, or located under canopies, building overhangs, or roof eaves, where all parts of the light fixture are located 10 feet or more from the nearest outdoor opening, canopy, or overhang edge. FIGURE 5 FREE STANDING & ATTACHED CANOPY SECTION (4) The Total outdoor light output shall not exceed the limits in Table 2 averaged over the entire development. All site lighting shall not exceed the intensities and uniformity ratios in Table 2 below, unless otherwise specified in this division. Ordinance 879 Page 15 of 22 TABLE 2 AVERAGE LIGHTING LEVELS Type of Lighting / Land Use Lighting Levels (footcandles) Minimum Average Maximum Architectural Lighting 0.0fc 1.0fc 3.0fc Canopy Area Lighting 0.5fc 2.0fc 5.0fc Entrances and Exits 0.5fc 1.5fc 5.0fc Loading and Unloading Areas 1.0fc 2.0fc 5.0fc Multifamily Residential 0.5fc 1.5fc 5.0fc Nonresidential 0.5fc 1.5fc 10.0fc Parking Lots / Vehicle Areas / Streets 0.25fc 1.0fc 5.0fc Public Facilities (recreational areas) 2.5fc 5.0fc 10.0fc Residential 0.0fc 1.0fc 5.0fc Security Lighting 0.20fc 1.0fc 5.0fc Walkways, Landscape or Decorative Lighting 0.0fc 1.0fc 3.0fc (g) Time Limits for Outdoor Lighting. All outdoor lighting shall be turned off at the times listed below. Decorative holiday lights are exempt in accordance with the regulations outlined in this division. (1) Nonresidential. All nonessential lighting shall be turned off no later than thirty (30) minutes after the business closes or after 11:00 p.m., whichever is later, and remain off for the remainder of the night or until the business reopens, leaving only necessary lighting for site security. (2) Residential. All nonessential lights exceeding 625 lumens shall be turned off after 11:00 p.m., leaving only necessary lighting for site security. (3) Recreational Facilities. All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m. (h) Sign Illumination. Standards for external and internal sign illumination are subject to the provisions in Chapter 70 – Signs of the code of ordinances. Light used for illumination of signs is included toward the total outdoor light output standards of this division. Ordinance 879 Page 16 of 22 Section 102-211 Illumination. (a) Illumination. Unless otherwise provided in this division, illumination, where required by this division, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended and the International Dark-Sky Association (IDA). (b) Measurement. Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted Illuminating Engineering Society of North America methods. (1) Meter Required. Lighting levels of outdoor lighting shall be measured in foot-candles with a direct reading portable light meter with a color and cosine corrected sensor with multiple scales. The meter shall read within an accuracy of plus or minus five percent. (2) Horizontal Method of Measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position. Readings shall be taken only after the cell has been exposed to provide a constant reading. (c) Computation of illumination. Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted Illuminating Engineering Society of North America method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the town. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and manmade objects. (d) Light Trespass Standard. No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that one-tenth of one footcandles of light measured at the residential property line and twenty-five hundredths of one footcandles at any adjoining nonresidential property line: TABLE 3 - LIGHTING AT PROPERTY LINES Zoning of Property Horizontal Foot-candles (fc) Residential districts 0.10fc Nonresidential districts 0.25fc Ordinance 879 Page 17 of 22 (e) Lumens. Brightness of a light fixture shall be measured in lumens. Where applicants may need to measure equivalency of lumens and watts, Table 4 below shall be used. Where a ratio is not listed in the table, the best practices as prescribed by the IESNA shall apply: TABLE 4 LUMEN-WATT EQUIVALENTS Light Output (Lumens) Power Consumption (Watts) Standard Incandescent Compact Fluorescent LED 200 L 25 W 6 W 4 W 450 L 40 W 9 W 8 W 800 L 60 W 14 W 13 W 1,100 L 75 W 19 W 17 W 1,600 L 100 W 23 W 20 W 2,000 L 125 W 33 W 22 W 2,400-2,600 L 150 W 43 W 28 W Section 102-212 Special Uses. (a) Security Lighting. (1) Unless otherwise provided in this division, all building lighting for security will be fully shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully shielded with 80-degree cut-off and shall not project above the fascia or roof line of the building. (2) Security fixtures shall not face residential uses. (3) Security fixtures shall not be substituted for parking area or walkway lighting and shall be restricted to loading, storage, service and similar locations. (b) Canopy Area Lighting. (1) Shielding. All development that incorporates a canopy type area including, but not limited to, service stations, automated teller machines, awnings, arcades, porte-cochere or similar installations shall use a recessed lens cover flush with the bottom surface of the canopy that provides a cutoff or shielded light distribution. Such shielding must be provided by the fixture itself and shielding by surrounding structures such as canopy edges is not permitted. Lighting along the canopy edge, side or roof is not permitted. Ordinance 879 Page 18 of 22 (2) Total Under-Canopy Output. The total light output used under service station canopies, defined as the sum of all under-canopy initial lamp outputs in lumens, shall not exceed 40 lumens per square foot of canopy and comply with the average lighting levels of Table 2. ∑𝐿𝐿𝑢𝑢𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿 𝑢𝑢𝐿𝐿𝑢𝑢𝐿𝐿𝑢𝑢 𝐶𝐶𝐶𝐶𝐿𝐿𝐶𝐶𝐶𝐶𝐶𝐶𝑆𝑆𝑆𝑆𝑢𝑢𝐶𝐶𝑢𝑢𝐿𝐿 𝐹𝐹𝐿𝐿𝐿𝐿𝐹𝐹 𝐶𝐶𝑜𝑜 𝐶𝐶𝐶𝐶𝐿𝐿𝐶𝐶𝐶𝐶𝐶𝐶<40 𝑙𝑙𝑢𝑢𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿 𝐶𝐶𝐿𝐿𝑢𝑢 𝐿𝐿𝑆𝑆𝑢𝑢𝐶𝐶𝑢𝑢𝐿𝐿 𝑜𝑜𝐶𝐶𝐶𝐶𝐹𝐹 (3) All lighting mounted under the canopy, including but not limited to light fixtures mounted on or recessed into the lower surface of the canopy and any lighting within signage (but not including any lamps mounted within the pumps and used to illuminate information indicating the total cost of such items as fuel pumped and price per gallon), shall be included in the total outdoor light output for the site and is subject to the standards of this division. (c) Entrances and Exits. All entrances and exits to buildings used for nonresidential purposes and open to the general public, along with all entrances and exits in multifamily residential buildings, shall be lighted to ensure the safety of persons and the security of the building. All lighting shall conform to average lighting levels of Table 2. (d) Parking Lots, Garages and Loading Area Lighting. (1) All lighting facilities shall be arranged as to reflect the illumination away from any adjacent property. Such lighting facilities shall provide illumination within parking areas and shall distribute not more than one-fifth (0.20fc) of a foot-candle of light upon any adjacent residential property. (2) Parking lots and vehicle movement areas shall not exceed a maximum illumination value of five foot-candles (5.0fc) or a minimum illumination value of one-fourth (0.25fc) foot-candle. Lamps in decorative lantern type fixtures shall not exceed a maximum of 1,600 lumens. Total pole and fixture height shall not exceed a maximum of 16 feet, measured from grade at the base. (3) All lighting facilities shall be placed, masked or otherwise arranged such that illumination or glare shall not intrude on residential property or create a hazard to motorists on any street, alley or other public or private right-of-way. (4) All light fixtures used on open parking garages, including those mounted to the ceilings over the parking decks, shall be fully shielded. (5) The lumen output of lamps mounted on or within open parking garages shall be included toward the total outdoor light output standards of this division. (e) Outdoor Recreational Facilities. Any light source permitted by this division may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, driving ranges, Ordinance 879 Page 19 of 22 outdoor arenas and amphitheaters, show areas, or other field recreation facilities and are subject to the following conditions: (1) Illumination. Any illumination level exceeding a maximum of ten foot-candles (10.0fc) must receive prior approval by the Council. (2) Shielding. All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up light, spill-light, and glare. (3) Time Limits. No illuminated sports facility shall be illuminated after the time limits outlined in this division, except to conclude a scheduled recreational or sporting event in progress prior to the time limitation. (f) Street Lighting. (1) Standards for street lighting installed on public rights-of-way must conform to the Town Engineering Standards and the Town’s Comprehensive Plan and the standards of this this division. (2) Street lighting installed on private rights-of-way shall be included within the total outdoor light output for the development. (3) Streetlights for both public and private right-of-ways are not exempt from the provisions of this division. (g) Internally Illuminated Architectural Elements. Any architectural element including walls or portions of buildings that are internally illuminated and that is not a sign or fenestration (e.g. windows or doors) shall have 100 percent of the initial lamp output of all lamps used to provide such illumination counted toward unshielded lighting for the purposes of calculating total outdoor light output for the site and is subject to the standards of this division. (h) Architectural, Aesthetic and Landscape Lighting. Architectural lighting used to illuminate the wall of a building or landscape lighting used to illuminate trees or other landscape elements is permitted. All building lighting for aesthetics shall be fully shielded type, not allowing any upward distribution of light and must be externally lit from the top and shine downward, except as provided below: (1) Architectural and landscape lighting that is directed downward onto a wall, tree or other landscape feature shall be included in the total outdoor light output standards provided in Table 2, based on whether a fully shielded or partially shielded light fixture is used; and (2) Architectural and landscape lighting that is directed upward onto a wall, tree or other landscape feature shall be included in the total outdoor light output standards provided in Table 2. Fixtures shall be located, aimed or shielded to minimize light spill into the night sky. (i) Emergency Lighting. Emergency lighting that is only turned on in the event of a power failure or when an alarm is activated is permitted in all zoning districts and is excluded from the total lumen calculations for the site. Ordinance 879 Page 20 of 22 (j) Neon Building Lighting. Neon building lighting is included in the total outdoor light output calculations for the site. Any unshielded neon lighting is limited by the unshielded lighting limits of this division. Section 102-213 Prohibited Lighting. (a) Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. (b) Cobra-head fixtures. Cobra-head-type fixtures having dished or drop lenses are prohibited. (c) Searchlights. The operation of searchlights for advertising purposes is prohibited. (d) Floodlights. The use of floodlights is prohibited. (e) Up lighting. Up lighting of display, building and aesthetic lighting is prohibited, except where provided otherwise in this division. (f) Halogen lights. Halogen lights are prohibited. (g) Mercury vapor lights. Mercury vapor lights are prohibited. (h) Flashing lights. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating or strobe light illumination. Section 102-214 Exemptions. The following are exempt from the provisions of this division: (1) Emergency Lighting by Emergency Services. All temporary emergency lighting needed by the Westlake Department of Public Safety or other emergency services, as well as all vehicular luminaries. (2) Holiday Decorations. Seasonal decorative lighting is exempt from the provisions of this division provided that individual lamps are less than 10 watts incandescent or equivalent lumens. (3) Solar Powered Lighting. Solar powered lights less than 5 watts incandescent or equivalent lumens per fixture used in residential landscaping application and to illuminate walkways are exempt from applicable lamp type and shielding standards, but must conform the average lighting levels of Table 2. (4) Public Art. Lighting for public monuments and statuary as recommended by the Westlake Public Art Competition Advisory Committee and approved by the Town Council are exempt from the standards of this division. (5) Construction. All outdoor lighting used for construction or major renovation structures and facilities are exempt from the provisions of this division unless specified elsewhere in this division or code of ordinances. (6) Swimming Pool and Decorative Water Fountain Lighting. Underwater lighting in swimming pools and other water features are exempt from the lamp type and shielding standards. Ordinance 879 Page 21 of 22 Section 102-215 Temporary Exemptions. (a) Upon approval by the Town Manger or their designee(s), temporary exemptions from the requirements of this division shall be for a period not to exceed 10 days. (b) Any person may submit a written request, on a form prepared by the town for a temporary exemption request. The request shall fulfill the same requirements as defined in in the Outdoor Lighting Plan standards of this division. (c) Requests for renewal or exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than 10 days or a time period designated by the Town Manager or their designee. (d) Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixtures. (e) Roadway and/or street lighting, whether public or private, is not eligible for exemption. Section 102-216 Nonconforming. (a) All luminaries lawfully in place prior to the date of the ordinance from which this division is derived shall be considered as having legal nonconforming status. However, any luminary that replaces a legal nonconforming luminary, or any legal nonconforming luminary that is moved, must meet the standards of this division, subject to the following conditions. (1) If a person makes any change or addition to an existing lighting system, the change or addition shall conform to the provisions of this division; (2) If a person makes any change or addition to an existing building which results in an increase in the size of the building by more than twenty percent (20%), the person shall ensure that all existing outdoor lighting shall conform to the provisions of this division. Section 102-217 Appeals to Town Council. An applicant shall have the right to appeal a decision of the Town Manager or their designee(s). All such appeals shall be heard by the Town Council. The appeal(s) shall be filed with the Town Manager or their designee(s) within twenty (20) days after the date of decision by the Town Manager or designee. After the hearing on the appeal for an application, the Town Council shall grant or deny the appeal. Section 102-218 – 102-240. - Reserved. SECTION 3: That all provisions not hereby amended shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of Ordinance 879 Page 22 of 22 the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25TH DAY OF JANUARY 2019. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ APPROVED AS TO FORM: Kelly Edwards, Town Secretary ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 16 Westlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, February 25, 2019 TOPIC: Conduct a public hearing and consideration of an Ordinance approving a rezoning request from R5-Country Residential to Planned Development District Number 7 (PD7) for approximately 37.798 acres located east of Pearson Lane and South of Aspen Lane, to include primarily single family residential uses, including a request for approval of a concept plan and development plan, and a specific use permit for private streets. STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 11, 2019 Completion Date: February 25, 2019 Funding Amount: N/A Status - Not Funded Source - N/A Pursuant to LCG 211.007(b) The Town Council may not take action, however discussion may ensue, on this item until the Planning and Zoning Commission makes a final recommendation. The Planning and Zoning Commission voted to continue this item, including the public hearing, at the February 11, 2019 meeting until the next regular Planning and Zoning Commission meeting on March 11, 2019. Page 2 of 16 EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Paul Pastore, Waterside Land Company, LLC, on behalf of property owner, J. Timothy Brittan, is requesting to develop a maximum 68 lot single family residential subdivision on approximately 37.8 acres located at the southeast corner of Aspen Lane and Pearson Lane. The proposed development would include a mix of attached and detached units. A previous request by the applicant, similar to this request, was withdrawn at the May 21, 2018 Town Council meeting, due to technical issues related to property ownership. The ownership issues have since been resolved and the applicant is submitting a new request. EXISTING CONDITIONS The subject property is currently zoned R5-Country Residential and is currently used as a large single family residential estate with accessory agricultural uses. The subject property contains a mix of unplatted and platted tracts. PROPOSED LAND USE The proposed development would include 16 attached single family units, each on an individual platted lot, and 52 detached single family units creating a total of 68 units on 68 lots. Other proposed uses include a health and wellness center, guardhouse and public park to be operated by the homeowner’s association. RESIDENTIAL DESIGN Residential Density. The current R5 zoning on the subject property requires a minimum lot size of five acres yielding a maximum residential density of 0.2 dwelling units per acre (dua). The proposed development would include a total proposed maximum density of 1.8 dua. Lot Delivery System. The development will include a “unique lot delivery system” whereby the developer also acts as the sole homebuilder. The applicant states that they, as the developer, “are fully committed to build this project (both land development and home construction) with the terms and conditions of that commitment, addressing unforeseen events, to be worked out in a development agreement with the Town.” STAFF RECOMMENDATION: The developer of this project shall be the builder of all units constructed therein, in compliance with the terms and conditions of such commitment laid out in the Town approved Developer Agreement or unless otherwise requested by the developer and approved by the Town Manager or designee for special conditions. Housing Types and Characteristics. As part of the attached development description, the applicant describes the proposed development as follows: “Spencer Ranch will be a unique “Lifestyle” community that will contain a maximum of 68 high-quality single-family attached and detached homes. The lots may be custom fitted to accommodate homes as they are purchased. Housing type, size, number of floors and the homeowner’s desire for larger or smaller footprints will impact lot size and configuration, and ultimately the total number of lots to be built upon. Larger lots may result in a lower total number of lots in the development.” The following is a breakdown of the proposed housing types in the development: Page 3 of 16 1. Promenade Estate Homes ‘Block A’ (14 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 80 feet d. Front Setback: 10 feet; or 5 feet (2) for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 0 feet; the principal structure may be located on the property line; the total length of the building to be located on the property line shall not exceed 20% of the average lot depth. staff recommendation f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest pitch. 2. South Side Villa Homes ‘Block B’ (15 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 70 feet d. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided e. Side Setbacks: 0 feet; the principal structure may be located on the property line; the total length of the building to be located on the property line shall not exceed 20% of the average lot depth. staff recommendation f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. When backing to the southern border and Oakmont Hills, there shall be a 40- foot minimum setback for the main house structure. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest roof pitch. 3. Brownstones ‘Block C’ (16 total units proposed) a. Housing Type: Single Family Attached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 40 feet d. Front Setback: 10 feet; or 5 feet (2) for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 0 feet g. Minimum Unit Size: 3,000 square feet h. Staff Recommended Rear Setback and Maximum Height: Any building with a top plate height greater than 24 feet must set back an additional 1.5 feet, from a minimum setback of 25 feet, for each 1 foot of additional plate height (hereinafter known as the setback building envelope). The maximum permitted top plate height is 35 feet. No portion of the structure may be project higher than the line created by this setback building envelope with the exception of balcony rails, chimneys, and cupolas, which may be taller than the setback building envelope. The maximum height for any portion of a building, exclusive of the exemptions cited above, is 45 feet. Page 4 of 16 Portions of a structure with a plate height less than 35 feet. may be located within the setback building envelope as illustrated in the shaded portion of the following diagram. As illustrated in the above diagram: • No building with a plate height of 35 feet may be closer to the common lot line with the adjacent Vaquero development than 41.5 ft. • No building with a plate height of 24 feet may be closer to the common lot line with the adjacent Vaquero development than 25 feet • No building with a plate height of 12 feet may be closer to the common lot line with the adjacent Vaquero development than 20 feet. • Any building with a plate height greater than 12 feet must provide a minimum 12 foot landscape buffer at the common property line with the adjacent Vaquero development. 4. Ridgeview Homes ‘Block D’ (6 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 65 feet d. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided i. Side Setbacks: 0 feet; the principal structure may be located on the property line; the total length of the building to be located on the property line shall not exceed 20% of the average lot depth. staff recommendation e. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. f. Minimum Unit Size: 3,000 square feet Page 5 of 16 g. Maximum Height: 35 feet from finished floor of the main living floor to the mid-point of the span of the highest pitch. 5. Meadows Villa Homes ‘Block E’ (11 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 70 feet d. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided e. Side Setbacks: 0 feet; the principal structure may be located on the property line; the total length of the building to be located on the property line shall not exceed 20% of the average lot depth. staff recommendation f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest roof pitch. 6. Golf Villa Homes ‘Block F’ (6 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 70 feet d. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided e. Side Setbacks: 0 feet; the principal structure may be located on the property line; the total length of the building to be located on the property line shall not exceed 20% of the average lot depth. staff recommendation f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest pitch. Other special setback provisions include: • Lots adjacent to Aspen Lane shall have a 25-foot minimum setback from Aspen Lane. • All homes shall be setback a minimum of 125 feet from Pearson Lane. • All homes shall be setback a minimum of 40 feet from the southern boundary line of the development. With regard to garages, Promenade and Estate homes are proposed to have a minimum of three enclosed parking spaces. All other homes are proposed to have a minimum of two garage parking spaces. Garage doors will be made of sectional wood or be wood clad. Garage doors are proposed to be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting. Regarding roofs, permitted roof materials are proposed to include: Page 6 of 16 1. High quality clay or concrete tile (with a thickness similar to clay). (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) 2. Metal: Traditional standing seam with standing folded and soldered seams. Allowed for porches and architectural features only. (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) 3. Flat or low-pitched roofing that is 2:12 pitch or less may be of any code approved material. The applicant proposes that exterior walls be composed of 80 percent masonry as required for all Residential Districts by the Code of Ordinances and have horizontal and vertical articulation or architectural delineation on all elevations. The applicant also states that the Westlake Building Quality Manual will be incorporated into design standards for the development. STAFF RECOMMENDATIONS RELATIVE TO DESIGN: • Homeowner’s Association – The development shall be governed by a Homeowner’s Association (HOA) that will be responsible for common area maintenance, guard house and amenity center maintenance, private street maintenance, front yard maintenance and enforcing the HOA Design Guidelines for the community. The Home Owners Association shall appoint an Architectural Review Committee that must have at least one (1) Texas Licensed Architect with experience in applying Design Guidelines and advising an Architectural Review Committee on matters of design. • Exterior Walls: Exterior walls shall meet the requirements of the Town’s Building Quality Manual as adopted by Resolution 18-02. • Design Guidelines: See final staff recommendation below. • Elevation Samples: All homes constructed in this development shall be generally consistent with the elevation samples provided by the applicant such that the primary articulation elements and general layout of the home on the lot are generally consistent with the elevations. Provided all other requirements are met, significant deviations from these elevations may be approved provided that both the HOA and the Town Manager or designee are in agreement. • All plans submitted for permit within Spenser Ranch shall be prepared by a Texas Licensed Architect and contain sufficient details required to explain the full exterior construction to a competent contractor. PARKS / OPEN SPACE / LANDSCAPING Open Space. The applicant proposes that 13 acres, or 34.4%, of the development will be dedicated to open space as follows: • “Approximately 8.9 acres of Private Open Space Page 7 of 16 • Approximately 3.6 acres of Public Open Space • Approximately 0.5 acres of Tree Preserve” Private open space would include an “health and wellness center” and a guardhouse. Exhibits are attached showing the proposed design of these amenities. The health and wellness center is proposed to include: • Exercise facility • Multi-use space • Restroom and changing facilities The applicant proposes that the health and wellness center be completed within a timeframe not to exceed the issuance of the 27th new home permit. Parkland Dedication. The Code of Ordinances requires that one acre of parkland be dedicated for every 30 residential dwelling units in a new residential development. Based on the proposal of 68 residential units, the applicant is required to provide a minimum of 2.26 acres of parkland. The Concept/Development Plan shows approximately 3.6 acres of proposed public parkland. The applicant proposes to dedicate the parkland to the Town, which would then be privately maintained by the HOA but will be publicly accessible outside of the perimeter development fence. According to the applicant, public park amenities will include: • Multiple Lakes • Public trail system with pet sanitation and watering stations • Areas designated for Public Art Competition • Trailhead parking • Historical landmark preservation of the Buck E. King historical marker Water features. The applicant states that the proposed development will be a “water themed community” with water features, as shown on the concept/development plan, playing a key aesthetic role in the development. Landscaping. The applicant states that: “Spencer Ranch will approach the total landscaping effort as one cohesive and comprehensive unit for the entire tract of land. The landscaping design will incorporate the vision of the entire tract using all aspects of the terrain, thus creating the “natural mosaic” the town prefers. Although installed in individual increments as each home is completed, the Spencer Ranch vision is to create an overlay of a full and comprehensive landscape plan that embodies the entire parcel of land and raises the standards in Westlake and is not prejudice to any one dwelling.” The applicant proposes to provide a master landscape plan subsequent to approval of the change in zoning and will include: • The establishment of a riparian tree corridor that defines the housing cluster zoning and further defines the water system is an important aspect of this community. Page 8 of 16 • Establishing forest and meadows using various types, sizes and species of trees developing a diverse over story. • Further definition will be given to the forest by using a native understory in certain areas of the community. • Weaving natural features such as bald cypress trees in and around the water system providing a more natural bank and greater complexity at the edge definitions. • Water themed community with the water emanating from the main community center water feature and acting as the “headwaters” for the water system. • A genuine effort will be made to save and protect old-growth trees. • Water features, trails, fencing, retaining walls and other architectural structures will be developed to the highest degree of thought thus impacting the community in a positive way. • Care will be given to how the landscaping and streets interact giving careful attention to the development of “social space” as it relates to this aspect. STAFF RECOMMENDATIONS RELATIVE TO PARKS, OPEN SPACE AND LANDSCAPING: • Landscaping: Prior to the approval of the preliminary site evaluation, the developer shall submit a master landscape plan for the development prepared by a State of Texas registered landscape architect. Said plan shall be reviewed for final approval by the Town Manager or designee. The plan may be forwarded to the Town Council for final approval at the discretion of the Town Manager. The final approved master landscape plan shall be included with the development agreement. At a minimum the plan shall include the following: 1. The Plan shall substantially comply with the Concept/Development Plan 2. The landscape plan shall reflect developer’s efforts to comply with the “landscape Integrity” objectives of the Town’s Comprehensive Plan and employ predominantly those plant materials (within the planting areas that define the cluster zones and lake edges) that are consistent with restoration of the natural mosaic. 3. Specifics on execution of the landscaping goals provided by the applicant including details of planting locations and types, quantities and schedule; 4. A detailed tree survey as required by the Code of Ordinances; 5. Any replanting requirements as part of required tree mitigation; 6. Specific planting and maintenance responsibilities of the developer versus the homebuilder and the homeowner’s association; 7. Details for guest parking in the development • Tree Preservation – All protected trees shall require mitigation upon damage or removal as required by the Code of Ordinances. Where possible, old growth trees and tree clusters should be preserved as identified in the master landscape plan. • Open Space: A minimum of 13 acres (34.4%) of the development shall be reserved as open space. All open space, including public and private, shall be substantially consistent with concept/development plan and shall preserve the existing Stock-pond Rural Landscape. Open space shall be distributed as follows: Page 9 of 16 a. Private Open Space: 8.9 acres minimum b. Public Open Space (Parkland): 3.6 acres minimum • Private open space amenities shall, at a minimum, include the following: 1. Gate house – The gatehouse shall be constructed and completed by the developer not later than final acceptance of public improvements and prior to the release of residential building permits. The gatehouse design shall be consistent with Exhibit XX. 2. Health and Wellness Center - The center shall be constructed on the property in the location shown on the concept/development plan. The developer shall build and complete this facility no later than the issuance of the building permit for the 27th home permitted in the development. No additional builder permits shall be issued in the development until the center is deemed complete by the Town Manager or designee. The health and wellness center shall be consistent with the elevations shown in Exhibit XX and shall include the amenities described in Exhibit XX. • Parkland Dedication – Parkland dedication as proposed by the developer is hereby approved subject to the following conditions: 1. Parkland dedication shall be consistent with the exhibits provided. 2. The gatehouse, including the property upon which the gatehouse is located, shall be owned and maintained by the HOA. 3. Maintenance responsibilities for the parkland shall be the responsibility of the developer/HOA. 4. Details of amenities, and final locations of parking and trails shall be approved as part of development agreement between the applicant/developer and the Town. • Water Features – Water features are a key component of the development, making this a “Water Themed” development as called for in the Town’s Comprehensive Plan. Water features shall be constructed by the developer as part of the required public improvements. Said features shall be located and designed as shown on concept/development plan and shall be maintained by the homeowner’s association. SIDEWALKS AND TRAILS The applicant states that there will be no typical concrete sidewalks in the development. Rather, walking trails (natural material) will be located along each side of the esplanade water feature, serving pedestrians on both sides of the divided main roadway and throughout the development. The applicant proposes to construct an internal trail system, as shown on the concept/development plan that “will facilitate pedestrian mobility within the community”. The public trail will be constructed along Pearson Lane within the public open space area from Aspen Lane south to the Town border. STAFF RECOMMENDATIONS: Page 10 of 16 • The internal trail/sidewalk system shall connect to the public trail system at access- controlled locations. The public trail, shall comply with all Town requirements and shall be generally located as shown in concept/development plan and shall be constructed by the developer as part of the required public improvements. FENCING The applicant states that Spencer Ranch will have a completely secure perimeter with contiguous fencing of various approved types employed in a manner consistent with the Concept/Development Plan. Perimeter Fencing. Perimeter fencing will contain a mix of decorative iron with masonry columns and masonry wall sections per the attached fence samples. Along the perimeter adjacent to the Vaquero Golf course (east), the applicant proposes to utilize the existing fence currently in place, which shall be cleaned and repainted black. Along the southern boundary of the development adjacent to the City of Keller, the applicant proposes to construct a “decorative iron fence with masonry columns”. Internal lot-to-lot fencing. For lot-to-lot fencing, the applicant proposes the following: Fences on individual lot property lines are generally prohibited, except as approved by the ARB for: • Dog runs • Swimming pool safety • Privacy for internal courtyards Fence Materials: Fences may be any of the following: • “Masonry • Wrought Iron, such fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. • Wood along property lines that are not in the discouraged yard space. Where wood fences are used, they should be supported by vertical tubular steel supports with at least 3 2x4 stringers supporting a wood fence design with a decorative wood cap detail. The finished face of the wood fence should face to the outside of the lot, if only 1 face is finished. Wood face • Welded tubular agriculture fences not located in a development where such a fence presents a contrast other fences of the development, and hosts and agricultural use or the fence is part of an agricultural theme is allowed. Page 11 of 16 Proposed Gate Materials: • Wood with frame members measuring a minimum of 1.5 inches thick and infill planks measuring a minimum of 1.5 inches thick. • Wrought Iron with the frame measuring a minimum of 1.5 inches square with pickets of at least ¾ in. square with welded connections. Such fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. “ STAFF RECOMMENDATIONS: • The perimeter of the development, not including the publicly owned areas, shall contain decorative iron fencing located in a manner substantially consistent with the Concept Development Plan and which preserves the sense of “open ground plane” as described in the Town’s Comprehensive Plan by the use of decorative iron fencing with masonry columns. Masonry wall sections shall be permitted as depicted in wall exhibits for the purpose of providing aesthetic accents, privacy, and/or shield undesirable vehicle light transmission as determined in the master landscape plan. • Individual property fences shall be minimalized in order to preserve the open ground plane and permitted for privacy needs, screening, and/or dog runs in ways that are consistent with HOA guidelines which must prevent isolation of the “lot” from the general ground plane. TRAFFIC, STREETS AND ACCESS All internal streets are proposed to be private. A Specific Use Permit for Private Streets, as required for private streets by the Code of Ordinances, is included as part of the rezoning application for the development. Streets are proposed to have “enhances finishes” although no details have been provided on the specific street enhancements. Three primary access points are proposed for the development: an entrance only access point from Pearson Lane and two entrances from Aspen Lane. Street access to Pearson Lane will require formal approval from the city of Keller. The city of Keller has provided preliminary approval for the street connection. Traffic Impact. The applicant provided a traffic impact analysis (TIA) for the development. According to the TIA methodology, the maximum 68 residential units proposed is projected to generate a total traffic impact of 672 vehicle trips per day. The TIA notes that all intersections affected by the development will continue to operate at a level of service (LOS) C or better, which complies with the recommendations of the Comprehensive Plan. The following are the final recommendations and conclusions of the TIA, which has been updated to account for the reduced number of units: Page 12 of 16 • The proposed development is expected to generate 672 trips on a daily basis. • Capacity analysis indicates that all the study area intersection approaches operate and will continue to operate at LOS C or better. • Projected traffic volume under the Build-out Year (2020) Total traffic conditions at the site driveways do not warrant right turn or left turn deceleration lanes along person lane at the proposed site Driveway 3 or at Aspen lane as well along Aspen Lane at the proposed site Driveway 1. • At the time of site visit and under existing conditions, adequate sight distance is predicted to be provided for all the site driveways. • All the site driveways are predicted to meet Town’s minimum spacing criteria. • Improve illumination at the intersection to increase nighttime visibility at the intersection of Pearson Lane and Aspen Lane. • East leg of the intersection of Aspen Lane at Pearson Lane should be relocated as far as possible to the north to eliminate the existing offset with Cielo Court. Staff recommends that the final two points above be addressed as a condition on the approval of the development. STAFF RECOMMENDATIONS: • Streets – An SUP is hereby granted for all community streets within PD7, which shall be private and constructed to Town standards. Streets shall include enhanced finishes and shall generally match the streetscapes shown in the attached Exhibit. Street lighting shall be located at all corners and intersections. Lights shall be low pedestal type fixtures that comply with Town standards and Comprehensive Plan recommendations as well as follow the Town’s low intensity lighting standards. • Access – Street access to the development from Pearson Lane shall require written final approval from the City of Keller. A street light shall be installed by the developer at the intersection of Aspen Lane and Pearson Lane. • Prior to the final acceptance of public improvements, the developer shall install intersection illumination improvements to the intersection of Aspen Lane and Pearson Lane such that the nighttime visibility of the intersection is improved. Said illumination improvements shall be detailed as part of the development agreement and shall require the final approval of the Town Manager or designee. • As part of the required development agreement, the developer shall provide to the Town a detailed proposal that includes the relocation of the intersection of Aspen Lane at Pearson Lane such that the intersection is moved as far as possible to the north to eliminate the existing offset with Cielo Court in the City of Keller. The proposal shall include preliminary engineering designs, cost estimates and any other plans deemed necessary by the Town Manager or designee. Final construction details may be included in the development agreement. Said agreement shall also detail final funding for the construction of the intersection improvement such that total cost is funded by the developer, unless specified otherwise in the agreement. Page 13 of 16 PUBLIC UTILITIES, DRAINAGE AND GRADING The applicant proposes to provide water to the development from the Town’s water system at two separate locations to create a looped-system. Regarding sewer, the applicant states that “the project engineer has met with town staff and performed the necessary calculations to determine that the public water and sewer systems can accommodate the additional loads anticipated to be generated by the proposed development and there are multiple access points available for connection to the public systems.” Duct bank will be constructed by the developer to the Town’s specifications. Stormwater runoff will utilize “a combination of natural grassed swales, detention ponds, and reflecting pools, connecting to the existing public street storm-water system.” Regarding grading, the applicant states that they are “committed to limitations on grading by allowing only that grading as is necessary to construct streets, infrastructure, development amenities, and individual homes. Waterside will prohibit the creation of lot pads and the use of side lot line retaining walls to create lot pads. Waterside will respect some exceptions where patios, drives, and pools are built that can be viewed as extensions of the home.” STAFF RECOMMENDATIONS: • Public Utilities – Water and sewer service shall be provided by the Town of Westlake to this development. The developer shall, at their cost, construct all necessary water and sewer system improvements per Town standards and shall secure any necessary easements. • Duct Bank - A Duct Bank system shall be installed by the Developer throughout the subdivision as required by Town ordinances. The Duct Bank shall be located within a utility easement, the final details of which shall be determined by the Town Manager or designee. The homebuilder shall tie into the Duct Bank prior to the Final Inspection for the home. • Stormwater – Stormwater facilities shall be installed by the developer and employ facilities that are recommended by the comprehensive plan. Final location and design of said facilities shall require the final approval of the Town Manager or designee. • Lot Grading – Grading and disturbance of land by the developer shall be restricted to areas necessary to construct streets, public infrastructure, development amenities, and approved water features. The pre-grading of individual residential lots by the developer for the purpose of creating a residential pad is hereby prohibited. PUBLIC ART The applicant states that “Waterside has a strong desire to support the arts in Westlake and will commit the following to a Public Art Competition: • “A competition site of a size to be determined, to place the art at Spencer Ranch in the Public Open Space Page 14 of 16 • A donation by Waterside of an amount to be determined will be outlined in the Economic Development Agreement.” STAFF RECOMMENDATION: As part of the development agreement, the developer agrees to submit a public art plan that shall be approved by the Town Manager or designee and generally conforms to the public art provisions contained in the development description as proposed by the developer. A Town of Westlake entry marker or monument may be included in this plan. COMPREHENSIVE PLAN ANALYSIS The 2015 Forging Westlake Comprehensive Plan - Land Use Plan designates the subject property as PC-B: Pastoral Community/View Corridor Zone. It is important to note that these zones are more character based than use based with the focus of the development’s impact on, and symmetry with, the natural fabric of the Town. The character statement for this zone is quoted from the Land Use Plan as follows: “Most of Westlake’s residential development to date can be characterized as large homes situated on large landscaped lots where homes are sited in ways responsive to features of the lot, instead of the street. The overall character is one of a dominant landscape and houses arrayed within it, rather than houses with lots (as is common to most suburban development). Lots are generally an acre or larger with homes set well back from the street. Homes are limited to two stories in these areas and densities are one unit or less per acre. However, smaller lot sizes could be compatible with this character if such lots are clustered and surrounded with open space so that the gross density remains one dwelling unit per acre. The sense of open land is more essential than lot size. The Pastoral Community is predominantly residential with some institutional uses and office campus uses where the FAR is .1:1 or less. Informal lot landscaping replaces rigid street landscaping, giving more visual presence to the natural ground plane than the roadway. Preservation of current home values is key to future residential development.” The Land Use Plan describes the View Corridor Zone as follows: “View Corridor Zone: Lineal views, usually along creekways as they descend in a northerly direction that are attained from the Vista Point Zone. These views host the water bodies and wooded areas that are important visual assets of the Town.” Other Comprehensive Plan recommendations. Page 88 of the 2015 Comprehensive Plan provides a Summary of Considerations for Plan Construction as follows: “Westlake was born out of a commitment to landscape integrity, expressed in pastoral development forms where residential and commercial growth can be contextualized without subordinating the natural landscape. The two strongest determinants of landscape form, topography and hydrology should, therefore, be the guiding principles around which land use is defined and regulated. With respect to topography, the intent to minimize grading, which is expressed in the language of the current zoning ordinance, should be promoted in other categories through the Town. Additional measures other than density designations may be more suitable to preservation of hillside and view shed, however. Page 15 of 16 By creating opportunities for water oriented development, Westlake can give greater definition, with respect to landscape expression, to new commercially oriented development in the Town. Water can also be investigated as a possible transitional tool between uses, tying properties together in a more project oriented context. With these two guiding principles, Westlake will be able to preserve landscape integrity, while operating under the confines of a PD-dominated zoning structure.” Subject to final approval of the master landscape plan, the development is consistent with the above focus on landscape integrity wherein measures such as preservation of land forms, view sheds and water features can offset increases in density. Finally, the proposed development supports the demographic and socio-economic objectives of the following statement from page 274 of the Housing Plan in the 2015 Comprehensive Plan: “Meet future housing needs of an aging population: Another market audience largely missing in Westlake is 65+ households seeking simpler, lower maintenance, high-quality product. Product types appealing to this buyer include higher density (townhomes, villas, and garden residences), higher security, and lower maintenance typologies with housing interiors capable of handling art and furnishings of the wealthy older folks. The ideal size of these projects is approximately 15 to 35 acres, making them ideal for small parcels north of Dove Rd., as transitional between lower density, single-family development and commercial development.” PUBLIC NOTIFICATION A total of four (4) public hearing notices were sent to property owners within a minimum 200 feet of the subject property. In compliance with the Code of Ordinances and State statutes, only property owners within the Town of Westlake were individually notified. However, a courtesy notice was also sent to the city of Keller. Additionally, notice of the public hearing was published in the Fort Worth Star Telegram. To date staff has received 34 letters of support, forwarded directly from the applicant, and 11 letters of concern or opposition from Keller residents. PLANNING AND ZONING COMMISSION On February 11, 2019, the Planning and Zoning Commission voted (5-0) to continue this item, including the public hearing, to the March 11, 2019 Planning and Zoning Commission meeting. Therefore, no action may be taken on this item. SUMMARY AND RECOMMENDATION The subject property is currently zoned R5-Country Residential, which prescribes a maximum gross residential density of 0.2 dwelling units per acre. The proposed development yields a gross density that is nearly 10 times higher than that which is allowed under the current zoning. However, although the gross density exceeds the recommendation for the Pastoral Community as noted above, the proposed development nonetheless provides an opportunity to execute the other factors described above from the Comprehensive Plan in a unique setting. The proposal by the applicant and the staff recommendations contained in this memo provide a clear path forward whereby the development must meet the community’s expectations for design Page 16 of 16 and development excellence. The final staff recommendation for Town Council action will be determined subsequent to the final recommendation by the Planning and Zoning Commission. ATTACHMENTS Existing Location Map Developer Submittal: Development Applications Developer Submittal: Development Proposal Developer Submittal: Development Exhibits Staff Exhibit: Current Zoning Map Staff Exhibit: Comprehensive Plan Land Use Plan Staff Exhibit: Correspondence Received City of Keller Town of Westlake Subject Property Aspen Lane Pearson Lane Copyright © 2019 By Waterside Land Co, LLC SPENCER RANCH PROPOSED CONCEPT/DEVELOPMENT PLAN TOWN OF WESTLAKE January 2019 This document is intended to be a summary of the key development terms and principles proposed for the new PD of the Spencer Ranch development, an approximately 38-acre parcel of land located at the southeast corner of N orth Pearson Lane and Aspen Lane in Westlake Texas. The property extends eastward to the Vaquero golf course property and southward to the border of the city of Keller. Further, this document details how a single source deliver system will manage both the developing and the homebuilding entities ensuring exceptional and consistent quality from inception to completion. This allows a single entity to remain focused on complying with the various visions, aspects and intentions of the Westlake Comprehensive Plan. Page 2 of 30 SPENCER RANCH GENERAL INFORMATION UNIQUE DELIVERY SYSTEM A Single Company Manages both the Developing and the Home Building: Waterside Properties, LLC is a 30+ year Homebuilding company and will oversee all home construction in Spencer Ranch. The Waterside Family of Companies was founded March 19, 1984 in the State of Texas. The Company has been building homes for over 30 years. T he development company was founded in 2017 to establish unique, high-value communities with a commitment to environmental ethics and social design that ultimately improve the inhabitants’ well-being. The Waterside Family of Companies has common ownership in the State of Texas. Waterside Land Co, LLC (www.watersidecompanies.com) Waterside Land Co, LLC is a boutique development arm of the Waterside family of companies and will oversee the land development of Spencer Ranch. Waterside Properties, LLC (www.watersidecompanies.com) Waterside has created a “UNIQUE DELIVERY SYSTEM” SINGLE SOURCE PROJECT IMPLEMENTATION: In order for Westlake to sustain resistance to assimilation by the encroaching fabric of surrounding communities, Westlake must develop a place for a project delivery system that is not the same as those surrounding communities. At present, the dominant delivery system is land development driven, wherein there is a lot developer who sells buildable lots to a Home Builder who then brings in their own design services and their own resident client. As a result, there is a ”sameness” to the products created which are often hard to distinguish from the surrounding submarkets. Westlake needs a Single Source Project Implementation System that controls both the Developer and the Home Building entities who will not only oversee developing the land…but…also, oversee the building of the houses on that land and thereby be in a position to create a truly unusual, lifestyle product that has exceptional and consistent quality . With “skin in the game” from the outset, there is an unusual motivation to maintain quality design and construction as the ultimate return for the community. The builder’s vision is the same as the developer’s vision and the ability to bring land development and home construction together in a distinguished way is more possible. Therefore, Waterside assures the Town that Waterside is fully committed to oversee both aspects of this project (both land development and home construction) with the terms and conditions of that commitment, addressing unforeseen events, to be worked out in a development agreement with the Town. Page 3 of 30 UNIQUE COMMUNITY Waterside’s creation of Spencer Ranch is an extraordinarily unique high-quality community committed to the various visions, aspects and intentions of the Westlake Comprehensive Plan as outlined below and incorporating a “Wellness Lifestyle” aspect to the community: Spencer Ranch Community: Our goal is to bring a sense of place to new communities through a well thought- out “reverse design process,” using the natural fabric of the land and incorporating a wellness component that encourages best in class use of space. Hearkening back to centuries-old traditions of living on the land, we carefully study the terrain and craft landscape-appropriate homes that speak to the surrounding property. We follow a nonconformist method of designing and virtually building homes on the land before plotting streets, or placing the elements – lakes, creeks and pastoral swaths – ahead of development. This mindful approach interweaves the home design with the fabric of the land, blending indoors with outdoors for a more organic approach. The result is beautifully harmonious and healthy places in which to live and raise families. Spencer Ranch is a “Water Themed” community (as expressed in the Town’s Comp Plan page 83-88) with a maximum of 68 houses built in multiple “Housing Cluster Zones” (as expressed in the Town’s Comp Plan page 159) in a natural setting. The community restores the native mosaic related to the water system and re-establishes the natural fabric lost over time. Spencer Ranch creates a socially supportive streetscape unlike traditional subdivision developments. Of the many focal points in Spencer Ranch, the “Main Promenade” transcends traditional street development creating the sense of true community and a gathering place with a classic linear water feature. The community further reinforces the “social fabric” concept by the lack of solid fencing at individual properties and the use of specific view corridors creates “the sense of open land which is, as the Town’s comp plan calls it, “more essential than lot size.” as expressed in the Town’s Comp Plan page 159) With over 30 years’ experience in fine homebuilding, we know how to see it before we see it and how to design and build quality. “We are creating a unique and healthy style of living in Spencer Ranch, with a level of quality amenities that is really unmatched anywhere and, that contains housing that, we feel, can be sustained for a hundred years,” says founder Paul Pastore. Waterside offers full Lock-N-Leave™ services through their sister company Waterside Home Maintenance Concierge (HMC), with on-site security, a concierge, and a maintenance team. The residence of Spencer Ranch will enjoy a well-conceived, rich in quality neighborhood that allows for a wellness centered maintenance free living environment. The property will be secured with a perimeter iron fence, stone columns, and masonry wall sections - strategically placed as to not obscure the open spaces, and a secured gated entry and exit. This highly amenitized, healthy lifestyle community contains “multiple clusters” of housing, built around water themed land use defined by multi-layer forest and tree corridors defining the clustered Page 4 of 30 zones and incorporates an aerobic trail system throughout the community. The community’s delivery of diversity of housing establishes a 3,000-square foot minimum home size, all with common core attributes of timeless architectural design coupled with high-quality, low-maintenance and energy-efficient homes that are finished out with best-in-class luxury-level interiors. The community is designed to encourage inhabitant interaction, promoting pedestrian mobility by bringing the homes and courtyards closer to the roadways, and by providing an internal aerobic trail and lakes system that connects the open spaces, tree preserve areas, and a design that shows most houses having direct interaction with water. Waterside has created a development that is a “WATER THEMED COMMUNITY” “WATER THEMED DEVELOPMENT: Page 83-88 of the Comprehensive Plan places the development tract in a steeper topographic setting (not the steepest) and recommends that this location is appropriate for “water related” development. Page 88 of the Comprehensive states that “additional measures other than density may be suitable for preservation of the hillside and viewshed”. Those other measures include limitations on grading (described above) and “water related” development that includes multiple water amenities. Therefore, Waterside is presenting a development design that employs water as a major component of the project…such water will be used to mitigate erosion and stabilize the grade condition. Additionally, the water will be used to create development clusters as called for in the Land Use Plan of the Comp Plan (see Cluster Development below). Page 5 of 30 Waterside has created a development that will “LIMIT GRADING” “GRADING LIMITATIONS: Spencer Ranch is located in the “Midlands” Ecological Region of Westlake (Pg. 71 of the Comprehensive Plan). The Comp Plan requires measures be taken by any developer to limit impacts on the ground plane which promote erosion. This includes limitations on grading. Therefore, Waterside is committed to limitations on grading by allowing only that grading as is necessary to construct streets, infrastructure, development amenities, and individual home clusters. Waterside will prohibit the creation of lot pads and the use of side lot line retaining walls to create lot pads. Waterside will respect some exceptions where patios, drives, and pools are built that can be viewed as extensions of the home.” Waterside has created a development that will “RESTORE THE NATURAL MOSAIC” “RESTORATION OF THE NATURAL MOSAIC: Page 74 of the Comp Plan calls for “contextualization”. The Comp Plan states: “Contextualization, which grows from a commitment to landscape integrity is what helps to preserve the property values sustained in Westlake. It is therefore important that the plan creates mechanisms to continue the commitment to landscape integrity, not only to preserve the pastoral landscape of the Town, but to also preserve property values. In this sense, landscape integrity needs to guide the development-related considerations of the Comprehensive Plan.” Landscape Integrity is defined, in the same section, as “development that has been contextualized to fit within the natural landscape…” Therefore, Waterside will use the landscape opportunities presented by open space, defining clusters, to restore the natural mosaic in such a way that the Comp Plan’s call for “contextualization” is achieved. Therefore, Waterside will use the landscape opportunities presented by open space, defining development clusters, to restore the natural mosaic in such a way that the Comp Plan’s call for “contextualization” is achieved. This will require a considerable commitment to landscape materials and native species employed in a manner consistent with the Concept/Development Plan.” Page 6 of 30 Waterside has created a “CLUSTERED” development “CLUSTER DEVELOPMENT: The Land Use Plan section of the Comp Plan (page 159) states that “smaller lots could be compatible with this character [district] if such lots are CLUSTERED AND SURROUNDED WITH OPEN SPACE…”. Waterside is presenting a “cluster development”, Concept/Development Plan in which the “clusters” are surrounded with open space. To accomplish this in a manner consistent with the other requirements of the Comp Plan, Waterside will use the water theme element as an aspect of the open space defining the required development clusters as illustrated on the Concept/Development Plan.” Waterside has created an “AEROBIC WELLNESS” development Page 7 of 30 Waterside is committed to the natural preservation of the land and integrating health and wellness trails in three aerobic zones in the development. Waterside is currently working on a “best in class” Aerobic Trail program for Spencer Ranch. “AEROBIC ZONED DEVELOPMENT: Using the natural terrain and natural enhancements as shown on the Concept/Development Plan Waterside is creating a development that not only respects the natural grade, respects the Comp Plan but creates unique, functional, measurable and effective trails thought out the development. Waterside is creating 3 levels of Aerobic Trails with a “Slope~Step~Obstacle” standards: Low Impact Aerobics Zone: • Flatter grades, gentle slopes, meandering pathways, no steps, no natural obstacles Moderate Impact Aerobics Zone: • Transitional grades, steeper slopes (generally 2% to 5%), minimal easy steps with a rise no greater than 4”, minimal natural obstacles Vigorous Impact Aerobics Zone: • Steeper grades (generally greater than 5%), multiple steps with a riser greater than 6”, many varied natural obstacles Page 8 of 30 LANDSCAPING Landscaping: Spencer Ranch will approach the total landscaping effort as one cohesive and comprehensive unit for the entire tract of land. The landscaping design will incorporate the vision of the entire tract using all aspects of the terrain, thus creating the “natural mosaic” the town prefers. Although installed in individual increments as each home is completed, the Spencer Ranch vision is to create an overlay of a full and comprehensive landscape plan that embodies the entire parcel of land and raises the standards in Westlake and is not prejudice to any one dwelling. Landscaping will encompass many aspects for the development, conceptually and physically and will be implemented in phases; a. Park Land Dedication area-outside of the community fencing b. Development infrastructure/streets; c. Individual houses The master landscape plan will include the following elements: • The establishment of a riparian tree corridor that defines the housing cluster zoning and further defines the water system is an important aspect of this community. • Establishing forest and meadows using various types, sizes and species of trees developing a diverse over story. • Further definition will be given to the forest by using a native understory in certain areas of the community. • Weaving natural features such as bald cypress trees in and around the water system providing a more natural bank and greater complexity at the edge definitions. • Water themed community with the water emanating from the main community center water feature and acting as the “headwaters” for the water system. • A genuine effort will be made to save and protect old-growth trees. • Water features, trails, fencing, retaining walls and other architectural structures will be developed to the highest degree of thought thus impacting the community in a positive way. • Care will be given to how the landscaping and streets interact giving careful attention to the development of “social space” as it relates to this aspect. Landscape architect: TBD Page 9 of 30 UNIQUE AMENITIES Spencer Ranch Community Amenities: A gate house/sales center will be constructed on the property in the general location as shown on the Concept/Development Plan similar to the rendering concept below. since the gate house/sales center is the key feature to the early progress of the development and it has direct access to utilities and Pearson Ln, the developer is requesting to be allowed to submit building plans and start construction of the gate house/sales center structure within 60 days of Town approval of the concept development plan and following the normal building permit application process. “The Gate House at Spencer Ranch” Page 10 of 30 “The Health & Wellness Center at Spencer Ranch” A Health & Wellness Community Center will be constructed on the property in the general location as shown on the Concept/Development Plan similar to the rendering concept below. The developer will complete this facility within a timeframe not to exceed the closing of the 27th home in Spencer Ranch. The amenity center will contain the following minimum amenities: • Exercise facility • Multi use space • His & Hers restroom and changing facilities Open Community Amenities: • Multiple Lakes • Private aerobic internal trail system connecting to the public trail system with pet sanitation and watering stations • Areas designated for Public Art Competition • Trailhead parking • Historical landmark preservation of the Buck E. King historical marker Page 11 of 30 Community Fencing: Spencer Ranch will have a completely secure perimeter with contiguous fencing of various approved types employed in a manner consistent with the Concept/Development Plan below. Perimeter fencing for the development shall be the following: • Pearson & Aspen development border (west/north) shall have decorative iron fencing that generally parallels Public streets as illustrated on the Concept/Development Plan. Decorative iron fencing with masonry columns and masonry wall sections strategically placed as determined appropriate to provide aesthetic accents, privacy, and/or shield undesirable vehicle light transmission as determined by the Developer’s Landscape Architect. Page 12 of 30 “Fence Concepts and the entry Fountain at Spencer Ranch” • Fisher Property Private Border (north/east)- shall be one of the approved fence types-TBD • Vaquero Golf course (east) fence is currently in place and shall be cleaned and repainted black. • City of Keller border (south) shall be decorative iron fencing with stone columns to be place in conjunction with the property lines of the homes that are on the southern border of Spencer Ranch (City of Keller) from the Vaquero Golf Course to the west. The decorative iron fence will terminate at the decorative iron fence that runs along Pearson Rd and will not extend farther west than that decorative iron fence. Fences on individual lot property lines are generally prohibited, except as approved by the ARB for: a. Dog runs b. Swimming pool safety c. Privacy for internal courtyards Page 13 of 30 Fence Materials: Fences may be any of the following: • Masonry • Iron fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence. • Wood along property lines that are not in the discouraged yard space. Where wood fences are used, they should be supported by vertical tubular steel supports with at least 3 2x4 stringers supporting a wood fence design with a decorative wood cap detail. The finished face of the wood fence should face to the outside of the lot, if only 1 face is finished. Wood face member of the fence should be a minimum of ¾ inches thick. • Welded tubular agriculture fences not located in a development where such a fence presents a contrast other fences of the development, and hosts and agricultural use or the fence is part of an agricultural theme is allowed. Gate Materials: a. Wood with frame members measuring a minimum of 1.5 inches thick and infill planks measuring a minimum of 1.5 inches thick. b. Iron gates with the frame measuring a minimum of 1.5 inches square with pickets of at least ¾ in. square with welded connections. Such fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction. Page 16 of 30 Waterside has created a development that respects “PUBLIC OPEN SPACE & RURAL LANDSCAPE PRESERVATION” “PUBLIC OPEN SPACE/ RURAL LANDSCAPE PRESERVATION: Page 193 of the Comp Plan describes Rural Ranch Landscape (a type of Open Space recommended for the Pastoral Character Zone) as places “where residential development may move to preserve some aspect of the rural heritage”. In the Urban Design Structure portion of the Comp Plan states that “open space edges are meant to be remnants of the historic rural landscape…” Clearly, the Comp Plan is seeking to find opportunities for preservation of the rural heritage of Westlake in the creation of open space. Spencer Ranch contains a water feature that remains from earlier days (likely a ranch stock pond). Therefore, Waterside will take measures to include portions of this water body in a usable open space that can fulfill the Comp Plan call for rural landscape preservation.” Public Art: Waterside has a strong desire to support the arts in Westlake and will commit the following to a Public Art Competition: a. A competition site of a size to be determined, to place the art at Spencer Ranch in the Public Open Space b. A donation by Waterside of an amount to be determined will be outlined in the Economic Development Agreement. Page 17 of 30 STREETS, PARKING, SIDEWALKS AND TRAILS Streets: All community streets will be privately owned and maintained. They will be constructed with mountable rolling curbs with enhanced finishes. Streetlights: Streetlights will be located at corners and intersections. Light fixtures will be low- pedestal-type fixtures that comply with Town ordinances and dark-sky design guidelines. Sidewalks: There are no typical concrete sidewalks in the development, walking trails (natural material) will be located along each side of the esplanade water feature, serving pedestrians on both sides of the divided main roadway and throughout the development. Trail systems: The internal trail system will facilitate pedestrian mobility within the community. The public trail system will be extended from Aspen Lane south to the Town border on the Spencer Ranch property. The internal trail system will connect to the public trail system at access-controlled locations. Water: Town of Westlake water system will connect to the development at two separate locations to create a looped-system. Sewer: The project engineer has met with town staff and performed the necessary calculations to determine that the public water and sewer systems can accommodate the additional loads anticipated to be generated by the proposed development and there are multiple access points available for connection to the public systems. Storm-water: Combination of natural grassed swales, detention ponds, and reflecting pools, connecting to the existing public street storm-water system. Duct bank: As required by Town ordinances, the developer will install a duct bank system throughout the subdivision. Each home will be connected to the duct bank system prior to the Certificate of Occupancy approval. Page 18 of 30 LOT SPECIFICATIONS Density & Lot Size: Spencer Ranch will be a unique “Wellness Lifestyle” community that has 60 high quality homesites and may contain a maximum of: • 16 attached high-quality homes • 52 detached high-quality homes The Developer/Builder are requesting the flexibility to adjust lot lines as home building permits are submitted allowing homes to be custom tailored to each site. Housing type, size, number of floors and the homeowner’s desire for larger or smaller footprints will impact lot size and configuration, and ultimately the total number of lots to be built upon. Larger lots may result in a lower total number of lots in the development. Minimum Lot Widths at Building Line (Block): Promenade / Estate homes (A) 80 feet Villa homes (B, E, F) 70 feet Ridgeview homes (D) 65 feet Attached homes (C) 80 feet (2, 40-foot lot groups) Waterside has created a development that contains an “EQUIVALENT LOT DENSITY” in conformance with the Westlake Comprehensive Plan. “DENSITY: Page 159 of the Comprehensive Plan states, "smaller lots could be compatible with this character district if such lots are clustered and surrounded with open space so that the gross density remains one dwelling unit per acre". The text immediately following that statement further states, "the sense of open land is more important than lot size". The second statement offers a qualifier to the application of the first statement, suggesting that density equivalent to 1 unit per gross acre is desirable...if...the sense of open land is enhanced. To accomplish this, Waterside has limited the plate square footage of development to a total square footage that does not exceed the "gross" plate square footage of development at 1 unit per acre. We call this an "Equivalent Density" which is expressed in a more open landscape, a landscape where open space dominates and the expression of lot lines in the form of property line fences is discouraged. This fulfills the vision of the Comprehensive Plan. The unifying matrix of open land that defines the cluster development of Waterside prevents confusion with densities more typical of other Character Districts. Therefore, Waterside commits to a density that is equivalent to the developed density of 1 unit per acre and a total number of lots not exceeding 1.80 lots per acre; which Waterside views as necessary to achieve ALL other visions of the Comp Plan, as they are applicable to this site and specified in this application for Spencer Ranch.” Page 19 of 30 HOME / LOT SPECIFICATIONS Home Pricing: The diversity of housing orchestrated in “Cluster Zones” are projected to have an initial sales price starting at $1,695,000.00 Spencer Ranch contains both one and two-story homes. “The locations of the housing types listed are shown on the Concept/Development Plan Homesite Location Map by their respective letter designations.” Building Setbacks (in feet): Front Rear (1) Sides Promenade homes (A) 10 (2) 20 (3) 5/10% (4) All other detached homes (B, D, E, F) 10 (2) 20 (3) 5 (1) All single-family attached (C) 10 (2) 20 (3) 0 When backing to the southern border and Oakmont Hills, there shall be a 40-foot minimum setback for the main house structure. When backing up to Vaquero Golf Club there shall be a 20-ft. minimum set back permitted for no more than 50% of the homes adjacent to the shared property line with the Golf Club. The balance of homes adjacent to this shared property line shall have a rear setback 30 ft. or greater so that the configuration of variable setbacks substantially conforms to the Concept/Development Plan. Page 20 of 30 (1) When backing or siding to Aspen Lane, there shall be a 25-foot minimum setback. (2) Garages, Casitas or bathrooms stairs or elevators -not contiguous to the main living footage, courtyards, and accessory structures may encroach up to 5 feet into the required front yard setback. (3) When abutting an open space or water feature, no setback is required. (4) Promenade Homes have a minimum side setback of 5 feet on one side and the opposite side must be a minimum of 10% of the lot width. Promenade Homes that side to Pearson Ln are required to have a minimum setback of 125 feet from the Spencer Ranch property line that sides to Pearson Ln. Housing Type: The following is a breakdown of the proposed housing types in the development. Given the desire for lot size flexibility to accommodate buyers desires we have listed the specific information below regarding lot and housing types that correspond with the image below: 1. Promenade Estate Homes ‘Block A’ (14 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 80 feet d. Front Setback: 10 feet; or 5 feet (2) for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 5/10% feet (4) f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest pitch. 2. South Side Villa Homes ‘Block B’ (15 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 70 feet d. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. When backing to the southern border and Oakmont Hills, there shall be a 40-foot minimum setback for the main house structure. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest roof pitch. Page 21 of 30 3. Brownstones ‘Block C’ (16 total units proposed) a. Housing Type: Single Family Attached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 40 feet d. Front Setback: 10 feet; or 5 feet (2) for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 0 feet f. Rear Setback: 20 and 30 feet, or 0 feet abutting water features and/or development open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 36 feet from the finished floor elevation to the highest exterior wall framing plate provided that the span covered by the roof does not yield a total top of roof ridge height that is more than 3 feet higher than the tallest roof in other cluster zones of the development. Special setback specific to the Brownstones: For lots that are adjacent to the Vaquero Golf Club, there shall be a 20 foot. minimum setback permitted for no more than 50% of the homes adjacent to the shared property line with the Golf Club. The balance of lots adjacent to this shared property line shall have a setback 30 ft. or greater so that the configuration of variable setbacks substantially conforms to the Concept/Development Plan. 4. Ridgeview Homes ‘Block D’ (6 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 65 feet d. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from finished floor of the main living floor to the mid-point of the span of the highest pitch. Page 22 of 30 5. Meadows Villa Homes ‘Block E’ (11 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width at Building Line: 70 feet d. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided e. Side Setbacks: 5 feet (1) f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,000 square feet h. Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest roof pitch. 6. Golf Villa Homes ‘Block F’ (6 total units proposed) i. Housing Type: Single Family Detached j. Minimum Lot Size: 1,000 square feet k. Minimum Lot Width at Building Line: 70 feet l. Front Setback: 10 feet; or 5 feet (2) where courtyards/motor courts are provided m. Side Setbacks: 5 feet n. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. o. Minimum Unit Size: 3,000 square feet Maximum Height: 35 feet from finished floor to the mid-point of the span of the highest pitch. Page 23 of 30 “Main Promenade at Spencer Ranch” Waterside has created a development that creates a “DIVERSIFICATION OF HOUSING” “DIVERSIFICATION OF HIGHER END HOUSING OPTIONS THROUGH CREATION OF A UNIQUELY SOCIAL LIFESTYLE COMMUNITY: The Housing Plan component of the Comp Plan (pages 261-272) stresses the need for “life style” offerings to accompany housing options for other high-end markets. These projects, which diversify the housing offerings more typical of Westlake are needed to attract younger buyers, meet future housing needs of an aging population, and mitigate value encroachment (typically approaching Westlake from Southlake and Keller). The unique location of Spencer Ranch at the edge of the Town, abutting the shared boundary line with Keller, makes it particularly important to accomplishing this objective. Therefore, Waterside has created a “lifestyle” product which is more than simply smaller lots. Spencer Ranch presents a true housing/living option that will indeed capture a high-end buyer at the edge of the Westlake submarket (abutting Keller) …thereby affirming the continued integrity of that submarket. Key to the lifestyle/ housing product is the proposed social use of the street space and the creation of a true promenade, in the manner of distinctive/ historic developments such as Riverside, Chicago (1879). Waterside commits to create a significant central promenade with amenities that enhance pedestrian use of the entire space and promotes pedestrian pleasure in that use, as shown on the Concept/Development Plan.” Page 24 of 30 Minimum Size: The minimum size of a residence shall be 3,000 square feet. Massing: Massing will vary by housing type. Great attention will be given to achieving horizontal and vertical articulation within individual structures and/or within groups of structures, so as to avoid the uniform massing and alignment found in typical suburban subdivisions. Building Height: Because of the potential for lower-pitched roofs with the chosen architectural style, smaller footprints of clustered homes, and respecting the natural terrain in the development with terrain absorption within the foundations of each house, we are requesting a maximum building height be measured from the top of the foundation for all building sites and as indicated for each home type in the development as outlined in this document. This allows the architectural aspect to create a rolling fabric of houses not restricted to the typical cookie-cutter guidelines. Garages: Promenade/Estate homes shall have a minimum of three enclosed parking spaces. All other homes shall have a minimum of two enclosed parking spaces. Garage doors shall be made of sectional wood or be wood clad. Garage doors shall be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting. Roofs: Roofing materials facing the weather shall be of high and enduring quality. Permitted roof materials include: a. High quality clay or concrete tile (with a thickness similar to clay). (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) b. Metal: Traditional standing seam with standing folded and soldered seams. Allowed for porches and architectural features only. (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) c. Flat or low-pitched roofing that is 2:12 pitch or less may be of any code approved material. Page 25 of 30 Windows: Orientation of all windows at Spencer Ranch will follow the Town’s Building Quality Manual section; Standard 3.10: Openings. Spencer Ranch will allow the following windows and doors providing they are of high quality and comply with the Spencer Ranch Building Guidelines: a. High quality wood windows and doors with metal clad exteriors and minimum glazing with Cardinal 366 insulated glass or equal. b. High quality iron windows and doors and minimum glazing with Cardinal 366 insulated glass or equal. Exterior walls: Exterior walls shall be 80 percent masonry as required for all Residential Districts by the Code of Ordinances. Exterior walls shall have horizontal and vertical articulation or architectural delineation on all elevations. Exterior lighting: All exterior lighting shall be subdued, indirect and comply with town ordinances, as well as follow “dark-sky” design guidelines. Page 26 of 30 QUALITY CONSTRUCTION INTENT The intent of Waterside’s submittal, to create a community of clustered high- quality homes on smaller low-maintenance lots, to provide the “diversity of housing types” that the Comprehensive Plan states is needed within the Town of Westlake. This new proposed PD District will contain development standards that are intended to guide design and construction of the high-quality homes within the new PD District to be equal to or exceed the current level of quality of construction and finish-out as that found in the best of the larger estate homes that currently exist in the Town of Westlake. This new PD contains language that references: • An Architectural Review Board (ARB) • Spencer Ranch Building Guidelines • Town of Westlake Building Quality Manual It is the intent of this new PD to use these documents, as approved by the Town. The ARB shall assure compliance with all architectural standards and may not change the documents so as to cause a change in permittable architectural style without the Town Managers prior approval. The ARB shall approve all plan submittals prior to them being submitted to the Town for permitting. The Town still has authority to enforce Town of Westlake ordinances and the Building Quality Manual. Waterside has created a development that incorporates the Town’s “BUILDING QUALITY MANUAL” “INCORPORATION OF THE TOWN’S BUILDING QUALITY MANUAL: The Town has, in no uncertain terms, made a statement as to its expectations for the future quality of its built fabric in the recently adopted Building Quality Manual. Therefore, Waterside will adopt Westlake’s Building Quality manual as part of the Spencer Ranch Design Guidelines.” Page 27 of 30 COMMUNITY ASSOCIATION & DESIGN CONTROL Homeowners Association: The community will be governed by a to-be-established Homeowners Association (HOA) that will be responsible for the common area maintenance, private street maintenance, and enforcing the design guidelines for the community. Design Guidelines: A detailed design guideline document is being prepared specifically for Spencer Ranch. The Spencer Ranch design guideline document will clearly detail design and building guidelines specific to Spencer Ranch and will also -incorporate the Town of Westlake’s Building Quality Manual into its architectural standards. Design enforcement will be performed by the ARB which will include a licensed Architect as a required member. The Town will assure compliance with the all Town Ordinances. Architectural Design: At Spencer Ranch, The Developer/Builder will employ 360-degree architecture when designing each residential product within the development. The open/urban beauty of the development drives this design and building practice. In this practice, full consideration is given to every building elevation and every roof plane of each structure during the design process. The intent is to ensure delivery of aesthetically pleasing architectural features as viewed from all parts of the development, and not create a distinct and determinable hierarchy between major and minor elevations. Waterside will reduce the visual impact of all exterior mechanical elements. Spencer Ranch requires all building plans submitted be done by a Licensed Architect. Architectural Review: An Architectural Review Board (ARB) will be established through the HOA/declarant that has approval authority over the house quality of design and construction of all homes and additions. The ARB will be charged to ensure that the Building Guidelines of Spencer Ranch and the included Westlake Building Quality Manual provisions, are strictly followed. The Conditions, Covenants, and Restrictions will establish the required makeup of the ARB which will include a licensed Architect as a required member. Page 28 of 30 Waterside has created a development that requires “LICENSED ARCHITECTS” “LICENSED ARCHITECT PROVISION OF PLANS THAT INCLUDE EXTERIOR DETAILS NECESSARY TO EXPLAIN ALL FEATURES OF CONSTRUCTION TO THE BUILDING TRADES: Much of the home designs built in Westlake, Southlake, Trophy Club, and Keller are done by “Building Designers” instead of a Licensed Architect. The plan sets produced by this means of production are very basic, leaving much of what is finally seen from the street, in the hands of a tradesman who may, or may not, have sufficient background to execute an outcome consistent with the design intent or the particular style represented by the “designer’s” drawings. Continued over time, this will ultimately weaken the distinctiveness of Westlake. Therefore, Waterside commits to have all building plans prepared by a Licensed Architect and that plan sets prepared by this architect will contain sufficient details to fully explain the exterior construction to a competent contractor/tradesperson.” Waterside has contracted with C.A. Nelson Architecture Group to serve as the sole licensed architect for the entire project. Clay Nelson (Principal) will also serve on the ARB. Page 29 of 30 LIFESTYLE COMMUNITY WITH MAINTENANCE FREE LIVING Waterside Home Maintenance Concierge provides a “World Class” level of service to its clients that is not offered in the marketplace. We strive to exceed all expectations of a Concierge Maintenance service by preprogramming maintenance and anticipating our client’s needs. Waterside’s Home Maintenance Concierge Service will provide its full complement of services to the Spencer Ranch community and manage all aspects for the community services with it’s on site personnel. The service creates “One Point of Contact” for our clients and provides them with a trusted advisor so they can live a maintenance free lifestyle! Waterside also offers our exclusive Lock – N – Leave service creating worry free travel! The service platform that Waterside HMC offers to its clients include some of the following: • Fully managed property maintenance services • Lock-N-Leave service year round • Quarterly 110point maintenance checks • Monthly 20point maintenance checks • 24/7 Emergency Service Response • Single point of contact • Preventative maintenance service and checks on all equipment • Complete supervision of any additional work completed at the house • Additional Boutique services available (window cleaning, power washing, etc...) • Vetted Preferred Contractor used for any and all work • Quality craftsmanship and industry knowledge Page 30 of 30 CONSTRUCTION SITE MANAGEMENT Debris: All construction debris from all construction sites within the development will be contained in a central location. The location will be enclosed with temporary wood fencing, or chain-link fencing with screening material attached, as to not be directly visible from any street. Contractors will be required to contain debris daily and/or transport to the containment site. Soil: All construction spoils or natural soil moved from all construction sites within the development will be stored in a designated location(s) that will be enclosed by proper silt fencing and/or other erosion control measures as needed. Documentation: All town and construction documentation, including but not limited to building permits, inspection reports, geotechnical studies and building plans, will be located on-site in the construction offices of the developer/builder with full access granted to town building officials. Sanitary Stations: Multiple sanitary stations (port-o-let) will be located within the community in close proximity to all construction sites. The stations will be screened from the street frontage, either behind a 6-foot-high screening fence or with temporary mock-ups built from materials similar to the materials used in the construction of the homes. The mock-ups will contain three walls and a roof section hiding the stations from the street view. Sanitary stations will be cleaned on a regular schedule. Material Storage: Material storage will be located within a designated area(s) that will be screened with fencing TBD. Construction Parking: Contractors will be allowed to park only in designated parking areas and on a single side of the roadway near the construction site, but not adjacent to any occupied dwellings. Contractors will be required to park in designated parking areas only for weekend work after residents occupy the development. end KMJKKMJKMJKMJKMJKMJMJKMJKMJKMJKMKMJKMKMH@IHHH@H@IH@H@IHH@IH@IH@IHHI<?<?@<?@<?@?@?@?@<?@@<?@@?@?@@<?@<?@?@@NO@NO@NONONONO@NO@NO@NO@NO@NO@@NO@N@N@<O<O@<O@<O@<O<O@<O<OO<O<ONNNNNN=GJ=GJ=G==GJG=GJ=GJG>F>F>FFF>FF>FF>F>F>FFFFFF<<<<<<<<<<<BJGJGBJGJGJGJJGBJGJJAQDGQDGQDGQDGQDGQDGQDGQG<NG<NG<NG<G<NG<NG<NGN=GJ=GJ=GJ==G==GJ=GJ=G>F>F>F>F>F>F>F>FFFFFFAAAAAAAAAAAANJPNJNJNJPOCOCOCOCOCCCOCOCCNNNDNDND?ND?@@@@@@QDGQDGQDGQDGGQDGGGQDGQDGQDGGGG<G<NG<NG<NG<NG<NG<N<G<NG<N<G<G<G<N=GJ=GJ=GJ=GJ=GJ=GJ=GJ==GJGJ=GJ=GJ=GJJ>F>F>F>F>F>F>F>FFF=======MD?MD?MD?@B@QB@QD@RD@RR@NO@NO<O@<N=GJ=GJ=GJ=GJ=GJ=GJ===GJ=GJ=GJ=GJGJGJ=GJ=G=G=G=GJ>F>F>F>FF>F>F>F>FFF>F>F>F>F>>F>FF????????????H@<H@<H@<H@<H@<H@<<<<H@<@<<?JR?JR?JR?JRJRRRRJRJRJRJRJRRRNNNNNNNNNNNNNNNNQDGQDGQDGQDGGQDGGQDGDGQGQQG<G<G<G<G<G<NG<<NG<G<G<G<G<G<G=GJ=GJ=GJ=GJGJ=GJ=GJGJ=GJJJJJ>F>>F>>F>>>>F>FFFFFFFFFFF>@@@@@@@@@@@@@=MJ=M=MJJJJJ===MJJJRINOJI@N====GJ===>F>@@@@@@@@?@@ @?????<<<<<<<<< <<<<<========== =====AAAAAA>>>>>>>> >>>>>>>>CJH@NDO@GJ><ODJIH<K?@>@H=@M>JHHPIDOTB<M?@IN Plan ElEmEnts: land UsE Plan 167the land Use Planwith residential integrity, rural identity, town form, and commercial/residential rela-tionships. Therefore, the built characteristics of Land Use in Westlake should be in-fluenced by what Community Type is engaged and what View Condition is affected. Community Type expresses the desired built character of land use that should mani-fest in development of existing entitlements. View Condition expresses the magnitude (density and height) of land use that preserves the vista.Land Use Relationship to View Conditions: The View Analysis discussed in the Frame-work Plan section of this Comprehensive Plan identifies 5 view conditions as follows:1. Vista Point Zone: Sectors of Westlake from which the recognizable views, gen-erally considered typical of the Town, are attained. These are typically northerly views from areas from areas along, and south of, Dove Road. These elevations are generally higher than elevations along Highway 114. Views identified by Planning Workshop participants as characteristic of Westlake’s pastoral, pictur-esque, and rural identity are mostly seen from this zone and the view is toward the north.2. Vista Termini Zone: Areas of Westlake, generally north of Dove Road, where land elevations equal or exceed elevation 690 to 700 ft. above sea level and cre-ate promontory landforms that define the end point of any vista which includes them. In many cases, these are the land related objects viewed.3. Vista Shade Zone: Areas of Westlake, generally along Highway 114 and north of the vista termini (discussed above) that contain land elevations lower than 690 – 700 ft. above sea level and are largely obscured from view by these higher elevations in the foreground of any vista toward them.4. View Shed Zone: Areas of Westlake that are not visually screened or obscured by foreground land elevations and consequently lie within the vista attained from the Vista Point Zone.5. View Corridor Zone: Lineal views, usually along creek ways as they descend in a northerly direction that are attained from the Vista Point Zone. These views host the water bodies and wooded areas that are important visual assets of the Town.The proposed Land Use Plan of the Comprehensive Plan Update builds from the Goals and Citizen Priority Statements as well as the Framework Plan. A key component of the Framework Plan is the View Analysis that expresses the geographic boundaries of citizen prioritization of pastoral, picturesque, and rural views (one of the primary themes and repeated concerns of citizen input). The Framework Plan further divides the 5 View Conditions into 3 Community Types (Pastoral Community, Town Com-munity, and Regional Community), thereby expressing the Citizen Priorities dealing LAND USE PLANDISCLAIMER: The land use districts shown on this map in no way modify the permitted uses and/ or conditions of use (FAR, building height, etc.) specified in any zoning or Planned Development Ordinance approved by the Town of Westlake. These land use districts are intended to guide the Council in their evaluation of site plans submitted for their approval and/ or property owner requests to transfer commercial square footage from one land use district to another when the legal mechanism for such transfer has been adopted by the Town of Westlake. See Policy Section A in the Implementation Document for rates of transfer, trigger points, and other implementation language. Views and Vista Define the Experience of Westlake January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Bill Cassidy DocuSign Envelope ID: B803A18B-5DF3-4302-8F4E-6A7069AC380D January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Bill Greenwood DocuSign Envelope ID: 332FE9B8-73AF-47B3-88F3-A029C65E9CE9 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Bob Whittman DocuSign Envelope ID: 2A6B36A3-AD3D-47A4-9B8D-5CCFADE224CB January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Brad Harris DocuSign Envelope ID: 27CF2351-243D-4053-B5BB-BC835687D120 January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Charles Honea DocuSign Envelope ID: F2A78EBC-252C-4581-B91C-638FD1F3E759 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Charlie Morse DocuSign Envelope ID: EDE30810-2A9A-4F6D-BB53-3CFB2CA489CA January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Dan Norman DocuSign Envelope ID: 4F2918A2-6097-47FF-843A-7490CF7B50FE February 8, 2019 Town of Westlake Planning Commission and Town Council 1500 Solana Blvd., Building 7, Suite 7200 Westlake, TX 76262 Re: Town of Westlake and Spencer Ranch Community Dear Commission and Council Members: Paul Pastore, Managing Partner of Waterside Companies, shared with me his idea of developing a unique residential community in Westlake called Spencer Ranch. Paul’s vision for Spencer Ranch is that it be a “true wellness community” not only for its residents, but also for the Town of Westlake. Spencer Ranch would serve as a catalyst for healthier people in your community, your town and even the North Texas region. My father, Dr. Kenneth H. Cooper, also known as “the father of aerobics,” began a fitness revolution in 1970 founded on prevention that continues today. As President and CEO of Cooper Aerobics, I have the privilege of looking for ways to continue promoting the positive benefits of preventive health and exercise. While we do not have a contractual relationship, we have been assisting Paul with preliminary planning of the wellness components of Spencer Ranch. I support Paul’s vision for Spencer Ranch and hope we will have the opportunity to work together with Paul and the Town of Westlake to develop and deliver a distinctive wellness community focused on improving the quality and quantity of people’s lives. Sincerely, Tyler C. Cooper, MD, MPH President and CEO January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Frank Lammons DocuSign Envelope ID: 579A9738-2DC7-40C5-9EC5-668798BC8FA0 April 26, 2019 Town of Westlake Re: Spencer Ranch Development My wife and I live one block South of Westlake and have admired the eloquent homes of Vaquero for years. After reviewing the proposed development by the Waterside Land Company, we believe that the tradition of architectural beauty will be upheld and enhanced into a very desirable community. We feel this development will further enhance Westlake as a very upscale community offering style and security sculpted from natural topography with beautiful trees and lakes. We would love to see the Town of Westlake approve this perfectly planned development. Sincerely, Freddy and Deborah Lyons January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Gary Hazelwood DocuSign Envelope ID: 7BFD7990-B9BD-4AFE-B55A-6258FD1E365D February 28, 2018 Town of Westlake Regarding: The Spencer Ranch Community 1925 Pearson Ln Westlake, Texas Town of Westlake, My wife and I are pleased to see a master planned community proposed to replace the current equestrian property that is adjacent to our home in Oakmont Hills. The developer has taken the time to meet with us individually to discuss the plans and to address any possible development concerns regarding design, drainage, privacy, landscaping, and trash/dust issues. Spencer Ranch will provide couples high value homes in an aesthetically pleasing environment that supports security and maintenance free living. In addition to current Westlake residents who may be looking to downsize and stay in the community, Spencer Ranch invites a new market of individuals who may want to make Westlake their home. I believe the developers of this project have the best intention to retain the natural beauty of this property and to ensure neighboring families are not negatively impacted. We encourage the Town to approve this development in the most expeditious fashion so that work can begin soon. Sincerely, Dave and Sandy Huff 1864 Barrington Court Roanoke, TX 76262 January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Jim Shindler DocuSign Envelope ID: 5D634895-CADD-41E4-AF75-EA57FA1C17A0 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Jimmy Tinsley DocuSign Envelope ID: 9EE608FC-AF59-4708-9C21-12CEC4EC5178 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Kuelbs DocuSign Envelope ID: CFBF1969-D14C-4D23-83FC-6C54DF56566D January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Miller DocuSign Envelope ID: A316F607-63EE-42E0-B1AF-6986189F2A1F January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Shea DocuSign Envelope ID: A2F6FA77-C77D-4424-9FB4-FCFA818014CB January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Vassallo DocuSign Envelope ID: 9FF82213-B0FB-4B82-A9B1-05C3C8F10524 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Ken Beam DocuSign Envelope ID: FE9F29C6-B315-4DDB-9ADE-3228D5280881 January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Leroy Hess DocuSign Envelope ID: DC2A6CE7-53A1-4F4A-80AB-419AF4C6EE48 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Matt Rose DocuSign Envelope ID: 0A74E1DC-7F05-405D-A522-530059C1F27B January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Murphy Markham DocuSign Envelope ID: 09FC3B95-ED13-4FA8-8D45-CAA1A651EC92 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Paul Marciano DocuSign Envelope ID: D1A7CEC3-3AAA-4425-AB7F-512EFDCE815D January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Scott Cruickshank DocuSign Envelope ID: 2CA45EAF-4703-45E9-A19E-5CCE8E0BBFE1 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Steve Titcomb DocuSign Envelope ID: FD1CF151-0ED4-44BD-9589-1469D592E524 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Terry Horton DocuSign Envelope ID: BE66100A-4D6F-46C4-B085-039A9660CA66 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Todd Armstrong DocuSign Envelope ID: F9B6F60F-9E0F-4B72-B397-CA4132F4EA95 January 28, 2019 Town of Westlake Planning Commission and Town Council 1500 Solana Blvd., Building 7, Suite 7200 Westlake TX 76262 Re: Spencer Ranch Community Dear Commission and Council Members: I am very excited to see such a great development finally come to Texas and more specifically to Westlake! I am encouraging the Commission and Council to approve this development in the most expeditious fashion as I anticipate this could become the new standard for high value developments and housing in the area if not the state! As some of you know I was involved with the Vaquero Club for a number of years and have been fortunate enough to be engaged with many other clubs throughout the country. I was introduced to Paul Pastore by a member at Vaquero a couple of years ago and after seeing the proposed Spencer Ranch development and learning about his vision, I can truly say you have an opportunity to bring to the Town of Westlake an incredibly unique and necessary project for our time, something I have not seen on the ground in all of my travels. It is most refreshing to see a high-quality home builder control the land and be this committed to deliver high value homes with the amenities and a wellness component in a Town like Westlake. I would encourage your approval of this project and welcome any questions should you have any reservations. Sincerely, Tony Dawson 1229 Castle Cove Lane Keller, Texas, 76262 cell From: To:Paul Pastore Cc:; Ron Ruthven Subject:Oakmont Hills and Spencer Ranch Date:Monday, February 4, 2019 3:10:17 PM Paul, In anticipation of Waterside’s re-submission of the Spencer Ranch proposal we re-convened our HOA Committee and have a few additional items we would like your consideration and agreement. I have also copied the members of the Oakmont Hills HOA Committee and Ron Ruthven, Director of Planning and Development, City of Westlake. - We would like Waterside to revise our prior agreement (Item #2) and increase setbacks to 75 feet and include any outbuildings. We have reviewed the recent approval of “The Knolls” subdivision in Westlake and there is a 150’ setback to the adjacent properties in Glenwyck Farms. In addition, the northern and western boundaries of Spencer Ranch are adjacent to roadways. This should provide the ability to "shift" the plan to provide more space between adjacent properties on the southern border to improve privacy. - We would like Waterside to revise our prior agreement, Item #1, section b – to not limit the decorative iron fencing with masonry columns to 1,000 feet. Upon further research the property line is 1,554’ according to the original plat for Oakmont Hills. Since the intent of our previous agreement was to provide the fencing to all properties on the border, the limit of 1,000’ should be removed and stated to apply to the entire length of the property line. - We would like Waterside to agree to not hold any homeowner in Oakmont Hills at fault of any water drainage onto Spencer Ranch. Our prior agreement stated Waterside will not adversely impact natural water runoff or drainage to the Oakmont Hills homes. Since natural drainage is down the property line into a collection pond on the south-west corner of Spencer Ranch we want to clarify that Waterside will incorporate this drainage pattern and not hold any Oakmont Hills homeowner liable for water runoff or drainage onto Spencer Ranch. - There is concern of rodent intrusion into Oakmont Hills properties when the barns on the south side of Mr. Brittan’s property are demolished. We would like a mitigation plan that will prevent the migration of rodents into adjacent Oakmont Hills properties - We would like a construction barrier in place along the southern border of Spencer Ranch to prevent dirt and mud to potentially flow onto Oakmont Hills properties during construction. - We would like an airborne dust and dirt mitigation plan. There are 11 homes in Oakmont Hills adjacent to Spencer Ranch southern border. Most of these homes have pools and there is a concern of airborne dust and dirt coating windows and impacting pool operation. - In addition to item 4 of our prior agreement we would like a construction schedule of each phase: demolition, construction of fence, landscaping, houses along the property line. Paul, we appreciate your willingness to have open dialog and work with the southern neighbors of Spencer Ranch to create a community that we all are proud of. Thank you and we look forward to your agreement. Sincerely, Dave Elmer Oakmont Hills HOA From: To:Ron Ruthven Cc:Nick Ford Subject:Rezoning request from R5 to PD7 for Spencer Ranch Date:Wednesday, February 6, 2019 12:43:22 PM Dear Mr. Ruthven and Mr. Ford, We are homeowners in Oakmont Hills which borders the south side of the proposed Spencer Ranch development. We are responding to the public hearing notice regarding the rezoning request. We are thankful for the willingness of Mr. Pastore and Waterside Land Co. to address the concerns of Oakmont Hills residents but we remain concerned with the density of this project. When we moved to Oakmont Hills it was due to the neighborhood and the surrounding area. This part of Keller and Westlake is mostly multi-acre residences and the open space is a breath of fresh air and becoming scarcer. We thought this “country feeling” would be preserved even if the property in question were developed due to it being zoned R5. We are concerned and opposed to the following: 1. The density is not compatible with the surrounding area. Many homes to the north, west and south are on multi acre lots. The proposal will create a sea of rooftops in an area where multi-acre lots and open spaces are the reason why people choose to live in this area. The proposal is better suited for areas around Solana, not in a quiet multi-acre residential area. 2. The set-backs and lot sizes are not adequate. The developer for “The Knolls” in Westlake agreed to a 150’ setback to accommodate residents of Glenwyck Farms and has minimum lot sizes of 10,000 SqFt. These lot sizes may be appropriate for the Entrada and Solana areas of Westlake but not in the area of the proposed Spencer Ranch. We feel the set-backs and lot sizes should be equal, or greater, than what was approved for The Knolls. 3. Town Homes should not be allowed to be included. The surrounding area does not support the requested density per the 2 points above. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you again for your consideration. We are unable to attend the public hearing, as our daughter has a KHS Varsity Basketball playoff game that evening. Christie & Jody Mathews 2013 Bantry Drive From: To:Ron Ruthven; Nick Ford Subject:Spencer Ranch and Standard Permitted Base Plate Date:Friday, February 8, 2019 9:35:58 AM Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Re: Rezoning request from R5 to PD7 for Spencer Ranch Dear Mr. Ruthven and Mr. Ford, I understand the logic in determining gross density but 7,000 SqFt is overstating the general, or, base plate calculation. The base plate density calculation is most critical in order to achieve compliance to the town’s goal of maintaining a “Pastoral Community”. It is stated that the base plate density of 7,000 was provided by architects and designers designing houses for Granada. These are design numbers and not what is actually being built. Using data from Tarrant County Appraisal District (TAD) the average home size for the 55 completed homes in Granada is 6,089 SqFt. The average base plate (house first floor and garage) is 5,062 SqFt. Based on these actual numbers, to achieve equivalent gross density, the aggregate plate square footage for Spencer Ranch with 38 lots on 38 acres should not exceed 192,367. I believe the standard permitted base plate is overstated and should be amended to 5,000 SqFt. I am willing to share my data with you if you would like to discuss. Sincerely, Dave Elmer From: To:Ron Ruthven; Nick Ford Subject:Rezoning for Spencer Ranch Date:Wednesday, February 6, 2019 9:07:50 AM Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Re: Rezoning request from R5 to PD7 for Spencer Ranch Dear Mr. Ruthven and Mr. Ford, We are David and Julie Elmer, the homeowners at 2017 Bantry Drive which borders the south side of the proposed Spencer Ranch development. We have lived in our home for 14+ years and are part of the Oakmont Hills subdivision in Keller. Thank you for sending the public hearing notice regarding the rezoning request. We acknowledge and are thankful for the willingness of Mr. Pastore and Waterside Land Co. to address the concerns of Oakmont Hills residents but we remain concerned with the density of this project. When we bought our home a significant amount of consideration was the potential future of the property behind us. We were hopeful the property would remain open but given the growth in this area we believed it could eventually be developed. However, we felt better knowing it was zoned R5 and thought any development would consist of large estate homes on 5 acre lots. We are concerned and opposed to the following: 1. The density is not compatible with the surrounding area. Many homes to the north, west and south are on multi acre lots. The proposal will create a sea of rooftops in an area where multi-acre lots and open spaces are the reason why people choose to live in this area. The proposal is better suited for areas around Solana, not in a quiet multi-acre residential area. 2. The set-backs and lot sizes are not adequate. The developer for “The Knolls” in Westlake agreed to a 150’ setback to accommodate residents of Glenwyck Farms and has minimum lot sizes of 10,000 SqFt. These lot sizes may be appropriate for the Entrada and Solana areas of Westlake but not in the area of the proposed Spencer Ranch, however, the set-backs and lot sizes should be at least equal, or greater, to what was approved for The Knolls. 3. Town Homes should not be allowed to be included. The surrounding area does not support the requested density per the 2 points above. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you again for your consideration. David and Julie Elmer 2017 Bantry Drive Keller, TX 76262 February 4, 2019 Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Dear Mr. Ruthven, I am homeowner in the Oakmont Hills subdivision located on the south side of the requested zoning change. We recently purchased a home at 2025 Bantry Drive. North. When we bought the home, we knew it bordered Westlake; with its strict zoning requirements, (one home per 5 acres) that if it were developed it would be done with the strictest requirements and it would not impact our home value. We expected not more than 7 homes on the 37 acres and this proposal is for 68 homes on 37 acres. We are concerned. The density and lot size are not compatible with the surrounding area and is way below the standards set for prestigious Westlake. Many homes to the north, south and west of the property in question are on multi-acre lots. The perimeter walls, landscaping, etc. around these properties are impeccable. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills, that is manicured / maintained, landscaped, etc. Drainage needs to be considered given the slope, need to maintain runoff, etc. This is not a high-density area and sq. ft. minimums should be in line with Westlake and minimally above the Oakmont standard of 4000 sq. ft. This proposed development would not even meet Keller’s zoning requirements for this area. The planned development calls for smaller homes on very small lots. Should the market not bear the proposed cost of these homes, the chance of our home’s value decreasing is heightened. In addition, high density development creates other concerns for our neighborhood. The amount of traffic will increase on neighboring roads causing traffic back-ups and wear and tear all along Pearson, Dove and Aspen. Having a student in Westlake Academy, we are keenly aware of the lack of classroom space and congested traffic for the already overpopulated school. Students are currently in temporary buildings and traffic around the school is horrible. I am concerned about what problems the addition of a high-density neighborhood will cause the school. We appreciate the City of Westlake considering our concerns, and welcome the opportunity to meet with any town officials to discuss the above. Regards, Dorothy Anne Street Skipper 2025 Bantry Dr. Keller, TX 76262 From: To:Ron Ruthven; Nick Ford Cc: Subject:Rezoning Request from R5 to PD7 for Spencer Ranch Date:Monday, February 11, 2019 6:52:36 AM Attachments:image002.png Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Subject: Rezoning Request from R5 to PD7 for Spencer Ranch Dear Mr. Ruthven and Mr. Ford, We are Jim and Donna Dettbarn, the homeowners of 2021 Bantry Drive that borders the south side of the proposed Spencer Ranch development. We have lived here for over 15 years and are part of the Oakmont Hills subdivision in Keller. We appreciate you sending the public hearing notice regarding the rezoning request. We are aware and thankful for the willingness of Mr. Paul Pastore and Waterside Land Co. to acknowledge and address the concerns of Oakmont Hills residents; however, we remain quite concerned with the density of the project. When we purchased our home we heavily weighed the future of the property around our lot and the Oakmont Hills neighborhood and we were comforted by the way Westlake was managing the development to retain the R5 zoning to have large estate homes on approximately 5 acre lots. Our concerns are outlined below: 1. The density proposed for Spencer Ranch is not compatible with the surrounding area. Most of the homes to the North, West and South are on multi-acre lots. This proposal creates a significant change to the landscape of the area to include rooftop after rooftop versus the distributed roofs amongst the open space. It appears this type of density is much more aligned with the transition that was set forth in the Solana area and not amidst the more secluded area with the larger 5-acre estates. 2. Town Homes should not be allowed in the development. The surrounding area does not support having town homes as outlined herein. 3. The set-backs and lot sizes are not adequate. From research, the “Knolls” in Westlake already agreed to use 150 foot set-backs to accommodate residents of Glenwyck Farms and set minimum lot sizes to 10,000 Sqft. The lot sizes might be more suited in the Solana and Entrada area of Westlake, but not for Spencer Ranch. In any case, the set-backs and lot sizes of Spencer Ranch should be at least equal to or greater than what was approved for the “Knolls” subdivision. 4. As we saw with the rains over the last few years, it is imperative that the developer must ensure all drainage and water run-off is handled proactively so existing properties are not hindered or impacted. The plan presented indicates a dramatic change in the water flow due to structure changes and infrastructure. Directed consideration is required to ensure existing properties are not harmed or require adjustment. We really appreciate the City of Westlake considering our concerns and we welcome the opportunity to meet with any town of Westlake officials to discuss our concerns. Thank you again for your time and consideration. Jim and Donna Dettbarn 2021 Bantry Drive Keller, TX 76262 From: Ron Ruthven <rruthven@westlake-tx.org> To: Ron Ruthven <rruthven@westlake-tx.org> Cc: Nick Ford <nford@westlake-tx.org> Sent: Friday, February 1, 2019 2:43 PM Subject: Courtesy Notice of Rezoning Request - Westlake, TX Dear Keller Resident: Please see the attached public hearing notice regarding a rezoning request for property located in the Town of Westlake that is adjacent to the city of Keller. Given your previous correspondence regarding a past rezoning request for the subject property, the attached notice is provided to you as a courtesy should you wish to attend the public hearings and/or provide additional correspondence. The official meeting agenda packet that contains the details of the request will be available for public viewing not later than Thursday, February 7, 2019 at www.westlake-tx.org. If you wish to be removed from any future email notifications regarding this item, please let me know. Thank you. Ron Ruthven, AICP Director of Planning and Development Town of Westlake 1500 Solana Blvd., Bldg. 7, #7200 Westlake, TX 76262 Phone: 817-490-5739 Fax: 817-430-1812 Email: rruthven@westlake-tx.org www.westlake-tx.org From:L To:Ron Ruthven Subject:Re: Courtesy Notice of Rezoning Request - Westlake, TX Date:Tuesday, February 12, 2019 8:46:00 AM Dear Ron Ruthven: Thank you for this notice. I would like to go on record again, as opposing this zoning change. I believe the proposed Spencer Ranch goes against the original Westlake plan of large natural lots and low population density. Since the clearing of the Solona development, I’ve come to realize that the city of Westlake seems to be on the side of the developers and has little interest in preservation. In my opinion, Westlake is turning into a newer Las Colinas but with larger homes and more security gates. The deer and turkey sightings have become non existent this last year. Next will be the little grey fox and owl that are frequently caught on my security cameras. The potential Spencer Ranch area and adjoining properties are rich with what is Westlake’s original appeal of natural trees and abundant nature. I hope the Planning commission sees the value in holding true to Westlake's vision on this southwest side. Also, I’m concerned with Spencer Ranch’s "target price” (that’s a noncommittal term) of mid million ($1.7?) because myself and several of my neighbor’s have substantially invested in remodeling our older homes. If Spencer Ranch decides to lower their price range down the road, our neighborhood would have to compete with their new construction. Lastly, I’ll reiterate from my last letter, the increased traffic that Spencer Ranch would contribute to Pearson Road would be irresponsible. I’m planning to contact my Keller planning representative to find out more details. Thank you for listening. I hope to be pleasantly surprised when Westlake declines this zoning change. Leah Blalock 2037 Bantry Dr, Keller, TX 76262 Also thank you on behalf of little grey fox and owl On Feb 1, 2019, at 2:43 PM, Ron Ruthven <rruthven@westlake-tx.org> wrote: Dear Keller Resident: Please see the attached public hearing notice regarding a rezoning request for property located in the Town of Westlake that is adjacent to the city of Keller. Given your previous correspondence regarding a past rezoning request for the subject property, the attached notice is provided to you as a courtesy should you wish to attend the public hearings and/or provide additional correspondence. The official meeting agenda packet that contains the details of the request will be available for public viewing not later than Thursday, February 7, 2019 at www.westlake-tx.org. If you wish to be removed from any future email notifications regarding this item, please let me know. Thank you. Ron Ruthven, AICP Director of Planning and Development Town of Westlake 1500 Solana Blvd., Bldg. 7, #7200 Westlake, TX 76262 Phone: 817-490-5739 Fax: 817-430-1812 Email: rruthven@westlake-tx.org www.westlake-tx.org <image002.png> <Public Hearing Notice -Town of Westlake.pdf> From: To:Ron Ruthven; Nick Ford Subject:Rezoning request from R5 to PD7 for Spencer Ranch Date:Monday, February 11, 2019 4:11:23 PM Dear Mr. Ruthven and Mr. Ford, We are homeowners in Oakmont Hills which borders the south side of the proposed Spencer Ranch development. We are responding to the public hearing notice regarding the rezoning request. We are thankful for the willingness of Mr. Pastore and Waterside Land Co. to address the concerns of Oakmont Hills residents but we remain concerned with the density of this project. When we moved to Oakmont Hills it was due to the neighborhood and the surrounding area. This part of Keller and Westlake is mostly multi-acre residences and the open space is a breath of fresh air and becoming scarcer. We thought this “country feeling” would be preserved even if the property in question were developed due to it being zoned R5. We are concerned and opposed to the following: 1. The density is not compatible with the surrounding area. Many homes to the north, west and south are on multi acre lots. The proposal will create a sea of rooftops in an area where multi-acre lots and open spaces are the reason why people choose to live in this area. The proposal is better suited for areas around Solana, not in a quiet multi-acre residential area. 2. The set-backs and lot sizes are not adequate. The developer for “The Knolls” in Westlake agreed to a 150’ setback to accommodate residents of Glenwyck Farms and has minimum lot sizes of 10,000 SqFt. These lot sizes may be appropriate for the Entrada and Solana areas of Westlake but not in the area of the proposed Spencer Ranch. We feel the set-backs and lot sizes should be equal, or greater, than what was approved for The Knolls. 3. Town Homes should not be allowed to be included. The surrounding area does not support the requested density per the 2 points above. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you again for your consideration. Thank you, Meghan E. Inglis Oakmont Hills resident Southern border of proposed development. -- Thank you, Meghan Meghan Inglis Sr. Director, Pricing & Business Development | Pharmaceutical Solutions and Services McKesson | 6555 State Highway 161, Irving, TX 75039 | Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and proprietary information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: To:Ron Ruthven Cc:Nick Ford Subject:Not just a form letter but does concern Rezoning Request for Spencer Ranch Date:Monday, February 11, 2019 12:37:26 PM Dear Mr. Ruthven and Mr. Ford, Our Homeowners Board presented us with the opportunity to share our concerns with you by forwarding you the following letter. It is our greatest hope that you have been deluged with these forwarded letters. I’ve included it below to add our voices to however many letters you have already received. But I also have a question. Will there be an opportunity at this evening’s meeting for concerned residents to speak? If yes, I would prepare something very brief. If no, I hope you’ll share my thoughts… My husband and I have been visiting family in this area for decades. When he retired last year we were finally able to move here and join much of our family. The last few years, every time we visited we scouted out potential neighborhoods for our home. We always ended up back at the Oakmont Hills community. Beautifully maintained with mature landscaping and within easy reach of Westlake, Southlake and Keller. Add to that lots of still open spaces with longhorns and wildflowers. Gorgeous. It was our understanding that the lots in Oakmont were the SMALLEST lots in the area - 1/2 acre. All that said, we believe in capitalism. We understand that owners of property have every right to expect that if they do their due diligence and plan and invest appropriately they will reap great rewards. But, did the buyers of the property in question not know ahead of time that they were buying property with size restrictions? Of course they did. I don’t know their original intentions but I’m guessing they always figured they could somehow persuade Westlake Planning & Development to give into them, either through promises of increased taxes to the city or something else - their attempt was obviously to convince Westlake P&D of the upside to smaller lot sizes, tighter homes, more traffic and more people. We ask that you stand strong and retain the existing zoning that contributes so hugely to the unique excellence that is Westlake. Thank you, Nancy (and William Shull) 1825 Kinsale Drive _________________________________________________________ We are homeowners in Oakmont Hills which borders the south side of the proposed Spencer Ranch development. We are responding to the public hearing notice regarding the rezoning request. We are thankful for the willingness of Mr. Pastore and Waterside Land Co. to address the concerns of Oakmont Hills residents but we remain concerned with the density of this project. When we moved to Oakmont Hills it was due to the neighborhood and the surrounding area. This part of Keller and Westlake is mostly multi-acre residences and the open space is a breath of fresh air and becoming scarcer. We thought this “country feeling” would be preserved even if the property in question were developed due to it being zoned R5. We are concerned and opposed to the following: 1. The density is not compatible with the surrounding area. Many homes to the north, west and south are on multi acre lots. The proposal will create a sea of rooftops in an area where multi-acre lots and open spaces are the reason why people choose to live in this area. The proposal is better suited for areas around Solana, not in a quiet multi-acre residential area. 2. The set-backs and lot sizes are not adequate. The developer for “The Knolls” in Westlake agreed to a 150’ setback to accommodate residents of Glenwyck Farms and has minimum lot sizes of 10,000 SqFt. These lot sizes may be appropriate for the Entrada and Solana areas of Westlake but not in the area of the proposed Spencer Ranch. We feel the set-backs and lot sizes should be equal, or greater, than what was approved for The Knolls. 3. Town Homes should not be allowed to be included. The surrounding area does not support the requested density per the 2 points above. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you again for your consideration. From: To:Ron Ruthven; Nick Ford Subject:Westlake development proposal - CONCERNS Date:Wednesday, February 6, 2019 6:16:37 PM Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Re: Rezoning request from R5 to PD7 for Spencer Ranch Dear Mr. Ruthven and Mr. Ford, We are homeowners in Oakmont Hills which borders the south side of the proposed Spencer Ranch development. We are responding to the public hearing notice regarding the rezoning request. We are thankful for the willingness of Mr. Pastore and Waterside Land Co. to address the concerns of Oakmont Hills residents but we remain concerned with the density of this project. When we moved to Oakmont Hills it was due to the neighborhood and the surrounding area. This part of Keller and Westlake is mostly multi-acre residences and the open space is a breath of fresh air and becoming scarcer. We thought this “country feeling” would be preserved even if the property in question were developed due to it being zoned R5. We are concerned and opposed to the following: 1. The density is not compatible with the surrounding area. Many homes to the north, west and south are on multi acre lots. The proposal will create a sea of rooftops in an area where multi-acre lots and open spaces are the reason why people choose to live in this area. The proposal is better suited for areas around Solana, not in a quiet multi-acre residential area. 2. The set-backs and lot sizes are not adequate. The developer for “The Knolls” in Westlake agreed to a 150’ setback to accommodate residents of Glenwyck Farms and has minimum lot sizes of 10,000 SqFt. These lot sizes may be appropriate for the Entrada and Solana areas of Westlake but not in the area of the proposed Spencer Ranch. We feel the set-backs and lot sizes should be equal, or greater, than what was approved for The Knolls. 3. Town Homes should not be allowed to be included. The surrounding area does not support the requested density per the 2 points above. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you again for your consideration. Thank you, Shaen R. Inglis Oakmont Hills resident Southern border of proposed development. From: To:Ron Ruthven Cc:Nick Ford Subject:Rezoning request from R5 to PD7 for Spencer Ranch Date:Wednesday, February 6, 2019 4:40:31 PM Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Re: Rezoning request from R5 to PD7 for Spencer Ranch Dear Mr. Ruthven and Mr. Ford, We are homeowners in Oakmont Hills which borders the south side of the proposed Spencer Ranch development. We are responding to the public hearing notice regarding the rezoning request. We are thankful for the willingness of Mr. Pastore and Waterside Land Co. to address the concerns of Oakmont Hills residents but we remain concerned with the density of this project. When we moved to Oakmont Hills it was due to the neighborhood and the surrounding area. This part of Keller and Westlake is mostly multi-acre residences and the open space is a breath of fresh air and becoming scarcer. We thought this “country feeling” would be preserved even if the property in question were developed due to it being zoned R5. We are concerned and opposed to the following: 1. The density is not compatible with the surrounding area. Many homes to the north, west and south are on multi acre lots. The proposal will create a sea of rooftops in an area where multi-acre lots and open spaces are the reason why people choose to live in this area. The proposal is better suited for areas around Solana, not in a quiet multi-acre residential area. 2. The set-backs and lot sizes are not adequate. The developer for “The Knolls” in Westlake agreed to a 150’ setback to accommodate residents of Glenwyck Farms and has minimum lot sizes of 10,000 SqFt. These lot sizes may be appropriate for the Entrada and Solana areas of Westlake but not in the area of the proposed Spencer Ranch. We feel the set-backs and lot sizes should be equal, or greater, than what was approved for The Knolls. 3. Town Homes should not be allowed to be included. The surrounding area does not support the requested density per the 2 points above. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you again for your consideration. Sincerely, Walter and Jessica Roberts 1829 Barrington Dr. Keller, TX 76262 Sent from Mail for Windows 10 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a.Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b.Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c.Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d.Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana e.Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation Town Council Item # 10 – Executive Session Town Council Item # 11 – Reconvene Council Meeting NECESSARY ACTION a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana e. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation Town Council Item #12 – Necessary Action FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town Council Item # 13 – Future Agenda Items Town Council Item # 14 – Adjournment